200600597 - Laserfiche WebLink

Browse

200600597 security interest created hereby will automatically attach, without further act, to after-acquired property attached to and/or used in connection with the operation of the Premises or any part thereof, to the full extent of Grantor's interest in such property. 3.09 Expenses. Grantor will payor reimburse Beneficiary and Trustee, upon demand therefor, for all reasonable attorneys' fees, costs and expenses incurred by Beneficiary and Trustee in any suit, action, legal proceeding or dispute of any kind in which Beneficiary and Trustee are made a party or appear as a party plaintiff or defendant, affecting the Obligations secured hereby, this Instrument or the interest created herein, or the Premises, including, but not limited to, the exercise of the power of sale contained in this Instrument, any condemnation action involving the Premises or any action to protect the security hereof; and any such amounts paid by Beneficiary and Trustee shall be added to the Obligations secured by the lien of this Instrument. 3.10 Subrogation. Beneficiary shall be subrogated to all right, title, equity liens and claims of all persons, firms or corporations to whom Grantor has paid or pays, or to whom monies are paid, from the proceeds of the Obligations in the settlement of claims, liens or charges or for the benefit of Grantor. 3.11 Limit of Validity. Nothing contained in this Instrument, the Credit Agreement or in any other agreement or instrument evidencing or relating to the Obligations shall be construed to permit Beneficiary to receive at any time interest, fees or other charges in excess of the amounts which Beneficiary is legally entitled to charge and receive under any law to which such interest, fees or charges are subject. In no contingency or event whatsoever shall the compensation payable to Beneficiary by Grantor, howsoever characterized or computed, hereunder or under any other agreement or instrument evidencing or relating to the Obligations, exceed the highest rate permissible under any law to which such compensation is subject. There is no intention that Beneficiary shall contract for, charge or receive compensation in excess of the highest lawful rate, and, in the event it should be determined that any excess has been charged or received then, ipso facto, such rate shall be reduced to the highest lawful rate so that no amounts shall be charged which are in excess thereof. In the event that it should be determined that any excess over such highest lawful rate has been charged or received, Beneficiary shall apply such excess against the Obligations then outstanding and, to the extent of any amounts remaining thereafter, refund such excess to Grantor. 3.12 Conveyance of Premises. Except as and to the extent permitted pursuant to Section 6.8 of the Credit Agreement, Grantor covenants and agrees with Beneficiary that Grantor shall not convey, transfer or assign any or all of its interest in the Premises without the prior written consent of Beneficiary. Further, Grantor covenants and agrees with Beneficiary, that Grantor shall not further encumber or pledge any or all of its interest in the Premises without the prior written consent of Beneficiary. Any consent of Beneficiary to any of the foregoing may be conditioned upon such requirements as Beneficiary may deem necessary or appropriate in its sole discretion. No consent of Beneficiary in one instance shall be deemed to prejudice its right to consent to all other transfers or encumbrances as provided in this Section. 3.13 Revolving Credit. The Revolving Credit Facility is a revolving line of credit facility and, in connection therewith, funds may, from time to time, be advanced by Beneficiary, -11-