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200412315 have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. 21. Amendment. The terms and conditions hereof may not be modified, altered or otherwise amended except by an instrument in writing executed by Borrower and Lender. 22. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the modification of the Loan and fully supersedes all prior agreements and understanding between the parties pertaining to such subject matter. 23. Successors and Assigns. The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and permitted assigns. 24. TRIAL BY JURY WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BORROWER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, AND LENDER BY ITS ACCEPTANCE OF THIS AGREEMENT IRREVOCABLY AND UNCONDITIONALLY WAIVES, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR COUNTERCLAIM ARISING IN CONNECTION WITH, OUT OF OR OTHERWISE RELATING TO THE LOAN, THIS AGREEMENT OR THE LOAN DOCUMENTS. 25. Release. Lender hereby forever releases and discharges Prior Owner and any guarantor or obligor related to the Loan existing prior to the Effective Date from any and all liability, obligation or duty under the Loan Documents and the Prior Owner Loan Documents arising on and after the Effective Date; provided, however, that Prior Owner, together with any such guarantor or obligor related to the Loan, are not released or discharged from any liability, obligation or duty under the Loan Documents or the Prior Owner Loan Documents arising prior to the Effective Date. 26. Execution by Trustee. Wilmington Trust Company (the "Trustee ") is executing this Agreement on behalf of Sunwest N.C. Trust, not in its individual capacity, but solely as Trustee pursuant to appropriate authority and, accordingly, the Trustee shall incur no personal liability in connection herewith or the transactions contemplated hereby. [SIGNATURES BEGIN ON NEXT PAGE] Sunwest N.C. Trust, GMACCM Loan #400028174 9 (Nebraska) AO 1243719.1