Common use of Lender’s Uniform Commercial Code Remedies Clause in Contracts

Lender’s Uniform Commercial Code Remedies. Lender may exercise its rights of enforcement with respect to Fixtures and Personalty under the Code, and in conjunction with, in addition to or in substitution for the rights and remedies under the Code Lender may and Borrower agrees as follows: (i) without demand or notice to Borrower, enter upon the Mortgaged Property to take possession of, assemble, receive, and collect the Personalty, or any part thereof, or to render it unusable; and (ii) Lender may require Borrower to assemble the Personalty and make it available at a place Lender designates which is mutually convenient to allow Lender to take possession or dispose of the Personalty; and (iii) written notice mailed to Borrower as provided herein at least ten (10) days prior to the date of public sale of the Personalty or prior to the date after which private sale of the Personalty will be made shall constitute reasonable notice; and (iv) any sale made pursuant to the provisions of this subsection shall be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with the sale of the other Mortgaged Property under power of sale as provided herein upon giving the same notice with respect to the sale of the Personalty hereunder as is required for such sale of the other Mortgaged Property under power of sale, and such sale shall be deemed to be pursuant to a security agreement covering both real and personal property under Section 9.604(a) of the Code; and (v) in the event of a foreclosure sale, the Personalty and the other Mortgaged Property may, at the option of Lender, be sold as a whole; and (vi) it shall not be necessary that Lender take possession of the Personalty, or any part thereof, prior to the time that any sale pursuant to the provisions of this subsection is conducted, and it shall not be necessary that the Personalty or any part thereof be present at the location of such sale; and (vii) prior to application of proceeds of disposition of the Personalty to the Indebtedness, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like, and the reasonable attorneys' fees and legal expenses incurred by Lender; and (viii) after notification, if any, hereafter provided in this subsection, Lender may sell, lease, or otherwise dispose of the Personalty, or any part thereof, in one or more parcels at public or private sale or sales, at Lender's offices or elsewhere, for cash, on credit, or for future delivery. Upon the request of Lender, Borrower shall assemble the Personalty and make it available to Lender at any place designated by Lender that is reasonably convenient to Borrower and Lender. Borrower agrees that Lender shall not be obligated to give more than ten (10) days' written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. Borrower shall be liable for all expenses of retaking, holding, preparing for sale, or the like, and all attorneys' fees, legal expenses, and all other costs and expenses incurred by Lender in connection with the collection of the Indebtedness and the enforcement of Lender's rights under the Loan Documents. Lender shall apply the proceeds of the sale of the Personalty against the Indebtedness in accordance with the provisions of Section 7.4 of this Mortgage. Borrower shall remain liable for any deficiency if the proceeds of any sale or disposition of the Personalty are insufficient to pay the Indebtedness in full. Borrower waives all rights of marshalling in respect of the Personalty; and (ix) any and all statements of fact or other recitals made in any xxxx of sale or assignment or other instrument evidencing any foreclosure sale hereunder, the nonpayment of the Indebtedness, the occurrence of any Event of Default, Lender having declared all or a portion of such Indebtedness to be due and payable, the notice of time, place, and terms of sale and of the properties to be sold having been duly given, or any other act or thing having been duly done by Lender, shall be taken as prima facie evidence of the truth of the facts so stated and recited; and (x) Lender may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Lender, including the sending of notices and the conduct of the sale, but in the name and on behalf of Lender.

Lender’s Uniform Commercial Code Remedies. Lender may exercise its rights of enforcement with respect to Fixtures and Personalty Security Property under the Code, and in conjunction with, in addition to or in substitution for the those rights and remedies under the Code Lender may and Borrower agrees as followsremedies: (i) Lender may without demand or notice to Borrower, enter upon the Mortgaged Property to take possession of, assemble, receive, receive and collect the PersonaltySecurity Property, or any part thereof, or to render it unusable; and; (ii) Lender may require Borrower to assemble the Personalty Security Property and make it available at a place Lender designates which is mutually convenient to allow Lender to take possession or dispose of the Personalty; andSecurity Property; (iii) written notice Notice mailed to Borrower as provided in Section 9.1 herein at least ten (10) days prior to the date of public sale of the Personalty Security Property or prior to the date after which private sale of the Personalty will be made Security Property occurs shall constitute reasonable notice; and; (iv) any sale made pursuant to the provisions of this subsection 8.2(c) shall be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with the sale of the other Mortgaged Property under power of sale as provided herein upon giving the same notice with respect to the sale of the Personalty Security Property hereunder as is required for such sale of the other Mortgaged Property under power of sale, and such sale shall be deemed to be pursuant to a security agreement covering both real and personal property under Section 9.604(a) of the Code; and; (v) in the event of a foreclosure sale, whether made under the Personalty terms of the Security Instrument, or under judgment of a court, the Security Property and the other Mortgaged Property Property, or any portion thereof, may, at the option of Lender, be sold as a whole; andtogether; (vi) it shall not be necessary that Lender take possession of the PersonaltySecurity Property, or any part thereof, prior to the time that any sale pursuant to the provisions of this subsection 8.2(c) is conducted, and it shall not be necessary that the Personalty Security Property or any part thereof be present at the location of such sale; and; (vii) prior to application of proceeds of disposition of the Personalty Security Property to the Indebtedness, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like, like and the reasonable attorneys' ’ fees and legal expenses incurred by Lender; andThe Flats at Carrs Hill, Athens, Georgia Loan No. 00-1102522 (viii) after notification, if any, hereafter provided in this subsection, Lender may sell, lease, lease or otherwise dispose of the PersonaltySecurity Property, or any part thereof, in one or more parcels at public or private sale or sales, at Lender's ’s offices or elsewhere, for cash, on credit, credit or for future delivery. Upon the request of Lender, Borrower shall assemble the Personalty and make it available to Lender at any place designated by Lender that is reasonably convenient to Borrower and Lender. Borrower agrees that Lender shall not be obligated to give more than ten (10) days' written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. Borrower shall be liable for all expenses of retaking, holding, preparing for sale, sale or the like, like and all attorneys' ’ fees, legal expenses, expenses and all other costs and expenses incurred by Lender in connection with the collection of the Indebtedness and the enforcement of Lender's ’s rights under the Loan Documents. Lender shall apply the proceeds of the sale of the Personalty Security Property against the Indebtedness in accordance with the provisions of Section 7.4 of this Mortgage. Borrower shall remain liable for any deficiency if the proceeds of any sale or disposition of the Personalty are insufficient to pay the Indebtedness in full. Borrower waives all rights of marshalling in respect of the Personalty; and (ix) any and all statements of fact or other recitals made in any xxxx of sale or assignment or other instrument evidencing any foreclosure sale hereunder, the nonpayment of the Indebtedness, the occurrence of any Event of Default, Lender having declared all or a portion of such Indebtedness to be due and payable, the notice of time, place, and terms of sale and of the properties to be sold having been duly given, or any other act or thing having been duly done by Lender, shall be taken as prima facie evidence of the truth of the facts so stated and recited; and (x) Lender may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Lender, including the sending of notices and the conduct of the sale, but in the name and on behalf of Lender.8.3

Lender’s Uniform Commercial Code Remedies. Lender may exercise its rights of enforcement with respect to Fixtures and Personalty under the Code, and in conjunction with, in addition to or in substitution for the rights and remedies under the Code Lender may and Borrower agrees as follows: (i) without demand or notice to Borrower, enter upon the Mortgaged Property to take possession of, assemble, receive, and collect the Personalty, or any part thereof, or to render it unusable; and (ii) Lender may require Borrower to assemble the Personalty and make it available at a place Lender designates which is mutually convenient to allow Lender to take possession or dispose of the Personalty; and (iii) written notice mailed to Borrower as provided herein at least ten (10) days prior to the date of public sale of the Personalty or prior to the date after which private sale of the Personalty will be made shall constitute reasonable notice; and (iv) any sale made pursuant to the provisions of this subsection shall be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with the sale of the other Mortgaged Property under power of sale as provided herein upon giving the same notice with respect to the sale of the Personalty hereunder as is required for such sale of the other Mortgaged Property under power of sale, and such sale shall be deemed to be pursuant to a security agreement covering both real and personal property under Section 9.604(a) of the Code; and (v) in the event of a foreclosure sale, whether made by the Trustee under the terms hereof, or under judgment of a court, the Personalty and the other Mortgaged Property may, at the option of Lender, be sold as a whole; and (vi) it shall not be necessary that Lender take possession of the Personalty, or any part thereof, prior to the time that any sale pursuant to the provisions of this subsection is conducted, and it shall not be necessary that the Personalty or any part thereof be present at the location of such sale; and (vii) prior to application of proceeds of disposition of the Personalty to the Indebtedness, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like, and the reasonable attorneys' ’ fees and legal expenses incurred by LenderLxxxxx; and (viii) after notification, if any, hereafter provided in this subsection, Lender may sell, lease, or otherwise dispose of the Personalty, or any part thereof, in one or more parcels at public or private sale or sales, at Lender's ’s offices or elsewhere, for cash, on credit, or for future delivery. Upon the request of LenderLxxxxx, Borrower shall assemble the Personalty and make it available to Lender at any place designated by Lender that is reasonably convenient to Borrower and Lender. Borrower Bxxxxxxx agrees that Lender shall not be obligated to give more than ten (10) days' ’ written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. Borrower shall be liable for all expenses of retaking, holding, preparing for sale, or the like, and all attorneys' ’ fees, legal expenses, and all other costs and expenses incurred by Lender in connection with the collection of the Indebtedness and the enforcement of Lender's Lxxxxx’s rights under the Loan Documents. Lender shall apply the proceeds of the sale of the Personalty against the Indebtedness in accordance with the provisions of Section 7.4 of this MortgageLien Instrument. Borrower shall remain liable for any deficiency if the proceeds of any sale or disposition of the Personalty are insufficient to pay the Indebtedness in full. Borrower waives all rights of marshalling in respect of the Personalty; and (ix) any and all statements of fact or other recitals made in any xxxx bill of sale or assignment or other instrument evidencing any foreclosure sale hereunder, the nonpayment of the Indebtedness, the occurrence of any Event of Default, Lender having declared all or a portion of such Indebtedness to be due and payable, the notice of time, place, and terms of sale and of the properties to be sold having been duly given, or any other act or thing having been duly done by LenderLxxxxx, shall be taken as prima facie evidence of the truth of the facts so stated and recited; and (x) Lender may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by LenderLxxxxx, including the sending of notices and the conduct of the sale, but in the name and on behalf of Lender.

Lender’s Uniform Commercial Code Remedies. Lender may exercise its rights of enforcement with respect to Fixtures and Personalty Security Property under the Code, and in conjunction with, in addition to or in substitution for the those rights and remedies under the Code Lender may and Borrower agrees as followsremedies: (i) Lender may without demand or notice to Borrower, enter upon the Mortgaged Property to take possession of, assemble, receive, receive and collect the PersonaltySecurity Property, or any part thereof, or to render it unusable; and; (ii) Lender may require Borrower to assemble the Personalty Security Property and make it available at a place Lender designates which is mutually convenient to allow Lender to take possession or dispose of the Personalty; andSecurity Property; (iii) written notice Notice mailed to Borrower as provided in Section 9.1 herein at least ten (10) days prior to the date of public sale of the Personalty Security Property or prior to the date after which private sale of the Personalty will be made Security Property occurs shall constitute reasonable notice; and; (iv) any sale made pursuant to the provisions of this subsection 8.2(b) shall be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with the sale of the other Mortgaged Property under power of sale as provided herein upon giving the same notice with respect to the sale of the Personalty Security Property hereunder as is required for such sale of the other Mortgaged Property under power of sale, and such sale shall be deemed to be pursuant to a security agreement covering both real and personal property under Section 9.604(a) of the Code; and; (v) in the event of a foreclosure sale, whether made under the Personalty terms of the Security Instrument, or under judgment of a court, the Security Property and the other Mortgaged Property Property, or any portion thereof, may, at the option of Lender, be sold as a whole; andtogether; (vi) it shall not be necessary that Lender take possession of the PersonaltySecurity Property, or any part thereof, prior to the time that any sale pursuant to the provisions of this subsection 8.2(b) is conducted, and it shall not be necessary that the Personalty Security Property or any part thereof be present at the location of such sale; and; (vii) prior to application of proceeds of disposition of the Personalty Security Property to the Indebtedness, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like, like and the reasonable attorneys' ’ fees and legal expenses incurred by Lender; andXxxxxx; (viii) after notification, if any, hereafter provided in this subsection, Lender may sell, lease, lease or otherwise dispose of the PersonaltySecurity Property, or any part thereof, in one or more parcels at public or private sale or sales, at Lender's ’s offices or elsewhere, for cash, on credit, credit or for future delivery. Upon the request of Lender, Borrower shall assemble the Personalty and make it available to Lender at any place designated by Lender that is reasonably convenient to Borrower and Lender. Borrower agrees that Lender shall not be obligated to give more than ten (10) days' written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. Borrower shall be liable for all expenses of retaking, holding, preparing for sale, sale or the like, like and all reasonable documented attorneys' ’ fees, legal expenses, expenses and all other costs and expenses incurred by Lender Xxxxxx in connection with the collection of the Indebtedness and the enforcement of Lender's Xxxxxx’s rights under the Loan Documents. Lender shall apply the proceeds of the sale of the Personalty Security Property against the Indebtedness in accordance with Flats at Carrs Hill 43 Loan No. 00-1103560 30367245 the provisions of Section 7.4 8.3 of this MortgageAgreement. Borrower shall remain liable for any deficiency if the proceeds of any sale or disposition of the Personalty Security Property are insufficient to pay the Indebtedness in full. Borrower waives all rights of marshalling marshaling in respect of the Personalty; andSecurity Property; (ix) Lender may dispose of the Security Property in its then present condition, has no duty to repair or clean the Security Property prior to sale and may disclaim warranties of title, possession, quiet enjoyment and the like with respect to the Security Property, all without affecting the commercial reasonableness of the sale; (x) any and all statements of fact or other recitals made in any xxxx bill of sale or sale, assignment or other instrument evidencing any foreclosure sale hereunder, the nonpayment of the IndebtednessLoan, the occurrence of any Event of Default, Lender having declared all or a portion part of such Indebtedness the Loan to be due and payable, the notice of time, place, place and terms of sale and of the properties to be sold having been duly given, or any other act or thing having been duly done by LenderXxxxxx, shall be taken as prima facie evidence of the truth of the facts so stated and recited; and; (xxi) Lender Xxxxxx may appoint or delegate any one or more persons Persons as agent to perform any act or acts necessary or incident to any sale held by LenderXxxxxx, including the sending of notices and the conduct of the sale, but in the name and on behalf of LenderXxxxxx; and (xii) Lender shall have the right at any time to enforce Xxxxxxxx’s rights against account debtors and obligors.

Lender’s Uniform Commercial Code Remedies. Lender may exercise its rights of enforcement with respect to Fixtures and Personalty under the Code, and in conjunction with, in addition to or in substitution for the rights and remedies under the Code Lender may and Borrower agrees as follows: (i) without demand or notice to Borrower, enter upon the Mortgaged Property to take possession of, assemble, receive, and collect the Personalty, or any part thereof, or to render it unusable; and (ii) Lender may require Borrower to assemble the Personalty and make it available at a place Lender designates which is mutually convenient to allow Lender to take possession or dispose of the Personalty; and (iii) written notice mailed to Borrower as provided herein at least ten (10) days prior to the date of public sale of the Personalty or prior to the date after which private sale of the Personalty will be made shall constitute reasonable notice; and (iv) any sale made pursuant to the provisions of this subsection shall be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with the sale of the other Mortgaged Property under power of sale as provided herein upon giving the same notice with respect to the sale of the Personalty hereunder as is required for such sale of the other Mortgaged Property under power of sale, and such sale shall be deemed to be pursuant to a security agreement covering both real and personal property under Section 9.604(a) of the Code; and (v) in the event of a foreclosure sale, whether made under the terms hereof, or under judgment of a court, the Personalty and the other Mortgaged Property may, at the option of Lender, be sold as a whole; and (vi) it shall not be necessary that Lender take possession of the Personalty, or any part thereof, prior to the time that any sale pursuant to the provisions of this subsection is conducted, and it shall not be necessary that the Personalty or any part thereof be present at the location of such sale; and (vii) prior to application of proceeds of disposition of the Personalty to the Indebtedness, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like, and the reasonable attorneys' fees and legal expenses incurred by Lender; and (viiiviix) after xxxer notification, if any, hereafter provided in this subsection, Lender may sell, lease, or otherwise dispose of the Personalty, or any part thereof, in one or more parcels at public or private sale or sales, at Lender's offices or elsewhere, for cash, on credit, or for future delivery. Upon the request of Lender, Borrower shall assemble shaxx xxxemble the Personalty and make it available to Lender at any place designated by Lender that is reasonably convenient to Borrower and Lender. Borrower agrees that Lender Xxxxxx shall not be obligated to give more than ten (10) days' written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. Borrower shall be liable for all expenses of retaking, holding, preparing for sale, or the like, and all attorneys' fees, legal expenses, and all other costs and expenses incurred by Lender in connection with the collection of the Indebtedness and the enforcement of Lender's rights under the undex xxx Loan Documents. Lender shall apply the proceeds of the sale of the Personalty against the Indebtedness in accordance with the provisions of Section 7.4 of this Mortgage. Borrower shall remain liable for any deficiency if the proceeds of any sale or disposition of the Personalty are insufficient to pay the Indebtedness in full. Borrower waives all rights of marshalling in respect of the Personalty; andand MORTGAGE, SECURITY AGREEMENT AND FIXTURE FILING – Page 14 667354; Miami-Dade County – Florida (ix) any and all statements of fact or other recitals made in any xxxx bill of sale or assignment or other instrument evidencing any foreclosure sale hereunder, the nonpayment of the Indebtedness, the occurrence of any Event of Default, Lender having declared all or a portion of such Indebtedness to be due and payable, the notice of time, place, and terms of sale and of the properties to be sold having been duly given, or any other act or thing having been duly done by Lender, shall be taken as takxx xx prima facie evidence of the truth of the facts so stated and recited; and (x) Lender may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Lender, including the sending thx xxxxing of notices and the conduct of the sale, but in the name and on behalf of Lender.

Lender’s Uniform Commercial Code Remedies. Lender may exercise its rights of enforcement with respect to Fixtures and Personalty Security Property under the Code, and in conjunction with, in addition to or in substitution for the those rights and remedies under the Code Lender may and Borrower agrees as followsremedies: (i) Lender may without demand or notice to Borrower, enter upon the Mortgaged Property to take possession of, assemble, receive, receive and collect the PersonaltySecurity Property, or any part thereof, or to render it unusable; and; (ii) Lender may require Borrower to assemble the Personalty Security Property and make it available at a place Lender designates which is mutually convenient to allow Lender to take possession or dispose of the Personalty; andSecurity Property; (iii) written notice Notice mailed to Borrower as provided in Section 9.1 herein at least ten (10) days prior to the date of public sale of the Personalty Security Property or prior to the date after which private sale of the Personalty will be made Security Property occurs shall constitute reasonable notice; and; (iv) any sale made pursuant to the provisions of this subsection 8.2(b) shall be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with the sale of the other Mortgaged Property under power of sale as provided herein upon giving the same notice with respect to the sale of the Personalty Security Property hereunder as is required for such sale of the other Mortgaged Property under power of sale, and such sale shall be deemed to be pursuant to a security agreement covering both real and personal property under Section 9.604(a) of the Code; and; (v) in the event of a foreclosure sale, whether made under the Personalty terms of the Security Instrument, or under judgment of a court, the Security Property and the other Mortgaged Property Property, or any portion thereof, may, at the option of Lender, be sold as a whole; andtogether; (vi) it shall not be necessary that Lender take possession of the PersonaltySecurity Property, or any part thereof, prior to the time that any sale pursuant to the provisions of this subsection 8.2(b) is conducted, and it shall not be necessary that the Personalty Security Property or any part thereof be present at the location of such sale; and; (vii) prior to application of proceeds of disposition of the Personalty Security Property to the Indebtedness, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like, like and the reasonable attorneys' ’ fees and legal expenses incurred by Lender; and; (viii) after notification, if any, hereafter provided in this subsection, Lender may sell, lease, lease or otherwise dispose of the PersonaltySecurity Property, or any part thereof, in one or more parcels at public or private sale or sales, at Lender's ’s offices or elsewhere, for cash, on credit, credit or for future delivery. Upon the request of Lender, Borrower shall assemble the Personalty and make it available to Lender at any place designated by Lender that is reasonably convenient to Borrower and Lender. Borrower agrees that Lender shall not be obligated to give more than ten (10) days' written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. Borrower shall be liable for all expenses of retaking, holding, preparing for sale, sale or the like, like and all attorneys' ’ fees, legal expenses, expenses and all other costs and expenses incurred by Lender in connection with the collection of the Indebtedness and the enforcement of Lender's ’s rights under the Loan Documents. Lender shall apply the proceeds of the sale of the Personalty Security Property against the Indebtedness in accordance with the provisions of Section 7.4 8.3 of this MortgageAgreement. Borrower shall remain liable for any deficiency if the proceeds of any sale or disposition of the Personalty Security Property are insufficient to pay the Indebtedness in full. To the extent not prohibited under applicable Law, Borrower waives all rights of marshalling marshaling in respect of the Personalty; andSecurity Property; (ix) Lender may dispose of the Security Property in its then present condition, has no duty to repair or clean the Security Property prior to sale and may disclaim warranties of title, possession, quiet enjoyment and the like with respect to the Security Property, all without affecting the commercial reasonableness of the sale; (x) any and all statements of fact or other recitals made in any xxxx bxxx of sale or sale, assignment or other instrument evidencing any foreclosure sale hereunder, the nonpayment of the IndebtednessLoan, the occurrence of any Event of Default, Lender having declared all or a portion part of such Indebtedness the Loan to be due and payable, the notice of time, place, place and terms of sale and of the properties to be sold having been duly given, or any other act or thing having been duly done by Lender, shall be taken as prima facie evidence of the truth of the facts so stated and recited; and; (xxi) Lender may appoint or delegate any one or more persons Persons as agent to perform any act or acts necessary or incident to any sale held by Lender, including the sending of notices and the conduct of the sale, but in the name and on behalf of Lender; and (xii) Lender shall have the right at any time to enforce Borrower’s rights against account debtors and obligors.

Lender’s Uniform Commercial Code Remedies. Lender may exercise its rights of enforcement with respect to Fixtures and Personalty Security Property under the Code, and in conjunction with, in addition to or in substitution for the those rights and remedies under the Code Lender may and Borrower agrees as followsremedies: (i) Lender may without demand or notice to Borrower, enter upon the Mortgaged Property to take possession of, assemble, receive, receive and collect the PersonaltySecurity Property, or any part thereof, or to render it unusable; and; (ii) Lender may require Borrower to assemble the Personalty Security Property and make it available at a place Lender designates which is mutually convenient to allow Lender to take possession or dispose of the Personalty; andSecurity Property; (iii) written notice Notice mailed to Borrower as provided in Section 9.1 herein at least ten (10) days prior to the date of public sale of the Personalty Security Property or prior to the date after which private sale of the Personalty will be made Security Property occurs shall constitute reasonable notice; and; (iv) any sale made pursuant to the provisions of this subsection 8.2(c) shall be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with the sale of the other Mortgaged Property under power of sale as provided herein upon giving the same notice with respect to the sale of the Personalty Security Property hereunder as is required for such sale of the other Mortgaged Property under power of sale, and such sale shall be deemed to be pursuant to a security agreement covering both real and personal property under Section 9.604(a) of the Code; andDomain at Tallahassee 42 Loan No. 00-1102733 (v) in the event of a foreclosure sale, whether made under the Personalty terms of the Security Instrument, or under judgment of a court, the Security Property and the other Mortgaged Property Property, or any portion thereof, may, at the option of Lender, be sold as a whole; andtogether; (vi) it shall not be necessary that Lender take possession of the PersonaltySecurity Property, or any part thereof, prior to the time that any sale pursuant to the provisions of this subsection 8.2(c) is conducted, and it shall not be necessary that the Personalty Security Property or any part thereof be present at the location of such sale; and; (vii) prior to application of proceeds of disposition of the Personalty Security Property to the Indebtedness, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like, like and the reasonable attorneys' ’ fees and legal expenses incurred by Lender; and; (viii) after notification, if any, hereafter provided in this subsection, Lender may sell, lease, lease or otherwise dispose of the PersonaltySecurity Property, or any part thereof, in one or more parcels at public or private sale or sales, at Lender's ’s offices or elsewhere, for cash, on credit, credit or for future delivery. Upon the request of Lender, Borrower shall assemble the Personalty and make it available to Lender at any place designated by Lender that is reasonably convenient to Borrower and Lender. Borrower agrees that Lender shall not be obligated to give more than ten (10) days' written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. Borrower shall be liable for all expenses of retaking, holding, preparing for sale, sale or the like, like and all reasonable attorneys' ’ fees, legal expenses, expenses and all other costs and expenses incurred by Lender in connection with the collection of the Indebtedness and the enforcement of Lender's ’s rights under the Loan Documents. Lender shall apply the proceeds of the sale of the Personalty Security Property against the Indebtedness in accordance with the provisions of Section 7.4 8.3 of this MortgageAgreement. Borrower shall remain liable for any deficiency if the proceeds of any sale or disposition of the Personalty Security Property are insufficient to pay the Indebtedness in full. Borrower waives all rights of marshalling marshaling in respect of the Personalty; andSecurity Property; (ix) Lender may dispose of the Security Property in its then present condition, has no duty to repair or clean the Security Property prior to sale and may disclaim warranties of title, possession, quiet enjoyment and the like with respect to the Security Property, all without affecting the commercial reasonableness of the sale; (x) any and all statements of fact or other recitals made in any xxxx of sale or sale, assignment or other instrument evidencing any foreclosure sale hereunder, the nonpayment of the IndebtednessLoan, the occurrence of any Event of Default, Lender having declared all or a portion part of such Indebtedness the Loan to be due and payable, the notice of time, place, place and terms of sale and of the properties to be sold having been duly given, or any other act or thing having been duly done by Lender, shall be taken as prima facie evidence of the truth of the facts so stated and recited; and; (xxi) Lender may appoint or delegate any one or more persons Persons as agent to perform any act or acts necessary or incident to any sale held by Lender, including the sending of notices and the conduct of the sale, but in the name and on behalf of Lender; and (xii) Lender shall have the right at any time to enforce Borrower’s rights against account debtors and obligors.

Lender’s Uniform Commercial Code Remedies. The Lender may exercise its ----------------------------------------- rights of enforcement with respect to Fixtures Personalty, Fixtures, Contracts, Permits, Leases and Personalty Rents under the Code, and in conjunction with, in addition to or in substitution for the rights and remedies under the Code Lender may and Borrower agrees as followsCode: (i) Lender may, without demand or notice to Borrower, enter upon the Mortgaged Property to take possession of, assemble, receive, and collect the Personalty, or any part thereof, or to render it unusable; and; (ii) Lender may require Borrower to assemble the Personalty and make it available at a place the Lender designates which is mutually convenient to allow the Lender to take possession or dispose of the Personalty; and; (iii) written notice mailed to Borrower as provided herein at least ten (10) days prior to the date of public sale of the Personalty or prior to the date after which private sale of the Personalty will be made shall constitute reasonable notice; and; (iv) any sale made pursuant to the provisions of this subsection shall be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with the sale of all or a portion of the other Mortgaged Property Land and Improvements under power of sale as provided herein upon giving the same notice with respect to the sale of the Personalty hereunder as is required for such sale of all or a portion of the other Mortgaged Property Land and Improvements under power of sale, and such sale shall be deemed to be pursuant to a security agreement covering both real and personal property under Section 9.604(a) of the Code; and; (v) in the event of a foreclosure sale, whether made by Lender under the terms hereof, or under judgment of a court, the Personalty and the other Mortgaged Property may, at the option of the Lender, be sold as a whole; and; (vi) it shall not be necessary that the Lender take possession of the Personalty, or any part thereof, prior to the time that any sale pursuant to the provisions of this subsection is conducted, and it shall not be necessary that the Personalty or any part thereof be present at the location of such sale; and; (vii) prior to application of proceeds of disposition of the Personalty to the Indebtedness, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like, and the reasonable attorneys' fees and legal expenses incurred by Lender; and (viii) after notification, if any, as hereafter provided in this subsection, Lender may sell, lease, or otherwise dispose of the Personalty, or any part thereof, in one or more parcels at public or private sale or sales, at Lender's offices or elsewhere, for cash, on credit, or for future delivery. Upon the request of Lender, Borrower shall assemble the Personalty and make it available to Lender at any place designated by Lender that is reasonably convenient to Borrower and Lender. Borrower agrees that Lender shall not be obligated to give more than ten (10) days' written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. Borrower shall be liable for all reasonable expenses of retaking, holding, preparing for sale, or the like, and all reasonable attorneys' fees, legal expenses, and all other costs and expenses incurred by Lender in connection with the collection of the Indebtedness and the enforcement of Lender's rights under the Loan Documents. Lender shall apply the proceeds of the sale of the Personalty against the Indebtedness in accordance with the provisions of Section 7.4 ------- 8.3 (Application of this Mortgage. Borrower shall remain liable for any deficiency if the proceeds of any sale or disposition of the Personalty are insufficient to pay the Indebtedness in fullForeclosure and Other Proceeds). Borrower waives all rights --- of marshalling in respect of the Personalty; and (ix) any and all statements of fact or other recitals made in any xxxx of sale or assignment or other instrument evidencing any foreclosure sale hereunder, the nonpayment of the Indebtedness, the occurrence of any Event of Default, Lender having declared all or a portion of such Indebtedness to be due and payable, the notice of time, place, and terms of sale and of the properties to be sold having been duly given, or any other act or thing having been duly done by Lender, shall be taken as prima facie evidence of the truth of the facts so stated and recited; and (xviii) Lender may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Lender, including the sending of notices and the conduct of the sale, but in the name and on behalf of Lender.

Lender’s Uniform Commercial Code Remedies. The Lender may ----------------------------------------- exercise its rights of enforcement with respect to Fixtures Personalty, Fixtures, Contracts, Permits, Leases and Personalty Rents under the Code, and in conjunction with, in addition to or in substitution for the rights and remedies under the Code Lender may and Borrower agrees as followsCode: (i) Lender may, without demand or notice to Borrower, enter upon the Mortgaged Property to take possession of, assemble, receive, and collect the Personalty, or any part thereof, or to render it unusable; and; (ii) Lender may require Borrower to assemble the Personalty and make it available at a place the Lender designates which is mutually convenient to allow the Lender to take possession or dispose of the Personalty; and; (iii) written notice mailed to Borrower as provided herein at least ten (10) days prior to the date of public sale of the Personalty or prior to the date after which private sale of the Personalty will be made shall constitute reasonable notice; and; (iv) any sale made pursuant to the provisions of this subsection shall be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with the sale of all or a portion of the other Mortgaged Property Land and Improvements under power of sale as provided herein upon giving the same notice with respect to the sale of the Personalty hereunder as is required for such sale of all or a portion of the other Mortgaged Property Land and Improvements under power of sale, and such sale shall be deemed to be pursuant to a security agreement covering both real and personal property under Section 9.604(a) of the Code; and; (v) in the event of a foreclosure sale, whether made by Lender under the terms hereof, or under judgment of a court, the Personalty and the other Mortgaged Property may, at the option of the Lender, be sold as a whole; and; (vi) it shall not be necessary that the Lender take possession of the Personalty, or any part thereof, prior to the time that any sale pursuant to the provisions of this subsection is conducted, and it shall not be necessary that the Personalty or any part thereof be present at the location of such sale; and; (vii) prior to application of proceeds of disposition of the Personalty to the Indebtedness, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like, and the reasonable attorneys' fees and legal expenses incurred by Lender; and (viii) after notification, if any, as hereafter provided in this subsection, Lender may sell, lease, or otherwise dispose of the Personalty, or any part thereof, in one or more parcels at public or private sale or sales, at Lender's offices or elsewhere, for cash, on credit, or for future delivery. Upon the request of Lender, Borrower shall assemble the Personalty and make it available to Lender at any place designated by Lender that is reasonably convenient to Borrower and Lender. Borrower agrees that Lender shall not be obligated to give more than ten (10) days' written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. Borrower shall be liable for all reasonable expenses of retaking, holding, preparing for sale, or the like, and all reasonable attorneys' fees, legal expenses, and all other costs and expenses incurred by Lender in connection with the collection of the Indebtedness and the enforcement of Lender's rights under the Loan Documents. Lender shall apply the proceeds of the sale of the Personalty against the Indebtedness in accordance with the provisions of Section 7.4 ------- 8.3 (Application of this Mortgage. Borrower shall remain liable for any deficiency if the proceeds of any sale or disposition of the Personalty are insufficient to pay the Indebtedness in fullForeclosure and Other Proceeds). Borrower waives all --- rights of marshalling in respect of the Personalty; and (ix) any and all statements of fact or other recitals made in any xxxx of sale or assignment or other instrument evidencing any foreclosure sale hereunder, the nonpayment of the Indebtedness, the occurrence of any Event of Default, Lender having declared all or a portion of such Indebtedness to be due and payable, the notice of time, place, and terms of sale and of the properties to be sold having been duly given, or any other act or thing having been duly done by Lender, shall be taken as prima facie evidence of the truth of the facts so stated and recited; and (xviii) Lender may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Lender, including the sending of notices and the conduct of the sale, but in the name and on behalf of Lender.

Lender’s Uniform Commercial Code Remedies. Lender may exercise its rights of enforcement with respect to Fixtures and Personalty under the Code, and in conjunction with, in addition to or in substitution for the rights and remedies under the Code Code, Lender may and Borrower agrees as follows: (i) without demand or notice to Borrower, enter upon the Mortgaged Property to take possession of, assemble, receive, and collect the Personalty, or any part thereof, or to render it unusable; and (ii) Lender may require Borrower to assemble the Personalty and make it available at a place Lender designates which is mutually convenient to allow Lender to take possession or dispose of the Personaltypersonalty; and (iii) written notice mailed to Borrower as provided herein at least ten (10) days prior to the date of public sale of the Personalty or prior to the date after which private sale of the Personalty personalty will be made shall constitute reasonable notice; and (iv) any sale made pursuant to the provisions of this subsection shall be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with the sale of the other Mortgaged Mortgage Property under power of sale as provided herein upon giving the same notice with respect to the sale of the Personalty hereunder as is required for such sale of the other Mortgaged Mortgage Property under power of sale, and such sale shall be deemed to be pursuant to a security agreement covering both real and personal property under Section 9.604(a) 9.604 of the Code; and (v) in the event of a foreclosure sale, whether made by the Trustee under the terms hereof, or under judgment of a court, the Personalty and the other Mortgaged Mortgage Property may, at the option of Lender, be sold as a whole; and (vi) it shall not be necessary that Lender take possession of the Personalty, or any part thereof, prior to the time that any sale pursuant to the provisions of this subsection is conducted, and it shall not be necessary that the Personalty or any part thereof be present at the location of such sale; and (vii) prior to application of proceeds of disposition of the Personalty to the Indebtedness, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like, and the reasonable attorneys' fees and legal expenses incurred by Lender; and (viii) after notification, if any, hereafter provided in this subsection, Lender may sell, lease, lease or otherwise dispose of the Personalty, or any part thereof, in one or more parcels at public or private sale or sales, at Lender's offices or elsewhere, for cash, on credit, or for future delivery. Upon the request of Lender, Borrower shall assemble the Personalty and make it available to Lender at any place designated by Lender that is reasonably convenient to Borrower and Lender. Borrower agrees that Lender shall not be obligated to give more than ten (10) days' written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. Borrower shall be liable for all expenses of retaking, holding, preparing for sale, or the like, and all attorneys' the attorney's fees, legal expenses, and all other costs and expenses incurred by Lender in connection with the collection of the Indebtedness and the enforcement of Lender's rights under the Loan Documents. Lender shall apply the proceeds of the sale of the Personalty against the Indebtedness in accordance with the provisions of Section 7.4 of this Mortgage. Borrower shall remain liable for any deficiency if the proceeds of any sale or disposition of the Personalty are insufficient to pay the Indebtedness in full. Borrower waives all rights of marshalling in respect of the Personalty; and (ix) any and all statements of fact or other recitals made in any xxxx of sale or assignment or other instrument evidencing any foreclosure sale hereunder, the nonpayment of the Indebtedness, the occurrence of any Event of Default, Lender having declared all or a portion of such Indebtedness to be due and payable, the notice of time, place, and terms of sale and of the properties to be sold having been duly given, or any other act or thing having been duly done by Lender, shall be taken as prima facie evidence of the truth of the facts so stated and recited; and (x) Lender may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Lender, including the sending of notices and the conduct of the sale, but in the name and on behalf of Lender.7.4

Lender’s Uniform Commercial Code Remedies. Lender may exercise its rights of enforcement with respect to Fixtures and Personalty under the Code, and in conjunction with, in addition to or in substitution for the rights and remedies under the Code Lender may and Borrower agrees as followsCode: (i) Lender may without demand or notice to Borrower, enter upon the Mortgaged Property to take possession of, assemble, receive, and collect the Personalty, or any part thereof, or to render it unusable; and; (ii) Lender may require Borrower to assemble the Personalty and make it available at a place the Lender designates which is mutually convenient to allow the Lender to take possession or dispose of the Personalty; and; (iii) written notice mailed to Borrower as provided herein at least ten (10) days prior to the date of public sale of the Personalty or prior to the date after which private sale of the Personalty will be made shall constitute reasonable notice; and; (iv) any sale made pursuant to the provisions of this subsection shall be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with the sale of the other Mortgaged Property under the power of sale as provided herein herein, upon giving the same notice with respect to the sale of the Personalty hereunder as is required for such sale of the other Mortgaged Property under power of sale, and such sale shall be deemed to be pursuant to a security agreement covering both real and personal property under Section 9.604(a) 9.604 of the Code; and; (v) in the event of a foreclosure sale, whether made by the Trustee under the terms hereof, or under judgment of a court, the Personalty and the other Mortgaged Property may, at the option of the Lender, be sold as a whole; and; (vi) it shall not be necessary that the Lender take possession of the Personalty, or any part thereof, prior to the time that any sale pursuant to the provisions of this subsection is conducted, and it shall not be necessary that the Personalty or any part thereof be present at the location of such sale; and; (vii) prior to application of proceeds of disposition of the Personalty to the Indebtedness, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like, and the reasonable attorneys' fees and legal expenses incurred by the Lender; and; (viii) after notification, if any, hereafter provided in this subsection, Lender may sell, lease, or otherwise dispose of the Personalty, or any part thereof, in one or more parcels at public or private sale or sales, at Lender's offices or elsewhere, for cash, on credit, or for future delivery. Upon the request of Lender, Borrower shall assemble the Personalty and make it available to Lender at any place designated by Lender that is reasonably convenient to Borrower and Lender. Borrower agrees that Lender shall not be obligated to give more than ten (10) days' written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. Borrower shall be liable for all expenses of retaking, holding, preparing for sale, or the like, and all attorneys' fees, legal expenses, and all other costs and expenses incurred by Lender in connection with the collection of the Indebtedness and the enforcement of Lender's rights under the Loan Documents. Lender shall apply the proceeds of the sale of the Personalty against the Indebtedness in accordance with the provisions of Section SECTION 7.4 of this MortgageLien Instrument. Borrower shall remain liable for any deficiency if the proceeds of any sale or disposition of the Personalty are insufficient to pay the Indebtedness in full. Borrower waives all rights of marshalling in respect of the Personalty; and; (ix) any and all statements of fact or other recitals made in any xxxx of sale or assignment or other instrument evidencing any foreclosure sale hereunder, the nonpayment of the Indebtedness, the occurrence of any Event of Default, the Lender having declared all or a portion of such Indebtedness to be due and payable, the notice of time, place, and terms of sale and of the properties to be sold having been duly given, or any other act or thing having been duly done by the Lender, shall be taken as prima facie PRIMA FACIE evidence of the truth of the facts so stated and recited; and (x) the Lender may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by the Lender, including the sending of notices and the conduct of the sale, but in the name and on behalf of the Lender.