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7.5. SR 07-15-2013
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7.5. SR 07-15-2013
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(e) It is expressly understood and agreed by Mortgagor that in the event of any foreclosure or <br /> other sale under this Mortgage by virtue of judicial proceeding, advertisement or otherwise, the <br /> Property may be sold as one parcel without exhausting Mortgagee's right, except as the same may <br /> be limited by applicable law, to such remedy for any unsatisfied part of the Borrower's indebtedness <br /> under the Note and this Mortgage or the Agreement, and without exhausting the power to exercise <br /> such remedy for any other part of said indebtedness, whether matured at the time or subsequently <br /> maturing. If a part of the Property is sold pursuant to this Section 6.2 and the proceeds thereof do <br /> not fully pay and satisfy the Borrower's indebtedness under the Note, and the Agreement, such sale, <br /> if so made, shall not in any manner affect the unpaid and unsatisfied part of said indebtedness; or <br /> (f) Exercise any and all remedies available to Mortgagee under the Agreement and any and all <br /> rights under the laws of the State of Minnesota,whether or not herein specified. <br /> The exercise of any right or remedy with respect to any part of the Property shall not affect the <br /> availability of any other of Mortgagee's rights and remedies under other applicable law or this <br /> Mortgage. All expenses (including any receivers' fees, attorneys' fees, costs and agents' <br /> compensation) incurred by Mortgagee pursuant to the powers herein contained shall be secured <br /> hereby and shall bear interest from the date incurred at the rate provided in the Note until paid by <br /> Mortgagor. <br /> SECTION 6.3: Receiver. Upon the occurrence and continuance of an Event of Default hereunder <br /> and after the expiration of any applicable cure periods, the Mortgagee shall be entitled as a matter of <br /> right without notice and without giving bond and without regard to the solvency or insolvency of <br /> the Mortgagor, or waste of the Property or adequacy of the security of the Property, to apply for the <br /> appointment of a receiver in accordance with the statutes and law made and provided for who shall <br /> collect the rents, and all other income of any kind; manage the Property so to prevent waste; <br /> complete construction of the Project (as defined in the Agreement) already under construction and <br /> pay for the same;pay all expenses for normal maintenance of the Property and perform the terms of <br /> this Mortgage and apply the rents, issues and profits in the following order: (a)to the payment of the <br /> reasonable fees of said receiver; (b) to the payment when due of prior or current real estate taxes or <br /> special assessments with respect to the Property or, if required by this Mortgage, payment of the <br /> periodic escrow for payment of the taxes or special assessments; (c) to the payment when due of <br /> premiums for insurance of the type required by this Mortgage or, if required by this Mortgage, <br /> payment of the periodic escrow for the payment of the premiums; and (d) to the repayment of the <br /> Indebtedness Secured Hereby and to or for the construction of the Improvements, operation, <br /> maintenance, upkeep and repair of the Property, including payment of taxes on the Property and <br /> payments of premiums of insurance on the Property. The Mortgagor does hereby irrevocably <br /> consent to such appointment. <br /> SECTION 6.4: Rights Under Uniform Commercial Code. Intentionally deleted. <br /> SECTION 6.5: Remedies are Cumulative. All remedies herein expressly provided for are <br /> cumulative of any and all other remedies existing at law or in equity and are cumulative of any and <br /> all other remedies provided for in any other instrument securing the payment of the Note or relating <br /> to same, or any part thereof, or otherwise benefiting Mortgagee and Mortgagee shall, in addition to <br /> the remedies herein provided, be entitled to avail itself of all such other remedies as may now or <br /> 171419v1 29 <br />
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