201703609 - Laserfiche WebLink

Browse

201703609 requirements for giving of said notice; provided that if Grantor has furnished Grantee with notice of a change of address in accordance with Section 5.01, then any such notice shall not be reasonable unless sent to the new address; (e) agrees, to the extent permitted by law and without limiting any rights and privileges herein granted to Grantee, that Grantee may dispose of any or all of the Personal Property at the same time and place upon giving the same notice provided for in this Security Instrument or applicable law, and in the same manner as the non judicial foreclosure sale provided for under the terms and conditions of this Security Instrument; and (f) authorizes Grantee to file, in the jurisdiction where this Security Instrument will be given effect and /or where Grantor is organized, financing statements including renewals or confirmations thereof, covering the Personal Property; and at the request of Grantee, Grantor will join Grantee in executing one or more such financing statements including renewals or confirmations thereof, pursuant to the Code in a form reasonably satisfactory to Grantee, and will pay the cost of filing the same in all public offices at any time and from time to time wherever Grantee reasonably deems filing or recording of any financing statements including renewals or confirmations thereof or of this instrument to be desirable or necessary. 5.16 Revolving Credit. This Security Instrument is given to secure the payment of loans made on the date hereof and future advances under a revolving credit facility provided for in the Credit Agreement. This Security Instrument secures not only present indebtedness but also future advances, whether such future advances are obligatory or are to be made at the option of the Lenders, or otherwise, and the lien securing such future advances shall relate to the date of this Security Instrument and have the same priority as the lien securing loans made on the date hereof. The amount of indebtedness secured hereby may increase or decrease from time to time, and the rate or rates of interest payable may vary from time to time. 5.17 Waiver of Jury Trial. GRANTEE, ON BEHALF OF ITSELF AND ON BEHALF OF AND AS THE AGENT OF THE LENDERS, ON THE ONE HAND, AND THE GRANTOR, ON THE OTHER HAND, HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THE LENDING GROUP AND THE GRANTOR MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS SECURITY INSTRUMENT (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). GRANTEE, ON BEHALF OF ITSELF AND ON BEHALF OF AND AS THE AGENT OF THE LENDING GROUP, ON THE ONE HAND, AND THE GRANTOR, ON THE OTHER HAND (a) CERTIFY THAT NO REPRESENTATIVE, THE LENDING GROUP OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (b) ACKNOWLEDGE THAT THEY HAVE BEEN INDUCED TO ENTER INTO THIS SECURITY INSTRUMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION. NAI- 1502659666v3 -26-