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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.
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<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.
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<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;
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