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11. No Asuum tion. Notwithstanding any other provisions contained in this <br /> Agreement, Lender does not assume any responsibility or liability for any acts or conduct by any <br /> other person, including, but not limited to, a purchaser at foreclosure or trustee's sale or grantee <br /> under deed in lieu of foreclosure. <br /> 12. Notices. Whenever and wherever in this Agreement, the Lease, or in any <br /> proceeding involving the foreclosure or attempt to foreclose pursuant to the Deed of Trust it shall <br /> be required or permitted that a notice or demand be given, such notice or demand shall be in <br /> writing and be deemed to have been given or served upon receipt or refusal of receipt after being <br /> mailed, postage-prepaid, by certified, registered, or express mail, return receipt requested, or <br /> when delivered in person to the appropriate address set forth above or to such other address as <br /> may be hereafter designated by any party thirty (30)-days in advance by proper notice to the <br /> other. <br /> 13. Amendments. No amendment or modification of this Agreement shall be <br /> valid or binding unless in writing, signed by the party or parties to be bound thereby. <br /> 14. No Merger. The parties hereto agree that unless Lender shall otherwise <br /> consent in writing, Borrower's estate in and to the Property and the leasehold estate created by <br /> the Lease shall not merge, but shall remain separate and distinct, notwithstanding the union of <br /> such estates either in Borrower or Lessee or any third party by purchase, assignment or <br /> otherwise. <br /> 15. Further Certificates. Within ten (10) days after Lender's request, Lessee <br /> shall deliver to Lender and to any person designated by Lender, estoppel certificates executed by <br /> Lessee, certifying (if such is the case) that the Lease is in full force and effect, that there are no <br /> defenses or offsets outstanding under the Lease (or stating those claimed by Lessee, as the case <br /> may be)and such other information about Lessee or the Lease as Lender may reasonably request. <br /> 16. Nondisturbance Agreement. This Agreement satisfies any condition or <br /> requirement in the Lease relating to the granting of a nondisturbance agreement from Lender. <br /> 17. Severability: Choice of Law. In the event any one or more of the <br /> provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or <br /> unenforceable in any respect, such invalidity, illegality, or unenforceability shall, at the option of <br /> the Lender, not_affect any other provisions of this Agreement, but this Agreement shall be <br /> construed as if such invalid,illegal, or unenforceable provision had never been contained herein. _ <br /> This Agreement shall be governed by and construed according to the internal law of the State in <br /> which the Property is located. <br /> 18. Successors. This Agreement shall bind and inure to the benefit of the <br /> parties and their respective successors and assigns. <br /> 19. Counterparts. This Agreement may be executed in one or more <br /> counterparts, each of which shall be deemed an original and all of which together shall constitute <br /> one and the same document. Signature pages may be detached from the counterparts and <br /> attached to a single copy of this Agreement to physically form one document. <br /> -5- <br /> 20380644 <br /> i <br />