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3. HRSR 05-16-2005
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3. HRSR 05-16-2005
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City Government
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HRSR
date
5/16/2005
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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 unmatured <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 />(c) Mortgagee may (and is hereby authorized and empowered to) foreclose this <br />Mortgage by action or advertisement, pursuant to the statutes of the State of Minnesota in <br />such case made, and provided, power being expressly granted to sell the Mortgaged <br />Property at public auction, and convey the same to the purchaser in fee simple, and out of <br />the proceeds arising from such sale, to pay all Indebtedness secured hereby with interest <br />including all sums described in Section 18 hereof as if a prepayment were then made of the <br />Note, and all legal costs, and charges of such foreclosure, and the maximum attorney's fees <br />permitted by law, which costs, charges, and fees Mortgagor agrees to pay; and <br />THE UNDERSIGNED MORTGAGOR HEREBY EXPRESSLY CONSENT(S) TO <br />SALE OF THE MORTGAGED PROPERTY BY ADVERTISEMENT PURSUANT TO <br />MINNESOTA STATUTES, CHAPTER 580, WHICH PROVIDES FOR THE SALE <br />AFTER SERVICE OF NOTICE THEREOF UPON THE OCCUPANT OF THE <br />MORTGAGED PROPERTY AND PUBLICATION OF SAID NOTICE FOR SIX WEEKS <br />IN THE LOCALITY. SERVICE MAY NOT BE MADE UPON MORTGAGOR <br />PERSONALLY, AND NO HEARING OF ANY TYPE IS REQUIRED IN CONNECTION <br />WITH THE SALE. EXCEPT AS REQUIRED BY THE AFORESAID STATUTORY <br />PROVISIONS, THE UNDERSIGNED HEREBY EXPRESSLY WAIVE(S) ANY AND <br />ALL RIGHTS TO NOTICE OF SALE OF THE MORTGAGED PROPERTY AND ANY <br />AND ALL RIGHTS TO A HEARING OF ANY TYPE IN CONNECTION WITH THE <br />SALE OF THE MORTGAGED PROPERTY. <br />
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