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Beaudry, and that certain Entity Guaranty made by Beaudry Oil and Service, Inc., all of which <br />are made to Lender of even date herewith (collectively, the "Security Documents "). All of the <br />terms and conditions contained in the Security Documents which are to be kept and performed <br />by Borrower are hereby made a part of this Note to the same extent and with the same force and <br />effect as if they were fully set forth herein; and Borrower covenants and agrees to keep and <br />perform them, or cause them to be kept and performed, strictly in accordance 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 />498722v1 EL185 -51 <br />