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• shall preclude the exercise or enforcement of any of the Secured Party's rights or remedies. All rights <br /> and remedies of the Secured Party shall be cumulative and may be exercised singularly, concurrently <br /> or successively at the Secured Party's option, and the exercise or enforcement of any one such right <br /> or remedy shall not be a condition to or bar the exercise or enforcement of any other. This <br /> Agreement shall bind and benefit the Debtor and the Secured Party and their respective successors <br /> and assigns and shall take effect when executed by the Debtor and delivered to the Secured Party, <br /> and the Debtor waives notice of the Secured Party's acceptance hereof. If any provision or <br /> application of this Agreement is held unlawful or unenforceable in any respect, such illegality or <br /> unenforceability shall not affect other provisions or applications which can be given effect, and this <br /> Agreement shall be construed as if the unlawful or unenforceable provision or application had never <br /> been contained herein or prescribed hereby. All representations and warranties contained in this <br /> Agreement shall survive the execution, delivery and performance of this Agreement and the creation, <br /> payment and performance of the Obligations. This Agreement shall be governed by and construed <br /> in accordance with the laws of the State of Minnesota. <br /> THE DEBTOR REPRESENTS, CERTIFIES, WARRANTS AND AGREES THAT THE <br /> DEBTOR HAS READ ALL OF THIS AGREEMENT AND UNDERSTANDS ALL OF THE <br /> PROVISIONS OF THIS AGREEMENT. THE DEBTOR ALSO AGREES THAT COMPLIANCE <br /> BY THE SECURED PARTY WITH THE EXPRESS PROVISIONS OF THIS AGREEMENT <br /> SHALL CONSTITUTE GOOD FAITH AND SHALL BE CONSIDERED REASONABLE FOR <br /> ALL PURPOSES. <br /> S <br /> BADGER DIE CASTING, LLC <br /> By <br /> Title <br /> • <br /> KeesK 995382.1 6. <br />