2014-02-11 Mortgage Amendment1
Doc. No. A1257371
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
2/11/2014 at 10:00 AM
Check #: 58463 Fee: $46.00
Payment Code 02
Addl. Fee
Barb Gabrelcik, County Recorder
Mortgage Registration Tax Paid
Date: February 07, 2014
$0.00 Dollars
Dlane Arnold
Sherburne County Auditor -Treasurer
Document No. 784322
February 07, 2014 04:00 PM Fee: $".00
Certified filed and or recorded on above date:
MICHELLE ASH COUNTY RECORDER
SHERBURNE County, MN
THIS IS A MORTGAGE AMENDMENT, AS DEFINED IN MINNESOTA STATUTES,
SECTION 287.01, SUBDIVISION 2, AND AS SUCH IT DOES NOT SECURE A NEW OR
INCREASED AMOUNT OF DEBT.
2013 AMENDMENT TO
COMB TIO MOIL GE SEC
AND EXEM FINANCING STATEMENT ,AND
SSIONMENT OF LEASES AND REM
THIS INSTRUMENT (this "Amendment") is made as of the day of November,
2013, between EVANS PARK, INC., a Minnesota nonprofit corporation ("Mortpgor"), and
U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee and as
mortgagee ("Mortgagee").
WHEREAS, Mortgagor has executed and delivered to Wells Fargo Bank, National
Association, a national banking association, as trustee and as mortgagee, that certain
Combination Mortgage, Security Agreement and Fixture Financing Statement and Assignment
of Leases and Rents dated as of October 1, 2011, filed November 1., 2011, in the office of the
County Recorder in and for Sherburne County, Minnesota, as Document No. 739006, and
assigned to Mortgagee pursuant to that ,Assignment of Mortgage, dated as of September 30,
2013, filed October 22, 2013, in the office of the County Recorder in and for Sherburne County,
Minnesota, as Document No. 779983, as amended and supplemented by the First Amendatory
Combination Mortgage, Security Agreement and Fixture Financing Statement and Assignment
of Leases and Rents dated as of September 1, 2013, filed October 22, 2013, in the office of the
County Recorder in and for Sherburne County, Minnesota, as Document No. 779985 (as
amended, the "2011 Mortgage"), encumbering the land located in Sherburne County,
Minnesota, legally described on Exhibit A attached hereto;
WHEREAS, Mortgagor has executed and delivered to City of Otsego, Minnesota
(ham refermd to as "Otsego') that certain Combination Mortgage, Security Agreement
and Fixture Financing Statement and Assignment of Leases and Rents, dated as of September 1,
2013, filed October 1, 2013, in the office of the County Recorder in and for Wright County,
Minnesota, as Document No. A1248711, and flied October 22, 2013, in the office of the County
Recorder in and for Sherburne County, Minnesota, as Document No. 779986, and assigned to
Mortgagee pursuant to that Assignment of Mortgage, dated as of September 30, 2013, filed
October 1, 2013, in the office of the County Recorder in and for Wright County, Minnesota, as
Retum to.,
Slerbume Co. Abstract &T RIB Co.
351 Main streetiOnteo
Elk River, MN 55
THIS IS A MORTGAGE AMENDMENT, AS DEFINED IN MINNESOTA STATUTES,
SECTION 287.01, SUBDIVISION 2, AND AS SUCH IT DOES NOT SECURE A NEW OR
INCREASED AMOUNT OF DEBT.
2013 AMENDMENT TO
COMBINATION MORTGAGE, SECURITY AGREEMENT
AND FIXTURE FINANCING STATEMENT AND
ASSIGNMENT OF LEASES AND RENTS
THIS INSTRUMENT (this "Amendment") is made as of the :�� day of November,
2013, between EVANS PARK, INC., a Minnesota nonprofit corporation ("Mortgagor"), and
U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee and as
mortgagee ("Mortgagee").
WHEREAS, Mortgagor has executed and delivered to Wells Fargo Bank, National
Association, a national banking association, as trustee and as mortgagee, that certain
Combination Mortgage, Security Agreement and Fixture Financing Statement and Assignment
of Leases and Rents dated as of October 1, 2011, filed November 1, 2011, in the office of the
County Recorder in and for Sherburne County, Minnesota, as Document No. 739006, and
assigned to Mortgagee pursuant to that Assignment of Mortgage, dated as of September 30,
2013, filed October 22, 2013, in the office of the County Recorder in and for Sherburne County,
Minnesota, as Document No. 779983, as amended and supplemented by the First Amendatory
Combination Mortgage, Security Agreement and Fixture Financing Statement and Assignment
of Leases and Rents dated as of September 1, 2013, filed October 22, 2013, in the office of the
County Recorder in and for Sherburne County, Minnesota, as Document No. 779985 (as
amended, the "2011 Mortgage"), encumbering the land located in Sherburne County,
Minnesota, legally described on Exhibit A attached hereto;
WHEREAS, Mortgagor has executed and delivered to City of Otsego, Minnesota
(hereinafter referred to as "Otsego') that certain Combination Mortgage, Security Agreement
and Fixture Financing Statement and Assignment of Leases and Rents, dated as of September 1,
2013, filed October 1, 2013, in the office of the County Recorder in and for Wright County,
Minnesota, as Document No. A1248711, and filed October 22, 2013, in the office of the County
Recorder in and for Sherburne County, Minnesota, as Document No. 779986, and assigned to
Mortgagee pursuant to that Assignment of Mortgage, dated as of September 30, 2013, filed
October 1, 2013, in the office of the County Recorder in and for Wright County, Minnesota, as
Return to: 1
Sherburne Co. Abstract & Title Cc
351 Main Street j3g0-7(.,C)
Elk River, MN 55330
Document No. A1248712 and filed October 22, 2013, in the office of the County Recorder in
and for Sherburne County, Minnesota, as Document No. 779987 (the "Otsego Mortgage"),
encumbering the land located in Wright County, Minnesota and Sherburne County, Minnesota,
legally described on Exhibit B attached hereto;
WHEREAS, Mortgagor has executed and delivered to Mortgagee that certain
Combination Mortgage, Security Agreement and Fixture Financing Statement and Assignment
of Leases and Rents, dated as of September 1, 2013, filed October 1, 2013, in the office of the
County Recorder in and for Wright County, Minnesota, as Document No. A1248713, and filed
October 22, 2013, in the office of the County Recorder in and for Sherburne County, Minnesota,
as Document No. 779988 (the "Albertville Mortgage"), encumbering the land located in Wright
County, Minnesota and Sherburne County, Minnesota, legally described on Exhibit B attached
hereto;
WHEREAS, Mortgagor has heretofore replaced a portion of the aforementioned land
located in Wright County, Minnesota;
WHEREAS, collectively, the 2011 Mortgage, the Otsego Mortgage and the Albertville
Mortgage are hereinafter referred to as the "Mortgages"; and
WHEREAS, Mortgagor and Mortgagee wish to amend the legal descriptions of the land
encumbered by the Mortgages.
NOW, THEREFORE, in consideration of the mutual agreements herein set forth and of
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, it is hereby covenanted and agreed by and between the parties hereto as follows:
Amendments to the Mortgages. The Mortgages are hereby amended as follows:
a. The definition of Land as legally described on Exhibit A to the 2011
Mortgage is hereby replaced in its entirety with Exhibit X attached hereto.
b. The definitions of Land as legally described on Exhibits A to the Otsego
Mortgage and the Albertville Mortgage are hereby replaced in their entirety with Exhibit
Y attached hereto.
C. For avoidance of doubt, the land legally described on Exhibit Z attached
hereto is hereby released from the liens of the Otsego Mortgage and the Albertville
Mortgage.
2. Ratification and Confirmation of Mortgage. This Amendment is an amendment
of the Mortgages and is not a waiver, an impairment or a novation of the same. Except as
amended and modified hereby, the provisions, representations and conditions set forth in the
Mortgages, which are hereby incorporated herein by reference, are unmodified and shall remain
in full force and effect, as if this Amendment had not been executed or delivered; and Mortgagor
does hereby ratify and confirm the Mortgages and such provisions, representations and
conditions, as amended hereby.
3. No Waiver. The execution of this Amendment by Mortgagee does not and shall
not constitute a waiver of any default or event of default of Mortgagor which may have
heretofore occurred or which may hereafter occur under or with respect to the Mortgages,
whether or not Mortgagee has knowledge of the same on the date hereof.
4. Severability of Provisions. A determination that any provision of this
Amendment is unenforceable or invalid shall not affect the enforceability or validity of any other
provision hereof, or of the Mortgages, and any determination that the application of any
provision of this Amendment to any person or circumstance is illegal, invalid or unenforceable
shall not affect the legality, validity or enforceability of such provision as it may apply to any
other persons or circumstances.
5. Governing Law. The terms and conditions of this Amendment shall be governed
by the laws of the State of Minnesota.
6. Inte retation. Within this Amendment, words in the singular number shall be
held and construed to include the plural, unless the context otherwise requires. The Paragraph
headings used herein are intended for reference purposes only and shall not be considered in the
interpretation of the terms and conditions hereof.
7. Successors and Assigns. The terms and conditions of this Amendment shall be
binding upon and shall inure to the benefit of the parties hereto and their respective heirs,
executors, administrators, personal representatives, legal representatives, successors and
permitted assigns.
8. Recording. Mortgagor agrees to pay the recording fees payable in order to record
this Amendment.
[NO FURTHER TEXT ON THIS PAGE]
IN WITNESS WHEREOF, the undersigned have caused these presents to be executed as
of the day and year first above written.
EVANS PARK, INC., a Minnesota nonprofit
corporation
President and Chief Executive Officer
Mortgagor
STATE OF MINNESOTA }
) SS.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on this R 6 day of November,
2013, by Daniel C. Dixon, the President and Chief Executive Officer of Evans Park, Inc., a
Minnesota nonprofit corporation, on behalf of said corporation.
Notary Public
PAY IM °r My commission expires:
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THE N K RIVER
ZOE ONLY
E LK RIVER, INC.
.RATAG AC UN7
POOJU 71` M i7r i A 1
385 No'.ARY PtiG4iw•Mir:_.,E1)
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[Signature Page — 2013 Amendment to Combination Mortgage, Security Agreement and Fixture
Financing Statement and Assignment of Leases and Rents]
U.S. BANK NATIONAL ASSOCIATION, a
national banking association
�r 1- 16O ,
Vice President
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
Mortgagee
This instrument was acknowledged before me on this ZA day of November,
2013, by Christine Robinette, a Vice President of U.S. BANK NATIONAL ASSOCIATION, a
national banking association, on behalf of said association.
This instrument was drafted by:
Dorsey & Whitney LLP (SAO)
Suite 1500
50 South Sixth Street
Minneapolis, Minnesota 55402
Public
My commission expires: Jan. 31, 2016
r
[Signature Page — 2013 Amendment to Combination Mortgage, Security Agreement and Fixture
Financing Statement and Assignment of Leases and Rents]
EXHIBIT A
(Existing Legal Description of Land Encumbered by 2011 Mortgage)
Those tracts or parcels situated in the County of Sherburne, State of Minnesota described as
follows:
Lot 2, Block 1, Guardian Angels West, together with easements as set forth in Declaration of
Easements (Common Driveway), dated March 28, 2000, filed March 29, 2000, as Document No.
410269.
EXHIBIT B
(Existing Legal Description of Land Encumbered by
Otsego Mortgage and Albertville Mortgage)
Those tracts or parcels situated in the Counties of Wright and Sherburne, State of Minnesota described as
follows:
Site 1 (Evans Park):
Lot 3, Block 1, Guardian Angels Addition, according to the plat thereof on file and of record in the office
of the County Recorder of Sherburne County, Minnesota, together with appurtenant easements contained
in Document Nos. 194139, 271253, 271254, 273240 and 297007.
Together with easements as set forth in Declaration of Easements (Common Driveway) dated March 28,
2000, filed March 29, 2000, as Document No. 410269.
Site 2 (Guardian Angels by the Lake):
Lot 2, Block 1, Guardian Angels West, together with easements as set forth in Declaration of Easements
(Common Driveway), dated March 28, 2000, filed March 29, 2000, as Document No. 410269.
Site 3 (Engel Haus):
All that part of the East Half of the Southeast Quarter of the Southwest Quarter, and the
Southwest Quarter of the Southeast Quarter, Section 2, Township 120, Range 24, Wright County,
Minnesota, described as follows:
Commencing at the Southeast corner of said Southwest Quarter of the Southeast Quarter; thence
North 00' 06' 3 1 " East (assumed bearing) along the East line of said Southwest Quarter of the Southeast
Quarter a distance of 379.85 feet to the centerline of C.S.A.H. No. 18 (formerly Wright County Highway
No. 118); thence Northwesterly deflecting 62' 37' 30" Left along said centerline for a distance of 303.78
feet to the actual point of beginning; thence Southwest deflecting 85' 09' Left a distance of 249.28 feet;
thence Southeast deflecting 94' 51' Left a distance of 155.59 feet; thence Northeast deflecting 85' 09'
Left a distance of 249.28 feet to the centerline of C.S.A.H. No. 18 (formerly Wright County Highway No.
118); thence Southeasterly along said centerline for a distance of 16.56 feet to the most Northerly corner
of Heuring Addition; thence South 32' 20' 01" West along the Northwesterly line of said Heuring
Addition and the southwesterly extension thereof for a distance of 330.85 feet, more or less, to an
intersection with the North line of the South 5.00 acres of said southwest Quarter of the Southeast
Quarter; thence South 89' 10' 49" West along said North line of the South 5.00 acres of the Southwest
Quarter of the Southeast Quarter for a distance of 1024.94 feet, more or less, to the West line of said
Southwest Quarter of the Southeast Quarter; thence South 00' 07' 50" West along said West line of said
Southwest Quarter of the Southeast Quarter for a distance of 0.17 feet to an intersection with the North
line of the South 10 rods of the East Half of the Southeast Quarter of the Southwest Quarter, thence South
88' 33' 02" West along said North line of the South 10 rods of the East half of the Southeast Quarter of
the southwest Quarter for a distance of 343.95 feet, more or less, to the centerline of County Ditch
Number 9, as shown on the plat of Albert Villas; thence Northeasterly along said centerline of County
Ditch Number 9 as shown on the plat of Albert Villas to the most Easterly corner of Albert Villas; thence
south 62' 55' 08" East along the centerline of Jason Avenue for a distance of 954.93 feet to the point of
beginning.
EXHIBIT X
(New Legal Description of Land Encumbered by 2011 Mortgage)
Those tracts or parcels situated in the County of Sherburne, State of Minnesota described as
follows:
Site 1 (Evans Park):
Lot 3, Block 1, Guardian Angels Addition, according to the plat thereof on file and of record in
the office of the County Recorder of Sherburne County, Minnesota, together with appurtenant
easements contained in Document Nos. 194139, 271253, 271254, 273240 and 297007.
Together with easements as set forth in Declaration of Easements (Common Driveway) dated
March 28, 2000, filed March 29, 2000, as Document No. 410269.
Site 2 (Guardian Angels by the Lake):
Lot 2, Block 1, Guardian Angels West, together with easements as set forth in Declaration of
Easements (Common Driveway), dated March 28, 2000, filed March 29, 2000, as Document No.
410269.
EXHIBIT Y
(New Legal Description of Land Encumbered by
Otsego Mortgage and Albertville Mortgage)
Those tracts or parcels situated in the Counties of Wright and Sherburne, State of Minnesota
described as follows:
Site 1 (Evans Park):
Lot 3, Block 1, Guardian Angels Addition, according to the plat thereof on file and of record in
the office of the County Recorder of Sherburne County, Minnesota, together with appurtenant
easements contained in Document Nos. 194139, 271253, 271254, 273240 and 297007.
Together with easements as set forth in Declaration of Easements (Common Driveway) dated
March 28, 2000, filed March 29, 2000, as Document No. 410269.
Site 2 (Guardian Angels by the Lake):
Lot 2, Block 1, Guardian Angels West, together with easements as set forth in Declaration of
Easements (Common Driveway), dated March 28, 2000, filed March 29, 2000, as Document No.
410269.
Site 3 (Engel Haus):
Lot 1, Block 1, Guardian Angels of Albertville, according to the recorded plat thereof in Wright
County, Minnesota.
EXHIBIT Z
(Legal Description of Land Released from
Otsego Mortgage and Albertville Mortgage)
Those tracts or parcels situated in the County of Wright, State of Minnesota described as follows:
Outlots A and B, Guardian Angels of Albertville, according to the recorded plat thereof in
Wright County, Minnesota.