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2009_1207_Packet
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2009_1207_Packet
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a) The failure to pay the indebtedness hereby secured or the interest (if any) thereon, <br />as it becomes due; <br />b) The failure to pay any installment of the principal or interest (if any) on any prior <br />mortgage or mortgages on the Premises, as the same becomes due; <br />c) The failure to pay, when due, the taxes or special assessments on the Premises; <br />d) The failure to keep the improvements on the Premises insured as herein provided; <br />e) The failure to keep and perform any of the covenants and agreements herein <br />contained to be kept and performed by Mortgagor; or <br />f) The sale, assignment, conveyance or other transfer (whether by deed, contract for <br />deed, lease or otherwise) of the Premises, except for transfer of limited <br />partnership interests in the Mortgagor and otherwise provided for in the Mortgage <br />Loan Rider attached hereto as Exhibit B and incorporated herein. <br />Upon the occurrence of any Event of Default, Mortgagor hereby authorizes and <br />empowers Mortgagee to declare the entire indebtedness hereby secured to be <br />immediately due and payable, at Mortgagee's option, and to enforce the payment thereof <br />and to foreclose this Mortgage by sale of the Premises at public auction and convey the <br />same to the purchaser in fee simple, pursuant to the statutes of the State of Minnesota, <br />and out of the monies arising from said sale to retain (i) the principal which shall then be <br />due on the indebtedness secured hereby, and interest, if any, accrued thereon, (ii) an <br />amount equal to all taxes and special assessments paid by Mortgagee upon the Premises, <br />or then levied and unpaid, (iii) any sum paid by Mortgagee for principal or interest on <br />any prior mortgage or mortgages on the Premises, and (iv) costs and disbursements of <br />such foreclosure, including statutory attorney's fees; and to pay the surplus, if any, to <br />Mortgagor. In the event of any default hereunder the Mortgagor agrees to pay the costs of <br />collection including reasonable attorneys' fees. <br />9. So long as this Mortgage and the Note evidencing the indebtedness secured hereby are <br />held by Mortgagee, Mortgagor will not execute or file for record any instrument which <br />imposes a restriction upon the sale or occupancy of the Premises on the basis of race, <br />color, religion, or sex. <br />10. No delay by Mortgagee in exercising any right or remedy provided herein or otherwise <br />afforded by law or equity shall be deemed a waiver of or preclude the exercise of such <br />right or remedy. All such rights and remedies shall be distinct and cumulative and may <br />be exercised singularly or serially (in any order) or concurrently, and as often as the <br />occasion therefore arises. <br />1 L Mortgagee may at any time and from time to time, without notice, release any person <br />liable for the payment of any indebtedness under the Note, extend the time or agree to <br />alter the terms of payment of any indebtedness, release any property securing any <br />indebtedness, consent to the creation of any easement on the Premises, or agree to alter or <br />amend the terms of this Mortgage in any way, all without in any way affecting the <br />fb.us.4624999.03 3 <br />
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