COMPENSATION, CONTRACTS, CONTROVERSIES, PROMISES, DAMAGES, COSTS,
LOSSES AND EXPENSES, OF EVERY TYPE, KIND, NATURE, DESCRIPTION OR CHARACTER,
WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, LIQUIDATED OR UNLIQUIDATED,
EACH AS THOUGH FULLY SET FORTH HEREIN AT LENGTH (EACH, A "RELEASED CLAIM" AND
COLLECTIVELY, THE "RELEASED CLAIMS"), THAT GUARANTOR NOW HAS OR MAY ACQUIRE AS
OF THE LATER OF:
(I) THE DATE THIS AGREEMENT BECOMES EFFECTIVE THROUGH THE
SATISFACTION (OR WAIVER BY LENDER) OF ALL CONDITIONS HERETO; OR (II) THE DATE
THAT BORROWER AND EACH GUARANTOR HEREUNDER HAVE EXECUTED AND DELIVERED THIS
AGREEMENT TO LENDER (HEREAFTER, THE "RELEASE DATE"), INCLUDING WITHOUT
LIMITATION, THOSE RELEASED CLAIMS IN ANY WAY ARISING OUT OF, CONNECTED WITH OR
RELATED TO ANY AND ALL PRIOR CREDIT ACCOMMODATIONS, IF ANY, PROVIDED BY LENDER,
OR ANY OF LENDER'S PREDECESSORS IN INTEREST, TO BORROWER OR GUARANTOR, AND ANY
AGREEMENTS, NOTES OR DOCUMENTS OF ANY KIND RELATED THERETO OR THE TRANSACTIONS
CONTEMPLATED THEREBY OR HEREBY, OR ANY OTHER AGREEMENT OR DOCUMENT REFERRED TO
HEREIN OR THEREIN.
(B)
GUARANTOR HEREBY ACKNOWLEDGES, REPRESENTS AND WARRANTS TO LENDER AS
FOLLOWS:
(I)
GUARANTOR UNDERSTANDS THE MEANING AND EFFECT OF SECTION 1542 OF THE
CALIFORNIA CIVIL CODE WHICH PROVIDES:
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Loan No. 105093
"SECTION 1542.
GENERAL RELEASE; EXTENT.
A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
(II)
WITH REGARD TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE, GUARANTOR
AGREES TO ASSUME THE RISK OF ANY AND ALL UNKNOWN, UNANTICIPATED OR MISUNDERSTOOD
DEFENSES AND RELEASED CLAIMS WHICH ARE RELEASED BY THE PROVISIONS OF THIS
GENERAL RELEASE IN FAVOR OF LENDER, AND GUARANTOR HEREBY WAIVES AND RELEASES ALL
RIGHTS AND BENEFITS WHICH IT MIGHT OTHERWISE HAVE UNDER SECTION 1542 OF THE
CALIFORNIA CIVIL CODE WITH REGARD TO THE RELEASE OF SUCH UNKNOWN, UNANTICIPATED
OR MISUNDERSTOOD DEFENSES AND RELEASED CLAIMS.
(C)
EACH PERSON SIGNING BELOW ON BEHALF OF GUARANTOR ACKNOWLEDGES THAT HE
OR SHE HAS READ EACH OF THE PROVISIONS OF THIS GENERAL RELEASE.
EACH SUCH
PERSON FULLY UNDERSTANDS THAT THIS GENERAL RELEASE HAS IMPORTANT LEGAL
CONSEQUENCES, AND EACH SUCH PERSON REALIZES THAT THEY ARE RELEASING ANY AND ALL
RELEASED CLAIMS THAT GUARANTOR MAY HAVE AS OF THE RELEASE DATE.
GUARANTOR
HEREBY ACKNOWLEDGES THAT IT HAS HAD AN OPPORTUNITY TO OBTAIN A LAWYER'S ADVICE
CONCERNING THE LEGAL CONSEQUENCES OF EACH OF THE PROVISIONS OF THIS GENERAL
RELEASE.
(D)
GUARANTOR HEREBY SPECIFICALLY ACKNOWLEDGES AND AGREES THAT:
(I) NONE
OF THE PROVISIONS OF THIS GENERAL RELEASE SHALL BE CONSTRUED AS OR CONSTITUTE AN
ADMISSION OF ANY LIABILITY ON THE PART OF LENDER; (II) THE PROVISIONS OF THIS
GENERAL RELEASE SHALL CONSTITUTE AN ABSOLUTE BAR TO ANY RELEASED CLAIM OF ANY
KIND, WHETHER ANY SUCH RELEASED CLAIM IS BASED ON CONTRACT, TORT, WARRANTY,
MISTAKE OR ANY OTHER THEORY, WHETHER LEGAL, STATUTORY OR EQUITABLE; AND (III)
ANY ATTEMPT TO