201605326 - Laserfiche WebLink

Browse

hereby; and the remainder, if any, to the person or persons legally entitled thereto in the order of their priority. Section 6.04. Remedies Not Exclusive. Trustee and Beneficiary shall each be entitled to enforce payment and performance of any Secured Obligations and to exercise all rights and powers under this Deed of Trust, under the Credit Agreement, under any of the other Loan Documents, or under any laws now or hereafter in force, notwithstanding some or all of sthe Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment, or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each (a) shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity and (b) may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against Trustor to the extent such action is permitted by law. Section 6.05. Waiver of Marshalling and Consent to Receiver. Trustor waives all rights, legal and equitable, it may now or hereafter have to require marshalling of assets or to require upon foreclosure sales of assets in a particular order. Each successor and assign of Trustor, including any holder of a lien subordinate to this Deed of Trust, by acceptance of its interest or lien agrees that it shall be bound by the above waiver, as if it had given the waiver itself. Trustor hereby consents to Trustee's or Beneficiary's application for, and the appointment of, a receiver, trustee, liquidator, or conservator of the Property, without notice to Trustor and without regard for the adequacy of the security for the Secured Obligations and without regard for the solvency of Trustor. When all of the Secured Obligations have been paid and performed in full, Beneficiary shall request Trustee in writing to reconvey the Property. When Trustee receives Beneficiary's written request for reconveyance and all fees and other sums owing to it by Trustor under Section 5.01, Trustee shall reconvey the Property, or so much of it as is then held under this Deed of Trust, without warranty to the person or persons legally entitled to it. Neither Beneficiary nor Trustee has any duty to determine the rights of persons claiming to be rightful grantees of any reconveyance. Section 8.01. Integration. The Credit Agreement and the other Loan Documents fully state all of the terms and conditions of the parties' agreement regarding the matters mentioned in or incidental to this Deed of Trust. The Loan Documents also grant further rights to FNBO /Nova -Tech Deed of Trust DOCS/1660316.5 ARTICLE VII RECONVEYANCE ARTICLE VIII MISCELLANEOUS PROVISIONS 13 201605326'