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2012067�3
<br />with a maximum as provided for in the Note, or otherwise provided by law. Bonower will pay this
<br />late charge promptly, but only once on each late payment. The late cha.rge is not in lieu of any other
<br />remedy of Lender, including any default remedy.
<br />8. It is the intention of the parties that a11 liens and security interests described in the Security Instrument
<br />are hereby renewed and extended (if the Maturity Date of the original Note has been cha.nged) until the
<br />indebtedness evidenced by the Note a.nd this Agreement has been fully paid. Lender and Borrower
<br />acknowledge and agree that such renewal, amendment, modification, rearrangement or extension (if
<br />applicable) shall in no manner affect or impair the Note or liens and security interests securing same,
<br />the purpose of this Agreement being simply to modify, amend, reanange, or extend (if applicable) the
<br />time and the manner of payment of the Note and indebtedness evidenced thereby, and to carry forward
<br />all liens and security interests securing the Note, which aze expressly acknowledged by Borrower to be
<br />valid and subsisting, and in full force and effect so as to fully secure the payment of the Note.
<br />9. If a11 or any part of the Properiy or any interest in it is sold or transfened (or if Borrower is not a
<br />natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
<br />written consent, Lender may, at its option, require immediate payment in full of a11 sums secured by
<br />the Security Instrument. However, this option shall not be exercised by Lender if such exercise is
<br />prohibited by applicable law. If Lender exercises this option, Lender sha11 give Bonower notice of
<br />acceleration. The notice shall provide a period of not less than 30 days from the date the notice is
<br />delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If
<br />Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
<br />remedies pernutted by the Security Instrument without further notice or demand on Borrower. For
<br />purposes of this paragraph, "interest in the Property" means any legal or beneficial interest in the
<br />Property, including, but not limited to, those beneficial interests transferred in a bond for deed,
<br />contract for deed, installment sales contract or escrow agreement, the intent of which is transfer of title
<br />by Bonower at a future da.te to a purchaser.
<br />10. As amended hereby, the provisions of the Note and Security Instrument shall continue in full force and
<br />effect, and the Borrower acknowledges and reaffirms Borrower's liability to Lender thereunder. In the
<br />event of any inconsistency between this Agreement and the terms of the Note and Security Instrument,
<br />this Agreement shall govern. Nothing in this Agreement sha11 be understood or construed to be a
<br />satisfa.ction or release in whole or in part of the Note and Security Instrument. Except as otherwise
<br />specifically provided in this Agreement, the Note and Security Instrument will rema.in unchanged, and
<br />Bonower and Lender will be bound by, and comply with, a11 of the terms and provisions thereof, as
<br />amended by tlus Agreement, including but not limited to, in the case of the Bonower, the obligation to
<br />pay items such as taxes, insurance premiums or escrow items, as applicable. Any default by
<br />Borrower in the performance of its obligations herein contained sha11 constitute a defa,ult under the
<br />Note and Security Instrument, and shall a11ow Lender to exercise a11 of its remedies set forth in said
<br />Security Instrument.
<br />11. Lender does not, by its execution of this Agreement, waive any rights it may have against any person
<br />not a pariy hereto. This Agreement may be executed in multiple counterparts, each of which shall
<br />constitute an original instrument, but a11 of which sha11 constitute one and the same Agreement.
<br />EACH OF TI� BORROWER AND Tf� LENDER ACKNOWLEDGE THAT NO
<br />REPRESENTATIONS, AGREEMENTS OR PROMISES WERE MADE BY TI� OTI-�ER
<br />PARTY OR ANY OF ITS REPRESENTATIVES O'THER THAN THOSE REPRESENTATIONS,
<br />AGREEMENTS OR PROMISES SPECIFICALLY CONTAINED HEREIN. THIS AGREEMENT,
<br />AND TI� NOTE AND SECURITY INSTRUMENT (AS AMENDED HEREB� SETS FORTH
<br />TI� ENTIRE UNDERSTANDING BETWEEN THE PARTIES. 'TI�RE ARE NO UNWRITTEN
<br />AGREEMENTS BETWEEN TI� PARTIES.
<br />-�- 459416-000119
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