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8. The remedies of the Lender as provided herein or in any other instrument securing this Note shall be cumulative and concurrent and may be pursued singly, successively, or together, and, at the sole discretion of the Lender, may be exercised as often as occasion therefore shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 9. The Lender shall not be deemed, by any act or omission or commission, to have waived any of its rights o1 remedies hereunder unless such waiver is in writing and signed by the Lender and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bai to or waiver of any right or remedy as to a subsequent event. This Note may not be amended, modified or changed except only by an instrument in writing signed by the party against whom enforcement of any such amendment, modifications or change is sought. 10. If any term of this Note, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable the remainder of this Note, 01 the application of such term to persons or circumstances other than those to which it is invalid or unenforceable shall not be affected thereby, and each term of this Note shall be valid and enforceable to the fullest extent permitted by law. 11. If any event of default occurs, and if the Lender engages legal counsel or others in connection with advice to the Lender or the Lender's rights and remedies under this Note, the Borrower shall pay all reasonable expenses incurred by the Lender for such persons, irrespective of whether any suit or other proceeding has been filed or is filed or commenced. Any such expenses, costs and changes shall constitute additional principal, payable upon demand, and subject to this Note. 12. The performance or observance of any promise or condition set forth in this Note may be waived, amended or modified only by a. writing signed by the Borrower and the Lender. No delay in exercise of any power, light o1 remedy operates as a waiver thereof, nor shall any single or partial exercise of any other power, right or remedy. 13. Demand, protest and notice of demand and protest are hereby waived and the undersigned waives, to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. 14. This Note shall be governed by and construed in accordance with the laws of the State of Minnesota. Remainder of this page intentionally left blank.] 382878v1 JAE MU210-194 2