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4. The Owner covenants with the HRA the following statutory covenants;
<br />a. To warrant the title to the Property; subject to permitted encumbrances as set forth in
<br />Exhibit C.
<br />b. To pay the indebtedness as herein provided.
<br />c. To pay all taxes.
<br />d. That the Property shall be kept in repair and no waste shall be committed.
<br />e. That the whole of the principal sum shall become due after default, in the payment of any
<br />installment of principal or interest, or of any tax, or in the performance of any other
<br />covenant, at the option of the HRA.
<br />f. To pay principal and interest on prior mortgages.
<br />5. If default be made in any payment or covenant herein, the HRA shall have the statutory power of
<br />sale, and on foreclosure may retain statutory costs and attorney's fees.
<br />6. For the protection of the HRA, the Owner will, during all the time until the indebtedness secured
<br />by this mortgage is fully paid, maintain all risk property insurance, naming the HRA as an
<br />additional insured, in an amount not less than the full insurable replacement value of the Property.
<br />Said insurance shall be written by a company or companies licensed to do business in Minnesota
<br />and rated Class A -:VII or better by A.M. Best Company. The term "full insurable replacement
<br />value" shall mean the actual replacement cost of the Property (excluding foundation and
<br />excavation costs and costs of underground flues, pipes, drains, and other items customarily
<br />omitted from replacement cost valuation for insurance purposes), without deduction for
<br />depreciation. The Owner will assign and deliver the policies of such insurance to the HRA so and
<br />in such manner and form that the HRA shall at all times, until the full payment of said
<br />indebtedness, have and hold the said policies as a collateral and further security for the payment of
<br />said indebtedness, or at the option of the HRA will make such policies payable in case of loss to
<br />the HRA as its interest may appear and will deposit them with the HRA, and in default of so
<br />doing, that the HRA may, but has no obligation to, obtain such insurance from year to year, or for
<br />one or more years at a time, and pay the premiums therefor, and that the Owner will forthwith
<br />repay to the HRA the same, with interest at the mortgage rate, and that the same shall become a
<br />part of the debt secured by this mortgage in like manner as the principal sum. The Owner may
<br />retain any moneys received by him/her on the policies, but the same shall apply in part payment of
<br />this mortgage.
<br />7. This Mortgage shall terminate and shall be of no further force or effect upon payment in full of the
<br />Installment Loan and accrued interest thereon.
<br />8. The Owner will indemnify, save, and hold harmless the HRA, the City of Elk River, Minnesota,
<br />Central Minnesota Housing Partnership, Inc., their officers, agents, and employees, from and
<br />against any claim, cause of action, damage, liability, loss or expense, including attorney's fees
<br />incurred by the HRA, made by any party in connection with or arising from (i) the presence, if
<br />any, of hazardous wastes or pollutants on the Property; (ii) any loss or damage to property or any
<br />injury to or death of any person occurring at or about or resulting from any defect in the Property,
<br />(iii) the performance of, or failure to perform, this Mortgage. Nothing herein shall be deemed a
<br />waiver of any statutory limitations of liability or immunity.
<br />9. This Mortgage shall run with the aforesaid real estate and shall inure to the benefit of and be
<br />binding upon the parties hereto and their respective heirs, executors, representatives, successors,
<br />and assigns.
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