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Agenda Packets - 2018/12/10
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Agenda Packets - 2018/12/10
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Last modified
1/28/2025 4:51:39 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
12/10/2018
Supplemental fields
City Council Document Type
City Council Packets
Date
12/10/2018
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<br /> <br />to time, upon the occurrence of an Event of Default or at any time thereafter, Mortgagee may, at <br />its option, exercise any and all of the following rights and remedies (and any other rights and <br />remedies available to it under applicable law or any document related hereto): <br />(a) Mortgagee may declare immediately due and payable all indebtedness secured by this <br />Mortgage and the same shall thereupon be immediately due and payable; <br />(b) Mortgagee shall be entitled as a matter of right to the immediate appointment of a <br />receiver for the Mortgaged Property by a court of competent jurisdiction, without regard <br />to (i) the then current fair market value of the Mortgaged Property, (ii) whether any waste <br />has occurred on or about the Mortgaged Property, (iii) the solvency or financial condition <br />of Mortgagor or any other party, or (iv) any other event, occurrence, condition or factor <br />which may limit or restrict Mortgagee’s absolute right to the appointment of such a <br />receiver; <br />(c) Mortgagee may foreclose this Mortgage by action or (to the extent permitted by <br />Minnesota law) advertisement upon written notice thereof to Mortgagor, and Mortgagor <br />hereby authorizes the Mortgagee to do so, power being herein expressly granted to sell <br />the Mortgaged Property at public auction without any prior hearing thereof and to convey <br />the same to the purchaser, in fee simple, pursuant to the statutes of Minnesota in such <br />case made and provided and, out of the proceeds arising from such sale, to pay all <br />Indebtedness Secured Hereby, and all legal costs and charges of such foreclosure and the <br />reasonable attorney’s fees; and <br />(d) Mortgagee may exercise any of the remedies made available to a secured party under <br />the Uniform Commercial Code in effect in the State of Minnesota, or other applicable <br />law, with respect to any of the Mortgaged Property which constitutes personal property, <br />including without limitation the right to take possession thereof, proceeding without <br />judicial process or by judicial process (without a prior hearing or notice thereof, which <br />Mortgagor hereby waives), and the right to sell, lease or otherwise dispose of or use any <br />or all of such personal property. Mortgagee may require Mortgagor to assemble such <br />personal property and make it available to Mortgagee at a place designated by Mortgagee <br />which is reasonably convenient to both Mortgagor and Mortgagee. If notice to <br />Mortgagor of any intended disposition of any of the Mortgaged Property constituting <br />personal property or any other intended action is required by law in a particular instance, <br />such notice shall be deemed commercially reasonable if given at least thirty (30) calendar <br />days prior to the date of intended disposition or other action. <br />In the event of a sale under this Mortgage, whether by virtue of judicial proceedings or <br />otherwise, the Mortgaged Property may, at the option of Mortgagee, be sold as one parcel and as <br />an entirety or in such parcels, manner and order as Mortgagee in its sole discretion may elect. <br />Any proceeds following a foreclosure remaining of payment of all outstanding loans to <br />Mortgagor shall be returned to Mortgagor. <br />Wells Fargo Affordable Housing Community Development Corporation, the investor limited <br />partner of Mortgagor (the “Investor Limited Partner”), shall have the right, but not the <br />obligation, to cure any Event of Default by Mortgagor under this Mortgage or any default under
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