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5.0. 6.0. 7.0. EDSR 06-14-1999
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5.0. 6.0. 7.0. EDSR 06-14-1999
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City Government
type
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date
6/14/1999
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Note may, at its option, declare this Note to be immediately due and payable and thereupon this <br /> Note shall become due and payable for the entire unpaid principal balance of this Note plus <br /> accrued interest and other charges on this Note without any presentment, demand, protest or other <br /> notice of any kind. <br /> The undersigned (i) waives demand, presentment, protest, notice of protest, notice <br /> of dishonor and notice of nonpayment of this Note; (ii) agrees that when or at any time after this <br /> Note becomes due the then holder of this Note may offset or charge the full amount owing on this <br /> Note against any account then maintained by the undersigned with such holder of this Note <br /> without notice; (iii) agrees to pay on demand all costs and expenses of all present and future <br /> holders of this Note in connection with this Note and any security and guaranties for this Note, <br /> including but not limited to reasonable attorneys' fees and legal expenses, plus interest on such <br /> amounts at the rate set forth in this Note; and (iv) consents to the personal jurisdiction of the state <br /> and federal courts located in the State of Minnesota in connection with any controversy related in <br /> any way to this Note or any security or guaranty for this Note, waives any argument that venue <br /> in such forums is not convenient, and agrees that any litigation initiated by the undersigned against <br /> the Lender or any other present or future holder of this Note relating in any way to this Note, the <br /> Security Agreement, or the Guaranty shall be venued in either the District Court of Sherburne <br /> County, Minnesota, or the United States District Court, District of Minnesota. <br /> Interest on any amount under this Note shall continue to accrue, at the option of <br /> any present or future holder of this Note, until such holder receives final payment of such amount <br /> in collected funds in form and substance acceptable to such holder. <br /> • No waiver of any right or remedy under this Note shall be valid unless in writing <br /> executed by the holder of this Note, and any such waiver shall be effective only in the specific <br /> instance and for the specific purpose given. All rights and remedies of all present and future <br /> holders of this Note shall be cumulative and may be exercised singly, concurrently or <br /> successively. This Note shall bind the undersigned and the heirs, representatives, successors and <br /> assigns of the undersigned. This Note shall be governed by and construed in accordance with the <br /> laws of the State of Minnesota. <br /> THE UNDERSIGNED REPRESENTS, CERTIFIES, WARRANTS AND <br /> AGREES THAT THE UNDERSIGNED HAS READ ALL OF THIS NOTE AND <br /> UNDERSTANDS ALL OF THE PROVISIONS OF THIS NOTE. THE UNDERSIGNED ALSO <br /> AGREES THAT COMPLIANCE BY ANY PRESENT OR FUTURE HOLDER OF THIS NOTE <br /> WITH THE EXPRESS PROVISIONS OF THIS NOTE SHALL CONSTITUTE GOOD FAITH <br /> AND SHALL BE CONSIDERED REASONABLE FOR ALL PURPOSES. <br /> BADGER DIE CASTING, LLC <br /> By <br /> Title <br /> • <br /> KeesK 995359.1 2. <br />
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