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1 <br /> <br /> <br /> <br />PROMISSORY NOTE <br />(Microloan) <br /> <br />November ___, 2024 <br /> <br />Amount: $51,499.00 Interest: 3.00% <br />Maturity: January 1, 2030 <br /> <br /> <br />FOR VALUE RECEIVED, the undersigned, MODERN CONSTRUCTION OF <br />MINNESOTA, INC., a Minnesota corporation (the “Borrower”), promises to pay to the order of <br />the ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ELK RIVER, a public <br />body corporate and politic of the State of Minnesota (“Lender”), at 13065 Orono Parkway, Elk <br />River, Minnesota 55330, or such other place as the Lender or any other holder of this Note may <br />designate in writing, on or before January 1, 2030 (“Maturity Date”), the principal sum of Fifty <br />Thousand and Four Hundred Ninety-Nine and 00/100 Dollars ($51,499.00), together with <br />interest on any and all amounts remaining unpaid thereon from time to time from the date hereof <br />(computed on the basis of actual days elapsed in a year of 360 days) at a fixed interest rate of <br />three percent (3%) per annum. <br /> <br />This Note is made pursuant to a Loan Agreement, between Borrower and Lender, of even <br />date herewith (“Loan Agreement”) which provides for the payment of a portion the cost of the <br />acquisition and renovation of real property in the City of Elk River, Minnesota to be used as a <br />restaurant. The principal amount of this Note shall be amortized over a twenty (20) year period. <br /> <br />Based on the foregoing, the Borrower shall be obligated to make monthly installments <br />(each a “Monthly Installment”) in the amount of $________, which Monthly Installments shall <br />commence on December 1, 2024, and continue on the first (1st) day of each and every month <br />thereafter until the Maturity Date, when all outstanding principal and accrued but unpaid interest <br />shall be payable in full. The final payment shall be a balloon payment in the amount of all <br />outstanding principal and accrued but unpaid interest. <br /> <br />This Note is secured by, among other things, (i) a Security Agreement (“Security <br />Agreement”) given by MFS Food, Inc. to the Lender, (ii) the Corporate Guaranty given by MFS <br />Food, Inc. to the Lender, (iii) a Mortgage and Assignment of Rents and Security Agreement and <br />Fixture Financing Statement given by the Borrower in favor of the Lender, and (vi) the Personal <br />Guaranty made by Sarah and Jesse Hartung to Lender, all of which are dated of even date <br />herewith (collectively, the “Security Documents”). All of the terms and conditions contained in <br />the Security Documents which are to be kept and performed by the Borrower are hereby made a <br />part of this Note to the same extent and with the same force and effect as if they were fully set <br />forth herein; and Borrower covenants and agrees to keep and perform them, or cause them to be <br />kept and performed, strictly in accordance with their terms. <br /> <br />Page 59 of 124