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<br />Mortgage, Assignment of Rents, <br />Security Agreement and Fixture Filing <br />Page 24 <br /> <br />6.6 Non-Agricultural Use. Borrower represents and warrants that, as of the date of this <br />Security Instrument, the Premises is not in agricultural use as defined in Minnesota Statutes <br />Section 40A.02, Subd. 3, and is not used for agricultural purposes. <br />7. <br />EVENTS OF DEFAULT AND REMEDIES <br />7.1 Events of Default. The occurrence of any of the following shall be deemed an event of <br />default under this Security Instrument (hereinafter referred to as an “Event of Default”): <br />(a) Borrower or any co-maker, guarantor or surety shall fail to pay any principal or <br />interest on the Project Note when and as the same becomes due (whether at the <br />stated maturity or at a date fixed for any installment payment or any accelerated <br />payment date or otherwise), subject to any applicable cure periods provided for in <br />any applicable Financing Document; or <br />(b) Borrower shall fail to deposit the Charges with or at the direction of Governmental <br />Lender pursuant to the terms of the Financing Documents or to pay when due any <br />other Indebtedness, subject to any applicable cure periods provided for in the <br />Financing Documents; or <br />(c) An Event of Default shall occur under any of the Financing Documents (other than <br />this Security Instrument); or <br />(d) Borrower or any maker, guarantor or surety of the Project Note shall make an <br />assignment for the benefit of its creditors, or shall admit in writing its inability to <br />pay its debts as they become due, or shall file a petition in bankruptcy, or shall be <br />adjudicated a bankrupt or insolvent, or shall file a petition seeking any <br />reorganization, dissolution, liquidation, arrangement, composition, readjustment or <br />similar relief under any present or future bankruptcy or insolvency statute, law or <br />regulation or shall file an answer admitting to or not contesting the material <br />allegations of a petition filed against it in such proceedings, or shall not within sixty <br />(60) days after the filing of such a petition have the same dismissed or vacated, or <br />shall seek or consent to or acquiesce in the appointment of any trustee, receiver or <br />liquidator of a material part of its properties, or shall not within sixty (60) days after <br />the appointment of a trustee, receiver or liquidator of any material part of its <br />properties have such appointment vacated; or <br />(e) Any certification, representation or warranty made by Borrower herein, in the <br />Project Note, in the other Financing Documents, or made in connection with the <br />application for the loan evidenced by the Project Note, or given as an inducement <br />to Governmental Lender to make the loan, shall be materially false, breached or <br />dishonored and Borrower shall fail to take such actions as may be required to make <br />such certification, representation or warranty true and not misleading in any <br />material respect within thirty (30) days after notice thereof; or