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C.Mortgagor is the landlord under that certain unrecorded leased dated _______,
<br />20__, withDie Concepts, Inc. (the “Entity Guarantor”), as tenant leasing a portion of the
<br />Mortgaged Property to theEntity Guarantor.
<br />D.As a condition of providingthe loan pursuant to the Loan Agreement, Lender
<br />required that Mortgagor’s obligations under the Loan Agreementbe secured by this Mortgage.
<br />NOW THEREFORE, in consideration of the Recitals and for the purpose of securing the
<br />payment and performance of all of Mortgagor’s obligations under the Loan Agreement
<br />(collectively “Obligations”); and to secure the performance of all covenants, conditions and
<br />agreements herein and in the Loan Agreement, Mortgagor does hereby mortgage, grant, bargain,
<br />sell, release and convey unto Mortgagee, with power of sale, forever all of Mortgagor’s right,
<br />title and interest in all the tracts or parcels of land lying and being in Sherburne County,
<br />Minnesota, legally described in Exhibit Ahereto, (hereinafter the “Land”), whether now owned
<br />or hereafter acquired, together with: (i) all building materials, supplies and equipment now or
<br />hereafter located on the Land and suitable or intended to be incorporated in any building,
<br />structure, or other improvement located or to be erected on the Land; and (ii) all of the buildings,
<br />structures and other improvements now standing or at any time hereafter constructed or placed
<br />upon the Land; and (iii) all heating, plumbing and lighting apparatus, motors, engines, and
<br />machinery, electrical equipment, incinerator apparatus, air conditioning equipment, water and
<br />gas apparatus, pipes, faucets, and all other fixtures of every description which are now or may
<br />hereafter be placed or used upon the Land or in any building or improvement now or hereafter
<br />located thereon; and (iv) all additions, accessions, increases, parts, fittings, accessories,
<br />replacements, substitutions, betterments, repairs and proceeds to any and all of the foregoing;
<br />and (v) all hereditaments, easements, appurtenances, estates, rents, issues, profits, condemnation
<br />awards, proceeds of policies of insurance and other rights and interests now or hereafter
<br />belonging or in any way pertaining to the Land or to any building or improvement now or
<br />hereafter located thereon; and (vi) all leases or other occupancy agreements now or hereafter in
<br />effect in any way appertaining to the Land or to any building or improvement now or hereafter
<br />located thereon, including, without limitation, all cash and security deposits, advance rentals and
<br />deposits or payments of a similar nature (“Leases”), and all Rents (as herein defined) (all of the
<br />foregoing, together with the Land, hereinafter being referred to as the “Property”or “Mortgaged
<br />Property”),
<br />TO HAVE ANDTO HOLD the Mortgaged Property unto Mortgagee forever;
<br />PROVIDED, NEVERTHELESS, that this Mortgage is given upon the express condition
<br />that if Mortgagor shall cause to be paid and performed all of the Obligations, and shall also keep
<br />and perform all and singular the covenants herein contained on the part of Mortgagor to be kept
<br />and performed, then the Mortgage and the estate hereby granted shall cease and be and become
<br />void and shall be released of record at the expense of Mortgagor; otherwise this Mortgageshall
<br />be and remain in full force and effect.
<br />MORTGAGOR REPRESENTS, WARRANTS AND COVENANTS to and with
<br />Mortgagee that Mortgagor has good right and full power and authority to execute this Mortgage
<br />and to mortgage the Mortgaged Property; that the MortgagedProperty is free from all liens and
<br />encumbrances except a mortgage in favor of CorTrust Bankin the amount of $540,800.00(the
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<br />477340v3 EL185-40
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