OF ITS
OWN INITIATIVE, AFTER HAVING CONSULTED WITH ITS INDEPENDENT LEGAL COUNSEL AND
AFTER HAVING HAD ALL OF THE TERMS OF THIS AGREEMENT EXPLAINED BY ITS INDEPENDENT
LEGAL COUNSEL; (C) THE WAIVERS AND RELEASES CONTAINED IN THIS AGREEMENT HAVE
BEEN INTENTIONALLY, INTELLIGENTLY, KNOWINGLY AND
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VOLUNTARILY AGREED TO; (D) THE WAIVERS AND RELEASES CONTAINED IN THIS AGREEMENT
HAVE BEEN AGREED TO WITH FULL KNOWLEDGE OF THEIR SIGNIFICANCE AND CONSEQUENCES,
INCLUDING FULL KNOWLEDGE OF THE SPECIFIC NATURE OF ANY RIGHTS OR DEFENSES WHICH
EACH HAS AGREED TO WAIVE OR RELEASE PURSUANT TO THIS AGREEMENT; (E) EACH HAS HAD
A FULL AND ADEQUATE OPPORTUNITY TO NEGOTIATE THE TERMS CONTAINED IN THIS
AGREEMENT AND THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY ARE NOT
THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE; (F) EACH IS EXPERIENCED IN AND
FAMILIAR WITH TRANSACTIONS OF THE TYPE EVIDENCED BY THIS AGREEMENT; AND (G) THE
WAIVERS AND RELEASES CONTAINED IN THIS AGREEMENT ARE MATERIAL INDUCEMENTS TO
LENDER'S. EXECUTION OF THIS AGREEMENT, AND LENDER HAS RELIED ON SUCH WAIVERS AND
RELEASES IN ENTERING INTO THIS AGREEMENT AND WILL CONTINUE TO RELY ON SUCH
WAIVERS AND RELEASES IN ANY RELATED FUTURE DEALINGS WITH BORROWER AND KEY
PRINCIPAL.
[remainder of page left blank intentionally]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date set forth on page 1.
ALS, KANSAS, INC., a Delaware corporation
By: /s/ Mark W. Ohlendorf
Name: Mark W. Ohlendorf
Its: President
ALTERRA HEALTHCARE CORPORATION, a
Delaware corporation
By: /s/ Mark W. Ohlendorf
Name: Mark W. Ohlendorf
Its: President
FANNIE MAE, a corporation organized and existing
under the laws of the United States of America
By: /s/ Larry LaGrone
Name: Larry LaGrone
Its: Vice President