Common use of Prejudgment Remedy Waiver Clause in Contracts

Prejudgment Remedy Waiver. The Mortgagor represents, warrants and acknowledges that the transaction of which this Mortgage is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor are not and will not be used for personal, family or household purposes. MORTGAGOR ACKNOWLEDGES THAT IT HAS THE RIGHT UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, SUBJECT TO CERTAIN LIMITATIONS, TO NOTICE OF AND HEARING ON THE RIGHT OF THE MORTGAGEE TO OBTAIN A PREJUDGEMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGOR. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR HEREBY WAIVES ALL RIGHTS TO NOTICE, JUDICIAL HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER SAID STATUTE OR UNDER ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION IN CONNECTION WITH THE OBTAINING BY MORTGAGEE OF ANY PREJUDGMENT REMEDY IN CONNECTION WITH THIS MORTGAGE. MORTGAGOR FURTHER CONSENTS TO THE ISSUANCE OF ANY PREJUDGEMENT REMEDIES WITHOUT A BOND. NOTWITHSTANDING THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED TO WAIVE ANY RIGHTS WHICH MORTGAGOR MAY HAVE WITH RESPECT TO ANY PROCEEDINGS WHICH MAY BE PERMITTED BY LAW FOLLOWING THE GRANTING OF SUCH PREJUDGMENT REMEDY.

Prejudgment Remedy Waiver. The Mortgagor represents, warrants and acknowledges that the transaction of which this Mortgage is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor are not and will not be used for personal, family or household purposes. THE MORTGAGOR ACKNOWLEDGES THAT IT HAS THE RIGHT LOAN EVIDENCED BY THE NOTE IS A COMMERCIAL TRANSACTION AND WAIVES ITS RIGHTS TO NOTICE AND HEARING UNDER CHAPTER 903a 903A OF THE CONNECTICUT GENERAL STATUTES, SUBJECT TO CERTAIN LIMITATIONS, TO NOTICE OF AND HEARING ON THE RIGHT OF THE MORTGAGEE TO OBTAIN A PREJUDGEMENT REMEDY, SUCH OR AS ATTACHMENT, GARNISHEMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGOR. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR HEREBY WAIVES ALL RIGHTS TO NOTICE, JUDICIAL HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER SAID STATUTE OR UNDER ALLOWED BY ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION IN CONNECTION LAW WITH THE OBTAINING BY MORTGAGEE OF RESPECT TO ANY PREJUDGMENT REMEDY IN CONNECTION WHICH THE MORTGAGEE MAY DESIRE TO USE, AND FURTHER, WAIVES DILIGENCE, DEMAND, PRESENTMENT FOR PAYMENT, NOTICE OF NONPAYMENT, PROTEST AND NOTICE OF PROTEST, AND NOTICE OF ANY RENEWALS OR EXTENSIONS OF THE NOTE. THE MORTGAGOR ACKNOWLEDGES THAT IT MAKES THIS WAIVER KNOWINGLY, WILLINGLY, VOLUNTARILY, WITHOUT DURESS AND ONLY AFTER EXTENSIVE CONSIDERATION OF THE RAMIFICATIONS OF THIS WAIVER WITH THIS MORTGAGEITS ATTORNEY. MORTGAGOR FURTHER CONSENTS TO THE ISSUANCE OF ANY PREJUDGEMENT SUCH PREJUDGMENT REMEDIES WITHOUT A BOND. NOTWITHSTANDING BOND OR OTHER SECURITY AND AGREES NOT TO REQUEST OR FILE MOTIONS SEEKING TO REQUIRE THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED TO WAIVE POSTING OF A BOND UNDER PUBLIC ACT 93-431 IN CONNECTION WITH MORTGAGEE’S EXERCISE OF ANY RIGHTS WHICH MORTGAGOR MAY HAVE WITH RESPECT TO ANY PROCEEDINGS WHICH MAY BE PERMITTED BY LAW FOLLOWING THE GRANTING OF SUCH PREJUDGMENT REMEDYREMEDIES.

Prejudgment Remedy Waiver. The Mortgagor representsTHE GUARANTOR HEREBY REPRESENTS, warrants and acknowledges that the transaction of which this Mortgage is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor are not and will not be used for personal, family or household purposes. MORTGAGOR WARRANTS AND ACKNOWLEDGES THAT IT HAS THE RIGHT UNDER FINANCING EVIDENCED HEREBY IS A COMMERCIAL TRANSACTION WITHIN THE MEANING OF CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, SUBJECT TO CERTAIN LIMITATIONS, AS AMENDED. THE GUARANTOR HEREBY WAIVES ITS RIGHT TO NOTICE OF AND HEARING ON THE RIGHT OF THE MORTGAGEE TO OBTAIN A PREJUDGEMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGOR. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR HEREBY WAIVES ALL RIGHTS TO NOTICE, JUDICIAL PRIOR COURT HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER SAID STATUTE CONNECTICUT GENERAL STATUTES SECTIONS 52-278a ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE AGENT MAY EMPLOY TO ENFORCE ITS RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS. MORE SPECIFICALLY, THE GUARANTOR ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE AGENT’S ATTORNEY MAY, PURSUANT TO, AND IN CONNECTION WITH THE OBTAINING BY MORTGAGEE OF ANY ACCORDANCE WITH, CONN. GEN. STAT. §52-278f, ISSUE A WRIT FOR A PREJUDGMENT REMEDY IN CONNECTION WITH WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS MORTGAGEWAIVER. MORTGAGOR FURTHER CONSENTS THE GUARANTOR ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF ANY PREJUDGEMENT REMEDIES WITHOUT A WRIT FOR PREJUDGMENT REMEDY AS AFORESAID AND THE AGENT ACKNOWLEDGES THE GUARANTOR’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE GUARANTOR FURTHER WAIVES ITS RIGHTS TO REQUEST THAT THE AGENT POST A BOND. NOTWITHSTANDING THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED WITH OR WITHOUT SURETY, TO WAIVE ANY RIGHTS WHICH MORTGAGOR MAY HAVE WITH RESPECT TO ANY PROCEEDINGS WHICH PROTECT GUARANTOR AGAINST DAMAGES THAT MAY BE PERMITTED CAUSED BY LAW FOLLOWING ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY THE GRANTING OF SUCH PREJUDGMENT REMEDYAGENT.

Prejudgment Remedy Waiver. The Mortgagor representsTHE GUARANTOR HEREBY REPRESENTS, warrants and acknowledges that the transaction of which this Mortgage is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor are not and will not be used for personal, family or household purposes. MORTGAGOR WARRANTS AND ACKNOWLEDGES THAT IT HAS THE RIGHT UNDER FINANCING EVIDENCED HEREBY IS A COMMERCIAL TRANSACTION WITHIN THE MEANING OF CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, SUBJECT TO CERTAIN LIMITATIONS, AS AMENDED. THE GUARANTOR HEREBY WAIVES ITS RIGHT TO NOTICE OF AND HEARING ON THE RIGHT OF THE MORTGAGEE TO OBTAIN A PREJUDGEMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGOR. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR HEREBY WAIVES ALL RIGHTS TO NOTICE, JUDICIAL PRIOR COURT HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER SAID STATUTE CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE LENDER MAY EMPLOY TO ENFORCE ITS RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS. MORE SPECIFICALLY, THE GUARANTOR ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE LENDER’S ATTORNEY MAY, PURSUANT TO, AND IN CONNECTION WITH THE OBTAINING BY MORTGAGEE OF ANY ACCORDANCE WITH, CONN. GEN. STATE. §52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY IN CONNECTION WITH WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS MORTGAGEWAIVER. MORTGAGOR FURTHER CONSENTS THE GUARANTOR ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF ANY PREJUDGEMENT REMEDIES WITHOUT A WRIT FOR PREJUDGMENT REMEDY AS AFORESAID AND THE LENDER ACKNOWLEDGES THE GUARANTOR’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE GUARANTOR FURTHER WAIVES ITS RIGHTS TO REQUEST THAT THE LENDER POST A BOND. NOTWITHSTANDING THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED WITH OR WITHOUT SURETY, TO WAIVE ANY RIGHTS WHICH MORTGAGOR MAY HAVE WITH RESPECT TO ANY PROCEEDINGS WHICH PROTECT GUARANTOR AGAINST DAMAGES THAT MAY BE PERMITTED CAUSED BY LAW FOLLOWING ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY THE GRANTING OF SUCH PREJUDGMENT REMEDYLENDER.

Prejudgment Remedy Waiver. The Mortgagor Each of the Tribe and Borrower represents, warrants and acknowledges that the transaction of which this Mortgage Agreement is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor Borrower are not and will not be used for personal, family or household purposes. MORTGAGOR EACH OF THE TRIBE AND BORROWER ACKNOWLEDGES THAT IT HAS THE RIGHT UNDER CHAPTER 903a SECTION 52-278a, ET SEQ., OF THE CONNECTICUT GENERAL STATUTES, SUBJECT TO CERTAIN LIMITATIONS, TO NOTICE OF AND HEARING ON THE RIGHT OF THE MORTGAGEE CREDITORS TO OBTAIN A PREJUDGEMENT PREJUDGMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT GARNISHMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGOREITHER THE TRIBE OR BORROWER. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR EACH OF THE TRIBE AND BORROWER HEREBY WAIVES ALL RIGHTS TO NOTICE, JUDICIAL HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER SAID STATUTE OR UNDER ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION IN CONNECTION WITH THE OBTAINING BY MORTGAGEE THE CREDITORS OF ANY PREJUDGMENT REMEDY IN CONNECTION WITH THIS MORTGAGEAGREEMENT. MORTGAGOR EACH OF THE TRIBE AND BORROWER FURTHER CONSENTS TO THE ISSUANCE OF ANY PREJUDGEMENT PREJUDGMENT REMEDIES WITHOUT A BOND. NOTWITHSTANDING BOND AND AGREES NOT TO REQUEST OR FILE MOTIONS SEEKING TO REQUIRE THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED TO WAIVE POSTING OF A BOND UNDER PUBLIC ACT 93-431 IN CONNECTION WITH THE CREDITORS’ EXERCISE OF ANY RIGHTS WHICH MORTGAGOR MAY HAVE WITH RESPECT TO ANY PROCEEDINGS WHICH MAY BE PERMITTED BY LAW FOLLOWING THE GRANTING OF SUCH PREJUDGMENT REMEDY. EACH OF THE TRIBE AND BORROWER ALSO WAIVES ANY AND ALL OBJECTION WHICH IT MIGHT OTHERWISE ASSERT, NOW OR IN THE FUTURE, TO THE EXERCISE OR USE BY THE CREDITORS OF ANY RIGHT OF SETOFF, REPOSSESSION OR SELF HELP AS MAY PRESENTLY EXIST UNDER STATUTE OR COMMON LAW. THIS SECTION SHALL NOT BE CONSTRUED IN DEROGATION OF THE RIGHTS OF THE TRIBE UNDER SECTION 13.28.

Prejudgment Remedy Waiver. The Mortgagor represents, warrants and acknowledges that the transaction of which this Mortgage is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor are not and will not be used for personal, personal family or household purposes. MORTGAGOR ACKNOWLEDGES THAT IT HAS THE RIGHT UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, SUBJECT TO CERTAIN LIMITATIONS, TO NOTICE OF AND HEARING ON THE RIGHT OF THE MORTGAGEE LENDER TO OBTAIN A PREJUDGEMENT PREJUDGMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT GARNISHMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGOR. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR HEREBY WAIVES ALL RIGHTS TO NOTICE, JUDICIAL HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER SAID STATUTE OR UNDER ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION IN CONNECTION WITH THE OBTAINING BY MORTGAGEE OF ANY PREJUDGMENT REMEDY IN CONNECTION WITH THIS MORTGAGE. MORTGAGOR FURTHER CONSENTS TO THE ISSUANCE OF ANY PREJUDGEMENT PREJUDGMENT REMEDIES WITHOUT A BOND. NOTWITHSTANDING BOND AND AGREES NOT TO REQUEST OR FILE MOTIONS SEEKING TO REQUIRE THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED TO WAIVE POSTING OF A BOND OR ANY RIGHTS WHICH MORTGAGOR MAY HAVE SIMILAR DEVISE IN CONNECTION WITH RESPECT TO MORTGAGEE’S EXERCISE OF ANY PROCEEDINGS WHICH MAY BE PERMITTED BY LAW FOLLOWING THE GRANTING OF SUCH PREJUDGMENT REMEDY. MORTGAGOR ALSO WAIVES ANY AND ALL OBJECTION WHICH IT MIGHT OTHERWISE ASSERT, NOW OR IN THE FUTURE, TO THE EXERCISE OR USE BY MORTGAGEE OF ANY RIGHT OF SETOFF, REPOSSESSION OR SELF HELP AS MAY PRESENTLY EXIST UNDER STATUTE OR COMMON LAW. Mortgagee is specifically permitted, as its option and in its discretion, to make additional loans and future advances under this Mortgage as contemplated by Section 49-2(a) and (b) of the Connecticut General Statutes, and shall have all rights, powers and protections allowed thereunder. Each and every such loan or advance shall be secured by this Mortgage equally with, and with the same priority as, the original indebtedness secured hereby; provided, however, that (i) no advance shall cause the principal amount of the Obligations secured hereby to exceed the amount set forth above; and (ii) the time of repayment thereof shall not exceed the maturity of the original Indebtedness secured hereby as stated above. The Revolving Loans secured by the Mortgage is a variable interest rate loan as more particularly described in the Financing Agreement and the Note but changes in the interest rate will not affect the maximum term of the Revolving Loans or the Maturity Date. This Mortgage is made upon THE STATUTORY CONDITIONS. If the Revolving Loans and all other obligations shall be fully paid in accordance with its terms and if all of the covenants and agreements of Mortgagor under the Note, this Mortgage, the Financing Agreement and the other Loan Documents shall be fully and faithfully performed, observed and complied with, and if the Financing Agreement shall be terminated as it relates to the Mortgaged Property as shall be evidenced by a release of this Mortgage duly executed by Mortgagee and recorded in the Land Records, then this Mortgage shall be void but otherwise it shall remain in full force and effect.

Prejudgment Remedy Waiver. The Mortgagor Each of the Tribe and Borrower ------------------------- represents, warrants and acknowledges that the transaction of which this Mortgage Agreement is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor Borrower are not and will not be used for personal, family or household purposes. MORTGAGOR EACH OF THE TRIBE AND BORROWER ACKNOWLEDGES THAT IT HAS THE RIGHT UNDER CHAPTER 903a SECTION 52-278a, ET SEQ., OF THE CONNECTICUT GENERAL STATUTES, SUBJECT TO ------ CERTAIN LIMITATIONS, TO NOTICE OF AND HEARING ON THE RIGHT OF THE MORTGAGEE CREDITORS TO OBTAIN A PREJUDGEMENT PREJUDGMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT GARNISHMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGOREITHER THE TRIBE OR BORROWER. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR EACH OF THE TRIBE AND BORROWER HEREBY WAIVES ALL RIGHTS TO NOTICE, JUDICIAL HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER SAID STATUTE OR UNDER ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION IN CONNECTION WITH THE OBTAINING BY MORTGAGEE THE CREDITORS OF ANY PREJUDGMENT REMEDY IN CONNECTION WITH THIS MORTGAGEAGREEMENT. MORTGAGOR EACH OF THE TRIBE AND BORROWER FURTHER CONSENTS TO THE ISSUANCE OF ANY PREJUDGEMENT PREJUDGMENT REMEDIES WITHOUT A BOND. NOTWITHSTANDING BOND AND AGREES NOT TO REQUEST OR FILE MOTIONS SEEKING TO REQUIRE THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED TO WAIVE POSTING OF A BOND UNDER PUBLIC ACT 93-431 IN CONNECTION WITH THE CREDITORS' EXERCISE OF ANY RIGHTS WHICH MORTGAGOR MAY HAVE WITH RESPECT TO ANY PROCEEDINGS WHICH MAY BE PERMITTED BY LAW FOLLOWING THE GRANTING OF SUCH PREJUDGMENT REMEDY. EACH OF THE TRIBE AND BORROWER ALSO WAIVES ANY AND ALL OBJECTION WHICH IT MIGHT OTHERWISE ASSERT, NOW OR IN THE FUTURE, TO THE EXERCISE OR USE BY THE CREDITORS OF ANY RIGHT OF SETOFF, REPOSSESSION OR SELF HELP AS MAY PRESENTLY EXIST UNDER STATUTE OR COMMON LAW. THIS SECTION SHALL NOT BE CONSTRUED IN DEROGATION OF THE RIGHTS OF THE TRIBE UNDER SECTION 13.28.

Prejudgment Remedy Waiver. The Mortgagor representsTO INDUCE TKV TO ENTER INTO THE COMMERCIAL LOAN TRANSACTIONS EVIDENCED BY THE CREDIT AGREEMENT, warrants and acknowledges that the transaction of which this Mortgage is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor are not and will not be used for personalTHE NOTES, family or household purposes. MORTGAGOR ACKNOWLEDGES AND ANY OTHER LOAN DOCUMENTS, GUARANTOR AGREES THAT IT HAS THE THIS IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, SUBJECT TO CERTAIN LIMITATIONSAS AMENDED, TO NOTICE OF AND HEARING ON THE RIGHT OF THE MORTGAGEE TO OBTAIN A PREJUDGEMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGOR. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR HEREBY WAIVES ALL RIGHTS TO NOTICE, JUDICIAL HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER SAID STATUTE OR UNDER ANY OTHER FEDERAL OR STATE OR FEDERAL STATUTE OR CONSTITUTION STATUTES OR FOREIGN LAWS AFFECTING PREJUDGMENT REMEDIES, AND AUTHORIZES TKV’S ATTORNEY TO ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER, AND WAIVES ANY CLAIM IN CONNECTION WITH TORT, CONTRACT OR OTHERWISE AGAINST TKV’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. FURTHER, IN THE OBTAINING BY MORTGAGEE EVENT TKV SEEKS TO TAKE POSSESSION OF ANY OR ALL OF GUARANTOR’S PROPERTIES OR OTHER ASSETS BY COURT PROCESS OR OTHER METHOD AVAILABLE UNDER THE LAW, GUARANTOR IRREVOCABLY WAIVES ANY BOND AND ANY SURETY OR SECURITY RELATING THERETO REQUIRED BY ANY STATUTE, COURT RULE OR OTHERWISE AS AN INCIDENT TO SUCH POSSESSION, AND WAIVES ANY DEMAND FOR POSSESSION PRIOR TO THE COMMENCEMENT OF ANY SUIT OR ACTION TO RECOVER WITH RESPECT THERETO. SPECIFICALLY, GUARANTOR RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF TKV’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST GUARANTOR’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY IN CONNECTION WITH THIS MORTGAGEWILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER AND GUARANTOR WILL NOT HAVE THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE GUARANTOR MIGHT CONTEST SUCH A PROCEDURE. MORTGAGOR FURTHER CONSENTS THE INTENT OF GUARANTOR IS TO GRANT TO TKV FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION SHOULD DETERMINE OTHERWISE. FURTHER, TO THE ISSUANCE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GUARANTOR HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF ANY PREJUDGEMENT REMEDIES WITHOUT NOTES AND ANY AND ALL NOTICES OF A BONDLIKE NATURE. NOTWITHSTANDING FURTHER, TO THE EXTENT NOT OTHERWISE EXPRESSLY PROVIDED HEREIN, GUARANTOR EXPRESSLY WAIVES ALL DEFENSES OF SURETYSHIP OR IMPAIRMENT OF COLLATERAL. GUARANTOR CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF TKV HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT TKV WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVERWAIVERS. GUARANTOR ACKNOWLEDGES AND STIPULATES THAT THE WAIVERS GRANTED ABOVE ARE MADE KNOWINGLY, NOTHING HEREIN SHALL BE DEEMED VOLUNTARILY AND INTENTIONALLY AND AFTER FULL CONSULTATION WITH COUNSEL AND CONSTITUTE A MATERIAL INDUCEMENT FOR TKV TO WAIVE ANY RIGHTS WHICH MORTGAGOR MAY HAVE WITH RESPECT TO ANY PROCEEDINGS WHICH MAY BE PERMITTED BY LAW FOLLOWING MAKE THE GRANTING OF SUCH PREJUDGMENT REMEDYLOAN.

Prejudgment Remedy Waiver. The Mortgagor representsGUARANTOR HEREBY REPRESENTS, warrants and acknowledges that the transaction of which this Mortgage is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor are not and will not be used for personal, family or household purposes. MORTGAGOR ACKNOWLEDGES COVENANTS AND AGREES THAT IT HAS THE RIGHT UNDER CHAPTER 903a TRANSACTION TO WHICH THE LOAN DOCUMENTS RELATE IS A "COMMERCIAL TRANSACTION" AS DEFINED BY THE GENERAL LAWS OF THE CONNECTICUT GENERAL STATUTES, SUBJECT TO CERTAIN LIMITATIONS, TO NOTICE COMMONWEALTH OF AND HEARING ON THE RIGHT OF THE MORTGAGEE TO OBTAIN A PREJUDGEMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGORMASSACHUSETTS. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR GUARANTOR HEREBY WAIVES ALL RIGHTS TO NOTICE, JUDICIAL NOTICE AND PRIOR COURT HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE UNDER THE RIGHT UNDER SAID STATUTE GENERAL LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, AS AMENDED, OR UNDER ANY OTHER STATE OR FEDERAL STATUTE LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES BORROWER OR CONSTITUTION IN CONNECTION WITH THE OBTAINING BY MORTGAGEE OF ANY PREJUDGMENT REMEDY IN CONNECTION WITH THIS MORTGAGELENDER MAY EMPLOY TO ENFORCE ITS RIGHTS AND REMEDIES HEREUNDER. MORTGAGOR FURTHER CONSENTS GUARANTOR ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR PREJUDGMENT REMEDY BY BORROWER’S OR LENDER’S ATTORNEY, AND BORROWER AND LENDER ACKNOWLEDGE GUARANTOR’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. GUARANTOR FURTHER HEREBY WAIVES ANY PREJUDGEMENT REMEDIES WITHOUT REQUIREMENT OR OBLIGATION OF BORROWER OR LENDER TO POST A BOND. NOTWITHSTANDING THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED TO WAIVE BOND OR OTHER SECURITY IN CONNECTION WITH ANY RIGHTS WHICH MORTGAGOR MAY HAVE WITH RESPECT PREJUDGMENT REMEDY OBTAINED BY BORROWER OR LENDER AND WAIVES ANY OBJECTIONS TO ANY PROCEEDINGS WHICH MAY BE PERMITTED PREJUDGMENT REMEDY OBTAINED BY LAW FOLLOWING THE GRANTING BORROWER OR LENDER BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF SUCH PREJUDGMENT REMEDYGUARANTOR OR ANY OTHER OBLIGATED PARTY TO ANY ACTION BROUGHT BY BORROWER OR LENDER.

Prejudgment Remedy Waiver. The Mortgagor representsEACH AND EVERY MERCHANT AND GUARANTOR OF THIS AGREEMENT, warrants and acknowledges that the transaction of which this Mortgage is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor are not and will not be used for personalAND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY PART OF THIS OBLIGATION, family or household purposes. MORTGAGOR ACKNOWLEDGES HEREBY ACKNOWLEDGE THAT IT HAS THE RIGHT TRANSACTION OF WHICH THIS AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION, AND TO THE EXTENT ALLOWED UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTESSTATUTES SECTIONS 52-278a TO 52-278m, SUBJECT TO CERTAIN LIMITATIONSINCLUSIVE, TO NOTICE OR BY OTHER APPLICABLE LAW EACH AND EVERY MERCHANT AND GUARANTOR OF AND HEARING ON THE RIGHT OF THE MORTGAGEE TO OBTAIN A PREJUDGEMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGOR. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR THIS AGREEMENT HEREBY WAIVES WAIVE (A) ALL RIGHTS TO NOTICE, JUDICIAL NOTICE AND PRIOR COURT HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER SAID STATUTE OR UNDER ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION IN CONNECTION WITH THE OBTAINING ANY AND ALL PREJUDGMENT REMEDIES TO WHICH RCNY MAY BECOME ENTITLED BY MORTGAGEE VIRTUE OF ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENTAND (B) ALL RIGHTS TO REQUEST THAT RCNY POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT SAID MERCHANT OR GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY IN CONNECTION WITH THIS MORTGAGE. MORTGAGOR FURTHER CONSENTS TO THE ISSUANCE SOUGHT OR OBTAINED BY RCNY BY VIRTUE OF ANY PREJUDGEMENT REMEDIES WITHOUT DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY OR GUARANTY AGREEMENT SECURING THIS AGREEMENT. AS A BONDCONDITION OF THIS AGREEMENT AND AS PART OF THE SAID PREJUDGMENT REMEDY WAIVER ABOVE, BUT NOT AN EXCLUSIVE REMEDY, EACH AND EVERY MERCHANT AND GUARANTOR OF THIS AGREEMENT, AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY PART OF THIS OBLIGATION HEREBY ACKNOWLEDGE, UNDERSTAND, AGREE AND CONSENT THAT RCNY MAY ATTACH OR GARNISH ANY AND ALL OF MERCHANT AND GUARANTOR’S MONEY HELD IN ANY BANK ACCOUNT AT ANY BANKING INSTITUTION IF THAT BANKING INSTITUTION HAS A BRANCH OR OFFICE PHYSICALLY LOCATED IN CONNECTICUT AND/OR IS REGISTERED WITH THE SECRETARY OF STATE/AUTHORIZED TO CONDUCT BUSINESS IN CONNECTICUT. NOTWITHSTANDING THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED PARTIES HERETO AGREE THAT THEY HAVE HAD THE OPPORTUNITY TO WAIVE ANY RIGHTS WHICH MORTGAGOR MAY HAVE CONSULT WITH LEGAL COUNSEL OF THEIR OWN CHOOSING WITH RESPECT TO ANY PROCEEDINGS WHICH MAY BE PERMITTED BY LAW FOLLOWING THE GRANTING OF SUCH PREJUDGMENT REMEDYTERMS AND CONDITIONS HEREIN AS WELL AS THEIR MEANING Initials: _________ SECURITY AGREEMENT AND GUARANTY Merchant’s Legal Name: PARTS ID, LLC AND ALL ENTITIES LISTED ON THE “EXHIBIT A” D/B/A: PARTS ID AND ALL ENTITIES LISTED ON THE “EXHIBIT A” Federal ID#: ________________________________________________ Physical Address: 0 XXXXXXXXX XX Xxxx: XXXXXXXX Xxxxx: XX Zip: 08512-3635 Additional Guarantor(s).

Prejudgment Remedy Waiver. The Mortgagor represents, warrants and acknowledges that the transaction of which this Mortgage is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor are not and will not be used for personal, personal family or household purposes. MORTGAGOR XXXXXXXXX ACKNOWLEDGES THAT IT HAS THE RIGHT UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, SUBJECT TO CERTAIN LIMITATIONS, TO NOTICE OF AND HEARING ON THE RIGHT OF THE MORTGAGEE LENDER TO OBTAIN A PREJUDGEMENT PREJUDGMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT GARNISHMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGOR. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR HEREBY XXXXXXXXX XXXXXX WAIVES ALL RIGHTS TO NOTICE, JUDICIAL HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER SAID STATUTE OR UNDER ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION IN CONNECTION WITH THE OBTAINING BY MORTGAGEE OF ANY PREJUDGMENT REMEDY IN CONNECTION WITH THIS MORTGAGE. MORTGAGOR XXXXXXXXX FURTHER CONSENTS TO THE ISSUANCE OF ANY PREJUDGEMENT PREJUDGMENT REMEDIES WITHOUT A BOND. NOTWITHSTANDING BOND AND AGREES NOT TO REQUEST OR FILE MOTIONS SEEKING TO REQUIRE THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED TO WAIVE POSTING OF A BOND OR ANY RIGHTS WHICH MORTGAGOR MAY HAVE SIMILAR DEVISE IN CONNECTION WITH RESPECT TO MORTGAGEE’S EXERCISE OF ANY PROCEEDINGS WHICH MAY BE PERMITTED BY LAW FOLLOWING THE GRANTING OF SUCH PREJUDGMENT REMEDY. XXXXXXXXX ALSO WAIVES ANY AND ALL OBJECTION WHICH IT MIGHT OTHERWISE ASSERT, NOW OR IN THE FUTURE, TO THE EXERCISE OR USE BY MORTGAGEE OF ANY RIGHT OF SETOFF, REPOSSESSION OR SELF HELP AS MAY PRESENTLY EXIST UNDER STATUTE OR COMMON LAW. Mortgagee is specifically permitted, as its option and in its discretion, to make additional loans and future advances under this Mortgage as contemplated by Section 49-2(a) and (b) of the Connecticut General Statutes, and shall have all rights, powers and protections allowed thereunder. Each and every such loan or advance shall be secured by this Mortgage equally with, and with the same priority as, the original indebtedness secured hereby; provided, however, that (i) no advance shall cause the principal amount of the Obligations secured hereby to exceed the amount set forth above; and (ii) the time of repayment thereof shall not exceed the maturity of the original Indebtedness secured hereby as stated above. The Revolving Loans secured by the Mortgage is a variable interest rate loan as more particularly described in the Financing Agreement and the Note but changes in the interest rate will not affect the maximum term of the Revolving Loans or the Maturity Date. This Mortgage is made upon THE STATUTORY CONDITIONS. If the Revolving Loans and all other obligations shall be fully paid in accordance with its terms and if all of the covenants and agreements of Mortgagor under the Note, this Mortgage, the Financing Agreement and the other Loan Documents shall be fully and faithfully performed, observed and complied with, and if the Financing Agreement shall be terminated as it relates to the Mortgaged Property as shall be evidenced by a release of this Mortgage duly executed by Mortgagee and recorded in the Land Records, then this Mortgage shall be void but otherwise it shall remain in full force and effect.

Prejudgment Remedy Waiver. The Mortgagor represents, warrants and acknowledges that the transaction of which this Mortgage is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor are not and will not be used for personal, family or household purposes. MORTGAGOR THE BORROWER ACKNOWLEDGES AND AGREES THAT IT HAS THE TRANSACTION OF WHICH THIS AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION AND WAIVES ANY RIGHT TO A NOTICE AND HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, SUBJECT AS AMENDED, OR ANY OTHER STATUTE OR STATUTES IN CONNECTICUT OR OTHER JURISDICTIONS AFFECTING PREJUDGMENT REMEDIES. THE BORROWER AUTHORIZES THE LENDER’S COUNSEL TO CERTAIN LIMITATIONSISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER, TO NOTICE PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND HEARING ON THE RIGHT WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S COUNSEL WHICH MAY ARISE OUT OF SUCH ISSUANCE OF THE MORTGAGEE TO OBTAIN WRIT FOR A PREJUDGEMENT REMEDYPREJUDGMENT REMEDY WITHOUT COURT ORDER. THE BORROWER ACKNOWLEDGES AND STIPULATES THAT THE WAIVERS AND AUTHORIZATIONS GRANTED HEREIN ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, THE BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXCERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH AS ATTACHMENT, GARNISHEMENT WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGOR. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR HEREBY WAIVES ALL RIGHTS TO NOTICE, JUDICIAL HEARING SCRUTINY OF A COURT OF LAW OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE OTHER OFFICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT UNDER SAID STATUTE TO ANY NOTICE OR UNDER ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION IN CONNECTION WITH PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE OBTAINING BY MORTGAGEE INTENT OF ANY BORROWER IS TO GRANT LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH PREJUDGMENT REMEDY IN CONNECTION WITH THIS MORTGAGE. MORTGAGOR FURTHER CONSENTS AND TO THE ISSUANCE OF ASSURE THAT ANY PREJUDGEMENT REMEDIES WITHOUT A BOND. NOTWITHSTANDING THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED TO WAIVE ANY RIGHTS WHICH MORTGAGOR MAY HAVE WITH RESPECT TO ANY PROCEEDINGS WHICH MAY BE PERMITTED BY LAW FOLLOWING THE GRANTING OF SUCH PREJUDGMENT REMEDYREMEDY IS VALID AND CONSTITUTIONAL.

Prejudgment Remedy Waiver. The Mortgagor Borrower represents, warrants and acknowledges that the transaction of which this Mortgage Agreement is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor Borrower are not and will not be used for personal, family or household purposes. MORTGAGOR BORROWER ACKNOWLEDGES THAT IT HAS THE RIGHT UNDER CHAPTER 903a SECTION 52-278A, ET SEQ., OF THE CONNECTICUT GENERAL STATUTES, SUBJECT TO CERTAIN LIMITATIONS, TO NOTICE OF AND HEARING ON THE RIGHT OF THE MORTGAGEE LENDER TO OBTAIN A PREJUDGEMENT PREJUDGMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT GARNISHMENT OR REPLEVINREPLEVEN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGORTHE BORROWER. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR THE BORROWER HEREBY WAIVES ALL RIGHTS TO NOTICE, JUDICIAL HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER SAID STATUTE OR UNDER ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION IN CONNECTION WITH THE OBTAINING BY MORTGAGEE LENDER OF ANY PREJUDGMENT REMEDY IN CONNECTION WITH THIS MORTGAGEAGREEMENT. MORTGAGOR THE BORROWER FURTHER CONSENTS TO THE ISSUANCE OF ANY PREJUDGEMENT PREJUDGMENT REMEDIES WITHOUT A BOND. NOTWITHSTANDING BOND AND AGREES NOT TO REQUEST OR FILE MOTIONS SEEKING TO REQUIRE THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED TO WAIVE POSTING OF A BOND UNDER SECTION 52-278D IN CONNECTION WITH THE LENDER’S EXERCISE OF ANY RIGHTS WHICH MORTGAGOR MAY HAVE WITH RESPECT TO ANY PROCEEDINGS WHICH MAY BE PERMITTED BY LAW FOLLOWING THE GRANTING OF SUCH PREJUDGMENT REMEDY.

Prejudgment Remedy Waiver. The Mortgagor representsTO INDUCE LENDER TO ACCEPT THIS AGREEMENT, warrants and acknowledges that the transaction of which this Mortgage is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor are not and will not be used for personalBORROWER AND GUARANTOR AGREE THAT THE LOANS EVIDENCED BY THE CONVERTIBLE NOTES, family or household purposes. MORTGAGOR ACKNOWLEDGES THAT IT HAS THE THIS AGREEMENT AND ALL OTHER LOAN DOCUMENTS ARE AND EVIDENCE A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO A NOTICE AND HEARING UNDER CHAPTER 903a 903A OF THE CONNECTICUT GENERAL STATUTES, SUBJECT AS AMENDED, OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES AND AUTHORIZES LENDERS' ATTORNEY TO CERTAIN LIMITATIONSISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER, TO NOTICE PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. BORROWER AND HEARING ON GUARANTOR ACKNOWLEDGE AND STIPULATE THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AND AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER AND GUARANTOR RECOGNIZE AND UNDERSTAND THAT THE RIGHT EXERCISE OF LENDER'S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE MORTGAGEE TO OBTAIN ATTACHMENT OF OR LEVY AGAINST BORROWER AND GUARANTOR'S PROPERTY, AND SUCH WRIT FOR A PREJUDGEMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGOR. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR HEREBY WAIVES ALL RIGHTS TO NOTICE, SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE OFFICER NOR WILL BORROWER AND GUARANTOR HAVE THE RIGHT UNDER SAID STATUTE TO ANY NOTICE OR UNDER ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION IN CONNECTION WITH PRIOR HEARING WHERE BORROWER AND GUARANTOR MIGHT CONTEST SUCH A PROCEDURE. THE OBTAINING BY MORTGAGEE INTENT OF ANY BORROWER AND GUARANTOR IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY IN CONNECTION WITH THIS MORTGAGE. MORTGAGOR FURTHER CONSENTS AND TO THE ISSUANCE OF ASSURE THAT ANY PREJUDGEMENT REMEDIES WITHOUT A BOND. NOTWITHSTANDING THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED TO WAIVE ANY RIGHTS WHICH MORTGAGOR MAY HAVE WITH RESPECT TO ANY PROCEEDINGS WHICH MAY BE PERMITTED BY LAW FOLLOWING THE GRANTING OF SUCH PREJUDGMENT REMEDYREMEDY OBTAINED IS VALID AND CONSTITUTIONAL.

Prejudgment Remedy Waiver. The Mortgagor Borrower represents, warrants and acknowledges that the transaction of which this Mortgage Agreement is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor Borrower are not and will not be used for personal, family or household purposes. MORTGAGOR BORROWER ACKNOWLEDGES THAT IT HAS THE RIGHT UNDER CHAPTER 903a SECTION 52-278A, ET SEQ., OF THE CONNECTICUT GENERAL STATUTES, SUBJECT TO CERTAIN LIMITATIONS, TO NOTICE OF AND HEARING ON THE RIGHT OF THE MORTGAGEE LENDER TO OBTAIN A PREJUDGEMENT PREJUDGMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT GARNISHMENT OR REPLEVINREPLEVEN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGORTHE BORROWER. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR THE BORROWER HEREBY WAIVES ALL RIGHTS TO NOTICE, JUDICIAL HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER SAID STATUTE OR UNDER ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION IN CONNECTION WITH THE OBTAINING BY MORTGAGEE LENDER OF ANY PREJUDGMENT REMEDY IN CONNECTION WITH THIS MORTGAGEAGREEMENT. MORTGAGOR THE BORROWER FURTHER CONSENTS TO THE ISSUANCE OF ANY PREJUDGEMENT PREJUDGMENT REMEDIES WITHOUT A BOND. NOTWITHSTANDING BOND AND AGREES NOT TO REQUEST OR FILE MOTIONS SEEKING TO REQUIRE THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED TO WAIVE POSTING OF A BOND UNDER PUBLIC ACT 93-431 IN CONNECTION WITH THE LENDER’S EXERCISE OF ANY RIGHTS WHICH MORTGAGOR MAY HAVE WITH RESPECT TO ANY PROCEEDINGS WHICH MAY BE PERMITTED BY LAW FOLLOWING THE GRANTING OF SUCH PREJUDGMENT REMEDY.

Prejudgment Remedy Waiver. The Mortgagor representsEACH AND EVERY MERCHANT AND GUARANTOR OF THIS AGREEMENT, warrants and acknowledges that the transaction of which this Mortgage is a part is a commercial transaction and not a consumer transactionAND EACH OTHER PERSON OR ENTITY WHO MAY BECO ME LIABLE FOR ALL OR ANY PART OF THlS OBLIGATION. Monies now or in the future to be advanced to or on behalf of Mortgagor are not and will not be used for personalHEREBY ACKNOWL EDGE THAT THE TRANSACTION OF WHICH THIS AGREEMENT JS A PART IS A COMMERCIAL TRANSACTION, family or household purposes. MORTGAGOR ACKNOWLEDGES THAT IT HAS AND TO THE RIGHT EXTENT ALLOWED UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTESSTATUTES SECTIONS 52-278a TO 52-278m, SUBJECT TO CERTAIN LIMITATIONSINCLUSIVE, TO NOTICE OR BY OTHER APPLICABLE LAW EACH AND EVERY MERCHANT AND GUARANTOR OF AND HEARING ON THE RIGHT OF THE MORTGAGEE TO OBTAIN A PREJUDGEMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGOR. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR THIS AGREEMENT HEREBY WAIVES WAIVE (A) ALL RIGHTS TO NOTICE, JUDICIAL NOTICE AND PRIOR COURT HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER SAID STATUTE OR UNDER ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION IN CONNECTION WITH THE OBTAINING ANY AND ALL PREJUDGMENT REMEDIES TO WHICH PURCHASER MAY BECOME ENT!TLED BY MORTGAGEE VIRTUE OF ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENTAND (B) ALL RJGHTS TO REQUEST THAT PURCHASER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT SAID MERCHANT OR GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY IN CONNECTION WITH THIS MORTGAGE. MORTGAGOR FURTHER CONSENTS TO THE ISSUANCE SOUGHT OR OBTAINED BY PURCHASER BY VIRTUE OF ANY PREJUDGEMENT REMEDIES WITHOUT DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURJTY AGREEMENT SECURJNG THIS AGREEMENT. AS PART OF THE SAID PREJUDGM ENT REMEDY WAIVER ABOV, E EACH AND EVERY MERCHANT AND GUARANTOR OF THIS AGREEMENT. AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY PART OF THIS OBLIGATION HEREBY ACKNOWLEDGE, UNDERSTAND, AGREE AND CONSENT THAT PURCHASER MAY ATTACH OR GARNISH ANY AND ALL OF MERCHANT AND GUARANTOR'S MONEY HELD IN ANY BANK ACCOUNT AT A BOND. NOTWITHSTANDING THE FOREGOING WAIVERBANKING INSTITUTION IF THAT BANKING INSTITUTION HAS A BRANCH, NOTHING HEREIN SHALL BE DEEMED ATM OR OFFICE PHYSICALLY LOCATED IN CONNECTICUT AND/OR IS REGISTERED TO WAIVE ANY RIGHTS WHICH MORTGAGOR MAY HAVE WITH RESPECT TO ANY PROCEEDINGS WHICH MAY BE PERMITTED BY LAW FOLLOWING THE GRANTING OF SUCH PREJUDGMENT REMEDYCONDUCT BUSINESS IN CONNECTICUT.

Prejudgment Remedy Waiver. The Mortgagor representsEACH AND EVERY MERCHANT AND GUARANTOR OF THIS AGREEMENT, warrants and acknowledges that the transaction of which this Mortgage is a part is a commercial transaction and not a consumer transaction. Monies now or in the future to be advanced to or on behalf of Mortgagor are not and will not be used for personalAND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY PART OF THIS OBLIGATION, family or household purposes. MORTGAGOR ACKNOWLEDGES HEREBY ACKNOWLEDGE THAT IT HAS THE RIGHT TRANSACTION OF WHICH THIS AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION, AND TO THE EXTENT ALLOWED UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTESSTATUTES SECTIONS 52-278a TO 52-278m, SUBJECT TO CERTAIN LIMITATIONSINCLUSIVE, TO NOTICE OR BY OTHER APPLICABLE LAW EACH AND EVERY MERCHANT AND GUARANTOR OF AND HEARING ON THE RIGHT OF THE MORTGAGEE TO OBTAIN A PREJUDGEMENT REMEDY, SUCH AS ATTACHMENT, GARNISHEMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST MORTGAGOR. NOTWITHSTANDING SUCH RIGHT, MORTGAGOR THIS AGREEMENT HEREBY WAIVES WAIVE (A) ALL RIGHTS TO NOTICE, JUDICIAL NOTICE AND PRIOR COURT HEARING OR PRIOR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER SAID STATUTE OR UNDER ANY OTHER STATE OR FEDERAL STATUTE OR CONSTITUTION IN CONNECTION WITH THE OBTAINING ANY AND ALL PREJUDGMENT REMEDIES TO WHICH RCNY MAY BECOME ENTITLED BY MORTGAGEE VIRTUE OF ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENT AND (B) ALL RIGHTS TO REQUEST THAT RCNY POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT SAID MERCHANT OR GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY IN CONNECTION WITH THIS MORTGAGE. MORTGAGOR FURTHER CONSENTS TO THE ISSUANCE SOUGHT OR OBTAINED BY RCNY BY VIRTUE OF ANY PREJUDGEMENT REMEDIES WITHOUT DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY OR GUARANTY AGREEMENT SECURING THIS AGREEMENT. AS A BONDCONDITION OF THIS AGREEMENT AND AS PART OF THE SAID PREJUDGMENT REMEDY WAIVER ABOVE, BUT NOT AN EXCLUSIVE REMEDY, EACH AND EVERY MERCHANT AND GUARANTOR OF THIS AGREEMENT, AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY PART OF THIS OBLIGATION HEREBY ACKNOWLEDGE, UNDERSTAND, AGREE AND CONSENT THAT RCNY MAY ATTACH OR GARNISH ANY AND ALL OF MERCHANT AND GUARANTOR’S MONEY HELD IN ANY BANK ACCOUNT AT ANY BANKING INSTITUTION IF THAT BANKING INSTITUTION HAS A BRANCH OR OFFICE PHYSICALLY LOCATED IN CONNECTICUT AND/OR IS REGISTERED WITH THE SECRETARY OF STATE/AUTHORIZED TO CONDUCT BUSINESS IN CONNECTICUT. NOTWITHSTANDING THE FOREGOING WAIVER, NOTHING HEREIN SHALL BE DEEMED PARTIES HERETO AGREE THAT THEY HAVE HAD THE OPPORTUNITY TO WAIVE ANY RIGHTS WHICH MORTGAGOR MAY HAVE CONSULT WITH LEGAL COUNSEL OF THEIR OWN CHOOSING WITH RESPECT TO ANY PROCEEDINGS WHICH MAY BE PERMITTED BY LAW FOLLOWING THE GRANTING OF SUCH PREJUDGMENT REMEDYTERMS AND CONDITIONS HEREIN AS WELL AS THEIR MEANING Initials: ________ SECURITY AGREEMENT AND GUARANTY Merchant’s Legal Name: PARTS ID, LLC AND ALL ENTITIES LISTED ON THE “EXHIBIT A” D/B/A: PARTS ID AND ALL ENTITIES LISTED ON THE “EXHIBIT A” Federal ID#: 00-0000000 Physical Address: 0 XXXXXXXXX XX Xxxx: XXXXXXXX Xxxxx: XX Zip: 08512-3635 Additional Guarantor(s).