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DocuSign Envelope ID:5FCOF65D-9139-4E6A-B13C-2B74E389CABD <br /> LOAN AND SECURITY AGREEMENT <br /> 17.3 Any addressee may designate additional or different addresses for communications by notice <br /> given under this Section to each of the others. <br /> 18. The Borrower shall not sell or assign any interest in this Agreement. <br /> 19. The parties intend to limit disclosure of confidential information and trade secrets to the fullest <br /> extent of the law. Any use of confidential information shall be for the benefit of the Borrower. <br /> Notwithstanding anything in the foregoing to the contrary, the Fund may disclose confidential <br /> information pursuant to any governmental, judicial, or administrative order, subpoena, discovery <br /> request, regulatory request or similar method. <br /> 20. The parties intend that North Carolina law shall govern this Agreement. If any provision of this <br /> Agreement shall be determined to be unenforceable, that shall not affect any other provision of this <br /> Agreement. If the date for making any payment or the last day for performance of any act or the <br /> exercising of any right shall not be a business day, such payment shall be made or act performed <br /> or right exercised on or before the next preceding business day. The parties agree that time is of <br /> the essence of this Agreement. <br /> 21. This Agreement, together with the documents referenced in this Agreement, constitutes the entire <br /> agreement between the Borrower and the Fund with respect to its general subject matter. Only a <br /> writing signed on behalf of each party may amend this Agreement. <br /> 22. This Agreement may be executed in two or more counterparts, each of which shall be deemed an <br /> original, but all of which together shall constitute one and the same instrument For purposes <br /> hereof, a facsimile copy of this Agreement, including the signature pages hereto, shall be deemed <br /> to be an original. Notwithstanding the foregoing, the parties shall deliver original execution copies <br /> of this Agreement to one another as soon as practicable following execution thereof. <br /> IN WITNESS WHEREOF, the parties have duly signed, sealed and delivered this Agreement in <br /> duplicate originals as of the day and year first above written. <br /> CHEESE BREAD KING, LLC ORANGE COUNTY <br /> DocuSigned by: DocuSigned by: <br /> By. By. 156 in.bt.lt, I�AaMtMt,V'S� <br /> Flavio C. De©liveira, Managing Member Bonnie Hammersley, County Manager <br /> Exhibits: <br /> A— Form of Promissory Notes <br /> B— Description of Collateral <br /> C - Form of Personal Guaranty <br /> Certificate of Corporate Resolution and Authorization to Borrow <br /> Page 6 of 6 <br />