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5.1. HRSR 05-02-2005
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5.1. HRSR 05-02-2005
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HRSR
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5/2/2005
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now or hereafter amended), or shall admit in writing its inability to pay its debts as they <br />become due, or shall file a petition in bankruptcy, or shall become or be adjudicated a <br />bankrupt or insolvent, however defined, or shall file a petition seeking any reorganization, <br />dissolution, liquidation, arrangement, composition, readjustment, or similar relief under any <br />present or future bankruptcy or insolvency statute, law, or regulation or shall file an answer <br />admitting to or not contesting the material allegations of a petition filed against it in such <br />proceedings, or shall not, within thirty (30) days after the filing of such a petition against it, <br />have the same dismissed or vacated, or shall seek or consent to or acquiesce in the <br />appointment of any trustee, receiver, or liquidator of a material part of its properties, or <br />shall not, within thirty (30) days after the appointment (without its consent or acquiescence) <br />of a trustee, receiver, or liquidator of any material part of its properties, have such <br />appointment vacated. <br />(f) Mortgagor shall abandon the Mortgaged Property. <br />(g) Mortgagor shall fail to promptly and faithfully observe and perform all of the <br />terms and provisions under, or permit or allow any default or event of default to occur <br />under, any document evidencing any other lien or encumbrance of the Mortgaged Property, <br />whether junior or senior to the lien of this Mortgage, which shall include, but not be limited <br />to, the Permitted Encumbrances. <br />20. ACCELERATION; FORECLOSURE. Upon the occurrence of any Event of <br />Default, or at any time thereafter until such Event of Default is cured to the written satisfaction of <br />Mortgagee, Mortgagee may, at its option, exercise one or more of the following rights and <br />remedies available to it: <br />(a) Mortgagee may declare immediately due and payable all umnatured <br />Indebtedness secured by this Mortgage including all sums described in Section 18 hereof as <br />if a prepayment were then made of the Note, and the same shall thereupon be immediately <br />due and payable, without notice or demand. <br />(b) Mortgagee shall have and may exercise with respect to all personal property and <br />fixtures that are part of the Mortgaged Property, all the rights and remedies accorded upon <br />default to a secured party under the Uniform Commercial Code, as in effect and as <br />amended from time to time in the State of Minnesota. If notice to Mortgagor of intended <br />disposition of such property is required by law in a particular instance, such notice shall be <br />deemed commercially reasonable if given (in the manner specified in Section 22 hereof) at <br />least ten (10) calendar days prior to the date of intended disposition. <br />Development Name, City <br />LMIR-Combination Mortgage, Security Agreement <br />and Fixture Financing Statement <br />12 <br />Dev. # <br />Date <br />
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