of
rents under this paragraph 16 shall continue until expiration of the redemption
period from any foreclosure sale, whether or not any deficiency remains after a
foreclosure sale.
17.
FORBEARANCE NOT A WAIVER; RIGHTS AND REMEDIES CUMULATIVE.
NO
DELAY BY THE MORTGAGEE IN EXERCISING ANY RIGHT OR REMEDY PROVIDED HEREIN OR
OTHERWISE AFFORDED BY LAW OR EQUITY SHALL BE DEEMED A WAIVER OF OR PRECLUDE THE
EXERCISE OF SUCH RIGHT OR REMEDY, AND NO WAIVER BY THE MORTGAGEE OF ANY
PARTICULAR PROVISION OF THIS MORTGAGE SHALL BE DEEMED EFFECTIVE UNLESS IN
WRITING SIGNED BY THE MORTGAGEE.
ALL SUCH RIGHTS AND REMEDIES PROVIDED FOR
HEREIN OR WHICH THE MORTGAGEE MAY HAVE OTHERWISE, AT LAW OR IN EQUITY, SHALL BE
DISTINCT, SEPARATE AND CUMULATIVE AND MAY BE EXERCISED CONCURRENTLY,
INDEPENDENTLY OR SUCCESSIVELY IN ANY ORDER WHATSOEVER, AND AS OFTEN AS THE
OCCASION THEREFOR ARISES.
THE MORTGAGEE'S TAKING ACTION PURSUANT TO PARAGRAPH
11 SHALL NOT IMPAIR ANY RIGHT OR REMEDY AVAILABLE TO THE MORTGAGEE UNDER
PARAGRAPH 16 HEREOF.
18.
EXPENSE OF EXERCISING RIGHTS, POWERS AND REMEDIES.
THE REASONABLE
EXPENSES (INCLUDING ANY RECEIVER'S FEES, ATTORNEYS' FEES, APPRAISERS' FEES,
ENVIRONMENTAL ENGINEERS' AND/OR CONSULTANTS' FEES, COSTS INCURRED FOR
DOCUMENTARY AND EXPERT EVIDENCE, STENOGRAPHERS' CHARGES, PUBLICATION COSTS,
COSTS (WHICH MAY BE ESTIMATED AS TO ITEMS TO BE EXPENDED AFTER ENTRY OF THE
DECREE OF FORECLOSURE) OF PROCURING ALL ABSTRACTS OF TITLE, CONTINUATIONS OF
ABSTRACTS OF TITLE, TITLE SEARCHES AND EXAMINATIONS, TITLE INSURANCE POLICIES
AND COMMITMENTS AND EXTENSIONS THEREFOR, UCC AND CHATTEL LIEN SEARCHES, AND
SIMILAR DATA AND ASSURANCES WITH RESPECT TO TITLE AS MORTGAGEE MAY DEEM
REASONABLY NECESSARY EITHER TO PROSECUTE ANY FORECLOSURE ACTION OR TO EVIDENCE
TO BIDDERS AT ANY SALE WHICH MAY BE HAD PURSUANT TO ANY FORECLOSURE DECREE THE
TRUE CONDITION OF THE TITLE TO OR THE VALUE OF THE LAND, AND AGENT'S
COMPENSATION) INCURRED BY MORTGAGEE AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT
AND/OR IN PURSUING THE RIGHTS, POWERS AND REMEDIES CONTAINED IN THIS MORTGAGE
SHALL BE IMMEDIATELY DUE AND PAYABLE BY MORTGAGOR, WITH INTEREST THEREON FROM
THE DATE INCURRED AT THE DEFAULT RATE (AS DEFINED IN THE CREDIT AGREEMENT), AND
SHALL BE ADDED TO THE INDEBTEDNESS SECURED BY THIS MORTGAGE.
19.
NOTICE.
ANY NOTICE FROM THE MORTGAGEE TO THE MORTGAGOR UNDER THIS
MORTGAGE SHALL BE IN WRITING AND SHALL BE MAILED OR DELIVERED IN THE MANNER SET
FORTH IN THE SUBSIDIARY GUARANTEE.
20.
GOVERNING LAW; SEVERABILITY.
THIS MORTGAGE SHALL BE CONSTRUED,
GOVERNED AND ENFORCED ACCORDING TO THE LAWS OF THE STATE OF NEW YORK, PROVIDED,
HOWEVER, THAT MATTERS OF CREATION, PERFECTION, PRIORITY OR ENFORCEABILITY OF ANY
AND ALL RIGHTS AND REMEDIES PROVIDED FOR HEREIN SHALL BE GOVERNED BY THE LAWS OF
THE STATE OF MINNESOTA.
TO THE EXTENT THAT THIS MORTGAGE MAY OPERATE AS A
SECURITY AGREEMENT UNDER THE CODE, MORTGAGEE SHALL HAVE ALL RIGHTS AND REMEDIES
CONFERRED THEREIN FOR THE BENEFIT OF A SECURED PARTY AS SUCH TERM IS DEFINED IN
THE CODE.
IN THE EVENT THAT ANY PROVISION OR CLAUSE OF THIS MORTGAGE CONFLICTS
WITH APPLICABLE LAW, SUCH CONFLICT