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3 <br />491716v3 EL185-46 <br />The Borrower promises to pay all costs in connection with the enforcement of this Note, <br />including but not limited to, those costs, expenses and attorneys’ fees of Lender whether or not <br />suit is filed with respect thereto and whether or not such cost or expense is paid or incurred or to <br />be paid or incurred prior to or after the entry of judgment or for the pursuance of, or defense of, <br />any litigation, appellate, bankruptcy or insolvency proceeding. <br />Presentment, notice of dishonor and protest are hereby waived by all makers, sureties, <br />guarantors and endorsers hereof. This Note shall be binding upon the Borrower, its successors <br />and assigns. <br />The remedies of Lender, as provided herein and in the Loan Agreement and the Security <br />Documents, shall be cumulative and concurrent and may be pursued singly, successively or <br />together, at the sole discretion of Lender, and may be exercised as often as occasion therefor <br />shall occur; and the failure to exercise any such right or remedy shall in no event be construed as <br />a waiver or release thereof. <br />The Holder of this Note shall not be deemed, by any act of omission or commission, to <br />have waived any of its rights or remedies hereunder unless such waiver is in writing and signed <br />by the Holder and then only to the extent specifically set forth in the writing. A waiver with <br />reference to one event shall not be construed as continuing or as a bar to or waiver of any right or <br />remedy as to a subsequent event. This Note may not be amended, modified, or changed except <br />only by an instrument in writing signed by the party against whom enforcement of any such <br />amendment, modifications, or change is sought. <br />If any term of this Note, or the application thereof to any person or circumstances shall, <br />to any extent, be invalid or unenforceable, the remainder of this Note, or the application of such <br />term to persons or circumstances other than those to which it is invalid or unenforceable shall not <br />be affected thereby, and each term of this Note shall be valid and enforceable to the fullest extent <br />permitted by law. <br />Time is of the essence hereof. <br />This Note shall be governed by and be construed under the laws of the State of Minnesota, <br />without regard to principles of conflicts of law. <br />[Signature Page Follows] <br />Page 32 of 104