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06-08-2022 Council Packet
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06-08-2022 Council Packet
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<br />26 <br /> <br />Section 6.07. Application of Rents. Notwithstanding anything apparently to the contrary in <br />Section 2.01, all rents and revenues collected by Beneficiary or any receiver of the Property subsequent to <br />the occurrence of an Event of Default will be applied: <br /> <br />(a) First as provided in Minnesota Statutes § 576.25, Subd. 5. <br /> <br />(b) Thereafter, prior to any non-judicial foreclosure sale of the Property, or prior to the entry <br />of a decree of foreclosure in an action to foreclose this Mortgage, to Beneficiary for the <br />payment of the Secured Obligations, but no such payment made after the acceleration of <br />all or any of the Secured Obligations will affect such acceleration unless such payment is <br />sufficient to reinstate this Mortgage under Minnesota Statutes §580.30. <br /> <br />(c) Thereafter as follows: <br /> <br />(i) If the purchaser at the foreclosure sale is not Beneficiary, first to Beneficiary to <br />the extent of any deficiency remaining after application of the net sale proceeds <br />to repay the Secured Obligations, second to the purchaser as a credit to the <br />redemption price, but if the Property is not redeemed, then to the purchaser of the <br />Property. <br /> <br />(ii) If the purchaser at the foreclosure sale is Beneficiary, to Beneficiary to the extent <br />of any deficiency remaining after application of the net sale proceeds to repay the <br />Secured Obligations and the balance to be retained by Beneficiary as a credit to <br />the redemption price, but if the Property is not redeemed, then to Beneficiary, <br />whether or not such deficiency exists. <br /> <br />The rights and powers of Beneficiary under this Mortgage and the application of rents and <br />revenues will continue until the expiration of all applicable redemption periods from any <br />foreclosure sale, whether or not any deficiency remains after a foreclosure. <br /> <br />Section 6.08. Non-Agricultural Use. Grantor represents and warrants that as of the date of this <br />Mortgage the Property is not in agricultural use as defined in Minnesota Statutes § 40A.02, Subd. 3, and <br />is not used for agricultural purposes. <br /> <br />Section 6.09. Future Advances. <br /> <br />(a) To the extent that this Mortgage secures future advances, the amount of such advances is <br />not currently known. The acceptance of this Mortgage by Beneficiary, however, <br />constitutes an acknowledgment that Beneficiary is aware of the provisions of Minnesota <br />Statutes Section 287.05, Subd. 5, and intends to comply with the requirements contained <br />in this Mortgage. <br /> <br />(b) The maximum principal amount of Secured Obligations secured by this Mortgage at any <br />one time, excluding any amounts constituting an “indeterminate amount” under <br />Minnesota Statutes Section 287.05, Subd. 4 and 5, will be the amount set forth in the <br />second paragraph on page 1 of this Mortgage. <br /> <br />(c) The representations contained in this Section are made solely for the benefit of county <br />recording authorities in determining the mortgage registry tax payable as a prerequisite to <br />the recording of this Mortgage. Grantor acknowledges that such representations do not <br />constitute or imply an agreement by Beneficiary to make any future advances to Grantor.
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