PARTIES, INCLUDING ANY NEGLIGENCE OF ANY RELEASED PARTY (EXCEPT FOR GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT) FOR OR BY REASON OF ANY MATTER, CAUSE OR THING
WHATSOEVER OCCURRING PRIOR TO THE EFFECTIVE DATE, WHICH RELATE TO, IN WHOLE OR
IN PART, DIRECTLY OR INDIRECTLY: (A) THE NOTE, THE OTHER LOAN DOCUMENTS, OR THE
LOAN TRANSACTION EVIDENCED THEREBY, INCLUDING WITHOUT IMPLIED LIMITATION, THE
DISBURSEMENTS UNDER THE NOTE, THE NEGOTIATION OF THE TERMS OF THE NOTE OR THE
OTHER LOAN DOCUMENTS, THE TERMS THEREOF, OR THE APPROVAL, ADMINISTRATION OR
SERVICING THEREOF, OR (B) ANY NOTICES OF DEFAULT IN REFERENCE TO THE LOAN
DOCUMENTS, OR ANY OTHER MATTER PERTAINING TO THE COLLECTION OR ENFORCEMENT BY
THE RELEASED PARTIES OF THE INDEBTEDNESS AND THE LOAN DOCUMENTS, OR ANY RIGHT OR
REMEDY UNDER THE NOTE OR THE LOAN DOCUMENTS, OR (C) ANY PURPORTED ORAL
AGREEMENTS OR UNDERSTANDINGS BY AND BETWEEN THE RELEASED PARTIES AND BORROWER
AND/OR ANY GUARANTOR IN REFERENCE TO THE NOTE, THE OTHER LOAN DOCUMENTS OR THE
LOAN TRANSACTION EVIDENCED THEREBY.
12. LAW.
THIS AGREEMENT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS, EXCEPT AS TO MATTERS OF CONFLICTS OF LAW.
VENUE FOR
ANY ACTION BETWEEN LENDER, BORROWER AND/OR ANY GUARANTOR SHALL BE EXCLUSIVE IN
THE STATE OR FEDERAL DISTRICT COURTS HAVING JURISDICTION IN HARRIS COUNTY,
TEXAS.
13. Binding Effect.
This Agreement shall be binding upon and inure to the
benefit of the parties hereto and the respective heirs, executors,
administrators, legal representatives, successors and assigns of Lender, the
successors and permitted assigns of Borrower, and the heirs, executors,
administrators, legal representatives, and permitted assigns of Guarantors.
14. Counterparts.
This Agreement may be executed in several counterparts, each
copy of which shall serve as an original for all purposes, but all copies shall
constitute but one and the same agreement.
15. Gender.
Wherever the context shall solely require, all words herein in the
male gender shall be deemed to include the female or neuter gender, all singular
words shall include the plural and all plural words shall include the singular.
16. Recitals.
The recitals contained in this Agreement are true and correct.
17. NO ORAL AGREEMENTS.
THIS AGREEMENT EMBODIES THE FINAL, ENTIRE AGREEMENT
AMONG THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR COMMITMENTS,
AGREEMENTS, REPRESENTATIONS AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL,
RELATING TO THIS AGREEMENT, AND MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF
PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE
PARTIES HERETO.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES HERETO.
[Signature page follows.]
EXECUTED as of the Effective Date.
BORROWER:
THE MINT LEASING, INC.
By: /s/ Jerry Parish
Jerry Parish, President
LENDER:
STERLING BANK
By: /s/ Jack McCullough
Jack McCullough, Senior Vice President
CONSENT OF GUARANTORS
Each Guarantor hereby executes this Modification Agreement in order to consent
to the terms thereof.
GUARANTORS:
/s/ Jerry Parish
JERRY PARISH, Individually
/s/ Victor Garcia
VICTOR GARCIA, Individually