MORTGAGE REGISTRATION TAX
DUE HEREON: NONE
NINTH AMENDMENT TO COMBINATION MORTGAGE,
SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT
THIS AMENDMENT is made as of November 25, 1996, by and between Xxxxxxxx
Bros. Construction, Inc., a Minnesota corporation (the "Mortgagor"), and
Builders Development & Finance, Inc., a Minnesota corporation (the "Mortgagee").
RECITALS
A. The Mortgagor has executed and delivered to the Mortgagee a
Combination Mortgage, Security Agreement and Fixture Financing Statement dated
March 18, 1994 (the "Original Mortgage"). The Original Mortgage was amended by
that certain First Amendment to Combination Mortgage, Security Agreement and
Fixture Financing Statement dated as of June 10, 1994 ("First Amendment"), by
that certain Second Amendment to Combination Mortgage, Security Agreement and
Fixture Financing Statement dated as of August 22, 1994 ("Second Amendment"), by
that certain Third Amendment to Combination Mortgage, Security Agreement and
Fixture Financing Statement and Amendment to Revolving Credit Line Agreement
dated as of January 25, 1995 ("Third Amendment"), by that certain Fourth
Amendment to Combination Mortgage, Security Agreement and Fixture Financing
Statement and Amendment to Revolving Credit Line Agreement dated as of February
13, 1995 ("Fourth Amendment"), by that certain Fifth Amendment to Combination
Mortgage, Security Agreement and Fixture Financing Statement and Amendment to
Revolving Credit Line Agreement dated as of May 11, 1995 ("Fifth Amendment"), by
that certain Sixth Amendment to Combination Mortgage, Security Agreement and
Fixture Financing Statement and Amendment to Revolving Credit Line Agreement
dated as of September 8, 1995 ("Sixth Amendment"), by that certain Seventh
Amendment to Combination Mortgage, Security Agreement and Fixture Financing
Statement and Amendment to Revolving Credit Line Agreement dated as of February
14, 1996 ("Seventh Amendment"), and by that certain Eighth Amendment to
Combination Mortgage, Security Agreement and Fixture Financing Statement and
Amendment to Revolving Credit Line Agreement dated as of May 20, 1996 ("Eighth
Amendment").
The Original Mortgage, the First Amendment, the Second Amendment, the Third
Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the
Seventh Amendment and the Eighth Amendment are collectively referred to herein
as the "Mortgage." Certain lots described in the Mortgage have been released
from the Mortgage and are no longer subject to the Mortgage or this instrument.
B. The Original Mortgage was recorded as follows:
Office Filing Date Doc. No.
------ ----------- --------
Hennepin County Recorder's Office April 4, 0000 0000000
Hennepin County Registrar of Titles June 6, 0000 0000000
Hennepin County Registrar of Titles April 4, 0000 0000000
Dakota County Recorder's Office April 4, 1994 1206249
Xxxxxx County Recorder's Office April 4, 1994 165103
Xxxxxx County Registrar of Titles April 4, 1994 T83447
C. The First Amendment was recorded as follows:
Office Filing Date Doc. No.
------ ----------- --------
Hennepin County Recorder's Office July 15, 0000 0000000
Hennepin County Registrar of Titles July 28, 0000 0000000
Dakota County Recorder's Office July 14, 1994 1228848
Xxxxxx County Recorder's Office July 19, 1994 169673
Xxxxxx County Registrar of Titles July 19, 1994 T84926
D. The Second Amendment was recorded as follows:
Office Filing Date Doc. No.
------ ----------- --------
Hennepin County Recorder's Office September 29, 0000 0000000
Hennepin County Recorder's Office August 31, 0000 0000000
Dakota County Recorder's Office September 2, 1994 1239106
E. The Third Amendment was recorded as follows:
Office Filing Date Doc. No.
------ ----------- --------
Hennepin County Recorder's Office February 3, 0000 0000000
Hennepin County Registrar of Titles February 6, 0000 0000000
Dakota County Recorder's Office February 2, 1995 1263412
Xxxxxx County Recorder's Office February 3, 1995 A177001
Xxxxxx County Registrar of Titles February 3, 1995 T87056
F. The Fourth Amendment was recorded as follows:
Office Filing Date Doc. No.
------ ----------- --------
Hennepin County Recorder's Office February 16, 0000 0000000
G. The Fifth Amendment was recorded as follows:
Office Filing Date Doc. No.
------ ----------- --------
Dakota County Recorder's Office May 16, 1995 1278546
Dakota County Registrar of Titles May 16, 1995 319850
H. The Sixth Amendment was recorded as follows:
Office Filing Date Doc. No.
------ ----------- --------
Dakota County Recorder's Office September 21, 1995 1302270
Dakota County Registrar of Titles September 21, 1995 325600
Xxxxxx County Recorder's Office September 19, 1995 185012
Xxxxxx County Registrar of Titles September 19, 1995 T89065
I. The Seventh Amendment was recorded as follows:
Office Filing Date Doc. No.
------ ----------- --------
Hennepin County Registrar of Titles February 26, 0000 0000000
J. The Eighth Amendment was recorded as follows:
Office Filing Date Doc. No.
------ ----------- --------
Hennepin County Recorder's Office June 4, 0000 0000000
Hennepin County Registrar of Titles June 4, 0000 0000000
Dakota County Recorder's Office May 30, 1996 1351355
Dakota County Registrar of Titles May 30, 1996 337858
Xxxxxx County Recorder's Office June 4, 1996 195942
Xxxxxx County Registrar of Titles June 4, 1996 T92154
K. The purpose of this Amendment is to add additional Mortgaged
Property, as such term is defined in the Mortgage, but there will be no change
in the amount of the debt secured by the Mortgage.
AGREEMENT
NOW, THEREFORE, in consideration of the facts recited, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Mortgagor and the Mortgagee hereby agree as follows:
1. The terms "Land" and "Mortgaged Property" as used in the Mortgage
shall include the following land, as well as that land which has not been
released from the Mortgage heretofore:
PARCEL NO. 1:
In HIGHLANDS ON LAKE ST. XXX, Xxxxxx County, Minnesota:
Lots 6 through 8 and 10 through 12, Block 1; Xxx 0,
Xxxxx 0; and Xxxx 0 xxxxxxx 0, Xxxxx 0
XXXXXX XX. 0:
In HIGHLANDS ON LAKE ST. XXX 2ND ADDITION, Xxxxxx County,
Minnesota:
Xxxx 0 xxxxxxx 0, Xxxxx 0
XXXXXX NO. 3:
In SAVANNAH , Hennepin County, Minnesota:
Lots 9 through 11, Block 1; and Lots 8 and 9, Block 3
2. The "Permitted Encumbrances" set forth on Exhibit B attached to the
Mortgage are hereby amended to include the following:
Mortgages held by Builders Development & Finance, Inc., a Minnesota
corporation, on Parcel Nos. 1 and 2;
Mortgage held by Enebak Construction Company, a Minnesota corporation,
on Parcel No. 1;
Mortgages held by Builders Development & Finance, Inc., a Minnesota
corporation, on Parcel No. 3;
3. All terms of the Mortgage shall remain in effect except as amended
hereby, and the Mortgagor restates and affirms all representations, warranties
and covenants of the Mortgagor as set forth in the Mortgage with respect to the
Land herein described and with respect to that Land which has not been released
of record from the lien of the Mortgage, and Mortgagor agrees to be bound by and
to perform all of the covenants and agreements in the Mortgage at the time and
in the manner therein provided.
4. The Mortgagor agrees to pay or reimburse the Mortgagee for any and
all fees payable to public officials in connection with this instrument and the
recording hereof, including any mortgage registration tax that may be due.
IN WITNESS WHEREOF, the Mortgagor and the Mortgagee have executed this
instrument as of the day and year first above written.
MORTGAGOR:
XXXXXXXX BROS. CONSTRUCTION, INC.
By /s/ XXXXX XXXXXX
-------------------------------
Xxxxx Xxxxxx, President
MORTGAGEE:
BUILDERS DEVELOPMENT & FINANCE, INC.
By /s/ XXXX XXXXXXX
-------------------------------
Its Vice President
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 25th day of
November, 1996, by Xxxxx Xxxxxx, the President of Xxxxxxxx Bros. Construction,
Inc., a Minnesota corporation, on behalf of the corporation.
/s/ XXXXXX X. XXX
------------------
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 25th day of
November, 1996, by Xxxx Xxxxxxx, the Vice President of Builders Development &
Finance, Inc., a Minnesota corporation, on behalf of the corporation.
/s/ XXXXXX X. XXX
------------------
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
XXXXXXX, STREET AND DEINARD (NLW/JCK)
000 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000
Xxxxxxxxxxx, Xxxxxxxxx 00000
(000) 000-0000
