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<br /> <br />default according to the terms of the Note, together with all other indebtedness secured hereby, to <br />be forthwith due and payable without presentment, demand, or further notice of any kind. <br />Section 7.3 FORECLOSURE. If any Event of Default shall occur and remain uncured <br />following applicable notice and cure right set forth in the Loan Agreement, Mortgagee is hereby <br />authorized and empowered to foreclose this Mortgage by action or by advertisement, in accordance <br />with and in the manner prescribed by law, with full authority to sell the Premises at public <br />auction and convey the same to the purchaser in fee simple, and out of the proceeds arising <br />from such sale, to pay all indebtedness secured hereby with interest, if any, and all legal costs <br />and charges of such foreclosure, and the maximum attorneys' fees permitted by law, which costs, <br />charges, and fees Mortgagor agrees to pay. <br />Section 7.4 RECEIVER. If any Event of Default shall occur and remain uncured following <br />applicable notice and cure right set forth herein, Mortgagee shall be entitled, as a matter of right, <br />without notice and without giving bond and without regard to the solvency or insolvency of <br />Mortgagor, the waste of the Premises, or adequacy of the security of the Premises, to apply for the <br />appointment of a receiver in accordance with the statutes and law made and provided for, who shall <br />collect the rents and all other income of any kind; manage the Premises so as to prevent waste; <br />execute leases within or beyond the period of receivership; pay all expenses for normal <br />maintenance of the Premises; and perform the terms of this Mortgage and apply the rents, issues, <br />and profits as provided in Section 2.5 herein. <br />Section 7.5 RIGHTS UNDER ASSIGNMENT OF RENTS. If any Event of Default shall <br />occur and remain uncured following applicable notice and cure right set forth herein, Mortgagee <br />may exercise all rights and remedies available to it under the Assignment of Leases and Rents <br />made herein. <br />Section 7.6 RIGHTS UNDER UNIFORM COMMERCIAL CODE. If any Event of <br />Default shall occur and remain uncured following applicable notice and cure right set forth herein, <br />Mortgagee shall have and may exercise, with respect to all personal property and fixtures which <br />are part of the Premises, all the rights and remedies accorded upon default to a secured party under <br />the Uniform Commercial Code, as in effect in the State of Minnesota. If notice to Mortgagor of <br />intended disposition of such property is required by law in a particular instance, such notice shall <br />be deemed commercially reasonable if given at least ten (10) calendar days prior to the date of <br />intended disposition. <br />Section 7.7 RIGHT TO DISCONTINUE PROCEEDING. In the event Mortgagee shall <br />have proceeded to invoke any right, remedy, or recourse permitted under this Mortgage and shall <br />thereafter elect to discontinue or abandon the same for any reason, Mortgagee shall have the <br />unqualified right to do so, and, in such event, Mortgagor and Mortgagee shall be restored to their <br />former positions with respect to the indebtedness secured hereby. This Mortgage, the Premises, <br />and all rights, remedies, and recourse of Mortgagee shall continue as if the same had not been <br />invoked. <br />Section 7.8 ACKNOWLEDGMENT OF WAIVER OF HEARING BEFORE <br />SALE. Mortgagor understands and agrees upon the occurrence-of an Event of Default, <br />Mortgagee has the right, inter alia, to foreclose this Mortgage by advertisement, pursuant to