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3.1. EDASR 04-27-2017
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3.1. EDASR 04-27-2017
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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 any other failure to comply with the terms and conditions thereof and the <br /> continuance thereof beyond any applicable notice and/or cure period contained therein. <br /> ARTICLE THREE <br /> ACCELERATION AND 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 /> being expressly granted to sell the Mortgaged Property at public auction and convey the <br /> same to the purchaser to the full extent of Mortgagor's interest and, out of the proceeds <br /> arising from such sale, to pay all Obligations secured hereby with interest, and all legal <br /> costs and charges of such foreclosure and the maximum attorneys' fees permitted by law, <br /> which costs, charges and fees Mortgagor agrees to pay. Any real estate or interest or <br /> estate sold hereunder may be sold in one parcel, as an entirety, or in such parcels and in <br /> such manner or order as Mortgagee, in its sole discretion, may elect. In case of any sale <br /> of the Mortgaged Property pursuant to any judgment or decree of any court or at public <br /> auction or otherwise in connection with the enforcement of any of the terms of this <br /> Mortgage, Mortgagee, its successors and assigns, may become the purchaser, and for the <br /> purpose of making settlement for or payment of the purchase price, shall be entitled to <br /> deliver over and use any sum then due under the Corporate Guaranty and any claims for <br /> interest accrued and unpaid thereon, together with all other slims, with interest, advanced <br /> and unpaid hereunder, and all statutory charges for such foreclosure including maximum <br /> attorney's fees allowed by law in order that there may be credited as paid on the purchase <br /> price the sum then due under the Note and all other sums, with interest, advanced and <br /> unpaid 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 /> -10- <br />
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