Is the Secured Party obligated to protect its security interest in the Collateral for Anago?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
If Debtor fails to make any payment or do any act as herein required, then Secured Party, without obligation to do so and without notice to or demand upon Debtor, may make such payments and do such acts as Secured Party may deem necessary to protect its security interest in the Collateral, Secured Party being hereby authorized (without limiting the general nature of the authority hereinabove conferred) to take possession of the Collateral or any part thereof and to pay, purchase, contest or compromise any security interest, encumbrance, charge or lien which, in the judgment of Secured Party, appears to be prior or superior to or to jeopardize the security interest granted hereby, and in exercising any such powers and authority to incur necessary expenses, including attorneys' fees.
Debtor hereby agrees to repay immediately and without demand all sums expended by Secured Party pursuant to the provisions of this paragraph.
To pay before delinquency, all taxes, assessments and liens now or hereafter imposed on the Collateral, and to maintain in force at all times, fire and other insurance policies (including all risk, and earthquake insurance) on the Collateral.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the secured party, which is Anago Franchising, Inc., does not have an obligation to protect its security interest in the collateral. However, Anago has the option to take actions it deems necessary to protect its security interest in the collateral without any obligation to do so.
Specifically, if the debtor (the franchisee) fails to make any payment or perform any required act, Anago, without being obligated and without notice to the franchisee, can make payments and perform acts it deems necessary to protect its security interest in the collateral. Anago is authorized to take possession of the collateral, pay, purchase, contest, or compromise any security interest, encumbrance, charge, or lien that could jeopardize its security interest.
The franchisee is responsible for repaying all sums expended by Anago to protect the collateral. This includes paying all taxes, assessments, and liens on the collateral before they become delinquent, and maintaining fire and other insurance policies on the collateral.