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(d) Mortgagee shall be entitled, without notice and without any showing of waste of <br />the Mortgaged Properly, inadequacy of the Mortgaged Property as security for the Note, or <br />insolvency Mortgagor, to the appointment of a receiver of the rents and profits of the <br />Mortgaged Property, including those past due. <br />21. FORBEARANCE NOT A WAIVER; RIGHTS AND REMEDIES <br />CUMULATIVE. Any delay by Mortgagee in exercising any right or remedy provided herein or <br />otherwise afforded by law or equity shall not be a waiver of or preclude the exercise of such right <br />or remedy. All such rights and remedies shall be distinct and cumulative and may be exercised <br />singly or serially (in any order) or concurrently, and as often as the occasion therefor arises. <br />Mortgagee's taking action pursuant to Section 3, 11, or 12 hereof, or receiving proceeds, awards, <br />or damages pursuant to Section 6, 12, or 13 hereof, shall not impair any right or remedy available <br />to Mortgagee under Section 20 hereof. <br />22. NOTICES. Except as otherwise provided herein, whenever any approval or notice <br />on behalf of Mortgagee is required under this Mortgage, or whenever any action on behalf of <br />Mortgagee is required or permitted, the Director of Mortgagee shall have the power and right to <br />approve, give notice or act on behalf of Mortgagee. Any notice from Mortgagee to Mortgagor <br />under this Mortgage shall be deemed to have been given by Mortgagee and received by <br />Mortgagor, when mailed by certified mail by Mortgagee to Mortgagor at the following address: <br />MDI Limited Partnership #70 <br />1600 University Avenue <br />Suite 212 <br />Saint Paul, MN 55104 <br />Attention: Asset Manager <br />or at such other address as Mortgagor may designate to Mortgagee, by certified mail received by <br />Mortgagee at 13065 Orono Parkway, Elk River, Minnesota 55330, or such other address as <br />Mortgagee may designate by written notice. <br />23. GOVERNING LAW; SEVERABILITY. This Mortgage shall be governed by the <br />laws of the State of Minnesota. In the event that any provision or clause of this Mortgage <br />conflicts with applicable law, such conflict shall not affect any other provision of this Mortgage <br />that can be given effect without the conflicting provisions, and to this end, the provisions of the <br />Mortgage are declared to be severable. <br />24. MISCELLANEOUS RIGHTS OF MORTGAGEE. Mortgagee may at any time, <br />and from time to time without notice, release any person liable for the payment of any <br />Indebtedness, extend the time or agree to alter the terms of payment of any Indebtedness, release <br />any property securing any Indebtedness, consent to the making of any plat or map of the <br />