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<br />concurrent and may be pursued singly, successively or together, <br />at the sole discretion of the Lender, and may be exercised as <br />often as occasion therefor shall occur; and the failure to <br />exercise any such right or remedy shall in no event be <br />construed as a waiver or release thereof. <br /> <br />15. The Lender shall not be deemed, by any act of <br />omission or commission, to have waived any of its rights or <br />remedies hereunder unless such waiver is in writing and signed <br />by the Lender and, then only to the extent specifically set <br />forth in the writing. A waiver with reference to one event <br />shall not be construed as continuing or as a bar to or waiver <br />of any right or remedy as to a subsequent event. <br /> <br />16. This Note has been issued without registration <br />under state or federal or other securities laws, pursuant to an <br />exemption for such issuance; and accordingly the Note may not <br />be assigned or transferred in whole or part, nor may a <br />participation interest in the Note be given pursuant to any <br />participation agreement, except in accordance with an <br />applicable exemption from such registration requirements and <br />subject to Section 7.12 of the Loan Agreement. <br /> <br />IT IS HEREBY CERTIFIED AND RECITED that all <br />conditions, acts and things required to exist, happen and be <br />performed precedent to or in the issuance of this Note do <br />exist, have happened and have been performed in regular and due <br />form as required by law. <br /> <br />IN WITNESS WHEREOF, the City has caused this Note to <br />be duly executed in its name by the manual signatures of the <br />Mayor and City Manager and has caused the corporate seal to be <br />affixed hereto, and has caused this Note to be dated October <br />, 1984. <br /> <br />CITY OF ROSEVILLE, MINNESOTA <br /> <br />Mayor <br /> <br />Attest: <br />City Manager <br /> <br />(SEAL) <br /> <br />12 <br />