Laserfiche WebLink
(c) notify obligors on the Collateral to pay Secured Party directly and enforce Debtor's rights against such <br />obligors; and <br />(d) as Debtor's agent, make any endorsements in Debtor's name and on Debtor's behalf. <br />3. Foreclosure ofthis security interest by suit does not limit Secured Party's remedies. Secured Party may exercise <br />all remedies at the same or different times, and no remedy is a defense to any other. Secured Party's rights and <br />remedies include all those granted by law and those specified in this agreement. <br />4. Secured Party's delay in exercising, partial exercise of, or failure to exercise any of its remedies or rights does <br />not waive Secured Party's rights to subsequently exercise those remedies or rights. Secured Party's waiver of <br />any default does not waive any other default by Debtor. Secured Pariy's waiver of any right in this agreement <br />or of any default is binding only if it is in writing. Secured Party may remedy any default without waiving it. <br />5. At any time Secured Party may contact obligors on the Collateral directly to verify information furnished by <br />Debtor. <br />6. Secured Party has no obligation to collect any of the Collateral and is not liable for failure to collect any of the <br />Collateral, for failure to preserve any rights pertaining to the Collateral, or for any act or omission on the part <br />of Secured Party or Secured Pariy's officers, agents, or employees, except willful misconduct. <br />7. Secured Party has no obligation to satisfy the Obligation by attempting to collect the Obligation from any other <br />person liable for it. Secured Party may release, modify, or waive any collateral provided by any other person <br />to secure any of the Obligation. If Secured Party attempts to collect the Obligation from any other entity liable <br />for it, or releases, modified or waives any collateral provided by any other entity, that will not affect Secured <br />Party's rights against Debtor. Debtor waives any right Debtor may have to require Secured Party to pursue any <br />third entity for any of the Obligation. <br />8. Secured Party may sell the Collateral without giving any warranties as to the Collateral. Secured Party may <br />specifically disclaim any warranties of title, or the like. This procedure will not be considered to adversely <br />affect the commercial reasonableness of a sale of the Collateral. <br />9. Secured Party has no obligation to marshal any assets in favor of Debtor or against or in payment of the Note, <br />or any other obligation owed to Secured Party by Debtor or any other person. <br />E. General: <br />1. This agreement binds, benefits and may be enforced by the successors in interest of Secured Party. Assignment <br />of any part of the Obligarion and Secured Party's delivery of any part of the Collateral will fully discharge <br />Secured Party from responsibility for that part of the Collateral. If such an assignment is made, Debtor will <br />render performance under this agreement to assignee. Debtor waives and will not assert against any assignee <br />any claims, defenses, or setoffs that Debtor could assert against Secured Party except defenses that cannot be <br />waived. All representations, warranties and obligarions are joint and several as to each Debtor. <br />2. This agreement may be amended only by an instrument in writing signed by Secured Party and Debtor. <br />3. The unenforceability of any provision of this agreement wiil not affect the enforceability or validity of any other <br />provision. <br />4. This agreement will be construed according to Texas law, without regard to choice-of-law rules of any <br />jurisdiction. This agreement is to be performed in Lamar County, Texas; and has been signed by Debtor in the <br />County of Secured Party's mailing address. <br />5. Interest on the Obligation secured by this ageement will not exceed the maximum amount of nonusurious <br />interest that may be contracted for, taken, reserved, charged or received under law. Any interest in excess of <br />that maximum amount will be credited on the principal of the Obligation or, if that has been paid, refunded. <br />On any acceleration or required or permitted prepayment, any such excess will be cancelled automatically as <br />