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17 <br />EL185\81\983265.v1 <br />the operation of the Mortgaged Property, Mortgagor may, at its expense, remove and dispose of <br />it and substitute and install other items not necessarily having the same function, provided, that <br />such removal and substitution shall not impair the operating utility and unity of the Mortgaged <br />Property. With respect to items which are a part of the Mortgaged Property, all items substituted <br />for such items shall become a part of the Mortgaged Property and subject to the lien of this <br />Mortgage. Any amounts received or allowed Mortgagor upon the sale or other disposition of the <br />removed items of property shall be applied against the cost of acquisition and installation of the <br />substituted items. Nothing herein contained shall be construed to prevent any tenant or subtenant <br />from removing from the Mortgaged Property trade fixtures, furniture and equipment installed by <br />it and removable by tenant under its terms of any one or more of the Leases, on the condition, <br />however, that Mortgagor shall assure the repair of any and all damages to the Mortgaged <br />Property resulting from or caused by the removal thereof. Mortgagee acknowledges that no <br />items of personal property are included in the Mortgaged Property. <br /> <br />6.2. Fixture Filing. From the date of its recording, this Mortgage shall be effective as <br />a financing statement with respect to all goods constituting part of the Mortgaged Property which <br />are or are to become fixtures related to the real estate described herein. For this purpose, the <br />following information is set forth: <br /> <br />(a) Name and Address of Mortgagor: <br />Modern Construction of Minnesota, Inc. <br />709 Main Street NW <br />Elk River, MN 55330 <br />Attention: Jesse Hartung <br /> <br /> <br />(b) Name and address of Secured Party: <br />Economic Development Authority of the City of Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />Attention: Director of Economic Development <br /> <br />(c) This document covers goods which are or are to become fixtures. <br /> <br />(d) The real estate to which such fixtures are or are to be attached is that <br />described in Exhibit A attached hereto. <br /> <br />Page 79 of 124