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86101845
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Last modified
10/18/2011 9:24:00 AM
Creation date
3/31/2008 2:17:47 PM
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DEEDS
Inst Number
86101845
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101845 <br />therefrom. The .Agent may require the Mortgagor to assemble <br />such personal property and make it available to the Agent at <br />a place to be designated by the Agent which is reasonably <br />convenient to all parties. Unless such personal property is <br />perishable or threatens to decline speedily in value or is <br />of a type customarily sold on a recognized market, the Agent <br />will give the Mortgagor reasonable notice of the time and <br />place of any public sale or of the time after which any <br />private sale or other disposition of such personal property <br />in to be made. This requirement of sending reasonable <br />notice will be met if the notice is mailed by first - class <br />mail, postage prepaid, to the Mortgagor at the address shown <br />below the signatures at the end of this instrument at least <br />eight (8) days before the time of the sale or disposition. <br />2.6. Rights of thee A Agent with Respect to Fixtures <br />Constituting a Part o thfe Collateral. Upon the occurrence <br />o a Default ancl it such Default shall be continuing, the <br />Agent may elect to treat the fixtures constituting a part of <br />the Collateral as either real property collateral or <br />personal property collateral and then the Trustees or the <br />Agent, as the case may be, may proceed to exercise such <br />rights as apply to such type of collateral. <br />2.7. Judicial Proceedings. Upon occurrence of a <br />Default and FF such Default shall be continuing, the <br />Trustees, in lieu of or in addition to exercising any power <br />of sale hereinabove given, may proceed by a suit or suits in <br />equity or at law, whether for a foreclosure hereunder, or <br />for the sale of the Collateral, or for the specific <br />performance of any covenant or agreement herein contained or <br />in aid of the execution of any power herein granted, or for <br />the appointment of a receiver pending any foreclosure <br />hereunder or the sale of the Collateral, or for the <br />enforcement of any other appropriate legal or equitable <br />remedy. <br />2.8. Possession of the Collateral. It shall not be <br />necessary for the Trustees or the Agent to have physically <br />present or constructively in their possession at any sale <br />held by the Trustees, the Agent or by any court, receiver or <br />public officer any or all of the Collateral; and the <br />Mortgagor shall deliver to the purchasers at such sale on <br />the date of sale the Collateral purchased by such purchasers <br />at such sale, and if it should be impossible or <br />impracticable for any of such purchasers to make actual <br />delivery of the Collateral, then the title and right of <br />possession to the Collateral shall pass to such purchaser at <br />such sale as completely as if the same had been actually <br />present and delivered. <br />-25- <br />U <br />
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