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2o�oos3s3 13. ' ' '' Ta the extent there is a conflict between this Agreement and any provision in any agreement either Party may have with a third party, including but not limited ta, Barrower, the terms and conditions in this Agreernent shall supercede any such provision. The parties agree that SBA may enforce this agreement as a third party beneficiary, and further agree that this Agreement shall not grant any right, benefit, priority, or interest to any other third pariy, including but not lixnited to, Borrower and Guarantor(s). � � This Agreement will inure to the benefit of and bind the respective parties to this Agreement, and their successars and assigns, includipg any party acyuiring the Third Party Laan and Third Party Lender Lien by sale, assignment, or other transfer from Third Party Lender. Third Party Lender agrees that CDC may assign this Agreement to the SBA, and waives all rights to contest such assignrnent. 15. Federal Law. When SBA is the holder of the loan instruments evidencing the 504 Loan and any security for that loan (including but not limited ta the CDC Lien on the Common Collateral), this Agreement and all such instruments will be construed in accordance with Federal law. CDC or SBA may use local or state pracedures for purposes such as �1ing papers, recording documents, giving notice, foreclosing liens, and other purposes, but by using these procedures, SBA does not waive any federal immunity from local or state control, penalty, tax, or liability. The Third Party Lender may not claim or assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim af SBA with respect to the 504 Loan. �6• T�wltu�tiQ,t� This d�cument will be released and terminated upon the paymertt in full of either the Third Party Loart or the 504 loan and all costs related thereto. 17. ('oun � ,r�narts � This Agreement may be executed in any number of counterparts, each of which will be deemed an original, and all of which together constitute one and the same instrument. 1 $• �� In the event that any provision of this Agreement is deemed invalid by a court of competent jurisdiction, all other provisions af this Agreement shall remarn valid and enforceable. 19. Revi ion f this A reement. Both Third Party Lender and CDC agree that this Agreement is a standard SBA Form, and, as such, neither party has authority to modify or delete any provision in this Agreement, or add any additional provisiot�s, without prior written authorization from the SBA. 20 • The persons signing below certify that they have been duly autharized to execute this Agreement on behalf of their respective party. SBA Form 2287 (August 2007)