4.10 SR 12-21-2020 - Laserfiche WebLink

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payments and recoveries under this guaranty shall be considered equity investments by the undersigned in the Borrower; provided, nothing contained in this guaranty shall deprive the undersigned of any claim, right or remedy, after the Indebtedness has been fully paid, against any person other than the Borrower. No delay or failure by the Lender in exercising any right, and no partial or single exercise thereof shall constitute a waiver thereof. No waiver of any rights hereunder, and no modification or amendment of this guaranty shall be effective unless the same is in writing duly executed by the Lender, and each such waiver, if any, shall apply only with respect to the specific instance involved and shall not impair or affect the rights of the Lender or the provisions of this guaranty in any other respect at any other time. This guaranty shall continue until written notice of revocation of this guaranty, executed by the undersigned, has been received by the Lender; provided, no revocation of this guaranty shall affect in any manner any liability of the undersigned under this guaranty with respect to Indebtedness arising before the Lender receives such written notice of revocation, and the sole effect of revocation of this guaranty shall be to exclude from this guaranty Indebtedness thereafter arising which is unconnected with Indebtedness theretofore arising or transactions theretofore entered into. Any invalidity or unenforceability of any provision or application of this guaranty shall not affect other lawful provisions and applications hereof and to this end the provisions of this guaranty are declared to be severable. This guaranty shall bind the undersigned and the representatives, successors and assigns of the undersigned, and of each of them respectively, and shall benefit the Lender, its successors and assigns. This guaranty shall be governed by and construed in accordance with the laws of the State of Minnesota. This Amended and Restated Entity Guaranty amends and restates the Entity Guaranty, dated August 6, 2015, by the undersigned in favor of the Lender. The undersigned is the occupant of the real property legally described as Lot 1, Block 2, Natures Edge Business Center, Sherburne County, Minnesota (the "Property"). The Borrower acquired the Property in 2015 with the proceeds of the Indebtedness and will continue to lease it to the undersigned pursuant to a certain lease agreement (the "Lease"). Borrower and the undersigned are under common ownership. The undersigned acknowledges and agrees that the Indebtedness was utilized by Borrower to finance the cost of improvements to the Property, and such improvements support the undersigned's ability to fulfill its obligations under the Lease and, therefore, the undersigned's obligations under this Guaranty are proper, valid and enforceable. This Guaranty has been approved by unanimous consent of the board of governors of the undersigned. 3 LL185\33\693024.d2