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4.6. SR 08-20-2018
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4.6. SR 08-20-2018
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8/17/2018 10:28:18 AM
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8/20/2018
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AMENDED AND RESTATED <br />ENERGY EFFICIENCY IMPROVEMENT PROGRAM <br />LOAN AGREEMENT <br />THIS AMENDED AND RESTATED ENERGY EFFICIENCY <br />IMPROVEMENT PROGRAM LOAN AGREEMENT (the “Agreement") is made <br />effective as of __________, 2018(the“Closing Date”), by and between ALAN <br />ARNOLD CORPORATION, a Minnesota corporation ("Borrower"), and the <br />ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ELK RIVER, a <br />public body corporate and politic of the State of Minnesota("Lender"), and amends and <br />restatesin all respectsthe Loan Agreement, dated September 10, 2013(the “Original <br />Loan Agreement”), by and between the Borrower and the Lender. <br />RECITALS <br />A.On September 10, 2013, the EDA provided a loan to the Borrower <br />pursuant to the EDA Energy Efficiency Improvement Program, in the amount of <br />Seventy-Four Thousand Nine Hundred Ninety-Nine and No/100s Dollars ($74,999.00) <br />(the “Original Loan”)of which Forty Thousand and Four Hundred Eighty-Two and <br />91/100s Dollars ($40,482.91) is currently outstanding.The Original Loan was secured by <br />a PromissoryNote, dated September 10, 2013(the “Original Promissory Note”), from <br />Borrowerto the Lender, a Security Agreement, dated September 10, 2013 (the “Security <br />Agreement”), from the Borrower to the Lenderproviding a security interest in certain <br />equipmentfinanced with the proceeds of the Original Loan,and Guaranty Agreements, <br />each dated September 10, 2013(together, the “Original Guaranties”), from Brian <br />Brehmer, Nancy Brehmer,Allen Meyerand Yankee Doodle Enterprises, LLC. <br />B.To complete the Improvements described herein, the Borrowerhas <br />requestedan additional loanin the principal amount of $19,175.00 from the Lender, <br />pursuant to the EDA Energy Efficiency Improvement Program (the “New Loan”, and <br />together with the Original Loan, the “Loan”). <br />C.The Borrower and the Lender desire to amend and restated the Original <br />Loan Agreement to provide the New Loan to the Borrower subject to the terms and <br />conditions of this Agreement. <br />D.On the datein the principal amount of the Loan is Fifty-Nine Thousand <br />Six Hundred and Fifty-Eight and 91/100s Dollars ($59,657.91). <br />E.Contemporaneously with the execution hereof, Borrower is executing and <br />delivering to Lender the following security documents: <br />(i)An Amended and RestatedPromissory Note effective as of the <br />date herewith ("Note") made by Borrower and payable to the order of Lender <br />which amends and restated the Original Promissory Note and secures the Loan; <br />
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