Laserfiche WebLink
85-001169 <br />persons, First Party, for the considerations named, does hereby <br />sell, assign and transfer to Second Party all of such sum or sums <br />so due from any such third person or persons, and Second Party is <br />hereby authorized to receive, collect and sue for the same and <br />First Party hereby authorizes and directs that such sum or sums <br />be paid to Second Party upon presentation of a duly certified <br />copy hereof. Any and all sums received by Second Party here- <br />under, after deducting therefrom the reasonable charge or <br />expenses paid or incurred in connection with the collection and <br />disbursement of said monies, may be used and applied at the <br />Option of Second Party as in the case of insurance proceedings <br />under (7)(b) above; <br />(13) This instrument is intended to be a security agreement <br />pursuant to the Uniform Commercial Code for any of the items <br />specified above as part of the Mortgaged Property which, under <br />applicable law, may be subject to a security interest pursuant to <br />the Uniform Commercial Code, and First Party hereby grants Second <br />Party a security interest in said items. First Party agrees that <br />Second Party may file this instrument, or a reproduction thereof, <br />in the real estate records or other appropriate index, as a <br />financing statement for any of the items specified above as part <br />of the Mortgaged Property. Any reproduction of this instrument <br />or of any other security agreement or financing statement shall <br />be sufficient as a financing statement. In addition, First Party <br />agrees to execute and deliver to Second Party, upon Second <br />Party's request, any financing statements, as well as extensions, <br />renewals, and amendments thereof, and reproductions of this in- <br />strument in such form as Second Party may require to perfect a <br />security interest with respect to said items. First Party shall <br />Pay all costs of filing such financing statements and any exten- <br />sions, renewals, amendments and releases thereof, and shall pay <br />all reasonable costs and expenses of any record searches for <br />financing statements Second Party may reasonably require. With- <br />out the prior written consent of Second Party, First Party shall <br />not create or suffer to be created pursuant to the Uniform <br />Commercial Code any other security interest in said items, in- <br />cluding replacements and additions thereto. Upon the occurrence <br />of an Event of Default as hereinafter provided, Second Party <br />shall have the remedies of a secured party under the Uniform <br />Commercial Code and, at Second Party's option, may also invoke <br />the remedies as otherwise provided in this instrument. In exer- <br />cising any of the said remedies, Second Party may proceed against <br />the items of real property and any items of personal property <br />specified above as part of the Mortgaged Property separately or <br />together and in any order whatsoever, without ill any way affect- <br />ing the availability of Second Party's remedies under the Uniform <br />Commercial Code or of the remedies otherwi <br />strument; se provided in this in- <br />(14) Notwithstanding anything herein to the t_•ontrary, so <br />long as any part of the ;dortgagel Property remains in escrow pur- <br />-7- <br />U <br />