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20]204855 <br />10. Renewal and Extension: <br />It is the intention of the parties that all liens and security interests described in the Loan <br />Documents are hereby renewed and extended until the Modified Principal Balance and <br />other obligations to Lender, have been fully paid. The Borrower and Lender <br />acknowledge and agree that the extension, amendment, modification or rearrangement <br />effected by this Agreement shall in no manner affect or impair the Note or the liens and <br />security interests securing same, the purposes of this Agreement being simply to extend, <br />modify, amend or rearrange the time and manner of payment of the Loan Documents <br />and the indebtedness evidenced thereby, and to carry forward all liens and security <br />interests securing the Loan Documents (including, if applicable, any and all vendor's <br />liens securing the Loan Documents), which are expressly acknowledged by Borrower to <br />be valid and subsisting, and in full force and effect to fully secure the payment of the <br />Note. Borrower hereby expressly waives the benefit of any and all statutes of limitations <br />which might otherwise inure to Borrower's benefit, or be in any way applicable to <br />Borrower's obligations under the terms of any and all instruments described herein. <br />Borrower further expressly waives any right of set-off or counterclaim, or any defense to <br />the obligations of the Note or Security Instrument. <br />11. No Waiver of Lender's Rights Regarding Default: <br />All the rights and remedies, stipulations, and conditions contained in the Loan <br />Documents relating to default in the making of payments under the Loan Documents <br />shall also apply to default in the making of the modified payments hereunder. This <br />Agreement shall in no way be deemed to be a waiver of Lender's rights and remedies by <br />reason of any default by Borrower under the Loan Documents as herein modified, <br />including without limitation future payment defaults, and nothing contained herein shall <br />be deemed to be a waiver by Lender of any terms or conditions of the Loan Documents <br />as modified herein. Nothing herein shall constitute an agreement by Lender to any <br />future modification of the Loan Documents and Lender expressly reserves the right to <br />refuse to agree to any future modifications. <br />Page 5 of the Loan Modification Agreement nes <br />Order Number. 7132397 <br />'Please add the appropriate number of initial lines for ea, over 4 <br />