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HOUSING AND REDEVELOPMENT AUTHORITY <br /> IN AND FOR THE CITY OF ELK RIVER <br /> RESOLUTION NO. 20-05 <br /> RESOLUTION APPROVING AMENDMENT OF LOAN TERMS <br /> FOR A LOAN FROM THE AUTHORITY TO MATTHEW AND <br /> CAROL HICKS AND TAKING OTHER ACTIONS WITH <br /> RESPECT THERETO <br /> WHEREAS, the Housing and Redevelopment Authority in and for the City of Elk River (the <br /> "Authority")operates and administers its Owner-Occupied Housing Rehabilitation Program (the "Program") <br /> whereby the Authority makes loans to qualified property owners to assist in the rehabilitation of owner- <br /> occupied single-family homes; and <br /> WHEREAS,Matthew R.Hicks and Carol Marie Hicks,a married couple (together,the `Borrower' <br /> requested that the Authority assist in the rehabilitation of their property located at 1205 e Street NW in the <br /> City of Elk River,Minnesota(the"City"); and <br /> WHEREAS, pursuant to a Mortgage and Repayment Agreement between the Authority and the <br /> Borrower(the "Original Mortgage"), dated October 27, 2015, the Authority agreed to loan to the Borrower <br /> the maximum principal amount of$25,000(the"Loan")in accordance with the Program; and <br /> WHEREAS,the Borrower has defaulted under the Original Mortgage by failing to make all required <br /> monthly payments; and <br /> WHEREAS, the Borrower has requested a modification to the terms of the Loan and the <br /> Authority has prepared an Amendment to Mortgage and Repayment Agreement (the "Amendment") <br /> amending the terms of the Original Mortgage whereby the Authority agrees not to exercise its remedies <br /> under the Original Mortgage for actions that occurred prior to the date of execution of the Amendment <br /> and the parties agree to extend the maturity date of the Loan and to add any unpaid principal, late fees, <br /> and accrued interest on the Loan to the total principal amount outstanding on the Loan; and <br /> WHEREAS, in accordance with the Amendment, the principal amount of the Loan shall increase <br /> to reflect unpaid principal, accrued interest and late fees, but the monthly payment amount and interest <br /> rate on the Loan shall remain the same. <br /> NOW, THEREFORE, BE IT RESOLVED BY the Board of Commissioners (the `Board") of the <br /> Housing and Redevelopment Authority in and for the City of Elk River(the "Authority") as follows: <br /> I. Authority Board Approval. The Board hereby approves the Amendment and the <br /> extension of the maturity date of the Loan. The Loan shall continue to be secured by the Original <br /> Mortgage, as modified by the Amendment. <br /> 2. Amendment. The Chair and Executive Director of the Board are hereby authorized and <br /> directed to execute and deliver the Amendment on behalf of the Authority and to perform the obligations <br /> thereunder. All of the provisions of the Amendment,when executed and delivered as authorized herein,shall <br /> be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and <br /> shall be in full force and effect from the date of execution and delivery thereof. The Amendment shall be <br /> substantially in the form now on file with the Authority, subject to alterations and modifications that do not <br /> materially change the substance thereof, or as the Chair and Executive Director, in their discretion, shall <br /> 524870v1 GAF PN160-22 <br />