05-13-2020 Council Packet - Laserfiche WebLink

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12587850v1 10 9.Amendments. This Mortgage may be amended only as provided in the Loan Agreement and Indenture. 10.Loan Agreement and Indenture Control. Any provision in this Mortgage which is inconsistent with the Loan Agreement or the Indenture or any provision thereof shall be interpreted as if such provision were not contained herein and as if the provisions of the Loan Agreement and Indenture had been fully incorporated herein. In all cases of inconsistency, and in case of any amendment of or supplement to the Loan Agreement or Indenture, entered into in accordance with the provisions thereof, the provisions of the Loan Agreement (as amended and supplemented) and Indenture (as amended and supplemented) shall control. Reference is hereby made to copies of the Loan Agreement and Indenture to be placed on file at the offices of the Mortgagor and the Mortgagee and at the office of the City Administrator of the Issuer. 11.Fixture Filing. From the date of its recording, this Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all goods constituting part of the Mortgaged Property which are or are to become fixtures related to the real estate described herein. For this purpose, the following information is set forth: a.Name and Address of Debtor: Presbyterian Homes Care Centers, Inc. 2845 Hamline Avenue North Roseville, MN 55113 Attention: Chief Financial Officer b.Name and Main Office Address of Secured Parties: U.S. Bank National Association 60 Livingston Avenue EP-MN-WS3C St. Paul, MN 55107 Attention: Corporate Trust Services c.This document covers goods which are or are to become fixtures. d.Name of Record Owner: Presbyterian Homes Care Centers, Inc. 12.Assignment of Leases and Rents. The Assignor does hereby grant, transfer and assign to the Assignee (the "Assignment") all of the right, title and interest of the Assignor in and to (i) any and all present or future leases or tenancies, whether written or oral, covering or affecting any or all of the Mortgaged Property (all of which, together with any and all extensions, modifications and renewals thereof, are hereinafter collectively referred to as the "Leases" and each of which is referred to as a "Lease"), and (ii) all rents, profits and other income or payments of any kind due or payable or to become due or payable to or by the Assignor as the result of any use, possession or occupancy of all or any portion of the Mortgaged Property or as the result of the use of or lease of any personal property constituting a part of the Mortgaged Property (all of which are hereinafter collectively referred to as "Rents"), including any general revenues,