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201305319
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Last modified
8/19/2014 2:23:28 PM
Creation date
7/2/2013 4:44:32 PM
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DEEDS
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201305319
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39 <br />201305319 <br />(ii) Administrative Agent may require Mortgagor to assemble the Collateral <br />and make it available at a place Administrative Agent designates which is mutually <br />convenient to allow Administrative Agent to take possession or dispose of the Collateral; <br />and <br />(iii) written notice mailed to Mortgagor as provided herein at least ten (10) <br />days (except with respect to Collateral located in the State of Wisconsin, then ten (10) <br />days) prior to the date of public sale of the Collateral or prior to the date after which <br />private sale of the Collateral will be made shall constitute reasonable notice; and <br />(iv) in the event of a foreclosure of the Liens, privileges, and/or security <br />interests evidenced hereby, the Collateral, or any part thereof, and the Mortgaged <br />Properties, or any part thereof, may, at the option of Administrative Agent, be sold, as a <br />whole or in parts, together or separately (including, without limitation, where a portion of <br />the Mortgaged Properties is sold, the Collateral related thereto may be sold in connection <br />therewith); and <br />(v) the expenses of sale provided for in Section 4.6 shall include the <br />reasonable expenses of retaking the Collateral, or any part thereof, holding the same and <br />preparing the same for sale or other disposition; and <br />(vi) should, under this subsection, the Collateral be disposed of other than by <br />sale, any proceeds of such disposition shall be treated under Section 4.6 as if the same <br />were sales proceeds. <br />(e) To the extent permitted by any applicable Requirement of Law, the sale hereunder <br />of less than the whole of the Property shall not exhaust the powers of sale herein granted or the <br />right to judicial foreclosure, and successive sale or sales may be made until the whole of the <br />Property shall be sold, and, if the proceeds of such sale of less than the whole of the Property <br />shall be less than the aggregate of the indebtedness secured hereby and the expense of <br />conducting such sale, this Mortgage and the Liens, privileges, and security interests hereof shall <br />remain in full force and effect as to the unsold portion of the Property just as though no sale had <br />been made; provided, however, that Mortgagor shall never have any right to require the sale of <br />less than the whole of the Property. In the event any sale hereunder is not completed or is <br />defective in the opinion of Administrative Agent, such sale shall not exhaust the powers of sale <br />hereunder or the right to judicial foreclosure, and Administrative Agent shall have the right to <br />cause a subsequent sale or sales to be made. Any sale may be adjourned by announcement at the <br />time and place appointed for such sale without further notice except as may be required by any <br />Requirement of Law. The Trustee or his successor or substitute, and the Administrative Agent <br />acting under power of sale, respectively, may appoint or delegate any one or more persons as <br />agent to perform any act or acts necessary or incident to any sale held by it (including, without <br />limitation, the posting of notices and the conduct of sale), and such appointment need not be in <br />writing or recorded. Any and all statements of fact or other recitals made in any deed or deeds, <br />or other instruments of transfer, given in connection with a sale as to nonpayment of the secured <br />indebtedness or as to the occurrence of any default, or as to all of the secured indebtedness <br />having been declared to be due and payable, or as to the request to sell, or as to notice of time, <br />place and terms of sale and the properties to be sold having been duly given, or, with respect to <br />
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