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7.5. SR 07-20-2015
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7.5. SR 07-20-2015
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<br />statute, under common law or otherwise, whether or not the Indebtedness has been fully paid, <br />and all payments and recoveries under this guaranty shall be considered equity investments by <br />the undersigned in the Borrower; provided, nothing contained in this guaranty shall deprive the <br />undersigned of any claim, right or remedy, after the Indebtedness has been fully paid, against any <br />person other than the Borrower. No delay or failure by the Lender in exercising any right, and <br />no partial or single exercise thereof shall constitute a waiver thereof. No waiver of any rights <br />hereunder, and no modification or amendment of this guaranty shall be effective unless the same <br />is in writing duly executed by the Lender, and each such waiver, if any, shall apply only with <br />respect to the specific instance involved and shall not impair or affect the rights of the Lender or <br />the provisions of this guaranty in any other respect at any other time. This guaranty shall <br />continue until written notice of revocation of this guaranty, executed by the undersigned, has <br />been received by the Lender; provided, no revocation of this guaranty shall affect in any manner <br />any liability of the undersigned under this guaranty with respect to Indebtedness arising before <br />the Lender receives such written notice of revocation, and the sole effect of revocation of this <br />guaranty shall be to exclude from this guaranty Indebtedness thereafter arising which is <br />unconnected with Indebtedness theretofore arising or transactions theretofore entered into. <br /> <br />Any invalidity or unenforceability of any provision or application of this guaranty shall <br />not affect other lawful provisions and applications hereof and to this end the provisions of this <br />guaranty are declared to be severable. This guaranty shall bind the undersigned and the <br />representatives, successors and assigns of the undersigned, and of each of them respectively, and <br />shall benefit the Lender, its successors and assigns. This guaranty shall be governed by and <br />construed in accordance with the laws of the State of Minnesota. <br /> <br />The undersigned is the occupant of the real property legally described as Lot 1, Block 2, <br />Natures Edge Business Center, Sherburne County, Minnesota (the “Property”). Borrower is <br />acquiring the Property and will be leasing it to the undersigned pursuant to a certain lease <br />agreement (the “Lease”). Borrower and the undersigned are under common ownership. The <br />undersigned acknowledges and agrees that the Indebtedness is being utilized by Borrower to <br />finance the cost of improvements to the Property, and such improvements and equipment will <br />support the undersigned’s ability to fulfill its obligations under the Lease and, therefore, the <br />undersigned’s obligations under this Guaranty are proper, valid and enforceable. This Guaranty <br />has been approved by unanimous consent of the board of governors of the undersigned. <br /> <br />3 <br />464434v1 EL185-33 <br />
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