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200603080 <br />and all architects' plans and specifications, licenses and permits, documents, books, records, accounts, surveys <br />and property which relate to the management, leasing, operation, occupancy, ownership, insurance, maintenance, or <br />service of or construction upon the Property and Borrower agrees to surrender possession thereof and of the Property to <br />Lender upon demand, and thereupon Lender may (i) use, operate, manage, control, insure, maintain, repair, restore and <br />otherwise deal with all and every part of the I'roperty and conduct the business thereat; (ii) complete any construction on <br />the Property in such manner and form as lender deems advisable; (iii) make alterations, additions, renewals, <br />replacements and improvements to or on the Property; (iv) exercise all rights and powers of Borrower with respect to the <br />Property, whether in the naive of Borrower or otherwise, including without limitation, the right to snake, cancel, enforce <br />or modify Leases, obtain and evict tenants, and demand, sue for, collect and receive all Rents of the Property and every <br />part thereof; (v) either require Borrower (A) to pay monthly in advance to Lender, or any receiver appointed to collect the <br />Rents, the fair and reasonable rental value for the use and occupation of such part of the Property as may be occupied by <br />Borrower, or (B) to vacate and surrender possession of the Property to Lender or to such receiver and, in default thereof, <br />Borrower may be evicted by surnunary proceedings or otherwise; and (vi) apply the receipts from the Property to the <br />payment of the I)ebt, in such order, priority and proportions as Lender shall deem appropriate in its sole discretion after <br />deducting therefrom all expenses (including reasonable attorneys' fees) incurred in connection with the aforesaid <br />operations and all amounts necessary to pay the Taxes, Other Charges, Insurance Premiums and other expenses in <br />connection with the Property, as well as just and reasonable compensation for the services of Lender, its counsel, agents <br />and employees; <br />(i) exercise any and all rights and remedies granted to a secured party upon default under the Uniform <br />Commercial Code, including, without limiting the generality of the foregoing: (i) the right to take possession of the <br />Personal Property or any part thereof, and to take such other measures as Lender may deem necessary for the care, <br />protection and preservation of the Personal Property, and (ii) request Borrower at its expense to assemble the Personal <br />Property and make it available to Lender at a convenient place acceptable to Lender. Any notice of sale, disposition or <br />other intended action by Lender with respect to the Personal Property sent to Borrower in accordance with the provisions <br />hereof at least five (5) days prior to such action, shall constitute commercially reasonable notice to Borrower; <br />(j) apply any sums then deposited in the Escrow Fund and any other sums held in escrow or otherwise <br />by Lender in accordance with the terms of this Security Instrument or any Other Security Document to the payment of the <br />following items in any order in its sole discretion: (i) Taxes and Other Charges; (ii) Insurance Premiums; (iii) interest on <br />the unpaid principal balance of the Note; (iv) amortization of the unpaid principal balance of the Note; and (v) all other <br />sums payahlc pursuant to the Note, this Security .Instrument and the Other Security Documents, including, without <br />limitation, advances made by Lender pursuant to the terms of this Security Instrument; <br />(k) surrender the Policies maintained pursuant to Article 3, collect the unearned Insurance Premiu ns <br />and apply such surns as a credit on the Debt in such priority and proportion as Lender in its discretion shall deem proper, <br />and in connection therewith, Borrower hereby appoints Lender as agent and attorney -in -fact (which is coupled with an <br />interest and is therefore irrevocable) for Borrower to collect such unearned Insurance Premiums; <br />(1) apply the undisbursed balance of any Net Proceeds Deficiency deposit, together with interest <br />thereon, to the payment of the Debt in such order, priority and proportions as Lender shall deem to be appropriate in its <br />discretion, or <br />(m) pursue such other renneciics as Lender may have uncle- applicable state or federal law. <br />In the event ol' a sale, by foreclosure, power of sale, or otherwise, of less than all of the Property, this Security <br />Instrument shall cotltirnie ns a lien and security interest on the remaining portion of the Property unimpaired and without <br />loss of priority. Notwithstanding the provisions of this Section 1 1.1 to the contrary, if any Event of Default shall occur, <br />and the Lender elects to declare, as described in clause (i) or (ii) of Subsection 10.1(f) shall occur, the entire unpaid Debt <br />shall be automatically clue and payable, such remedy may be pursued without any further notice, demand or other action <br />by Lender. <br />Section 11.2. FORECLOSURE. <br />(n) Upon the occurrence of an Event of Default, the entire balance of the Loan, including all accrued <br />interest, shall, at. the option of the Lender, become immediately due and payable. Upon failure to pay the Loan in full at <br />any stated or rnccelerated maturity date, the Lender may direct the Trustee to sell the land and any or all other assets or <br />interests which constitute the Property, pursuant to the power of sale hereby granted or by judicial proceeding. <br />(b) The TI -LIACC is hereby granrcd a er of sale a may sell the Premises (together with the Rents <br />v � <br />c�� ' <br />