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such applicable law, but, if any provision of this Mortgage or any other statement, instrument or <br /> transaction contemplated hereby or relating hereto shall be held to be prohibited or invalid under <br /> such applicable law, such provision shall be ineffective only to the extent of such prohibition or <br /> invalidity, without invalidating the remainder of such provision or the remaining provisions of <br /> this Mortgage or any other statement, instrument or transaction contemplated hereby or relating <br /> hereto. <br /> Section 5.5 Waiver of Jury Trial. Developer and City each irrevocably waives any <br /> and all right to trial by jury in any legal proceeding arising out of or relating to this Mortgage or <br /> any of the other Abatement Documents or the transactions contemplated hereby or thereby. <br /> Section 5.6 Effect. This Mortgage is in addition and not in substitution for any other <br /> guarantees, covenants, obligations or other rights now or hereafter held by City from any other <br /> person or entity in connection with the Obligations. <br /> Section 5.7 Assignability. City shall have the right to assign this Mortgage, in whole <br /> or in part, or sell participation interests herein, to any person obtaining an interest in the <br /> Obligations. <br /> Section 5.8 Headings. Headings of the Sections of this Mortgage are inserted for <br /> convenience only and shall not be deemed to constitute a part hereof <br /> Section 5.9 Fixture Filing. This instrument shall be deemed to be a Fixture Filing <br /> within the meaning of the Minnesota Uniform Commercial Code, and for such purpose, the <br /> following information is given: <br /> Name and address of Debtor: Envision Company, LLC <br /> 10800— 175th Ave NW <br /> Elk River, MN 55330 <br /> Attn: City Administrator <br /> Name and address of <br /> Secured Party: City of Elk River <br /> 13065 Orono Parkway <br /> Elk River, MN 55330 <br /> Attn: City Administrator <br /> Description of the types (or <br /> items) of property covered <br /> by this Fixture Filing: See granting clause on pages 2 and 3 hereof. <br /> Description of real estate <br /> to which the collateral is <br /> attached or upon which it <br /> is or will be located: See Exhibit A hereto. <br /> Some of the above-described collateral is or is to become fixtures upon the above- <br /> described real estate, and this Fixture Filing is to be filed for record in the public real estate <br /> C-14 <br /> 455958v10 SJS EL185-31 <br />