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Attachment A 1117 8. FORBEARANCE BY AUTHORITY NOT A WAIVER. Any forbearance by the 1118 Authority in exercising any right or remedy shall not be a waiver of or preclude the exercise of 1119 any right or remedy. 1120 1121 9. SUCCESSORS AND ASSIGNS BOUND. The covenants and agreements of this 1122 Mortgage shall bind and benefit the successors and assigns of the Authority and Borrower. 1123 1124 10. LOAN CHARGES. If the loan secured by this Mortgage is or becomes subject to 1125 a law which sets maximum loan charges, and that law is finally interpreted so that the interest or 1126 other loan charges collected or to be collected in connection with the loan exceed the permitted 1127 limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the 1128 charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded 1129 permitted limits will be refunded to Borrower. The Authority may choose to make this refund by 1130 reducing the principal owed under the Note or by making a direct payment to Borrower. If a 1131 refund reduces principal, the reduction will be treated as a partial prepayment under the Note. 1132 1133 11. NOTICES. Any notice to Borrower provided for in this Mortgage shall be given 1134 by delivering it personally or by mailing it by first class United States mail, postage prepaid, 1135 return receipt requested. The notice shall be directed to Borrower at 899 Cobb Road, Shoreview, 1136 Minnesota 55126, or any other address Borrower designates by notice to the Authority. Any 1137 notice to the Authority shall be given or mailed to City Hall, 2660 Civic Center Drive, Roseville, 1138 Minnesota 55113, Attention: Executive Director, or any other address the Authority designates 1139 by notice to Borrower. Any notice provided for in this Mortgage shall be deemed to have been 1140 given to Borrower or the Authority when given as provided in this paragraph. 1141 1142 12. GOVERNING LAW; SEVERABILITY. This Mortgage shall be governed by the 1143 law of the state of Minnesota. In the event that any provision or clause of this Mortgage or the 1144 Note conflicts with applicable law, such conflict shall not affect other provisions of this 1145 Mortgage or the Note which can be given effect without the conflicting provision. To this end, 1146 the provisions of this Mortgage and the Note are declared to be severable. 1147 1148 13. BORROWER’S RIGHT TO REINSTATE. If Borrower meets certain conditions, 1149 Borrower shall have the right to have enforcement of this Mortgage discontinued at any time 1150 prior to the earlier of: (a) five (5) days before sale of the Property pursuant to any power of sale 1151 contained in this Mortgage; or (b) entry of a judgment enforcing this Mortgage. Those 1152 conditions are that Borrower: (a) pays the Authority all sums which then would be due under this 1153 Mortgage and the Note as if no acceleration had occurred; (b) cures any default of any other 1154 covenants or agreements; (c) pays all expenses incurred in enforcing this Mortgage, including, 1155 but not limited to, reasonable attorneys fees; and (d) takes such action as the Authority may 1156 reasonably require to assure that the lien of this Mortgage, the Authority’s rights in the Property 1157 and Borrower’s obligation to pay the sums secured by this Mortgage shall continue unchanged. 1158 Upon reinstatement by Borrower, this Mortgage and the obligations secured hereby shall remain 1159 fully effective as if no acceleration had occurred. 1160 1161 14. HAZARDOUS SUBSTANCES. Borrower shall not cause or permit the presence, 1162 use, disposal, storage, or release of any hazardous substances on or in the Property, except those 498884v1 MNI RS275-12 9