84005068 - Laserfiche WebLink

Browse

84- 005068 hereafter in force providing for the valuation or appraisal of the Collateral, or any part thereof, prior to any sale or eale$ thereof which may be made pursuant to any provision herein', or pursuant to the decree, judgment or order of any court of competent juri sdiction; nor after any such sale or sales"cla:irn' or ~xercise any right under any statute heretofore or hereaft$r enacted to redeem the Property so sold, or any part the1Ceof" Grantor hereby expressly waives all benefit or advalitage, of al'1Y such law or laws, and covenants not to hinder, delay or impede the execution of every power as though no such law or laws had been made or enacted. Grantor, for itself and all who claim under it, waivers, to the extent "Chat it lawfully may, all right to have the Collateral marshalled upon any sale or foreclosure hereunder, (j) Beneficiary shall have the right from time to time to sue for any sums, whether interest, principal or any other sums re<;'..lll-ed to be pald by or fOJ:: the account of Gr~ntor under the terms of this Deed or the Note, as the same become due under the Note, or any other of Grantor's LIabilities, shall be due and wi'thout preJudIce to the rlght of the Beneficiary thereafter to bring an actIon of foreclosure, or any other action, for a default or defaults by the Gl-antJ''''' e.::isti:"1;' ~\... the t-ime such earl.::.er act:l.on 'ft'as commenced~ 2,5, Remedles of Leases and Rents. If any Default shall occur, then, whether--before--or after InstitutIon of legal pro- ceed.:ngs tc fo~-ec10se the l~en of this Deed 0:: before or after the sale thel"eunder. the Beneficiary shall be entitled, in its d1scretIon, tC' dc all or any of the following: (I) enter and take actual possession of the Premlses, the Rents. the Leases and other Cc~late~al ~e~at~ng thereto or any part thereof personally~ or by ~ts agents or at~orneys~ and exclude the Grantor therefrom; (l.i} \>l,':.~h or w::.."thou"t Drocess of law, enter upon and take and rna1-nta.lr: possess.lon of a.:..... of the documents, books~ records# pape::-s and acccunt:s vi t.he Grantor relat~ng thel':eto; (iii) as at"to:::1ey-~n-fac't. c-r aqent of. ~~e Grantor, or in its own name as Benetic:ary and under the powers here2n Gran~edf hold, operate; manage and ccccro! =he Premlses, the Ren"Cs. the Leases and other 2011ateral relatlrlg thereto and conduct the business; if any, thereof elther persc~ally or by its agentsl contractors or nornlnees. wlth full power to use such measures/ legal or equit- able~ as In its dl5cret~on or In the d~scret~on of its successors or asslgns may be deemed proper or necessary to enforce the pay- ment of the Rents. the ~eases and other Collateral relating thereto (lnc!udlng aCtlons for the recovery of rent actIons in forceable detainer and aC"CIons 111 distress of rent); (iv) cancel or termInate any Lease or sublease for any cause or on any ground which would entitle ~he Grantor ~o cancel the same; (v) elect to disaffIrm any Lease or sublease made subsequent hereto or subordlnated to the lien hereof; (V1) make all necessary or proper repalrs. decorat1ons, renewals, replacements, alteratIons, addltlcns, bet~erments and Improvements to the Prem1ses that, In Its d~scretlOnt may seem approprlate; (VIi) ln$Ure and r@lnsure the Collateral for all "lsks lncidental to the Beneficiary's pos- seSSion, operatJ.on and management thereof; and (viii) recelve all such Rents and pJ::oceeds, and perform such other acts 11'1 con- nect.lon wi L.'1 the management. and operation 01' the Collateral t as the Benef1clary In ltS OlsCret1on may deem proper', the Grant-ol' he.reby grant..lng the Benef:clary full pOwer and authority t..o exer- else each and everyone of the rlghts. p~lv~leges and powers co:)- I 1 -18- L