200603081 - Laserfiche WebLink

Browse

200603081 Other Security DoCt, ,,~nts. The failure of Lender to insist upon strict performance of any term hereof shall not be l. 'Illed to be a waiver of any term of this Assignment. Borrower shall not be relieved of Borrowe:. ubligations hereunder by reason of (a) the failure of Lender to comply with any request of Borrc:, T or any other party to take any action to enforce any of the provisions hereof or of the Security Ill:., ',llllent, the Note or the Other Security Documents, (b) the release regardless of consideration, of the :Iole or any part of the Property, or (c) any agreement or stipulation by Lender extending the time d payment or otherwise modifying or supplementing the terms of this Assignment, the Not the Security Instrument or the Other Security Documents. Lender may resort for the payment of II Debt to any other security held by or guaranties given to Lender in such order and manner as Lend.," in its discretion, may elect. Lender may take any action to recover the Debt, or any portion there; or to enforce any covenant hereof without prejudice to the right of Lender thereafter to enforce ,rights under this Assignment. The rights of Lender under this Assignment shall be separate, d: . !lct and cumulative and none shall be given effect to the exclusion of the others. No act of Le/i,ler shall be construed as an election to proceed under anyone provision herein to the exclusion of ill. (llher provision. Section 3.5. I' '-iKRUPTCY. (a) have the right to pnl action or proceedin!2 file and prosecute. applications, notice: the Bankruptcy Cock Upon or at any time after the occurrence of an Event of Default, Lender shall '_'d in its own name or in the name of Borrower in respect of any claim, suit, , lating to the rejection of any Lease, including, without limitation, the right to the exclusion of Borrower, any proofs of claim, complaints, motions, [ other documents, in any case in respect of the lessee under such Lease under (b) i r there shall be filed by or against Borrower a petition under the Bankruptcy Code, and Borrower lS lessor under any Lease, shall determine to reject such Lease pursuant to Section 365(a) of tlh ::ll1kruptcy Code, then Borrower shall give Lender not less than ten (10) days' prior notice of the rb,' un which Borrower shall apply to the bankruptcy court for authority to reject the Lease. Lender sid:;! have the right, but not the obligation, to serve upon Borrower within such ten-day period a noli ..,tating that (i) Lender demands that Borrower assume and assign the Lease to Lender pursuant to S ,'lion 365 of the Bankruptcy Code and (ii) Lender covenants to cure or provide adequate assurance future performance under the Lease. If Lender serves upon Borrower the notice described in 'preceding sentence, Borrower shall not seek to reject the Lease and shall comply with the del:, "d provided for in clause (i) of the preceding sentence within thirty (30) days after the notice shall; " ve been given, subject to the performance by Lender of the covenant provided for in clause (ii) of Iii : ) receding sentence. Lf); 9R