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3.5 EDSR 11-21-2016
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3.5 EDSR 11-21-2016
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11/18/2016 10:50:07 AM
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11/18/2016 10:32:24 AM
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City Government
type
EDSR
date
11/21/2016
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'�. obsolete, worn out,or(ii) unsuitable,undesirable or unnecessary for the operation of the <br /> Mortgaged Property, Mortgagor may, at its expense, remove and dispose of it and <br /> substitute and install other items not necessarily having the same function, provided,that <br /> such removal and substitution shall not impair the operating utility and unity of the <br /> Mortgaged Property. The foregoing notwithstanding, any Equipment that is replaced <br /> pursuant to the foregoing sentence must be replaced with new equipment of substantially <br /> similar function and value, unless Mortgagee consents otherwise. In any such case, <br /> Mortgagor shall promptly inform Mortgagee of such replacement and shall provide <br /> Mortgagee with any information Mortgagee reasonably requires to secure its interest in <br /> such replacement Equipment. With respect to items which are a part of the Mortgaged <br /> Property, all items substituted for such items shall become a part of the Mortgaged <br /> Property and subject to the lien of this Mortgage. Any amounts received or allowed <br /> Mortgagor upon the sale or other disposition of the removed items of property shall be <br /> applied against the cost of acquisition and installation of the substituted items. Nothing <br /> herein contained shall be construed to prevent any tenant or subtenant from removing <br /> from the Mortgaged Property trade fixtures, furniture and equipment installed by it and <br /> removable by tenant under its terms of any one or more of the Leases, on the condition, <br /> however, that Mortgagor shall assure the repair of any and all damages to the Mortgaged <br /> Property resulting from or caused by the removal thereof. <br /> Mortgagee acknowledges that no items of personal property are included in the <br /> Mortgaged Property. <br /> 6.2 Fixture Filing. From the date of its recording, this Mortgage shall be <br /> effective as a financing statement with respect to all goods constitutin g part of the <br /> Mortgaged Property which are or are to become fixtures related to the real estate <br /> described herein. For this purpose,the following information is set forth: <br /> (a) Name and Address of Debtors: <br /> Blue Egg Market,LLC <br /> 713 Main Street <br /> Elk River,Minnesota <br /> Attn: Chief Manager <br /> Organization I.D.Number:4135101-4 <br /> (b) Name and address of Secured Party: <br /> Economic Development Authority of the City of Elk River <br /> 13065 Orono Parkway <br /> Elk River,MN 55330 <br /> Attn:Director of Economic Development <br /> • <br /> (c) This document covers goods which are or are to become <br /> fixtures. <br /> -17- <br />
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