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2 <br />560346v1 JSB EL185-13 <br /> <br />Original Mortgage as amended by this First Amendment and Assignment on the date of <br />recording of the Original Mortgage. <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 First Amendment and Assignment. <br /> <br /> 2. Terms. Except as set forth in paragraph 3 below, the terms used herein shall have <br />the meaning ascribed to them in the Original Mortgage unless otherwise specifically defined <br />herein. <br /> <br /> 3. Amendment. The term “Owner” in the Mortgage is hereby amended and shall <br />hereinafter mean Kyle A. Torfin. <br /> <br /> 4. Assignment. Assignor does hereby grant, transfer, and assign to Assignee all of <br />Assignor’s rights, title, benefits and interest in, to and under the Original Mortgage to the <br />Assignee. Assignee, as of the date hereof, hereby accepts the foregoing assignment, and assumes <br />and agrees to faithfully abide by, perform, and discharge each and every term, covenant, and <br />condition of the Original Mortgage applicable to the “Owner” and to be fully bound by all of the <br />foregoing. The Assignee hereby agrees to assume the sole obligation to repay the Installment <br />Loan. <br /> <br /> 5. Existing Provisions. Except as herein amended, all terms and provisions of the <br />Original Mortgage, as originally executed as October 20, 2017, shall remain in full force and <br />effect. <br /> <br /> 6. Governing Law. This First Amendment and Assignment shall be governed by and <br />construed in accordance with the laws of the State of Minnesota. <br /> <br />7. Execution Counterparts. This First Amendment and Assignment may be <br />simultaneously executed in several counterparts, each of which shall be an original and all of <br />which shall constitute but one and the same instrument. <br /> <br /> <br /> <br />(The remainder of this page is intentionally left blank.)