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LOAN AND SECURITY AGREEMENT <br />Page 6 of 6 <br />17.2.2If to the Borrower, addressed to the address shown below the Borrower’s signature <br />to this Agreement. <br />17.3Any addressee may designate additional or different addresses for communications by notice <br />given under this Sectionto 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 Fundmay 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 Carolinalaw shall govern this Agreement. If any provision of this <br />Agreementshall be determined to be unenforceable, that shall not affect any other provisionof this <br />Agreement.If thedate for making any payment or the last day for performanceof any act or the <br />exercising of anyright 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 Borrowerand the Fundwith 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 />L. BEAU BENNETT, LLCORANGE COUNTY <br />By: _________________________________By: _________________________________ <br /> J. Beau Bennett, Managing Member Bonnie Hammersley, County Manager <br />By: __________________________________ <br /> Lauren E. Bennett, Managing Member <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 />DocuSign Envelope ID: 71A540D4-95BC-4724-9E65-6A85543C95A9