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Res 1993-213
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Res 1993-213
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7/5/2007 4:05:40 PM
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7/5/2007 4:05:40 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1993-213
Date
12/6/1993
Volume Book
113
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<br /> , - " F:J.-ß <br /> . " <br /> Security Agreement <br /> 2. In~urance. If Debtor fails to maintain insurance as required by this agreement or otherwi,e by Secured Party. then <br /> Secured Party may purchase single-interest insurance coverage that will protect only Secured Party, If Secured Party <br /> purchases this insurance. its premiums will become part of the obligation. <br /> Events of Default <br /> Each of the following conditions is an event of default: <br /> 1. if Debtor defaults in timely payment or performance of any obligation. covenant. or liability in any written <br /> agreement between Debtor and Secured Party or in any other transaction secured by this agreement: <br /> 2. if any warranty. covenant. or representation made to Secured Party by or on behalf of Debtor proves to have been <br /> false in any material respect when made: <br /> 3. if a receiver is appointed for Debtor or any of the collateral: <br /> 4. if the collateral is assigned for the benefit of creditors or. to the extent permitted by law. if bankruptcy or <br /> insolvency proceedings commence against or by any of these parties: Debtor; any partnership of which Debtor is a general <br /> partner: and any maker. drawer. acceptor. endorser. guarantor. surety. accommodation party. or other person liable on or for <br /> any part oí the obligation: <br /> 5. if any financing statement regarding the collateral but not related to this security interest and not favoring Secured <br /> Party is filed: <br /> 6. if any lien attaches to any of the collateral: and <br /> 7. if any of the collateral is lost. stolen. damaged. or destroyed. unless it is promptly replaced with collateral of like <br /> quality or restored to its former condition. <br /> Remedies of Seçured Part)' on Default <br /> . <br /> During the existence of any event of default. Secured Party may declare the unpaid principal and earned interest of the <br /> obligation immediately due in whole or part. enforce the obligation. and exercise any rights and remedies granted by chapter <br /> 9 of the Te,'(as Business and Commerce Code or by this agreement. including the following: <br /> I. require Debtor to deliver to Secured Party all books and records relating to the collateral: <br /> 2, require Debtor to assemble the collateral and make it available to Secured Party at a place reasonably convenient <br /> to both parties; <br /> 3. take possession of any of the collateral and for this purpose enter any premises where it is located if this can b.: <br /> done without breach of the peace: <br /> 4. sell. lease. or otherwise dispose of any of the collateral in accord with the rights. remedies. and duties of a secured <br /> party under chapters 2 and 9 of the Texas Business and Commerce Code after giving notice as required by those chapters: <br /> unless the collateral threatens to decline speedily in value. is perishable. or would typically be sold on a recognized market. <br /> Secured Party will give Debtor reasonable notice of any public sale of the collateral or of a time after which it may be <br /> otherwise disposed of without further notice to Debtor. in this event. notice will be deemed reasonable if it is mailed. postage <br /> prepaid. to Debtor at the address specified in this agreement at least ten days before any public sale or ten days before the <br /> time when the collateral may be otherwise disposed of wit~out further notice to Debtor: <br /> 5. suITender any insurance policies covering the collateral and receive the unearned premium: <br /> 6. apply any proceeds from disposition of the collateral after default in the manner specified in chapter 9 of the Teus <br /> Business and Commerce Code. including payment of Seéured Party's reasonable attorney's fees and court expenses: and <br /> 7. if disposition of the collateral leaves the obligation unsatisfied. collect the deficiency from Debtor. <br /> General Pro'.:isions <br /> 1. Parties Bound. Secured Party's rights under this agreement shall inure to the benefit of its successors and assigns, <br /> Assignment of any part of the obligation and delivery by Secured Party of any part of the collateral will fully discharge <br /> Secured Party from responsibility for that part of the collateral. If Debtor is more than one. all their representations. <br /> warranties. and agreements are joint and several. Debtor's obligations under this agreement shalI bind Debtor's personal <br /> representatives. successors. and assigns. <br /> C) 1992 STATE BAR OF TEXAS <br />
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