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<br />"Equipment" means all the equipment, fixtures, and personal property acquired with the <br />proceeds of the Bonds and any renewals, replacements, additions, and substitutions thereof. <br /> <br />"Event of Default" means any of the events described as such in Section 9.01 hereof. <br /> <br />"Facilities" means, the Land and all improvements located on the Land and owned by the <br />Corporation, including the Project and the Equipment. <br /> <br />"Fiscal Year" means July 1 through June 30 of the following year, or any other period <br />which constitutes the Corporation's fiscal year from time to time. <br /> <br />"Governmental Obligations" means direct general obligations of, or obligations the timely <br />payment ofthe principal of and interest on which is unconditionally guaranteed by, the United States <br />of America. <br /> <br />"Improvements" means any additions, enlargements, improvernents, extensions or <br />alterations to the Facilities as they then exist (other than the Project), and any fixtures or equipment <br />acquired, constructed or owned by the Corporation and located on the Land. <br /> <br />"Issuance Expenses" means any and all costs and expenses relating to the issuance, sale and <br />delivery ofthe Bonds, including, but not limited to, Lender's discount or origination fee, all fees and <br />expenses of legal counsel, financial consultants, feasibility consultants and accountants, any fee to <br />be paid to the Issuer, the preparation and printing ofthis Loan Agreement, the Resolution, the Bonds <br />and all other related closing documents, and all other expenses relating to the issuance, sale and <br />delivery of the Bonds and any other costs which are treated as "issuance costs" within the meaning <br />of Section 147(g) of the Code. <br /> <br />"Issuer" means Cass County, North Dakota, its successors and assigns. <br /> <br />"Land" means the real estate described in Exhibit A attached hereto. <br /> <br />"Lender" means Wells Fargo Brokerage Services, LLC, Minneapolis, Minnesota, or any <br />successor Lender at the time serving as such under the Resolution. <br /> <br />"Loan Agreement" means this Loan Agreement executed by and between the Issuer and the <br />Corporation as the same may be amended from time to time. <br /> <br />"Mortgage" means the Mortgage, Security Agreement and Fixture Financing Statement <br />from the Corporation to the Lender dated as of August 1, 2006, as modified by the First Modification <br />of Mortgage, Security Agreement and Fixture Financing Statement dated as of the date hereof <br />between the Corporation and the Lender, as the same may be amended from time to time. <br /> <br />1-3 <br />