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Company grant a mortgage and security interest in the Project <br />to the Trustee pursuant to a Mortgage and Security Agreement <br />dated as of October 1, 1985 (the "Mortgage ") and to further <br />secure the payment of the Bonds and the interest thereon, enter <br />into an Assignment of Leases and Rents dated as of October 1, <br />1985 in favor of the Trustee (the "Assignment of Leases and <br />Rents "). Payment of the Bonds and interest thereon is also <br />secured by a Guaranty dated as of December 1, 1984 in favor of <br />the Trustee given by O. Larry Lee, Francis Husnik and Raymond <br />Dykema and their spouses (if required by the Bond Purchaser) <br />(the "Guaranty "). Disbursement of the proceeds of the Bonds <br />will also be governed by a Disbursing Agreement among the <br />Trustee, the Company and Title Services, Inc. (the "Disbursing <br />Agreement "). <br />4. This Council by action taken on this date gave <br />preliminary approval to the proposal and prior to closing the <br />Minnesota Department of Energy and Economic Development will <br />give approval to the Project as tending to further the purposes <br />and policies of the Act. <br />5. Pursuant to the preliminary approval of the <br />Council, forms of the following documents have been submitted <br />to the Council for approval: <br />(a) The Loan Agreement. <br />(b) The Indenture. <br />(c) The Mortgage (not executed by the City). <br />(d) The Assignment of Leases and Rents (not <br />executed by the City). <br />(e) The Guaranty (not executed by the City). <br />(f) The Purchase Agreement. <br />(g) An Official Statement prepared by the <br />Bond Purchaser (not executed by the City). <br />(h) The Disbursing Agreement (not executed by the <br />City). <br />6. It is hereby found, determined and declared that: <br />(a) the Project described in the Loan <br />Agreement and Indenture referred to above <br />constitutes a Project authorized by the Act: <br />2 <br />