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<br />Mortgage, Assignment of Rents, <br />Security Agreement and Fixture Filing <br />Page 21 <br /> <br />pay to Governmental Lender in advance on the first day of each month a reasonable rental for the <br />space so occupied, and upon failure so to do Governmental Lender shall be entitled to remove such <br />owner from the Premises by any appropriate action or proceedings. Following the occurrence and <br />during the continuance of an Event of Default hereunder, Governmental Lender shall be entitled <br />(without notice and regardless of the adequacy of Governmental Lender’s security) to the <br />appointment of a receiver, Borrower hereby consents to the appointment of such receiver, and the <br />receiver shall have, in addition to all the rights and powers customarily given to and exercised by <br />such receivers, all the rights and powers granted to Governmental Lender in this Section 5.1. <br />Governmental Lender or the receiver shall be entitled to receive a reasonable fee for so managing <br />the Premises. Governmental Lender or the receiver shall be liable to account only for those rents <br />actually received. Governmental Lender shall not be liable to Borrower, anyone claiming under <br />or through Borrower or anyone having an interest in the Premises by reason of anything done or <br />left undone by Governmental Lender under this Section 5.1. To the extent, if any, that the costs <br />of taking control of and managing the Premises, collecting the rents, and discharging obligations <br />and liabilities of Borrower under the leases, exceed the rents of the Premises, the excess sums <br />expended for such purposes shall be applied to the Indebtedness. Such excess sums shall be <br />payable upon demand by Governmental Lender and shall bear interest from the date of <br />disbursement at the Default Rate of interest stated in the Note. The rights contained herein are in <br />addition to and shall be cumulative with the rights given in the Assignment of Rents dated of even <br />date herewith from the Borrower to the Governmental Lender. To the extent inconsistent with the <br />terms of this Security Instrument, the terms of the Assignment of Rents shall control. <br />5.2 Application of Rents. All rents collected by Governmental Lender or any receiver of the <br />Premises subsequent to the occurrence of an Event of Default shall be applied, to the extent <br />possible, first to the items set forth in said subdivisions (a) through (f) below, as required by <br />Minnesota Statutes Section 576.25, Subd. 5, and in such order as will preserve the value of the <br />Premises, and shall then be applied as provided in subdivisions (g) and (h) below: <br />(a) to the payment of all reasonable fees of any receiver approved by a court; <br />(b) to the payment of all tenant security deposits then owing to any tenant under any <br />lease of the Premises pursuant to the provisions of Minnesota Statutes Section <br />504B.178; <br />(c) to the payment when due of all prior real estate taxes and special assessments with <br />respect to the Premises, or if this Security Instrument requires periodic escrow <br />payments for such taxes and assessments, to the escrow payments then due; <br />(d) to the payment when due of all premiums then due for the insurance required by <br />the provisions of this Security Instrument, or if this Security Instrument requires <br />periodic escrow payments for such premiums, to the escrow payments then due; <br />(e) to keeping of the covenants required of a landlord or licensor pursuant to Minnesota <br />Statutes Section 504B.161, Subd. 1;