Common use of Lender Clause in Contracts

Lender. The word "Lender" means COLORADO STATE BANK OF DENVER, its successors and assigns. NOTE. The word "Note" means the promissory note or credit agreement dated February 27, 1996, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTS. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVE, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is not a restriction on the amount of the indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.

Lender. The word "Each repayment of a Swingline Loan may be accomplished by requesting Revolving Loans which request is not subject to the conditions set forth in Section 5.2. In the event that the Borrower shall fail to timely repay any Swingline Loan, and in any event upon (i) a request by the Swingline Lender" means COLORADO STATE BANK OF DENVER, its successors (ii) the occurrence of an Event of Default described in Section 9.1(f) or (iii) the acceleration of any Loan or termination of any Commitment pursuant to Section 9.2, each other Lender shall irrevocably and assignsunconditionally purchase from the Swingline Lender, without recourse or warranty, an undivided interest and participation in such Swingline Loan in an amount equal to such other Lender's Revolving Commitment Percentage thereof, by directly purchasing a participation in such Swingline Loan in such amount (regardless of whether the conditions precedent thereto set forth in Section 5.2 are then satisfied, whether or not the Borrower has submitted a Notice of Borrowing and whether or not the Commitments are then in effect, any Event of Default exists or all the Loans have been accelerated) and paying the proceeds thereof to the Swingline Lender at the address provided in Section 11.1, or at such other address as the Swingline Lender may designate, in Dollars and in immediately available funds. NOTE. The word "Note" means If such amount is not in fact made available to the promissory note or credit agreement dated February 27Swingline Lender by any Lender, 1996, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 the Swingline Lender shall be entitled to recover such amount on demand from Borrower to such Lender, together with all renewals ofaccrued interest thereon for each day from the date of demand thereof, extensions of, modifications of, refinancings of, consolidations ofat the Federal Funds Rate. If such Lender does not pay such amount forthwith upon the Swingline Lender's demand therefor, and substitutions until such time as such Lender makes the required payment, the Swingline Lender shall be deemed to continue to have outstanding Swingline Loans in the amount of such unpaid participation obligation for all purposes of the promissory note or agreementCredit Documents other than those provisions requiring the other Lenders to purchase a participation therein. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTS. The words "Related Documents" mean Further, such Lender shall be deemed to have assigned any and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds payments made of trustprincipal and interest on its Loans, and all any other instruments, agreements and documents, whether now or hereafter existing, executed amounts due to it hereunder to the Swingline Lender to fund Swingline Loans in connection with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVE, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is not a restriction on the amount of the indebtedness participation in Swingline Loans that such Lender failed to purchase pursuant to this Section 2.3(c) until such amount has been purchased (as a result of Borrower to Lender either in the aggregate such assignment or at any one timeotherwise). If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights The principal amount of Lender under all guaranties Swingline Loans shall be cumulative. This Guaranty shall not (due and payable in full on the Maturity Date, unless specifically provided below accelerated sooner pursuant to Section 9.2 or required to be repaid by the Swingline Lender pursuant to the contrary) affect or invalidate any such other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the foregoing terms of this Guaranty and any such other unterminated guarantiesSection 2.3(c).

Lender. The word Empyrean Investments, LLC, a Delaware limited liability company By: /s/ C. Mxxxxx Xxxxxxx Name: C. Mxxxxx Xxxxxxx Title: Authorized Person BORROWER: SERITAGE GROWTH PROPERTIES, L.P. a Delaware limited partnership By: Seritage Growth Properties its general partner By: /s/ Mxxxxxx Xxxxxxx Name: Mxxxxxx Xxxxxxx Title: Executive Vice President, General Counsel and Secretary GUARANTOR: SERITAGE GROWTH PROPERTIES a Maryland trust By: /s/ Bxxxxxxx Xxxxxx Name: Bxxxxxxx Xxxxxx Title: Chief Executive Officer and President EXHIBIT A FORM OF NOTE $ _______________ ____________, 20__ For value received, the undersigned Seritage Growth Properties, L.P., a Delaware limited partnership (the "Borrower"), hereby promises to pay to the order of ______________________ (the "Lender" means COLORADO STATE BANK OF DENVER") the principal amount of _________________ and ____/100 Dollars ($ ) or, its successors and assigns. NOTE. The word "Note" means if less, the promissory note or credit agreement dated February 27, 1996, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 from Borrower aggregate outstanding principal amount of the Advance (as defined in the Term Loan Agreement referred to Lenderbelow) made by the Lender to the Borrower, together with all renewals ofinterest on the unpaid principal amount of such Advance from the date of such Advance until such principal amount is paid in full, extensions ofat such interest rates, modifications ofand at such times, refinancings ofas are specified in the Term Loan Agreement. This Note is one of the Notes referred to in, consolidations and is entitled to the benefits of, and substitutions for is subject to the promissory note terms of, the Senior Unsecured Term Loan Agreement dated as of December [●], 2017 as the same may be amended or agreementmodified from time to time (the "Term Loan Agreement") among the Borrower, Seritage Growth Properties, a Maryland real estate investment trust (the "Parent"), the Lenders party thereto, JPP, LLC, as the Administrative Agent and the other parties from time to time party thereto. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTSCapitalized terms used in this Note and not otherwise defined in this Note have the meanings assigned to such terms in the Term Loan Agreement. The words "Related Documents" mean and include without limitation all promissory notesTerm Loan Agreement, credit agreementsamong other things, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVE, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND provides for the making of the Advance by the Lender to the Borrower, on the Closing Date, in an aggregate amount equal to the Dollar amount first above mentioned, the indebtedness of the Borrower resulting from the Advance being evidenced by this Note and (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTYcontains provisions for acceleration of the maturity of this Note upon the happening of certain events stated in the Term Loan Agreement. Both principal and interest are payable in lawful money of the United States of America to the Administrative Agent at JPP, LLC, c/o ESL Investments, Inc., 1000 Xxxx Xxxxxxxxx, Suite 200, Bay Harbor Islands, FL 33154, Attention: Exxxxx X. Xxxxxxx, CEO and Hxxxxx X. Talisman, CFO (or at such other location or address as may be specified by the Administrative Agent to the Borrower) in same day funds. The above limitation on liability is not a restriction Lender shall record the Advance and payments of principal made under this Note, but no failure of the Lender to make such recordings shall affect the Borrower's repayment obligations under this Note. Except as specifically provided in the Term Loan Agreement, the Borrower hereby waives presentment, demand, protest, notice of intent to accelerate, notice of acceleration, and any other notice of any kind. No failure to exercise, and no delay in exercising, any rights hereunder on the amount part of the indebtedness holder of Borrower to Lender either this Note shall operate as a waiver of such rights. This Note shall be governed by, and construed and enforced in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantoraccordance with, the rights laws of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. The liability state of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guarantiesNew York.

Lender. The word "Lender" means COLORADO STATE BANK EAST WEST BANK, a California banking corporation By: Xxxxx Xxxx Senior Vice President Sixth Amendment to Loan and Security Agreement EXHIBIT E FORM OF DENVERCOMPLIANCE CERTIFICATE Compliance Certificate To: East West Bank Date: , 202___ Subject: Enservco Corporation, Dillco Fluid Service, Inc., Heat Waves Hot Oil Services LLC, Heat Waves Water Management LLC and Xxxxx Hot Oil Service, LLC Financial Statements In accordance with our Loan and Security Agreement dated as of August 10, 2017, as amended, modified, extended, renewed, supplemented or restated (the “Loan Agreement”), attached are the financial statements of Enservco Corporation and its successors Subsidiaries on a consolidated basis as of and assignsfor the month ended ____________ ____, 20__ (the “Reporting Date”) and the year-to-date period then ended (the “Current Financials”) required to be delivered pursuant to Section 6.2 of the Loan Agreement. NOTEAll terms used in this certificate have the respective meanings given to such terms in the Loan Agreement. The word "Note" means Administrative Borrower certifies that the promissory note or credit agreement dated February 27Current Financials have been prepared in accordance with GAAP and fairly present in all material respects the consolidated financial condition of the Loan Parties as of the date thereof, 1996, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 subject in the case of unaudited statements to changes resulting from audit and normal year-end adjustment. Defaults. (Check one): Administrative Borrower further certifies that: ☐ Except as previously reported in writing to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note there exists no event or agreement. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTS. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now circumstance which is or hereafter existing, executed in connection which with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVEpassage of time, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is not a restriction on the amount giving of the indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guarantiesnotice, or hereafter receives additional guaranties from Guarantorboth would constitute an Event of Default or, if such an event of circumstance exists, a writing attached hereto specifies the nature thereof, the rights period of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below existence thereof and the action that the Loan Parties have taken or propose to take with respect thereto.. ☐ There exists no event or circumstance which is or which with the contrary) affect passage of time, the giving of notice, or invalidate any both would constitute an Event of Default or, if such other guaranties. The liability an event of Guarantor will be circumstance exists, a writing attached hereto specifies the aggregate liability nature thereof, the period of Guarantor under existence thereof and the terms of this Guaranty and any such other unterminated guarantiesaction that the Loan Parties have taken or propose to take with respect thereto.

Lender. The word "Lender" means COLORADO STATE BANK OF DENVERAEP I FXXXX LLC By: Name: Jxxxx Xxxxx Title: President Maximum Loan Amounts Lender Pro Rata Share Maximum Loan Amount AEP I FXXXX LLC 100 % $ 33,500,000 TOTAL 100 % $ 33,500,000 Schedule I to Credit Agreement EXHIBIT A Form of Assignment Agreement This Assignment Agreement (the “Assignment”) is dated as of the Effective Date set forth below and is entered into by and between [Insert name of Assignor] (the “Assignor”) and [Insert name of Assignee] (the “Assignee”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (as it may be amended, its successors and assigns. NOTEsupplemented or otherwise modified from time to time, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The word "Note" means Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment as if set forth herein in full. For an agreed consideration, the promissory note or credit agreement dated February 27, 1996, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 from Borrower Assignor hereby irrevocably sells and assigns to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations ofthe Assignee, and substitutions for the promissory note or agreement. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTS. The words "Related Documents" mean Assignee hereby irrevocably purchases and include without limitation all promissory notesassumes from the Assignor, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, subject to and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection accordance with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVEStandard Terms and Conditions and the Credit Agreement, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is not a restriction on as of the Effective Date inserted by the Administrative Agent as contemplated below, the interest in and to all of the Assignor’s rights and obligations under the Credit Agreement and any other documents or instruments delivered pursuant thereto that represents the amount and percentage interest identified below of all of the indebtedness of Borrower to Lender either in Assignor’s outstanding rights and obligations under the aggregate or at any one time. If Lender presently holds one or more guarantiesrespective facilities identified below (including, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate extent included in any such other guarantiesfacilities) (the “Assigned Interest”). The liability of Guarantor will be Such sale and assignment is without recourse to the aggregate liability of Guarantor under Assignor and, except as expressly provided in this Assignment and the terms of this Guaranty and any such other unterminated guarantiesCredit Agreement, without representation or warranty by the Assignor.

Lender. The word "JPMORGAN CHASE BANK, N.A., as Documentation Agent and Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Vice President Address: 0000 Xxxx Xxxxx Xxxxxx, 00xx Xxxxx Xxxxxxxxx, Xxxx 00000-0000 Attn: Xxxxx X. Xxxxxx Facsimile No.: 000-000-0000 Email: xxxxx.x.xxxxxx@xxxxx.xxx EXHIBIT A to Amended and Restated Loan and Security Agreement NOTE [Date] $ [City, State of Governing Law] XXXXXX TIRE & RUBBER COMPANY, a Delaware corporation (“Cooper”), MAX-TRAC TIRE CO., INC., an Ohio corporation (“Max-Trac”, and together with Cooper, collectively, “Borrowers”), for value received, hereby unconditionally promise to pay, on a joint and several basis, to the order of (“Lender" means COLORADO STATE BANK OF DENVER”), its successors the principal sum of DOLLARS ($ ), or such lesser amount as may be advanced by Lender as Loans and assigns. NOTE. The word "Note" means owing as LC Obligations from time to time under the promissory note or credit agreement dated February 27, 1996, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 from Borrower to LenderLoan Agreement described below, together with all renewals ofaccrued and unpaid interest thereon. Terms are used herein as defined in the Amended and Restated Loan and Security Agreement dated as of July 27, extensions of2011, modifications ofamong Borrowers, refinancings ofBank of America, consolidations ofN.A., as Agent, Lender, and substitutions certain other financial institutions, as such agreement may be amended, modified, renewed or extended from time to time (“Loan Agreement”). Principal of and interest on this Note from time to time outstanding shall be due and payable as provided in the Loan Agreement. This Note is issued pursuant to and evidences Loans and LC Obligations under the Loan Agreement, to which reference is made for a statement of the rights and obligations of Lender and the duties and obligations of Borrowers. The Loan Agreement contains provisions for acceleration of the maturity of this Note upon the happening of certain stated events, and for the promissory note or agreement. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTSborrowing, prepayment and reborrowing of amounts upon specified terms and conditions. The words "Related Documents" mean holder of this Note is hereby authorized by Borrowers to record on a schedule annexed to this Note (or on a supplemental schedule) the amounts owing with respect to Loans and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trustLC Obligations, and all other instrumentsthe payment thereof. Failure to make any notation, agreements and documentshowever, whether now or hereafter existing, executed in connection with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVE, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is shall not a restriction on the amount of the indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, affect the rights of Lender the holder of this Note or any obligations of Borrowers hereunder or under any other Loan Documents. Time is of the essence of this Note. Each Borrower and all guaranties endorsers, sureties and guarantors of this Note hereby severally waive demand, presentment for payment, protest, notice of protest, notice of intention to accelerate the maturity of this Note, diligence in collecting, the bringing of any suit against any party, and any notice of or defense on account of any extensions, renewals, partial payments, or changes in any manner of or in this Note or in any of its terms, provisions and covenants, or any releases or substitutions of any security, or any delay, indulgence or other act of any trustee or any holder hereof, whether before or after maturity. Borrowers jointly and severally agree to pay, and to save the holder of this Note harmless against, any liability for the payment of all costs and expenses (including without limitation reasonable attorneys’ fees) if this Note is collected by or through an attorney-at-law. In no contingency or event whatsoever shall the amount paid or agreed to be paid to the holder of this Note for the use, forbearance or detention of money advanced hereunder exceed the highest lawful rate permitted under Applicable Law. If any such excess amount is inadvertently paid by Borrowers or inadvertently received by the holder of this Note, such excess shall be cumulativereturned to Borrowers or credited as a payment of principal, in accordance with the Loan Agreement. It is the intent hereof that Borrowers not pay or contract to pay, and that holder of this Note not receive or contract to receive, directly or indirectly in any manner whatsoever, interest in excess of that which may be paid by Borrowers under Applicable Law. This Guaranty Note shall not be governed by the laws of the State of New York, without giving effect to any conflict of law principles (unless specifically provided below but giving effect to the contrary) affect or invalidate any such other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guarantiesfederal laws relating to national banks).

Lender. The word "PFM CREDIT RECOVERY FUND I, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: PM BORROWER: CREDOVA SPV I, LLC, a Delaware limited liability company By: /s/ Xxx Xxxx Name: Xxx Xxxx Title: Partner EXHIBIT A FORM OF NOTE November 11, 2021 AMENDED AND RESTATED PROMISSORY NOTE FOR VALUE RECEIVED, the undersigned, CREDOVA SPV I, LLC, a Delaware limited liability company (“Borrower”) hereby promises to pay to the order of PFM CREDIT RECOVERY FUND I, LLC, a Delaware limited liability company (“Lender" means COLORADO STATE BANK OF DENVER”), its successors an amount equal to the lesser of (i) the Maximum Credit and assigns. NOTE. The word "Note" means (ii) the promissory note or credit agreement dated February 27, 1996, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 from Borrower to Lenderunpaid Aggregate Outstanding Advances, together with interest thereon as provided in the Amended and Restated Loan and Security Agreement, as the same may be amended, restated, amended and restated, supplemented or otherwise modified from time to time (the “Loan Agreement”), dated as of November 11, 2021, among Lender and Borrower. Except as otherwise defined herein, capitalized terms used in this Promissory Note (this “Note”) have the respective meanings set forth in the Loan Agreement. This Note has been delivered by Borrower pursuant to the Loan Agreement and represents the Note thereunder. The holder of this Note is entitled to the benefits of the Loan Agreement and may enforce the agreements of Borrower herein and therein and exercise the remedies provided for hereby and thereby or otherwise in respect of this Note. The Aggregate Outstanding Advances shall bear interest from the Closing Date until the date on which the unpaid Advances are reduced to zero as set forth in the Loan Agreement. Interest and principal payments under this Note shall be paid in accordance with Sections 2.3, 2.4, and 2.5 of the Loan Agreement. This Note is secured by and payable from the Collateral. The date, amount and Facility Interest Rate applicable to the Aggregate Outstanding Advances evidenced by this Note and all renewals payments of the principal hereof and interest thereon and the respective dates thereof shall be recorded by the holder of this Note in its internal records and, prior to any transfer of this Note, endorsed by such holder on the schedule attached hereto; provided, however, that the failure of the holder of this Note to make such a notation or any error in such a notation shall not in any manner affect the obligation of Borrower to make payments of principal and interest in accordance with the terms of this Note. There shall be maintained a register by Xxxxxxxx at the address provided for in Section 9.3 of the Loan Agreement, or at the office of any of Borrower’s registered assigns, to record ownership of, extensions ofthe Loan and stated interest thereon and register transfers and exchanges of this Note. No transfer of this Note, modifications ofor rights to the Loan and stated interest thereon, refinancings of, consolidations ofshall be effective unless the transfer has been reflected in the register, and substitutions for before entry into the promissory note register of any transfer of the Note, Borrower shall treat the owner reflected in the register, which shall initially be Xxxxxx, as owner of this Note with the right to receive payments of the Loan and interest hereunder. Borrower and Lender intend that this Note constitute an “obligation issued in registered form” as such term is defined in U.S. Treasury Regulation Section 5f.103-1(c). Xxxxxx agrees to provide Xxxxxxxx a duly completed IRS Form W-8BEN or agreementW-8BEN-E, as applicable, at the time of execution and delivery of this Note or as requested. NOTICE Xxxxxxxx agrees to make any and all tax filing as may be necessary to enable payments of interest to be made hereunder free of any U.S. withholding taxes. ALL ISSUES CONCERNING THE ENFORCEABILITY, VALIDITY AND BINDING EFFECT OF THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO GUARANTOR: AGREEMENTS MADE AND TO BE PERFORMED ENTIRELY WITHIN SUCH STATE WITHOUT APPLICATION OF CONFLICT OF LAW PRINCIPLES (OTHER SECTION 5-1401 OF THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWERNEW YORK GENERAL OBLIGATIONS LAW). RELATED DOCUMENTSUpon the loss, theft, destruction or mutilation of this Note and upon the receipt of indemnity reasonably acceptable to Borrower (provided that an indemnity agreement of Lender shall be satisfactory), Borrower shall execute and deliver in lieu hereof a new Note in the same initial principal amount and with such notations on the schedule attached to such Note as shall evidence all prepayments of the Advances prior to the date of delivery of such replacement Note. The words "Related Documents" mean and include without limitation all promissory notesBorrower hereby waives presentment, credit agreementsdemand, loan agreementsnotice, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, protest and all other instruments, agreements demands and documents, whether now or hereafter existing, executed notices in connection with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVEdelivery, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is not a restriction on the amount acceptance, performance, default or enforcement of the indebtedness of Borrower to Lender either this Note except as otherwise provided in the aggregate or at any one timeLoan Agreement. If Lender presently holds one or more guarantiesCREDOVA SPV I, or hereafter receives additional guaranties from GuarantorLLC, the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. The a Delaware limited liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.company By: Name: Title:

Lender. ATW OPPORTUNITIES MASTER FUND II, LP By: Name: Title: CONSENT AND AGREEMENT The word "Lender" means COLORADO STATE BANK OF DENVERundersigned, its successors referred to in the foregoing senior secured revolving credit facility agreement as a guarantor, hereby consents and assigns. NOTE. The word "Note" means agrees to said senior secured revolving credit facility agreement and to the promissory note or credit agreement dated February 27payment of the amounts contemplated therein, 1996documents contemplated thereby, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations ofrepresentations and warranties made therein, and substitutions for to the promissory note provisions contained therein relating to conditions to be fulfilled and obligations to be performed by it pursuant to or agreement. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTS. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with said senior secured revolving credit facility agreement to the Indebtednesssame extent as if the undersigned were a party to said senior secured revolving credit facility agreement. MAXIMUM LIABILITYGUARANTOR: LD MICRO, INC. THE MAXIMUM LIABILITY Name: Title: STATE OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT ) ) SS. COUNTY OF THE INDEBTEDNESS DESCRIBED ABOVE) The undersigned, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is not a restriction on Notary Public in and for the amount of the indebtedness of Borrower to Lender either said County, in the aggregate or at any one time. If Lender presently holds one or more guarantiesState aforesaid, or hereafter receives additional guaranties from GuarantorDOES HEREBY CERTIFY that ______, Chief Executive Officer of LD Micro, Inc., a Delaware corporation, who is personally known to me to be the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below same person whose name is subscribed to the contraryforegoing, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her own free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this _____ day of ________________, 20____. Notary Public My Commission Expires: INDEX OF EXHIBITS Exhibit A Form of Compliance Certificate Exhibit B Form of Guaranty Exhibit C Form of Pledge Agreement Exhibit D Form of Revolving Note Exhibit E-1 Form of Security Agreement (Borrower) affect or invalidate any such other guaranties. The liability Exhibit E-2 Form of Security Agreement (Subsidiary/Guarantor) Exhibit F Form of Perfection and Diligence Certificate INDEX OF SCHEDULES Schedule 7.1 Subsidiaries Schedule 7.4 Capitalization Schedule 7.18 Real Property Schedule 7.20 IP Rights Schedule 7.28 Bank Accounts and Deposit Accounts Schedule 7.29 Places of Business [Need to update for exceptions] Exhibit A Form of Compliance Certificate Exhibit B Form of Guaranty Agreement Exhibit C Form of Pledge Agreement Exhibit D Form of Revolving Note Exhibit E-1 Form of Security Agreement – Borrower Exhibit E-2 Form of Security Agreement – Guarantor will be the aggregate liability Exhibit F Form of Guarantor under the terms Perfection and Diligence Certificate Schedule 7.1 Subsidiaries [BORROWER TO PROVIDE] Schedule 7.4 Capitalization [BORROWER TO PROVIDE] Schedule 7.18 Real Property [BORROWER TO PROVIDE] Schedule 7.20 IP Rights [BORROWER TO PROVIDE] Schedule 7.28 Bank Accounts and Deposit Accounts Bank: [●] Account Name: [●] Routing Number: [●] Account Number: [●] Authorized Signatories: [●] Schedule 7.29 Places of this Guaranty and any such other unterminated guaranties.Business [BORROWER TO PROVIDE]

Lender. The word "Lender" means COLORADO STATE BANK TRUIST BANK, successor by merger to SunTrust Bank, as a Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Director EXHIBIT A FORM OF DENVERNOTE $______________ _____________, its successors 20__ FOR VALUE RECEIVED, the undersigned (collectively, “Maker”), hereby promises to pay, without offset or counterclaim, to ________________ __________________ (“Payee”), or order, in accordance with the terms of that certain Amended and assignsRestated Credit Agreement, dated as of March ___, 2020, as from time to time in effect, among BLUEROCK RESIDENTIAL HOLDINGS, L.P., Bluerock Residential Growth REIT, Inc., the Subsidiary Credit Parties, KeyBank National Association, for itself and as Agent, and such other Lenders as may be from time to time named therein (the “Credit Agreement”), to the extent not sooner paid, on or before the Maturity Date, the lesser of the principal sum of _________________ ($__________), or such amount as may be advanced by the Payee under the Credit Agreement as one or more Loans with daily interest from the date thereof, computed as provided in the Credit Agreement, on the principal amount hereof from time to time unpaid, at a rate per annum on each portion of the principal amount which shall at all times be equal to the rate of interest applicable to such portion in accordance with the Credit Agreement, and with interest on overdue principal and, to the extent permitted by applicable law, on overdue installments of interest and late charges at the rates provided in the Credit Agreement. NOTEInterest shall be payable on the dates specified in the Credit Agreement, except that all accrued interest shall be paid at the stated or accelerated maturity hereof or upon the prepayment in full hereof. Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Credit Agreement. Payments hereunder shall be made to the Agent for the Payee at 000 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000-0000, or at such other address as Agent may designate from time to time, or made by wire transfer in accordance with wiring instructions provided by the Agent. This Note is one of one or more Notes evidencing borrowings under and is entitled to the benefits and subject to the provisions of the Credit Agreement. The word "Note" means principal of this Note may be due and payable in whole or in part prior to the promissory note or credit agreement dated February 27, 1996, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 from Borrower Maturity Date and is subject to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations ofmandatory prepayment in the amounts and under the circumstances set forth in the Credit Agreement, and substitutions may be prepaid in whole or from time to time in part, all as set forth in the Credit Agreement. Notwithstanding anything in this Note to the contrary, all agreements between the undersigned Maker and the Lenders and the Agent, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of acceleration of the maturity of any of the Obligations or otherwise, shall the interest contracted for, charged or received by the Lenders exceed the maximum amount permissible under Applicable Law. If, from any circumstance whatsoever, interest would otherwise be payable to the Lenders in excess of the maximum lawful amount, the interest payable to the Lenders shall be reduced to the maximum amount permitted under Applicable Law; and if from any circumstance the Lenders shall ever receive anything of value deemed interest by Applicable Law in excess of the maximum lawful amount, an amount equal to any excessive interest shall be applied to the reduction of the principal balance of the Obligations of the undersigned Maker and to the payment of interest or, if such excessive interest exceeds the unpaid balance of principal of the Obligations of the undersigned Maker, such excess shall be refunded to the undersigned Maker. All interest paid or agreed to be paid to the Lenders shall, to the extent permitted by Applicable Law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal of the Obligations of the undersigned Maker (including the period of any renewal or extension thereof) so that the interest thereon for such full period shall not exceed the promissory note maximum amount permitted by Applicable Law. This paragraph shall control all agreements between the undersigned Maker and the Lenders and the Agent. In case an Event of Default shall occur, the entire principal amount of this Note may become or agreementbe declared due and payable in the manner and with the effect provided in said Credit Agreement. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTSThis Note shall be governed by the laws of the State of New York, including, without limitation, New York General Obligations Law Section 5-1401. The words "Related Documents" mean undersigned Maker and include without limitation all promissory notesguarantors and endorsers, credit agreementsto the extent permitted by Applicable Law, loan agreementshereby waive presentment, environmental agreementsdemand, guarantiesnotice, security agreementsprotest, mortgagesnotice of intention to accelerate the indebtedness evidenced hereby, deeds notice of trust, acceleration of the indebtedness evidenced hereby and all other instruments, agreements demands and documents, whether now or hereafter existing, executed notices in connection with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVEdelivery, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is not a restriction on the amount acceptance, performance and enforcement of the indebtedness of Borrower to Lender either this Note, except as specifically otherwise provided in the aggregate Credit Agreement, and assent to extensions of time of payment or at any one time. If Lender presently holds one forbearance or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guarantiesindulgence without notice.

Lender. The word "Lender" means COLORADO STATE THE BANK OF DENVERNASHVILLE By: /s/ Title: Signature page to Second Amendment to Revolving Credit Agreement LENDER: XXXXXXX XXXXX BANK USA By: /s/ Title: Signature page to Second Amendment to Revolving Credit Agreement LENDER: AVENUE BANK By: /s/ Title: Signature page to Second Amendment to Revolving Credit Agreement EXHIBIT A REAFFIRMATION OF OBLIGATIONS UNDER LOAN DOCUMENTS Reference is hereby made to that certain Revolving Credit Agreement dated as of May 28, its successors 2010, among AmSurg Corp. (the “Borrower”), the Lenders party thereto and assignsSunTrust Bank, as Administrative Agent (as amended by that certain First Amendment to Revolving Credit Agreement dated as of the date hereof, the “Credit Agreement”; capitalized terms used herein and not defined herein have the meanings ascribed to such terms in the Credit Agreement). NOTE. The word "Note" means Each of the promissory note undersigned Loan Parties hereby: (i) agrees that (A) the amendments contained in the Second Amendment to Revolving Credit Agreement dated as of the date hereof (the “Second Amendment”) shall not in any way affect the validity and/or enforceability of any Loan Document, or credit agreement dated February 27reduce, 1996impair or discharge the obligations of such Person thereunder and (B) nothing in the Second Amendment is intended, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 from Borrower or shall be construed, to Lenderconstitute a novation or an accord and satisfaction of any of the Obligations or to modify, together with all renewals ofaffect or impair the perfection, extensions of, modifications of, refinancings of, consolidations of, and substitutions for priority or continuation of the promissory note or agreement. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTS. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guarantiessecurity interests in, security agreements, mortgages, deeds of trust, titles to or other Liens on any collateral (including the Collateral) securing the Obligations; (ii) reaffirms its continuing obligations owing to the Administrative Agent and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVE, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is not a restriction on the amount Lenders under each of the indebtedness other Loan Documents to which such Person is a party; and (iii) confirms that the liens and security interests created by the Loan Documents continue to secure the Obligations. Each of the undersigned Loan Parties (other than the Borrower) hereby represents and warrants to the Administrative Agent and the Lenders that each of the representations and warranties applicable to such Loan Party made by the Borrower to Lender either in Section 3 of the aggregate or at any one timeSecond Amendment are true and correct. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties This Reaffirmation shall be cumulative. This Guaranty shall not (unless specifically provided below to construed in accordance with and be governed by the contrary) affect or invalidate any such other guaranties. The liability law of Guarantor will be the aggregate liability State of Guarantor under the terms of this Guaranty and any such other unterminated guarantiesTennessee.

Lender. The word "Lender" means COLORADO STATE U.S. BANK NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION ORGANIZED AND EXISTING UNDER THE LAWS OF DENVERTHE UNITED STATES OF AMERICA, its successors NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS TRUSTEE FOR THE REGISTERED HOLDERS OF WACHOVIA BANK COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-C27 By: LNR Partners, LLC, a Florida limited liability company, as Attorney-in-Fact By: /s/ Xxxxx Xxxxxxxx Xxxxx Xxxxxxxx, President Guarantor hereby acknowledges the modifications to the Loan Agreement made herein and assigns. NOTE. The word "Note" means the promissory note or credit agreement dated February 27, 1996, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 from Borrower hereby ratifies and confirms to Lender, together with as of the date hereof, that all renewals ofof the terms, extensions ofcovenants, modifications ofindemnifications and provisions of the Guaranty of Recourse Obligations dated June 9, refinancings of, consolidations of, 2006 are and substitutions for the promissory note or agreementshall remain in full force and effect without change except as otherwise expressly and specifically modified by this Fifth Amendment. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTS. The words "Related Documents" mean BLUELINX HOLDINGS, INC., a Delaware corporation By: /s/ H. Xxxxxxx Xxxxxxx H. Xxxxxxx Xxxxxxx Chief Financial Officer and include without limitation all promissory notesTreasurer Maryland Loan Guarantor hereby acknowledges the modifications to the Loan Agreement made herein and hereby ratifies and confirms to Lender, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVE, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is not a restriction on the amount as of the indebtedness date hereof, that all of Borrower to Lender either the terms, covenants, indemnifications and provisions of the Guaranty dated June 9, 2006 are and shall remain in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless full force and effect without change except as otherwise expressly and specifically provided below to the contrary) affect or invalidate any such other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the terms of modified by this Guaranty and any such other unterminated guarantiesFifth Amendment.

Lender. The word "Lender" means COLORADO STATE BANK OF DENVERAMERICA, its successors N.A., as Lender By: /s/ Axxx X. Xxxxx Name: Axxx X. Xxxxx Title: Vice President Bank of America, N.A. 100 X. Xx Xxxxx Xx. Xxxxxxx, Xxxxxxxx 00000-0000 Attention: Axxx X. Xxxxx Telephone: 300-000-0000 EXHIBIT A FORM OF NOTE $______________ _____________, 20__ FOR VALUE RECEIVED, the undersigned (collectively, “Maker”), hereby promises to pay, without offset or counterclaim, to ________________ __________________ (“Payee”), or order, in accordance with the terms of that certain Credit Agreement, dated as of __________, 20__, as from time to time in effect, among BLUEROCK RESIDENTIAL HOLDINGS, L.P., the Other Borrowers, KeyBank National Association, for itself and assignsas Agent, and such other Lenders as may be from time to time named therein (the “Credit Agreement”), to the extent not sooner paid, on or before the Maturity Date, the lesser of the principal sum of _________________ ($__________), or such amount as may be advanced by the Payee under the Credit Agreement as one or more Loans with daily interest from the date thereof, computed as provided in the Credit Agreement, on the principal amount hereof from time to time unpaid, at a rate per annum on each portion of the principal amount which shall at all times be equal to the rate of interest applicable to such portion in accordance with the Credit Agreement, and with interest on overdue principal and, to the extent permitted by applicable law, on overdue installments of interest and late charges at the rates provided in the Credit Agreement. NOTEInterest shall be payable on the dates specified in the Credit Agreement, except that all accrued interest shall be paid at the stated or accelerated maturity hereof or upon the prepayment in full hereof. Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Credit Agreement. Payments hereunder shall be made to the Agent for the Payee at 100 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000-0000, or at such other address as Agent may designate from time to time, or made by wire transfer in accordance with wiring instructions provided by the Agent. This Note is one of one or more Notes evidencing borrowings under and is entitled to the benefits and subject to the provisions of the Credit Agreement. The word "Note" means principal of this Note may be due and payable in whole or in part prior to the promissory note or credit agreement dated February 27, 1996, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 from Borrower Maturity Date and is subject to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations ofmandatory prepayment in the amounts and under the circumstances set forth in the Credit Agreement, and substitutions may be prepaid in whole or from time to time in part, all as set forth in the Credit Agreement. Notwithstanding anything in this Note to the contrary, all agreements between the undersigned Maker and the Lenders and the Agent, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of acceleration of the maturity of any of the Obligations or otherwise, shall the interest contracted for, charged or received by the Lenders exceed the maximum amount permissible under Applicable Law. If, from any circumstance whatsoever, interest would otherwise be payable to the Lenders in excess of the maximum lawful amount, the interest payable to the Lenders shall be reduced to the maximum amount permitted under Applicable Law; and if from any circumstance the Lenders shall ever receive anything of value deemed interest by Applicable Law in excess of the maximum lawful amount, an amount equal to any excessive interest shall be applied to the reduction of the principal balance of the Obligations of the undersigned Maker and to the payment of interest or, if such excessive interest exceeds the unpaid balance of principal of the Obligations of the undersigned Maker, such excess shall be refunded to the undersigned Maker. All interest paid or agreed to be paid to the Lenders shall, to the extent permitted by Applicable Law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal of the Obligations of the undersigned Maker (including the period of any renewal or extension thereof) so that the interest thereon for such full period shall not exceed the promissory note maximum amount permitted by Applicable Law. This paragraph shall control all agreements between the undersigned Maker and the Lenders and the Agent. In case an Event of Default shall occur, the entire principal amount of this Note may become or agreementbe declared due and payable in the manner and with the effect provided in said Credit Agreement. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTSThis Note shall be governed by the laws of the State of New York, including, without limitation, New York General Obligations Law Section 5-1401. The words "Related Documents" mean undersigned Maker and include without limitation all promissory notesguarantors and endorsers, credit agreementsto the extent permitted by Applicable Law, loan agreementshereby waive presentment, environmental agreementsdemand, guarantiesnotice, security agreementsprotest, mortgagesnotice of intention to accelerate the indebtedness evidenced hereby, deeds notice of trust, acceleration of the indebtedness evidenced hereby and all other instruments, agreements demands and documents, whether now or hereafter existing, executed notices in connection with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVEdelivery, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is not a restriction on the amount acceptance, performance and enforcement of the indebtedness of Borrower to Lender either this Note, except as specifically otherwise provided in the aggregate Credit Agreement, and assent to extensions of time of payment or at any one time. If Lender presently holds one forbearance or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guarantiesindulgence without notice.

Lender. The word "Lender" means COLORADO STATE BANK OF DENVERMONTREAL, its successors as a Lender By:_____________________________________ Name: Title: Bank of Montreal 000 Xxxx Xxxxxx, 00xx Xxxxx Xxxxxx, XX 00000 Attention: Xxxxx Xxxxx Telephone: 000-000-0000 EXHIBIT A-1 FORM OF REVOLVING CREDIT NOTE $______________ _____________, 202__ FOR VALUE RECEIVED, the undersigned (the “Maker”), hereby promises to pay to KEYBANK NATIONAL ASSOCIATION (“Payee”), or order, in accordance with the terms of that certain Second Amended and assignsRestated Credit Agreement, dated as of October 8, 2020, as amended by that certain Joinder Agreement dated as of December 11, 2020, as amended by that certain Joinder Agreement dated as of April 15, 2021, as amended by that certain Joinder Agreement dated as of August 11, 2021, as amended by that certain First Amendment to Second Amended and Restated Credit Agreement dated as of August 11, 2021, as amended by that certain Joinder Agreement dated as of November 4, 2021, as amended by that certain Joinder Agreement dated as of December 13, 2021, as amended by that certain Joinder Agreement dated as of March 8, 2022, as further amended by that certain Second Amendment to Second Amended and Restated Credit Agreement dated as of the date hereof, as from time to time in effect, among Plymouth Industrial OP, LP, Plymouth Industrial REIT, Inc., the Subsidiary Guarantors, KeyBank National Association, for itself and as Agent, and such other Lenders as may be from time to time named therein (as amended, and as the same may be further amended, modified, supplemented or restated from time to time, individually and collectively, the “Credit Agreement”), to the extent not sooner paid, on or before the Revolving Credit Maturity Date, the lesser of the principal sum of [_____________ and ___/100 Dollars ($__________)], or such amount as may be advanced by the Payee under the Credit Agreement as a Revolving Credit Loan with daily interest from the date thereof, computed as provided in the Credit Agreement, on the principal amount hereof from time to time unpaid, at a rate per annum on each portion of the principal amount which shall at all times be equal to the rate of interest applicable to such portion in accordance with the Credit Agreement, and with interest on overdue principal and late charges at the rates provided in the Credit Agreement. NOTEInterest shall be payable on the dates specified in the Credit Agreement, except that all accrued interest shall be paid at the stated or accelerated maturity hereof or upon the prepayment in full hereof. Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Credit Agreement. Payments hereunder shall be made to the Agent for the Payee at 000 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000-0000, or at such other address as Agent may designate from time to time, or made by wire transfer in accordance with wiring instructions provided by the Agent. This Note is one of one or more Revolving Credit Notes evidencing borrowings under and is entitled to the benefits and subject to the provisions of the Credit Agreement. The word "Note" means principal of this Note may be due and payable in whole or in part prior to the promissory note or credit agreement dated February 27, 1996, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 from Borrower Revolving Credit Maturity Date and is subject to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations ofmandatory prepayment in the amounts and under the circumstances set forth in the Credit Agreement, and substitutions may be prepaid in whole or from time to time in part, all as set forth in the Credit Agreement. Amounts of the Revolving Credit Loans prepaid under the Credit Agreement prior to the Revolving Credit Maturity Date may be reborrowed. Notwithstanding anything in this Note to the contrary, all agreements between the undersigned Maker and the Lenders and the Agent, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of acceleration of the maturity of any of the Obligations or otherwise, shall the interest contracted for, charged or received by the Lenders exceed the maximum amount permissible under applicable law. If, from any circumstance whatsoever, interest would otherwise be payable to the Lenders in excess of the maximum lawful amount, the interest payable to the Lenders shall be reduced to the maximum amount permitted under applicable law; and if from any circumstance the Lenders shall ever receive anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive interest shall be applied to the reduction of the principal balance of the Obligations of the undersigned Maker and to the payment of interest or, if such excessive interest exceeds the unpaid balance of principal of the Obligations of the undersigned Maker, such excess shall be refunded to the undersigned Maker. All interest paid or agreed to be paid to the Lenders shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal of the Obligations of the undersigned Maker (including the period of any renewal or extension thereof) so that the interest thereon for such full period shall not exceed the promissory note maximum amount permitted by applicable law. This paragraph shall control all agreements between the undersigned Maker and the Lenders and the Agent. In case an Event of Default shall occur, the entire principal amount of this Note may become or agreementbe declared due and payable in the manner and with the effect provided in said Credit Agreement. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTSThis Note shall be governed by the laws of the State of New York, including, without limitation, New York General Obligations Law Section 5-1401. The words "Related Documents" mean undersigned Maker and include without limitation all promissory notesguarantors and endorsers, credit agreementsto the extent permitted by applicable law, loan agreementshereby waive presentment, environmental agreementsdemand, guarantiesnotice, security agreementsprotest, mortgagesnotice of intention to accelerate the indebtedness evidenced hereby, deeds notice of trust, acceleration of the indebtedness evidenced hereby and all other instruments, agreements demands and documents, whether now or hereafter existing, executed notices in connection with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVEdelivery, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is not a restriction on the amount acceptance, performance and enforcement of the indebtedness of Borrower to Lender either this Note, except as specifically otherwise provided in the aggregate Credit Agreement, and assent to extensions of time of payment or at any one time. If Lender presently holds one forbearance or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guarantiesindulgence without notice.

Lender. CREDIT UNION LIQUIDITY SERVICES, LLC, a Texas limited liability company (formerly known as Texans Commercial Capital) By: Name: Xxxx Xxxxxxxxx Title: Treasurer of the Board of Managers STATE OF TEXAS § § COUNTY OF § On this day of 2008, before me, the undersigned Notary Public in and for the State of , personally appeared Xxxx Xxxxxxxxx to me personally known who being by me duly sworn did say that he is the Treasurer of the Board of Managers of Credit Union Liquidity Services, LLC, a Texas limited liability company, executing the foregoing instrument, that the instrument was signed on behalf of the limited liability company by authority of the limited liability company; and said Xxxx Xxxxxxxxx acknowledged the execution of the instrument to be the voluntary act and deed of the limited liability company. Witness my hand and official seal. Notary Public My commission expires: Lender’s Signature Page EXHIBIT A The word "Mortgaged Property EXHIBIT B Form of Letter from Architect [Architect letterhead] Credit Union Liquidity Services, LLC Attn: Xxxx Xxxxxxx 000 Xxxx Xxxxxxxx Xxxx, Suite 650 Richardson, Texas 75081 Re: Letter regarding required entitlements for Behringer Harvard Mountain Village, LLC (“Borrower”) pursuant to that certain First Modification Agreement (“Agreement”) by and between Borrower and Credit Union Liquidity Services, LLC (“Lender" means COLORADO STATE BANK OF DENVER, its successors and assigns”). NOTEDear Xx. Xxxxxxx: All capitalized terms used herein shall have the meanings set forth in or contemplated by the Agreement. The word "Note" means undersigned is the promissory note or credit agreement dated February 27Architect with respect to the Residential Condominium and other Improvements and, 1996knowing and intending that Lender will rely on this letter in deciding whether to advance certain sums to Borrower and take other actions with respect to the Loan, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 from hereby certifies to Lender as follows: Borrower to Lenderhas received all of the Permits, together with all renewals of, extensions of, modifications of, refinancings of, consolidations ofwhich (A) could possibly be obtained given the status of the construction of the Improvements at the present time, and substitutions (B) are necessary in order to accomplish the construction and other matters for which Borrower has requested an Advance. [/s/ Architect] STATE OF ) ) ss. CITY/COUNTY OF ) On this day of 2008, before me, the undersigned Notary Public in and for the promissory note or agreement. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTS. The words "Related Documents" mean and include without limitation all promissory notesState of , credit agreementspersonally appeared to me personally known who being by me duly sworn did say that s/he is the of , loan agreementsexecuting the foregoing instrument, environmental agreements, guaranties, security agreements, mortgages, deeds that the instrument was signed on behalf of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVE, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is not a restriction on the amount by authority of the indebtedness ; and said acknowledged the execution of Borrower the instrument to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. The liability of Guarantor will be the aggregate liability voluntary act and deed of Guarantor under the terms of this Guaranty . Witness my hand and any such other unterminated guaranties.official seal. Notary Public My commission expires: EXHIBIT C Price Schedule UNIT TYPE BR SF List Price $ PSF Exhibit J - Minimum gross sales price 3A 2BR-Flat 1509 $ 1,659,900 $ 1,100.00 $ 1,209,009 3B 2BR-Flat 1402 $ 1,595,000 $ 1,137.66 $ 1,161,739 3D 2BR-Flat 1494 $ 1,695,000 $ 1,134.54 $ 1,234,575 3E 2BR-Flat 1402 $ 1,595,000 $ 1,137.66 $ 1,161,739 3F 2BR-Flat 1440 $ 1,595,000 $ 1,107.64 $ 1,161,739 5B 2BR-Flat 1857 $ 1,995,000 $ 1,074.31 $ 1,453,084 5E 3BR-Flat 2219 $ 2,395,000 $ 1,079.32 $ 1,744,429 4C 3BR-Flat 2105 $ 2,295,000 $ 1,090.26 $ 1,671,592 4E 3BR-Flat 2105 $ 2,295,000 $ 1,090.26 $ 1,671,592 5D 3BR-Flat 1857 $ 1,995,000 $ 1,074.31 $ 1,453,084 3C 3BR-Flat 1458 $ 1,695,000 $ 1,162.55 $ 1,234,575 2A 3BR-Townhome 3105 $ 2,995,000 $ 964.57 $ 2,181,446 2B 3BR-Townhome 3103 $ 2,995,000 $ 965.19 $ 2,181,446 4D 4BR-Flat 2526 $ 2,995,000 $ 1,185.67 $ 2,181,446 4F 4BR-Flat 2526 $ 2,995,000 $ 1,185.67 $ 2,181,446 5A 4BR-Penthouse 3272 $ 4,295,000 $ 1,312.65 $ 3,128,318 3G 4BR-Penthouse 2918 $ 3,895,000 $ 1,334.82 $ 2,836,973 2C 4BR-Penthouse 3568 $ 4,695,000 $ 1,315.86 $ 3,419,663 4G 4BR-Penthouse 3183 $ 4,195,000 $ 1,317.94 $ 3,055,482 5F 4BR-Penthouse 3557 $ 4,695,000 $ 1,319.93 $ 3,419,663 4A 2BR-Deed Res 1026 $ 256,500 $ 250.00 $ 186,825 4B 2BR-Deed Res 1212 $ 303,000 $ 250.00 $ 220,694 5C 2BR-Deed Res 1025 $ 256,250 $ 250.00 $ 186,643 49,869 $ 55,380,650 $ 808.86 $ 40,337,200 EXHIBIT D Approved Budget [to be attached] EXHIBIT E

Lender. The word "Subject to the terms and conditions hereof and of the Amendment Agreement, each Extending Term Lender agrees that the principal amount of Existing Initial Term Loans made by such Lender under the Existing Credit Agreement equal to such Extending Term Lender" means COLORADO STATE BANK OF DENVER’s Initial Term-2 Commitment shall remain outstanding on and after the Restatement Date as Initial Term-2 Loans made pursuant to this Agreement, its successors and assigns. NOTEshall be converted into Initial Term-2 Loans deemed to be made pursuant to this Agreement on the Restatement Date. The word "Note" means the promissory note or credit agreement dated February 27conversion of an Existing Initial Term Loan of an Extending Term Lender shall be deemed to satisfy, 1996dollar for dollar, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 from Borrower such Extending Term Lender’s obligation to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTS. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVE, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is not a restriction make Initial Term-2 Loans on the amount Restatement Date. Such Existing Initial Term Loans of the indebtedness Extending Term Lenders shall on and after the Restatement Date have all of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights and benefits of Lender under all guaranties Initial Term-2 Loans as set forth in this Agreement and the other Loan Documents. Each Extending Term Lender’s Initial Term-2 Commitment shall be cumulativeterminate immediately and without further action on the Restatement Date after giving effect to the conversion of such Lender’s Existing Initial Term Loans to Initial Term-2 Loans on such date. This Guaranty shall not (unless specifically provided below Notwithstanding anything herein to the contrary, all Initial Term-2 Loans of Extending Term Lenders deemed to be made hereunder on the Restatement Date pursuant to this Section 2.01(a)(ii) affect or invalidate any that are Eurodollar Loans will have initial Interest Periods ending on the same dates as the Interest Periods applicable to the Existing Initial Term Loans of such other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guarantiesExtending Term Lenders.

Lender. The word "Lender" means COLORADO STATE BANK DOLLAR BANK, FEDERAL SAVINGS BANK, as a Lender By: /s/ Mxxxxxx X. Xxxxxx Name: Mxxxxxx X. Xxxxxx Title: Vice President EXHIBIT A FORM OF DENVERNOTE $ ____________________ __________________, its successors 20 FOR VALUE RECEIVED, HERTZ GROUP REALTY OPERATING PARTNERSHIP, LP, a Delaware limited partnership (“Maker”), hereby promises to pay, without offset or counterclaim, to (“Payee”), or order, in accordance with the terms of that certain Credit Agreement, dated as of , 20 , as from time to time in effect, among Maker, as borrower, HERTZ GROUP REALTY TRUST, INC., as guarantor, KeyBank National Association, for itself and assignsas Agent, and such other Lenders as may be from time to time named therein (the “Credit Agreement”), to the extent not sooner paid, on or before the Maturity Date, the lesser of the principal sum of ($ ), or such amount as may be advanced by the Payee under the Credit Agreement as one or more Loans with daily interest from the date thereof, computed as provided in the Credit Agreement, on the principal amount hereof from time to time unpaid, at a rate per annum on each portion of the principal amount which shall at all times be equal to the rate of interest applicable to such portion in accordance with the Credit Agreement, and with interest on overdue principal and, to the extent permitted by applicable law, on overdue installments of interest and late charges at the rates provided in the Credit Agreement. NOTEInterest shall be payable on the dates specified in the Credit Agreement, except that all accrued interest shall be paid at the stated or accelerated maturity hereof or upon the prepayment in full hereof. Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Credit Agreement. Payments hereunder shall be made to the Agent for the Payee at 100 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000-0000, or at such other address as Agent may designate from time to time, or made by wire transfer in accordance with wiring instructions provided by the Agent. This Note is one of one or more Notes evidencing borrowings under and is entitled to the benefits and subject to the provisions of the Credit Agreement. The word "Note" means principal of this Note may be due and payable in whole or in part prior to the promissory note or credit agreement dated February 27, 1996, IN THE ORIGINAL PRINCIPAL AMOUNT OF $750,000.00 from Borrower Maturity Date and is subject to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations ofmandatory prepayment in the amounts and under the circumstances set forth in the Credit Agreement, and substitutions may be prepaid in whole or from time to time in part, all as set forth in the Credit Agreement. Notwithstanding anything in this Note to the contrary, all agreements between the undersigned Maker and the Lenders and the Agent, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of acceleration of the maturity of any of the Obligations or otherwise, shall the interest contracted for, charged or received by the Lenders exceed the maximum amount permissible under Applicable Law. If, from any circumstance whatsoever, interest would otherwise be payable to the Lenders in excess of the maximum lawful amount, the interest payable to the Lenders shall be reduced to the maximum amount permitted under Applicable Law; and if from any circumstance the Lenders shall ever receive anything of value deemed interest by Applicable Law in excess of the maximum lawful amount, an amount equal to any excessive interest shall be applied to the reduction of the principal balance of the Obligations of the undersigned Maker and to the payment of interest or, if such excessive interest exceeds the unpaid balance of principal of the Obligations of the undersigned Maker, such excess shall be refunded to the undersigned Maker. All interest paid or agreed to be paid to the Lenders shall, to the extent permitted by Applicable Law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal of the Obligations of the undersigned Maker (including the period of any renewal or extension thereof) so that the interest thereon for such full period shall not exceed the promissory note maximum amount permitted by Applicable Law. This paragraph shall control all agreements between the undersigned Maker and the Lenders and the Agent. In case an Event of Default shall occur, the entire principal amount of this Note may become or agreementbe declared due and payable in the manner and with the effect provided in said Credit Agreement. NOTICE TO GUARANTOR: THE NOTE EVIDENCES A REVOLVING LINE OF CREDIT FROM LENDER TO BORROWER. RELATED DOCUMENTSThis Note shall be governed by the laws of the State of New York, including, without limitation, New York General Obligations Law Section 5-1401. The words "Related Documents" mean undersigned Maker and include without limitation all promissory notesguarantors and endorsers, credit agreementsto the extent permitted by Applicable Law, loan agreementshereby waive presentment, environmental agreementsdemand, guarantiesnotice, security agreementsprotest, mortgagesnotice of intention to accelerate the indebtedness evidenced hereby, deeds notice of trust, acceleration of the indebtedness evidenced hereby and all other instruments, agreements demands and documents, whether now or hereafter existing, executed notices in connection with the Indebtedness. MAXIMUM LIABILITY. THE MAXIMUM LIABILITY OF GUARANTOR UNDER THIS GUARANTY SHALL NOT EXCEED AT ANY ONE TIME THE AMOUNT OF THE INDEBTEDNESS DESCRIBED ABOVEdelivery, PLUS ALL COSTS AND EXPENSES OF (a) ENFORCEMENT OF THIS GUARANTY AND (b) COLLECTION AND SALE OF ANY COLLATERAL SECURING THIS GUARANTY. The above limitation on liability is not a restriction on the amount acceptance, performance and enforcement of the indebtedness of Borrower to Lender either this Note, except as specifically otherwise provided in the aggregate Credit Agreement, and assent to extensions of time of payment or at any one time. If Lender presently holds one forbearance or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guarantiesindulgence without notice.