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, <br /> �,.'°' � �K <br /> , r ' <br /> -28- <br /> The rights of Decatur under this Agreement are assignable in part <br /> or wholly, and any assignee of Decatur shall succeed to and be <br /> possessed of the rights of Decatur hereunder to the extent of the <br /> assignment made, including the right and obligation to make <br /> advances to Cardwell in accordance with this Agreement. <br /> 12 .4 No Agency Relationship. Decatur is not the agent or <br /> representative of Cardwell and this Agreement shall not make <br /> Decatur liable to materialmen, contractors, craftsmen, laborers <br /> or others for goods delivered to or services performed by them <br /> upon the Real Property, or for debts or claims accruing to such <br /> parties against Cardwell, and there is no contractual <br /> relationship, either expressed or implied, between Cardwell and <br /> any materialmen, subcontractors, craftsmen, laborers, or any <br /> other person supplying any work, labor or materials for the <br /> improvement of the Real Property. <br /> 12 .5 Materiality. All covenants, agreements, <br /> representations and warranties made herein and in documents <br /> delivered in the application for or in support of this Agreement <br /> I shall be deemed to have been material and relied on by Decatur <br /> and shall survive the execution and delivery of this Agreement, <br /> the Note and the Collateral Documents and the disbursements and <br /> advances of funds pursuant to this Agreement. <br /> 12 . 6 Successors and Assigns. Cardwell and Decatur as used <br /> herein shall include the successor, legal representatives or <br /> assigns of those parties. <br />