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6.3. EDSR 09-04-2018
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6.3. EDSR 09-04-2018
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9/14/2018 9:26:38 AM
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9/17/2018
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ARTICLE THREE <br />ACCELERATION AND FORECLOSURE; OTHER REMEDIES <br />Upon any Event of Default, Mortgagee may, at its option, exercise one Or more of the <br />following rights and remedies (and any other rights and remedies available to it): <br />3.1. Acceleration. Mortgagee may declare immediately due an4 payable all <br />unmatured Obligations secured by this Mortgage, and the same shall thereupon b� immediately <br />due and payable, without notice or demand. <br />3.2. UCC Remedies. Mortgagee shall have and may exercise with respect to all <br />fixtures and any personal property included in the Mortgaged Property, all the rights and <br />remedies accorded upon default to a secured party under the Uniform Comm.erci4l Code, as in <br />effect in the State of Minnesota. <br />3.3. Foreclosure, Action or Advertisement. Mortgagee may (and is hereby authorized <br />and empowered to) foreclose this Mortgage by action or advertisement, pursulant to the statutes <br />of the State of Minnesota in such case made and provided, power being expressly 0anted to sell <br />the Mortgaged Property at public auction and convey the same to the purchaser to the full extent <br />of Mortgagor's interest and, out of the proceeds arising from such sale, to pay all Obligations <br />secured hereby with interest, and all legal costs and charges of such foreclosure and the <br />maximum attorneys' fees permitted by law, which costs, charges and fees Mortg4gor agrees to <br />pay. Any real estate or interest or estate sold hereunder may be sold in one parcel, 0 an entirety, <br />or in such parcels and in such manner or order as Mortgagee, in its sole discretion, Imay elect. In <br />case of any sale of the Mortgaged Property pursuant to any judgment or decree: of any court or at <br />public 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 fbr the purpose <br />of making settlement for or payment of the purchase price, shall be entitled to de�iver over and <br />use any sum then due under the Note and any claims for interest accrued and u*paid thereon, <br />together with all other sums, with interest, advanced and unpaid hereunder. ana all statutory <br />charges for such foreclosure including maximum attorney's fees allowed by lawj in order that <br />there may be credited as paid on the purchase price the sum then due under the Not and all other <br />sums, with interest, advanced and unpaid hereunder, and all charges and expenses of such <br />foreclosure including maximum attorneys' fees allowed by law. <br />3.4. Receiver. Mortgagee shall be entitled as a matter of right withdut notice and <br />without giving bond and without regard to the solvency or insolvency of Mortgagor, or waste of <br />the Mortgaged Property or adequacy of the security of the Mortgaged Property, td apply for the <br />appointment of a receiver, in accordance with the statutes and law made and provided. The <br />receiver shall collect the rents, and all other income of any kind; manage the Mortgaged Property <br />so to prevent waste; execute leases within or beyond the period of receivership, pa� all expenses <br />for normal maintenance of the Mortgaged Property and perform the terms of this Mortgage and <br />apply the rents, issues and profits as permitted by Minnesota Statutes, Section $76.25 in the <br />following order to (i) payment of the reasonable fees of said receiver, (ii) applicaltion of tenant <br />security deposits as required by Minnesota Statutes Section 504B.178, (iii) payme when due of <br />11 <br />487519v3 EL185-45 <br />
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