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7.2. EDSR 05-17-2021
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7.2. EDSR 05-17-2021
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2 <br />EL185\40\720999.v1 <br />or estates, or any security or other rights or remedies whatsoever. The Entity Guarantor shall be <br />and remain liable for any deficiency remaining after foreclosure of any mortgage or security <br />interest securing the Indebtedness, whether or not the liability of the Borrower or any other person <br />for such deficiency is discharged pursuant to statute, judicial decision or otherwise. <br /> <br />The liability of the Entity Guarantor under this guaranty is in addition to and shall be <br />cumulative with all other liabilities of the Entity Guarantor to the Lender, as guarantor or <br />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Indebtedness is thereafter set aside, recovered, rescinded or required to be returned for any reason <br />(including without limitation the bankruptcy, insolvency or reorganization of the Borrower or any <br />other person), the Indebtedness to which such payment was applied shall for the purposes of this <br />guaranty be deemed to have continued in existence, notwithstanding such application, and this <br />guaranty shall be enforceable as to such Indebtedness as fully as if such application had never been <br />made. <br /> <br />The Entity Guarantor waives: (1) notice of acceptance of this guaranty and of the creation <br />and 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 Entity Guarantor or any other person and all other actions to establish <br />the liability of the Entity Guarantor hereunder. The Entity Guarantor consents to the personal <br />jurisdiction of the state and federal courts located in the State of Minnesota in connection with any <br />controversy related to this guaranty, waives any argument that venue in such forums is not <br />convenient, and agrees that any litigation initiated by the Entity Guarantor against the Lender in <br />connection with this guaranty shall be venued in either the District Court of Sherburne County, <br />Minnesota, or the United States District Court, District of Minnesota. <br /> <br />All property of the Entity Guarantor, now or hereafter in the possession, control or custody <br />of or in transit to the Lender for any purpose, including without limitation the balance of every <br />account of the Entity Guarantor with and each claim of the Entity Guarantor against the Lender, <br />shall be subject to a lien and security interest in favor of the Lender, as security for all liabilities <br />of the Entity Guarantor to the Lender, and shall be subject to be set off against any and all such <br />liabilities, 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 />Entity Guarantor agrees to promptly provide the Lender from time to time with financial <br />statements of the Entity Guarantor, in form and substance acceptable to the Lender, at least once <br />every 12 months and as otherwise requested by the Lender. The Entity Guarantor agrees to <br />promptly provide the Lender from time to time with such other information respecting the <br />condition (financial and otherwise), business and property of the Entity Guarantor as the Lender <br />may request, in form and substance acceptable to the Lender. <br /> <br />The Entity Guarantor waives all claims, rights and remedies which the Entity Guarantor <br />may now have or hereafter acquire against any person at any time now or hereafter liable to <br />payment of any of the Indebtedness and as to any collateral security, including but not limited to <br />all claims, rights and remedies of contribution, indemnification, exoneration, reimbursement, <br />recourse and subrogation, whether or not such claim, right or remedy arises in equity, under
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