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201705361
<br />heretofore owned or held or may at any time hereafter own or hold against the Released Parties,
<br />or any of them, by reason of any acts, facts, transactions or any circumstances whatsoever
<br />occurring or existing through the date of this Agreement, including, but not limited to, those
<br />based upon, arising out of, appertaining to, or in connection with the recitals above, the Loan, the
<br />facts pertaining to this Agreement, any collateral heretofore granted to Lender or granted in
<br />connection herewith, or to any other obligations of Borrower and /or Guarantors to Lender, or the
<br />lending arrangements between Lender and Borrower.
<br />12. Borrower further acknowledges and agrees that the Lender is specifically relying
<br />upon the representations, warranties, and agreements contained herein and that this Agreement is
<br />being executed by Borrower and delivered to Lender as a material inducement to the Lender to
<br />forbear from exercising contractual remedies available to Lender, including foreclosure,
<br />attachment, and prosecution in collection of the outstanding indebtedness under the Note and all
<br />security interests, encumbrances, liens, deeds of trust, mortgages and other collateral given as
<br />security therefore.
<br />13. Borrower represents and warrants to Lender that no Event of Default, or default
<br />exists under the Note, the Mortgage, the Loan Documents, or any other documents evidencing or
<br />securing the Loan as of the date hereof.
<br />14. This Agreement shall not be deemed to constitute an alteration, waiver,
<br />annulment, or variation of any of the terms and conditions of the Note (as heretofore amended),
<br />the Mortgage, the Loan Documents, or any other documents evidencing or securing the Loan
<br />except as expressly set forth herein. Any term or condition of the Note, the Mortgage, the Loan
<br />Documents, or any other documents evidencing or securing the Loan that is inconsistent with
<br />this Agreement is deemed modified to be consistent herewith. If, for any reason, this Agreement
<br />is invalid, the Note shall be enforceable in accordance with its original form as heretofore
<br />amended.
<br />15. No amendment, modification, supplement, termination, consent or waiver of any
<br />provision of this Agreement, nor consent to any departure therefrom, will in any event be
<br />effective unless the same is in writing and is signed by the party against whom enforcement of
<br />the same is sought. Any waiver of any provision of this Agreement and any consent to any
<br />departure from the terms of any provision of this Agreement is to be effective only in the specific
<br />instance and for the specific purpose for which given.
<br />16. Captions contained in this Agreement have been inserted herein only as a matter
<br />of convenience and in no way define, limit, extend or describe the scope of this Agreement or the
<br />intent of any provisions hereof.
<br />17. For purposes of executing this Agreement, a document (or signature page thereto)
<br />signed and transmitted by facsimile machine or telecopier is to be treated as an original
<br />document. The signature of any party thereon, for purposes hereof, is to be considered as an
<br />original signature, and the document transmitted is to be considered to have the same binding
<br />effect as an original signature on an original document. At the request of any party, any
<br />facsimile or telecopy document is to be reexecuted in original form by the parties who executed
<br />the facsimile or telecopy document. No party may raise the use of a facsimile machine or
<br />59625853_2-c
<br />59625853.2
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