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ESBLPLSA <br /> <br />EXPENSES OF COLLECTION <br />In the event of a default under any provision of this Note (and in addition to collecting all principal, <br />interest and other amounts due on this Note) or the North Carolina UCC financing statement, securing <br />this Note or any violation of the Loan Agreement, the County may employ an attorney to enforce the <br />County’s rights and remedies. The Borrower agrees to pay to the County reasonable attorney’s fees not <br />exceeding a sum equal to fifteen per cent (15%) of the outstanding balance owing on the Note, plus all <br />other reasonable expenses incurred by the County in exercising any of the County’s rights and remedies <br />upon default. <br /> <br />COVENANTS <br />All parties to this Note, including the maker and any sureties, endorsers or guarantors, hereby <br />waive (to the extent permitted bylaw) protest, presentment, notice of dishonor and notice of acceleration <br />of maturity and agree to continue to remain bound for the repayment of principal, interest and all other <br />sums due under this Note, notwithstanding any change or changes by way of release, surrender, <br />exchange, modification or substitution of any security for this Note or by way of any extensions of time <br />for the payment of this Note; and all such parties waive (to the extent permitted by law) all and every kind <br />of notice of such change or changes and agree that the same may be made without notice or consent of <br />any of them. <br /> <br />GOVERNING LAW <br />The Borrower and the County intend that North Carolina law shall govern all matters related to <br />this Note. <br /> <br />RIGHTS CUMULATIVE <br />The rights and remedies of the County as provided in this Note and any instrument securing this <br />Note shall be cumulative and may be pursued singly, successively, or together against the property <br />described in the UCC Financing Statement or any other funds, property or security held by the County <br />for payment or security, in the sole discretion of the County. The failure to exercise any such right or <br />remedy shall not be a waiver or release of such rights or remedies or the right to exercise any of them at <br />another time. <br /> <br /> AMENDMENT AND MODIFICATION <br />No waiver by the County of any of the terms and conditions of this Note shall be effective unless <br />it is in writing and signed by the County. No modification or amendment to this Note may be made except <br />in writing, signed by the Borrower and the County. <br /> <br />COUNTERPARTS; SIGNATURES AND AMENDMENTS <br /> This Note 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 hereof, a <br />facsimile copy of this Note, including the signature pages hereto, shall be deemed to be an original. <br />Notwithstanding the foregoing, the parties shall deliver original execution copies of this Note to one <br />another as soon as practicable following execution thereof. <br /> <br /> This Agreement together with any amendments or modifications may be executed <br />electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize <br />electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North <br />Carolina General Statute Chapter 66. <br /> <br /> IN WITNESS WHEREOF, the Borrower has caused this Note to be signed and delivered by its <br />duly authorized officers on the day and year first above written: <br /> <br />DocuSign Envelope ID: 46C5D239-FB14-4B9E-BCC2-18DEF775A68B