Extract to table

Upon the execution and delivery of this Guaranty, the Original Guaranty shall terminate and be of no further force or effect, and the Original Guarantor shall be fully and unconditionally released from all obligations arising thereunder, as further set forth in Section 10 hereof

NOW, THEREFORE, in consideration of Lender's consent to the Transfer and change of control, Lender's agreement to permit the Loans to remain outstanding, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Guarantor hereby agrees as follows: SECTION 1 — DEFINITIONS As used in this Guaranty, the following terms shall have the meanings set forth below

Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Loan Agreement

3 "Guarantor" shall mean Fairwater Real Estate Investment Trust, a Maryland real estate investment trust

4 "Guarantor Financial Covenants" shall mean the minimum Tangible Net Worth covenant and the minimum Liquid Assets covenant set forth in Section 5 of this Guaranty

5 "Lender" shall mean Pinnacle Federal Bank, N