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<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 Riahts Reaardina 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 /> 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 /> Borrower Initial Lines
<br /> Page 5 of the Loan Modification Agreement *Please add the appropriate number of initial lines for each
<br /> Order Number:7424628 signatory over 4
<br /> MERS MIN: 100026600015811735 MFRS Phone 1-888-679-6377
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