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2000-11-30 (3) Subordination Agreements (;P/J0 November 30, 2000 City of Albertville Attn: Linda P.O. Box 9 Albertville, MN 55301 RE: SBA 504 Loan # CDC 310388 4008 Dear Linda, Enclosed are copies of three Subordination Agreements and one UCC-3 amendment, that you executed on November 27, 2000 on behalf of the City of Albertbville. These documents are for your file. If you have any questions, please feel free to call me at 1-800-593-0123 ext. 4. Thank you. Sincerely, ~?/~ Chad H. Hess Lending Assistant TLB/ Enclosures ST. CLOUD OFFICE: 4140 THIELMAN LANE, SUITE 304, S1. CLOUD, MN 56301 (800) 593-0123 T (320) 255-1685 .., FAX: (320) 255-1815 ... BEMIDJI OFFICE: 465 PAUL BUNYAN DRIVE NW, BEMIDJI, MN 56601 (500) 254-2898 .., (218) 759-8481 .., FAX: (218) 759-9826 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (the "Agreement"), dated the ;), l~ay of N (N UV\kttV ,2000, by and between STEARNS BANK, NATIONAL ASSOCIATION, a national banking association under the laws of the United States of America, whose address is 4191 Second Street South, P.O. Box 7338, St. Cloud, MN 56302 ("Third Party Lender"), MINNESOTA BUSINESS FINANCE CORPORATION, a corporation under the laws of the State of Minnesota, whose address is 4140 Thielman Lane, Suite 304, St. Cloud, MN 56301, whose interest is to be assigned to the UNITED STATES SMALL BUSINESS ADMINISTRATION, an agency of the United States of America, created under 15 U.S.C. S 631 (collectively the "SBA"), CITY OF ALBERTVILLE, a municipal corporation under the laws of the State of Minnesota, whose address is 5975 Main Avenue N.E., P.O. Box 9, Albertville, MN 55301 (the "City"), and GEM DEVELOPMENT, LLC, a limited liability company under the laws of the State of Minnesota, whose address is 1J 111) ((J 2 rid Sf Nt, ;qtlJf!\fl/dl( IVlJ\/ 5'"5301 ("Borrower"). RECITALS The parties declare and recite: A. The Third Party Lender has made a loan (the "Third Party Lender Loan") to the Borrower in the amount of $ q 31, ODo , which amount is evidenced by a Promissory Note executed and delivered by the Borrower to the Third Party Lender dated , Ju i/\ I' Z, 1(1 c7 c1 , 2000 ("Third Party Lender Note"). The principal, interest and other amounts payable by the Borrower with respect to the Third Party Lender Note, including all amendments, renewals, extensions and refundings thereof, are referred to in this Agreement as the "Third Party Lender Debt." The Third Party Lender Debt is secured by a Mortgage dated June 2, 1999, recorded the 3rd day of June, 1999, as Document No. 680139, in the office of the Wright County Recorder, Minnesota (the "Third Party Lender Mortgage") against the property legally described in Exhibit "A" hereto (the "Property"). B. Minnesota Business Finance Corporation has made SBA Loan No. GO I 3/ D3 ..::2 {TV C3 ("SBA Loan") to the Borrower in the original amount of " i I -,VlJjI ':..f" i ,If I u -({.~J Dollars ($ 6?Ji-01JD ), which ind tedness is evi enc d by a Promissory Note dated NOVLi,.lt1 he" 2 7 , 2000 ("SBA Note"). The SBA Note is secured by a Mortgage dated NrNLvlt1 t)f,,\ 2 07,2000, recorded the - day of , 2000, as Document No. , in the office of the Wright County Recorder, Minnesota, which was assigned to the SBA by Assignment dated NLViUfV\ Lr;e1 2'7 , 2000, recorded the _ day of , 2000, as Document No. , in the office of the Wright County Recorder, Minnesota ("SBA Mortgage"). C. The City has made a loan to the Borrower in the amount of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), which amount is secured by a Mortgage executed and delivered by the Borrower to the City dated July 26, 1999, recorded the 28th day of February, 2000, as Document No. 703109, in the office of the Wright County Recorder, Minnesota ("City Mortgage"). The City acknowledges the Borrower is described as a Minnesota corporation in the City Mortgage but, in fact, the Borrower is a limited liability company. D. The Third Party Lender, SBA and the City desire to agree to the relative priority of their respective agreements, security interests, mortgages and liens. NOW, THEREFORE, in consideration of the premises and other valuable consideration, receipt of which is hereby acknowledged, and in order to induce the SBA to make the SBA Loan, it is agreed as follows: 1. SUBORDINATION OF LIEN 1.1 Subordination. The Third Party Lender Mortgage referred to above and any renewals or extensions of such security and the Third Party Lender Note shall be and remain at all times a lien or charge on the Property, prior and superior to the lien or charge of the SBA Mortgage and the City Mortgage. The SBA Mortgage referred to above and any renewals or extensions of such SBA Mortgage and the SBA Note secured thereby shall be and remain at all times a lien or charge on the Property, prior and superior to the lien or charge of the City Mortgage. 1.2 Acknowledgment of Subordination. The City acknowledges that it hereby waives, relinquishes and subordinates the priority and superiority of the lien or charge of the City Mortgage to the lien or charge of the Third Party Lender Mortgage and to the lien or charge of the SBA Mortgage. The SBA acknowledges that it hereby waives, relinquishes and subordinates the priority and superiority of the lien or charge of the SBA Mortgage to the lien or charge of the Third Party Lender Mortgage. 2 SBA THIRD PARTY LENDER MINNESOTA BUSINESS FINANCE CORPORATION STEARNS BANK NATIONAL ASSOCIATION By Its ;:;BiLL <,: ~-"/l [.;4-""' () ( (}'__i!.~ By Its CITY CITY OF ALBERTVILLE GEM DEVELOPMENT, LLC BY~ ~~~ Its ~-v:; :-/Lyc:~, BY-#;.~ S'L) #7~~-L-/ ~ ,/" . Its ~,"n./.--...... r , STATE OF MlNNESOT A ) \Hu"IIt"y )ss. COUNTY OF ~ ) The foregoing s acknowledged beforr~e ~s ~Y of ~~ . ,2000, by f, the -HJ:l, Dr t.J~ n 0 ~f Mitmesota Business Finance Corporation, a corporation under the laws of the State of Minnesota, on behalf of the corporation. .~~-.r.ftA~~".rNNJ.~"....V^~...... f TAMMY L BRAEGElMANN I NOTAIlY filar IlIlNESOTA BENTON COUNTY MY COMMISSION EXPIRES 1-31,2005 . . ~~~ 4 2. GENERAL GOVERNING PROVISIONS 2.1 Modification by SBA. The SBA may, at any time, and from time to time, either before or after any notice, without consent of or notice to the City or the Third Party Lender, without incurring responsibility to the City or the Third Party Lender, and without impairing or releasing any of its rights, or any of the obligations of the City under this Agreement: a. sell, exchange, release or otherwise deal with all or any part of any property at any time securing the payment of the SBA Loan or any part thereof; b. release anyone liable in any manner for the payment or collection of the SBA Loan or any part thereof; c. refrain from exercising any right against the Borrower or others; and d. apply any sums received by the SBA, by whomever paid and however realized, to the SBA Loan in such manner as it deems appropriate. 2.2 Entire Agreement. This Agreement contains the whole agreement between the parties hereto as to the mortgage priority herein described, and there are no agreements, written or oral, outside or separate from this Agreement, and all prior negotiations, if any, are merged into this Agreement. 2.3 Binding Effect. This Agreement shall inure to the benefit and be binding upon the legal representatives, heirs, devisees, Successors and assigns of the parties. The filling in of any and all blanks contained in this Agreement, after execution, shall not be deemed an alteration hereof, and the Third Party Lender and Borrower hereby authorize the SBA, as their attorney in fact to fill in such blank spaces and to record this Subordination Agreement. 2.4 Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument. IN WITNESS WHEREOF, the parties have hereto set their hands effective the day and year first above written. 3 STATE OF MINNESOTA ) I ) ss. COUNTY OF /}Jf\)LL +) . The foregoing was acknowledged before we this )1 day of /U:JU(Y-{ {0- , 2000, by ~..""' H v-s(;..~ , the (te~,.~ , of'Stearns Bank, National Association, a national banking association under the laws of the United States of America, on behalf of the Bank. e. THOMAS D. SAEHR l~ . NOTARY PUBLIC -MINNESOTA ~._..~ My Comm. Exp. Jan. 31, 2005 ~J1 ~ f~._~~J(;~ Notary Public STATE OF MINNESOTA COUNTY OF GU 1'/ \ t1+ I ) ) ss. ) The foregoing was acknowledged before me this ,:1 ') day of It) uVO') 1-0- ,2000, ,~ . /'- by L, J\p-l/ G/A!-)) , the 4d.J''''''oJ/\r-;''9V , of the City of Albertville, a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. (fj. THOMAS D. SAEHR l~ ~l NOTARY PUBLIC -MI.NNESOTA ~._.~ My Comm. Exp. Jan. 31, 2005 ~ 14 /~7 L /t:--- . .~-... ,,,""",~,,,,.... i'I~, Notary Public STATE OF MINNESOTA ) COUNTY OF (;..;/'7) Llf" ~ ss. The foregoing was acknowledged before me this )7 day of ,tLu 'If ( ...:,v- , 2000, by G",~ rv7~qll I , the t-e.\ rl,.....f; , of Gem Development, LLC., a limited liability company under the laws of the State of Minnesota, on behalf of the company. e. THOMAS D. SAEHR 1.:;&. ~l NOTARY PUBLIC -MINNESOTA ::_..~ My Comm. Exp. Jan. 31, 2005 ~.. ~! //..1.)/ 7 /' .Y-x: /' ~...~ ,:?\ ./ Notary Public 5 EXHIBIT" A" LEGAL DESCRIPTION OF PROPERTY THIS INSTRUMENT WAS DRAFTED BY: David T. Shay - #208164 SHAY LAW OFFICE, LTD. 1513 St. Gennain Street West P.O. Box 9 St. Cloud, MN 56302-0009 (320) 251-1007 f:\fiJes\11 00-11 09\1 0915\SubordAgnntCtyAlbertville 6 _1~~A1_~~~~RlfI1QU_ Lot 1, Block 1, Gem Business Park, County of Wright, State of Minnesota. ~. ,.: , SECURITY INTEREST SUBORDINATION AGREEMENT THIS SECURITY INTEREST SUBORDINATION AGREEMENT is made as of the ). 7 dayof No \K1tl be.l' ,2000, between MlNNESOTABUSINESS FINANCE CORPORATION, 4140 Thielman Lane, Suite 304, St. Cloud, Minnesota, whose interest is to be assigned to the U.S. SMALL BUSINESS ADMINISTRATION, 61O-C Butler Square, 100 North Sixth Street, Minneapolis, Minnesota 55403 (collectively the "SBA") and STEARNS BANK, NATIONAL ASSOCIATION, 4191 Second Street South, P.O. Box 7338, St. Cloud, MN 56302 ("Third Party Lender"), and the CITY OF ALBERTVILLE, a municipal corporation, 5975 Main Avenue N.E., P.O. Box 9, Albertville, MN 55301 (the "Creditor"), for the purpose of addressing and establishing the priority of the security interests of the parties in certain property owned by GEM DEVELOPMENT, LLC (Federal Tax ID # 'f1-jQ;)G070 ) G e;11 Devei";QIlt e...J L l <- (the "Debtor") . I I RECITALS A. Creditor was granted and still maintains a security interest in all equipment and fIxtures now owned or later acquired, located on the real property described on Exhibit "A" attached hereto (the "Property") of Debtor (collectively "Creditor Collateral"), created by that certain UCC Fixture Financing Statement recorded February 28,2000, as Document No. 703110, in the office of the Wright County Recorder, Minnesota; B. SBA was granted and still maintains a security interest in all fixtures now owned or later acquired, wherever located, and all proceeds therefrom of Debtor (collectively "SBA Collateral"), secured by a Mortgage dated NtJvc.~ ~u""" J 1 ,2000, recorded the _ day of , 2000, as Document No. , in the offIce of the Wright County Recorder, Minnesota, which was assigned to the SBA by Assignment dated /lJove,JIf ~4.r d I , 2000, recorded the day of ,2000, as Document No. in the office of the Wright County Recorder, Minnesota; C. Third Party Lender was granted and still maintains a security interest in all fIxtures now owned or later acquired, wherever located, and all proceeds therefrom of Debtor (collectively "Third Party Lender Collateral") secured by a Mortgage dated June 2, 1999, recorded the 3rd day of June, 1999, as Document No. 680139, in the offIce of the Wright County Recorder, Minnesota; D. The SBA has agreed to lend to Debtor, up to the sum of 13"541 Hv-vd--<..J e'St.f, -Htrt.R..- -r'1~..J'>.tt,..l.L Dollars ($ gg ~ (:bo ) in the aggregate (the "SBA Loan"); E. The Creditor Collateral, Third Party Lender Collateral and SBA Collateral may constitute some of the same collateral described in the Financing Statements wherever filed; and F. The SBA, Creditor and the Third Party Lender, as between themselves, desire to alleviate confusion or controversy by setting the priorities of their respective security interests in their respective collateral with Creditor subordinating its interest to the SBA Collateral and Third Party Lender Collateral. NOW THEREFORE, in consideration of the sum of One and 00/100 Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree in accordance with Minn. Stat. S 336.9-316 as follows: 1. The parties hereby covenant, consent and agree that the liens of their respective filings affecting the collateral described herein and their respective security interests and any and all other documents demonstrating Debtor's obligations shall have the following priority, despite the time or record order of the filings: A. B. C. First Priority: Second Priority: Third Priority: Third Party Lender SBA Creditor The parties agree that all right, title, security interest or other interest of each shall be subordinate in claim of lien to the interest of any higher priority. The priorities noted above shall control in any action or proceeding for the enforcement of any right, title, security interest or other interest. 2. SBA may administer its loan to Debtor in any manner it chooses and may modifY the terms of its note or other documents relating to the SBA Loan without notice to or consent of Third Party Lender or Creditor and without affecting the terms of this Agreement. 3. This Agreement shall have no effect on the obligations or the rights of Debtor to pay or the right of any of the parties to receive payments on any indebtedness evidenced or referenced herein. This Agreement applies only to those documents and transactions enumerated herein, including any extensions or renewals thereof. 4. This Agreement may be changed only by an instrument in writing executed by the parties hereto. No waiver, amendment or modification by custom, usage or by implication shall be effective unless in writing signed by the parties. Moreover, this Agreement shall not be construed as altering, amending or modifYing any of the terms and conditions of the documents or transactions enumerated herein. The filling in of any and all blanks contained in this Agreement, after execution, shall not be deemed an alteration hereof, and the Third Party Lender and Borrower hereby authorize the SBA, as their attorney in fact to fill in such blank spaces and to record this Subordination Agreement. 2 5. No waiver by any party to tills Agreement of any rights of such party with respect to the indebtedness of Debtor to such party, shall affect tills Agreement or the respective rights of any other party hereunder. 6. This Agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of the parties hereto. 7. Tills Agreement shall be construed and governed by federal law or when appropriate, by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CREDITOR SBA CITY OF ALBERTVILLE MINNESOTA BUSINESS FINANCE CORPORATION ;~;~ By Its THIRD PARTY LENDER STEARNS BANK, NATIONAL ASSOCIATION By Its STATE OF MINNESOTA ) i I ) ss. COUNTY OF V\Jn ') bZ r ) r L The for~o. ing was acknowledged before me tills ,n day.of jVdvO-tC..", , 20?O, by _('VJt:L- Goe./) , the A d/"1,./V,. J?'~9."-LY'- , of the CIty of Albertville, a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. ~J 1/' !/:> /- . _/'- ~.- ..~ -- Notary Public 3 STATE OF MINNESOTA COUNTYOF. ) ) ss. ) me this O1~ay of ~ ,2000, by , the \ 0 'Ur , of Minnesota Business Finance Corporation, a corporation under the laws of the tate 6fMinnesota, on behalf of the corporation. . . I TAMMY L BRAEGELMANN I >- . NOTARY PUSLIC-MINNESOTA BENTON COUNTY MY COMMISSION EXPIRES. 141-2llll5 .~~~~~. ~~ot~ STATE OF MINNESOTA COUNTY OF U)l\, l Ii+ ./ ) ) ss. ) . ,The foregoing was acknowledged before me lhi.l ?? day of. ;1)<.:.)1../0-; ~.r:./'-- ,2000, by J-'{ "\./ J-{ o;t2> ) , the Vr--e), ci "'LI 1-- of Stearns Bank, NatIOnal AssociatIOn, a national banking association under the laws of the United States of America, on behalf of the Banle /~1/ .-4-/...../ / 7./ - Notary Public CONSENT OF DEBTOR GEM Development, LLC consents to the foregoing Security Interest Subordination Agreement and further agrees that the parties thereto may disclose to each other information regarding the indebtedness described in said Agreement as may be necessary to determine the priority and status of the parties' respective security interest. This shall not authorize the disclosure of financial statements. GEM DEVELOPMENT, LLC h c::.-' 3y- ,.~/~ 7- t:P?':1 -.-';;-4 t' Its ,/f!{H./,,:-4~T 4 STATE OF MINNESOTA COUNTY OF GU 117 J tif ) ) ss. ) The forego.ing instrument was acknowledged ?efore me this ) 7 day of /Uov..v, {(}_ , 2000, by G.. reS (1v -vi" l; I ' the f !'(:..::" dJ/L,' i . of GEM Development, LLC, a limited liability company under the laws of the State of Minnesota, on behalf of the company. ~1' /""./~L/ / k~~~~q;/~ ,.-- Notary Public ~), ~ - ~ THOMAS D. SAEHR r~ .OTARY "".lIe -MI.....TA . '-~~ My Comm. Exp. Jan. 31,2005 5 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY _1fg~1_~f~~ElrIIQtl_ Lot 1, Block 1, Gem Business Park, County of Wright, State of Minnesota. r SECURITY INTEREST SUBORDINATION AGREEMENT -, 'T"'- '[liIS SECURITY INTEREST SUBORDINATION AGREEI\.1ENT is made as of the V'\ 7 day of NOV..t.i:VIvb.cV, 2000, between MlNNESOTA BUSINESS FINANCE CORPORATION, 4140 Thielman Lane, Suite 304, St. Cloud, Minnesota, whose interest is to be assigned to the U.S. SMALL BUSINESS ADMINISTRATION, 610-C Butler Square, 100 North Sixth Street, Minneapolis, Minnesota 55403 (collectively the "SBA") and STEARNS BANK, NATIONAL ASSOCIATION, 4191 Second Street South, P.O. Box 7338, St. Cloud, MN 56302 (''Third Party Lender"), and the CITY OF ALBERTVILLE, a municipal corporation, 5975 Main Avenue N.E., P.O. Box 9, Albertville, MN 55301 (the "Creditor"), for the purpose of addressing and establishing the priority of the security interests of the parties in certain prorerty/~ed 9.YY ~AND OF LAKES STONE, L.L.C. (Federal Tax ID # Lf - 2- "-fc/it g ) ! fLl,,{1 L1f (0)&./) <;nlY\t7 LLC~ (the "Debtor") . , RECITALS A. Creditor was granted and still maintains a security interest in all equipment and fixtures now owned or later acquired, located on the real property described on Exhibit "A" attached hereto (the "Property") of Debtor (collectively "Creditor Collateral"), created by that certain DCC Fixture Financing Statement recorded February 28, 2000, as Document No. 703111, in the office of the Wright County Recorder, Minnesota; B. SBA was granted and still maintains a security interest in all fixtures now owned or later acquired, wherever located, and all proceed~ therefro;n of Debtor (collectively "SBA Collateral"), secured by a Mortgage dated A!uVi. Hrt ~J(\ 2' 7,2000, recorded the _ day of ,2000, as Document No. , in the office of the Wri&ht Coun~y Recorder, Minnesota, which was assigned to the SBA by Assignment dated f'v l..'lV,.L{Mt')f\ 2'7 2000, recorded the _ day of ,2000, as Document No. in the office of the Wright County Recorder, Minnesota; C. Third Party Lender was granted and still maintains a security interest in all fixtures now owned or later acquired, wherever located, and all proceeds therefrom of Debtor (collectively "Third Party Lender Collateral") secured by a Mortgage dated June 2, 1999, recorded the yd day of June, 1999, as Document No. 680139, in the office of the Wright County Recorder, Minnesota; . D. The. SBA has agreed to lend to Debtor, up to the sum of t(~/ct ~Lu",jy-fd1iCil^dtF11V-UlhC)A'ttndDol1ars ($ x ')7, 3 000 ) in the aggregate (the "SBA oan"); ), E. The Creditor Collateral, Third Party Lender Collateral and SBA Collateral may constitute some of the same collateral described in the Financing Statements wherever filed; and F. The SBA, Creditor and the Third Party Lender, as between themselves, desire to alleviate confusion or controversy by setting the priorities of their respective security interests in their respective collateral with Creditor subordinating its interest to the SBA Collateral and Third Party Lender Collateral. ' NOW THEREFORE, in consideration of the sum of One and 00/100 Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree in accordance with Minn. Stat. S 336.9-316 as follows: 1. The parties hereby covenant, consent and agree that the liens of their respective filings affecting the collateral described herein and their respective security interests and any and all other documents demonstrating Debtor's obligations shall have the following priority, despite the time or record order of the filings: A. B. C. First Priority: Second Priority: Third Priority: Third Party Lender SBA Creditor The parties agree that all right, title, security interest or other interest of each shall be subordinate in claim of lien to the interest of any higher priority. The priorities noted above shall control in any action or proceeding for the enforcement of any right, title, security interest or other interest. 2. SBA may administer its loan to Debtor in any manner it chooses and may modify the terms of its note or other documents relating to the SBA Loan without notice to or consent of Third Party Lender or Creditor and without affecting the terms of this Agreement. 3. This Agreement shall have no effect on the obligations or the rights of Debtor to pay or the right of any of the parties to receive payments on any indebtedness evidenced or referenced herein. This Agreement applies only to those documents and transactions enumerated herein, including any extensions or renewals thereof. 4. This Agreement may be changed only by an instrument in writing executed by the parties hereto. No waiver, amendment or modification by custom, usage or by implication shall be effective unless in writing signed by the parties. Moreover, this Agreement shall not be construed as altering, amending or modifying any of the terms and conditions of the documents or transactions enumerated herein. The filling in of any and all blanks contained in this Agreement, after execution, shall not be deemed an alteration hereof, and the Third Party Lender and Borrower hereby authorize the SBA, as their attorney in fact to fill in such blank spaces and to record this Subordination Agreement. 2 ~i/~t!UU 14;4~ t"AA 13~UZ~11J5~ SHAY LAW OFFICE I4l 04 5. No waiver by any party to this Agreement of any rights of such party with respect to the indebtedness of Debtor to such party ~ shall ~ this Agreement or the respective rights of any other party hereunder. 6. This Agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of the parties hereto. 7. This Agreement shall be construed and governed by federal law or when appropriate> by the laws of the State of Minnesota. IN WITNESS WHEREOF. the parties have executed this Agreement as of the date first written above. CREDITOR SBA CITY OF ALBERTVILLE MINNESOTA BUSlNESS FINANCE CORPORATION ~ By , ", ,"---' 11$ '~-~t-~ By c::?3;}J- '" ItS S Q..y.eA 1>-,-1-- (/ g IY_iJ/- TIllRD PARTY LENDER SlEARNS BANK. NATION.AL ASSOCIA nON By Its STATE OF MINNESOTA Wrri(llIt\y ) Si. COUNTYOF~ ) L J1le foreJoing was acknowledged before me, ,t1$ ) 1 day of N:UOl-? '- ",,-- . 2000> by (/\...L~ ~o (..,'7 , the ftcL~,NI )/"' rl':b- , of the City of Albertville~ a municipal corporation IDlder the laws of the State of Minnesota, on behalf of the corporation. ~' - fIO THOMAS D. SAEHR l \ ~J NOTARY PUBLIC -MINNESOTA ~._..~ My Comm. Exp. Jan, 31, 2005 (~L, *~"-=-~ / ../ Notary Public 3 STATE OF MINNESOTA ) IAlv" I'll h+- ) ss. COUNTY OF ~ ) The foregoing was acknowledged before me this ~ay of -a~ , 2000, by 1110 ~. SD-aH~. , the &tn, b"r l.-bin otfi tel of Minnesota Business Finance Corporation, a corporation under the laws of the State of Minnesota, on behalf of the corporation. .,..,.....A't...;_&~"^""'^"N....~. I TAMMY L BRAEGELMANN I NOTARY PlJIlUC.MlNNESOTA BENTON COUNTY MY COMMISSION EXPIRES 1-31-2005 . . ~:/..~ N'otary Pub c STATE OF MINNESOTA ) ) ss. ) COUNTY OFjt,Z.I){n.=:> .... The foregoing was acknowledged before me this 2J-ft1day of fJDV~/o-e-r- ,2000, by JOhvl E: - +14-~6 , the =Pre5id0;tr- of Stearns Bank, National Association,. national banking association under the laws of the United States of America, on behalf of the B MARY E. HANSEN NOTARY PUBUc-MINNESOTA My Commission Expires JIn. 31, 2 '111 E~ otary Public CONSENT OF DEBTOR Land of Lakes Stone, L.L.C. consents to the foregoing Security Interest Subordination Agreement and further agrees that the parties thereto may. disclose to each other information regarding the indebtedness described in said Agreement as may be necessary to determine the priority and status of the parties' respective security interest. This shall not authorize the disclosure of fmancial statements. LAND OF LAKES STONE, L.L.c. BYIAm~i!J7:3 '-.. 4 STATE OF MINNESOTA COUNTY OF liJ(\,.\ Ltf- ) ) ss. ) The fo~egoing wstrument was acknowledgectPe,.fore me tJUs dl day of /J(.:.....c~ je::~ , 2000, by L !'-10 ~t..(J l"'l , the \ /'e:>t ~f " of Land of Lakes Stone, L.L.C., a limited liability company under the laws of the State of Minnesota, on behalf of the company. .(fS..!~ THOMAS D. SAEHR i1'CJ,J,NOTARY PUBLIC -MINNESOTA ~._.~ My Comm. Exp. Jan. 31, 2005 ~ ;$L-, Notary Public 5 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY _1~g~1_~~~~RlfIIQ~_ Lot 1, Block 1, Gem Business Park, County of Wright, State of Minnesota.