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2 <br />EL185\40\720991.v1 <br />or any other person, their properties or estates, or any security or other rights or remedies <br />whatsoever. The undersigned shall be and remain liable 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 in addition to and shall be cumulative <br />with all other liabilities of the undersigned to the Lender, as guarantor or otherwise, without any <br />limitation as to amount, unless the writing evidencing or creating such other liability specifically <br />provides to the contrary. If any payment applied by the Lender to the Indebtedness is thereafter set <br />aside, recovered, rescinded or required to be returned for any reason (including without limitation <br />the bankruptcy, insolvency or reorganization of the Borrower or any other person), the <br />Indebtedness to which such payment was applied shall for the purposes of this guaranty be deemed <br />to have continued in existence, notwithstanding such application, and this guaranty shall be <br />enforceable as to such Indebtedness as fully as if such application had never been made. <br /> <br />The undersigned waives: (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 of <br />nonpayment, and protest of any instrument evidencing the Indebtedness; and (3) all other demands <br />and notices to the undersigned or any other person and all other actions to establish the liability of <br />the undersigned hereunder. The undersigned consent to the personal jurisdiction of the state and <br />federal courts located in the State of Minnesota in connection with any controversy related to this <br />guaranty, waives any argument that venue in such forums is not convenient, and agree that any <br />litigation initiated by the undersigned against the Lender in connection with this guaranty shall be <br />venued in either the District Court of Sherburne County, Minnesota, or the United States District <br />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, and <br />the Lender may at any time and from time to time at its option and without notice appropriate and <br />apply any such property toward the payment of any and all such liabilities. The undersigned agree <br />to promptly provide the Lender from time to time with financial statements of the undersigned, in <br />form and substance acceptable to the Lender, at least once every 12 months and as otherwise <br />requested by the Lender. The undersigned agree to promptly provide the Lender from time to time <br />with such other information respecting the condition (financial and otherwise), business and <br />property of the undersigned as the Lender may request, in form and substance acceptable to the <br />Lender. <br /> <br />The undersigned waives 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 any <br />of the Indebtedness and as to any collateral security, including but not limited to all claims, rights <br />and remedies of contribution, indemnification, exoneration, reimbursement, recourse and <br />subrogation, whether or not such claim, right or remedy arises in equity, under contract, by statute,