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<br />'\.... <br /> <br />200710808 <br /> <br />agree that the consideration for this Agreement is the Lender's forbearance from <br />presently exercising its right and pursuing its remedies under the Security Instrument as a <br />result of the Borrower's default of its obligations thereunder. <br /> <br />9. Borrower represents under penalty of perjury that Borrower IS the occupant of the <br />Property. <br /> <br />10. Borrower represents under penalty of perjury that the Property has no physical <br />conditions that will adversely affect Borrower's continued use of the Property or interfere <br />with Borrower's ability to maintain the payments referred to in Paragraph No.2. <br /> <br />11. If any provision in this Agreement shall to any extent be determined by a court of <br />law to be invalid, the remainder of the Agreement shall not be affected thereby, and shall <br />continue in full force and effect to bind the parties. <br /> <br />12. This Agreement may be executed simultaneously in any number of counterparts, <br />each of which shall be deemed an original but all of which together shall constitute one <br />and the same agreement. <br /> <br />THIS LOAN MODIFICATION AGREEMENT, TOGETHER WITH THE LOAN <br />DOCUMENTS AND ANY EXHIBITS AND SCHEDULES THERETO, REPRESENT THE <br />FINAL AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT <br />MATTER THEREOF AND SUPERSEDE ALL PRIOR NEGOTIA nONS, AGREEMENTS <br />AND UNDERTAKINGS BETWEEN THE PARTIES WITH RESPECT TO SUCH MATTER. <br />THIS LOAN MODIFICA TION AGREEMENT MAYBE AMENDED ONLY BY AN <br />INSTRUMENT IN WRITING EXECUTED BY THE PARTIES OR THEIR PERMITTED <br />ASSIGNEES. <br /> <br />Page 4 of 7 of the Loan Modification Agreement <br />Loan #49266528 <br />Order # 3851309 <br />