"Property") (whether junior or senior), or under any other agreement to which Borrower and Lender are parties, and no event has occurred that with notice or lapse of time or both would constitute a default under any of them. Execution of this Agreement shall serve as notice by both parties that there are no known Defaults under the Existing Loan Documents as of the Effective Date, except for the Mechanic's Lien referenced herein in Section 2.3, which must be cured to Lender's satisfaction as of the Effective Date as specified in Section 2.3.
2.2Costs and Expenses. Borrower shall have paid any and all other fees and charges incurred in connection with this Agreement, including, without limitation, reasonable attorneys' fees and fees and expenses relating to the examination of title, title insurance premiums, and recording costs, documentary, transfer or other similar taxes and revenue stamps.
2.3Mechanic's Lien. On April 12, 2024, Borrower received notice of a Mechanic's Lien Affidavit and claim filed by JIVG Enterprises, LLC d/b/a Technical Building Services ("Technical Building Services") under Document number 20240025771 for One Hundred Fourteen Thousand One Hundred and Eighty and No/100 Dollars ($114,180.00) ("Mechanic's Lien"). The Mechanic's Lien is evidence ofa Default by Borrower. Borrower hereby agrees, that to induce Lender to enter into this Agreement, Borrower shall either (i) pay Technical Building Services the entirety of the amount owed under the Mechanic's Lien and provide Lender with proof of payment, whereupon Borrower shall have fifteen (15) days to obtain a full release of the Mechanic's Lien; or (ii) make payment to Lender of the entirety of the amount owed under the Mechanic's Lien plus an additional five percent of the total amount owed to Technical Building Services (approximately $5,709) as of the Effective Date.
3.1Release. As of the date hereof and as of the Effective Date, each of Borrower and Guarantor, for itself and its successors and assigns (collectively, the "Borrower Parties") hereby fully and forever releases, discharges and acquits Lender and its parent, and each of their respective affiliates, subsidiaries, successors and assigns, and the officers, directors, employees and agents of each (collectively, the "Lender Parties"), of and from and against any and all claims, demands, obligations, duties, liabilities, damages, expenses, indebtedness, debts, breaches of contract, duty or relationship, acts, omissions, misfeasance, malfeasance, causes of action, sums of money, accounts, compensation, contracts, controversies, promises, damages, costs, losses and remedies therefor, choses in action, rights of indemnity or liability of any type, kind, nature, description or character whatsoever, and irrespective of how, why or by reason of what facts, whether !mown or unknown, whether liquidated or unliquidated (collectively, "Claims") which any of such Borrower Parties may now have, or heretofore have had against any of said persons, firms or entities, by reason of, arising out of or based upon conduct, events or occurrences on or before the Effective Date relating to: (i) the Loan or the Property; (ii) the review, approval or disapproval of any and all documents, instruments, projections, estimates, plans, specifications, drawings and all other items submitted to Lender in connection with the Loan or the Property; (iii) the disbursements of funds under the Loan; (iv) the amendment or modification of the Loan made pursuant to this Agreement; (v) Lender's acts, statements, conduct, representations and omissions made in connection with the Loan and any amendment or modification relating thereto; or (vi) any fact, matter, transaction or event relating thereto, whether !mown or unknown. Notwithstanding the provisions of the preceding paragraph, nothing contained herein shall be deemed a release of
