OBLIGATIONS
OR UNDERTAKINGS ON ITS PART TO PERFORM OR DISCHARGE ANY OF THE TERMS, COVENANTS
OR AGREEMENTS CONTAINED IN SUCH LEASE.
SHOULD MORTGAGEE INCUR ANY SUCH
LIABILITY, LOSS OR DAMAGE UNDER ANY LEASE OR UNDER OR BY REASON OF ITS
ASSIGNMENT, OR IN THE DEFENSE OF ANY CLAIMS OR DEMANDS, THE AMOUNT THEREOF,
INCLUDING COSTS, EXPENSES AND REASONABLE ATTORNEYS' FEES, SHALL BE SECURED
HEREBY.
MORTGAGOR SHALL REIMBURSE MORTGAGEE THEREFOR IMMEDIATELY UPON DEMAND
WITH INTEREST PAYABLE AT THE DEFAULT RATE (AS DEFINED IN THE CREDIT AGREEMENT).
33.
SUCCESSORS AND ASSIGNS BOUND; NUMBER; GENDER; AGENTS; CAPTIONS;
AMENDMENTS.
THE COVENANTS AND AGREEMENTS HEREIN CONTAINED SHALL BIND, AND THE
RIGHTS HEREUNDER SHALL INURE TO, THE RESPECTIVE HEIRS, LEGAL REPRESENTATIVES,
SUCCESSORS AND ASSIGNS OF THE MORTGAGEE AND THE MORTGAGOR; PROVIDED, HOWEVER,
THAT THIS PARAGRAPH 33 SHALL NOT LIMIT THE EFFECT OF PARAGRAPH 15(J).
WHEREVER
USED, THE SINGULAR NUMBER SHALL INCLUDE THE PLURAL, AND THE PLURAL THE SINGULAR,
AND THE USE OF ANY GENDER SHALL APPLY TO ALL GENDERS.
THE CAPTIONS AND HEADINGS
OF THE PARAGRAPHS OF THIS MORTGAGE ARE FOR CONVENIENCE ONLY AND ARE NOT TO BE
USED TO INTERPRET OR DEFINE THE PROVISIONS HEREOF.
NO AMENDMENT OF THIS
MORTGAGE SHALL BE EFFECTIVE UNLESS IN A WRITING EXECUTED BY THE MORTGAGOR AND
THE MORTGAGEE.
34.
NON-AGRICULTURAL USE.
MORTGAGOR REPRESENTS AND WARRANTS THAT AS
OF THE DATE OF THIS MORTGAGE, THE MORTGAGED PROPERTY IS NOT IN AGRICULTURAL USE
AS DEFINED IN MINN. STAT. § 40A.02, SUBD. 3 AND IS NOT USED FOR AGRICULTURAL
PURPOSES.
35.
MATURITY DATE.
THE LATEST OBLIGATION SECURED BY THIS MORTGAGE
MATURES ON MAY 15, 2003.
36.
Last Dollars Secured. This Mortgage secures only a portion of the
Guaranteed Obligations owing or which may become owing by Mortgagor. The parties
agree that any payments or repayments of such Guaranteed Obligations by
Mortgagor shall be and be deemed to be applied first to the portion of the
Guaranteed Obligations that is not secured hereby, it being the parties' intent
that the portion of the Guaranteed Obligations last remaining unpaid shall be
secured hereby.
37.
Conflicts with Credit Agreement. Notwithstanding anything in this
Mortgage to the contrary, in the event of a conflict or patent inconsistency
between the terms of this Mortgage and the Credit Agreement, the terms of the
Credit Agreement shall govern and apply.
38.
PROTECTIVE ADVANCES.
(A)
WITHOUT LIMITING MORTGAGEE'S FORECLOSURE RIGHTS, ALL ADVANCES,
DISBURSEMENTS AND EXPENDITURES MADE BY MORTGAGEE BEFORE AND DURING A
FORECLOSURE, AND BEFORE AND AFTER JUDGMENT OF FORECLOSURE, AND AT ANY TIME PRIOR
TO SALE, AND, WHERE APPLICABLE, AFTER SALE, AND DURING THE PENDENCY OF ANY
RELATED PROCEEDINGS, MAY BE USED FOR THE FOLLOWING PURPOSES, IN ADDITION TO
THOSE OTHERWISE AUTHORIZED BY THIS MORTGAGE (ALL SUCH ADVANCES, DISBURSEMENTS
AND EXPENDITURES HERETOFORE AND HEREAFTER REFERRED TO IN THIS PARAGRAPH 38 AND
ELSEWHERE IN THIS MORTGAGE, COLLECTIVELY, "PROTECTIVE ADVANCES"):
(I)
ALL ADVANCES BY MORTGAGEE IN ACCORDANCE WITH THE TERMS OF THIS
MORTGAGE TO: (A) PRESERVE OR MAINTAIN, REPAIR, RESTORE OR REBUILD THE LAND OR
OTHER IMPROVEMENTS UPON THE LAND; (B)