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the Deed of Tnisl shall continue to remain in full force and effect. The fuilrrre of JQII or JQH-San <br />Marcos to comply with any provisions of this Amendment shall constitute a default under the Loan <br />Documents, entitling City to exercise any and all remedies to which City may be entitled in the event of <br />default under the Loan Documents, andior any other right or remedy mailable to City at law or in equity. <br />4.2 inco~r rotation bti Reference; Defined Terms All exhibits and other documents which are <br />referred to in this Amendment are hereby incorporated in this Amendment by reference For all purposes. <br />l;ach capttalized term used herein, and not otherwise defined. shall have the meaning ascnbed to such <br />term in the Loan Agreement, <br />4.7 Entire A,g_r_eement. This Amendment, together with the Loan Agreement, all previous <br />modifications thereto, and the other Loan Documents, constitute the entire understanding and agreement <br />betwee^ JQH, JQH-San 1~larcos and City with respect to the transactions arising in connection with the <br />indebtedness outstanding under the Loan Agreement and supersede all prior written or oral <br />understandings or agreements between JQH, JQH-San Marcos or City with respect to the subject matter <br />addressed in the Loan Documents. In the event of a conflict between this Amendment, the Loan <br />Agreement and other Loan Documents, the terms and conditions of this Amendment shall control JQH <br />and JQH-San Marcos each hereby acknowledge that, except as incorporated in writing in this Amendment <br />or the Loan Documents, there are not, and were not, and no person is or was authorized by Cily to make, <br />any representations, understandings, stipulations, agreements, or promises, oral or written, with respect to <br />the matters addressed in this Amendment or the Loan Documents. <br />THE LOAN AGREEMENT, AND OTHER WRITTEN LOAN DOCUMENTS, AS <br />MODIFIED BY THE PROVISIONS OF THIS AMENDMENT, REPRESENT THE <br />l+'INAL AGREEIVIENT BETWEEN TIIE PARTIES AND MAY NOT DE <br />CONTRADICTED BY EVIDENCE. OF PRIOR, CONTEMPORANEOUS, UR <br />SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO <br />UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. <br />iN WITNESS WLIERE,OF, JQLI, JQLi-Bart Marcos and City have executed this Amendment as of <br />the day and year first above written. <br />CITY: <br />CITY OF SAN MARCOS, TEXAS, a Texas municipal <br />corporation <br />By: <br />Dan O'Leary, Ci anager <br />13 <br />X95997 7 <br />