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533955v3 GAF EL185-57 <br />amount of $19.175.00 (the “New Loan”, and together with the Original Loan, the “Loan”) to the <br />Borrower pursuant to an Amended and Restated Energy Efficiency Improvement Program Loan <br />Agreement, dated the date hereof, between the Borrower and the Mortgagee. The Loan will be <br />secured by an Amended and Restated Promissory Note, dated the date hereof (the “Note”), from <br />the Borrower to the Mortgagee the balance of the Note being due and payable in full on <br />____________ (the “Maturity Date”). The Note is secured by, among other items, a Corporate <br />Guaranty, from the Mortgagor to the Mortgagee. As a condition of making the New Loan, the <br />Mortgagee required that the Mortgagor deliver this Mortgage to secure the Corporate Guaranty. <br /> <br />. D. Mortgage registration tax was previously paid in connection with the Original <br />Mortgage with respect to a mortgage lien in the aggregate amount of $74,999 and currently <br />outstanding in the amount of $40,482.91 and the Original Mortgage is being amended and <br />restated in its entirety by the terms of this Mortgage with respect to a mortgage lien in the <br />aggregate amount of $59,657.91. The principal amount secured by this Mortgage has increased <br />by $19,175 upon which mortgage registration tax is due and owing. <br /> <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 Corporate Guaranty <br />(collectively “Obligations”); and to secure the performance of all covenants, conditions and <br />agreements herein and in the Corporate Guaranty, Mortgagor does hereby mortgage, grant, <br />bargain, sell, release and convey unto Mortgagee, with power of sale, forever all of Mortgagor’s <br />right, 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 equipment purchased with the Loan proceeds, as set forth on <br />Exhibit A to the Loan Agreement, as updated from time to time (collectively, the “Equipment”); <br />and (v) all additions, accessions, increases, parts, fittings, accessories, replacements, <br />substitutions, betterments, repairs and proceeds to any and all of the foregoing; and (vi) all <br />hereditaments, easements, appurtenances, estates, rents, issues, profits, condemnation awards, <br />proceeds of policies of insurance and other rights and interests now or hereafter belonging or in <br />any way pertaining to the Land or to any building or improvement now or hereafter located <br />thereon; and (vii) all leases or other occupancy agreements now or hereafter in effect in any way <br />appertaining to the Land or to any building or improvement now or hereafter located thereon, <br />including, without limitation, all cash and security deposits, advance rentals and deposits or <br />payments of a similar nature (“Leases”), and all Rents (as herein defined) (all of the foregoing, <br />together with the Land, hereinafter being referred to as the “Property” or “Mortgaged Property”), <br /> TO HAVE AND TO HOLD the Mortgaged Property unto Mortgagee forever;