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DocuSign Envelope ID:56COB206-26C6-403B-9D33-D169069A82E4 <br /> LOAN AND SECURITY AGREEMENT <br /> 10. Costs and expenses related to remedial action - The Borrower agrees that all costs and expenses <br /> (including reasonable attorneys' fees and expenses for legal services of every kind) of, or <br /> incidental to, the custody, care, management, sale or collection of, or realization upon, any <br /> of the Collateral, or in any way relating to the enforcement or protection of the Company's <br /> rights under this Agreement, shall be entitled to the benefits of this Agreement. The <br /> Company may at any time apply to the payment of all such costs and expenses all monies <br /> of the Borrower or other proceeds arising from the possession or disposition of all or any <br /> portion of the Collateral. <br /> 11. Other provisions regarding remedies - The Company may delay or refrain from exercising <br /> any past, present, or future right or remedy hereunder without waiving any such right or <br /> remedy. The Company shall have no obligation to proceed against real or personal <br /> property in preference to the other. <br /> PART FOUR-PROMISES BY THE BORROWER <br /> 12. The Borrower agrees that it will do the following: <br /> 12.1 Operate the Business in full compliance with applicable federal, state, and local laws, <br /> including, without limitation, federal laws relating to equal employment opportunity <br /> and occupational health and safety, the North Carolina State Building Code, and local <br /> building and land use regulations. <br /> 12.2 Promptly perform all obligations of Borrower including the payment, when due, of all <br /> amounts owed to Company secured by this Agreement; <br /> 12.3 Protect and properly care for the Collateral, and allow no Collateral to be misused, <br /> wasted, or allowed to deteriorate except for normal wear and tear; <br /> 12.4 Use the Collateral principally within the State of North Carolina and Orange County, <br /> and not to affix the Collateral to real property unless it is classified as a fixture <br /> hereinabove the requisite information is supplied; <br /> 12.5 Insure all Collateral against theft, loss or destruction, by policies acceptable to <br /> Company and payable to both Borrower and the Company as their interests may <br /> appear; that all applicable licenses and permits be obtained; that the employer ID <br /> number be provided and a privilege license be obtained; and that both property and <br /> liability insurance on the building(s) and contents be procured and maintained by the <br /> Borrower. The Borrower shall provide and maintain hazard insurance (fire and <br /> extended coverage) in an amount acceptable to the Company covering all tangible <br /> Collateral. Mortgagee endorsement is to include this loan. <br /> Page 4 of 9 <br />