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7.1. SR 09-03-2013
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7.1. SR 09-03-2013
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(b) give or require Mortgagor to give notice to any and all <br /> tenants under the Leases authorizing and directing the tenants to pay all <br /> Rents due under the Leases directly to Mortgagee; and <br /> (c) apply for, and Mortgagor hereby consents to, the <br /> appointment of a receiver of the Mortgaged Property. <br /> 4.4 Application of Rents. <br /> (a) All Rents collected by Mortgagee, or by a receiver, shall be held <br /> and applied by Mortgagee in its reasonable discretion, in accordance with <br /> applicable law, including, without limitation to: (i) payment of all reasonable fees <br /> of the receiver, if any, approved by the court; (ii) the repayment when due of all <br /> tenant security deposits pursuant to the provisions of Minnesota Statutes § <br /> 504B.178; (iii) payment of all delinquent or current real estate taxes and special <br /> assessments payable with respect to the Property or, if this Mortgage so requires, <br /> to the periodic escrow for the payment thereof, (iv) payment of all premiums then <br /> due for the insurance required by the provisions of this Mortgage or, if this <br /> Mortgage so requires, to the periodic escrow for the payment thereof, (v) payment <br /> of expenses incurred for normal maintenance of the Mortgaged Property. <br /> (b) Any amounts remaining after such application shall be applied as <br /> follows: <br /> (i) if received prior o any forec dsure sale o the Mortgaged Property <br /> to Mortgagee for payment of the indebtedness secured by this Mortgage, <br /> but no such payment made after acceleration of the indebtedness shall <br /> affect such acceleration; and <br /> (ii) if received during or with respect to a period after a foreclosure <br /> sale of the Mortgaged Property: <br /> (1) if the purchaser at the foreclosure sale is not Mortgagee, <br /> first to Mortgagee to the extent of any deficiency of the sale <br /> proceeds to repay the indebtedness secured by this Mortgage, <br /> second to the purchaser as a credit to the redemption price, but if <br /> the Mortgaged Property is not redeemed, then to the purchaser of <br /> the Mortgaged Property; <br /> (2) if the purchaser at the foreclosure sale is Mortgagee, first to <br /> Mortgagee to the extent of any deficiency of the sale proceeds to <br /> repay the indebtedness secured by this Mortgage and the balance to <br /> be retained by Mortgagee as a credit to the redemption price, but if <br /> the Mortgaged Property is not redeemed, then to Mortgagee, <br /> whether or not such deficiency exists. <br /> 4.5 Continuing Effect. The rights and powers of Mortgagee under this <br /> Assignment and the application of the Rents shall continue and remain in full force and <br /> -14- <br />
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