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RES 16-02 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ELK RIVER COUNTY OF SHERBURNE STATE OF MINNESOTA RESOLUTION NO. 16-02 RESOLUTION APPROVING ISSUANCE OF A CERTIFICATE OF FORGIVENESS AND RELEASE OR MORTGAGE WHEREAS, Preferred Powder Coating, LLC (the "Borrower") has heretofore entered into a Loan Agreement, dated September 26, 2013, by and between the Economic Development Authority of the City of Elk River("EDA")and the Borrower(the"Loan Agreement"); and WHEREAS, in accordance with Section 6 of the Loan Agreement the Borrower has notified the EDA that all conditions have been met for the loan to be forgiven and has requested that the EDA issue a Certificate of Forgiveness and Release of Mortgage. NOW THEREFORE BE IT RESOLVED By the Board of Commissioners (the"Board") of the Economic Development Authority of the City of Elk River("EDA")as follows: Section 1. EDA Approval. The EDA hereby finds that conditions have been met for the loan to be forgiven, and the President and the Executive Director are hereby authorized and directed to execute the Certificate of Forgiveness and Release of Mortgage, together with any related documents necessary in connection therewith(the"Release Documents"),on behalf of the EDA and deliver the Note, the Entity Guaranty and the Personal Guaranties (as defined in the Loan Agreement) to the Borrower. The approval hereby given to the Release Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto including without limitation filling in any missing information, as may be necessary and appropriate and approved by legal counsel to the EDA and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the EDA. The execution of any instrument by the appropriate officers of the EDA herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. Approved by the Board of Commissioners of the Economic Development Authority of the City of Elk River this 18th day of April,2016. s�---�\ • President ATTEST: Secretary 478265v1 JSB EL185-22