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1. 2. 3. Lender's Consent. Subject to the satisfaction ofall conditions set forth in this Assumption Agreement, Lender consents to the Assumption. Miscellaneous: AGREEMENT 201704935 D. Original Borrower has transferred or has agreed to transfer all of its right, title, and interest in and to the Secured Property to New Borrower and New Borrower has agreed to assume all of Original Borrower's rights, obligations, and liabilities created or arising under certain of the Original Loan Documents, including the Security Instrument ( "Assumption "). NOW, THEREFORE, in consideration of these premises, the mutual covenants contained in this Assumption Agreement and other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows: Assumption of Obligations. New Borrower covenants, promises, and agrees that New Borrower will unconditionally assume and be bound by alll terms, provisions, and covenants of the Note and the Security Instrument as if New Borrower had been the original maker of the Note and Security Instrument. New Borrower will pay all sums to be paid and perform each and every obligation to be paid or performed by Original Borrower under and in accordance with the terms and conditions of the Note, Security Instrument and all other Original Loan Documents assumed by New Borrower. (a) This Assumption Agreement will be binding upon and will inure to the benefit of the parties to the Assumption Agreement and their respective heirs, successors, and permitted assigns. (b) Except as expressly modified by this Assumption Agreement, the Security Instrument will be unchanged and remain in full force and effect, and is hereby expressly approved, ratified, . and confirmed. No provision of this Assumption Agreement that is held to be inoperative, unenforceable or invalid will affect the remaining provisions, and to this end all provisions of this Assumption Agreement are declared to be severable. (c) Time is of the essence of this Assumption Agreement. (d) This Assumption Agreement may not be changed orally, but only by an agreement in writing, signed by the party against whom enforcement of any waiver, change, modification or discharge is sought (e) This Assumption. Agreement will be construed in accordance with the laws of the Property Jurisdiction.