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132777076v2 12 the Mortgagor in the Mortgaged Property or a part thereof shall be levied upon or attached in any proceeding and such process shall not be vacated or discharged within 90 days after such levy or attachment, or (h) if the Mortgagor shall be dissolved or liquidated. Section 3.2 Remedies. Upon the occurrence of an Event of Default or at any time thereafter until such Event of Default is cured to the satisfaction of the Mortgagee, the Mortgagee may, at its option, exercise any and all of the following rights and remedies (and any other rights and remedies available to it including, without limitation, the rights and remedies provided to the Issuer under Section 6.2 of the Loan Agreement): (1) The Mortgagee may, without notice to the Mortgagor or Issuer, declare immediately due and payable all indebtedness secured by this Mortgage, the same shall thereupon be immediately due and payable (subject to the limited liability of the Issuer on the Note as set forth therein); and (2) The Mortgagee may foreclose this Mortgage by action or advertisement, and the Mortgagor hereby authorizes the Mortgagee to do so, power being herein expressly granted to sell the Mortgaged Property at public auction without any prior hearing or notice thereof and to convey the same to the purchaser, in fee simple, pursuant to the statutes of Minnesota in such case made and provided and, out of the proceeds arising from such sale, to pay all indebtedness secured hereby with interest, and all legal costs and charges of such foreclosure and the maximum attorney’s fees permitted by law, which costs, charges and fees the Mortgagor herein agrees to pay; and (3) The Mortgagee may exercise any of the remedies made available under the Minnesota Uniform Commercial Code. In the event of a sale under the Mortgage, whether by virtue of judicial proceedings or otherwise, the Mortgaged Property may, at the option of the Mortgagee, be sold in such parcels, manner and order as the Mortgagee in its sole discretion may elect. Section 3.3 Purchase of Mortgaged Property. In case of any sale of the Mortgaged Property pursuant to any judgment or decree of any court or otherwise in connection with the enforcement of any of the terms of this Mortgage, the Mortgagee, its successors and assigns, may become the purchaser, and for the purpose of making settlement for or payment of the purchase price, shall be entitled to turn in and use the Note and any claims for interest matured and unpaid thereon, together with additions to the mortgage debt, if any, accrued in order that there may be credited as paid on the purchase price the sum then due under the Note, including principal thereof and interest and any premium thereon, and any accrued additions to the mortgage debt. Section 3.4 Appointment of Receiver. If any portion of the Mortgaged Property has been leased, after the happening of any Event of Default and during its continuance or upon the commencement of any proceedings to foreclose this Mortgage or to enforce the specific performance hereof or in aid thereof or upon the commencement of any other judicial proceeding to enforce any right of the Mortgagee, the Mortgagee shall be entitled, as a matter of right, if it shall so elect, without the giving of notice to any other party and without regard to the adequacy or inadequacy of any security for the mortgage indebtedness, forthwith either before or after