Laserfiche WebLink
FIRST AMENDMENT TO LOAN AGREEMENT <br /> (Microloan) <br /> THIS FIRST AMENDMENT TO LOAN AGREEMENT (the "First Amendment to Loan <br /> Agreement") is made effective as of December , 2020, by and between SCOTT MORRELL, <br /> LLC, a Minnesota limited liability company (`Borrower"), and the ECONOMIC <br /> DEVELOPMENT AUTHORITY OF THE CITY OF ELK RIVER, a public body corporate and <br /> politic of the State of Minnesota ("Lender"), and amends and supplements the LOAN <br /> AGREEMENT, dated August 6, 2015 (the "Original Loan Agreement"), between the Borrower <br /> and the Lender. <br /> RECITALS <br /> A. On August 6, 2015,the Lender provided a loan to Scott Morrell, LLC, a Minnesota <br /> limited liability company (`Borrower") in the amount of$200,000 (the "Loan"), pursuant to the <br /> Original Loan Agreement. The Borrower applied the proceeds of the Loan to purchase certain real <br /> property, legally described as Lot 1, Block 2,Natures Edge Business Center, according to the plat <br /> thereof on file and record in Sherburne County, State of Minnesota (the "Loan Property"). To <br /> secure the Loan, the Borrower delivered to the Lender (i) the Promissory Note, dated August 6, <br /> 2015 (the "Original Promissory Note"), from the Borrower to the Lender; (ii) the Security <br /> Agreement, dated August 6, 2015 (the "Original Loan Agreement"), between Morrell Oversize, <br /> Inc., a Minnesota Corporation ("Morrell Oversize") and the Lender; (iii) the Personal Guaranty, <br /> dated August 6, 2015 (the"Original Personal Guaranties"),from Terry Morrell and Renee Morrell <br /> to the Lender; (iv) the Entity Guaranty, dated August 6, 2015 (the "Original Entity Guaranty"), <br /> from Morrell Oversize to the Lender; (v) the Environmental Indemnification Agreement, dated <br /> August 6, 2015 (the "Original Environmental Indemnification"), between the Borrower and the <br /> Lender; and (vi) the Mortgage and Assignment of Rents and Security Agreement and Fixture <br /> Financing Statement, dated August 6, 2015 (the "Original Mortgage"), from the Borrower to the <br /> Lender. The Loan was due and payable in full with a balloon payment on August 1, 2020. <br /> B. The Borrower requested an extension of the maturity date of the Loan. The Board <br /> of Commissioners of the Lender approved an extension of the maturity date to August 1, 2022. <br /> The Loan is currently outstanding in the amount of$154,170.63. <br /> C. In consideration for amending the terms of the Loan, the Borrower is delivering to <br /> the Lender(i)this First Amendment to Loan Agreement; (ii)an Amended and Restated Promissory <br /> Note, dated as of the date hereof, (the "Amended and Restated Promissory Note"), from the <br /> Borrower to the Lender, which amends and restates the Original Promissory Note; (iii) the First <br /> Amendment to Security Agreement; (iv) an Amended and Restated Personal Guaranty, dated as <br /> of the date hereof (the "Amended and Restated Personal Guaranties"), from Renee Morrell and <br /> Terry Morrell, which amends and restates the terms of the Original Personal Guaranties; (v) an <br /> Amended and Restated Entity Guaranty, dated as of the date hereof(the "Amended and Restated <br /> Entity Guaranty"), from Morrell Oversize which amends and restates the terms of the Original <br /> Entity Guaranty; (vi) a First Amendment to Environmental Indemnification Agreement, dated as <br /> of the date hereof (the "First Amendment to Environmental Indemnification"), between the <br /> Borrower and the Lender which amends and supplements the terms of the Original Environmental <br /> 1 <br /> EL 185\33\693031.v2 <br />