|
201007999
<br />in-fact of Mortgagor to make such sale and conveyance, and thereby to divest Mortga�or
<br />of all right, title and interest, eyuity and equity of redemption that Mortgagor may have in
<br />and to the Georgia Secured Property and to vest the same in the pwchaser or purchasers
<br />at such sale or sales, and all the acts and doings of said agent and attorney-in-fact are
<br />hereby ratified and confirmed and any recitals in said conveyance or conveyances as to
<br />facts essential to a va�id sale shall be binding upon Mortgagor. The aforesaid power af
<br />sale and agency hereby granted are coupled with an interest and are irrevocable by death
<br />or otherwise, are granted as cumulative of the other remedies provided hereby or by law
<br />for coTlection of the Indebtedness s�cured hereby and shall not be exhausted by one
<br />exercise thereof but may be exercised until full payment af all Indebtedness secured
<br />hereby. Administrative Agent may adjourn from time to time any sale by it to be made
<br />under or by virtue of this Security Deed by announcement at the time and place appointed
<br />for such sale ar for such adjourned sale ar sales; and, except as otherwise pravided by
<br />any applicable provision af law, Administrative Agent, withnut further notice ar
<br />publication, may malce such sale at the time and place to which the same shall be so
<br />adjourned.
<br />(d) Upon the occurrence of a default, Administrative Agent may exercise its rights of
<br />enforcement with respect to the Collateral und�r the Texas Business and Commerce Cade, as
<br />amended, under the UCC of Arkansas, California, Colarado, Georgia, Idaho, Illinois,
<br />Indiana, Kansas, Michigan, Missauari, Montana, Nebrsska, Nevada, New Jexsey, New
<br />Mexico, Ohio, Oklahoma, Pennsylvania, Tennessee, Utah, Virginia and Washington, as
<br />amended, or under the UCC or aray other statute in force in any state to the extent th� same is any
<br />applicable Requirement of Law. Cumulative of the foregoing and the other provisions of this
<br />Section 4.3:
<br />(i) To the exter►t pe�nmitted by any Requirement of Law, Admin.istrative
<br />Agent may ent�r upon the Mortgaged Properties or otherrvise upon Mortgagoar's premises
<br />to take possession of, assemble and collect the Collateral or to render it unusable; and
<br />(ii) Administrative Agent may require Mortgagor to assemble the Collateral
<br />and ma.ke it available at a place Adnninist�atxve Agent designates which is mutually
<br />convenient to allow Administrative Agent to take passession or dispose of the Collateral;
<br />and
<br />(iii) written notice mailed to Mortgagor as provided herein at least ten (10)
<br />days (except with respect to Collateral located in the State of Wisconsin, then ten (10)
<br />days) prior to the date of public sale o� the Collateral or priar to the date after which
<br />private sale of Che Collateral will be made shall constitute reasonable notice; and
<br />(iv) in the event of a foreclosure of the Liens, privileges, and/or security
<br />interests evidenced hereby, the Collateral, or any part thereof, and the Mortgaged
<br />Properties, ar any part thereaf, may, at the option of Administrative Agent, be sald, as a
<br />whole or in parts, together ar separately (including, without limitation, where a portian of
<br />the Mortgaged Properties is sold, the Collateral related thereto may be sald in connection
<br />therewith); and
<br />37
<br />
|