Modification of the gap at the Dirac point (DP) in antiferromagnetic (AFM) axion topological insulator MnBi$_2$Te$_4$ and its electronic and spin structure has been studied by angle- and spin-resolved photoemission spectroscopy (ARPES) under laser excitation with variation of temperature (9-35~K), light polarization and photon energy. We have distinguished both a large (62-67~meV) and a reduced (15-18~meV) gap at the DP in the ARPES dispersions, which remains open above the Neel temperature ($T_mathrm{N}=24.5$~K). We propose that the gap above $T_mathrm{N}$ remains open due to short-range magnetic field generated by chiral spin fluctuations. Spin-resolved ARPES, XMCD and circular dichroism ARPES measurements show a surface ferromagnetic ordering for large-gap sample and significantly reduced effective magnetic moment for the reduced-gap sample. These effects can be associated with a shift of the topological DC state towards the second Mn layer due to structural defects and mechanical disturbance, where it is influenced by a compensated effect of opposite magnetic moments.
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