CUSTOMER ACCOUNT AGREEMENT
<br />In consideration of your opening or continuing securities accounts for me,
<br />I agree to the following with respect to any of my accounts with you.
<br />Throughout this agreement, "1" or "me" refer to the person signing this
<br />agreement and all others who are legally obligated on this account. "You"
<br />and 'your refer to Miller, Johnson & Kuehn, Inc. ( "MJK ").
<br />1. Provisions in the Event of Failure to Pay or Deliver. If I do not pay
<br />in full for any security purchased for my account by the time set forth on
<br />the confirmation with respect to such transaction, you may, without prior
<br />demand or notice, sell, pledge, repledge, hypothecate or rehypothecate
<br />securities or other property held by you in any of my accounts and any
<br />loss resulting therefrom will be charged to my account. In case of non-
<br />delivery of a security by the time set forth on the confirmation with respect
<br />to such transaction, you are authorized to purchase the security to cover
<br />my position and charge any losses, commissions and fees to my account.
<br />Your failure to take any of the actions authorized by me in this paragraph
<br />shall not prevent you from taking such action at a later date with respect
<br />to the same transactions nor shall such failure prevent you from strictly
<br />enforcing the provisions of this paragraph in connection with any other
<br />transactions.
<br />2. Cancellation Provisions. You are authorized, in your discretion,
<br />should I die or should you for any reason whatever deem it necessary for
<br />your protection, without notice, to cancel any outstanding orders in order
<br />to close out my account, in whole or in part, or to close out any commit-
<br />ment made on my behalf.
<br />3. General Provisions. Any sale, purchase or cancellation authorized
<br />by this agreement may be made according to your judgment and at your
<br />discretion on the exchange or other market where such business is then
<br />usually transacted, or at public auction, or at private sale without adver-
<br />tising the same and without any notice, prior tender, demand or call; and
<br />you may repurchase the whole or any part of such securities, and 1 shall
<br />remain liable for any deficiency. I further understand that any notice, prior
<br />tender, demand or call from you shall not be considered a waiver of any
<br />provision of this agreement.
<br />4. Jurisdiction. The laws of the State of Minnesota shall govern this
<br />agreement, its enforcement and interpretation and its provisions shall be
<br />continuous. This agreement is for your benefit and for the benefit of any
<br />successor organization of yours or your assigns, and shall be binding
<br />upon me and my estate, executors, administrators and assigns.
<br />5. Representations. I represent that I am of legal age. I further repre-
<br />sent that I am not an employee of any exchange or of a member firm of
<br />any exchange or of a member of the National Association of Securitles --
<br />Dealers, Inc. ( "NASD "), or of a bank, trust company, or insurance com-
<br />pany unless I have notified you to that effect. If I become so employed, I
<br />agree to notify you promptly.
<br />6. Customer Information. 1 have reviewed a copy of the Customer
<br />Account Card, which was prepared by you based on information given by
<br />me. The information contained on my customer account card is correct
<br />and complete as of the date hereof. If such information becomes inaccu-
<br />rate or if my investment objectives change, I will promptly advise you.
<br />7. Interest in Account. No one except me has an interest in any
<br />account with you unless such interest is revealed in the title of such
<br />account and in any such case I have the interest indicated in such title.
<br />8. Oral Authorizations. I agree that you shall incur no liability in act-
<br />ing upon oral instructions given to you concerning my accounts, provided
<br />such instructions reasonably appear to be genuine.
<br />9. Accuracy of Reports; Communications. Confirmation of orders
<br />and statements of my accounts shall be conclusive if not objected to in
<br />writing within ten days after mailing to me. Communications may be sent
<br />to me at the address specified in this agreement or at such other address
<br />as I may hereafter give to you in writing. All communications so sent shall
<br />be deemed to have been personally delivered to me, whether actually
<br />received or not.
<br />10. Payment for Order Flow. The firm receives remuneration for direct-
<br />ing orders to a particular broker or dealer through which your transaction
<br />is executed. Such remuneration is considered compensation to us and
<br />the source and amount of any compensation will be disclosed upon writ-
<br />ten request. Remuneration received, if any, does not affect the price
<br />reported to our clients. For transactions in collateralized mortgage oblig-
<br />ations ( "CMOs "), yields are subject to fluctuation depending on the speed
<br />in which the underlying note or receivable prepays. Specific information
<br />is available upon written request.
<br />11. Customer Agrees to Arbitration.
<br />• Arbitration is final and binding on the parties.
<br />• The parties are waiving their right to seek remedies in the
<br />court, Including the right to a jury trial.
<br />♦ Pre - arbitration discovery is generally more limited than and
<br />different from court proceedings.
<br />• saga � %♦ The arbitrators' award is not required to incl a factual findings or
<br />legal reasoning and any party's right to appear or to seek modifi-
<br />cation of rulings by the arbitrators is strictly limited.
<br />♦ The panel of arbitrators will typically include a minority of arbitra-
<br />tors who were or are affiliated with the securities industry.
<br />I agree to arbitrate any disputes between MJK and me. I specifical-
<br />ly agree and recognize that all controversies which may arise between
<br />MJK, its agents, representatives or employees and me, concerning any
<br />transaction, account, or the construction, performance or breach of this
<br />or any other agreement between us, whether entered into prior, on, or
<br />subsequent to the date hereof, shall be determined by arbitration to the
<br />full extent provided by law. Such arbitration shall be in accordance with
<br />the rules then in effect of the NASD. Judgment upon any award rendered
<br />by the arbitrators may be entered in any court having jurisdiction thereof.
<br />No person shall bring a putative or certified class action in arbitration, nor
<br />seek to enforce any pre- dispute arbitration agreement against any person
<br />who has initiated in court a putative class action; or who is a member of
<br />a putative class who has not opted out of the class with respect to any
<br />claims encompassed by the putative class action, until: (i) the class cer-
<br />tification is denied; or (ii) the class is decertified; or (iii) the customer is
<br />excluded from the class by the court. Such forbearance to enforce an
<br />agreement to arbitrate shall not constitute a waiver of any rights under
<br />this agreement except to the extent stated herein.
<br />12. No Oral Modification: Affect on Prior Agreements. No modifica-
<br />tion of this agreement shall be effective unless in writing and executed by
<br />you and me. This agreement is not subject to any oral modification; the
<br />signing of this agreement supersedes any prior Customer's Agreement
<br />made with you or any of your predecessors. To the extent this agreement
<br />is inconsistent with any other agreement governing my account, the pro-
<br />visions of this agreement shall govern.
<br />Date: X
<br />NOTICE: By signing this agreement, I acknowledge receipt of a copy of
<br />this agreement. I UNDERSTANDTHATTHIS AGREEMENT CONTAINS A
<br />PRE - DISPUTE ARBITRATION CLAUSE AT PARAGRAPH 11 ABOVE.
<br />Signature of Customer
<br />X
<br />Joint Signature
<br />W -9 FORM
<br />Request for Taxpayer Identification Number and Certification
<br />❑ SS# or TAXPAYER I.D. NUMBER — My correct taxpayer identifica-
<br />tion number is:
<br />x `f/ -0973 960
<br />❑ APPLIED -FOR TAXPAYER I.D. NUMBER — A taxpayer identifica-
<br />tion number has not been issued to me, and I mailed or delivered an
<br />application to receive a taxpayer identification number to the appro-
<br />priate Internal Revenue Service Center or Social Security
<br />Administration Office (or I intend to mail or deliver an application in
<br />the near future). I understand that if I do not provide a taxpayer iden-
<br />tification number to you within 60 days, you are required to withhold
<br />20% of all reportable payments thereafter made to me until I provide
<br />a number.
<br />❑ EXEMPT RECIPIENTS — I am an exempt recipient under the
<br />Internal Revenue Service Regulations.
<br />❑ BACKUP WITHHOLDING — I am not subject to backup withholding
<br />either because I have not been notified that I am subject to backup
<br />withholding as a result of a failure to report all interest or dividends,
<br />or the Internal Revenue Service has notified me that I am no longer
<br />subject to backup withholding.
<br />❑ NONRESIDENT ALIENS — I am not a United States person, or if I
<br />am an individual, I am neither a citizen nor a resident of the United
<br />States.
<br />By signing below I certify under penalties of perjury the state-
<br />ments checked on this form.
<br />X
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