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<br />3 <br />529333v2 EL185-56 <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 /> <br /> <br />[Signature Page Follows]