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2025.07.07 CC Packet
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2025.07.07 CC Packet
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172981796v3 <br /> <br />Taft Draft June 24, 2025 <br /> <br /> <br />PLEDGE AGREEMENT <br />This Pledge Agreement is made as of September [__], 2025 between the City of Hugo, <br />Minnesota, a municipal corporation and political subdivision of the State of Minnesota (the <br />“City”), and Falcon National Bank, a national banking association (the “Lender”). <br />Recitals <br />WHEREAS, Legacy Christian Academy, a Minnesota nonprofit corporation (the <br />“Borrower”), and the City have entered into a Loan Agreement (the “Loan Agreement”) of even <br />date herewith, pursuant to which the City will lend to the Borrower the proceeds of the <br />$5,500,000.00 Educational Facilities Revenue Note, Series 2025 (Legacy Christian Academy <br />Project) (the “Note”); and <br />WHEREAS, the Note is to be payable from and secured by the loan repayments to be made <br />by the Borrower under the Loan Agreement; and the Lender, as a condition to the purchase of the <br />Note, has required the execution of this Pledge Agreement. <br />NOW THEREFORE, as an inducement to the Lender to purchase the Note, and in <br />consideration of the promises and other good and valuable consideration, the receipt and <br />sufficiency whereof is hereby acknowledged, the parties hereby agree as follows: <br />1. In order to secure the due and punctual payment of the Note and all other sums due <br />the Lender under the Loan Agreement, the City does hereby pledge and assign to the Lender all of <br />the City’s right, title and interest in and to the Loan Agreement, subject to the City’s rights under <br />the provisions of Section 7.9 thereof. <br />2. The City hereby represents and warrants to the Lender that the City’s right, title and <br />interest in the Loan Agreement is free and clear of any lien, security interest or other encumbrance <br />other than that arising under this Pledge Agreement. <br />3. The City hereby authorizes the Lender to exercise, whether or not a default exists <br />under the Note or an Event of Default has occurred under the Loan Agreement, either in the City’s <br />name or the Lender’s name, any and all rights or remedies available to the City under the Loan <br />Agreement. The City agrees, on request of the Lender, to execute and deliver to the Lender such <br />other documents or instruments as shall be deemed necessary or appropriate by the Lender at any <br />time to confirm or perfect the security interest hereby granted. The City hereby appoints the <br />Lender its attorney-in-fact to execute on behalf of the City, and in its name, any and all such <br />assignments, financing statements or other documents or instruments which the Lender may deem <br />necessary or appropriate to perfect, protect or enforce the security interest hereby granted. <br />4. The City will not: <br />(a) exercise or attempt to exercise any remedies under the Loan Agreement, <br />except as permitted by Sections 6.2 and 7.9 of the Loan Agreement, or terminate, modify or accept <br />a surrender of the same, or by affirmative act, consent to the creation or existence of any security <br />interest or other lien in the Loan Agreement to secure payment of any other indebtedness; or
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