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13135953v2 <br /> <br /> <br />12 <br /> <br />possession and disposition of the Mortgaged Property and the Revenues and <br />Income thereof subject, however, to the rights of the Mortgagee to the possession <br />and disposition of the Funds and Accounts provided for in the Loan Agreement <br />and Indenture. <br />18. Amendments. This Mortgage may be amended only as provided in the Loan <br />Agreement and Indenture. <br />19. Loan Agreement and Indenture Control. Any provision in this Mortgage which is <br />inconsistent with the Loan Agreement or the Indenture or any provision thereof <br />shall be interpreted as if such provision were not contained herein and as if the <br />provisions of the Loan Agreement and Indenture had been fully incorporated <br />herein. In all cases of inconsistency, and in case of any amendment to or <br />supplement to the Loan Agreement or Indenture, entered into in accordance with <br />the provisions thereof, the provisions of the Loan Agreement (as amended and <br />supplemented) and Indenture (as amended and supplemented) shall control. <br />20. Fixture Filing. The Mortgagor executes this instrument as a Debtor under the <br />UCC, it being intended that this Mortgage shall constitute and be a security <br />agreement and financing statement under the laws of the State of Minnesota, <br />pursuant to Minnesota Century Code, Section 41-09-34. <br />This Mortgage constitutes a financing statement filed as a fixture filing under the <br />UCC, as amended or recodified from time to time, covering any of the collateral <br />which now is or later may become fixtures attached to the Land or the <br />improvements thereon. The following addresses are the mailing addresses of <br />Mortgagor, as debtor under the UCC, and Mortgagee, as secured party under the <br />UCC, respectively: <br />(1) Name and Address of Debtor: <br />Harmony Care Center, Inc. <br />7171 Ohms Lane <br />Edina, MN 55439 <br />Type of Organization: Nonprofit Corporation <br />Jurisdiction of Organization: Minnesota <br /> <br /> <br />(2) Name and Main Office Address of Secured Party: <br />U.S. Bank National Association <br />60 Livingston Avenue <br />EP-MN-WS3C <br />St. Paul, MN 55107 <br />