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7.5. SR 07-15-2013
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7.5. SR 07-15-2013
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hereafter exist at law or in equity for the collection of the Note, and the enforcement of the <br /> covenants herein and the foreclosure of the liens and security interest evidenced hereby, and the <br /> resort to any remedy provided for hereunder or under any such other instrument or provided for by <br /> law shall not prevent the concurrent or subsequent employment of any other appropriate remedy or <br /> remedies. <br /> SECTION 6.6: Right to Discontinue Proceedings. In the event Mortgagee shall have proceeded <br /> to invoke any right, remedy or recourse permitted under this Mortgage and shall thereafter elect to <br /> discontinue or abandon the same for any reason, Mortgagee shall have the unqualified right to do so <br /> and in such event Mortgagor and Mortgagee shall be restored to their former positions with respect <br /> to the Indebtedness Secured Hereby. This Mortgage, the Property and all rights, remedies and <br /> recourse of the Mortgagee shall continue as if the same had not been invoked. <br /> SECTION 6.7: Acknowledgement of Waiver of Hearing Before Sale. Mortgagor understands <br /> and agrees that if any default is made under the terms of this Mortgage, Mortgagee has the right <br /> inter alia, to foreclose this Mortgage by advertisement pursuant to Minnesota Statutes Chapter 580, <br /> as hereafter amended, or pursuant to any similar or replacement statute hereafter enacted; that if the <br /> Mortgagee elects to foreclose by advertisement, it may cause the Property, or any part thereof, to be <br /> sold at public auction; that notice of such sale must be published for six (6) successive weeks at <br /> least once a week in a newspaper of general circulation and that no personal notice is required to be <br /> served upon Mortgagor. Mortgagor further understands that under the Constitution of the United <br /> States and the Constitution of the State of Minnesota, it may have the right to notice and hearing <br /> before the Property may be sold and that the procedure for foreclosure by advertisement described <br /> above does not insure that notice will be given to the Mortgagor and said procedure for foreclosure <br /> by advertisement does not require any hearing or other judicial proceeding. MORTGAGOR <br /> HEREBY RELINQUISHES, WAIVES AND GIVES UP ANY CONSTITUTIONAL RIGHTS IT <br /> MAY HAVE TO NOTICE AND HEARING BEFORE SALE OF THE PROPERTY AND <br /> EXPRESSLY CONSENTS AND AGREES THAT THE PROPERTY MAY BE FORECLOSED <br /> BY ADVERTISEMENT AS DESCRIBED ABOVE. MORTGAGOR ACKNOWLEDGES THAT <br /> IT IS REPRESENTED BY LEGAL COUNSEL OR THAT IT HAD THE OPPORTUNITY TO <br /> CONSULT WITH LEGAL COUNSEL; THAT BEFORE SIGNING THIS DOCUMENT THIS <br /> PARAGRAPH AND MORTGAGOR'S CONSTITUTIONAL RIGHTS WERE FULLY <br /> EXPLAINED BY SUCH COUNSEL AND THAT MORTGAGOR UNDERSTANDS THE <br /> NATURE AND EXTENT OF THE RIGHTS WAIVED HEREBY AND THE EFFECT OF SUCH <br /> WAIVER. <br /> ARTICLE SEVEN <br /> MISCELLANEOUS <br /> SECTION 7.1: Release of Mortiase. When all Indebtedness Secured Hereby has been paid, this <br /> Mortgage and all assignments herein contained shall be void and this Mortgage shall be released by <br /> the Mortgagee at the cost and expense of the Mortgagor, otherwise to remain in full force and effect. <br /> SECTION 7.2: Choice of Law. This Mortgage is made and executed under the laws of the State <br /> of Minnesota and is intended to be governed by the laws of said State. <br /> 171419vi 30 <br />
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