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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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6/14/1999
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hereunder. This guaranty is a primary obligation of the undersigned and the Lender shall not be <br /> required to first resort for payment of the Indebtedness to the Borrower or any other person, their <br /> properties or estates, or any security or other rights or remedies whatsoever. The undersigned shall <br /> be and remain liable for any deficiency remaining after foreclosure of any mortgage or security <br /> interest securing the Indebtedness, whether or not the liability of the Borrower or any other person <br /> for such deficiency is discharged pursuant to statute,judicial decision or otherwise. <br /> The liability of the undersigned under this guaranty is in addition to and shall be <br /> cumulative with all other liabilities of the undersigned to the Lender, as guarantor or otherwise, <br /> without any limitation as to amount, unless the writing evidencing or creating such other liability <br /> specifically provides to the contrary. If any payment applied by the Lender to the Indebtedness is <br /> thereafter set aside,recovered,rescinded or required to be returned for any reason(including without <br /> limitation the bankruptcy, insolvency or reorganization of the Borrower or any other person), the <br /> Indebtedness to which such payment was applied shall for the purposes of this guaranty be deemed <br /> to have continued in existence, notwithstanding such application, and this guaranty shall be <br /> enforceable as to such Indebtedness as fully as if such application had never been made. <br /> The undersigned waives: (1)notice of acceptance of this guaranty and of the creation <br /> and existence of the Indebtedness; (2) presentment, demand for payment, notice of dishonor, notice <br /> of nonpayment, and protest of any instrument evidencing the Indebtedness; and (3) all other demands <br /> and notices to the undersigned or any other person and all other actions to establish the liability of <br /> the undersigned hereunder. The undersigned consents to the personal jurisdiction of the state and <br /> . federal courts located in the State of Minnesota in connection with any controversy related to this <br /> guaranty, waives any argument that venue in such forums is not convenient, and agrees that any <br /> litigation initiated by the undersigned against the Lender in connection with this guaranty shall be <br /> venued in either the District Court of Sherburne County, Minnesota, or the United States District <br /> Court, District of Minnesota. <br /> The undersigned hereby agrees that the Lender shall have no duty to advise the <br /> undersigned of information now or hereafter known to the Lender regarding the financial or other <br /> condition of the Borrower or any other person primarily or secondarily liable on the Indebtedness or <br /> regarding any circumstance bearing on the risk of nonpayment of the Indebtedness. The undersigned <br /> acknowledges and agrees that the undersigned has conducted its own investigation of the business <br /> and affairs of the Borrower and any other person primarily or secondarily liable on the Indebtedness <br /> to its satisfaction, has not relied and will not rely on any information provided by the Lender in <br /> determining whether to enter into or continue this guaranty, and is and will continue to remain <br /> informed of the Borrower's financial condition, the status and financial condition of other guarantors, <br /> if any, and all other circumstances which bear upon the risk of nonpayment of the Indebtedness. <br /> All property of the undersigned, now or hereafter in the possession, control or custody <br /> of or in transit to the Lender for any purpose, including without limitation the balance of every <br /> account of the undersigned with and each claim of the undersigned against the Lender, shall be <br /> subject to a lien and security interest in favor of the Lender, as security for all liabilities of the <br /> 4111 <br /> KeesK 995388.1 2. <br />
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