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owed to Mortgagee by Mortgagor, unless (in the case of any such advance or indebtedness) <br />Mortgagee has otherwise agreed in writing; provided, however, that notwithstanding such <br />provision, Mortgagee shall not be obligated to make any such advance or to permit or suffer the <br />creation of any such indebtedness. <br />26. FIXTURE FILING. From the date of its recording, this Mortgage shall be effective <br />as a financing statement filed as a fixture filing with respect to all goods constituting part of the <br />Mortgaged Property, as described above, that are or are to become fixtures, related to the real <br />estate described herein. For this purpose, the following information is set forth: <br />(a) Name and Address of Debtor: <br />MDI Limited Partnership #70 <br />1600 University Avenue <br />Suite 212 <br />Saint Paul, MN 55104 <br />(b) Debtor's Tax Identification Number or Social Security Number: <br />#41-1898788 <br />(c) Debtor is an organization <br />(d~ Type of organization: limited partnership <br />(e) Jurisdiction of organization: Minnesota <br />(f) (7rganization LD. Number: <br />(g) Name and Address of Secured Party: <br />Housing and Redevelopment Authority in and for City of Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />(h) This document covers goods that are to become fixtures. <br />27. WAIVER OF MARSHALLING. Mortgagor waives and releases any right to have <br />the Mortgaged Property marshalled. <br />28. SUCCESSORS AND ASSIGNS BOUND; NUMBER; GENDER; JOINT AND <br />SEVERAL LIABILITY; CAPTIONS. The covenants and agreements contained herein shall <br />bind, and the rights conferred hereby shall inure to, the respective heirs, legal representatives, <br />successors, and assigns of Mortgagee and Mortgagor. Wherever used, the singular number shall <br />include the plural, and the plural the singular; and the use of any gender shall apply to all <br />genders. All covenants and agreements of Mortgagor shall be joint and several. The captions <br />Development Name, City <br />LMIR-Combination Mortgage, Security Agreement <br />and Fixture Financing Statement <br />15 <br />Dev. # <br />Date <br />