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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 29 <br /> <br />8.2 Additional Indebtedness. The covenants, representations, warranties and indemnities <br />referenced in Section 8.1 above shall survive any foreclosure of this Security Instrument and any <br />acquisition of title of Lender for any damages suffered for events or circumstances during <br />Borrower’s period of ownership of the Property. The amount of all such indemnified loss, damage, <br />expense or cost, shall bear interest thereon at the rate of interest in effect on the Project Note and <br />shall become so much additional Indebtedness and shall become immediately due and payable in <br />full on demand of the Lender, its successors and assigns. The indemnification contained herein <br />shall be a personal monetary obligation of Borrower notwithstanding any provisions of this <br />Security Instrument to the contrary that limit or exculp the personal liability of Borrower and/or <br />require the Lender to look solely to the security of the Premises. <br />9. <br />MISCELLANEOUS <br />9.1 Release of Security Instrument. When all Indebtedness has been paid, this Security <br />Instrument and all assignments herein contained shall, except as otherwise provided herein, be <br />void and this Security Instrument shall be released by the Governmental Lender at the cost and <br />expense of Borrower. <br />9.2 Choice of Law. The parties to this instrument have contracted for Minnesota law to govern <br />this instrument and it is agreed that this instrument is made pursuant to and shall be construed and <br />governed by the laws of the State of Minnesota, without regard to the principles of conflicts of <br />law. <br />9.3 Successors and Assigns. This Security Instrument and each and every covenant, agreement <br />and other provision hereof shall be binding upon the Borrower and its successors and assigns <br />including without limitation each and every from time to time record owner of the Premises or any <br />other person having an interest therein, shall run with the land and shall inure to the benefit of the <br />Governmental Lender and its successors and assigns. As used herein the words “successors and <br />assigns” shall also be deemed to include the heirs, representatives, administrators and executors of <br />any natural person who is or becomes a party to this Security Instrument. In the event that the <br />ownership of the Premises becomes vested in a person or persons other than the Borrower, the <br />Governmental Lender shall not have any obligation to deal with such successor or successors in <br />interest unless such transfer is permitted by this Security Instrument and then only upon being <br />notified in writing of such change of ownership. Upon such notification, the Governmental Lender <br />may thereafter deal with such successor in place of Borrower without any obligation to thereafter <br />deal with Borrower and without waiving any liability of Borrower hereunder or under the Project <br />Note. No change of ownership shall in any way operate to release or discharge the liability of the <br />Borrower hereunder unless such release or discharge is expressly agreed to in writing by the <br />Governmental Lender. <br />9.4 Unenforceability of Certain Clauses. The unenforceability or invalidity of any provisions <br />hereof shall not render any other provision or provisions herein contained unenforceable or invalid. <br />9.5 Captions and Headings. The captions and headings of the various sections of this Security <br />Instrument are for convenience only and are not to be construed as confining or limiting in any
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