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SECTION 8. MISCELLANEOUS <br />Except as stated in this paragraph, this Participation Agreement constitutes the entire <br />agreement between Lender and Participant and can be changed only by a writing signed by <br />both parties and shall bind and benefit Lender and Participant and their respective successors <br />and assigns. The failure or delay by the Lender to exercise any right hereunder shall not <br />constitute a waiver thereof or bar Lender from exercising any of its right at any time. The <br />validity, interpretation and enforcement of this Participation Agreement, shall be governed <br />by the laws of the State of Minnesota. This Agreement shall be subject to and shall be <br />interpreted in accordance with the terms of the Plan. <br />LENDER: PARTICIPANT: <br />By: By: <br />Its: Its: <br />- 2 0 - <br />