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493503v1 JSB EL185-13 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />FIRST AMENDMENT TO MORTGAGE AND ASSIGNMENT OF RENTS AND <br />SECUIRTY AGREEMENT AND FIXTURE FINANCING STATEMENT <br /> <br /> <br /> THIS AMENDMENT is made as of January __, 2017, between Yankee Doodle <br />Enterprises, LLC (the “Mortgagor”) and the Economic Development Authority of the City of Elk <br />River, Minnesota, as mortgagee (the “Mortgagee”). <br /> <br />RECITALS <br /> <br /> A. Mortgagor, for the benefit of Mortgagee, has executed and delivered that certain <br />Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and <br />Rents, dated September 10, 2013, and filed on September 18, 2013 as Document Number 49208 <br />in the Office of the County Recorder of Sherburne County, Minnesota (the “Mortgage”). <br /> <br /> B. To (i) reflect that certain real property subject to the Mortgage will be sold and <br />released from the Mortgage and certain other real property will be added to the lien of the <br />Mortgage and (ii) to allow certain easements over the mortgaged property as permitted <br />encumbrances, the Mortgagor has requested and Mortgagee has agreed to amend the Mortgage as <br />provided herein. <br /> <br /> C. This is a mortgage amendment as defined in Minnesota Statutes, Section 287.01, <br />Subdivision 2, and as such it does not secure a new or an increased amount of debt. Minn. Stat. <br />287.05, Subd. 8. Mortgage registry tax was paid with respect to the indebtedness secured by the <br />Mortgage on the date of recording. <br /> <br /> NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of <br />which is hereby acknowledged, the parties hereto agree as follows: <br /> <br /> 1. Recitals. The above recitals are true and correct as of the date hereof and <br />constitute a part of this Amendment. <br /> <br /> 2. Terms. All capitalized terms used herein shall have the meaning ascribed to them <br />in the Mortgage unless otherwise specifically defined herein.