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<br />Mortgage, Assignment of Rents, <br />Security Agreement and Fixture Filing <br />Page 25 <br /> <br />(f) Borrower shall fail to comply with or perform any term, condition or covenant of <br />this Security Instrument, which failure continues for thirty (30) days after Borrower <br />receives written notice of such default, except where such default cannot be cured <br />within thirty (30) days, Borrower shall have ninety (90) days to cure, provided <br />Borrower is diligently pursuing cure of such default; or <br />(g) Any Guarantor shall be dissolved, liquidated or go out of existence; or <br />(h) Any Guarantor shall die or dissolve and Borrower either (i) has failed to notify <br />Governmental Lender of such death within thirty (30) days thereof or (ii) has failed <br />to provide Governmental Lender with an acceptable substitute guarantor, in the sole <br />judgment of Governmental Lender, who shall have executed a new Guaranty and <br />an Environmental Indemnity in the forms of those executed by the Guarantors, <br />before the earlier to occur of (A) ninety (90) days from the date of such person’s <br />death or (B) the date on which the first distribution of assets has been made from <br />such person’s estate to any devisee, heir or other beneficiary; or <br />(i) The Guarantor contests the validity or enforceability of the Guaranty or the <br />Guaranty shall no longer be in full force and effect. <br />7.2 Governmental Lender’s Right to Accelerate. At any time during the existence of an <br />uncured Event of Default, Governmental Lender, at Governmental Lender’s option, may declare <br />the Indebtedness to be immediately due and payable without further demand, and may invoke the <br />power of sale granted in this Security Instrument (and Borrower appoints Governmental Lender <br />as Borrower’s agent and attorney-in-fact to exercise such power of sale in the name and on behalf <br />of Borrower) and any other remedies permitted by Minnesota law or provided in this Security <br />Instrument or in any other Financing Document. Borrower acknowledges that the power of sale <br />granted in this Security Instrument may be exercised by Governmental Lender without prior <br />judicial hearing. Governmental Lender will be entitled to collect all costs and expenses incurred <br />in pursuing such remedies, including reasonable attorneys’ fees and costs and costs of <br />documentary evidence, abstracts and title reports. <br />7.3 Right to Foreclose. At any time during the existence of an uncured Event of Default, <br />Borrower hereby authorizes and fully empowers Governmental Lender to foreclose this Security <br />Instrument by judicial proceedings, by advertisement, or by such other statutory procedures <br />available in the state in which the Premises are located, at the option of Governmental Lender, <br />with full authority to sell the Premises at public auction or such other means permitted by law and <br />convey the same to the purchaser in fee simple, either in one parcel or separate lots and parcels, <br />all in accordance with and in the manner prescribed by law, and out of the proceeds arising from <br />sale and foreclosure to retain the principal and interest due on the Note and all other Indebtedness <br />together with all sums of money as Governmental Lender shall have expended or advanced <br />pursuant to this Security Instrument or pursuant to statute together with interest thereon as herein <br />provided and all costs and expenses of such foreclosure, including lawful attorneys’ fees, with the <br />balance, if any, to be paid to the persons entitled thereto by law. The failure to make any tenant <br />parties defendant to a foreclosure proceeding shall not be asserted by Borrower as a defense in any