200011180 - Laserfiche WebLink

Browse

200011180 (c) Borrower shall provide such information and certifications as American Family may reasonably request from time to time to ensure Borrower's compliance with this Section. American Family, its agents and consultants, shall have the right, but shall be under no obligation to: (i) enter upon the Premises at any reasonable time; (ii) take samples; (iii) review Borrower's and, to the extent of Borrower's rights under related Leases, any Tenant's records and documents; (iv) interview Borrower's and, to the extent of Borrower's rights under related Leases, if any, any Tenant's personnel and agents; and /or (v) conduct such activities as American Family, in its sole discretion, reasonably deems appropriate to ensure Borrower's and every Tenant's compliance with the terms of this Section. Borrower shall cooperate fully with American Family, its agents and consultants, in the furtherance of American Family's rights provided by this Section. ARTICLE 5 UNIFORM COMMERCIAL CODE SECTION 5.1 SECURITY AGREEMENT. This Trust Deed shall constitute a security agreement as defined in the Code. Kelly & Cohen Appliances, Inc. grants to American Family a security interest within the meaning of the Code in favor of American Family in the Collateral. SECTION 5.2 FIXTURE FILING. As to those items of Collateral described in this Trust Deed that are, or are to become, fixtures related to the real estate subject to this Trust Deed hereby, it is intended as to those items that THIS TRUST DEED SHALL BE EFFECTIVE AS A FINANCING STATEMENT FILED AS A FIXTURE FILING from the date of its filing in the real estate records of the County of Hall, in the State of Nebraska. The name of the record owner of the Premises is Kelly & Cohen Appliances, Inc. Information concerning the security interest created by this instrument may be obtained from American Family, as secured party, at its address as set forth in page one of this Trust Deed. The address of Kelly & Cohen Appliances, Inc., as debtor, is as set forth in page one of this Trust Deed. This document covers goods which are or are to become fixtures. Kelly & Cohen Appliances, Inc.'s employer identification number is 31- 1036490. SECTION 5.3 REPRESENTATIONS AND AGREEMENTS. Borrower represents and agrees as follows: (a) the Collateral is subject to no Liens, charges, security interests or encumbrances other than the Lien hereof; (b) the Collateral is to be used by Borrower solely for business purposes, being installed upon the Premises for Borrower's own use or as equipment and furnishings leased or furnished by Borrower, as landlord, to any Tenant of the Premises; 33