Common use of Foreclosure of Security Interest Clause in Contracts

Foreclosure of Security Interest. In addition to all other remedies described or referenced in this Mortgage, the Mortgagee, at its sole subjective discretion, may have all or any part of the Collateral combined with the Real Property covered hereby and sold together with such Real Property as an entirety at any foreclosure sale, or the Mortgagee, at its option, may proceed solely or separately against the Collateral or any part thereof and have the same sold separately as provided by the Uniform Commercial Code of the State of New Mexico, either in one parcel or in such parcels, manner or order as the Mortgagee, in its sole subjective discretion, may elect; the Mortgagee shall have the right to take immediate and exclusive possession of the Collateral or any part thereof and for that purpose may, with or without judicial process, enter upon any premises on which the Collateral or any part thereof may be situated and remove the same therefrom; the Mortgagee shall be entitled to hold, maintain, preserve and prepare the Collateral for sale until disposed of, or may propose to retain the Collateral subject to Mortgagor’s right of redemption in partial or total satisfaction of the Mortgagor’s obligations as provided in the Uniform Commercial Code of the State of New Mexico; Mortgagee without removal may render the Collateral unusable and dispose of the Collateral on the Mortgagor’s premises; Mortgagee may require the Mortgagor to assemble the Collateral and make it available to Mortgagee for its possession at a place to be designated by Mortgagee which is reasonably convenient to both parties; unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, the Mortgagee shall give the Mortgagor at least ten (10) days’ notice of the time and place of any public sale of any Collateral or of the time after which any private sale or other intended disposition thereof is to be made, by United States registered or certified mail, postage prepaid, addressed to the Mortgagor at the address provided in this Mortgage, which provisions for notice the Mortgagor and Mortgagee agree are reasonable; Mortgagee may buy all or part of the Collateral at any public sale, and if the Collateral is of a type which is subject to widely distributed standard price quotations, Mortgagee may buy at private sale; and further, the Mortgagee shall have all of the rights and remedies of a Secured Party under the Uniform Commercial Code of the State of New Mexico. The Mortgagee shall be entitled to exercise any and all other rights and remedies available by applicable laws and judicial decisions.

Appears in 8 contracts

Samples: Mortgage, Security Agreement and Financing Statement (Amrep Corp.), Line of Credit Mortgage (Amrep Corp.), Mortgage, Security Agreement and Financing Statement (Amrep Corp.)

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Foreclosure of Security Interest. In addition to all other remedies described or referenced in this Mortgage, the Mortgagee, at its sole subjective discretion, may have all or any part of the Collateral personal property combined with the Real Property Premises covered hereby and sold together with such Real Property Premises as an entirety at any foreclosure sale, or the Mortgagee, at its option, may proceed solely or separately against the Collateral personal property or any part thereof and have the same sold separately as provided by the Uniform Commercial Code of the State of New MexicoOklahoma, either in one parcel or in such parcels, manner or order as the Mortgagee, in its sole subjective discretion, discretion may elect; the Mortgagee shall have the right to take immediate and exclusive possession of the Collateral personal property or any part thereof and for that purpose may, with or without judicial process, enter upon any premises on which the Collateral personal property or any part thereof may be situated and remove the same therefrom; the Mortgagee shall be entitled to hold, maintain, preserve and prepare the Collateral personal property for sale until disposed of, or may propose to retain the Collateral personal property subject to the Mortgagor’s right of redemption in partial or total satisfaction of the Mortgagor’s obligations as provided in the Uniform Commercial Code of the State of New MexicoOklahoma; the Mortgagee without removal may render the Collateral personal property unusable and dispose of the Collateral personal property on the Mortgagor’s premises; the Mortgagee may require the Mortgagor to assemble the Collateral personal property and make it available to the Mortgagee for its possession at a place to be designated by the Mortgagee which is reasonably convenient to both parties; unless the Collateral personal property is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, the Mortgagee shall give the Mortgagor at least ten (10) days’ days notice of the time and place of any public sale of or any Collateral personal property or of the time after which any private sale or other intended disposition dispositions thereof is to be made, by United States registered or certified mail, postage prepaid, addressed to the Mortgagor at the address provided in this Mortgage, which provisions for notice the Mortgagor and the Mortgagee agree are reasonable; the Mortgagee may buy all or part of the Collateral personal property at any public sale, and if the Collateral personal property is of a type which is subject to widely distributed standard price quotations, . The Mortgagee may buy at private sale; and further, the Mortgagee shall have all of the rights and remedies of a Secured Party under the Uniform Commercial Code of the State of New MexicoOklahoma. The Mortgagee shall be entitled to exercise any and all other rights and remedies available by applicable laws and judicial decisions.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Financing Statement (Xeta Technologies Inc)

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