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<br /> <br />83- 00342~s <br /> <br />2. Assignee's Ri~ht in. the Collateral. So long as the loan or any <br />part thereof, together with any interest thereon, shall remain unpaid, Assignee <br />shaH have and enjoy all the right, title and interest (but does not hereby <br />assume any of the obligations) under the Collateral, and all of the rights and <br />remedies hereunder, and shall have a security interest in all of the moneys <br />now due or hereafter becoming due under the Collateral above described and <br />the proceeds thereof, together with all right to receive such money or any <br />part thereof. <br /> <br />3. Financing Statements. At the request of Assign~e, Assignor <br />will join with Assignee in executing one or more financing statements pursuant <br />to the Uniform Commercial Code in form satisfactory to Assignee. Without the <br />prior wr'itten consent of Assignee, Assignor will not allow any financing state- <br />ments c()vering the Collateral, or any of the proceeds thereof, to be on fIfe in <br />any public office. <br /> <br />4" General. Assignee shall not be deemed to have waived any of' <br />its rights hereunder or under any other agreement or writing signed by the <br />Assignolr unless such waiver be in writing and signed by Assignee. No delay <br />or omi:s~;ion on the part of the Assignee in exercising any right shall operate <br />as a wailver of such right or any other right. A waiver on one occasion shall <br />not be construed as a bar to or waiver of any right or remedy on any future <br />occasicl>/1. .ell I of Assignee's rights and remedies, whether evidenced hereby or <br />by othelr writings, shall be cumulative and may be exercised singularly or con- <br />currently. Assignor shall pay to Assignee, upon demand, any and all expenses, <br />including le:gal expenses and reasonable attorneys' fees incurred or expended <br />by ASlsignee in the collection or attempted collection of the Collateral and in <br />protecting and enforcing the r'ights of Assignee hereunder. <br /> <br />5, Power of Attor'ney. Assignor does hereby irrevocably appoint <br />Assign~e, its successors or assigns, its true and lawful attorney; <br /> <br />(a) To ask, collect, receive, and sue for the moneys now due or to <br />b,ecome due under the Purchase Agreement above described; <br /> <br />(1::>,) To take all proceedings, legal or otherwise, as Assignor might <br />have taken except for' this assignment; <br /> <br />(c) To take all action necessary to cure any default on the part <br />air the Assignor' under the Purchase Agreement and to add any <br />amounts paid by the Assignee to cure such default to the in- <br />debtedness for which this assignment is given as security; <br /> <br />(d) To execute and deliver or cause to be executed and delivered <br />all instruments which, in the discretion of Assignee, ar'e nec- <br />e:ssary to fully consummate the transactions contemplated by this <br />Agreement, including but not limited to the execution and de- <br />livery of the deed to Ken Harter and Jesse Antle upon full and <br />complete performance by them of all of the terms, conditions and <br />provisions of said Purchase .Agreement; <br /> <br /> <br />~ 2 - <br /> <br /> <br />