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pursuant to the Uniform Commercial Code and/or other applicable laws <br /> of the State or Federal Government. <br /> C. Commence and prosecute an action to collect the debt from Borrower <br /> or any Guarantor, either or both of them. <br /> d. Exercise such additional or alternative remedies as are available to <br /> Lender under the terms of this Agreement, under any instrument or <br /> document executed in connection with this Agreement, or under <br /> applicable law. <br /> PART 8. MISCELLANEOUS PROVISIONS <br /> 8.1 Orianizational status and authority of Borrower. Borrower herein covenants that it is <br /> a corporation duly incorporated and existing and in good standing under the laws of the <br /> State of Minnesota and has the appropriate power and authority to own its property and <br /> carry on its business as it is being conducted at the time of this Agreement; Borrower has <br /> full power, authority, and proper authorization to enter into this Agreement and the loan <br /> and security and guaranty transactions attendant thereto <br /> 8.2 Organizational status and authority of Corporate Guarantors. Each Corporate <br /> Guarantor herein covenants that it is a corporation duly incorporated and existing and in <br /> good standing under the laws of the State of Minnesota and has the appropriate power and <br /> authority to own its property and carry on its business as it is being conducted at the time <br /> of this Agreement; each Corporate Guarantor has full power, authority, and proper <br /> authorization to enter into this Agreement and the loan and security and guaranty <br /> transactions attendant thereto. <br /> 8.2 No waiver. No delay or failure by Lender in the exercise of any right or remedy under this <br /> Agreement or under law shall constitute a waiver thereof, and no single or partial exercise <br /> by Lender of any right or remedy shall preclude other or further exercise thereof or the <br /> exercise of any other right or remedy. <br /> 8.3 Agreements upheld despite invalidity of any clause. If a court of competent jurisdiction <br /> determines any clause or provision of this Agreement to be invalid or void for any reason, <br /> such findings will not affect the validity and enforceability of the balance of this <br /> Agreement. <br /> 8.4 Collection costs and expenses. Borrower and each Guarantor agree to pay upon demand <br /> all of Lender's court costs and disbursements, including attorney's fees unless prohibited <br /> by law, and other expenses allowed by law or the court, incurred in connection with this <br /> Agreement and the enforcement thereof or in connection with the loan or the collection <br /> thereof. <br /> 8.5 Modifications in writing only. Any modification of this Agreement must be in writing <br /> and signed by Lender and Borrower. <br /> Page 6 of 9 <br /> 129662823v2 <br />