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06-08-2022 Council Packet
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06-08-2022 Council Packet
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<br />19 <br /> <br />(b) Unless the Personal Property is perishable or threatens to decline speedily in <br />value or is of a type customarily sold on a recognized market, the Beneficiary shall give the Grantor at <br />least five (5) days’ prior written notice of the time and place of any public sale of the Personal Property or <br />other intended disposition thereof to be made, which notice the Grantor agrees is reasonable. Such notice <br />may be mailed to the Grantor at its address set forth in the opening paragraph of this Mortgage. <br />(c) Subject to the terms of the Funding Loan Agreement, the proceeds of any sale <br />under Section 4.04(a)(vi) shall be applied as follows: <br />(i) to the repayment of the costs and expenses of taking, holding and <br />preparing for the sale and the selling of the Personal Property (including costs of litigation and reasonable <br />attorneys’ fees) and the discharge of all Impositions, Liens and Encumbrances, and claims thereof, if any, <br />on the Personal Property prior to the security interest granted herein (except any Impositions or Liens and <br />Encumbrances subject to which such sale shall have been made); <br />(ii) the payment of the Secured Obligations, including interest, in such order <br />as the Controlling Person shall determine; <br />(iii) to be held as collateral for any obligation of the Grantor to the <br />Beneficiary under the Funding Loan Documents; and <br />(iv) the surplus, if any, shall be paid to the Grantor or to whosoever may be <br />lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. <br />(d) The Beneficiary, acting upon the written direction of the Controlling Person, <br />shall have the right to enforce one or more remedies under this Section 4.04 successively or concurrently <br />and such action shall not operate to stop or prevent the Beneficiary from pursuing any further remedy that <br />it may have. Any repossession or retaking or sale of the Personal Property pursuant to the provisions <br />hereof shall not operate to release the Grantor until full payment of any deficiency has been made in cash. <br />Section 4.05. Security Agreement. This Mortgage constitutes and shall be deemed to be a <br />“security agreement” for all purposes of the UCC; and the Beneficiary shall be entitled to all the rights <br />and remedies of a “secured party” under the UCC as to any Personal Property. Information concerning <br />the security interest in Personal Property can be obtained from the Beneficiary at its address set forth in <br />the opening paragraph of this Mortgage. The mailing address of the Grantor (debtor) is also set forth in <br />the opening paragraph of this Mortgage. <br />Section 4.06. Fixture Filing. Some of the Personal Property is or is to become fixtures on the <br />Premises and this instrument is to be recorded in the real estate records. This Mortgage is effective as a <br />financing statement filed as a fixture filing, executed by the Grantor, as debtor, in favor of the <br />Beneficiary, as secured party, with respect to all fixtures included in the Property and the Personal <br />Property. Products of the collateral are also covered. Information concerning the security interest in <br />fixtures can be obtained from the Beneficiary at its address set forth in the opening paragraph of this <br />Mortgage. The mailing address of the Grantor (debtor) is also set forth in the opening paragraph of this <br />Mortgage. The Grantor’s organizational identification number is 1280138100026. <br />Section 4.07. Financing Statements. The Grantor hereby authorizes the Beneficiary and the <br />Controlling Person to file any financing statements, as well as extensions, renewals and amendments <br />thereof, and any reproductions of this Mortgage in such form as the Beneficiary may require to perfect a <br />security interest with respect to such items. The Grantor shall pay all costs of filing such financing <br />statements and any extensions, renewals, amendments and releases thereof, and shall pay all reasonable
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