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Loan Number: 275704497     d. Borrower and Guarantor agree and acknowledge that with respect to any amountsadvanced under the Loan Documents as of the date of this Agreement, they have no defenses totheir payment and performance obligations that are set forth in the Loan Documents and thatBorrower’s and/or Guarantor’s default under the Loan Documents will entitle Lender toreceive, without contest by Borrower or Guarantor, a judgment against Borrower and/orGuarantor and the right to foreclose, without contest by Borrower or Guarantor, its liensthat are contained in the Loan Documents;     e. Borrower and Guarantor agree and acknowledge that with respect to any amountsadvanced under the Loan Documents as of the date of this Agreement, they possess no claims,counterclaims or offset rights of any nature, including any that would prohibit the Lenderfrom enforcing its rights and remedies under the Loan Documents and to the extent suchclaims may exist, Borrower and Guarantor hereby waive them in their entirety;     f. Borrower and Guarantor agree and acknowledge that the Lender has fully performed allof its obligations as set forth in the Loan Documents;     g. Borrower and Guarantor agree and acknowledge that the priority of the liens createdby the mortgage and the other Loan Documents in favor of the Lender to secure theperformance of Borrower’s obligations under the Loan Documents shall not be disturbed orlost by the execution and performance of this Agreement; and     h. Borrower and Guarantor agree and acknowledge that (i) Lender has not represented(either by express agreement, course of performance or otherwise) that it will agree tofurther modifications or amendments to the Loan, including without limitation, renewals,extensions, rate reductions or changes in the repayment schedule; (ii) Lender has noobligation to make such further modifications or amendments; and (iii) in the formulationand execution of their business plan, Borrower and Guarantor are not relying on the Lenderagreeing to such modifications or amendments.     i. Borrower and Guarantor agree and acknowledge that the original interest rate on andapplicable to the Loan Documents is 8.95% and that the Loan Documents shall continue toaccrue interest at that rate in accordance with the provisions set forth therein.     4. Miscellaneous. This Agreement and the Loan Documents constitute the entireunderstanding and agreement between the undersigned parties with respect to the transactionsarising in connection with the Loan and supersede all prior written or oralunderstandings and agreements between the undersigned parties in connection therewith andexcept for the modification specifically set forth herein the Loan Documents shall remain in fullforce and effect. Neither this Agreement, nor the Loan Documents may be orally modified but may beamended only by written agreements executed by the original parties to said documents.Jurisdiction and venue associated with the enforcement of Lender’s rights and remedies hereunderand pursuant to the Loan Documents shall be vested solely and exclusively in an
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Loan Number: 275704497appropriate courtof competent jurisdiction located in Faulkner County, Arkansas. Borrower waives Borrower’s rightto a jury trial of any issues arising in connection with the enforcement of this Agreement or theLoan Documents. It is expressly agreed and understood that this Agreement may be executed inmultiple counterparts and with multiple signature pages and that all signature pages, when attachedto and assembled with this document, shall constitute and comprise a single document that isenforceable against all parties on all signature pages in accordance with this Agreement’s terms.[*Remainder of Page Intentionally Blank;*