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C. As a condition of providing the loan pursuant to the Loan Agreement, Lender <br />required that Mortgagor's obligations under the Loan Agreement be 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 A hereto, (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 AND TO 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 Mortgage shall <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 Mortgaged Property is free from all liens and <br />encumbrances except a mortgage in favor of MidWestOne Bank in the amount of $ <br />(the "First Lien Mortgage ") and those other certain permitted encumbrances identified in Exhibit <br />B hereto (the "Permitted Encumbrances "); that Mortgagee shall quietly enjoy and possess the <br />Mortgaged Property; that Mortgagor will warrant and defend the title to the Mortgaged Property <br />2 <br />498526v1 EL185 -51 <br />