4.5. HRSR 12-06-2021 �J
etyof Request for Action
Elk
River
To Item Number
Housing and Redevelopment Authoritv 4.5
Agenda Section Meeting Date Prepared by
Consent December 6, 2021 Brent O'Neil, Economic Development Director
Item Description Reviewed by
Satisfaction of Mortgage— 19135 Troy Street NW Cal Portner, City Administrator
Reviewed by
Action Requested
Approve,by motion,the Satisfaction of Mortgage for 19135 Troy Street NW.
Background/Discussion
On July 5, 2019,Megan and Christopher Hank received a loan from the HRA through the HRA's Rehabilitation
Loan program for$25,000 to make improvements to the property located at 19135 Troy Street NW.
As of November 4, 2021, the Mortgage and Repayment Agreement has been fully paid and satisfied.
Financial Impact
N/A
Mission/Policy/Goal
The goal of the HRA is to improve existing housing stock by offering incentives or programs to repair and
maintain residential properties.
Attachments
■ Mortgage and Repayment Agreement
■ Satisfaction of Mortgage
The Elk River Vision
A avelcoming community n ith revolutionary and spirited resourcefulness, exceptional service, and p U w E A E o s r
community engagement that encourages and inspires prosperity /` UR
140.0-19?DATE R -
MTG REGISTRY TAX OF AID
Au
Deputy
'(kvct O COW,
Quality Abstract, Inc.
7650 Currell Blvd. Suite 350, Woodbury, MN 55125
r/Treasurer
THIS MORTGAGE, made this 5th
Mortgage
day of July
Office of the County Recorder
Sherburne County, MN
Doc. No. 876478
Certified, filed, and or recorded on
August 8, 2019 3:00 PM
Michelle Ashe, County Recorder
By SD Deputy
Fees: $46.00
III IIIIIIIIIIIIIIIIIIII VIII
876478
2019 ,by
MEGAN L. HAUK, FKA MEGAN L WITTENBERG AND CHRISTOPHER J. HAUK, SPOUSES MARRIED TO EACH
OTHER residing at 19135 TROY STREET NW, Elk River, MN 55330
(hereinafter designated as Mortgagor) to the Housing and Redevelopment Authority in and for the City of Elk
River, Minnesota, a public body corporate and politic, whose main office if located at 13065 Orono Parkway, in the
City of Elk River, County of Sherburne, State of Minnesota (hereinafter designated as Mortgagee).
WITNESSETH: That said Mortgagor hereby mortgages and conveys to said Mortgagee the following
described real property at 19135 TROY STREET NW, Elk River, MN 55330
(the "Property"), legally described as:
The North 162.50 feet of the South 325.00 feet of the West 629.50 feet, all as measured at right angles, of
the Northwest 1/4 of the Southeast 1/4 of Section 30, Township 33, Range 26, Sherburne County, Minnesota
, according to the recorded plat thereof, and situate in Sherburne County, Minnesota.
This Mortgage is given in consideration of and as security for the payment of
Twenty -Five Thousand
Dollars (s 25,000.00) (the "Loan Funds"), receipt of which is hereby acknowledged and which is made to enable
the Mortgagor to make home improvements on the Property The Loan Funds are evidenced by a Note (the "Note")
to the order of the Mortgagee of even date herewith, a copy of which is attached hereto as Schedule 1 and
incorporated herein by reference. The Loan Funds shall be repaid according to the terms of the Note of the same
date, provided that the final payment of principal and interest on the Note shall be due and payable on
Mortgagor makes and includes in this Mortgage the Statutory Covenants and other provisions set forth in
Minnesota Statutes, Section 507.15, including without limitation:
a. To warrant title to the Property.
b. To pay all other mortgages, liens, charges or encumbrances against the Property as and when they
become due.
C. To pay the indebtedness of the Note as herein provided.
d. To pay all real estate taxes on the Property.
e. To keep the Property in repair and to commit no waste upon the Property.
f. To keep any buildings on the Property insured against loss by fire and other hazards for at least the
sum of the full insurable value of the Property for the protection for the Mortgagee.
CEE / Elk—River—Mortgage / 01-19
If the Mortgagor herein shall pay the Mortgagee, its successors and assigns, the sum of
Twenty -Five Thousand dollars ($ 25,000.00)
when it becomes due according to the terms of the above-mentioned Note, then this Mortgage shall be null and
void, otherwise to remain in full force and effect. But if default shall be made in payment of said sum when due or
in any of the covenants or agreements continued herein, then the Mortgagee may declare immediately due and
payable the entire unpaid principal balance together with interest thereon, and the Mortgagee, its successors or
assigns, are hereby authorized and empowered to foreclose this Mortgage by action or advertisement, pursuant to
the statutes of the State of Minnesota in such case made and provided, power being expressly granted to sell the
Property at public auction and convey the same to the purchaser in fee simple and, out of the proceeds arising from
such sale, to pay the principal of the Note with accrued interest, together with all legal costs and charges of such
foreclosure and the maximum attorney's fees permitted by law.
Mortgagee prior to acceleration shall mail notice to Mortgagor specifying: (1) the event of default; (2) the action
required to cure such event; (3) the date, not less than thirty (30) days from the date the notice is mailed to
Mortgagor, by which date such default must be cured; and (4) that failure to cure such default on or before the date
specified in the notice may result in acceleration of the sums secured by this Mortgage and sale of the Property.
The notice shall further inform Mortgagor of the right to reinstate after acceleration and the right to bring a court
action to assert the nonexistence of a default or any other defense of Mortgagor to acceleration and sale. If the
default is not cured on or before the date specified in the notice, Mortgagee at Mortgagee's option, may declare all
of the sums secured by this Mortgage to be immediately due and payable without further demand and may invoke
the power of sale hereby granted and any other remedy permitted by applicable law.
Notwithstanding Mortgagee's acceleration of the sums secured by this Mortgage, Mortgagor shall have the right to
have any proceedings begun by Mortgagee to enforce this Mortgage discontinued at any time prior to the earlier of
(i) sale of the Property pursuant to the power of sale contained in this Mortgage or (ii) a judgment enforcing this
Mortgage, if. (a) Mortgagor pays Mortgagee all sums constituting the default actually existing under this Mortgage
and the Note at the commencement of foreclosure proceedings under this Mortgage; (b) Mortgagor cures all
breaches of any other covenants or agreements of Mortgagor contained in this Mortgage; (c) Mortgagor pays all
reasonable expenses incurred by Mortgagee in enforcing the covenants and agreements of Mortgagor contained in
this Mortgage and in enforcing Mortgagee's remedies as provided herein, including, but not limited to, reasonable
attorney's fees, and (d) Mortgagor takes such action as Mortgagee may reasonably require to assure that the lien of
this Mortgage, Mortgagee's interest in the Property and Mortgagor's obligation to pay the sums secured by this
Mortgage shall continue unimpaired. Upon such payment and cure by Mortgagor, this Mortgage and the
obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.
The Mortgagor will indemnify, save, and hold harmless the Housing Redevelopment Authority (HRA) in and for
the City of Elk River, Minnesota, and the City of Elk River, Minnesota, their officers, agents, and employees, from
and against any claim, cause of action, damage, liability, loss or expense, including attorney s fees incurred by the
HRA, made by any party in connection with or arising from (i) the presence, if any, of hazardous wastes or
pollutants on the Property; (ii) any loss or damage to property or any injury to or death of any person occurring at
or about or resulting from any defect in the Property, (iii) the performance of, or failure to perform, this Mortgage.
Nothing herein shall be deemed a waiver of any statutory limitations of liability or immunity. The indemnity
provisions of this Section shall survive the foreclosure or other termination of this Mortgage.
MORTGAGOR HEREBY: EXPRESSLY CONSENTS TO THE FORECLOSURE AND SALE OF THE
MORTGAGED PROPERTY BY ACTION PURSUANT TO MINNESOTA STATUTES CHAPTER 581 OR, AT
OPTION OF MORTGAGEE, BY ADVERTISEMENT PURSUANT TO MINNESOTA STATUTES CHAPTER
580, WHICH PROVIDES FOR SALE AFTER SERVICE OF NOTICE THEREOF UPON THE OCCUPANT OF
THE MORTGAGED PROPERTY AND PUBLICATION OF SAID NOTICE FOR SIX WEEKS IN THE
COUNTY IN MINNESOTA WHERE THE MORTGAGED PROPERTY IS SITUATED AND ACKNOWLEDGES
THAT SERVICE NEED NOT BE MADE UPON MORTGAGOR PERSONALLY UNLESS MORTGAGOR IS
AN OCCUPANT AND THAT NO HEARING OF ANY TYPE IS REQUIRED IN CONNECTION WITH THE
SALE AND EXCEPT AS MAY BE PROVIDED IN SAID STATUTES, EXPRESSLY WAIVES ANY AND ALL
RIGHT TO PRIOR NOTICE OF SALE OF THE MORTGAGED PROPERTY.
CEE /.Elk_River_Mortgage / 01-19
This Mortgage and said Note shall be construed according to the laws of the State of Minnesota.
IN WITNESS WHEREOF, the Mortgagor has caused this Mortgage to be duly executed as of the day
and year first above written.
MORTGAGOR:
N.�
By,
CHRISTOPHER J. HAUK
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this 5th day of July
2019 , by MEGAN L. HAUK, FKA MEGAN L WITTENBERG AND CHRISTOPHER J. HAUK, SPOUSES MARRIED
TO-EArR-UTHE
PEGGY KAY PAYNE
NOTARY PUBLIC
MINNESOTA
CoMMaaj" Expires Jan. 31. 2020
This Mortgage and Note are being serviced by:
Center for Energy and Environment
212 3rd Avenue North, Suite 560
Minneapolis, MN 55401
THIS DOCUMENT DRAFTED BY:
Housing and Redevelopment Authority
in and for the City of Elk River, Minnesota
13065 Orono Parkway
Elk River, MN 55330
CEE / Elk_River_Mortpge / 01-19
TIL and NMLSR ID
Center for Energy and Environment
Loan Originator Company Name
1094923
Loan Originator Company NMLSR ID
LeAnne Karras
Loan Originator Individual Name
(as name appears on NMLSR)
Loan Originator Individual NMLSR ID
(if applicable)
CEE / Elk—River—Mortgage / 01-19
Form No.2051-51M—SATISFACTION OF MORTGAGE
By Corporation or Partnership
Satisfaction of Mortgage
(Reserved for recording data)
Date: 11/4/2021
THAT CERTAIN MORTGAGE owned by the undersigned, a political subdivision under the laws of Minnesota, dated
7/5/2019 executed by MEGAN L.HAUK,FKA MEGA L.WITTENBERG and CHRISTOPHER J.HAUK, Spouses
Married to Each Other as Mortgagor(s), to the Housing and Redevelopment Authority In and for the City of Elk
River, Minnesota, a public body corporate and politic, as Mortgagee to, and filed for record on 8/8/2019 as Document
Number 876478, in the Office of the ❑X County Recorder of Sherburne County, Minnesota, is with the indebtedness
thereby secured, fully paid and satisfied.
Housing and Redevelopment Authority In and for the City of Elk River, Minnesota
By:
Larry Toth Chair,Elk River Housing and (Signature)
Redevelopment Authority
STATE OF MINNESOTA }
} ss.
COUNTY OF SHERBURNE}
The foregoing instrument was acknowledged before me on by
, the of the Housing and Redevelopment Authority In and
for the City of Elk River, Minnesota, a public body corporate and politic under the laws of Minnesota, on behalf of
the Authority.
Signature of Notarial Officer taking acknowledgement
THIS INSTRUMENT WAS DRAFTED BY: NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK)
Housing and Redevelopment Authority
in and for the City of Elk River,Minnesota
13065 Orono Parkway,
Elk River,MN 55330