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6.6. EDSR 01-20-2015
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6.6. EDSR 01-20-2015
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1/16/2015 3:27:24 PM
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City Government
type
EDSR
date
1/15/2015
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<br />in Sherburne County, Minnesota legally described as Lot 2, Block 1, Elk River Business <br />Park, according to the plat thereof on file and of record in Sherburne County, State of <br />Minnesota (the “Loan Property”) as well as a security interest in certain other property <br />described therein. <br /> <br /> <br />D.Contemporaneously with the execution hereof, Borrower is entering into a <br />contract for deed with Elk River Business Park, LLC to purchase the Loan Property. <br /> <br />NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is <br />hereby agreed as follows: <br /> <br /> <br />1.Amount and Purpose of Loan. Borrower agrees to take and Lender agrees to <br />make a mortgage loan in the principal amount of Two Hundred Thousand and No/100s Dollars <br />($200,000.00) (the “Loan”) to be advanced in a single disbursement as hereinafter provided, the <br />Loan to be evidenced by the Note and secured by the Security Agreement, the Personal <br />Guaranties, the Entity Guaranty, the Life Insurance Security Agreement, the Mortgage and any <br />other security document required under this Agreement. The Loan proceeds will be used only <br />towards a down payment on Borrower’s purchase of the Loan Property. <br /> <br /> <br />2.Equipment and Security Interest. The Entity Guarantor has provided Lender a <br />preliminary list of the Equipment that shall be subject to the Equipment Security Interest, which <br />is attached as Exhibit A. The Security Agreement will provide Lender with a first priority <br />security interest in the Equipment. <br /> <br /> <br />3.Title Insurance. Sherburne County Abstract and Title Company (“Title”) is <br />[A3] <br />designated as the title insurer with respect to this Agreement. Title will insure Lender against <br />loss or damage on account of mechanic’s liens upon or unmarketability of the title to the Loan <br />Property, and will ensure that the Mortgage constitutes a first priority lien upon Borrower’s <br />interest in the Loan Property as contemplated by this Agreement, subject only to the Contract <br />for Deed entered into by Borrower to purchase the Loan Property from Elk River Business Park, <br />LLC that is dated ______________, 2015 (the “Contract for Deed”). Borrower agrees to <br />[A4] <br />promptly and fully observe and comply with the reasonable requirements of Title and Lender <br />with respect to the title, the Mortgage, disbursements of funds and such other reasonable <br />requirements as Title may make. <br /> <br /> <br />4.Documents to be Delivered. Borrower covenants and agrees to immediately <br />cause the compliance with the following conditions: <br /> <br /> <br />(a)Note. Deliver to Lender the Note. <br /> <br /> <br />(b)Security Agreement. Deliver to Lender the Security Agreement, together <br />with evidence that a UCC-1 Financing Statement has been or will be duly filed for <br />record. <br /> <br /> <br />(c)Personal Guaranties. Deliver to Lender the Personal Guaranties. <br /> <br />2 <br />454752v2 EL185-29 <br />
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