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7.1. EDSR 09-16-2019
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7.1. EDSR 09-16-2019
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1 <br />611369v1EL185-30 <br />AMENDED AND RESTATED SECURITY AGREEMENT <br />(Microloan) <br /> <br /> This AMENDED AND RESTATED SECURITY AGREEMENT (“Agreement”) is made <br />to be effective as of ___________, 2019, by DISTINCTIVE IRON CO., LLC, a Minnesota <br />limited liability company (“Distinctive Iron”) and the ECONOMIC DEVELOPMENT <br />AUTHORITY OF THE CITY OF ELK RIVER (the “Secured Party”), which amends and <br />restates in all respects the Security Agreement, dated February 17, 2015 (the “Original Security <br />Agreement”), by and between the Borrower and the Lender. <br /> <br />AGREEMENT <br /> <br />In consideration of the above recitals, and the promises set forth in this Agreement, the <br />parties agree as follows: <br /> <br />1. OBLIGATIONS. “Obligations” means collectively each debt, liability and obligation of <br />every type and nature which Hemmer Companies L.L.C., a Minnesota limited liability <br />company (“Hemmer”) may now or at any time hereafter owe to Secured Party (including <br />without limitation the obligations created under the loan agreement (the “Loan <br />Agreement”) and the promissory note of Hemmer to Secured Party of even date herewith <br />and all amendments, replacements, restatements, and substitutions therefore), together <br />with Distinctive Iron’s obligations to Secured Party pursuant to the Entity Guaranty of <br />even date herewith, whether now existing or hereafter created or arising, and whether <br />direct or indirect, due or to become due, absolute or contingent, and the repayment or <br />performance of any of the foregoing if any such payment or performance is at any time <br />avoided, rescinded, set aside, or recovered from or repaid by Secured Party, in whole or <br />in part, in any bankruptcy, insolvency, or similar proceeding instituted by or against <br />Hemmer, Distinctive Iron or any guarantor of any Obligation, or otherwise, including but <br />not limited to all principal, interest, fees, expenses and other charges. <br /> <br />2. COLLATERAL. “Collateral” means collectively all of the following property of <br />Distinctive Iron, whether now owned or hereafter acquired and wherever located: (a) <br />equipment specified on the attached Exhibit A; (b) accessions, additions and <br />improvements to, replacements of, and substitutions for any of the foregoing; (c) all <br />products and proceeds of any of the foregoing; and (d) books, records and data in any <br />form relating to any of the foregoing. <br /> <br />3. SECURITY INTEREST. Distinctive Iron grants to Secured Party a security interest <br />(“Security Interest”) in the Collateral to secure the payment and performance of the <br />Obligations. The Security Interest continues in effect until this Agreement is terminated <br />in writing by Secured Party. <br /> <br />4. REPRESENTATIONS, WARRANTIES AND COVENANTS. Distinctive Iron <br />represents, warrants and agrees that: <br /> <br />4.1. Principal Office/Residence. Distinctive Iron’s chief executive office/residence is
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