201310005 - Laserfiche WebLink

Browse

892675/5/COLUMBUS 065439.00076 201310005 entitled to exercise every right provided for in the Notes, this Deed of Trust, or the Loan Documents, or by law upon the occurrence of any Event of Default, including the right to exercise the Power of Sale as described below. ii) Exercise the Power of Sale as described below; iii) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants hereof; iv) Without notice or demand to Borrower, set off and apply against any and all of the Obligations any and all deposits (general or special, time or demand, provisional or final) and any other Obligations, at any time held or owing by Lenders or any of the Lenders' agents or affiliates to or for the credit of the account of Borrower; and v) With respect to all or any part of the Personalty, exercise all the rights and remedies of a secured party under the UCC. b. Power of Sale. If Lenders elect to exercise the Power of Sale herein contained, Lenders shall notify Trustee as provided by law, and shall deposit with Trustee this Deed of Trust and the Notes and such receipts and evidence of expenditures made and secured by this Deed of Trust as Trustee may require. i) Upon receipt of such notice from Lenders, Trustee shall cause to be recorded, published and delivered to Borrower such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Borrower, after such time as may then be required by law and after recordation of such Notice of Default and after notice of sale having been given as required by law, sell the Property, or any portion of the Property, at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Borrower, Trustee, or Lenders, may purchase at such sale. ii) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. iii) Borrower waives any right to require the marshaling of any of its assets in connection with any disposition and sale conducted pursuant hereto. In the event all or part of the Property is included at any foreclosure sale conducted pursuant hereto, a single total price for the Property, or such part thereof as is sold, may be accepted by Lenders with no obligation to distinguish between the application of such proceeds 14