200402042 - Laserfiche WebLink

Browse

200402042 19. INTEREST. In the event Lender expends funds on behalf of Borrower in exercising any of Lender's rights or remedies under this Assignment, such sums, including attorneys' fees, shall be secured by this Assignment and the other Loan Documents, and any such sums shall bear interest at TWELVE AND ONE FOURTH percent (12.25 %) per annum until reimbursed by Borrower to Lender. 20. OTHER SECURITY. Lender may take or release other security for the payment of the indebtedness secured by this Assignment, and Lender may release any party primarily or secondarily liable for the payment of any such indebtedness and may apply any other security held by Lender to the satisfaction of such indebtedness without prejudice to any of Lender's rights under this Assignment. 21. DEFINITION. The terms "lessor" and "lessors" as used in this Assignment shall include all landlords, licensors and other parties in a similar position with respect to the Leases. The term "lessee" and "lessees" shall include any tenants and licensees and any other parties in a similar position, and shall also include any guarantors or other obligors of the Leases. 22. ESTOPPEL CERTIFICATE. Within thirty (30) days after request by Lender, Borrower shall deliver, in recordable form, to Lender and to any party designated by Lender, estoppel certificates executed by Borrower (estoppel certificate form to be provided to Borrower by Lender). Borrower shall obtain execution by each of the lessees of such a certificate. Borrower's or any lessee's failure to deliver any such certificate in time shall be conclusive upon Borrower that: (i) this Assignment and such lessee's Lease are in full force and effect, without modification, (ii) there are no uncured defaults in Borrower's performance under this Assignment or in Borrower's and such lessee's performance under such lessee's Lease, (iii) neither Borrower nor such lessee have any right of offset, counterclaim or deduction under this Assignment or such lessee's Lease, and (iv) no more than one (1) month's rent has been paid in advance under such lessee's Lease. 23. PLURAL BORROWER'S, OTHER OBLIGORS. All persons and entities identified by the designation "Borrower ", including without limitation, all general partners or joint venturers (if any) of Borrower, are jointly and individually bound to perform each and every obligation of Borrower under this Assignment and are jointly and individually liable to Lender for such performance. 24. INCORPORATION. Exhibit A and Exhibit B, as attached to this Assignment, are incorporated into and made a part of this Agreement. [see next page for signatures] 8