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Name and Address of Secured Party:
<br />City of Ramsey
<br />7550 Sunwood Drive NW
<br />Ramsey, MN 55303
<br />Phone: (763) 433-9826
<br />Attention: Community Development Director
<br />(b) This document covers goods that are or are to become fixtures.
<br />Section 5.08. Indemnification by Morteaeor. Except to the extent arising from or
<br />related to the gross negligence or willful misconduct of Mortgagee or its agents, Mortgagor will
<br />protect, indemnify, and save harmless Mortgagee from and against all liabilities, obligations,
<br />claims, damages, penalties, causes of action, costs and expenses (including, without limitation,
<br />reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against
<br />Mortgagee by reason of (a) ownership of a mortgage interest in the Mortgaged Property, or
<br />receipt of any rent or other sum therefrom; (b) any accident, injury to, or death of persons or loss
<br />of or damage to property occurring on or about the Mortgaged Property or any part thereof or the
<br />adjoining sidewalks, curbs, vaults, and vault space, if any; (c) any use, non-use, or condition of
<br />the Mortgaged Property or any part thereof or the adjoining sidewalks, curbs, vaults, and vault
<br />space, if any; (d) any failure on the part of Mortgagor to perform or comply with any of the terms
<br />of this Mortgage; (e) performance of any labor or services or the furnishing of any materials or
<br />other property in respect of the Mortgaged Property or any part thereof; (f) any negligence or
<br />tortious act on the part of Mortgagor or any of its agents, contractors, sublessees, licensees, or
<br />invitees; or (g) exercise by Mortgagee of any remedy provided hereunder or at law or equity,
<br />provided, however, that nothing herein shall be construed to obligate Mortgagor to protect,
<br />indemnify, and save Mortgagee and its officers and employees harmless from and against
<br />liabilities, losses, damages, costs, expenses (including attorney's fees) arising from the negligent
<br />or tortious acts of Mortgagee, or any of its agents, employees or officers. Any amounts payable
<br />to Mortgagee under this section which are not paid within ten (10) days after written demand
<br />therefor by Mortgagee shall bear interest at the rate of one percent (1.00%) per annum in excess
<br />of the "reference rate" publicly announced from time to time by U.S. Bank National Association
<br />(unless collection from Mortgagor of interest at such rate would be contrary to applicable law, in
<br />which event such amounts shall bear interest at the highest rate which may be collected from
<br />interest at such rate would be contrary to applicable law, in which event such amounts shall bear
<br />interest at the highest rate which may be collected from Mortgagor under applicable law) from
<br />the date of such demand, and shall be secured by this Mortgage. If any action, suit, or
<br />proceeding is brought against Mortgagee by reason of any such occurrence, Mortgagor upon
<br />Mortgagee's request will at Mortgagor's expense resist and defend such action, suit, or
<br />proceeding, or will cause the same to be resisted and defended by counsel for the insurer of the
<br />liability or by counsel designated by Mortgagor approved by Mortgagee.
<br />Section 5.09 Rider. The terms of the Rider to Loan Documents attached hereto, are
<br />made a part hereof, and in the event of any inconsistencies, the Rider to Loan Documents shall
<br />control.
<br />[Signature page follows.]
<br />US.113578590.01
<br />B-2-20
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