200604217 - Laserfiche WebLink

Browse

, , 200604217 such of the properties, after having given Company fifteen (15) days' written notice, including the method, manner, time, place, and terms, shall be conclusively deemed to be commercially reasonable and such disposition shall be deemed to be commercially reasonable and Company hereby waives any and all further notice of the time and place at or after which any such sale or other disposition is to be made and agrees that Purchaser may purchase all or any portion of said properties by means of a private sale to itself. Company acknowledges, covenants, and agrees that Purchaser enforcing its rights and remedies shall not be considered as the discharge or satisfaction of Company's obligations in accordance with the Note. Company agrees that, notwithstanding any attempts by Purchaser to sell or otherwise dispose of all or any portion of said properties, Purchaser will not have waived and may, at its option, avail itself of the rights granted it pursuant to Section 9-620 of the DCC. Company acknowledges and agrees that unless Purchaser avails itself of the rights granted it pursuant to Section 9-620 of the UCC, the proceeds of any disposition of any of said properties, or a portion thereof, shall be applied pursuant to the provisions of Section 9-615(a) of the DCC and that the reasonable expenses of retaking, holding, preparing for sale, selling, and the like shall be inclusive of but not limited to any and all attorneys' fees and legal expenses incurred by Purchaser. Company hereby consents to and agrees to any and all actions taken or not taken by Purchaser of every and any kind and character whatsoever, growing out of orreferable to Purchaser's possession of the said properties or growing out of or referable to any and all actions taken or not taken by Purchaser in custody and preservation of the said properties. Company hereby expressly acknowledges and agrees that Purchaser shall not be liable for any loss caused by its failure to meet any obligations imposed upon by it by Section 9-207 of the DCC or any other law pertaining to possession of collateral; and the Company hereby expressly covenants, acknowledges, and agrees that any and all actions taken or not taken, at any time, by Purchaser in connection with Purchaser's using, improving, operating, holding, having possession of, or dealing with any and all of said properties, in connection with its attempts to dispose of any or all of the said properties, and in connection with its disposition of any or all of said properties, shall not be considered as an impairment of any collateral given by Company and Company hereby waives any and all rights it may have, or may have in the future, if any, to claim discharge pursuant to Section 3-603 ofthe DCC or any other applicable law, whether common or statutory. Company acknowledges and agrees, in the event that all or any portion of said properties are sold or otherwise disposed of by Purchaser, it shall be liable for any deficiency due 16