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ESBLPLSA <br /> <br />8. Further Remedies – In addition to the remedies described in paragraph 7, upon the occurrence of an <br />Event of Default the County may avail itself of all the rights and remedies of a secured party under <br />the UCC, and at its option may: <br />8.1 Enter upon Borrower’s premises to take possession of the Collateral or to render it unusable, or <br />require Borrower to assemble the Collateral at any place designated by County reasonably <br />convenient to the parties; <br /> <br />8.2 Give notice to the Borrower before taking any action pursuant to the UCC Financing Statement <br />by mailing such notice to the Borrower’s address as shown in this Agreement, at least ten (10) <br />days before the proposed action. <br /> <br />8.3 Use the proceeds of the disposition of any Collateral to pay and discharge the Borrower’s <br />obligations as set forth in this Agreement and in the Note; and <br /> <br />8.4 Without other notice (except as set forth below or in the other documents executed and <br />delivered pursuant to or in connection with the making of the loan contemplated by this <br />Agreement) or demand whatsoever to the Borrower, all of which are hereby waived (to the <br />extent permitted by law), and without advertisement, sell at public or private sale or otherwise <br />realize upon, the whole, or from time to time, any part of the collateral, or any interest which the <br />Borrower may have therein. <br /> <br />8.5 If any automobile is part of the Collateral, the Borrower agrees that a sale by the County of such <br />vehicle at a price based upon a recognized automobile quotation, publication or a sale at a <br />recognized automobile wholesale auction shall be deemed “commercially reasonable.” <br /> <br />9. Financial records after a default – At any time the Borrower is in default or a payment due under the <br />Agreement is not made, the Borrower hereby authorizes the County to make or cause to be made, <br />at the Borrower’s expense and in such manner and at such times as the County require, (a) <br />inspections and audits of any books, records, and papers in custody or control of the Borrower or <br />others, relating to the Borrower’s financial or business conditions, including the making of copies <br />thereof and extracts thereof, and (b) inspections and appraisals of any Borrower assets. Should the <br />Borrower fail to make any payment due under the Agreement, the Borrower will furnish to the County <br />for each one-month period from the date of disbursement of the loan proceeds covered by this <br />Agreement, and for a six-month period thereafter, and semiannually thereafter (no later than 30 days <br />following the expiration of any such period), and at such other times and in such form as the County <br />may prescribe, the financial and operating statement of the business. <br /> <br />10. Costs and expenses related to remedial action - The Borrower agrees that all costs and expenses <br />(including reasonable attorneys’ fees and expenses for legal services of every kind) of, or incidental <br />to, the custody, care, management, sale or collection of, or realization upon, any of the Collateral, or <br />in any way relating to the enforcement or protection of the County’s rights under this Agreement, <br />shall be entitled to the benefits of this Agreement. The County may at any time apply to the payment <br />of all such costs and expenses all monies of the Borrower or other proceeds arising from the <br />possession or disposition of all or any portion of the Collateral. <br /> <br />DocuSign Envelope ID: 6F1DFC91-A571-4D56-8A22-33193DA8C255