hereafter be had from anyone whomsoever, and that the consideration given for
this release is no admission of liability and that no Releasing Party, nor those
claiming under it will ever claim that it is.
B.
RELEASES BINDING ON AFFILIATES OF RELEASING PARTIES.
THE
PROVISIONS, WAIVERS AND RELEASES SET FORTH ARE BINDING UPON EACH RELEASING PARTY
AND THEIR RESPECTIVE AGENTS, EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS,
GENERAL PARTNERS, LIMITED PARTNERS, JOINT SHAREHOLDERS, BENEFICIARIES, TRUSTEES,
ADMINISTRATORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SERVANTS AND ATTORNEYS.
20.
BOOKS AND RECORDS.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS
AGREEMENT, BUYER AND GUARANTOR ACKNOWLEDGE AND AFFIRM THEIR RESPECTIVE
OBLIGATIONS UNDER SECTION 10 OF THE
MORTGAGE.
21.
NOTICES.
ALL NOTICES TO LENDER, SELLER, OR BUYER IN CONNECTION
WITH THIS AGREEMENT SHALL BE IN WRITING AND SHALL BE ADDRESSED TO THE INTENDED
RECIPIENT THEREOF AT ITS ADDRESS AS SET FORTH BELOW THEIR SIGNATURE ON THIS
AGREEMENT (OR AT SUCH OTHER ADDRESS AS SUCH PARTY MAY DESIGNATE IN WRITING FROM
TIME TO TIME BY NOTICE GIVEN TO SELLER, BUYER OR LENDER).
ADDITIONALLY, ANY
ADDRESSES FOR NOTICES TO THE BORROWER UNDER ANY OF THE LOAN DOCUMENTS IS
SUPPLEMENTED TO INCLUDE BUYER AT ITS ADDRESS SET FORTH BELOW ITS SIGNATURE ON
THIS AGREEMENT.
ALL NOTICES GIVEN TO ANY PARTY OF THIS TRANSACTION SHALL BE
DEEMED EFFECTIVELY GIVEN I) UPON PERSONAL DELIVERY OF ANY SUCH NOTICE TO THE
PREMISES OF THE INTENDED RECIPIENT AS REQUIRED ABOVE OR AS MOST RECENTLY
DESIGNATED BY SUCH INTENDED RECIPIENT AS PROVIDED HEREIN; OR II) TWO (2)
BUSINESS DAYS FOLLOWING THE DEPOSIT OF AN ENVELOPE CONTAINING SUCH NOTICE IN THE
9
UNITED STATES MAIL, SENT BY CERTIFIED MAIL, POSTAGE PRE-PAID AND ADDRESSED TO
THE INTENDED RECIPIENT AS SET FORTH ABOVE OR, AS MOST RECENTLY DESIGNATED, BY
THE INTENDED RECIPIENTS AS PROVIDED HEREIN.
22.
BUYER'S SPECIFIC RATIFICATION, REAFFIRMATION AND CONFIRMATION OF
LOAN DOCUMENTS.
BUYER AGREES TO PERFORM EACH AND EVERY OBLIGATION UNDER THE
LOAN DOCUMENTS IN ACCORDANCE WITH THEIR RESPECTIVE TERMS AND CONDITIONS.
IT IS
EXPRESSLY UNDERSTOOD THAT LENDER WILL HEREAFTER REQUIRE PERFORMANCE OF ANY AND
ALL TERMS, CONDITIONS, OR REQUIREMENTS OF ALL DOCUMENTS AND AGREEMENTS EXECUTED
BY BUYER RELATING TO THE LOAN DOCUMENTS. BUYER ACKNOWLEDGES AND AGREES THAT ANY
PERFORMANCE OR NON-PERFORMANCE OF THE LOAN DOCUMENTS PRIOR TO THE EFFECTIVE DATE
DOES NOT AFFECT OR DIMINISH IN ANY WAY THE REQUIREMENT OF COMPLIANCE WITH THE
LOAN DOCUMENTS.
BUYER FURTHER ACKNOWLEDGES AND AGREES THAT THE VALIDITY OR
PRIORITY OF THE LIENS AND SECURITY INTERESTS EVIDENCED BY ANY OF THE SECURITY
DOCUMENTS ARE NOT DIMINISHED IN ANY WAY BY THIS AGREEMENT AND THAT THE MORTGAGE
CONTINUES TO BE A FIRST AND SUPERIOR MORTGAGE LIEN AND SECURITY INTEREST ON THE
PROPERTY.
THE AGREEMENTS AND OBLIGATIONS OF BUYER UNDER THE LOAN DOCUMENTS ARE
HEREBY RATIFIED, BROUGHT FORWARD, RENEWED AND EXTENDED UNTIL THE LOAN SHALL HAVE
BEEN FULLY PAID AND DISCHARGED.
BUYER HEREBY RATIFIES, AFFIRMS, REAFFIRMS,
ACKNOWLEDGES, CONFIRMS AND AGREES THAT THE LOAN DOCUMENTS REPRESENT THE VALID,
BINDING AND ENFORCEABLE OBLIGATIONS OF BUYER.
LENDER AND BUYER HEREBY AGREE
THAT THIS AGREEMENT AND THE LOAN