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201302135 <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 <br />