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<br />200607530 <br /> <br />(c) All of the l;.-oan Documents remain in full force and effect. <br />(d) All of the representations and warranties set forth in the Loan Agreement <br />and other Loan Documents are true and correct in all material respects as if made on the <br />date of this Amendment. <br /> <br />5. Continuing Effect. Borrower hereby ratifies and confirms the continuing validity <br />and enforceability of the Loan Agreements, Promissory Notes, the Deed of Trust, and other Loan <br />Documents, as amended hereby. Neither Borrower nor any guarantor, co-maker, surety, or other <br />person or entity shall be released of liability under the Loan Documents as a result of the <br />Borrower's execution and delivery of this Amendment and/or performance of its obligations <br />hereunder. <br /> <br />6. Release. Borrower hereby releases and forever discharges Lender and its <br />affiliates, directors, officers, agents, employees, and attorneys of and from any and all liability, <br />suits, damages, claims, counterclaims, demands, reckonings, and causes of action, known and <br />unknown, whether arising at law or in equity, which it had, now has, or may have in the future <br />against Lender by reason of any act, omission, cause and thing arising out of or in any way <br />related to the Promissory Notes, the Loan Agreements, the Deed of Trust, this Amendment or <br />any of the other Loan Documents and occurring on or prior to the date hereof. <br /> <br />7. Further Assurances. Borrower agrees to execute any other documents and <br />instruments and undertake any other actions as may be required by Lender to consummate the <br />transactions described herein and in the other Loan Documents. <br /> <br />8. Miscellaneous. Except as modified herein, all of the remaining conditions and <br />covenants of the Deed of Trust shall remain in full force effect, unchanged, and the Deed of <br />Trust is in all respects ratified, confirmed and approved. <br /> <br />9. Counterparts. This Amendment to Deed of Trust may be executed in any number <br />of counterparts, each of which shall be an original, but all of which shall constitute one and the <br />same instrument. <br /> <br />IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and <br />year first above written. <br /> <br />PREISENDORF PLUMBING & HEATING, INC. <br />Borrower <br /> <br />By: <br /> <br /> <br />6 <br />