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73850847v2 <br /> <br /> <br />[Exhibit D to TIF Loan Agreement] <br /> <br />If to Lender: City of Little Canada <br />515 Little Canada Road East <br />Little Canada, MN 55117 <br />Attention: City Administrator <br />E-mail: chris.heineman@littlecanadamn.org <br /> <br />with a copy to: Taft Stettinius & Hollister LLP <br />2200 IDS Center <br />80 South Eighth Street <br />Minneapolis, MN 55402 <br />Phone: (612) 977-8400 <br />Attn: Mary L. Ippel <br />or to such other address as any such party shall hereafter furnish to the other party in writing. <br />Any notice required herein shall be personally served or provided by certified mail, <br />return receipt requested. <br />11. This Guaranty and every party thereof shall be binding upon the Guarantor and its <br />heirs, legal representatives, successors and assigns and shall inure to the benefit of the Lender and <br />its successors and assigns. <br />12. This Guaranty constitutes the entire agreement and supersedes all prior agreements <br />and understandings, both written and oral, between the parties with respect to the subject matter <br />hereof and may be executed simultaneously in several counterparts, each of which shall be deemed <br />an original, and all of which together shall constitute the one and the same instrument. <br />13. The invalidity or unenforceability of any one or more phrases, sentences, clauses <br />or paragraphs in the Guaranty shall not affect the validity or enforceability of the remaining <br />portions of this Guaranty, or any part thereof. This Guaranty shall be governed by the laws of the <br />State of Minnesota. <br />IN WITNESS WHEREOF, the Guarantor has caused this Guaranty to be duly <br />executed as of the date and year first written above. <br /> <br />NICHOLAS WALTON, an individual <br /> <br />______________________________________ <br /> <br /> <br />