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A-789178 Modification of MortgageDocument Number: A789178 Filed and/or Recorded on Jul 30, 2025 11:48 AM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy NV Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: CUSTOM HOME BUILDERS TITLE, LLC Pages: 6 This cover page has been added to this document by Carver County Land Records and is now an official part of this recorded document THIS IS A MORTGAGE AMENDMENT, AS DEFINED IN MINNESOTA STATUTES, SECTION 287.01 AND DOES NOT SECURE A NEW OR INCREASED AMOUNT OF DEBT. THE ORIGINAL AMOUNT OF THE DEBT WAS $6,000,000.00 AND MORTGAGE REGISTRY TAX IN THE AMOUNT OF $13,800.00 WAS PAID THEREON. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ENFORCEMENT OF THIS MORTGAGE IN MINNESOTA IS LIMITED TO THE DEBT AMOUNT OF $6,000,000.00 UNDER CHAPTER 287 OF THE MINNESOTA STATUTES. MODIFICATION OF COMBINATION MORTGAGE, SECURITY AGREEMENT, FIXTURE FILING AND ASSIGNMENT OF LEASES AND RENTS THIS MODIFICATION OF COMBINATION MORTGAGE, SECURITY AGREEMENT, FIXTURE FILING AND ASSIGNMENT OF LEASES AND RENTS (this "Modification") is made and entered into as of July 29, 2025, by and between RACHEL DEVELOPMENT, INC., a Minnesota corporation, whose address is 4180 Napier Court NE, St. Michael, Minnesota 55376 (herein called the "Mortgagor"), and TRADITION CAPITAL BANK, a Minnesota banking corporation, whose address is 100 Village Center Drive, Suite 101, North Oaks, Minnesota 55127 (herein called "Mortgagee"). RECITALS A. Mortgagee made a loan to Mortgagor evidenced by a Promissory Note dated May 15, 2025 (the "Note"), securing up to the principal amount of Six Million and 00/100 Dollars ($6,000,000.00) (the "Loan"). B. The Note is secured by a Combination Mortgage, Security Agreement, Fixture Filing and Assignments of Leases and Rents dated May 15, 2025, executed by Mortgagor in favor of Mortgagee, and recorded with the Carver County Recorder's Office on May 16, 2025, as Document No. A786274 (the "Mortgage"), encumbering a first mortgage lien on certain real property legally described therein (the "Mortgaged Property"). C. Mortgagor and Mortgagee desire to amend the Mortgage to add additional property as to the Mortgaged Property and amend and restate the Mortgaged Property currently encumbered by the Mortgage in its entirety. 3232162.0 r Custom Home Builders Title, LLC 10850 Old County Road 15, #100 Plymouth, MN 55441 NOW, THEREFORE, for the purposes aforesaid and in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, it is agreed by the parties as follows: 1. The Mortgaged Property currently encumbered by the Mortgage is hereby amended and restated in its entirety to the real estate legally described on Exhibit A-1 attached hereto and shall hereby be added as part of the Mortgaged Property and subject to the Mortgage. 2. Except as specifically amended or modified herein, all of the terms, conditions and covenants contained in the Mortgage shall remain in full force and effect and are hereby fully ratified and confirmed. If and to the extent that any of the terms and provisions of the Mortgage are in conflict with or inconsistent with any of the terms or provisions of this Modification, this Modification shall govern. 3. Mortgagor represents and warrants to Mortgagee that as of the date of this Modification, there are no claims, setoffs or defenses to Mortgagee's exercise of any rights or remedies available to it under the terms of the Mortgage. 4. The terms and conditions of this Modification shall be binding upon the parties hereto and their respective successors and permitted assigns. 5. This Modification may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 6. This Modification shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to choice of law or conflict of law principles. [Remainder of this page intentionally left blank; signature pages follow) -2- IN WITNESS WHEREOF, the parties hereto have caused this Modification to be duly executed as of the day and year indicated above. RACHEL DEVELOPMENT, INC., a Minnesota corporation M1 By: Davi dtman Its: Vice President of Development STATE OF MINNESOTA ) ss. COUNTY OFU—Ae-T-C-i1+T The foregoing instrument was acknowledged before me this 24 -^day of 3"Vj , 2025, by David Stradtman, the Vice President of Development of Rachel Developmei t, Inc., a Minnesota corporation, on behalf of the corporation. k4-tv*- ary Public LISA MARIAN FUNK WTAW PLOW HMO= -3- TRADITION CAPITAL BANK, a Minnesota banking corporation By: -;;Take Schoenberg Its: Vice President STATE OF MINNESOTA ) ss. COUNTY OF L0r--SC-1R-f ) This instrument was acknowledged before me on this2�—day of J tl , 2025, by Jake Schoenberg, as Vice President of Tradition Capital Bank, a Minnescka banking corporation, on behalf of said corporation. /-t wtk— ary Public USA MARIAN FUNK w NOTARY PUBLIC QANW.WTA yy p�"e *; do 31, 2= Prepared by, and after recording return to: Meghan E. Marty, Esq. Messerli & Kramer P.A. 1400 Fifth Street Towers 100 South Fifth Street Minneapolis, MN 55402 EXHIBIT A-1 AMENDED AND RESTATED LEGAL DESCRIPTION OF MORTGAGED PROPERTY Lots 1, 2, 3, 4, 5, 6, and 7, Block 1, Pleasant View Pointe, Carver County, Minnesota. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13, Block 2, Pleasant View Pointe, Carver County, Minnesota. All Abstract Property -5-