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AMENDMENT TO MORTGAGE AND <br /> REPAYMENT AGREEMENT <br /> THIS AMENDMENT TO MORTGAGE AND REPAYMENT AGREEMENT(this"Agreement")is <br /> made and entered into this 5th day of October, 2020(the "Effective Date")by and between MATTHEW <br /> R. HICKS and CAROL MARIE HICKS, Spouses Married to Each other(`Borrower") and The <br /> Housing and Redevelopment Authority in and for the City of Elk River("Lender"). <br /> RECITALS <br /> A. Lender made a loan to Borrower identified as Servicing Loan No. 19-015207(the "Loan");and <br /> B. In connection with the Loan,Borrower executed that certain Mortgage and Repayment <br /> Agreement in favor of Lender,dated as of October 27,2015 recorded with the Sherburne <br /> County Recorder on April 5,2016, as Document No. 818314 (the "Mortgage")(the Mortgage, <br /> together with all other documents, instruments and agreements delivered in connection with the <br /> Loan, are referred to herein as the "Loan Documents")on the property legally described in <br /> Exhibit A attached hereto (the "Mortgaged Property"). ; and <br /> C. Borrower has requested that Lender forbear from exercising any of its rights and remedies under <br /> the Loan Documents and applicable law in respect of certain actual or anticipated events of <br /> default under the Loan Documents, and Lender has agreed to so forbear upon the terms and <br /> subject to the conditions set forth in this Agreement;and <br /> D. Borrower and Lender acknowledge and agree that this Agreement has been negotiated in good <br /> faith. <br /> E. THIS IS A MORTGAGE AMENDMENT, AS DEFINED IN MINNESTOTA STATUTES <br /> SECTION 287.01, SUBDIVISION 2, AND AS SUCH IT DOES NOT SECURE A NEW <br /> OR AN INCREASED AMOUNT OF DEBT. <br /> NOW, THEREFORE,in consideration of the foregoing and the mutual promises and covenants <br /> contained herein, and for other good and valuable consideration,the receipt and sufficiency of which are <br /> hereby acknowledged,Borrower and Lender hereby agree as follow: <br /> AGREEMENT <br /> 1. General Acknowledgment. Borrower acknowledges and agrees to the following: <br /> (a) Borrower hereby acknowledges the accuracy of the representations set forth in the above <br /> recitals and that it has defaulted under the original terms of the Mortgage and <br /> Repayment Agreement; <br /> (b) Neither this Agreement nor any other agreement entered into in connection herewith or <br /> Amendment to Mortgage - I - <br />