Common use of Rights of a Secured Party Clause in Contracts

Rights of a Secured Party. Upon the occurrence of an Event of Default, the Lender, in addition to any and all remedies it may have or exercise under this Mortgage, the Note, the Loan Agreement, the Assignment, any of the other Loan Documents, the Other Indebtedness Instruments or under applicable law, may immediately and without demand exercise any and all of the rights of a secured party upon default under the Uniform Commercial Code, all of which shall be cumulative. Such rights shall include, without limitation: (a) The right to take possession of the Collateral without judicial process and to enter upon any premises where the Collateral may be located for the purposes of taking possession of, securing, removing, and/or disposing of the Collateral without interference from Mortgagor and without any liability for rent, storage, utilities or other sums; (b) The right to sell, lease, or otherwise dispose of any or all of the Collateral, whether in its then condition or after further processing or preparation, at public or private sale; and unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender shall give to Mortgagor at least ten (10) days’ prior notice of the time and place of any public sale of the Collateral or of the time after which any private sale or other intended disposition of the Collateral is to be made, all of which Mortgagor agrees shall be reasonable notice of any sale or disposition of the Collateral; (c) The right to require Mortgagor, upon request of Lender, to assemble and make the Collateral available to Lender at a place reasonably convenient to Mortgagor and Lender; and (d) The right to notify account debtors, and demand and receive payment therefrom. To effectuate the rights and remedies of Lender upon default, Mortgagor does hereby irrevocably appoint Lender attorney-in-fact for Mortgagor, with full power of substitution to sign, execute, and deliver any and all instruments and documents and do all acts and things to the same extent as Mortgagor could do, and to sell, assign, and transfer any collateral to Lender or any other party.

Rights of a Secured Party. Upon the occurrence of an Event of Default, the LenderGrantee, in addition to any and all remedies it may have or exercise under this MortgageDeed to Secure Debt, the Note, the Loan Agreement, the Assignment, any of the other Loan Documents, the Other Indebtedness Instruments or under applicable law, may immediately and without demand exercise any and all of the rights of a secured party upon default under the Uniform Commercial Code, all of which shall be cumulative. Such rights shall include, without limitation: (a) The right to take possession of the Collateral without judicial process and to enter upon any premises where the Collateral may be located for the purposes of taking possession of, securing, removing, and/or disposing of the Collateral without interference from Mortgagor Grantor and without any liability for rent, storage, utilities or other sums; (b) The right to sell, lease, or otherwise dispose of any or all of the Collateral, whether in its then condition or after further processing or preparation, at public or private sale; and unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender Grantee shall give to Mortgagor Grantor at least ten (10) days’ ' prior notice of the time and place of any public sale of the Collateral or of the time after which any private sale or other intended disposition of the Collateral is to be made, all of which Mortgagor Grantor agrees shall be reasonable notice of any sale or disposition of the Collateral; (c) The right to require MortgagorGrantor, upon request of LenderGrantee, to assemble and make the Collateral available to Lender Grantee at a place reasonably convenient to Mortgagor Grantor and LenderGrantee; and (d) The right to notify account debtors, and demand and receive payment therefrom. To effectuate the rights and remedies of Lender Grantee upon default, Mortgagor Grantor does hereby irrevocably appoint Lender Grantee attorney-in-fact for MortgagorGrantor, with full power of substitution to sign, execute, and deliver any and all instruments and documents and do all acts and things to the same extent as Mortgagor Grantor could do, and to sell, assign, and transfer any collateral to Lender Grantee or any other party.

Rights of a Secured Party. Upon the occurrence and during ------------------------- the continuance of an Event of Default, the Lender, in addition to any and Secured Party shall have all remedies it may have or exercise under this Mortgage, the Note, the Loan Agreement, the Assignment, any of the other Loan Documents, the Other Indebtedness Instruments or under applicable law, may immediately and without demand exercise any and all of the rights of a secured party upon after default under the Uniform Commercial CodeCode of Texas, all of which shall be cumulative. Such and in conjunction with, in addition to or in substitution for those rights shall include, without limitationand remedies and the rights and remedies provided for herein and in the other Operative Documents: (a) The right written notice mailed to take possession of the Collateral without judicial process and to enter upon any premises where the Collateral may be located for the purposes of taking possession of, securing, removing, and/or disposing of the Collateral without interference from Mortgagor and without any liability for rent, storage, utilities or other sums; (b) The right to sell, lease, or otherwise dispose of any or all of the Collateral, whether in its then condition or after further processing or preparation, at public or private sale; and unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender shall give to Mortgagor at least Debtors as provided herein ten (10) days’ days prior notice to the date of the time and place of any public sale of the Collateral or of prior to the time date after which any private sale or other intended disposition of the Collateral is to will be made, all made shall constitute reasonable notice; (b) it shall not be necessary that the Collateral or any part thereof be present at the location of which Mortgagor agrees shall be reasonable notice of any sale or disposition of the Collateralsuch sale; (c) The prior to the application of the proceeds of any disposition of the Collateral to the Secured Obligations, such proceeds shall be applied to the expenses of retaking, holding, selling, and the like and the attorneys fees and legal expenses incurred by Secured Party, Debtors, to remain liable for any deficiency; (d) the sale by Secured Party of less than the whole of the Collateral shall not exhaust the rights of Secured Party hereunder, and Secured Party is specifically empowered to make successive sale or sales hereunder until the whole of the Collateral shall be sold; and, if the proceeds of such sale of less than the whole of the Collateral shall be less than the aggregate of the Secured Security Agreement (Second) Obligations, this Agreement and the security interest created hereby shall remain in full force and effect as to the unsold portion of the Collateral just as though no sale had been made; (e) in the event any sale hereunder is not completed or is defective in the opinion of Secured Party, such sale shall not exhaust the rights of Secured Party hereunder and Secured Party shall have the right to require Mortgagorcause a subsequent sale or sales to be made hereunder; (f) all statements of fact or other recitals made in any xxxx of sale or assignment or other instrument evidencing any foreclosure sale hereunder as to nonpayment of the indebtedness or as to the occurrence of any default, upon request or as to Secured Party having declared all of Lendersuch indebtedness to be due and payable, or as to assemble notice of time, place and make terms of sale and the Collateral available properties to Lender at a place reasonably convenient be sold having been duly given, as to Mortgagor any other act or thing having been duly done by Secured Party, shall be taken as prima facie evidence of the truth of the facts so stated and Lenderrecited; and (dg) The right Secured Party may appoint or delegate any one or more persons as agent to notify account debtorsperform any act or acts necessary or incident to any sale held by Secured Party, including the sending of notices and demand the conduct of sale, but in the name and receive payment therefrom. To effectuate the rights and remedies on behalf of Lender upon default, Mortgagor does hereby irrevocably appoint Lender attorney-in-fact for Mortgagor, with full power of substitution to sign, execute, and deliver any and all instruments and documents and do all acts and things to the same extent as Mortgagor could do, and to sell, assign, and transfer any collateral to Lender or any other partySecured Party.

Rights of a Secured Party. Upon the occurrence of an Event of Default, the Lender, in addition to any and all remedies it may have or exercise under this Mortgage, the Note, the Loan Agreement, the Assignment, any of the other Loan Documents, the Other Indebtedness Instruments or under applicable law, may immediately and without demand exercise any and all of the rights of a secured party upon default under the Uniform Commercial Code, all of which shall be cumulative. Such rights shall include, without limitation: (a) The right to take possession of the Collateral without judicial process and to enter upon any premises where the Collateral may be located for the purposes of taking possession of, securing, removing, and/or disposing of the Collateral without interference from Mortgagor Borrower and without any liability for rent, storage, utilities or other sums; (b) The right to sell, lease, or otherwise dispose of any or all of the Collateral, whether in its then condition or after further processing or preparation, at public or private sale; and unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender shall give to Mortgagor Borrower at least ten (10) days’ prior notice of the time and place of any public sale of the Collateral or of the time after which any private sale or other intended disposition of the Collateral is to be made, all of which Mortgagor Xxxxxxxx agrees shall be reasonable notice of any sale or disposition of the Collateral; (c) The right to require MortgagorBorrower, upon request of LenderXxxxxx, to assemble and make the Collateral available to Lender at a place reasonably convenient to Mortgagor Borrower and Lender; and (d) The right to notify account debtors, and demand and receive payment therefrom. To effectuate the rights and remedies of Lender upon default, Mortgagor does hereby irrevocably appoint Lender attorney-in-fact for Mortgagor, with full power of substitution to sign, execute, and deliver any and all instruments and documents and do all acts and things to the same extent as Mortgagor could do, and to sell, assign, and transfer any collateral to Lender or any other party.

Rights of a Secured Party. Upon the occurrence and during ------------------------- the continuance of an Event of Default, the Lender, in addition to any and Secured Party shall have all remedies it may have or exercise under this Mortgage, the Note, the Loan Agreement, the Assignment, any of the other Loan Documents, the Other Indebtedness Instruments or under applicable law, may immediately and without demand exercise any and all of the rights of a secured party upon after default under the Uniform Commercial CodeCode of Texas, all of which shall be cumulative. Such and in conjunction with, in addition to or in substitution Security Agreement (First) for those rights shall include, without limitationand remedies and the rights and remedies provided for herein and in the other Operative Documents: (a) The right written notice mailed to take possession of the Collateral without judicial process and to enter upon any premises where the Collateral may be located for the purposes of taking possession of, securing, removing, and/or disposing of the Collateral without interference from Mortgagor and without any liability for rent, storage, utilities or other sums; (b) The right to sell, lease, or otherwise dispose of any or all of the Collateral, whether in its then condition or after further processing or preparation, at public or private sale; and unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender shall give to Mortgagor at least Debtors as provided herein ten (10) days’ days prior notice to the date of the time and place of any public sale of the Collateral or of prior to the time date after which any private sale or other intended disposition of the Collateral is to will be made, all made shall constitute reasonable notice; (b) it shall not be necessary that the Collateral or any part thereof be present at the location of which Mortgagor agrees shall be reasonable notice of any sale or disposition of the Collateralsuch sale; (c) The prior to the application of the proceeds of any disposition of the Collateral to the Secured Obligations, such proceeds shall be applied to the expenses of retaking, holding, selling, and the like and the attorneys fees and legal expenses incurred by Secured Party, Debtors to remain liable for any deficiency; (d) the sale by Secured Party of less than the whole of the Collateral shall not exhaust the rights of Secured Party hereunder, and Secured Party is specifically empowered to make successive sale or sales hereunder until the whole of the Collateral shall be sold; and, if the proceeds of such sale of less than the whole of the Collateral shall be less than the aggregate of the Secured Obligations, this Agreement and the security interest created hereby shall remain in full force and effect as to the unsold portion of the Collateral just as though no sale had been made; (e) in the event any sale hereunder is not completed or is defective in the opinion of Secured Party, such sale shall not exhaust the rights of Secured Party hereunder and Secured Party shall have the right to require Mortgagorcause a subsequent sale or sales to be made hereunder; (f) all statements of fact or other recitals made in any xxxx of sale or assignment or other instrument evidencing any foreclosure sale hereunder as to nonpayment of the indebtedness or as to the occurrence of any default, upon request or as to Secured Party having declared all of Lendersuch indebtedness to be due and payable, or as to assemble notice of time, place and make terms of sale and the Collateral available properties to Lender at a place reasonably convenient be sold having been duly given, as to Mortgagor any other act or thing having been duly done by Secured Party, shall be taken as prima facie evidence of the truth of the facts so stated and Lenderrecited; and (dg) The right Secured Party may appoint or delegate any one or more Persons as agent to notify account debtorsperform any act or acts necessary or incident to any sale held by Secured Party, including the sending of notices and demand the conduct of sale, but in the name and receive payment therefrom. To effectuate the rights and remedies on behalf of Lender upon default, Mortgagor does hereby irrevocably appoint Lender attorney-in-fact for Mortgagor, with full power of substitution to sign, execute, and deliver any and all instruments and documents and do all acts and things to the same extent as Mortgagor could do, and to sell, assign, and transfer any collateral to Lender or any other partySecured Party.

Rights of a Secured Party. Upon the occurrence of an Event of Default, the LenderGrantee, in addition to any and all remedies it may have or exercise under this MortgageDeed to Secure Debt, the Note, the Loan Agreement, the Assignment, any of the other Loan Documents, the Other Indebtedness Instruments or under applicable law, may immediately and without demand exercise any and all of the rights of a secured party upon default under the Uniform Commercial Code, all of which shall be cumulative. Such rights shall include, without limitation: (aA) The right to take possession of the Collateral without judicial process and to enter upon any premises where the Collateral may be located for the purposes of taking possession of, securing, removing, and/or disposing of the Collateral without interference from Mortgagor Grantor and without any liability for rent, storage, utilities or other sums; (bB) The right to sell, lease, or otherwise dispose of any or all of the Collateral, whether in its then condition or after further processing or preparation, at public or private sale; and unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender Grantee shall give to Mortgagor Grantor at least ten (10) days’ ' prior notice of the time and place of any public sale of the Collateral or of the time after which any private sale or other intended disposition of the Collateral is to be made, all of which Mortgagor Grantor agrees shall be reasonable notice of any sale or disposition of the Collateral; (cC) The right to require MortgagorGrantor, upon request of LenderGrantee, to assemble and make the Collateral available to Lender Grantee at a place reasonably convenient to Mortgagor Grantor and LenderGrantee; and (dD) The right to notify account debtors, and demand and receive payment therefrom. To effectuate the rights and remedies of Lender Grantee upon default, Mortgagor Grantor does hereby irrevocably appoint Lender Grantee attorney-in-fact for MortgagorGrantor, with full power of substitution to sign, execute, and deliver any and all instruments and documents and do all acts and things to the same extent as Mortgagor Grantor could do, and to sell, assign, and transfer any collateral to Lender Grantee or any other party.

Rights of a Secured Party. Upon the occurrence of an Event of Default, the Lender, in addition to any and all remedies it may have or exercise under this Mortgage, the Note, the Loan Agreement, the Assignment, any of the other Loan Documents, the Other Indebtedness Instruments or under applicable law, may immediately and without demand demand, exercise any and all of the rights of a secured party upon default under the Uniform Commercial CodeCode or other applicable law, all of which shall be cumulative. Such rights shall include, without limitation: (ai) The right to take possession of the Collateral without judicial process and to enter upon any premises where the Collateral may be located for the purposes of taking possession of, securing, removing, and/or disposing of the Collateral without interference from Mortgagor and without any liability for rent, storage, utilities or other sums; (bii) The right to sell, lease, or otherwise dispose of any or all of the Collateral, whether in its then condition or after further processing or preparation, at public or private sale; and unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender shall give to Borrower and Mortgagor at least ten (10) days’ prior notice of the time and place of any public sale of the Collateral or of the time after which any private sale or other intended disposition of the Collateral is to be made, all of which Borrower and Mortgagor agrees agree shall be reasonable notice of any sale or disposition of the Collateral; (ciii) The right to require Mortgagor, upon request of Lender, to assemble and make the Collateral available to Lender at a place reasonably convenient to Mortgagor Borrower and Lender; and (div) The right to notify account debtors, and demand and receive payment therefrom. To effectuate the rights and remedies of Lender upon default, Mortgagor does hereby irrevocably appoint Lender attorney-in-fact for Mortgagor, with full power of substitution to sign, execute, and deliver any and all instruments and documents and do all acts and things to the same extent as Mortgagor could do, and to sell, assign, and transfer any collateral Collateral to Lender or any other party.

Rights of a Secured Party. Upon the occurrence of an Event of Default, the LenderGrantee, in addition to any and all remedies it may have or exercise under this MortgageDeed to Secure Debt, the Note, the Loan Agreement, the Assignment, any of the other Loan Documents, the Other Indebtedness Instruments or under applicable law, may immediately and without demand exercise any and all of the rights of a secured party upon default under the Uniform Commercial Code, all of which shall be cumulative. Such rights shall include, without limitation: (aA) The right to take possession of the Collateral without judicial process and to enter upon any premises where the Collateral may be located for the purposes of taking possession of, securing, removing, and/or disposing of the Collateral without interference from Mortgagor Grantor and without any liability for rent, storage, utilities or other sums; (bB) The right to sell, lease, or otherwise dispose of any or all of the Collateral, whether in its then condition or after further processing or preparation, at public or private sale; and unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender Grantee shall give to Mortgagor Grantor at least ten (10) days’ ' prior notice of the time and place of any public sale of the Collateral or of the time after which any private sale or other intended disposition of the Collateral is to be made, all of which Mortgagor Grantor agrees shall be reasonable notice of any sale or disposition of the Collateral; (cC) The right to require MortgagorGrantor, upon request of LenderGrantee, to assemble and make the Collateral available to Lender Grantee at a place reasonably convenient to Mortgagor Grantor and LenderGrantee; and (dD) The right to notify account debtors, and demand and receive payment therefrom. To effectuate the rights and remedies of Lender upon default, Mortgagor does hereby irrevocably appoint Lender attorney-in-fact for Mortgagor, with full power of substitution to sign, execute, and deliver any and all instruments and documents and do all acts and things to the same extent as Mortgagor could do, and to sell, assign, and transfer any collateral to Lender or any other party.

Rights of a Secured Party. Upon the occurrence of an Event of DefaultDefault that is continuing, the LenderMortgagee, in addition to any and all remedies it may have or exercise under this Mortgage, the Note, the Loan Agreement, the Assignment, any of the other Loan Documents, the Other Indebtedness Instruments Documents or under applicable law, may immediately and without demand demand, exercise any and all of the rights of a secured party upon default under the Uniform Commercial CodeUCC, all of which shall be cumulative. Such rights shall include, without limitation: (a) The right to take possession of the Collateral (as hereinafter defined in Section 3.05 hereof) without judicial process and to enter upon any premises where the Collateral may be located for the purposes of taking possession of, securing, removing, and/or disposing of the Collateral without interference from Mortgagor or any Borrower and without any liability for rent, storage, utilities or other sums; (b) The right to sell, lease, or otherwise dispose of any or all of the Collateral, whether in its then condition or after further processing or preparation, at public or private sale; , and unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender Mortgagee shall give to Mortgagor at least ten (10) days’ prior notice of the time and place of any public sale of the Collateral or of the time after which any private sale or other intended disposition of the Collateral is to be made, all of which Mortgagor agrees shall be reasonable notice of any sale or disposition of the Collateral; (c) The right to require Mortgagor, upon request of LenderMortgagee, to assemble and make the Collateral available to Lender Mortgagee at a place reasonably convenient to Mortgagor and LenderMortgagee; and (d) The right to notify account debtorsdebtors for obligations in which Mortgagee has an interest as set forth in this Mortgage, and demand and receive payment therefrom. To effectuate the rights and remedies of Lender Mortgagee upon defaultand during the continuance of an Event of Default, Mortgagor does hereby irrevocably appoint Lender Mortgagee attorney-in-fact for Mortgagor, with full power of substitution following the occurrence and during the continuance of an Event of Default to sign, execute, and deliver any and all instruments and documents and do all acts and things to the same extent as Mortgagor could do, and to sell, assign, and transfer any collateral Collateral to Lender Mortgagee or any other party.