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LOAN AND SECURITY AGREEMENT <br />Page 2 of 6 <br />6.5Any warranty, representation or statement made by the Borrower in thisAgreement or <br />otherwise to the Fundin connection with this Loan is found to be incorrect or misleading in <br />any material respect; <br />6.6The Fundbelieves in good faith that the prospect of the Borrower’s payment or performance <br />is impaired; <br />6.7The Borrower seeks an order of relief under Federal Bankruptcy laws; <br />6.8The Borrower becomes insolvent; or <br />6.9A federal or state tax lien is filed against the assets of the Borrower. <br />7.Remedies on Default –Upon the continuation of any Event of Default, the Fundmay, without any <br />further demand or notice, exercise any one or more of the following remedies: <br />7.1Declare the unpaid balance of the Note immediately due and payable; <br />7.2Proceed by appropriate court action to enforce the Borrower’s performance of the applicable <br />covenants of this Agreement or to recover for the breach thereof; <br />7.3Pursue collection under the guaranties; <br />7.4Pursue enforcement of the lien of the UCCFinancing Statement; and <br />7.5Avail itself of all other rights and remedies available at law and in equity. <br />8.Further Remedies –In addition to the remedies described in paragraph 7, duringthe continuation <br />of an Event of Default the Fundmay avail itself of all the rights and remedies of a secured party <br />under the UCC, and at its option may: <br />8.1Enter upon Borrower’s premises to take possession of the Collateral or to render it unusable, <br />or require Borrower to assemble the Collateral at any place designated by Fundreasonably <br />convenient to the parties; <br />8.2Give notice to the Borrower before taking any action pursuant to the UCC Financing <br />Statement by mailing such notice to the Borrower’s address as shown in this Agreement, at <br />least ten (10) days before the proposed action. <br />8.3Use the proceeds of the disposition of any Collateralto pay and discharge the Borrower’s <br />obligations as set forth in this Agreement and in the Note;and <br />8.4Without other notice (except as set forth below or in the other documents executed and <br />delivered pursuant to or in connection with the making of the loan contemplated by this <br />Agreement) or demand whatsoever to the Borrower, all of which are hereby waived (to the <br />extent permittedby law), and without advertisement, sell at public or private sale or otherwise <br />realize upon, the whole, or from time to time, any part of the collateral, or any interest which <br />the Borrower may have therein. <br />8.5If any automobile is part of the Collateral, the Borrower agrees that a sale by the Fundof such <br />vehicle at a price based upon a recognized automobile quotation, publication or a sale at a <br />recognized automobile wholesale auction shall be deemed “commercially reasonable.” <br />DocuSign Envelope ID: 71A540D4-95BC-4724-9E65-6A85543C95A9