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in no event shall such interest and other consideration be in excess of such limit. If any payments of interest or other consideration have been made to Creditor in excess of such limits, such excess amount shall be applied to the principal balance or, if the Note has been fully paid, refunded to Debtor. This provision shall control every other provision of all agreements between Debtor and Creditor and shall also be binding upon and available to any subsequent holder of this Note. 5. Debtor agrees that if, and as often as, this Note is given to an attorney for collection or defend or enforce any of Creditor's rights hereunder, Debtor will pay to Creditor Creditor's reasonable attorneys' fees, together with all court costs and other expenses paid by Creditor. 6. This Note is secured by, among other things, that certain Mortgage dated on or about the date hereof made by Debtor for the benefit of Creditor encumbering certain real property owned by Debtor in Anoka County, Minnesota and more particularly described in said Mortgage (the "Mortgage "). The full payment and prompt performance of this Note and all of the indebtedness evidenced hereby is unconditionally guaranteed by Brian R. Winges ( "Guarantor ") pursuant to a Guaranty dated on or about the date hereof (as the same may be hereafter amended, supplemented or restated from time to time, the "Guaranty "). For purposes of this Note, "Transaction Documents" means collectively, this Note, the Mortgage, the Guaranty and all other documents, instruments, certificates, statements and agreements now or hereafter delivered that evidence or secure, in whole or in part, any obligations of Debtor to Creditor, or otherwise relate to such indebtedness or relate to any of the agreements enumerated above, in each case, as amended, restated, supplemented, renewed, replaced or otherwise modified from time to time. 7. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Note: 4489181v2 02/15/12 (a) Debtor shall fail to make when due, whether by acceleration or otherwise, any payment of principal of or interest on this Note or any fee or other amount required to be paid to the Creditor hereunder, or under any other Transactional Documents; (b) The occurrence of an event of default (however denominated) under any Transaction Documents; (c) Any non - compliance by Debtor with any of the terms, provisions, covenants or agreements set forth herein, or in any other Transaction Documents to which it is a party; (d) Any representation or warranty of Debtor herein or in any other Transaction Document, when made or deemed made, is false, misleading or incorrect in any respect; (e) The insolvency of Debtor or Guarantor; (0 (i) the appointment of a receiver for any part of the property of Debtor or Guarantor, (ii) the making by Debtor or Guarantor of an assignment for the benefit of creditors or (iii) the initiation by or against Debtor or Guarantor of any case or proceeding under the Federal Bankruptcy Code or any other state or federal insolvency law; (g) an event of default occurs under the terms of any indebtedness of Debtor or Guarantor to any creditor other than Creditor; (h) the entry of any judgment or other order for the payment of money in the amount of $50,000 or more against Debtor or Guarantor; 2