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11-13-2024 Council Packet
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11-13-2024 Council Packet
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<br />Mortgage, Assignment of Rents, <br />Security Agreement and Fixture Filing <br />Page 26 <br /> <br />proceeding instituted by Governmental Lender to collect the obligations secured hereby or any <br />deficiency remaining unpaid after the foreclosure sale of the Premises. <br />7.4 Waiver of Appraisement, Homestead, Redemption. The Borrower hereby covenants and <br />agrees that it will not at any time insist or plead, or in any manner whatever claim or take any <br />advantage of, any stay, exemption or extension law or any so called “Moratorium Law” now or at <br />any time hereafter in force, nor claim, take or insist upon any benefit of advantage of or from any <br />law now or hereafter in force providing for the valuation or appraisement of the Premises, or any <br />part thereof, prior to any sale or sales thereof to be made pursuant to any provisions herein <br />contained, or pursuant to decree, judgment or order of any court of competent jurisdiction; or after <br />such sale or sales claim or exercise any rights under any statute now or hereafter in force to redeem <br />the property so sold, or any part thereof, or relating to the marshaling thereof so as to require the <br />separate sales of any portion of the Premises, or as to require the Governmental Lender to exhaust <br />its remedies against a specific portion of the Premises upon foreclosure sale or other enforcement <br />hereof. The Borrower hereby expressly consents to and authorizes the sale of the Premises or any <br />part thereof as a single unit or parcel or as separate parcels, upon foreclosure sale or other <br />enforcement hereof. Borrower hereby specifically waives all rights of redemption from sale <br />pursuant to any order or decree of foreclosure of this Security Instrument on its own behalf. <br />7.5 Receiver. Upon the occurrence and continuance of an Event of Default, Governmental <br />Lender shall be entitled as a matter of right without notice and without regard to the solvency or <br />insolvency of Borrower, or the existence of waste of the Premises or adequacy of the security of <br />the Premises, and without giving bond to apply for the appointment of a receiver in accordance <br />with the statutes and law made and provided for who shall collect the rents, and all other income <br />of any kind; manage the Premises so as to prevent waste; execute leases within or beyond the <br />period of receivership, pay all expenses for normal maintenance of the Premises and perform the <br />terms of this Security Instrument and apply the rents, issues, income and profits to the payment of <br />the expenses enumerated in Minn. Stat. Section 576.25, subdivision 5, and to all expenses for <br />maintenance of the Premises and to the costs and expenses of the receivership, including attorneys’ <br />fees, to the repayment of the Indebtedness and as further provided in the Assignment of Rents. <br />Borrower does hereby irrevocably consent to such appointment. The receiver shall have all the <br />rights, powers and remedies as provided by statute or law, including without limitation the rights <br />of receiver pursuant to Minn. Stat. Section 576.25, whether during pendency of foreclosure, during <br />a redemption period, if any, or otherwise. The purchaser at any foreclosure sale, including <br />Governmental Lender, shall have the right, at any time and without limitation as provided in Minn. <br />Stat. Section 582.03, to advance money to any receiver appointed hereunder to pay any part or all <br />of the items which the receiver would otherwise be authorized to pay if cash were available from <br />the Premises and the sum so advanced, with interest at the rate then in effect under the terms of <br />the Note, shall be a part of the sum required to be paid to redeem from any foreclosure sale. <br />7.6 Rights Under UCC. In addition to the rights available to a Governmental Lender of real <br />property, Governmental Lender shall also have all the rights, remedies and recourse available to a <br />secured party under the UCC including the right to proceed under the provisions of the UCC <br />governing default as to any property which is subject to the security interest created by the Security
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