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7.1. EDSR 09-16-2019
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7.1. EDSR 09-16-2019
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9/13/2019 9:25:14 AM
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<br />2 <br />456470v2 EL185-30 <br />not be required to first resort for payment of the Indebtedness to the Borrower or any other <br />person, their properties or estates, or any security or other rights or remedies whatsoever. The <br />undersigned shall be and remain liable, jointly and severally, for any deficiency remaining after <br />foreclosure of any mortgage or security interest securing the Indebtedness, whether or not the <br />liability of the Borrower or any other person for such deficiency is discharged pursuant to statute, <br />judicial decision or otherwise. <br /> <br />The liability of the undersigned under this guaranty is joint and several and is in addition <br />to and shall be cumulative with all other liabilities of the undersigned to the Lender, as guarantor <br />or otherwise, without any limitation as to amount, unless the writing evidencing or creating such <br />other liability specifically provides to the contrary. If any payment applied by the Lender to the <br />Indebtedness is thereafter set aside, recovered, rescinded or required to be returned for any <br />reason (including without limitation the bankruptcy, insolvency or reorganization of the <br />Borrower or any other person), the Indebtedness to which such payment was applied shall for the <br />purposes of this guaranty be deemed to have continued in existence, notwithstanding such <br />application, and this guaranty shall be enforceable as to such Indebtedness as fully as if such <br />application had never been made. <br /> <br />The undersigned waive: (1) notice of acceptance of this guaranty and of the creation and <br />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 <br />demands and notices to the undersigned or any other person and all other actions to establish the <br />liability of the undersigned hereunder. The undersigned consent to the personal jurisdiction of <br />the state and federal courts located in the State of Minnesota in connection with any controversy <br />related to this guaranty, waive any argument that venue in such forums is not convenient, and <br />agree that any litigation initiated by the undersigned against the Lender in connection with this <br />guaranty shall be venued in either the District Court of Sherburne County, Minnesota, or the <br />United States District Court, District of Minnesota. <br /> <br />All property of the undersigned, now or hereafter in the possession, control or custody of <br />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 />undersigned to the Lender, and shall be subject to be set off against any and all such liabilities, <br />and the Lender may at any time and from time to time at its option and without notice <br />appropriate and apply any such property toward the payment of any and all such liabilities. The <br />undersigned agree to promptly provide the Lender from time to time with financial statements of <br />the undersigned, in form and substance acceptable to the Lender, at least once every 12 months <br />and as otherwise requested by the Lender. The undersigned agree to promptly provide the <br />Lender from time to time with such other information respecting the condition (financial and <br />otherwise), business and property of the undersigned as the Lender may request, in form and <br />substance acceptable to the Lender. <br /> <br />The undersigned waive all claims, rights and remedies which the undersigned may now <br />have or hereafter acquire against any person at any time now or hereafter liable to payment of <br />any of the Indebtedness and as to any collateral security, including but not limited to all claims,
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