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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 27 <br /> <br />Instrument or to proceed as to such personal property in accordance with the procedures and <br />remedies available pursuant to a foreclosure of real estate. <br />7.7 Rights Cumulative. Each right, power or remedy herein conferred upon the Governmental <br />Lender is cumulative and in addition to every other right, power or remedy, express or implied, <br />now or hereafter arising, available to Governmental Lender, at law or in equity, or under any other <br />agreement, and each and every right, power and remedy herein set forth or otherwise so existing <br />may be exercised from time to time as often and in such order as may be deemed expedient by the <br />Governmental Lender and shall not be a waiver of the right to exercise at any time thereafter any <br />other right, power or remedy. No delay or omission by the Governmental Lender in the exercise <br />of any right, power or remedy arising hereunder or arising otherwise shall impair any such right, <br />power or remedy or the right of the Governmental Lender to resort thereto at a later date or be <br />construed to be a waiver of any continuing Event of Default under this Security Instrument or the <br />Project Note. <br />7.8 Right to Discontinue Proceedings. In the event Governmental Lender shall have proceeded <br />to invoke any right, remedy or recourse permitted under this Security Instrument and shall <br />thereafter elect to discontinue or abandon the same for any reason, Governmental Lender shall <br />have the unqualified right to do so and in such event Borrower and Governmental Lender shall be <br />restored to their former positions with respect to the Indebtedness. This Security Instrument, the <br />interest of the Governmental Lender in the Premises and all rights, remedies and recourse of the <br />Governmental Lender shall continue as if the same had not been invoked. <br />7.9 Additional Rights of Governmental Lender upon Foreclosure. If Governmental Lender <br />should become the purchaser at any foreclosure sale, it shall be entitled to credit any of the unpaid <br />balance of the Indebtedness against the amount of the purchase price. The purchaser at any <br />foreclosure sale hereunder may disaffirm any easement granted or sublease made in violation of <br />any provision of this Security Instrument, and may take immediate possession of the Premises free <br />from, and despite the terms of, such grant of easement or sublease. Borrower hereby expressly <br />waives any right which Borrower may have to direct the order in which any of the Premises shall <br />be sold in the event of any sale or sales pursuant hereto. <br />7.10 Additional Waivers. Borrower also waives the benefit of all laws now existing or that may <br />hereinafter be enacted providing for (i) any appraisal before sale of any portion of the Premises, <br />and (ii) in any way extending the time for the enforcement and collection of the Note or this <br />Security Instrument or creating or extending a period of redemption from any sale made in <br />collecting said debt. To the full extent Borrower may do so, Borrower agrees that Borrower will <br />not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter <br />enforced providing for any appraisal, evaluation, stay, extension or redemption and Borrower, to <br />the extent permitted by law, waives and releases all rights of redemption, valuation, appraisal, stay <br />of execution, notice of election to mature or declare due the whole of this Security Instrument and <br />marshaling in the event of foreclosure of the liens hereby created. <br />7.11 Interest Following Redemption. In the event the Premises is redeemed in accordance with <br />applicable law, Governmental Lender shall be entitled to collect from the redeeming party, at the
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