201605328 - Laserfiche WebLink

Browse

201+60532% legal expenses, cost of evidence of title, cost of evidence of value, and other costs and expenses that either may suffer or incur: (a) in performing any act required or permitted by this Deed of Trust or by law; (b) because of any failure of Trustor to perform any of the Secured Obligations; or (c) because of any alleged obligation of or undertaking by Beneficiary to perform or discharge any of the representations, warranties, conditions, covenants, or other obligations in any document relating to the Property other than the Loan Documents. THIS AGREEMENT BY TRUSTOR TO INDEMNIFY TRUSTEE AND BENEFICIARY SURVIVES THE RELEASE AND CANCELLATION OF ANY OR ALL OF THE SECURED OBLIGATIONS AND THE FULL OR PARTIAL RELEASE OR RECONVEYANCE OF THIS DEED OF TRUST. Trustor shall pay all obligations to pay money arising under this Article V immediately upon demand by Trustee or Beneficiary. Each such obligation shall be added to, and considered to be part of, the principal of the Note, bears interest from the date the obligation arises at the rate specified in the Credit Agreement, and is subject to a late payment charge in accordance with Section 2.5 of the Credit Agreement. Section 6.01. Events of Default. The occurrence of any one or more of the following events is an "Event of Default" under this Deed of Trust: Document; Agreement; (d) Trustor makes or permits the occurrence of transfer or encumbrance in violation of Section 3.09 hereof; (e) Trustor shall file of record or serve Beneficiary with any notice limiting the maximum amount secured by this Deed of Trust to any amount; (f) Any representation or warranty made or given by Trustor in this Deed of Trust proves to be false or misleading in any material respect; or (g) Trustor fails to perform any obligation, term, or provision arising under this Deed of Trust, other than as provided in clauses (a) through (f) of this Section 6.01, and does not cure that failure within thirty days after written notice from Beneficiary or Trustee, or, if the Default cannot be cured in thirty days, within a reasonable time but not to exceed ninety days after such written notice. Section 6.02. Remedies. Upon the occurrence of an Event of Default, all of the Secured Obligations shall become immediately due and payable at the option of Beneficiary, FNBO /Nova -Tech Leasehold Deed of Trust DOCS/1660400.5 ARTICLE VI EVENTS OF DEFAULT; REMEDIES (a) An Event of Default under the Credit Agreement or any other Loan (b) Any default by Trustor under the Guaranty; (c) An "Event of Default" as that term is defined in the Zitski Credit 11