Laserfiche WebLink
201300072 <br /> (ii) Commence an action to foreclose this Deed in a single parcel or in several parcels, <br /> appoint a receiver or specifically enforce any of the covenants hereof; <br /> (iii) Exercise any or all of the remedies available to a secured party under the Uniform <br /> Commercial Code as adopted in the State ("UCC"), including,without limitation: <br /> (1) Either personally or by means of a court appointed receiver, commissioner or <br /> other officer, take possession of all or any of the Personal Property and exclude therefrom Grantor <br /> and all others claiming under Grantor, and thereafter hold, store, use, operate, manage, maintain <br /> and control, make repairs, replacements, alterations, additions and improvements to and exercise <br /> all rights and powers of Grantor in respect of the Personal Property or any part thereof. In the <br /> event the Lender demands or attempts to take possession of the Personal Property in the exercise <br /> of any rights under any of the Loan Documents, Grantor promises and agrees to promptly turn over <br /> and deliver complete possession thereof to the Lender; <br /> (2) Without notice to or demand upon Grantor, make such payments and do such <br /> acts as the Lender may deem necessary to protect its security interest in the Personal Property, <br /> including, without limitation, paying, purchasing, contesting or compromising any encumbrance, <br /> charge or lien which is prior to or superior to the security interest granted hereunder and, in <br /> exercising any such powers or authority, to pay all expenses incurred in connection therewith; <br /> (3) Require Grantor to assemble the Personal Property or any portion thereof, at the <br /> Trust Estate, and promptly to deliver such Personal Property to the Lender, or an agent or <br /> representative designated by it. The Lender, and its agents and representatives, shall have the <br /> right to enter upon any or all of Grantor's premises and property to exercise the Lender's rights <br /> hereunder; <br /> (4) Sell, lease or otherwise dispose of the Personal Property at public sale, with or <br /> without having the Personal Property at the place of sale, and upon such terms and in such manner <br /> as the Lender may determine. The Lender may be a purchaser at any such sale; <br /> (5) Unless the Personal Property is perishable or threatens to decline speedily in <br /> value or is of a type customarily sold on a recognized market,the Lender shall give Grantor at least <br /> 10 days' prior written notice of the time and place of any public sale of the Personal Property or <br /> other intended disposition thereof. Such notice may be delivered to Grantor at the address set <br /> forth at the beginning of this Deed and shall be deemed to be given as provided herein; and <br /> (6) Any sale made pursuant to the provisions of this subsection shall be deemed to <br /> have been a public sale conducted in a commercially reasonable manner if held <br /> contemporaneously with the sale of all or a portion of the other Trust Estate under power of sale as <br /> provided herein upon giving the same notice with respect to the sale of the Personal Property <br /> hereunder as is required for such sale of the other Trust Estate under power of sale, and such sale <br /> shall be deemed to be pursuant to a security agreement covering both real and personal property <br /> under the UCC; <br /> (iv) Exercise all of Grantor's rights and remedies under the Indemnity Agreements, including, <br /> without limitation, making demands and claims and receiving payments under the Indemnity Agreements. <br /> Grantor hereby grants the Collateral Agent a power of attorney (which grant shall be deemed irrevocable <br /> and coupled with an interest)to exercise such rights and remedies; <br /> (v) Apply any sums then deposited in the impound account described in Section 3.06 toward <br /> payment of the taxes, assessment and insurance premiums for the Trust Estate and/or as a credit on the <br /> Obligations in such priority and proportion as the Lender may determine in its sole discretion; <br /> (vi) If held by the Lender, surrender the insurance policies maintained pursuant to Section <br /> 3.05, collect the unearned insurance premiums and apply such sums as a credit on the Obligations in such <br /> priority and proportion as the Lender in its sole discretion shall deem proper, and in connection therewith, <br /> 13 <br /> 4821-4372-3794.1 <br /> STORE/Concord <br /> 721 Diers Avenue,Grand Island, NE 68803 <br /> File No 7210/02-81.13 <br />