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1325 Town Centre Dr - LOC Border Foods / Taco Bell 2011-07-28All of us serving you U.S. Bank National Association Standby Letters of Credit: BC- MN -H2OG 800 Nicoilet Mall Minneapolis, Minnesota 55402 July 28, 2011 LETTER OF CREDIT NUMBER: DOLLAR AMOUNT: EXPIRATION DATE: APPLICANT: SLCMMSP06354 USD 7,500.00 JULY 28, 2012 BORDER FOODS, INC. 965 DECATUR AVENUE NORTH GOLDEN VALLEY, MINNESOTA 55427 BENEFICIARY: CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 ATTN: CITY CLERK U.S. BANK NATIONAL ASSOCIATION UTHORIZED SI NATURE I: \IBD \Standby\Letter \63 5400. doc usbank.com G6uAXv ow_ SWIFT: USBKUS44 TELEX: PHONE: 866 - 359 -2503 EXT 5854 612 303 -7395 FAX : 612 - 303 -5226 usbank.com All of us serving you' U.S. Bank National Association Standby Letters of Credit: BC- MN -H2OG 800 Nicollet Mall Minneapolis, Minnesota 55402 July 28, 2011 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Attn: City Clerk SWIFT: USBKUS44 TELEX: Phone: 866 - 359 -2503 x 5854 612- 303 -7395 Fax: 612 - 303 -5226 For Informational Purposes Only: This Letter of Credit relates to Lot 1, Block 1, Town Centre 70 Ninth Addition at 1325 Town Centre Dr., Eagan, Minnesota 55123. We hereby establish our Irrevocable Standby Letter of Credit No. SLCMMSP06354 for the account of Border Foods, Inc., 965 Decatur Ave North, Golden Valley, MN 55427 in the initial amount of $7,500.00 (Seven Thousand Five Hundred and no /100 U.S. Dollars) and authorize you to draw at sight on U.S. Bank National Association. Drafts on us at sight must be accompanied by a beneficiary's signed statement (purportedly signed by an authorized signer of beneficiary) as follows: "We are drawing under this letter of credit as applicant has not satisfactorily completed the installation and maintenance of all landscaping required by the City of Eagan according to the approved landscape plan dated 5/24/2011." It is a condition of this Letter of Credit that it shall be considered automatically extended without amendment for one year from the present or any future expiration date unless we notify you in writing at least sixty (60) days prior to any such expiration date that this letter of Credit will not be renewed. If you receive our notice of non - renewal and our Letter of Credit has not been extended or you have not received a suitable replacement Letter of Credit, you may draw under our Letter of Credit by presenting a beneficiary signed statement (purportedly signed by an authorized signer of the beneficiary) as follows: "We are drawing under this Letter of Credit as we have received your notice of non - renewal and your Letter of Credit has not been extended and we have not received a suitable replacement Letter of Credit." The amounts of any drafts drawn under this Letter of Credit are to be endorsed on the reverse side hereof. Such drafts must bear the clause "Drawn under U.S. Bank National Association credit number SLCMMSP06354 dated July 28, 2011." We hereby agree with drawers that drafts and documents as specified above will be duly honored upon presentation to U.S. Bank National Association, 800 Nicollet Mall, attn: Standby Letters of Credit BC -MN- H2OG, Minneapolis Minnesota 55402, if presented on or before July 28, 2012 or any extended date as provided herein. This credit is subject to the International Standby Practices (ISP98), International Chamber of Commerce Publication Number 590. U.S. Bank National Association Authorized Signature