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pursuance of, or defense of any litigation, appellate, bankruptcy or insolvency <br /> proceeding. <br /> Presentment, notice of dishonor and protest are hereby waived by all makers, <br /> sureties, guarantors and endorsers hereof: This note shall be binding upon Borrower, its <br /> successors and assigns. <br /> The remedies of Lender, as provided herein and in the Loan Agreement and the <br /> Security Agreement, shall be cumulative and concurrent and may be pursued singly, <br /> successively or together, at the sole discretion of Lender,and may be exercised as often <br /> as occasion therefor shall occur, and the failure to exercise any such right or remedy <br /> shall in no event he construed as 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 <br /> Minnesota, without regard to principles of conflicts of law. <br /> IN WITNESS V 'HEREOF, the undersigned has caused this note to be effective <br /> as of the day and year first above written. <br /> SPORTECH, <br /> a Minnesota corporation <br /> By: <br /> Chris Carlson <br /> Its President <br /> 74338v4 <br /> -3- <br />