CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, OF COPIES OF SUCH PROCESS TO BORROWER'S ADDRESS STATED
IN THE PREAMBLE HERETO AND ADDRESSED TO BORROWER'S PRESIDENT BY TITLE.
BORROWER
AGREES THAT JUDGMENT FINAL BY APPEAL, OR EXPIRATION OF TIME TO APPEAL WITHOUT AN
APPEAL BEING TAKEN, IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY
BE ENFORCED IN ANY OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER
MANNER PROVIDED BY LAW.
NOTHING IN THIS PARAGRAPH SHALL AFFECT THE RIGHT OF
LENDER TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE
RIGHT OF LENDER TO BRING ANY ACTION OR PROCEEDING AGAINST BORROWER OR ITS
PROPERTY IN THE COURTS OF ANY OTHER JURISDICTION.
BORROWER AGREES THAT, IF IT
BRINGS ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, IT
SHALL BRING SUCH ACTION OR PROCEEDING IN HENNEPIN COUNTY OR RAMSEY COUNTY,
MINNESOTA.
27.
EFFECT ON ORIGINAL AGREEMENT.
ON THE CLOSING DATE, THE ORIGINAL
AGREEMENT SHALL BE COMPLETELY AMENDED AND RESTATED BY THIS AGREEMENT, AND EACH
REFERENCE TO THE "CREDIT AGREEMENT," "LOAN AGREEMENT," "THEREIN," "THEREOF,"
"THEREBY," OR WORDS OF LIKE IMPORT REFERRING TO THE ORIGINAL AGREEMENT IN ANY
LOAN DOCUMENT SHALL MEAN AND BE REFERENCE TO THE ORIGINAL AGREEMENT AS AMENDED
AND RESTATED BY THIS AGREEMENT AND THE $ - 0 - AGGREGATE PRINCIPAL BALANCE OF
THE "ADVANCES" MADE THEREUNDER WHICH ARE OUTSTANDING ON THE EFFECTIVE DATE SHALL
BE DEEMED TO
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BE ADVANCES MADE HEREUNDER AND THE EXISTING LETTERS OF CREDIT SHALL BE DEEMED TO
HAVE BEEN ISSUED PURSUANT HERETO.
WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
LENDER:
BREMER BANK, NATIONAL ASSOCIATION
By /s/ Laura Helmueller
Its Vice President
BORROWER:
CANTERBURY PARK HOLDING CORPORATION
By /s/ Randall D. Sampson
Its President
32