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200412315 15. Recitals True. Borrower, Prior Owner and Lender each hereby approve the recitations set forth in the preamble of this Agreement and agree that said recitations are true and correct in all respects. 16. Notices. Lender and Borrower agree that all notice provisions contained in the Loan Documents are hereby modified to amend the notice address for Borrower and Lender, and that from and after the Effective Date the notice address for Lender and Borrower are as follows: If to Lender: c/o GMAC Commercial Mortgage Corporation 245 Peachtree Center Avenue, N.E. Suite 1800 Atlanta, Georgia 30303 Attention: Servicing Department for Loan No. 400028174 If to Borrower: Rainier Sunwest Portfolio I, L.P. 14001 Dallas Parkway Suite 1105 Dallas, Texas 75240 Attention: J. Kenneth Dunn and Michael Richardson Each party to this Agreement may designate a further change of address by notice given as required in the Mortgage. 17. Severability. If all or any portion of any provision of this Agreement shall be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision hereof or thereof, and such provision shall be limited and construed in such jurisdiction as if such invalid, illegal or unenforceable provision or portion thereof were not contained herein or therein. 18. Counterpart. This Agreement may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. 19. _GoverninE Law. The terms and conditions of this Agreement shall be governed by the applicable laws of the State of New York. 20. Interpretation. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. The section headings used herein are intended for reference purposes only and shall not be considered in the interpretation of the terms and conditions hereof. The parties acknowledge that the parties and their counsel 8 Sunwest N.C. Trust, GMACCM Loan 31400028174 (Nebraska) AO 1243719.1