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201204855
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Last modified
7/9/2017 8:24:06 PM
Creation date
6/18/2012 12:39:57 PM
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DEEDS
Inst Number
201204855
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20]204855 <br />12. Release and Waiver of Other Claims: <br />As an express inducement to Lender's agreement to this Agreement, Borrower, jointly <br />and severally, hereby unconditionally releases Lender, its legal representatives, <br />affiliates, subsidiaries, parent companies, agents, officers, employees, attorneys, <br />successors and assigns (collectively the "Released Parties") from any and all claims, <br />demands, actions, damages and causes of actions which Borrower has asserted or <br />claimed or might now or hereafter assert or claim against all or any of the Released <br />Parties, whether known or unknown, arising out of, related to or in any way connected <br />with or based upon any Prior Related Event (as such term is hereinafter defined). As <br />used herein, the term "Prior Related Event" shall mean any act, omission, circumstance, <br />agreement, loan, extension of credit, transaction, transfer, payment, event, action or <br />occurrence between or involving Borrower or Borrower's property and all or any of the <br />Released Parties and which was made or extended or which occurred at any time or <br />times prior to the execution of this Agreement, including without limiting in any respect <br />the generality of the foregoing: (i) any action taken to obtain payment of any <br />indebtedness or to otherwise enforce or exercise any right or purported right of Lender <br />as a creditor of Borrower; and (ii) any payment or other transfer made to Lender by or for <br />the account of Borrower. Borrower agrees and acknowledges that this release is not to <br />be construed as or deemed an acknowledgement or admission on the part of any of the <br />Released Parties of liability for any matter or as precedent upon which liability may be <br />asserted. <br />13. Bankruptcy: <br />If, since inception of this loan through date of this Agreement, the Borrower has received <br />a discharge in a Chapter 7 bankruptcy and there has been no valid reaffirmation of the <br />underlying debt, the Lender is not attempting to re-establish any personal liability for the <br />underlying debt by entering into this Agreement. However, the parties acknowledge that <br />the Lender retains certain rights, including but not limited to the right to foreclose its <br />interest in the property under appropriate circumstances. The parties agree that the <br />consideration for this Agreement is the Lender's forbearance from presently exercising <br />its right and pursuing its remedies under the Security Instrument as a result of the <br />Borrower's default of its obligations thereunder. <br />14. Loan Documents Remain In Full Force and Effect: <br />As amended herein, the provisions of the Loan Documents shall continue in full force <br />and effect, and Borrower acknowledges and reaffirms Borrower's liability to Lender <br />thereunder subject to the Bankruptcy exception in Paragraph 12 above. In the event of <br />any inconsistency between this Agreement and the terms of the Loan Documents, this <br />Agreement shall govern. Nothing in this Agreement shall be understood or construed to <br />be a novation, satisfaction or release, in whole or in part, of the Loan Documents. <br />Except as otherwise specifically provided in this Agreement, the Loan Documents will <br />remain unchanged, and Borrower and Lender will be bound by and comply with all of the <br />terms and provisions thereof, except as amended by this Agreement. <br />Page 6 of the Loan Modification Agreement Borro, <br />Order Number: 7132397 ,�7q�� <br />"Please add the appropriate number of initial lines for eac ihA gnatory <br />
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