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Amendment to Loan and Security Agreement <br /> <br />This Amendment to Loan and Security Agreement (the “Amendment”) is made and entered into <br />between The Cherry Peel, Inc. (“Borrower”) and Orange County (“Lender”). <br />Recitals <br />1. Borrower and Lender entered into a Loan and Security Agreement dated October 27, 2016 (the “Loan <br />Agreement”). <br />2. Borrower and Lender desire to modify and amend the Loan Agreement as provided herein. <br />Amendment <br />For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, <br />Lender and Borrower hereby agree and amend and modify the Loan Agreement as follows: <br />1. Definitions. Except as otherwise provided herein, terms defined in the Loan Agreement shall have the <br />same meaning when used herein. Terms defined in the singular shall have the same meaning when used <br />in the plural and vice versa. <br />2. Amendments. The Loan Documents are hereby modified and amended as follows: <br />(a) Section 17 of the Loan Agreement is amended as follows: <br /> <br />17.2 Any communication under this Agreement shall be sufficiently given and deemed given when <br />delivered by hand or on the date shown as the date of delivery on a United States Postal Service <br />return receipt, if addressed as follows: <br /> <br />17.2.1 If to the County, addressed as follows: Orange County 131 W. Margaret Ln, Hillsborough, <br />NC 27278 <br /> <br />(b) Section 12.11 and 12.12 of the Loan Agreement are deleted: <br />3. References. Each reference in the Loan Documents to any of the Loan Documents shall be deemed to <br />be a reference to such documents as modified hereby. <br />4. Borrower Covenants. Borrower covenants with Lender as follows: <br />(a) Borrower shall execute, deliver, and provide to Lender such additional agreements, documents, and <br />instruments as reasonably required by Lender to effectuate the intent of this Amendment. <br />(b) Borrower hereby fully, finally, and forever releases and discharges Lender and its successors, assigns, <br />directors, employees, agents, and representatives from any and all actions, causes of action, claims, <br />debts, demands, liabilities, obligations, and suits of whatever kind or nature, in law or equity, that <br />Borrower has or in the future may have, whether known or unknown, arising from or relating to the <br />DocuSign Envelope ID: 76A66E14-E268-4DC4-828A-4B255AE49CE1