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<br />. <br /> <br />. <br /> <br />. <br /> <br />t <br /> <br />2. <br /> <br />AGENCY and PARTICIPANT agreed in said <br /> <br />agreement to open an escrow with First American Title <br /> <br />Insurance Company, 114 E. Fifth Street, Santa Ana, <br />California 92702, hereinafter referred to as "said e~crow." <br /> <br />AGENCY and PARTICIPANT agree that said loan shall be ppid by <br /> <br />PARTICIPANT through said escrow in accordance with "Exhibit <br /> <br />D," "escrow instructions," attachèd hereto and incorporated <br /> <br />herein by reference. <br /> <br />3. <br /> <br />Notwithstanding paragraph 2, <br /> <br />hereinabove, <br /> <br />PARTICIPANT may otherwise repay said loan in whole or in <br /> <br />part at any time prior to the close of said escrow. <br /> <br />4. <br /> <br />On breach by PARTICIPANT of said agreement, <br /> <br />this agreement, or of any promissory note or notes <br /> <br />hereunder, AGENCY may declare the loan immediately due and <br /> <br />payable, and thereupon AGENCY shall be released from any and <br />all obligations to PARTICIPANT hereunder. <br /> <br />5. <br /> <br />waiver by AGENCY of any breach hereof is not <br /> <br />a waiver of any subsequent breach. <br /> <br />6. <br /> <br />Time is of the essence for performance of <br /> <br />this agreement. <br /> <br />7. <br /> <br />This agreement integrates all of the terms <br /> <br />and conditions mentioned herein or incidental hereto, and <br /> <br />supersedes all negotiations or previous agreements between <br /> <br />the parties with respect to all or any part of the subject <br /> <br />matter hereof. <br /> <br />All waivers of any of the provisions of this <br /> <br />agreement must be mutually agreed upon in writing. <br /> <br />This <br /> <br />agreement and any provisions thereof may be amended by <br /> <br />mutual written agreement by PARTICIPANT and AGENCY and such <br /> <br />amendment shall not require the consent of any other person <br /> <br />or entity. <br /> <br />3. <br /> <br />~s- <br /> <br />58 <br />