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2.2 Other Performance Failure. The Mortgagor's failure duly to observe or <br /> perform any of the other terms, conditions, covenants or agreements required to be <br /> observed or performed by Mortgagor hereunder or in the Entity Guaranty and the <br /> continuation of such failure for a period of thirty (30) days after Mortgagee gives <br /> Mortgagor written notice of such failure. <br /> 2.3 Breach of Warranty of Title. Subject to Mortgagor's right to contest in <br /> good faith as set forth in Section 1.4 hereof, the breach of any warranty of title or any <br /> other warranty made by Mortgagor hereunder. <br /> 2.4 Misrepresentation. The making of any material misstatement in any <br /> financial statement or report submitted to Mortgagee by or on behalf of Mortgagor. <br /> 2.5 Foreclosure. The institution of a foreclosure or other enforcement <br /> proceedings by the holder of any other lien on the Mortgaged Property (without hereby <br /> implying Mortgagee's consent to any mortgage or other lien). <br /> 2.6 Sale of Property. The sale, assignment, conveyance, mortgage, <br /> encumbrance, lease or transfer o£ (i) Mortgagor's interest in the Mortgaged Property or <br /> any part thereof, or any interest ,rein; or (ii) any transfer in ownership or control of <br /> Mortgagor, without the prior consent of Mortgagee, which consent may be <br /> granted or withheld by Mortgagee "ts ,, iscretion. <br /> 449 <br /> 2.9 Breach of Other Agreements, etc. Any default or breach under any other <br /> note, mortgage or other obligation of Mortgagor now held or hereafter acquired by <br /> Mortgagee or City, or any other failure to comply with the terms and conditions thereof <br /> and the continuance thereof beyond any applicable notice and/or cure period contained <br /> therein. <br /> .. <br /> ARTICLE THREE <br /> ACCELERATION FORECLOSURE, OTHER REMEDIES <br /> Upon any Event of Default, Mortgagee may, at its option, exercise one or more of <br /> the following rights and remedies (and any other rights and remedies available to it): <br /> 3.1 Acceleration. Mortgagee may declare immediately due and payable all <br /> unmatured Obligations secured by this Mortgage, and the same shall thereupon be <br /> immediately due and payable, without notice or demand. <br /> 3.2 UCC Remedies. Mortgagee shall have and may exercise with respect to <br /> all fixtures and any personal property included in the Mortgaged Property, all the rights <br /> and remedies accorded upon default to a secured party under the Uniform Commercial <br /> Code, as in effect in the State of Minnesota. <br /> 3.3 Foreclosure; Action or Advertisement. Mortgagee may (and is hereby <br /> authorized and empowered to) foreclose this Mortgage by action or advertisement, <br /> pursuant to the statutes of the State of Minnesota in such case made and provided, power <br /> -10- <br />