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HRA RES 19-02
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HRA RES 19-02
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4/4/2019 2:45:20 PM
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City Government
type
RES
date
4/1/2019
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HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR <br />THE CITY OF ELK RIVER <br />CITY OF ELK RIVER <br />SHERBURNE COUNTY <br />STATE OF MINNESOTA <br />RESOLUTION NO. 2019- 02 <br />RESOLUTION APPROVING FIRST AMENDMENT TO MORTGAGE AND ASSIGNMENT <br />Section 1. Recitals. <br />1.01 On October 20, 2017, the Board of Commissioners (the "Board") of the Housing <br />and Redevelopment Authority in and for the City of Elk River, Minnesota (the "HRA") provided <br />a loan in the amount of $21,640 (the "Loan") to Kyle A. Torfin and Jennifer R. Torfin (referred <br />to collectively as the "Mortgagors") pursuant to its Owner -Occupied Housing Rehabilitation <br />Program which was secured by a secured by a Mortgage and Repayment Agreement (Elk River <br />HRA Owner -Occupied Housing Rehabilitation Program) provided by the Mortgagors (the <br />"Mortgage"). <br />1.02 Kyle A. Torfin has requested that the HRA execute and deliver a First <br />Amendment to Mortgage and Assignment and Assumption Agreement (the "First Amendment to <br />Mortgage and Assignment") whereby Jennifer R. Torfin will assign her interest in the Mortgage <br />to Kyle A. Torfin and Kyle A. Torfin will assume all obligations under the Mortgage, including <br />the sole obligation to repay the Loan. <br />NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners (the "Board") of <br />the Housing and Redevelopment Authority in and for the City of Elk River (the "HRA") as follows: <br />Section 2. Approval of Documents. <br />2.01. The First Amendment to Mortgage and Assignment is hereby in all respects <br />approved together with any related documents necessary in connection therewith (the "Amendment <br />Documents"), and the Chair and Executive Director are hereby authorized and directed to execute <br />the Amendment Documents on behalf of the HRA and to carry out, on behalf of the HRA, the <br />HRA's obligations thereunder. <br />2.02. The approval hereby given to the Amendment Documents includes approval of such <br />additional details therein as may be necessary and appropriate and such modifications thereof, <br />deletions therefrom and additions thereto as may be necessary and appropriate and approved by <br />legal counsel to the HRA and by the Chair and Executive Director prior to executing said <br />Amendment Documents; and said officers are hereby authorized to approve said changes on behalf <br />of the HRA. The execution of any instrument by the Chair and Executive Director shall be <br />conclusive evidence of the approval of such document in accordance with the terns hereof. In the <br />event of absence or disability of said officers, any of the Amendment Documents authorized by this <br />Resolution to be executed may be executed without further act or authorization of the Board by any <br />duly designated acting official, or by such other officer or officers of the Board as, in the opinion of <br />the City Attorney, may act in their behalf. <br />560349v1 TSR FTI 95_11 <br />
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