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collection of the indebtedness evidenced by Lender Note or any part thereof; (d) exercise or refrain <br />from exercising any right against Borrower or others (including, but not limited to, Creditor); and <br />(e) apply any such sums received by Lender, by whomsoever paid and however realized, to the <br />indebtedness evidenced by Lender Note in such manner as Lender shall deem appropriate. <br />6. No Waiver. No waiver shall be deemed to be made by Lender of any of its rights <br />hereunder unless the same shall be in writing signed on behalf of Lender, and each such waiver, if <br />any, shall be a waiver only with respect to the specific matter of matters to which the waiver relates <br />and shall in no way impair the rights of Lender or the obligations of Creditor to Lender in any <br />other respect at any other time. <br />7. Binding A eement. This Agreement and every part hereof shall be binding upon <br />Creditor and upon Creditor and upon the heirs, legal representatives,, successors and assigns of <br />Creditor from and after the date of its execution and delivery to Lender irrespective of whether <br />this or any similar agreement is executed by any other creditor of Borrower. <br />8. Governing Law. This Agreement is made and is to be construed under the laws of <br />the State of Minnesota. The unenforceability or invalidity of any provision or provisions of this <br />Agreement as to persons or circumstances shall not render that provision or those provisions <br />unenforceable or invalid as to any other persons or circumstances, and all provisions, in all other <br />respects, shall remain valid and enforceable. <br />9. Counted}arts. This Agreement may be signed in multiple counterparts, each of <br />which shall be an original and facsimile signatures shall be treated as originals. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day <br />and year first above written. <br />THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK AND THE <br />FOLLOWING PAGES ARE THE SIGNATURE AND NOTARY PAGES <br />AND EXHIBIT "A". <br />3 <br />