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Confession of Judgment; Customer Irrevocably authorizes and empowers SCE and SCE's <br />attorneys, upon breach and default by Customer as dsecribed In the preceding section, to appear <br />In any slate or Federal court In Loa Mgoloa County, Cal!farnls, as Custamsre allamoyyandact and <br />confess ]ud men against Customer 6y entry of a confessfon of Judgment pursuant to Qode of Civil <br />Precodure ' 1132 et seq„ or by any other oppropriata means, for the full amount duo plus all <br />coals of ccllocllon, (nciudfng whhout hmltetlon court coals and reasonable allomoys' loos. No <br />single exercise of the fora0 tna power to confess Judgment will be deemed to exhaust the power, <br />whether ar not any euolt oxem a shall he held by any court to be Invalid, voidable or void; but the <br />power w01 continue widMWshed.and may bo exercised from time to time as SCE may elect until <br />an <br />a'mWnts raving under 0 8 OBFggmement have bean paid in full, <br />Modification; Any change to this OBF Agreement must be In writing and ofgned by Customer and <br />SCE; except that during any Divan month, 11 Customer Is unable 5 make full payment an the Loan <br />ONallan, payment ormngemenle may be made at SOS's sale dlsorstion without modl�ng this <br />OBF Agreement in writing, Any wrltten modification of amendment will notbe effective unless and <br />unUl signed by SCE or such condition 15 waived by SCE In Its sole and absolute discretion. <br />Term and Termination: It Is the Partiaa Intent that the term of this OBF Agreement and the EMS <br />Agreement run concurrently. Therefore, the OBF Agreement shall continue In effect until the Loan <br />Obligation Is paid in full. <br />Aselgnmgrih Notwithstanding anything to the contrary In this OBF Agreement, Customer may <br />not assign Its rights or delegate Its duties under the Agreement. <br />Additional Representations: 2eah perean eigning this OBF Agreement represents and warrants <br />that he or she Is duly authorized and has the [ego] capacity to execute and deliver this OBF <br />Agreement on behalf of Customer, and to parfamr their obligations under this OBF Agreement, <br />Customer further represents and warrants that If It Is a legal entity, It Is in good standing in Its'stats <br />of fomhatlon. <br />Miscellaneous: Except as otherwise speolfIcally provided herein, all terms, provisions, <br />covenanta, representations, warranties, agreements and condlilons of the EMS Agroomentahall <br />remain unchanged and In full force and effect. Should a conflict exist botvreen nits OBF <br />Agreement, the EMS Agreement and the documents Incorporated by rafarance, this OBF <br />Agreement shall control. Thfs OBF Agreement shall be construed and Interpreted In accordance <br />with, and shall be governed and enforced In all respects according to, the lays of the State of <br />California. This OBF Agreement may be executed In one or more counterparts, each of which <br />alien be deemed an original but all of which shall constitute one and the same Instrument If any <br />one or more of the provisions contained In this OBF Agreement shall for any reason be held to be <br />Invalid. Illegal or unenforceable In any respect, then this OBF Agreement shall be construed am If <br />such'Invalid, Illegal pr unenforceable tern orproviaten had never been contained hardin and all <br />other provlslcns of Vile OBF Agreement shall Go conobved to remain fully valid, enforceable and <br />binding on tha parties. The Recitals sot forth above am hereby Incorporated heroin by reference. <br />(Remainder of page Intentionally left blank] <br />Form %782 <br />08/2012 <br />25D-15 <br />