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5. EDSR 07-15-2013
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5. EDSR 07-15-2013
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7/15/2013 11:48:33 AM
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7/11/2013 4:19:18 PM
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City Government
type
EDSR
date
7/15/2013
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LOAN AGREEMENT <br /> THIS LOAN AGREEMENT ("Agreement") is made effective as of August , <br /> 2013, by and between PREFERRED REAL ESTATE HOLDINGS, LLC, a Minnesota <br /> limited liability company ("Borrower"), and the ECONOMIC DEVELOPMENT <br /> AUTHORITY OF THE CITY OF ELK RIVER, a public body corporate and politic of <br /> the State of Minnesota("Lender"). <br /> RECITALS <br /> A. Borrower has applied to Lender for a construction and term mortgage loan <br /> on the Loan Property (as hereinafter defined) in the principal amount of$100,000.00. <br /> B. Lender is willing to make such mortgage loan to Borrower in the principal <br /> amount of $100,000.00 (the "Loan"), subject to all of the terms and conditions of this <br /> Agreement. <br /> C. Contemporaneously with the execution hereof, Borrower is executing and <br /> delivering to Lender the following security documents: <br /> (i) A Promissory Note ("Note") effective as of the date herewith made <br /> by Borrower and payable to the order of Lender, in the original principal amount <br /> of$100,000.00. <br /> (ii) A Mortgage and Assignment of Rents and Security Agreement and <br /> Fixture Financing Statement securing the Note ("Mortgage"). The Mortgage is of <br /> even date herewith, is executed by Borrower, as mortgagor, in favor of Lender, as <br /> mortgagee, and covers property therein described situated in Sherburne County, <br /> Minnesota (the "Loan Property") as well as a security interest in certain <br /> equipment to be purchased using the proceeds of the Loan (the"Equipment"). <br /> (iii) The personal guaranties of Dan Bosshart, of <br /> Borrower and Lloyd Peterson, of Borrower (collectively, the <br /> "Guaranties"); and <br /> NOW, THEREFORE, in consideration of the mutual covenants hereinafter <br /> contained, it is hereby agreed as follows: <br /> 1. Amount and Purpose of Loan. Borrower agrees to take and Lender agrees <br /> to make a mortgage loan in the principal amount of One Hundred Thousand and No/100s <br /> Dollars ($100,000.00) (the "Loan") to be advanced in a single disbursement as hereinafter <br /> provided, the Loan to be evidenced by the Note and secured by the Mortgage, the <br /> Guaranty and any other security document required under this Agreement. The Loan <br /> proceeds will be used only to pay for the costs of the purchase of the Equipment. <br />
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