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13135953v2
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<br />described in Exhibit A hereto, to secure the obligations of the Mortgagor under the Loan
<br />Agreement, including its obligation to make Loan Repayments at times and in amounts sufficient
<br />to pay when due the principal of, premium (if any) on, and interest on the Series 2021D Bonds
<br />(together with any Additional Bonds to be issued pursuant to Section 2.09 of the Indenture,
<br />sometimes herein collectively referred to as the “Bonds”);
<br />NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and
<br />valuable consideration, the receipt and sufficiency of which is hereby acknowledged; in
<br />consideration of the purchase and acceptance of the Series 2021D Bonds by the persons who,
<br />from time to time, may become the owners thereof; and to secure the due and punctual payment
<br />of any and all liabilities of the Mortgagor under the Loan Agreement, including (without
<br />limitation) all Loan Repayments payable thereunder, and the payment of all fees and expenses
<br />and advances of the Issuer and the Trustee under the Loan Agreement, the Indenture and this
<br />Mortgage, the Mortgagor does hereby grant, bargain, sell, convey, warrant and assign to the
<br />Mortgagee, its permitted successors and assigns, a lien on and security interest in, and does
<br />hereby mortgage and pledge unto the Mortgagee, its successors and assigns, forever, with power
<br />of sale, the following (collectively, the “Mortgaged Property”):
<br />I.
<br />All of its right, title and interest in and to the tracts, parcels and interests in land described
<br />in Exhibit A hereto (the “Land”) and the buildings, structures and other improvements now
<br />standing or at any time hereafter constructed or placed upon the Land (the “Buildings”),
<br />including but not limited to (i) all building materials, supplies and equipment now or hereafter
<br />located on the Land and suitable or intended to be incorporated in any building, structure, or
<br />other improvement located or to be erected on the Land, (ii) all heating, plumbing and lighting
<br />apparatus, motors, engines and machinery, electrical equipment, incinerator apparatus, air
<br />conditioning equipment, water and gas apparatus, pipes, faucets, and all building service
<br />equipment and other fixtures of every description which are now or may hereafter be placed or
<br />used upon the Land or in any building or improvement now or hereafter located thereon, and as
<br />to the foregoing in this subparagraph (ii), whether personal property or fixtures, a security
<br />interest is hereby granted by the Mortgagor and hereby attaches thereto, all as provided by the
<br />Minnesota Uniform Commercial Code, (iii) all additions, accessions, increases, parts, fittings,
<br />accessories, replacements, substitutions, betterments, repairs and proceeds to and of any and all
<br />of the foregoing, which for purposes of this Mortgage shall be deemed conclusively to be
<br />conveyed hereby, and (iv) all hereditaments, easements, appurtenances, estates, and other rights
<br />and interests now or hereafter belonging to or in any way pertaining to the Land or to any
<br />building or improvement now or hereafter located thereon, and all of the right, title and interest
<br />of the Mortgagor in and to any fixtures which may be the subject to any title retention or security
<br />agreement superior in lien to the lien of this Mortgage.
<br />II.
<br />All furnishings, furniture, equipment and all other tangible personal property of any
<br />nature whatever now or hereafter located in the Buildings or elsewhere on the Land which may
<br />or might now or hereafter be or be deemed to be personal and not an integral part of the Land,
<br />exclusive of personal property owned by residents (the “Equipment”), including all additions,
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