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201306226
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201306226
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Last modified
12/31/2013 7:19:47 PM
Creation date
8/2/2013 9:17:45 AM
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DEEDS
Inst Number
201306226
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201306226 <br /> 10. 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 /> 11. 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 /> 12. 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 /> Borrowe Initial Lir�gs <br /> Page 5 of the Loan Modification Agreement *Please add the appropriate number of initial f es for each <br /> Order Number.8079008 signatory over 4 <br /> MERS MIN: 100188508060253535 MERS Phone 1-888-679-6377 <br />
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