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04-14-2021 Council Packet
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04-14-2021 Council Packet
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13135953v2 <br /> <br /> <br />9 <br /> <br />judgments based on such tax or assessment; pay, settle or contest any unpermitted <br />lien on the Mortgaged Property and procure such insurance as may be necessary <br />to comply with the provisions of this Mortgage, and the Mortgagor hereby agrees <br />to repay all sums so advanced, on demand, with interest thereon, to the extent <br />permitted by law, from the date advanced until paid at the Default Rate (as <br />defined in the Indenture), and all sums so advanced with interest as aforesaid until <br />paid by the Mortgagor shall be immediately due and payable and be added to and <br />become a part of any indebtedness or obligation secured hereby in such manner or <br />order as the Mortgagee may desire or determine, having the benefit of the lien <br />hereby created as a part thereof, and of its priority, but no such advances shall be <br />deemed to relieve the Mortgagor from any default hereunder or impair any right <br />or remedy consequent thereon, and the exercise of the rights to make advances <br />granted in this Section shall be optional with the Mortgagee and not obligatory, <br />and the Mortgagee shall not in any case be liable to the Mortgagor for failure to <br />exercise any such right. <br />10. Events of Default; Remedies. If any Event of Default as defined in the Loan <br />Agreement shall occur and be continuing, or if any Event of Default as defined in <br />the Loan Agreement and/or the Indenture shall occur and be continuing, the <br />Mortgagee shall have authority (i) to accelerate the Loan Repayments and to <br />declare the Bonds immediately due and payable as provided in the Loan <br />Agreement and Indenture, and (ii) to pursue one or more of the remedies provided <br />for in the Loan Agreement and Indenture respectively, and in lieu thereof or <br />addition thereto, one or more of the following remedies and provisions for <br />foreclosure or enforcement of this Mortgage: <br />(a) The Mortgagee may proceed to protect and enforce its rights by a suit or <br />suits in equity or at law, either for the specific performance of any <br />covenant or agreement contained herein or in aid of the execution of any <br />power herein granted, or for the foreclosure of this Mortgage, or for the <br />enforcement of any other appropriate legal or equitable remedy. <br />(b) The Mortgagee shall have and may exercise with respect to all personal <br />property and fixtures which are part of the Mortgaged Property all the <br />rights and remedies accorded upon default to a secured party under the <br />UCC, as in effect in the State of Minnesota. Notice to the Mortgagor of <br />intended disposition of such property shall be deemed commercially <br />reasonable if given (in the manner specified in the Loan Agreement and <br />Indenture) at least 10 calendar days prior to the date of intended <br />disposition. <br />(c) The Mortgagee may, at its option, after notice in writing to the Mortgagor, <br />immediately cause this Mortgage to be foreclosed in the manner <br />prescribed by law and, upon the commencement of foreclosure <br />proceedings, shall be entitled to have a receiver appointed at once or at <br />any time thereafter, either before or after sale, without notice and without <br />requiring bond, and without regard to the solvency or insolvency of any
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