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Agenda - 06-24-1986
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Agenda - 06-24-1986
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BOCC
Date
6/24/1986
Meeting Type
Regular Meeting
Document Type
Agenda
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and redemption laws and any statute of limitations, now or <br /> hereafter in force, and all rights of marshalling in the <br /> event of the sale of the Collateral or any part thereof or <br /> any interest therein. <br /> (f) Each legal, equitable or contractual right, power <br /> or remedy of the Secured Party now or hereafter provided <br /> herein or by statute or otherwise shall be cumulative and <br /> concurrent and shall be in addition to every other right , <br /> power and remedy, and the exercise or beginning of the exer- <br /> cise by the Secured Party of any one or more of such rights , <br /> powers and remedies shall not preclude the simultaneous or <br /> later exercise of any or all such other rights, powers and <br /> remedies. <br /> Section 5. Application of Proceeds. The proceeds of (a) <br /> the operation and management of the Collateral pursuant to Sec- <br /> tion 4 hereof, (b) any sale of the Collateral or any part thereof <br /> or any interest therein, whether pursuant to foreclosure, power <br /> of sale or otherwise, and (c) any insurance policies or Eminent <br /> Domain (as such term is defined in the Loan Agreement) awards or <br /> other sums (other than awards or sums to which the Company is en- <br /> titled to under the Loan Agreement) retained by the Secured Party <br /> upon the occurrence of an event of default shall be applied to <br /> pay: <br /> First : The costs and expenses of the sale, reasonable <br /> attorneys ' fees, the Secured Party's fees and expenses, <br /> court costs and any other expenses or advances made or in- <br /> curred in the protection of the rights of the Secured Party <br /> or in the pursuance of any remedies hereunder; <br /> Second: Any indebtedness secured by this Security <br /> Agreement and at the time due and payable (whether by accel- <br /> eration or otherwise) , including all amounts of principal <br /> and interest at the time due and payable with respect to the <br /> Note, and interest on any overdue principal of, and ( to the <br /> extent permitted by applicable law) interest on the Note at <br /> a rate per annum equal to the Alternative Rate of Interest <br /> (as defined in the Loan Agreement) ; and <br /> Third: The balance, if any, to the persons then en- <br /> titled thereto under the Loan Agreement. <br /> Section 6. General Covenant. The Company shall pay the <br /> principal of and premium, if any, and interest on the Note and <br /> shall observe and perform all covenants, conditions and agree- <br /> ments contained in the Note, and any amendments and supplements <br /> thereto. <br /> 8. <br />
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