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88100020
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1988
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88100020
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Last modified
3/9/2007 5:40:56 PM
Creation date
3/9/2007 4:28:31 AM
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DEEDS
Inst Number
88100020
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<br />88- 100020 <br /> <br />r <br /> <br />time, shall cause this Deed of Trust, any security instrument <br />creating or evidencing the Lien hereof in the Personal Property, <br />and each instrument of further assurance, including Uniform <br />Commercial Code financing statements and continuation statements, <br />to be filed, registered or recorded ill such manner and in such <br />places as may be required by any present or future law in order to <br />publish notice of and fully to perfect, preserve and protect the <br />Lien hereof upon the Personal Property. In the event Mortgagor <br />fails to execute such instruments of further assurance within ten <br />(10) days after request for execution of the same by Beneficiary, <br />then and in such event Mortgagor hereby appoints and authorizes <br />Beneficiary to act on behalf of Mortgagor upon Mortgagor's failure <br />to comply with the provisions of this Section 2.2.2. <br /> <br />2.2.3 Upon the occurrence and continuance of any <br />Event of Default, in addition to the remedies set forth in <br />Article III, Beneficiary, shall have the power to foreclose <br />Mortgagor's right of redemption in the Personal Property by sale <br />of the Personal Property in accordance with the Uniform Commercial <br />Code as enacted in the state where the Premises are located. It <br />shall not be necessary that any Personal Property offered be <br />physically present at any such sale or constructively in the <br />possession of Beneficiary or the person conducting the sale. <br /> <br />2.2.4 Beneficiary may sell the Personal Property <br />or any part thereof at public or private sale with notice to <br />Mortgagor as hereinafter provided. The proceeds of any such sale, <br />after deducting all expenses of Beneficiary in taking, storing, <br />repairing and selling the Personal Property (including, without <br />limitation, reasonable attorneys' fees and the allocated costs of <br />staff counsel) shall be applied in the manner set forth in Section <br />3.2(c). At any sale, public or private, of the Personal Property <br />or any part thereof, Beneficiary may purchase any or all of the <br />Personal Property offered at such sale. <br /> <br />2.2.5 Beneficiary shall give Mortgagor reasonable <br />notice of any sale of any of the Personal Property pursuant to the <br />provisions of Section 2.2.4 and provisions of the Uniform Commer- <br />cial Code as enacted in the state where the Premises are located. <br />Notwi thstanding the provisions of Section 5.2, any such notice <br />shall conclusively be deemed to be reasonable and effective if <br />such notice is mailed at least ten (10) days prior to any sale, by <br />first class or certified mail, postage prepaid, to Mortgagor at <br />its address above set forth, or to such other address as Mortgagor <br />may hereafter designate in writing to Beneficiary. <br /> <br />ARTICLE I II <br /> <br />EVENTS OF DEFAULT AND REMEDIES <br /> <br />SECTION 3.1 Events of Default. Each of the following <br />shall constitute an event of default ("Event of Default"): <br /> <br />-19-- <br /> <br />L <br /> <br />L <br /> <br />L <br /> <br />..-l <br /> <br />i <br />l:~~i <br />;! <br />.~..~ <br />~'i~~ <br />III <br />1 <br />:tj <br />,,[1 <br />'r; <br /> <br />':'::.~ <br /> <br />r-- <br /> <br />/ <br />l <br /> <br />
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