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200214388 (3) that certain Clearing Account Agreement (the "Clearing Account Agreement ") between Borrower, Lender and The Mission Bank; (4) that certain Rent Collection Account Agreement (the "Rent Collection Account Agreement ") between Borrower, Lender and The Mission Bank; (5) that certain Deposit Account Agreement (the "Deposit Account Agreement ") between Borrower, Lender and LaSalle National Bank. (The Note, the Deed of Trust, the Loan Agreement, the Lease Assignment, the UCC, the Environmental Agreement, the Clearing Account Agreement, the Rent Collection Account Agreement and the Deposit Account Agreement, together with all other documents evidencing, serving or otherwise pertaining to the Loan (other than the Prior Owner's Loan Documents) are hereinafter referred to collectively as the "Loan Documents ", and singularly as a "Loan Document".) H. bender is the holder of the Note and is the successor in interest to Former Lender in and to the Loan Documents and the Prior Owner's Loan Documents. I. The Property is being conveyed by Prior Owner to Borrower as of the Effective Date, and as part of the consideration for such conveyance, Borrower agrees to assume all the obligations under the Loan Documents and comply with all covenants and obligations contained in the Loan Documents. J. Prior Owner and Borrower have requested that Lender consent to the assumption of the Loan and waive the due on sale restrictions of the Deed of Trust to permit the conveyance of the Property to Borrower. K. Lender is willing to consent to the transfer of the Property by Prior Owner to Borrower and the assumption of the Loan by Borrower, subject b the terms and conditions set forth herein. AGREEMENT NOW, THEREFOR$ in consideration of the sum of Ten and No /100 Dollars ($10.00) cash in hand paid by the parties hereto each to the other and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Loan Information. As of the Effective Date, Lender certifies that the aggregate principal balance outstanding under the Note and that certain Defeasance Note made by Prior Owner to Lender dated January 31, 2001 is $18,366,593.83. Interest on the Loan has been paid through December 11, 2002. All escrow deposits held by Lender in connection with the Loan Documents shall, from and after the Effective Date, be for the account of Borrower. To the actual knowledge of Lender as of the Effective Date, no event of default, or event which with the passage of time or the giving of notice, or both, would constitute an event of default, under the