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13135953v2 <br /> <br /> <br />11 <br /> <br />Mortgagee for attorneys fees and other expenses in such action or proceeding <br />shall be repaid by the Mortgagor, together with interest thereon to the extent <br />permitted by law from the date of payment by the Mortgagee at the Default Rate <br />per annum until paid and all such sums and the interest thereon shall be <br />immediately due and payable and shall be added to and become a part of the <br />indebtedness secured hereby, and be secured hereby, having the benefit of the lien <br />hereby created and of its priority. <br />12. Non-Waiver. Acceptance by the Mortgagee of any sum in payment or part <br />payment of any indebtedness secured hereby after the same is due or after <br />foreclosure proceedings are filed shall not constitute a waiver of the right to <br />require prompt payment when due of all the sums so secured nor shall such <br />acceptance cure or waive any remaining default or invalidate any foreclosure <br />proceedings for any such remaining default or prejudice any of the rights of the <br />Bond Holders or the Mortgagee under this Mortgage. Further, the failure of the <br />Mortgagee to insist upon the strict performance of any of the covenants or <br />agreements of the Mortgagor contained in this Mortgage, or the delay by the <br />Mortgagee in the enforcement of any of its remedies herein contained upon any <br />default of the Mortgagor shall never constitute a waiver of any requirement or <br />obligation of the Mortgagor or right or remedy of the Mortgagee contained in or <br />based upon said covenants or agreements. <br />13. Remedies Cumulative. No remedy herein or in the Loan Agreement or the <br />Indenture conferred upon or reserved to the Mortgagee is intended to be exclusive <br />of any other remedy or remedies, and each and every such remedy shall be <br />cumulative and shall be in addition to every other remedy given hereunder or now <br />or hereafter existing at law or in equity or by statute. In addition, no recovery of <br />any judgment by the Mortgagee and no levy of any execution under any judgment <br />upon the Mortgaged Property or upon any other property shall affect the lien <br />created by this Mortgage upon the Mortgaged Property or any part thereof or any <br />lien, rights, powers or remedies of the Mortgagee hereunder, but such lien, rights, <br />powers or remedies of the Mortgagee shall continue unimpaired as before. <br />14. Waiver of Certain Rights and Remedies. If applicable and if permitted by law, the <br />Mortgagor hereby waives and releases any and all rights and remedies related to <br />marshalling of liens and assets under the Mortgage. <br />15. Attorneys’ Fees. The Mortgagor hereby agrees in the event of foreclosure to pay <br />to the Mortgagee such reasonable attorneys’ fees as are authorized by law, <br />together with the cost of extending the abstract and all court costs. <br />16. Usury. Notwithstanding any provision herein or in the Loan Agreement or <br />Indenture, the total liability for payments in the nature of interest shall not exceed <br />the limits imposed by the usury laws of Minnesota, if any. <br />17. Possession of Mortgagor. Unless a Default on the part of the Mortgagor shall exist <br />under the Loan Agreement or the Indenture, the Mortgagor shall be entitled to the