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200303169 any conflict between the terms and provisions of this Amendment and the terms and provisions of the Existing Note, the terms and provisions of this Amendment shall prevail. All of Maker's obligations under the Existing Note and the Note shall remain and be secured by the Deed of Trust. 2. Estoppel. Maker hereby certifies to Holder effective as of the date of this Amendment that (a) the Note is unmodified (except as set forth herein) and in full force and effect, (b) Maker has no existing defenses against the enforcement of any of its obligations under the Note or any of the Loan Documents, and (c) there are no uncured defaults on the part of Holder under the Note or any of the Loan Documents. Maker acknowledges and agrees that Holder is relying upon the accuracy of the foregoing certifications in entering into this Amendment. 3. Ratification. Except as modified in this Amendment, the Note and the other Loan Documents remain in full force and effect. 4. Due Execution; Counterparts. Each individual executing this Amendment directly or indirectly on behalf of Holder or Maker hereby represents and warrants to the other party that such individual has full power and authority to execute this Amendment on behalf of its respective entity and that such execution is binding thereon. This Amendment may be executed in counterparts, all of which shall be deemed one and the same instrument and all of the signature pages of which may be attached to a single counterpart hereof for any purpose. 5. Entire Agreement; Subsequent Amendment. This Amendment constitutes the full and complete agreement and understanding between the parties hereto regarding, and shall supersede all prior written and oral agreements concerning, the subject matter hereof. Each of the Note and this Amendment may be modified or amended only in accordance with the provisions of the Note. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first set forth above. ACL COMPANY, LLC, a Minnesota limited liability company By: trw�B' Its: Sccsciary r!-e (Keg-;L4 LENDER: AG CAPITAL COMPANY, a Delaware corporation By: Its: Vice President 9343414.04