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2008_0317_packet
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(b) receive or collect or permit the receipt or collection of any payments, eceipts, <br />rentals, profits or other moneys under the Loan Agreement (except as allowed under Section 7.9 <br />thereof) or assign, transfer or hypothecate (other than to the Lender hereunder) any of the same <br />then due or to accrue 'in the future. <br />5. The City expressly covenants and agrees that the Lender shall be entitled to <br />receive all payments under the Loan Agreement (except any payments due the City under <br />Section 7.9 thereof), and hereby authorizes and directs the Borrower to make such payments <br />directly to the Lender. The Lender covenants and agrees that all payments received by the <br />Lender pursuant to the Loan Agreement shall be applied to the payment of' principal and interest <br />on the Note. <br />1 <br />6. If an Event of Deftault as defined In the Loan Agreement) shall occur and be <br />continuing, the Lender may exercise any one or more or all, and in any order, of the reniedies <br />hereinafter set forth, it being expressly -understood that no remedy herein conferred is intended to <br />be exclusive of any other remedy or remedies; but each and every rieniedy shall be cumulative <br />and shall be in addition to every other remedy given herein or now or hereafter existing at law or <br />in equity or by statute: <br />(a) The Lender may, ithout prior notice of any kind declare the pr <br />renal of and <br />wi <br />interest accrued on the Note immediately due and payable. <br />(b) The Lender may exercise any rights and remedies and options of'a secured party <br />under the Uniform Commercial Code as adopted 'in the State of Minnesota and any and all rights <br />available to it under the Loan Agreement, the Mortgage, the Security Agreemient and the Pledge <br />and Security Agreement (all as defined in the Loan Agreement) securing payment of the Note. <br />7. Whenever any of the parties hereto is referred to, such reference shall be deemed <br />to include the successors and assigns of such party- and all the covenants,. <br />promises, and <br />d <br />agreements in this Pledge Agreement contained by or on behalf of the City or the Lender shall <br />bind and 'inure to the benefit of the respective successors and assigns of such parties whether so <br />expressed or not. <br />8. The unenforceability or invalidity of any provision or provisions of this Pledge <br />Agreement shall not render any other provision or provisions hierein contained unienforiceable or <br />invalid. <br />9. This Pledge Agreement shall in all respects be construed "in accordance with and <br />governed by the laws of the State of Minnesota., This Pledge Agreement may not be amended or <br />modified except in writing signed by the City and the Lender. <br />10. This Pledge Agreement may be executed,, acknowledged and delivered in any <br />number of counterparts and each of such counterparts, shall constitute an oq in <br />g al but all of which <br />together shall constitute one agreement. <br />11. The terms used In this Pledge Agreement which are defined in the Loan <br />Agreenient. shall have the meanings specified therein., unless the context of this, Pledge <br />Agreement otherwise requires, or unless such terms are otherwise de -fined herein. <br />2144815v 1 2 <br />
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