|
201801532
<br />described in the Mortgage by Borrower, and updating the effective date thereof to the date of the
<br />recording of this Agreement and adding this Agreement to Schedule A of such loan policy of
<br />title insurance. Such title endorsement shall be in form and substance satisfactory to the Lender
<br />and shall contain no exceptions to title having priority over the lien of the Mortgage as amended
<br />hereby.
<br />12. Borrower represents to Lender that Borrower has no defenses, set -offs, claims,
<br />actions, causes of action, damages, demands or any other claims of any kind or nature
<br />whatsoever, whether asserted or unasserted, against Lender as of the date hereof with respect to
<br />any action previously taken or not taken by Lender.
<br />Without limiting the generality of the foregoing, except as to the obligations imposed
<br />upon Lender, as provided herein and in the other Loan Documents, Borrower and Guarantors,
<br />and each of them, on behalf of themselves, their respective successors and assigns, and each of
<br />them, do each hereby forever relieve, release, acquit and discharge Lender and its predecessors,
<br />successors and assigns, and their respective past and present attorneys, accountants, insurers,
<br />representatives, affiliates, partners, subsidiaries, officers, employees, directors, and shareholders,
<br />and each of them (collectively, the "Released Parties "), from any and all claims, debts, liabilities,
<br />demands, obligations, promises, acts, agreements, costs and expenses (including, but not limited
<br />to, reasonable attorneys' fees), damages, injuries, actions and causes of action, of whatever kind
<br />or nature, whether legal or equitable, known or unknown, suspected or unsuspected, contingent
<br />or fixed, which Borrower and Guarantors, or either of them, now own or hold or have at any time
<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 />13. 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 Original
<br />Note and all security interests, encumbrances, liens, deeds of trust, mortgages and other
<br />collateral given as security therefore.
<br />14. Borrower represents and warrants to Lender that no Event of Default, or default
<br />exists under the Original Note, the Mortgage, the Loan Documents, or any other documents
<br />evidencing or securing the Loan as of the date hereof.
<br />15. This Agreement shall not be deemed to constitute an alteration, waiver,
<br />annulment, or variation of any of the terms and conditions of the Original Note (as heretofore
<br />amended), the Mortgage, the Loan Documents, or any other documents evidencing or securing
<br />the Loan except as expressly set forth herein. Any term or condition of the Original Note, the
<br />Mortgage, the Loan Documents, or any other documents evidencing or securing the Loan that is
<br />61783131.4
<br />4
<br />
|