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With a copy to: <br />To Buyer: <br />To Escrow Agent: <br />Fabyanske, Westra, Hart & Thomson, P.A. <br />800 LaSalle Avenue, Suite 1900 <br />Minneapolis, Minnesota 55402 <br />Attention: Judith E. Krow <br />Telephone: 612-359-7614 <br />Facsimile: 612-359-7602 <br />Email: ikrow@fwhtlaw.com <br />KONA Properties, LLC <br />1715 Yankee Doodle Rd #200 <br />Eagan Minnesota 55121 <br />Attention: Gary A. Gabrielson <br />Telephone: 612-670-1700 <br />Facsimile: 952-285-6508 <br />Email: garv@ninecreekassoc.com <br />Commercial Partners Title, LLC <br />200 South Sixth Street, Suite 1300 <br />Minneapolis, Minnesota 55402 <br />Attention: Jane Miller <br />Telephone: 612-337-2498 <br />Facsimile: <br />Email: janem@cptitle.com <br />Each of the above -listed addressees and notice parties may change its, his or her address and number for <br />notice purposes under this paragraph by delivering to the other addressees a written notice of change of <br />address and number in a manner specified in this paragraph for delivery of notices; provided however, no <br />such change of address or number shall be effective against another addressee until written notice of such <br />change is actually received by such addressee. Attorneys for either party may give notices and other <br />communications as provided herein for the party such attorney represents. <br />8. This Agreement shall be binding upon and inure to the benefit of the parties hereto and <br />their respective successors and permitted assigns under the Purchase Agreement. <br />9. This Agreement shall be governed by and construed in accordance with the laws of the <br />State of Minnesota. In the event that any provision hereof shall be deemed illegal or unenforceable, said <br />provision shall be severed herefrom and the remainder of this Agreement shall be enforced in accordance <br />with the intentions of the parties as herein expressed. <br />10. This Agreement may not be amended or altered except by an instrument in writing <br />executed by all the parties hereto. <br />11. If any party shall bring suit against the other to enforce the terms of this Agreement, the <br />losing party shall pay to the prevailing party the prevailing party's costs and expenses (including, without <br />limitation, reasonable attorneys' fees and costs) incurred in enforcing this Agreement. <br />84959-004\1553027_4.doc B-3 <br />