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C. There has been no impermissible change in the ownership of the Property or <br />business since I signed the Loan Documents. <br />D. Borrower is not in default, breach or offset under any term or condition of the <br />Lease; <br />E. Under penalty of perjury, all documents and information I have provided to <br />Lender in connection with this Agreement are true and correct; <br />2. Acknowledgements and Preconditions to Modification and Extension. I understand <br />and acknowledge that: <br />A. If prior to the Modification Effective Date as set forth in Section 3 the Lender <br />determines that any of my representations in Section 1 are no longer true and correct <br />or any covenant in Section 1 has not been performed, the Loan Documents will not <br />be modified and this Agreement will terminate. In that event, the Lender will have <br />all of the rights and remedies provided by the Loan Documents; and <br />B. I understand that the Loan Documents will not be modified unless and until (i) the <br />Lender accepts this Agreement by signing and returning a copy of it to me, and (ii) <br />the Modification Effective Date (as defined in Section 3) has occurred. I further <br />understand and agree that the Lender will not be obligated or bound to make any <br />modification of the Loan Documents if I fail to meet any one of the requirements <br />under this Agreement. <br />3. The Modification and Extension. If my representations and covenants in Section 1 <br />continue to be true in all material respects and all preconditions to the modification set <br />forth in Section 2 have been met, the Loan Documents will automatically become <br />modified on June 1, 2011 (the "Modification Effective Date ") and all unpaid late charges <br />that remain unpaid will added into the principal amount due. The first modified payment <br />will be due on June 28, 2011. <br />A. The Maturity Date will be: May 28, 2016. <br />B. The modified principal balance of my Note will include all amounts and arrearages <br />that will be past due as of the Modification Effective Date (including unpaid and <br />deferred interest, fees, and other costs, and unpaid late charges, collectively, "Unpaid <br />Amounts ") less any amounts paid to the Lender but not previously credited to my <br />Loan. The new principal balance of my Note will be $28,978.96 (the "New Principal <br />Balance "). I understand that by agreeing to add the Unpaid Amounts to the <br />outstanding principal balance, the added Unpaid Amounts accrue interest based on <br />the interest rate in effect under this Agreement. I also understand that this means <br />interest will now accrue on the unpaid Interest that is added to the outstanding <br />principal balance, which would not happen without this Agreement. <br />C. Interest at the rate of I% will begin to accrue on the New Principal Balance as of June <br />1, 2011. The new monthly payment of $500.000 on the New Principal Balance will <br />be due on June 28`" and the same day of each succeeding month until principal and <br />interest are paid in full. My payment schedule for the modified Loan is attached <br />4 <br />