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and writings between Borrower and Lender are expressly reaffirmed and incorporated herein by <br /> this reference, and shall remain in full force and effect and continue to govern and control the <br /> relationship between the parties hereto except to the extent they are inconsistent with, amended <br /> or superseded by this Agreement. To the extent of any inconsistency, amendment or superseding <br /> provision,this Agreement shall govern and control. <br /> 9. Notices. All notices or demands hereunder to parties hereto shall be sufficient if made in writing <br /> and sent to the parties at their respective addresses set forth below: <br /> If to Lender: Center for Energy and <br /> Environment Attn: Loan Servicing <br /> Department 212 31d Avenue North, <br /> Suite 560 <br /> Minneapolis,MN 55401 <br /> If to Borrower: Matthew R. Hicks and Carol M. <br /> Hicks 1205 4th Street NW <br /> Elk River,MN 55330 <br /> 10. Amendments. This Agreement may not be amended or modified except in a writing signed by <br /> Lender and Borrower. <br /> 11. Indulgence;Modifications. No delay or failure of Lender to exercise any right,power or <br /> privilege hereunder shall affect such right,power or privilege,nor shall any single or partial <br /> exercise thereof preclude any further exercise thereof,nor the exercise of any other right,power <br /> or privilege. The rights of Lender hereunder are cumulative and are not exclusive of any rights or <br /> remedies which Lender would otherwise have except as modified herein.No amendment, <br /> modification, supplement,termination,consent or waiver of or to any provision of this <br /> Agreement or the Loan Documents,nor any consent or departure therefrom, shall in any event be <br /> effective unless the same shall be in writing and signed by or on behalf ofLender. <br /> 12. Governing Law. This Agreement is made in the state of Minnesota and the validity of this <br /> Agreement, and any documents incorporated herein or executed in connection herewith, <br /> including the Loan Documents, and the construction,interpretation and enforcement thereof, and <br /> the rights of the parties thereto shall be determined under, governed by and construed in <br /> accordance with the laws of the state of Minnesota. <br /> 13. Counterparts. This Agreement may be executed in counterparts and each counterpart,when so <br /> executed and delivered, shall be deemed to be an original and all counterparts,taken together, <br /> shall constitute one and the same agreement. <br /> 14. Entire Agreement. This Agreement, and any agreements, documents and instruments executed <br /> and delivered pursuant hereto or in connection herewith, or incorporated herein by reference, <br /> contains the entire agreement of the parties hereto and no party shall be bound by anything not <br /> expressed in writing. <br /> 15. Severability. If any part,term or provision of this Agreement is held by a court of competent <br /> jurisdiction to be illegal,unenforceable or in conflict with any law of the state of Minnesota, <br /> federal law or any other applicable law,the validity and enforceability of the remaining portions <br /> Amendment to Mortgage - 4 - <br />