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{B' Nk OF STOCKTON p. 0. BOX 1110 Stockton, CA 95201 ATT: LANDLORD'S [4AIVER WHEREAS, BANK OF STOCKTON has entered into a contract with ENERGY PETROLEUM, INC. , a Corporation, covering a certain Security Agreement granting a security interest in Leaseheld Improvements and Fixtures; together with all increases, replacements and all aor.PS0nn.s thereto: RGY PETROLEUM, INC. , A Corporation, Port Road 21 and MM, NOW INSTALLED OR KEPT AT ENE Stockton, California. The undersigned, landlords of the said premises, in consideration of the said The contract and the delivery of the said chattel to the said purchaser or lessee, presents does waive and relinquish unto the said seller or lessor and assignees, all rights of levy for rent and all claims and demands of every kind against the said chattel to be or now installed, under the said contract, this said waiver to continue until full compliance by said purchaser or lessee with the terms and conditions of said contract, it being agreed that as between the undersigned landlord and said seller or lessor .of said chattel said chattel shall be and remain personal property notwithstanding the fact that it is affixed to the realty and that it shall at all times prior to the complete fulfillment of said contract be freely removable by said seller or lessor . This agreement may be signed in counterparts. set my IN WITNESS WHEREOF hand and seal this day of A.D. , 19 Address Landlord Address Landlord Address Landlord STATE OF CALIFOPNIA COUNTY OF SAN JOAQUIN On this day of before me, a Notary Public in and for said County of San Joaquin, residing therein, duly commissioned and sworn, personally appeared known to me to be the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same. IN [4ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the