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a. All references on the Loan Documents to the Loan amount shall be modified to <br />be $12,093,893.10. <br />b. All references in the Loan Documents to the Original Promissory Note shall be <br />modified to mean the Modified Note; <br />c. The reference to the scheduled Maturity Date as set forth in the Deed of Trust is <br />hereby modified to the earlier of the second anniversary of the Conversion Date or on March 31, <br />2020; <br />d. Except as modified herein, all of the terms, conditions and provisions of the Loan <br />Documents are hereby ratified and confirmed and shall remain in full force and effect. <br />6. Representations and Warranties. <br />Borrower hereby represents and warrants to Lender that: <br />a. to Borrower's knowledge, each of the representations and warranties set forth in <br />this Agreement and in the Loan Documents amended hereby are true and correct as of the date <br />hereof; <br />b. this Agreement constitutes the legal, valid and binding obligation of Borrower <br />and is enforceable in accordance with its terms; and <br />c. as of the date hereof, Borrower is not aware of any default or event of default <br />under the Modified Note or any of the other Loan Documents executed by Borrower in <br />connection with the Loan, as amended by this Agreement. <br />7. Conflict. <br />In the event of any conflict or inconsistency between the provisions of this Agreement or any of <br />the other Loan Documents heretofore executed by Borrower in connection with the Loan, the provisions <br />of this Agreement shall govern. <br />8. Successors and Assigns. <br />This Agreement shall be binding upon, and inure to the benefit of Borrower, Lender and their <br />respective successors and assigns. <br />9. Nonwaiver. <br />Borrower hereby acknowledges and agrees that: <br />3 <br />201607860 <br />a. except as specifically set forth herein, Lender's execution and performance of <br />this Agreement is not, and shall not be construed to be, a waiver, release, amendment or <br />modification of, or to any rights or remedies which Lender currently has, or may hereafter <br />acquire, with respect to any of the obligations owed to Lender by Borrower by virtue of any <br />documents or instruments evidencing, securing, guaranteeing or relating to such obligations; nor <br />shall it be deemed to be an agreement to forebear from exercising any rights or remedies which <br />Lender currently has or may hereafter acquire. <br />