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4I__ sum then due under the Note and all other sums, with interest, advanced and unpaid <br /> hereunder, and all charges and expenses of such foreclosure including maximum <br /> attorney's fees allowed by law. <br /> 3.4 Receiver. Mortgagee shall be entitled as a matter of right without notice <br /> and without giving bond and without regard to the solvency or insolvency of Mortgagor, <br /> or waste of the Mortgaged Property or adequacy of the security of the Mortgaged <br /> Property, to apply for the appointment of a receiver, in accordance with the statutes and <br /> law made and provided. The receiver shall collect the rents, and all other income of any <br /> kind; manage the Mortgaged Property so to prevent waste; execute leases within or <br /> beyond the period of receivership, pay all expenses for normal maintenance of the <br /> Mortgaged Property and perform the terms of this Mortgage and apply the rents, issues <br /> and profits in the following order to (1) payment of the reasonable fees of said receiver, <br /> (ii)application of tenant security deposits as required by Minnesota Statutes § 504B.178, <br /> (iii) payment when due of prior or current real estate taxes or special assessments with <br /> respect to the Mortgaged Property or, if this Mortgage so requires,to the periodic escrow <br /> for the payment thereof,(iv)the payment when due of premiums for insurance of the type <br /> required by this Mortgage or, if this Mortgage so requires,to the periodic escrow for the <br /> payment thereof; and (v) as further provided in any Assignment of Rents executed by <br /> Mortgagor as further security for the Indebtedness(whether included in this Mortgage or <br /> separate instrument), including but not limited to applying the same to the costs and <br /> expenses of the receivership,including reasonable attorney's fees,to the repayment of the <br /> Indebtedness and to the operation, maintenance, upkeep and repair of the Mortgaged <br /> Property, including payment of taxes and payments of premiums of. insurance. <br /> �.. Mortgagor does hereby irrevocably consent to such appointment. <br /> 3.5 ,Specific Performance. Mortgagee may bring suit for specific performance <br /> of any covenant or warranty hereunder. <br /> 3.6 Forbearance and Qther Rights of Mortga . Any delay by Mortgagee in <br /> exercising any right or remedy hereunder, or otherwise afforded by law or equity, shall <br /> not be a waiver of or preclude the exercise of such right or remedy or any other right or <br /> remedy hereunder or at law or in equity. The failure of Mortgagee to exercise any option <br /> to accelerate maturity of the Indebtedness secured by the Mortgage, the forbearance by <br /> Mortgagee before or after the exercise of such option,or the withdrawal or abandonment <br /> of proceedings provided for by this Mortgage shall not be a waiver of the right to exercise <br /> such option or to accelerate the maturity of such Indebtedness by reason of any past, <br /> present or future event which would permit acceleration. The procurement of insurance <br /> or the payment of taxes or other liens or charges by Mortgagee shalt not be a waiver of <br /> Mortgagee's right to accelerate the maturity of the Indebtedness. Mortgagee's receipt of <br /> any awards, proceeds or damages shall not operate to cure or waive default by <br /> Mortgagor. Mortgagee may at any time, without notice, release any person liable for <br /> payment of any Indebtedness, extend the time or agree to alter the terms of payment of <br /> any of the Indebtedness,accept additional security of any kind,release any plat or map of <br /> the Mortgaged Property or the creation of any easement thereon or any covenants <br /> restricting use or occupancy thereof,or agree to alter or amend the terms of this Mortgage <br /> in any way. No such release,modification, addition or change shall affect the liability of <br /> -11- <br />