Common use of BANK’S RIGHTS AS TO COLLATERAL; POWER OF ATTORNEY Clause in Contracts

BANK’S RIGHTS AS TO COLLATERAL; POWER OF ATTORNEY. (a) At any time or times, at the expense of the Member, the Bank may in its discretion, before or after the occurrence of an Event of Default, in its own name or in the name of its nominee or of the Member, do any or all things and take any and all actions that are pertinent to the protection of the Bank’s interest hereunder and, if such actions are subject to the laws of a state, are lawful under the laws of the State of Illinois including, but not limited to the following: (1) Terminate any consent given hereunder; (2) Notify obligors on any Collateral to make payments thereon directly to the Bank; (3) Endorse any Collateral in the Member’s name or that has been endorsed by others to the Member’s name; (4) Enter into any extension, compromise, settlement, release, renewal, exchange, or other agreement relating to or affecting any Collateral; (5) Take any action the Member is required to take or which is otherwise reasonably necessary to (A) sign and record a financing statement or otherwise perfect a security interest in any or all of the Collateral or (B) obtain, preserve, protect, enforce, or collect the Collateral; (6) Take control of any funds or other proceeds generated by the Collateral and use the same to reduce Indebtedness as it becomes due; and (7) Cause the Collateral to be transferred to its name or the name of its nominee. (b) The Member hereby appoints the Bank as its true and lawful attorney, for and on behalf of the Member and in its name, place, and stead, to prepare, execute, and record endorsements and assignments to the Bank of all or any item of Collateral, giving or granting to the Bank, as such attorney, full power and authority to do or perform every lawful act necessary or proper in connection therewith as fully as the Member might or could do. The Member hereby ratifies and confirms all that the Bank shall lawfully do or cause to be done by virtue of this special power of attorney. This special power of attorney is granted for a period commencing on the date of the incurrence of any Indebtedness hereunder and continuing until the discharge of all Indebtedness and all obligations of the Member hereunder regardless of any default by the Member, is coupled with an interest, and is irrevocable for the period granted.

BANK’S RIGHTS AS TO COLLATERAL; POWER OF ATTORNEY. (a) At any time or timestime, at the expense of the Member, the Bank may in its reasonable discretion, before or after the occurrence and during the continuation of an Event of Default, in its own name or in the name of its nominee or of the Member, do any or all things and take any and all reasonable actions that are pertinent to the protection of the Bank’s interest hereunder and, if such actions are subject to the laws of a state, are lawful under the laws of the State of Illinois including, but not limited to the following: (1) Terminate any consent given hereunder; (2) Notify obligors on any Collateral to make payments thereon directly to the Bank or the Bank’s nominee or servicer; (3) Endorse any Collateral in on behalf of the Member’s name or that has been endorsed by others to the Member’s name; (4) Enter into any extension, compromise, settlement, release, renewal, exchange, or other agreement relating to or affecting any Collateral; (5) Take any action the Member is required to take or which is otherwise reasonably necessary to (A) sign and record file a financing statement or otherwise perfect a security interest in any or all of the Collateral or (B) obtain, preserve, protect, enforce, or collect the Collateral; (6) Take control of any funds or other proceeds generated by the Collateral and use the same to reduce Indebtedness as it becomes duedue (or hold the same as Additional Collateral); and (7) Cause the Collateral to be transferred to its name or the name of its nominee. (b) The In connection with entering into this Agreement, the Member hereby appoints has executed a power of attorney substantially in the form of Exhibit A hereto. In exercising its rights under the power of attorney, the Bank as its true is limited by the provisions of Section 3.07(a) and lawful attorney, for and on behalf may only take reasonable actions that are pertinent to the protection of the Member and in its nameBank’s interest under this Agreement. Further, place, and stead, to prepare, execute, and record endorsements and assignments to the Bank of all or any item of Collateral, giving or granting to the Bank, as such attorney, full power and authority to do or perform every lawful act necessary or proper in connection therewith as fully as the Member might or could do. The Member hereby ratifies and confirms all that the Bank shall lawfully do or cause to be done by virtue of this special power of attorney. This special only exercise its rights under such power of attorney is granted for a period commencing on if it believes in good faith that the date prospect of the incurrence payment or performance of any Indebtedness hereunder and continuing until the discharge of all Indebtedness and all obligations of or any performance under this Agreement by the Member hereunder regardless is materially impaired or an Event of any default by the Member, is coupled with an interest, Default under this Agreement shall have occurred and is irrevocable for the period grantedshall be continuing.

BANK’S RIGHTS AS TO COLLATERAL; POWER OF ATTORNEY. (a) At any time or times, at the expense of the Member, the Bank may in may, at its discretion, before or after the occurrence of an Event of DefaultDefault as defined in Section 4.01 hereof, in its own name or in the name of its nominee or of the Member, do any or all things and take any and all actions that are pertinent to the protection of the Bank’s interest 's interests hereunder and, if such actions are subject to the laws of a state, and which are lawful under the laws of the State of Illinois includingIndiana, but not limited to or the laws of any jurisdiction under which the Bank may be exercising its rights hereunder, including the following: (1a) Terminate any consent given hereunder;: (2b) Notify With advance notice to Member (or its legal successor), notify obligors on any Collateral to make payments thereon directly to the Bank; (3c) Endorse any Collateral in the Member’s name or that has been endorsed by others to the Member’s 's name; (4d) Enter into any extension, compromise, settlement, release, renewal, exchange, or other agreement relating to or affecting any Collateral; (5e) Take any action the Member is required to take or which is otherwise reasonably necessary to to: (Ai) sign and record a financing statement or otherwise perfect a security interest in any or all of the Collateral Collateral; or (Bii) obtain, preserve, protect, enforce, enforce or collect the Collateral; (6f) Take control of any funds or other proceeds generated by the Collateral and use the same to reduce Indebtedness as it becomes due; and (7g) Cause the Collateral to be transferred to its name or the name of its nominee. (b) . The Member hereby appoints the Bank as its true and lawful attorney, with full power of substitution, for and on behalf of the Member and in its name, place, place and stead, to prepare, execute, execute and record endorsements and assignments to the Bank of all or any item of Collateral, giving or granting to the Bank, as such attorney, full power and authority to do or perform every lawful act necessary or proper in connection therewith as fully as the Member might or could do. The Member hereby ratifies and confirms all that the Bank shall lawfully do or cause to be done by virtue of this special power of attorney. This special power of attorney is granted for a period commencing on the date of the incurrence of any Indebtedness hereunder hereof and continuing until the discharge of all Indebtedness and all obligations of the Member hereunder regardless of any default by the Member, is coupled with an interest, interest and is irrevocable for the period granted.

BANK’S RIGHTS AS TO COLLATERAL; POWER OF ATTORNEY. (a) At any time or timestime, at the expense of the Member, the Bank may in its reasonable discretion, before or after the occurrence and during the continuation of an Event of Default, in its own name or in the name of its nominee or of the Member, do any or all things and take any and all reasonable actions that are pertinent to the protection of the Bank’s interest hereunder and, if such actions are subject to the laws of a state, are lawful under the laws of the State of Illinois including, but not limited to the following: (1) Terminate any consent given hereunder; (2) Notify obligors on any Collateral to make payments thereon directly to the Bank or the Bank’s nominee or servicer; (3) Endorse any Collateral in on behalf of the Member’s name or that has been endorsed by others to the Member’s name; (4) Enter into any extension, compromise, settlement, release, renewal, exchange, or other agreement relating to or affecting any Collateral; (5) Take any action the Member is required to take or which is otherwise reasonably necessary to (A) sign and record file a financing statement or otherwise perfect a security interest in any or all of the Collateral or (B) obtain, preserve, protect, enforce, or collect the Collateral; (6) Take control of any funds or other proceeds generated by the Collateral and use the same to reduce Indebtedness as it becomes duedue (or hold the same as Additional Collateral); and (7) Cause the Collateral to be transferred to its name or the name of its nominee. (b) The In connection with entering into this Agreement, the Member hereby appoints has executed a power of attorney substantially in the form of Exhibit A hereto. In exercising its rights under the power of attorney, the Bank as its true is limited by the provisions of Section 3.07(a) and lawful attorney, for and on behalf may only take reasonable actions that are pertinent to the protection of the Member and in its nameBank’s interest under this Agreement. Further, place, and stead, to prepare, execute, and record endorsements and assignments to the Bank of all or any item of Collateral, giving or granting to the Bank, as such attorney, full power and authority to do or perform every lawful act necessary or proper in connection therewith as fully as the Member might or could do. The Member hereby ratifies and confirms all that the Bank shall lawfully do or cause to be done by virtue of this special power of attorney. This special only exercise its rights under such power of attorney is granted for a period commencing on if (i) it believes in good faith that the date prospect of the incurrence payment or performance of any Indebtedness hereunder and continuing until the discharge of all Indebtedness and all obligations of or any performance under this Agreement by the Member hereunder regardless is materially impaired (and Bank shall provide five (5) business days prior notice to Member if it is exercising its rights under this Section 3.07(b)(i)); or (ii) an Event of any default by the Member, is coupled with an interest, Default under this Agreement shall have occurred and is irrevocable for the period grantedshall be continuing.

BANK’S RIGHTS AS TO COLLATERAL; POWER OF ATTORNEY. (a) At any time or timestime, at the expense of the related Trust or Member, as pledgor of the related Collateral, the Bank may in its reasonable discretion, before or after the occurrence and during the continuance of an Event of Default, in its own name or in the name of its nominee or of the Memberrelated Trust, do any or all things and take any and all reasonable actions that are pertinent to the protection of the Bank’s 's interest hereunder and, if such actions are subject to the laws of a state, are lawful under the laws of the State of Illinois including, but not limited to the following: (1) Terminate any consent given hereunderhereunder except for those consents agreed to in writing as an amendment to this Supplement and executed by both parties; (2) Notify obligors on any Collateral to make payments thereon directly to the Bank; (3) Endorse any Trust Collateral in the Memberrelated Trust’s name or that has been endorsed by others to the Membereither Trust’s name; (4) Enter into any extension, compromise, settlement, release, renewal, exchange, or other agreement relating to or affecting any Collateral; (5) Take any action the Member a Trust is required to take or which is otherwise reasonably necessary to (A) sign and record file a financing statement or otherwise perfect a security interest in any or all of the Trust Collateral or (B) obtain, preserve, protect, enforce, or collect the Trust Collateral; (6) Take control of any funds or other proceeds generated by the Collateral and use the same to reduce Indebtedness as it becomes due; and (7) Cause the Collateral to be transferred to its name or the name of its nominee. (b) The Member hereby appoints the Bank as its true and lawful attorneyIn connection with entering into this Supplement, for and on behalf of the Member and in its name, place, and stead, to prepare, execute, and record endorsements and assignments to the Bank of all or any item of Collateral, giving or granting to the Bank, as such attorney, full power and authority to do or perform every lawful act necessary or proper in connection therewith as fully as the Member might or could do. The Member hereby ratifies and confirms all that the Bank shall lawfully do or cause to be done by virtue of this special power of attorney. This special each Trust has executed a power of attorney is granted for a period commencing on in the date form of Exhibit A to the Agreement. (c) Each of the incurrence Trusts, and Member hereby waive and agree not to assert (i) any and all right to presentment, protest, demand for payment, notice of default, dishonor or nonpayment and all other notices to or upon either Trust, or Member, as the case may be, including without limitation, notice to as to the making of any Indebtedness Advance or other extension of credit to Member, or the exercise of any right by the Bank hereunder or under the Agreement; (ii) any and all right to require the Bank to proceed against either Trust, or Member or any other collateral pledged by either Trust, or Member before enforcing its rights against Collateral pledged hereunder and continuing until any other defense based upon an election of remedies; and (iii) all suretyship defenses and defenses in the discharge of all Indebtedness and all obligations of the Member hereunder regardless of any default by the Member, is coupled with an interest, and is irrevocable for the period grantednature thereof.

BANK’S RIGHTS AS TO COLLATERAL; POWER OF ATTORNEY. (a) At any time or times, at the expense of the Member, the Bank may in its discretion, before or after the occurrence of an Event of Default, in its own name or in the name of its nominee or of the Member, do any or all things and take any and all actions that are pertinent to the protection of the Bank’s interest hereunder and, if such actions are subject to the laws of a state, are lawful under the laws of the State of Illinois including, but not limited to the following: (1) Terminate any consent given hereunder; (2) Notify obligors on any Collateral to make payments thereon directly to the Bank; (3) Endorse any Collateral in the Member’s name or that has been endorsed by others to the Member’s name; (4) Enter into any extension, compromise, settlement, release, renewal, exchange, or other agreement relating to or affecting any Collateral; (5) Take any action the Member is required to take or which is otherwise reasonably necessary to (A) sign and record a financing statement or otherwise perfect a security interest in any or all of the Collateral or (B) obtain, preserve, protect, enforce, or collect the Collateral; (6) Take control of any funds or other proceeds generated by the Collateral and use the same to reduce Indebtedness as it becomes due; and (7) Cause the Collateral to be transferred to its name or the name of its nominee; provided; however, that the Bank agrees that it shall not take any of the actions described in clauses (2), (4), (6), or (7) above prior to the occurrence of an Event of Default or an event which, with the passage of time or the giving of notice, or both, would become an Event of Default. The Bank shall attempt to give the Member prior notice of its intent to take any of the actions specified in this Section 3.07(a), but the Bank’s right to take such actions shall not be limited by the failure to give such notice. (b) The Member hereby appoints the Bank as its true and lawful attorney, for and on behalf of the Member and in its name, place, and stead, to prepare, execute, and record endorsements and assignments to the Bank of all or any item of Collateral, giving or granting to the Bank, as such attorney, full power and authority to do or perform every lawful act necessary or proper in connection therewith as fully as the Member might or could do. The Member hereby ratifies and confirms all that the Bank shall lawfully do or cause to be done by virtue of this special power of attorney. This special power of attorney is granted for a period commencing on the date of the incurrence of any Indebtedness hereunder and continuing until the discharge of all Indebtedness and all obligations of the Member hereunder regardless of any default by the Member, is coupled with an interest, and is irrevocable for the period granted.