Common use of Release of Lender Clause in Contracts

Release of Lender. As additional consideration for the agreements of Lender herein set forth, Borrower, on behalf of itself and its heirs, successors, assigns, administrators, personal representatives, executors, general and limited partners, agents, attorneys, contractors, affiliates and employees, and the officers, directors and shareholders of its respective partners, and the guarantors (collectively, the “Releasing Parties”) hereby release, remise and discharge Lender, and each of Lender’s subsidiaries, divisions, affiliate corporations, trustees, beneficiaries, officers, directors, agents, employees, servants, successors, attorneys and assigns (collectively, the “Released Parties”) from and against any and all claims, demands, debts, liabilities, contracts, obligations, accounts, causes of action or claims for relief of whatever kind or nature, whether known or unknown, suspected or unsuspected by Releasing Parties, past, present or future, which arise from or by reason of, or are in any way connected with any agreements, transactions, occurrences, conduct, acts or omissions of Released Parties, whatsoever, commence, done or occurred at any time in respect of (a) the Loan, (b) the Loan Documents and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference to the existing Loan Documents or any other matter pertaining to the collection or enforcement by Lender of the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or any of them which is in any way connected with, based upon, related to or arising out of, directly or indirectly, the matters released herein. Releasing Parties acknowledge and agree that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all rights, if any, conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads: 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 settlement with the debtor. Initials: Initials:

Release of Lender. As additional consideration Notwithstanding any other provision of any Loan Document, Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for the agreements of Lender herein set forth, Borrower, and on behalf of itself and itself, its heirsmanagers, successorsmembers, assignsdirectors, administratorsofficers, personal representativesemployees, executorsstockholders, general and limited partnersAffiliates, agents, representatives, accountants, attorneys, contractors, affiliates successors and employees, assigns and the officers, directors and shareholders of its their respective partners, and the guarantors Affiliates (collectively, the “Releasing Parties”), (i) hereby releasefully and completely releases and forever discharges the Indemnified Persons and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Persons, remise and discharge Lender, and each of Lender’s subsidiaries, divisions, affiliate corporations, trustees, beneficiaries, officers, directors, agents, employees, servants, successors, attorneys and assigns or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, the “Released Parties”) ), of and from and against any and all actions, causes of action, damages, claims, demands, debtsobligations, liabilities, contractscosts, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, accountsliabilities, causes costs, expenses and demands of action or claims for relief of whatever any kind or nature, whether known or unknown, suspected or unsuspected by Releasing Parties, past, present or future, which arise from or by reason of, or are in any way connected with any agreements, transactions, occurrences, conduct, acts or omissions of Released Parties, whatsoever, commenceat law or in equity, done matured or occurred at unmatured, vested or contingent, that any time in respect of (a) the Loan, (b) Releasing Parties has against any of the Loan Documents Released Parties as of the date of each such Advance. Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower the financial accommodations hereunder and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference to the existing Loan Documents or any other matter pertaining to the collection or enforcement will be relied upon by Lender of in making the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or any of them which is in any way connected with, based upon, related to or arising out of, directly or indirectly, the matters released herein. Releasing Parties acknowledge and agree that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all rights, if any, conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads: 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 settlement with the debtor. Initials: Initials:Advances.

Release of Lender. As additional consideration for the agreements of Lender herein set forthLoan Parties hereby release, Borrowerremise, on behalf of itself acquit and forever discharge Lender, together with its heirsrespective agents, successors, assigns, administrators, personal representatives, executors, general and limited partners, agentsconsultants, attorneys, contractorsfiduciaries, affiliates and employees, and the officers, directors and shareholders of its respective partners, and the guarantors (collectively, the “Releasing Parties”) hereby release, remise and discharge Lender, and each of Lender’s subsidiaries, divisions, affiliate corporations, trustees, beneficiariesservants, officers, directors, agentspartners, predecessors, successors and assigns, employees, servantssubsidiary entities, successorsparent entities, attorneys and assigns related business divisions, past and present (collectively, all of the foregoing hereinafter called the “Released Parties”) ), from and against any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, debts, liabilities, contracts, obligations, accountsdamages and expenses of any and every character, causes known or unknown, direct and/or indirect, at law or in equity, of action or claims for relief of whatever whatsoever kind or nature, whether known heretofore or unknownhereafter accruing, suspected for or unsuspected because of any matter or things done, omitted or suffered to be done by Releasing Partiesany of the Released Parties prior to and including the date hereof, past, present and in any way directly or future, which arise from indirectly arising out of or by reason of, or are in any way connected with any agreements, transactions, occurrences, conduct, acts or omissions of Released Parties, whatsoever, commence, done or occurred at any time in respect of (a) the Loan, (b) the Loan Documents and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference to the existing Loan Documents this Agreement or any other matter pertaining to the collection or enforcement by Lender of the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released PartiesDocument, or any of them which is in any way connected withthe transactions associated therewith, based uponor the Property, related to or arising out of, directly or indirectly, the matters released herein. Releasing Parties acknowledge and agree that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all rights, if any, conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads: A general release does including specifically but not extend limited to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the releaseusury, which if known by him or her must have materially affected his settlement with the debtorlack of consideration, fraudulent conveyance and lender liability. Initials: Initials:THE FOREGOING RELEASE INCLUDES ACTIONS AND CAUSES OF ACTION, JUDGMENTS, EXECUTIONS, SUITS, DEBTS, CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, DAMAGES AND EXPENSES ARISING AS A RESULT OF THE NEGLIGENCE (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH RELEASED PARTY) OF ONE OR MORE OF THE RELEASED PARTIES.

Release of Lender. As additional consideration for the agreements of Lender herein set forth, Original Borrower, on behalf of itself Interim Pledgor and its heirs, successors, assigns, administrators, personal representatives, executors, general and limited partners, agents, attorneys, contractors, affiliates and employees, and the officers, directors and shareholders of its respective partners, and the guarantors (collectively, the “Releasing Parties”) Interim Guarantor hereby release, remise acquit, and forever discharge (i) Lender, (ii) any servicer, sub-servicer, collateral manager and/or trustee in connection with the Loan and/or any collateralized debt obligations issued in connection with or secured (in whole or in part) by the Loan and (iii) each and every past, present and future subsidiary, affiliate, joint venture of Lender and all partners, members and joint venturers and other equity holders of any of the foregoing (whether affiliated or non-affiliated with Lender’s subsidiaries), divisionstogether with all stockholders, affiliate corporationsofficers, trustees, beneficiaries, officers, directors, agents, servants, employees, servantsrepresentatives and attorneys of any of the foregoing (all of the aforesaid persons and entities listed in (i), successors, attorneys (ii) and assigns (collectivelyiii), the “Released Lender Parties”) ), from and against any and all claims, demandsset-offs, counterclaims, causes of action, suits, debts, liabilities, contractsliens, obligations, accountsliabilities, causes demands, losses, costs and expenses (including reasonable attorneys’ fees) of action any kind, character, or claims for relief of whatever kind or naturenature whatsoever, whether known or unknown, suspected fixed or unsuspected by Releasing Parties, past, present or futurecontingent, which arise from Original Borrower, Interim Pledgor and/or Interim Guarantor may now or by reason of, hereafter have or are in any way connected with any agreements, transactions, occurrences, conduct, acts or omissions of Released Parties, whatsoever, commence, done or occurred at any time in respect of (a) the Loan, (b) the Loan Documents and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference claim to the existing Loan Documents or any other matter pertaining to the collection or enforcement by Lender of the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way have arising out of or related connected with any act of commission or omission of any Lender Party including, without limitation, any claims, liabilities or obligations arising with respect to the Loan, the Loan Documents, the Project, the Property Agreement or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification other of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or any of them which is in any way connected with, based upon, related to or arising out of, directly or indirectly, the matters released herein. Releasing Parties acknowledge and agree that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all rights, if any, conferred upon them by the The provisions of Section 1542 this paragraph shall be binding upon Original Borrower, Interim Pledgor and Interim Guarantor and shall inure to the benefit of the California Civil CodeLender Parties and each of their heirs, which reads: 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 releaseexecutors, which if known by him or her must have materially affected his settlement with the debtor. Initials: Initials:administrators, successors and assigns.

Release of Lender. As additional consideration for the agreements Notwithstanding any other provision of Lender herein set forthany Loan Document, each Borrower, each Guarantor and each Subsidiary voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself and its heirsitself, successorsit managers, assignsmembers, administratorsdirectors, personal representativesofficers, executorsemployees, general and limited partnersstockholders, Affiliates, agents, representatives, accountants, attorneys, contractors, affiliates successors and employees, assigns and the officers, directors and shareholders of its their respective partners, and the guarantors Affiliates (collectively, the “"Releasing Parties”) "), hereby release, remise fully and discharge Lender, completely releases and each of Lender’s subsidiaries, divisions, affiliate corporations, trustees, beneficiaries, officers, directors, agents, employees, servants, successors, attorneys forever discharges the Indemnified Parties and assigns (collectively, any other Person or insurer which may be responsible or liable for the “Released Parties”) from and against any and all claims, demands, debts, liabilities, contracts, obligations, accounts, causes of action or claims for relief of whatever kind or nature, whether known or unknown, suspected or unsuspected by Releasing Parties, past, present or future, which arise from or by reason of, or are in any way connected with any agreements, transactions, occurrences, conduct, acts or omissions of Released Parties, whatsoever, commence, done or occurred at any time in respect of (a) the Loan, (b) the Loan Documents and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference to the existing Loan Documents or any other matter pertaining to the collection or enforcement by Lender of the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Indemnified Parties, or any of them which is in any way connected withwho may be liable for the injury or damage resulting therefrom (collectively, based upon, related to or arising out of, directly or indirectlywith the Indemnified Parties, the matters released herein. Releasing Parties acknowledge 161 "Released Parties"), of and agree that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish from any and all rightsactions, if anycauses of action, conferred upon them by the provisions damages, claims, obligations, liabilities, costs, expenses and demands of Section 1542 any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the California Civil CodeReleasing Parties has against any of the Released Parties as of the date of the Closing. Each Borrower, which reads: A general each Guarantor and each Subsidiary acknowledges that the foregoing release does not is a material inducement to Lender's decision to extend to claims which Borrower the creditor does not know or suspect financial accommodations hereunder and has been relied upon by Lender in agreeing to exist in his or her favor at make the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor. Initials: Initials:Loans.

Release of Lender. As additional For and in consideration of the Loan, -------------------- Borrower voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for the agreements of Lender herein set forth, Borrower, and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the "Releasing Parties") does hereby fully and completely release, acquit and forever discharge Lender and its successors, assigns, administratorsheirs, personal representativesaffiliates, executors, general and limited partners, agents, attorneys, contractors, affiliates and employees, and the officers, directors and shareholders of its respective partners, and the guarantors (collectively, the “Releasing Parties”) hereby release, remise and discharge Lender, and each of Lender’s subsidiaries, divisionsparent companies, affiliate corporationsprincipals, trustees, beneficiariesdirectors, officers, directors, agents, employees, servantsshareholders and agents (hereinafter called the "Lender Parties"), successorsand any other person, attorneys and assigns (collectivelyfirm, the “Released Parties”) from and against any and all claimsbusiness, demandscorporation, debts, liabilities, contracts, obligations, accounts, causes of action or claims for relief of whatever kind or nature, whether known or unknown, suspected or unsuspected by Releasing Parties, past, present or future, which arise from or by reason ofinsurer, or are in any way connected with any agreements, transactions, occurrences, conduct, association which may be responsible or liable for the acts or omissions of Released Parties, whatsoever, commence, done or occurred at any time in respect of (a) the Loan, (b) the Loan Documents and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference to the existing Loan Documents or any other matter pertaining to the collection or enforcement by Lender of the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or who may be liable for the injury or damage resulting therefrom (collectively the "Released Parties"), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx or inchoate, known or unknown that the Releasing Parties (or any of them which is them) have, whether now or in any way connected withthe future, based upon, related to or arising out of, (whether directly or indirectly, ) against the matters released hereinReleased Parties or any of them. Releasing Parties acknowledge and agree The Borrower acknowledges that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement is governed provision by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all rights, if any, conferred upon them by the provisions of Section 1542 it of the California Civil Code, which reads: A general foregoing release does not is a material inducement to Lender's decision to extend to claims which Borrower the creditor does not know or suspect financial accommodations hereunder and has been relied upon by Lender in agreeing to exist in his or her favor at make the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor. Initials: Initials:Loan.

Release of Lender. As additional consideration Notwithstanding any other provision of any Loan Document, Borrowers voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for the agreements of Lender herein set forth, Borrower, and on behalf of itself and its heirsthemselves, successorstheir managers, assignsmembers, administratorsdirectors, personal representativesofficers, executorsemployees, general and limited partnersstockholders, Affiliates, agents, representatives, accountants, attorneys, contractors, affiliates successors and employees, assigns and the officers, directors and shareholders of its their respective partners, and the guarantors Affiliates (collectively, the “Releasing Parties”), (i) hereby releasefully and completely release and forever discharge the Indemnified Persons and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Persons, remise and discharge Lender, and each of Lender’s subsidiaries, divisions, affiliate corporations, trustees, beneficiaries, officers, directors, agents, employees, servants, successors, attorneys and assigns or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, the “Released Parties”) ), of and from and against any and all actions, causes of action, damages, claims, demands, debtsobligations, liabilities, contractscosts, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely release and forever discharge the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, accountsliabilities, causes costs, expenses and demands of action or claims for relief of whatever any kind or nature, whether known or unknown, suspected or unsuspected by Releasing Parties, past, present or future, which arise from or by reason of, or are in any way connected with any agreements, transactions, occurrences, conduct, acts or omissions of Released Parties, whatsoever, commenceat law or in equity, done matured or occurred at unmatured, vested or contingent, that any time in respect of (a) the Loan, (b) Releasing Parties has against any of the Loan Documents Released Parties as of the date of each such Advance. Borrowers acknowledge that the foregoing release is a material inducement to Lender’s decision to extend to Borrowers the financial accommodations hereunder and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference to the existing Loan Documents or any other matter pertaining to the collection or enforcement will be relied upon by Lender of in making the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification of the Loan and the Loan DocumentsAdvances. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or any of them which is in any way connected with, based upon, related to or arising out of, directly or indirectly, the matters released herein. Releasing Parties acknowledge and agree that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all rights, if any, conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads: 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 settlement with the debtor. Initials: Initials:[SIGNATURES APPEAR ON THE FOLLOWING PAGE]

Release of Lender. As additional consideration Notwithstanding any other provision of any Loan Document, each Loan Party voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for the agreements of Lender herein set forth, Borrower, and on behalf of itself and itself, its heirsmanagers, successorsmembers, assignsdirectors, administratorsofficers, personal representativesemployees, executorsstockholders, general and limited partnersAffiliates, agents, representatives, accountants, attorneys, contractors, affiliates successors and employees, assigns and the officers, directors and shareholders of its their respective partners, and the guarantors Affiliates (collectively, the “Releasing Parties”) hereby release), remise fully and discharge Lendercompletely releases and forever discharges the Indemnified Parties and any other Person or Insurer that may be responsible or liable for the acts or omissions of any of the Indemnified Parties, and each of Lender’s subsidiaries, divisions, affiliate corporations, trustees, beneficiaries, officers, directors, agents, employees, servants, successors, attorneys and assigns or who may be liable for the injury or damage resulting from such acts or omissions (collectively, with the Indemnified Parties, the “Released Parties”) ), of and from and against any and all actions, causes of action, damages, claims, demands, debtsobligations, liabilities, contractscosts, obligations, accounts, causes expenses and demands of action or claims for relief of whatever any kind or nature, whether known or unknown, suspected or unsuspected by Releasing Parties, past, present or future, which arise from or by reason of, or are in any way connected with any agreements, transactions, occurrences, conduct, acts or omissions of Released Parties, whatsoever, commenceat law or in equity, done matured or occurred at unmatured, vested or contingent, that any time in respect of (a) the Loan, (b) the Loan Documents and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference to the existing Loan Documents or any other matter pertaining to the collection or enforcement by Lender of the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and has against any of the Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification as of the date of the Closing. Each Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or any of them which is in any way connected with, based upon, related to or arising out of, directly or indirectly, the matters released herein. Releasing Parties acknowledge and agree Party acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to such Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether Party the financial accommodations under this Loan Agreement is governed and has been relied upon by California law, Releasing Parties, by placing their initials Lender in agreeing to make the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish Loan. Each Loan Party further specifically waives any and all rights, if any, conferred upon them by the provisions of rights that it may have under Section 1542 of the California Civil CodeCode (to the extent applicable), which readsprovides as follows: “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 releaseGENERAL 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 settlement with the debtor. Initials: Initials:WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR,” and further waives any similar rights under applicable laws.

Release of Lender. As additional consideration Notwithstanding any other provision of any Loan Document, each Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for the agreements of Lender herein set forth, Borrower, and on behalf of itself and itself, its heirsmanagers, successorsmembers, assignsdirectors, administratorsofficers, personal representativesemployees, executorsstockholders, general and limited partnersAffiliates, agents, representatives, accountants, attorneys, contractors, affiliates successors and employees, assigns and the officers, directors and shareholders of its their respective partners, and the guarantors Affiliates (collectively, the “Releasing Parties”), (i) hereby releasefully and completely releases and forever discharges the Indemnified Persons and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Persons, remise and discharge Lender, and each of Lender’s subsidiaries, divisions, affiliate corporations, trustees, beneficiaries, officers, directors, agents, employees, servants, successors, attorneys and assigns or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, the “Released Parties”) ), of and from and against any and all actions, causes of action, damages, claims, demands, debtsobligations, liabilities, contractscosts, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing, except in the event such liability is attributable to the fraud, bad faith, gross negligence or willful misconduct of a Released Party as determined by a final, nonappealable judgment by a court of competent jurisdiction, and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, accountsliabilities, causes costs, expenses and demands of action or claims for relief of whatever any kind or nature, whether known or unknown, suspected or unsuspected by Releasing Parties, past, present or future, which arise from or by reason of, or are in any way connected with any agreements, transactions, occurrences, conduct, acts or omissions of Released Parties, whatsoever, commenceat law or in equity, done matured or occurred at unmatured, vested or contingent, that any time of the Releasing Parties has against any of the Released Parties as of the date of each such Advance, except in respect of (a) the Loan, (b) the Loan Documents and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference event such liability is attributable to the existing Loan Documents fraud, bad faith, gross negligence or any other matter pertaining willful misconduct of a Released Party as determined by a final, nonappealable judgment by a court of competent jurisdiction. Each Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrowers the collection or enforcement financial accommodations hereunder and will be relied upon by Lender of in making the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or any of them which is in any way connected with, based upon, related to or arising out of, directly or indirectly, the matters released herein. Releasing Parties acknowledge and agree that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all rights, if any, conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads: 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 settlement with the debtor. Initials: Initials:Advances.

Release of Lender. As additional consideration Notwithstanding any other provision of any Loan Document, each Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for the agreements of Lender herein set forth, Borrower, and on behalf of itself and itself, its heirsmanagers, successorsmembers, assignsdirectors, administratorsofficers, personal representativesemployees, executorsstockholders, general and limited partnersAffiliates, agents, representatives, accountants, attorneys, contractors, affiliates successors and employees, assigns and the officers, directors and shareholders of its their respective partners, and the guarantors Affiliates (collectively, the “Releasing Parties”), (i) hereby releasefully and completely releases and forever discharges the Indemnified Persons and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Persons, remise and discharge Lender, and each of Lender’s subsidiaries, divisions, affiliate corporations, trustees, beneficiaries, officers, directors, agents, employees, servants, successors, attorneys and assigns or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, the “Released Parties”) ), of and from and against any and all actions, causes of action, damages, claims, demands, debtsobligations, liabilities, contractscosts, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, accountsliabilities, causes costs, expenses and demands of action or claims for relief of whatever any kind or nature, whether known or unknown, suspected or unsuspected by Releasing Parties, past, present or future, which arise from or by reason of, or are in any way connected with any agreements, transactions, occurrences, conduct, acts or omissions of Released Parties, whatsoever, commenceat law or in equity, done matured or occurred at unmatured, vested or contingent, that any time in respect of (a) the Loan, (b) Releasing Parties has against any of the Loan Documents Released Parties as of the date of each such Advance. Each Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrowers the financial accommodations hereunder and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference to the existing Loan Documents or any other matter pertaining to the collection or enforcement will be relied upon by Lender of in making the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or any of them which is in any way connected with, based upon, related to or arising out of, directly or indirectly, the matters released herein. Releasing Parties acknowledge and agree that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all rights, if any, conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads: 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 settlement with the debtor. Initials: Initials:Advances.

Release of Lender. As additional For and in consideration for of the agreements of Lender herein set forthLoan, Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, assigns, administrators, personal representatives, executors, general and limited partners, agents, attorneys, contractors, affiliates and employees, and assigns (collectively the officers, directors and shareholders of its respective partners, and the guarantors (collectively, the “"Releasing Parties”") hereby does hereby, except to the extent of Lender Parties or Released Parties negligence or willful misconduct, or failure to act in a commercially reasonable fashion, fully and completely release, remise acquit and forever discharge Lender, and each of Lender’s its successors, assigns, heirs, affiliates, subsidiaries, divisionsparent companies, affiliate corporationsprincipals, trustees, beneficiariesdirectors, officers, directors, agents, employees, servantsshareholders and agents (hereinafter called the "Lender Parties"); and any other person, successorsfirm, attorneys and assigns (collectivelybusiness, the “Released Parties”) from and against any and all claimscorporation, demands, debts, liabilities, contracts, obligations, accounts, causes of action or claims for relief of whatever kind or nature, whether known or unknown, suspected or unsuspected by Releasing Parties, past, present or future, which arise from or by reason ofinsurer, or are in any way connected with any agreements, transactions, occurrences, conduct, association which may be responsible or liable for the acts or omissions of Released Parties, whatsoever, commence, done or occurred at any time in respect of (a) the Loan, (b) the Loan Documents and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference to the existing Loan Documents or any other matter pertaining to the collection or enforcement by Lender of the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or who may be liable for the injury or damage resulting therefrom (collectively the {"Released Parties"), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx or inchoate, known or unknown that the Releasing Parties (or any of them which is them) have, whether now or in any way connected withthe future, based upon, related to or arising out of, (whether directly or indirectly, ) against the matters released hereinReleased Parties or any of them. Releasing Parties acknowledge and agree The Borrower acknowledges that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement foregoing release is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all rights, if any, conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads: A general release does not a material inducement to Lender's decision to extend to claims which Borrower the creditor does not know or suspect financial accommodations hereunder and has been relied upon by Lender in agreeing to exist in his or her favor at make the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor. Initials: Initials:Loan.

Release of Lender. As additional consideration for the agreements of Lender herein set forthLoan Parties hereby release, Borrowerremise, on behalf of itself acquit and forever discharge Lender, together with its heirs, successors, assigns, administrators, personal representatives, executors, general and limited partnersemployees, agents, representatives, consultants, attorneys, contractorsfiduciaries, affiliates and employees, and the officers, directors and shareholders of its respective partners, and the guarantors (collectively, the “Releasing Parties”) hereby release, remise and discharge Lender, and each of Lender’s subsidiaries, divisions, affiliate corporations, trustees, beneficiariesservants, officers, directors, agentspartners, employeespredecessors, servantssuccessors and assigns, successorssubsidiary corporations, attorneys parent corporations, and assigns related corporate divisions (collectively, all of the “foregoing hereinafter called the "Released Parties”) "), from and against any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, debts, liabilities, contracts, obligations, accountsdamages and expenses of any and every character, causes known or unknown, direct and/or indirect, at law or in equity, of action or claims for relief of whatever whatsoever kind or nature, whether known heretofore or unknownhereafter accruing, suspected for or unsuspected because of any matter or things done, omitted or suffered to be done by Releasing Partiesany of the Released Parties prior to and including the Effective Date, past, present and in any way directly or future, which arise from indirectly arising out of or by reason of, or are in any way connected with any agreements, transactions, occurrences, conduct, acts or omissions of Released Parties, whatsoever, commence, done or occurred at any time in respect of (a) the Loan, (b) the Loan Documents and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference to the existing Loan Documents this Agreement or any other matter pertaining to the collection or enforcement by Lender of the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or any of them which is in any way connected withthe transactions associated therewith, based uponor the Mortgaged Property, related to or arising out of, directly or indirectly, the matters released herein. Releasing Parties acknowledge and agree that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all rights, if any, conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads: A general release does including specifically but not extend limited to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the releaseusury, which if known by him or her must have materially affected his settlement with the debtorlack of consideration, fraudulent conveyance and lender liability. Initials: Initials:THE FOREGOING RELEASE INCLUDES ACTIONS AND CAUSES OF ACTION, JUDGMENTS, EXECUTIONS, SUITS, DEBTS, CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, DAMAGES AND EXPENSES ARISING AS A RESULT OF THE NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES.

Release of Lender. As additional consideration for the agreements of Lender herein set forth, Interim Borrower, on behalf of itself Interim Pledgor and its heirs, successors, assigns, administrators, personal representatives, executors, general and limited partners, agents, attorneys, contractors, affiliates and employees, and the officers, directors and shareholders of its respective partners, and the guarantors (collectively, the “Releasing Parties”) Interim Guarantor hereby release, remise acquit, and forever discharge (i) Lender, (ii) any servicer, sub-servicer, collateral manager and/or trustee in connection with the Loan and/or any collateralized debt obligations issued in connection with or secured (in whole or in part) by the Loan and (iii) each and every past, present and future subsidiary, affiliate, joint venture of Lender and all partners, members and joint venturers and other equity holders of any of the foregoing (whether affiliated or non-affiliated with Lender’s subsidiaries), divisionstogether with all stockholders, affiliate corporationsofficers, trustees, beneficiaries, officers, directors, agents, servants, employees, servantsrepresentatives and attorneys of any of the foregoing (all of the aforesaid persons and entities listed in (i), successors, attorneys (ii) and assigns (collectivelyiii), the “Released Lender Parties”) ), from and against any and all claims, demandsset-offs, counterclaims, causes of action, suits, debts, liabilities, contractsliens, obligations, accountsliabilities, causes demands, losses, costs and expenses (including reasonable attorneys’ fees) of action any kind, character, or claims for relief of whatever kind or naturenature whatsoever, whether known or unknown, suspected fixed or unsuspected by Releasing Parties, past, present or futurecontingent, which arise from Interim Borrower, Interim Pledgor and/or Interim Guarantor may now or by reason of, hereafter have or are in any way connected with any agreements, transactions, occurrences, conduct, acts or omissions of Released Parties, whatsoever, commence, done or occurred at any time in respect of (a) the Loan, (b) the Loan Documents and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference claim to the existing Loan Documents or any other matter pertaining to the collection or enforcement by Lender of the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way have arising out of or related connected with any act of commission or omission of any Lender Party including, without limitation, any claims, liabilities or obligations arising with respect to the Loan, the Loan Documents, the Project, the Property Agreement or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification other of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or any of them which is in any way connected with, based upon, related to or arising out of, directly or indirectly, the matters released herein. Releasing Parties acknowledge and agree that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all rights, if any, conferred upon them by the The provisions of Section 1542 this paragraph shall be binding upon Interim Borrower, Interim Pledgor and Interim Guarantor and shall inure to the benefit of the California Civil CodeLender Parties and each of their heirs, which reads: 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 releaseexecutors, which if known by him or her must have materially affected his settlement with the debtor. Initials: Initials:administrators, successors and assigns.

Release of Lender. As additional For and in consideration for the agreements of Lender herein set forththis ----------------- Agreement, Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its heirsshareholders, successorsemployees, assignsofficers, administratorsdirectors, personal representatives, executors, general and limited partnersAffiliates, agents, attorneys, contractors, affiliates and employeessuccessors, and assigns (collectively the officers, directors and shareholders of its respective partners, and the guarantors (collectively, the “"Releasing Parties”) "), does hereby fully and completely release, remise acquit and forever discharge Lender, and each of Lender’s subsidiariesits Affiliates, divisions, affiliate corporations, trustees, beneficiariesdirectors, officers, directorsemployees, shareholders, agents, employees, servantsattorneys, successors, attorneys and assigns (collectively, hereinafter called the “Released "Lender Parties”) from "); and against any and all claims, demands, debts, liabilities, contracts, obligations, accounts, causes of action other Person which may be responsible or claims liable for relief of whatever kind or nature, whether known or unknown, suspected or unsuspected by Releasing Parties, past, present or future, which arise from or by reason of, or are in any way connected with any agreements, transactions, occurrences, conduct, the acts or omissions of Released Parties, whatsoever, commence, done or occurred at any time in respect of (a) the Loan, (b) the Loan Documents and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference to the existing Loan Documents or any other matter pertaining to the collection or enforcement by Lender of the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or who may be liable for the injury or damage resulting therefrom (collectively the "Released Parties"), of and from any and all --- --- actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx or inchoate, known or unknown that the Releasing Parties (or any of them which is in any way connected with, based upon, related to or arising out of, them) now have (whether directly or indirectly, ) against the matters released hereinReleased Parties or any of them. Releasing Parties acknowledge and agree The Borrower acknowledges that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement foregoing release is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all rights, if any, conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads: A general release does not a material inducement to Lender's decision to extend to claims which Borrower the creditor does not know or suspect financial accommodations hereunder and has been relied upon by Lender in agreeing to exist in his or her favor at make the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor. Initials: Initials:DIP Loan.

Release of Lender. As additional consideration Notwithstanding any other provision of any Loan Document, Borrowers voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for the agreements of Lender herein set forth, Borrower, and on behalf of itself and its heirsthemselves, successorstheir managers, assignsmembers, administratorsdirectors, personal representativesofficers, executorsemployees, general and limited partnersstockholders, Affiliates, agents, representatives, accountants, attorneys, contractors, affiliates successors and employees, assigns and the officers, directors and shareholders of its their respective partners, and the guarantors Affiliates (collectively, the “Releasing Parties”), (i) hereby releasefully and completely release and forever discharge the Indemnified Persons and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Persons, remise and discharge Lender, and each of Lender’s subsidiaries, divisions, affiliate corporations, trustees, beneficiaries, officers, directors, agents, employees, servants, successors, attorneys and assigns or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, the “Released Parties”) ), of and from and against any and all actions, causes of action, damages, claims, demands, debtsobligations, liabilities, contractscosts, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely release and forever discharge the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, accountsliabilities, causes costs, expenses and demands of action or claims for relief of whatever any kind or nature, whether known or unknown, suspected or unsuspected by Releasing Parties, past, present or future, which arise from or by reason of, or are in any way connected with any agreements, transactions, occurrences, conduct, acts or omissions of Released Parties, whatsoever, commenceat law or in equity, done matured or occurred at unmatured, vested or contingent, that any time in respect of (a) the Loan, (b) Releasing Parties has against any of the Loan Documents Released Parties as of the date of each such Advance. Borrowers acknowledge that the foregoing release is a material inducement to Lender’s decision to extend to Borrowers the financial accommodations hereunder and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference to the existing Loan Documents or any other matter pertaining to the collection or enforcement will be relied upon by Lender of in making the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or any of them which is in any way connected with, based upon, related to or arising out of, directly or indirectly, the matters released herein. Releasing Parties acknowledge and agree that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all rights, if any, conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads: 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 settlement with the debtor. Initials: Initials:Advances.

Release of Lender. As additional For and in consideration for of the agreements of Lender herein set forthLoan and each advance or other financial accommodation hereunder, each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, assigns, administrators, personal representatives, executors, general and limited partners, agents, attorneys, contractors, affiliates and employees, and assigns (collectively the officers, directors and shareholders of its respective partners, and the guarantors (collectively, the “"Releasing Parties”") does hereby fully and completely release, remise acquit and forever discharge Lender, and each of Lender’s its successors, assigns, heirs, affiliates, subsidiaries, divisionsparent companies, affiliate corporationsprincipals, trustees, beneficiariesdirectors, officers, directors, agents, employees, servantsshareholders and agents (hereinafter called the "Lender Parties"), successorsand any other person, attorneys and assigns (collectivelyfirm, the “Released Parties”) from and against any and all claimsbusiness, demandscorporation, debts, liabilities, contracts, obligations, accounts, causes of action or claims for relief of whatever kind or nature, whether known or unknown, suspected or unsuspected by Releasing Parties, past, present or future, which arise from or by reason ofinsurer, or are in any way connected with any agreements, transactions, occurrences, conduct, association which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the "Released Parties"), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, commenceat law or in equity, done whether matured or occurred at any time in respect of unmatured, liquidated or unliquidated, vested or contingent, choxxx xx inchoate, known or unknown that the Releasing Parties (a) the Loan, (b) the Loan Documents and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference to the existing Loan Documents or any other matter pertaining to of them) have or may have, against the collection or enforcement by Lender of the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or any of them which is in any way connected with, based upon, related to or arising out of, (whether directly or indirectly), other than any such acts or omissions arising from the matters released hereingross negligence or willful misconduct of any Lender Party. Releasing Parties acknowledge and agree Borrower acknowledges that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement foregoing release is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all rights, if any, conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads: A general release does not a material inducement to Lender's decision to extend to claims which Borrower the creditor does not know or suspect financial accommodations hereunder and has been relied upon by Lender in agreeing to exist make the Loan and in his or her favor at the time making each advance of executing the release, which if known by him or her must have materially affected his settlement with the debtor. Initials: Initials:Loan proceeds hereunder.