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200214388
<br />8. Lift of Bankruptcy Stay. Notwithstanding any provision in the Loan Documents
<br />to the contrary, in the event Borrower shall make application for or seek relief or protection
<br />under any of the sections or chapters of the United States Bankruptcy Code (the "Code "), or in
<br />the event that any involuntary petition is filed against Borrower under any section of the Code,
<br />Borrower will not oppose Lender's application for immediate relief from any automatic stay
<br />imposed by Sec. 362 of the Code, or otherwise, or on or against the exercise of the rights and
<br />remedies otherwise available to Lender pursuant to the Loan Documents and as otherwise
<br />provided by law.
<br />9. Fees. Borrower and Lender have agreed that, simultaneously with the execution
<br />hereof, all fees, costs, and charges arising in connection with the execution of this Agreement,
<br />including without limitation, all reasonable attomeys' fees, title company fees, title insurance
<br />premiums, recording costs, and other closing costs incurred by Lender in connection with this
<br />Agreement, will be paid by Borrower or Prior Owner as of the Effective Date, and that Lender
<br />shall have no obligation whatsoever for payment thereof.
<br />10. No Offsets or Defenses. Borrower hereby acknowledges, confirms and warrants
<br />to Lender that as of the Effective Date, Borrower neither has nor claims any offset, defense,
<br />claim, right of set -off or counterclaim against Lender under, arising out of or in connection with
<br />this Agreement, the Note, the Deed of Trust or any other Loan Document. Borrower covenants
<br />and agrees with Lender that if any offset, defense, claim, right of set -off or counterclaim exists as
<br />of the Effective Date, Borrower does hereby irrevocably and expressly waive the right to assert
<br />such matter. Borrower understands and agrees that the foregoing release is in consideration for
<br />the agreements of Lender contained herein, and Borrower will receive no further consideration
<br />for such release.
<br />11. Confirmation. Except as specifically set forth herein, all other terms and
<br />conditions of the Loan Documents shall remain unmodified and in full force and effect, the same
<br />being confirmed and republished hereby; and except as otherwise specifically set forth herein,
<br />the undersigned Borrower hereby assumes, affirms, reaffirms and republishes all of the
<br />warranties, covenants and agreements as set forth in the Loan Documents.
<br />12. Usury Savings Clause. Notwithstanding anything to the contrary contained
<br />elsewhere in this Agreement, Borrower and Lender hereby agree that all agreements between
<br />them with respect to the Loan, including but not limited to the Loan Documents, whether now
<br />existing or hereafter arising are expressly limited so that in no contingency or event whatsoever
<br />shall the amount paid, or agreed to be paid, to Lender for the use, forbearance, or detention of the
<br />money loaned to Borrower, or for the performance or payment of any covenant or obligation
<br />contained herein or therein, exceed the maximum rate of interest under applicable law (the
<br />"Maximum Rate "). If from any circumstance whatsoever, fulfillment of any provisions of this
<br />Agreement or the Loan Documents at the time performance of such provisions shall be due
<br />would involve transcending the limit of validity prescribed by law, then, automatically, the
<br />obligation to be fulfilled shall be reduced to the limit of such validity, and if from any
<br />circumstance Lender should ever receive anything of value deemed interest by applicable law
<br />which would exceed the Maximum Rate, such excessive interest shall be applied to the reduction
<br />of the principal amount owing with respect to the Loan or on account of the other indebtedness
<br />AO 829904)
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