200608869 - Laserfiche WebLink

Browse

200608869 such expenses, costs and commissions. All of the costs and expenses described in this Section 4.09, and such expenses and fees as may be incurred in the protection of the Trust Property and the maintenance of the Lien of this Deed of Trust and the Trustee's and Beneficiary's security interest in the Trust Property, including the fees of any attorney employed by the Beneficiary or the Trustee in any litigation or proceeding, including appellate proceedings, affecting this Deed of Trust or the Trust Property (including, without limitation, the occupancy thereof or any construction work performed thereon), including probate and bankruptcy proceedings, or in preparation for the commencement or defense of any proceeding or threatened suit or proceeding whether or not an action is actually commenced, shall be immediately due and payable by the Trustor, with interest thereon at the rate of interest set forth in Section 2.9(c) of the Credit Agreement and shall be part of the Obligations secured by this Deed of Trust. 4.10 Indemnity. The Trustor agrees to indemnify each of the Trustee, the Beneficiary and each Secured Party, and in their capacity as such, their officers, directors, shareholders, controlling persons, employees, agents and servants in accordance with and in the manner contemplated by Section 9.2 of the Credit Agreement (referred to in this Deed of Trust individually as an "Indemnitee ", and collectively as "Indemnitees "). 4.11 Indemnity Obligations Secured by Trust Pro ert • Survival. Any amounts paid by any Indemnitee as to which such Indemnitee has the right to reimbursement shall constitute Obligations secured by the Trust Property. The indemnity obligations of the Trustor contained in this Article N shall continue in full force and effect notwithstanding the occurrence of the Deed of Trust Termination Date. ARTICLE V ADDITIONAL COLLATERAL 5.01 Additional Collateral. (a) The Trustor acknowledges and agrees that the Obligations are secured by the Trust Property and various other Collateral (which term, for purposes of this Section 5.01, includes Collateral under the Security Documents) including, without limitation, at the time of execution of this Deed of Trust certain personal property of the Trustor and other parties described in the Financing Documents. The Trustor specifically acknowledges and agrees that the Trust Property, in and of itself, if foreclosed or realized upon would not be sufficient to satisfy the outstanding amount of the Obligations. Accordingly, the Trustor acknowledges that it is in the Trustor's contemplation that the other Collateral pledged to secure the Obligations may be pursued by the Beneficiary in separate proceedings in the various States, counties and other countries where such Collateral may be located and additionally that the Trustor and other parties liable for payment of the Obligations will remain liable for any defi- ciency judgments in addition to any amounts the Beneficiary may realize on sales of other property or any other Collateral given as security for the Obligations. Specifically, and without limitation of the foregoing, it is agreed that it is the intent of the parties hereto that in the event of a foreclosure of this Deed of Trust, the Indebtedness evidencing the Obligations shall not be deemed merged into any judgment of foreclosure, but rather shall remain outstanding. It is the further intent and understanding of the parties that the Beneficiary, following an Event of Default, may pursue all of its Collateral with the Obligations remaining outstanding and in full force and effect notwithstanding any judgment of foreclosure or any other judgment which the Beneficiary may obtain. 16