AND
(7)
ANY AND ALL STATEMENTS OF FACT OR OTHER
RECITALS MADE IN ANY BILL OF SALE OR ASSIGNMENT OR OTHER INSTRUMENT EVIDENCING
ANY FORECLOSURE SALE HEREUNDER AS TO NONPAYMENT OF THE INDEBTEDNESS OR AS TO THE
OCCURRENCE OF ANY DEFAULT, OR AS TO TIMET HAVING DECLARED ALL OF SUCH
INDEBTEDNESS TO BE DUE AND PAYABLE, OR AS TO NOTICE OF TIME, PLACE AND TERMS OF
SALE AND OF THE PROPERTIES TO BE SOLD HAVING BEEN DULY GIVEN, OR AS TO ANY OTHER
ACT OR THING HAVING BEEN DULY DONE BY TIMET, SHALL BE TAKEN AS PRIMA FACIE
EVIDENCE OF THE TRUTH OF THE FACTS SO STATED AND RECITED; AND
(8)
TIMET MAY APPOINT OR DELEGATE ANY ONE OR
MORE PERSONS AS AGENT TO PERFORM ANY ACT OR ACTS NECESSARY OR INCIDENT TO ANY
SALE HELD BY TIMET, INCLUDING THE SENDING OF NOTICES AND THE CONDUCT OF THE
SALE, BUT IN THE NAME AND ON BEHALF OF TIMET.
(VI)
ALL REMEDIES HEREIN EXPRESSLY PROVIDED FOR ARE
CUMULATIVE OF ANY AND ALL OTHER REMEDIES EXISTING AT LAW OR IN EQUITY AND ARE
CUMULATIVE OF ANY AND ALL OTHER REMEDIES PROVIDED FOR IN ANY OTHER INSTRUMENT
SECURING THE PAYMENT OF THE DEBT OBLIGATIONS, OR ANY PART THEREOF, OR OTHERWISE
BENEFITING TIMET, AND TIMET SHALL, IN ADDITION TO THE REMEDIES HEREIN PROVIDED,
BE ENTITLED TO AVAIL ITSELF OF ALL SUCH OTHER REMEDIES AS MAY NOW OR HEREAFTER
EXIST AT LAW OR IN EQUITY FOR THE ENFORCEMENT OF THE COVENANTS HEREIN AND THE
FORECLOSURE OF THE LIENS AND SECURITY INTERESTS EVIDENCED HEREBY, AND THE RESORT
TO ANY REMEDY PROVIDED FOR HEREUNDER OR UNDER ANY SUCH OTHER INSTRUMENT
14
OR PROVIDED FOR BY LAW SHALL NOT PREVENT THE CONCURRENT OR SUBSEQUENT EMPLOYMENT
OF ANY OTHER APPROPRIATE REMEDY OR REMEDIES.
(VII)
TO THE FULLEST EXTENT PERMITTED BY LAW, TIMET
MAY RESORT TO ANY SECURITY GIVEN BY THIS AGREEMENT OR TO ANY OTHER SECURITY NOW
EXISTING OR HEREAFTER GIVEN TO SECURE THE PAYMENT OF THE DEBT OBLIGATIONS, IN
WHOLE OR IN PART, AND IN SUCH PORTIONS AND IN SUCH ORDER AS MAY SEEM BEST TO
TIMET IN ITS SOLE AND UNCONTROLLED DISCRETION, AND ANY SUCH ACTION SHALL NOT IN
ANYWISE BE CONSIDERED AS A WAIVER OF ANY OF THE RIGHTS, BENEFITS, LIENS OR
SECURITY INTERESTS EVIDENCED BY THIS AGREEMENT.
(VIII)
TO THE FULL EXTENT HAYNES MAY DO SO, HAYNES AGREES
THAT IT WILL NOT AT ANY TIME INSIST UPON, PLEAD, CLAIM OR TAKE THE BENEFIT OR
ADVANTAGE OF ANY LAW NOW OR HEREAFTER IN FORCE PERTAINING TO THE RIGHTS AND
REMEDIES OF SURETIES OR REDEMPTION, AND HAYNES, FOR ITSELF AND ITS
REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND FOR ANY AND ALL PERSONS EVER
CLAIMING ANY INTEREST IN THE OPERATING ASSETS, TO THE EXTENT PERMITTED BY LAW,
HEREBY WAIVES AND RELEASES ALL RIGHTS OF REDEMPTION, VALUATION, APPRAISEMENT,
STAY OF EXECUTION, NOTICE OF INTENTION TO MATURE OR DECLARE DUE THE WHOLE OF THE
SECURED INDEBTEDNESS, NOTICE OF ELECTION TO MATURE OR DECLARE DUE THE WHOLE OF
THE SECURED INDEBTEDNESS,