3. Borrower’s Release. For and in consideration of the agreements made herein by Lender and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Borrower, does hereby WAIVE any notice or disclosure (or any defect in the giving of same) provided or required by the Loan Documents or by any applicable law or regulation of the United States governing, or of any state whose law may govern, the origination of or any collection or reporting activity on the Loan Documents or any security therefor, including without limitation Chapter 9 of the Uniform Commercial Code as adopted in such state and the Consumer Credit or equivalent law of such state, the Federal Truth-in- Lending Act, Fair Credit Billing Act, Fair Debt Collection Practices Act, Fair Credit Reporting Act, Real Estate Settlement Procedures Act and any corresponding or similar acts enacted by such state, which may or may not be applicable to the Loan Documents, as well as the laws of such state governing foreclosures on real and personal property (collectively, the “Statutes”), and Borrower does hereby forever RELEASE AND DISCHARGE Lender, Seller and their servicers, predecessors, successors, assigns, officers, managers, directors, shareholders, partners, members, employees, agents, attorneys, representatives, parent corporations, subsidiaries, and affiliates (Lender, the Seller and all other of said parties released hereby being sometimes collectively called "Released Lender Parties" and individually “Released Lender Party”), jointly and severally from any and all claims, counterclaims, demands, damages, debts, agreements, covenants, suits, contracts, obligations, liabilities, accounts, offsets, rights, actions and causes of action of any nature whatsoever, including, without limitation, all claims, demands, and causes of action for contribution and indemnity, whether arising at law or in equity (including without limitation, claims of fraud, duress, control, mistake, negligence, gross negligence, wrongful misconduct, tortious interference, unfair competition, restraint of trade, usury, wrongful acceleration or foreclosure, reporting of this transaction to any governmental entity or agency, damage to or loss of any collateral, disclosure of privileged, protected or confidential information, the use of any incorrect rate or method in computing interest on the Loan Documents, violations of the Statutes), breach of contract, and/or commission of any tort, whether currently possessed or possessed in the future, whether known or unknown, whether liability be direct or indirect, liquidated or unliquidated, whether presently accrued or to accrue hereafter, whether absolute or contingent, foreseen or unforeseen, and whether or not heretofore asserted, arising out of or relating to the Note, the Security Agreement, any other collateral for the Note, or the Loan Documents, which has occurred in whole or in part, at any time prior to the Effective Date and/or the Payment Deadline, but excluding Lender’s breach of its obligations under Sections 2 and 5 of this Agreement. Borrower confirms that it has reviewed the effect of this release with competent legal counsel of its choice, or has been afforded the opportunity to do so, prior to execution of this Agreement, and acknowledge and agree that, the Released Lender Parties are relying upon this release in extending these accommodations. Provided that the conditions of this Agreement have been fulfilled, including but not limited to, the completion of actions referenced in Section 2 hereof, upon the Payment Deadline and Lender’s receipt of the Settlement Payment, Borrower re-affirms this release of the Released Lender Parties.