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7.2. EDSR 10-17-2022
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7.2. EDSR 10-17-2022
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resort for payment of the Indebtedness to the Borrower or any other person, its properties or <br />estates, or any security or other rights or remedies whatsoever. The undersigned shall be and <br />remain liable for any deficiency remaining after foreclosure of any mortgage or security interest <br />securing the Indebtedness, whether or not the liability of the Borrower or any other person for <br />such deficiency is discharged pursuant to statute, judicial decision or otherwise. <br />The liability of the undersigned under this guaranty is in addition to and shall be <br />cumulative with all other liabilities of the undersigned to the Lender, as guarantor or otherwise, <br />without any limitation as to amount, unless the writing evidencing or creating such other liability <br />specifically provides to the contrary. If any payment applied by the Lender to the Indebtedness is <br />thereafter set aside, recovered, rescinded or required to be returned for any reason (including <br />without limitation the bankruptcy, insolvency or reorganization of the Borrower or any other <br />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 <br />been made. <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 <br />of nonpayment, and protest of any instrument evidencing the Indebtedness; and (3) all other <br />demands and notices to the undersigned or any other person and all other actions to establish the <br />liability of the undersigned hereunder. The undersigned consents to the personal jurisdiction of <br />the state and federal courts located in the State of Minnesota in connection with any controversy <br />related to this guaranty, waives any argument that venue in such forums is not convenient, and <br />agrees that any litigation initiated by the undersigned against the Lender in connection with this <br />guaranty shall be venued in either the District Court of Sherburne County, Minnesota, or the <br />United States District Court, District of Minnesota. <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, <br />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 />undersigned agrees to promptly provide the Lender from time to time with financial statements <br />of the undersigned, in form and substance acceptable to the Lender, at least once every 12 <br />months and as otherwise requested by the Lender. The undersigned agrees to promptly provide <br />the Lender from time to time with such other information respecting the condition (financial and <br />otherwise), business and property of the undersigned as the Lender may request, in form and <br />substance acceptable to the Lender. <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 <br />any of the Indebtedness and as to any collateral security, including but not limited to all claims, <br />rights and remedies of contribution, indemnification, exoneration, reimbursement, recourse and <br />529331A EL185-56 <br />
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