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<br />200704126 <br /> <br />11. Modification. This Agreement may not be changed orally, but only by an <br />agreement in writing signed by the party against whom enforcement of such change is sought. <br /> <br />12. Successors and Assigns. This Agreement shall inure to the benefit of <br />Lender and its successors and assigns and shall be binding on Borrower and its successors and <br />assIgns. <br /> <br />13. Governing Law. This Agreement shall be governed and construed In <br />accordance with the laws ofthe State where the Property is located. <br /> <br />14. Conflict. If any conflict or inconsistency exists between the absolute <br />assignment of the Rents and the Leases in this Agreement and the assignment of the Rents and <br />Leases as security in the Mortgage, the terms of this Agreement shall control. <br /> <br />15. Limitation on Liability. Borrower's liability hereunder is subject to the <br />limitation on liability provisions of Section 8.24 of the Loan Agreement. <br /> <br />4 <br /> <br />DCl 952533v.1 <br />