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Documents"). All of the terms and conditions contained in the Security Documents which are to <br /> be kept and performed by Borrower are hereby made a part of this Note to the same extent and <br /> with the same force and effect as if they were fully set forth herein; and Borrower covenants and <br /> agrees to keep and perform them, or cause them to be kept and performed, strictly in accordance <br /> with their terms. <br /> All sums payable to the Lender under this Note shall be paid in immediately available <br /> funds. <br /> The Borrower promises to pay all costs in connection with the enforcement of this Note, <br /> including but not limited to, those costs, expenses and attorneys' fees of Lender whether or not <br /> suit is filed with respect thereto and whether or not such cost or expense is paid or incurred or to <br /> be paid or incurred prior to or after the entry of judgment or for the pursuance of, or defense of, <br /> any litigation, appellate,bankruptcy or insolvency proceeding. <br /> Presentment, notice of dishonor and protest are hereby waived by all makers, sureties, <br /> guarantors and endorsers hereof. This Note shall be binding upon Borrower, its successors and <br /> assigns. <br /> The remedies of Lender, as provided herein and in the Loan Agreement and the Security <br /> Documents, shall be cumulative and concurrent and may be pursued singly, successively or <br /> together, at the sole discretion of Lender, and may be exercised as often as occasion therefor <br /> shall occur; and the failure to exercise any such right or remedy shall in no event be construed as <br /> a waiver or release thereof. <br /> Time is of the essence hereof. <br /> This Note shall be governed by and be construed under the laws of the State of Minnesota, <br /> without regard to principles of conflicts of law. <br /> [Signature Page Follows] <br /> 2 <br /> 477376v2 EL185-40 <br />