Agenda - Council - 08/06/2018 - Laserfiche WebLink

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(b) Until the termination of this Agreement, Borrower shall perform any and all steps and take all actions requested by Lender from time to time to perfect, maintain, protect, and enforce Lender's security interest in, and lien on, the TIF Agreement, including (i) executing and delivering all appropriate documents and instruments as Lender may determine are necessary or desirable to perfect, preserve, or enforce Lender's interest in the TIF Agreement, including financing statements, all in form and substance satisfactory to Lender, (iii) placing notations on Borrower's books of account to disclose Lender's security interest and lien therein, and (iv) taking such other steps and actions as deemed reasonably necessary or desirable by Lender to perfect and enforce Lender's security interest in, and lien on, and other rights and interests in, the TIF Agreement. (c) Borrower hereby irrevocably authorizes Lender at any time and from time to time to file in any filing office in any jurisdiction any initial financing statements and amendments thereto that (i) indicate the TIF Agreement as being collateral, and (ii) provide any other information required by applicable law for the sufficiency or filing office acceptance of any financing statement or amendment. Borrower hereby irrevocably authorizes Lender at any time and from time to time to correct or complete, or to cause to be corrected or completed, any financing statements, continuation statements or other such documents as have been filed naming Borrower as debtor and Lender as secured party. Borrower agrees to furnish any such information to Lender promptly upon request. At Lender's request, Borrower will execute notices appropriate under any applicable requirements of law that Lender deems desirable to evidence, perfect, or protect its security interest in and other liens on the TIF Agreement in such form(s) as are satisfactory to Lender. Borrower will pay the cost of filing all financing statements and other notices in all public offices where filing is deemed by Lender to be necessary or desirable to perfect, protect or enforce the security interest and lien granted to Lender hereunder. A carbon, photographic, photostatic or other reproduction of this Agreement or of a financing statement is sufficient as a financing statement. Lender is hereby authorized to give notice to any creditor or any other person as may be necessary or desirable under applicable laws to evidence, protect, perfect, or enforce the security interest and lien granted to Lender in the TIF Agreement. 2. OBLIGATIONS SECURED HEREBY This Agreement secures the payment and performance of the Note and all other "Secured Obligations" as defined in the Mortgage. 3. WARRANTIES OF BORROWER Borrower warrants that (i) Borrower is the owner of the TIF Agreement free and clear of all liens and security interests except the security interest granted herein, (ii) Borrower has the right to make this Agreement, and (iii) no default or event of default has occurred and is continuing under the TIF Agreement. ASSIGNMENT OF RIGHTS UNDER TIF AGREEMENT 110191-0084/140727390.1 7/30/18 PAGE 2