ALSO WAIVES ANY DEFENSE SELLER MIGHT OTHERWISE HAVE ARISING FROM
THE USE OF NONJUDICIAL PROCESS, DISPOSITION OF ANY OR ALL OF THE PURCHASED
LOANS, OR FROM ANY OTHER ELECTION OF REMEDIES. SELLER RECOGNIZES THAT
NONJUDICIAL REMEDIES ARE CONSISTENT WITH THE USAGES OF THE TRADE, ARE RESPONSIVE
TO COMMERCIAL NECESSITY AND ARE THE RESULT OF A BARGAIN AT ARM'S LENGTH.
(IX)
TO THE EXTENT THAT APPLICABLE LAW IMPOSES DUTIES ON BUYER TO
EXERCISE REMEDIES IN A COMMERCIALLY REASONABLE MANNER, SELLER ACKNOWLEDGES AND
AGREES THAT IT IS NOT COMMERCIALLY UNREASONABLE FOR BUYER (I) TO FAIL TO INCUR
EXPENSES REASONABLY DEEMED SIGNIFICANT BY BUYER TO PREPARE THE PURCHASED LOANS
FOR DISPOSITION OR OTHERWISE TO COMPLETE RAW MATERIAL OR WORK IN PROCESS INTO
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FINISHED GOODS OR OTHER FINISHED PRODUCTS FOR DISPOSITION, (II) TO FAIL TO
OBTAIN THIRD PARTY CONSENTS FOR ACCESS TO PURCHASED LOANS TO BE DISPOSED OF, OR
TO OBTAIN OR, IF NOT REQUIRED BY OTHER LAW, TO FAIL TO OBTAIN GOVERNMENTAL OR
THIRD PARTY CONSENTS FOR THE COLLECTION OR DISPOSITION OF THE PURCHASED LOANS TO
BE COLLECTED OR DISPOSED OF, (III) TO FAIL TO EXERCISE COLLECTION REMEDIES
AGAINST PERSONS OBLIGATED ON THE PURCHASED LOANS OR TO REMOVE LIENS ON OR ANY
ADVERSE CLAIMS AGAINST THE PURCHASED LOANS, (IV) TO EXERCISE COLLECTION REMEDIES
AGAINST PERSONS OBLIGATED ON THE PURCHASED LOANS DIRECTLY OR THROUGH THE USE OF
COLLECTION AGENCIES AND OTHER COLLECTION SPECIALISTS, (V) TO ADVERTISE
DISPOSITIONS OF THE PURCHASED LOANS THROUGH PUBLICATIONS OR MEDIA OF GENERAL
CIRCULATION, WHETHER OR NOT THE PURCHASED LOANS ARE OF A SPECIALIZED NATURE,
(VI) TO CONTACT OTHER PERSONS, WHETHER OR NOT IN THE SAME BUSINESS AS SELLER,
FOR EXPRESSIONS OF INTEREST IN ACQUIRING ALL OR ANY PORTION OF SUCH PURCHASED
LOANS, (VII) TO HIRE ONE OR MORE PROFESSIONAL AUCTIONEERS TO ASSIST IN THE
DISPOSITION OF THE PURCHASED LOANS, WHETHER OR NOT THE PURCHASED LOANS ARE OF A
SPECIALIZED NATURE, (VIII) TO DISPOSE OF THE PURCHASED LOANS BY UTILIZING
INTERNET SITES THAT PROVIDE FOR THE AUCTION OF ASSETS OF THE TYPES INCLUDED IN
THE PURCHASED LOANS OR THAT HAVE THE REASONABLE CAPACITY OF DOING SO, OR THAT
MATCH BUYERS AND SELLERS OF ASSETS, (IX) TO DISPOSE OF ASSETS IN WHOLESALE
RATHER THAN RETAIL MARKETS, (X) TO DISCLAIM DISPOSITION WARRANTIES, SUCH AS
TITLE, POSSESSION OR QUIET ENJOYMENT, (XI) TO PURCHASE, AT BUYER'S EXPENSE,
INSURANCE OR CREDIT ENHANCEMENTS TO INSURE BUYER AGAINST RISKS OF LOSS,
COLLECTION OR DISPOSITION OF THE PURCHASED LOANS OR TO PROVIDE TO BUYER A
GUARANTEED RETURN FROM THE COLLECTION OR DISPOSITION OF THE PURCHASED LOANS, OR
(XII) TO THE EXTENT DEEMED APPROPRIATE BY BUYER, TO OBTAIN THE SERVICES OF OTHER
BROKERS, INVESTMENT BANKERS, CONSULTANTS AND OTHER PROFESSIONALS TO ASSIST BUYER
IN THE COLLECTION OR DISPOSITION OF ANY OF THE PURCHASED LOANS. SELLER
ACKNOWLEDGES THAT THE PURPOSE OF THIS SECTION 14(IX) IS TO PROVIDE
NON-EXHAUSTIVE INDICATIONS OF WHAT ACTIONS OR OMISSIONS BY BUYER WOULD NOT BE
COMMERCIALLY UNREASONABLE IN BUYER'S EXERCISE OF REMEDIES AGAINST THE PURCHASED
LOANS AND THAT OTHER ACTIONS OR OMISSIONS BY BUYER SHALL