Common use of Prejudgment Remedy Waiver Clause in Contracts

Prejudgment Remedy Waiver. THE GUARANTOR HEREBY REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT THE FINANCING EVIDENCED HEREBY IS A COMMERCIAL TRANSACTION WITHIN THE MEANING OF CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED. THE GUARANTOR HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL 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 ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. THE GUARANTOR ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF 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, WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY THE LENDER. 26.

Prejudgment Remedy Waiver. THE EACH AND EVERY GUARANTOR OF THIS AGREEMENT, AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY PART OF THIS OBLIGATION, HEREBY REPRESENTS, WARRANTS AND ACKNOWLEDGES ACKNOWLEDGE THAT THE FINANCING EVIDENCED HEREBY TRANSACTION OF WHICH THIS AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION WITHIN TRANSACTION, AND TO THE MEANING OF CHAPTER 903a OF THE EXTENT ALLOWED UNDER CONNECTICUT GENERAL STATUTESSTATUTES SECTIONS 52-278a TO 52-278m, AS AMENDED. THE INCLUSIVE, OR BY OTHER APPLICABLE LAW EACH AND EVERY GUARANTOR OF THIS AGREEMENT HEREBY WAIVES ITS RIGHT WAIVE (A) ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL LAW IN CONNECTION WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE LENDER TO WHICH PURCHASER 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 BECOME ENTITLED BY VIRTUE OF AN EVENT OF ANY DEFAULT THE LENDER’S ATTORNEY MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OR PROVISION OF THIS WAIVER. THE GUARANTOR ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF 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 AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENTAND (B) ALL RIGHTS TO REQUEST THAT THE LENDER PURCHASER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT SAID GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY PURCHASER BY VIRTUE OF ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENT. Owner(s)/Guarantor(s) Initials [______] AS PART OF THE LENDERSAID PREJUDGMENT REMEDY WAIVER ABOVE, EACH AND EVERY 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 GUARANTOR’S MONEY HELD IN ANY BANK ACCOUNT AT A BANKING INSTITUTION IF THAT BANKING INSTITUTION HAS A BRANCH, ATM OR OFFICE PHYSICALLY LOCATED IN CONNECTICUT AND/OR IS REGISTERED TO CONDUCT BUSINESS IN CONNECTICUT. 26SELLER # 1 (Print) By (First Name): CXXX (Last Name): RXXXXXXXX Email: cxxx.xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Business Phone: (000) 000-0000 (Title): OWNER SELLER # 2 (Print) By (First Name): (Last Name): Email: Business Phone: (Title): OWNER/GUARANTOR # 1 (Print) By (First Name): CXXX (Last Name): RXXXXXXXX Email: cxxx.xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Business Phone: (000) 000-0000 (Title): OWNER OWNER/GUARANTOR # 2 (Print) By (First Name): (Last Name): Email: Business Phone: (Title): Owner(s)/Guarantor(s) Initials [______] EXHIBIT C - ACH AUTHORIZATION This ACH Authorization (the “ACH”) is entered into on 09/19/2023, by and between Fundonatic (“Purchaser”), FIRST PERSON INC d/b/a FIRST PERSON (the “Merchant”) and CXXX XXXXXXXXX (the “Guarantor”) (collectively, the “Parties”).

Prejudgment Remedy Waiver. THE GUARANTOR BORROWER HEREBY REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT THE FINANCING EVIDENCED HEREBY IS A COMMERCIAL TRANSACTION WITHIN THE MEANING OF CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED. THE GUARANTOR BORROWER HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL 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 BORROWER ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE LENDER’S ATTORNEY MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. THE GUARANTOR BORROWER ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR PREJUDGMENT REMEDY AS AFORESAID AND THE LENDER ACKNOWLEDGES THE GUARANTORBORROWER’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE GUARANTOR BORROWER FURTHER WAIVES ITS RIGHTS TO REQUEST THAT THE LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR BORROWER AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY THE LENDER. 26.

Prejudgment Remedy Waiver. THE GUARANTOR BORROWER HEREBY REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT THE FINANCING EVIDENCED HEREBY IS A COMMERCIAL TRANSACTION WITHIN THE MEANING OF CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED. THE GUARANTOR BORROWER HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A 278a ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE LENDER AGENT MAY EMPLOY TO ENFORCE ITS RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS. MORE SPECIFICALLY, THE GUARANTOR BORROWER ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE LENDERAGENT’S ATTORNEY MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATESTAT. §52-278F278f, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. THE GUARANTOR BORROWER ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR PREJUDGMENT REMEDY AS AFORESAID AND THE LENDER AGENT ACKNOWLEDGES THE GUARANTORBORROWER’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE GUARANTOR BORROWER FURTHER WAIVES ITS RIGHTS TO REQUEST THAT THE LENDER AGENT POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR BORROWER AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY THE LENDER. 26AGENT.

Prejudgment Remedy Waiver. THE 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 REPRESENTS, WARRANTS AND ACKNOWLEDGES ACKNOWLEDGE THAT THE FINANCING EVIDENCED HEREBY TRANSACTION OF WHICH THIS AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION WITHIN TRANSACTION, AND TO THE MEANING OF CHAPTER 903a OF THE EXTENT ALLOWED UNDER CONNECTICUT GENERAL STATUTESSTATUTES SECTIONS 52-278a TO 52-278m, AS AMENDED. THE INCLUSIVE, OR BY OTHER APPLICABLE LAW EACH AND EVERY MERCHANT AND GUARANTOR OF THIS AGREEMENT HEREBY WAIVES ITS RIGHT WAIVE (A) ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL LAW IN CONNECTION WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE LENDER TO WHICH PURCHASER 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 BECOME ENTITLED BY VIRTUE OF AN EVENT OF ANY DEFAULT THE LENDER’S ATTORNEY MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OR PROVISION OF THIS WAIVER. THE GUARANTOR ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF 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 AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENTAND (B) ALL RIGHTS TO REQUEST THAT THE LENDER PURCHASER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT SAID MERCHANT OR GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY PURCHASER BY VIRTUE OF ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENT. AS PART OF THE LENDERSAID PREJUDGMENT REMEDY WAIVER ABOVE, 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 BANKING INSTITUTION IF THAT BANKING INSTITUTION HAS A BRANCH, ATM OR OFFICE PHYSICALLY LOCATED IN CONNECTICUT AND/OR IS REGISTERED TO CONDUCT BUSINESS IN CONNECTICUT. 26.Owner(s)/Guarantor(s) Initials [______]

Prejudgment Remedy Waiver. THE GUARANTOR HEREBY REPRESENTS, WARRANTS AND BORROWER ACKNOWLEDGES THAT THE FINANCING EVIDENCED HEREBY IS A COMMERCIAL TRANSACTION WITHIN THE MEANING OF CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED. THE GUARANTOR BORROWER HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A 278a ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THAT EACH OF THE LENDER AGENT AND/OR THE LENDERS MAY EMPLOY TO ENFORCE ITS RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTSHEREUNDER. MORE SPECIFICALLY, THE GUARANTOR BORROWER ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE AGENT'S AND/OR ANY LENDER’S 'S ATTORNEY MAY, PURSUANT TO, AND IN ACCORDANCE WITH, TO CONN. GEN. 3702062.pdf STATESTAT. §SECTION 52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. THE GUARANTOR BORROWER ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR PREJUDGMENT REMEDY AS AFORESAID AND EACH OF THE AGENT AND EACH LENDER ACKNOWLEDGES THE GUARANTOR’S BORROWER'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, WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY THE LENDER. 26.

Prejudgment Remedy Waiver. THE GUARANTOR MORTGAGOR HEREBY REPRESENTS, WARRANTS XXXXXXXTS AND ACKNOWLEDGES AGREES THAT THE FINANCING EVIDENCED HEREBY PROCEEDS OF THE LOAN SHALL BE USED FOR GENERAL COMMERCIAL PURPOSES AND THAT THE TRANSACTION OF WHICH THIS MORTGAGE IS A PART IS A "COMMERCIAL TRANSACTION WITHIN TRANSACTION" AS DEFINED BY THE MEANING STATUTES OF THE STATE OF CONNECTICUT. MORTGAGOR HEREBY WAIVES ALX XXXXXX XX XXXXXX XXX PRIOR COURT HEARING OR COURT ORDER UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED. THE GUARANTOR HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. et seq., AS AMENDED AMENDED, OR UNDER ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE LENDER MORTGAGEE MAY EMPLOY TO ENFORCE ITS RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTSHEREUNDER. MORE SPECIFICALLY, THE GUARANTOR MORTGAGOR ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE LENDER’S XXXXXXXXX'S ATTORNEY MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §TO CONNECTICUT GENERAL STATUTES SECTION 52-278F278f, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. THE GUARANTOR MORTGAGOR ACKNOWLEDGES AND RESERVES ITS REXXXXXX XXS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR PREJUDGMENT REMEDY AS AFORESAID BY MORTGAGEE'S ATTORNEY, AND THE LENDER MORTGAGEE ACKNOWLEDGES THE GUARANTOR’S MORTGAGOR'S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE GUARANTOR MORTGAGOR FURTHER WAIVES ITS RIGHTS HEREBY WXXXXX XXX REQUIREMENT OR OBLIGATION OF MORTGAGEE TO REQUEST THAT THE LENDER POST A BOND, BOND OR OTHER SECURITY IN CONNECTION WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY MORTGAGEE AND WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY MORTGAGEE BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF MORTGAGOR OR ANY OTHER PARTY PRIMARILY OR SECONDARILY LIABLE UNDER ANY OF THE LENDEROTHER LOAN DOCUMENTS TO ANY ACTION BROUGHT BY MORTGAGEE. 26MORTGAGOR ACKNOWLEDGES AND XXXXXX XHAT ALL OF THE WAIVERS CONTAINED IN THIS PARAGRAPH HAVE BEEN MADE KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND INTELLIGENTLY, AND WITH THE ADVISE OF ITS COUNSEL.

Prejudgment Remedy Waiver. THE GUARANTOR BORROWER HEREBY REPRESENTS, WARRANTS COVENANTS AND ACKNOWLEDGES AGREES THAT THE FINANCING EVIDENCED HEREBY PROCEEDS OF THE LOAN SHALL BE USED FOR GENERAL COMMERCIAL PURPOSES AND THAT SUCH LOAN IS A COMMERCIAL TRANSACTION WITHIN AS DEFINED BY THE MEANING OF CHAPTER 903a STATUTES OF THE CONNECTICUT GENERAL STATUTES, AS AMENDEDSTATE OF CONNECTICUT. THE GUARANTOR BORROWER HEREBY WAIVES ITS RIGHT ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS ANNOTATED, SECTION 52-278A ET. SEQ. ., AS AMENDED AMENDED, OR UNDER ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE LENDER BANK MAY EMPLOY TO ENFORCE ITS RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTSHEREUNDER. MORE SPECIFICALLY, THE GUARANTOR BXXXXXXX ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE LENDER’S BANK'S ATTORNEY MAY, PURSUANT TOTO CONNECTICUT GENERAL STATUTES ANNOTATED, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §SECTION 52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. THE GUARANTOR BORROWER ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR PREJUDGMENT REMEDY AS AFORESAID BY BANK'S ATTORNEY, AND THE LENDER BANK ACKNOWLEDGES THE GUARANTOR’S BXXXXXXX'S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE GUARANTOR BORROWER FURTHER HEREBY WAIVES ITS RIGHTS ANY REQUIREMENT OR OBLIGATION OF BANK TO REQUEST THAT THE LENDER POST A BOND, BOND OR OTHER SECURITY IN CONNECTION WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY BANK AND WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY BANK BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY OTHER OBLIGATED PARTY TO ANY ACTION BROUGHT BY BANK. BXXXXXXX ACKNOWLEDGES AND AGREES THAT ALL OF THE LENDERWAIVERS CONTAINED IN THIS SECTION HAVE BEEN MADE KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND INTELLIGENTLY, AND WITH THE ADVICE OF ITS COUNSEL. 26.Executed as an instrument under seal as of February 28, 2023. Witness: Borrower: Sachem Capital Corp., //s/Pxxxx Xxxxxxxxx By: /s/ Jxxx Xxxxx Pxxxx Xxxxxxxxx Jxxx Xxxxx, Chief Financial Officer Accepted: New Haven Bank By: Name: Rxxxxxx Xxxxxxxx Title: Vice President

Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE GUARANTOR HEREBY REPRESENTSCOMMERCIAL LOAN TRANSACTION EVIDENCED BY THIS NOTE, WARRANTS THE LOAN AGREEMENT, AND ACKNOWLEDGES ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THE FINANCING EVIDENCED HEREBY THIS IS A COMMERCIAL TRANSACTION WITHIN THE MEANING OF AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED. THE GUARANTOR HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING , OR COURT ORDER UNDER CONNECTICUT GENERAL OTHER STATUTE OR STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL AFFECTING 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 AUTHORIZES LENDER’S ATTORNEY MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §52-278F, TO ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. THE GUARANTOR ACKNOWLEDGES WAIVER AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY AS AFORESAID WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE LENDER ACKNOWLEDGES EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE GUARANTORATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO SAID ANY NOTICE OR PRIOR HEARING SUBSEQUENT WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER 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 DETERMINES OTHERWISE. FURTHER, TO THE ISSUANCE EXTENT ALLOWED UNDER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF SAID WRITPROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. THE GUARANTOR FURTHER BORROWER WAIVES ITS ALL RIGHTS TO REQUEST THAT THE LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR THE COMPANY AGAINST DAMAGES THAT MAY BE CAUSED CAUSD BY ANY PREJUDGMENT SUCH REMEDY SOUGHT OR OBTAINED BY THE LENDER. 26REMEDIES.

Prejudgment Remedy Waiver. THE GUARANTOR BORROWER HEREBY REPRESENTS, WARRANTS COVENANTS AND ACKNOWLEDGES AGREES THAT THE FINANCING EVIDENCED HEREBY PROCEEDS OF THE LOAN SHALL BE USED FOR GENERAL COMMERCIAL PURPOSES AND THAT THE LOAN IS A “COMMERCIAL TRANSACTION WITHIN TRANSACTION” AS DEFINED BY THE MEANING OF CHAPTER 903a STATUTES OF THE CONNECTICUT GENERAL STATUTES, AS AMENDEDSTATE OF CONNECTICUT. THE GUARANTOR BORROWER HEREBY WAIVES ITS RIGHT ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES STATUTES, SECTIONS 52-278A ET. 278a ET SEQ. ., AS AMENDED AMENDED, OR UNDER ANY OTHER STATE OR FEDERAL 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 DOCUMENTSHEREUNDER. MORE SPECIFICALLY, THE GUARANTOR XXXXXXXX ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE LENDERXXXXXX’S ATTORNEY MAY, PURSUANT TOTO CONNECTICUT GENERAL STATUTES, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §SECTION 52-278F278f, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. THE GUARANTOR BORROWER ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR PREJUDGMENT REMEDY AS AFORESAID BY XXXXXX’S ATTORNEY, AND THE LENDER XXXXXX ACKNOWLEDGES THE GUARANTORXXXXXXXX’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE GUARANTOR BORROWER FURTHER HEREBY WAIVES ITS RIGHTS ANY REQUIREMENT OR OBLIGATION OF LENDER TO REQUEST THAT THE LENDER POST A BOND, BOND OR OTHER SECURITY IN CONNECTION WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY LENDER AND WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY OTHER OBLIGATED PARTY TO ANY ACTION BROUGHT BY XXXXXX. XXXXXXXX ACKNOWLEDGES AND AGREES THAT ALL OF THE LENDERWAIVERS CONTAINED IN THIS SECTION HAVE BEEN MADE KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND INTELLIGENTLY, AND WITH THE ADVICE OF ITS COUNSEL. 26.RIVERBEND CROSSINGS III HOLDINGS LLC By: Riverbend Lehigh Valley Holdings I LLC Its Sole Member By: Xxxxxxx Land & Nurseries, Inc. Its Sole Member By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: President SCHEDULE A Amortization Schedule Payment Date Balance Prior to Payment Principal Payment Amount May 1, 2013 4,025,384.26 9,160.22 June 1, 2013 4,016,224.04 9,160.22 July 1, 2013 4,007,063.82 9,160.22 August 1, 2013 3,997,903.60 9,160.22 September 1, 2013 3,988,743.38 9,160.22 October 1, 2013 3,979,583.16 9,160.22 November 1, 2013 3,970,422.94 9,160.22 December 1, 2013 3,961,262.72 9,160.22 January 1, 2014 3,952,102.50 9,160.22 February 1, 2014 3,942,942.28 9,546.97 March 1, 2014 3,933,395.31 9,546.97 April 1, 2014 3,923,848.34 9,546.97 May 1, 2014 3,914,301.37 9,546.97 June 1, 2014 3,904,754.40 9,546.97 July 1, 2014 3,895,207.43 9,546.97 August 1, 2014 3,885,660.46 9,546.97 September 1, 2014 3,876,113.49 9,546.97 October 1, 2014 3,866,566.52 9,546.97 November 1, 2014 3,857,019.55 9,546.97 December 1, 2014 3,847,472.58 9,546.97 January 1, 2015 3,837,925.61 9,546.97 February 1, 2015 3,828,378.64 9,933.39 March 1, 2015 3,818,445.25 9,933.39 April 1, 2015 3,808,511.86 9,933.39 May 1, 2015 3,798,578.47 9,933.39 June 1, 2015 3,788,645.08 9,933.39 July 1, 2015 3,778,711.69 9,933.39 August 1, 2015 3,768,778.30 9,933.39 September 1, 2015 3,758,844.91 9,933.39 October 1, 2015 3,748,911.52 9,933.39 November 1, 2015 3,738,978.13 9,933.39 December 1, 2015 3,729,044.74 9,933.39 January 1, 2016 3,719,111.35 9,933.39 February 1, 2016 3,709,177.96 10,300.76 March 1, 2016 3,698,877.20 10,300.76 April 1, 2016 3,688,576.44 10,300.76 May 1, 2016 3,678,275.68 10,300.76 June 1, 2016 3,667,974.92 10,300.76 July 1, 2016 3,657,674.16 10,300.76 August 1, 2016 3,647,373.40 10,300.76 September 1, 2016 3,637,072.64 10,300.76 October 1, 2016 3,626,771.88 10,300.76 November 1, 2016 3,616,471.12 10,300.76 December 1, 2016 3,606,170.36 10,300.76 January 1, 2017 3,595,869.60 10,300.76 February 1, 2017 3,585,568.84 10,752.40 March 1, 2017 3,574,816.44 10,752.40 April 1, 2017 3,564,064.04 10,752.40 May 1, 2017 3,553,311.64 10,752.40 June 1, 2017 3,542,559.24 10,752.40 July 1, 2017 3,531,806.84 10,752.40 August 1, 2017 3,521,054.44 10,752.40 September 1, 2017 3,510,302.04 10,752.40 October 1, 2017 3,499,549.64 10,752.40 November 1, 2017 3,488,797.24 10,752.40 December 1, 2017 3,478,044.84 10,752.40 January 1, 2018 3,467,292.44 10,752.40 February 1, 2018 3,456,540.04 11,187.62 March 1, 2018 3,445,352.42 11,187.62 April 1, 2018 3,434,164.80 11,187.62 May 1, 2018 3,422,977.18 11,187.62 June 1, 2018 3,411,789.56 11,187.62 July 1, 2018 3,400,601.94 11,187.62 August 1, 2018 3,389,414.32 11,187.62 September 1, 2018 3,378,226.70 11,187.62 October 1, 2018 3,367,039.08 11,187.62 November 1, 2018 3,355,851.46 11,187.62 December 1, 2018 3,344,663.84 11,187.62 January 1, 2019 3,333,476.22 11,187.62 February 1, 2019 3,322,288.60 11,640.55 March 1, 2019 3,310,648.05 11,640.55 April 1, 2019 3,299,007.50 11,640.55 May 1, 2019 3,287,366.95 11,640.55 June 1, 2019 3,275,726.40 11,640.55 July 1, 2019 3,264,085.85 11,640.55 August 1, 2019 3,252,445.30 11,640.55 September 1, 2019 3,240,804.75 11,640.55 October 1, 2019 3,229,164.20 11,640.55 November 1, 2019 3,217,523.65 11,640.55 December 1, 2019 3,205,883.10 11,640.55 January 1, 2020 3,194,242.55 11,640.55 January 27, 2020 3,182,602.00 3,182,602.00

Prejudgment Remedy Waiver. THE GUARANTOR HEREBY REPRESENTS, WARRANTS AND MORTGAGOR ACKNOWLEDGES THAT THE FINANCING EVIDENCED HEREBY LOAN BEING MADE IS A FOR COMMERCIAL TRANSACTION WITHIN PURPOSES AND, IN ADDITION TO AND NOT IN LIMITATION OF ANY OTHER PROVISIONS OF THIS MORTGAGE OR ANY OTHER LOAN DOCUMENTS OR UNDER LAW FOR THE MEANING BENEFIT OF CHAPTER 903a STATE FARM, TO THE EXTENT PERMITTED BY LAW, WAIVES ANY RIGHT TO PRIOR NOTICE AND PRIOR HEARING UNDER SECTIONS 52-278a THROUGH 52-278n OF THE CONNECTICUT GENERAL STATUTESSTATUTES AS NOW OR HEREAFTER AMENDED AND AUTHORIZES STATE FARM OR ITS ATTORNEY, AS AMENDED. THE GUARANTOR HEREBY WAIVES ITS RIGHT OR ANY SUCCESSOR THERETO, TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL 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 ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §52-278F, ISSUE A WRIT FOR A OF PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER. FURTHER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. THE GUARANTOR ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT MORTGAGOR HEREBY WAIVES, TO THE ISSUANCE EXTENT PERMITTED BY LAW, BUT EXCLUDING PROCEDURES THAT ARE PART OF A WRIT FOR PREJUDGMENT REMEDY AS AFORESAID THE STATUTORY FORECLOSURE PROCESS, THE BENEFITS OF ALL VALUATION, APPRAISEMENTS, HOMESTEAD, EXEMPTION, STAY, REDEMPTION AND THE LENDER MORATORIUM LAWS NOW IN FORCE OR WHICH MAY HEREAFTER BECOME LAWS. MORTGAGOR ACKNOWLEDGES THE GUARANTOR’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE GUARANTOR FURTHER WAIVES ITS RIGHTS TO REQUEST THAT IT IS ENGAGED PRIMARILY IN COMMERCIAL PURSUITS AND THAT THE LENDER POST A BOND, WITH OR WITHOUT SURETY, PROCEEDS FROM THIS SECURITY INSTRUMENT ARE TO PROTECT GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY THE LENDER. 26UTILIZED IN BUSINESS ACTIVITIES AND WILL NOT BE UTILIZED FOR CONSUMER PURPOSES.

Prejudgment Remedy Waiver. THE 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 REPRESENTS, WARRANTS AND ACKNOWLEDGES ACKNOWLEDGE THAT THE FINANCING EVIDENCED HEREBY TRANSACTION OF WHICH THIS AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION WITHIN TRANSACTION, AND TO THE MEANING OF CHAPTER 903a OF THE EXTENT ALLOWED UNDER CONNECTICUT GENERAL STATUTESSTATUTES SECTIONS 52-278a TO 52-278m, AS AMENDED. THE INCLUSIVE, OR BY OTHER APPLICABLE LAW EACH AND EVERY MERCHANT AND GUARANTOR OF THIS AGREEMENT HEREBY WAIVES ITS RIGHT WAIVE (A) ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL LAW IN CONNECTION WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE LENDER TO WHICH PURCHASER 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 BECOME ENTITLED BY VIRTUE OF AN EVENT OF ANY DEFAULT THE LENDER’S ATTORNEY MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OR PROVISION OF THIS WAIVER. THE GUARANTOR ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF 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 AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENTAND (B) ALL RIGHTS TO REQUEST THAT THE LENDER PURCHASER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT SAID MERCHANT OR GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY PURCHASER BY VIRTUE OF ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENT. AS PART OF THE LENDERSAID PREJUDGMENT REMEDY WAIVER ABOVE, 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 BANKING INSTITUTION IF THAT BANKING INSTITUTION HAS A BRANCH, ATM OR OFFICE PHYSICALLY LOCATED IN CONNECTICUT AND/OR IS REGISTERED TO CONDUCT BUSINESS IN CONNECTICUT. 26.Owner(s)/Guarantor(s) Initials []

Prejudgment Remedy Waiver. THE GUARANTOR TENANT HEREBY REPRESENTS, WARRANTS COVENANTS AND ACKNOWLEDGES AGREES THAT THE FINANCING EVIDENCED HEREBY TRANSACTION OF WHICH THIS LEASE IS A PART IS A “COMMERCIAL TRANSACTION WITHIN TRANSACTION” AS DEFINED BY THE MEANING OF CHAPTER 903a STATUTES OF THE CONNECTICUT GENERAL STATUTES, AS AMENDEDSTATE OF CONNECTICUT. THE GUARANTOR TENANT HEREBY WAIVES ITS RIGHT ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES STATUTES, SECTIONS 52-278A ET. SEQ. 278a et seq., AS AMENDED AMENDED, OR UNDER ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE LENDER LANDLORD MAY EMPLOY TO ENFORCE ITS RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTSHEREUNDER. MORE SPECIFICALLY, THE GUARANTOR TENANT ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE LENDERLANDLORD’S ATTORNEY MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §TO CONNECTICUT GENERAL STATUTES SECTION 52-278F278f, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. THE GUARANTOR TENANT ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR PREJUDGMENT REMEDY AS AFORESAID BY LANDLORD’S ATTORNEY, AND THE LENDER LANDLORD ACKNOWLEDGES THE GUARANTORTENANT’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE GUARANTOR TENANT FURTHER HEREBY WAIVES ITS RIGHTS ANY REQUIREMENT OR OBLIGATION OF LANDLORD TO REQUEST THAT THE LENDER POST A BOND, BOND OR OTHER SECURITY IN CONNECTION WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY LANDLORD AND WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LANDLORD BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF TENANT OR ANY OTHER PARTY PRIMARILY OR SECONDARILY LIABLE UNDER THE LENDERLEASE TO ANY ACTION BROUGHT BY LANDLORD. 26TENANT ACKNOWLEDGES AND AGREES THAT ALL OF THE WAIVERS CONTAINED IN THIS SECTION HAVE BEEN MADE KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND INTELLIGENTLY, AND WITH THE ADVISE OF ITS COUNSEL.

Prejudgment Remedy Waiver. THE GUARANTOR HEREBY REPRESENTS, WARRANTS AND ACKNOWLEDGES INDEMNITORS ACKNOWLEDGE THAT IT HAS THE FINANCING EVIDENCED HEREBY IS A COMMERCIAL TRANSACTION WITHIN THE MEANING OF CHAPTER 903a RIGHT UNDER SECTION 52-278a ET SEQ. OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED. THE GUARANTOR HEREBY WAIVES ITS RIGHT SUBJECT TO CERTAIN LIMITATIONS, TO NOTICE OF AND HEARING ON THE RIGHT OF THE LENDER TO OBTAIN A PREJUDGMENT REMEDY, SUCH AS ATTACHMENT, GARNISHMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST THE INDEMNITORS. NOTWITHSTANDING SUCH RIGHT, THE INDEMNITORS HEREBY WAIVE ALL RIGHTS TO NOTICE, JUDICIAL HEARING OR PRIOR COURT HEARING OR COURT ORDER TO WHICH IT MIGHT OTHERWISE HAVE THE RIGHT UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED SAID STATUTE OR UNDER ANY OTHER STATE OR FEDERAL LAW STATUTE OR CONSTITUTION IN CONNECTION WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE OBTAINING BY 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 ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §52-278F, ISSUE A WRIT FOR A ANY PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF IN CONNECTION WITH THIS WAIVERAGREEMENT. THE GUARANTOR ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT INDEMNITORS FURTHER CONSENT TO THE ISSUANCE OF ANY PREJUDGMENT REMEDIES WITHOUT A WRIT FOR BOND AND AGREES NOT TO REQUEST OR FILE MOTIONS SEEKING TO REQUIRE THE POSTING OF A BOND UNDER PUBLIC ACT 93-431 IN CONNECTION WITH THE LENDER’S EXERCISE OF ANY PREJUDGMENT REMEDY AS AFORESAID REMEDY. THE INDEMNITORS ALSO WAIVE ANY AND ALL OBJECTION WHICH IT MIGHT OTHERWISE ASSERT, NOW OR IN THE FUTURE, TO THE EXERCISE OR USE BY THE LENDER ACKNOWLEDGES THE GUARANTOR’S OF ANY RIGHT TO SAID HEARING SUBSEQUENT OF SETOFF, REPOSSESSION OR SELF HELP AS MAY PRESENTLY EXIST UNDER STATUTE OR COMMON LAW, AND TO THE ISSUANCE EXTENT PERMITTED BY LAW, THE BENEFITS OF SAID WRIT. THE GUARANTOR FURTHER WAIVES ITS RIGHTS TO REQUEST THAT THE LENDER POST A BONDALL PRESENT AND FUTURE VALUATION, WITH OR WITHOUT SURETYAPPRAISEMENT, TO PROTECT GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY THE LENDER. 26HOMESTEAD, EXEMPTION, STAY, REDEMPTION AND MORATORIUM LAWS.

Prejudgment Remedy Waiver. THE GUARANTOR BORROWER HEREBY REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT THE FINANCING EVIDENCED HEREBY IS A COMMERCIAL TRANSACTION WITHIN THE MEANING OF CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED. THE GUARANTOR BORROWER HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE ADMINISTRATIVE AGENT OR ANY LENDER MAY EMPLOY TO ENFORCE ITS THEIR RESPECTIVE RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS. MORE SPECIFICALLY, THE GUARANTOR BORROWER ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE ADMINISTRATIVE AGENT’S OR ANY LENDER’S ATTORNEY MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, ORDER PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. THE GUARANTOR BORROWER ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY AS AFORESAID AND THE ADMINISTRATIVE AGENT AND EACH LENDER ACKNOWLEDGES THE GUARANTORBORROWER’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE GUARANTOR BORROWER FURTHER WAIVES ITS RIGHTS TO REQUEST THAT THE ADMINISTRATIVE AGENT OR ANY LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR THE BORROWER AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY THE ADMINISTRATIVE AGENT OR SUCH LENDER. 26.

Prejudgment Remedy Waiver. THE GUARANTOR BORROWER HEREBY REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT THE FINANCING EVIDENCED HEREBY IS A COMMERCIAL TRANSACTION WITHIN THE MEANING OF CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED. THE GUARANTOR BORROWER HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL 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 BORROWER ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE LENDER’S ATTORNEY MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, ORDER PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. THE GUARANTOR BORROWER ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY AS AFORESAID AND THE LENDER ACKNOWLEDGES THE GUARANTOR’S BORROWER'S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE GUARANTOR BORROWER FURTHER WAIVES ITS RIGHTS TO REQUEST THAT THE LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR THE BORROWER AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY THE LENDER. 26.

Prejudgment Remedy Waiver. THE GUARANTOR BORROWER HEREBY REPRESENTS, WARRANTS COVENANTS AND ACKNOWLEDGES AGREES THAT THE FINANCING EVIDENCED HEREBY PROCEEDS OF THE LOAN SHALL BE USED FOR GENERAL COMMERCIAL PURPOSES AND THAT THE LOAN IS A “COMMERCIAL TRANSACTION WITHIN TRANSACTION” AS DEFINED BY THE MEANING OF CHAPTER 903a STATUTES OF THE CONNECTICUT GENERAL STATUTES, AS AMENDEDSTATE OF CONNECTICUT. THE GUARANTOR BORROWER HEREBY WAIVES ITS RIGHT ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES STATUTES, SECTIONS 52-278A ET. 278a ET SEQ. ., AS AMENDED AMENDED, OR UNDER ANY OTHER STATE OR FEDERAL 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 DOCUMENTSHEREUNDER. MORE SPECIFICALLY, THE GUARANTOR XXXXXXXX ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE LENDERXXXXXX’S ATTORNEY MAY, PURSUANT TOTO CONNECTICUT GENERAL STATUTES, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §SECTION 52-278F278f, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. THE GUARANTOR BORROWER ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR PREJUDGMENT REMEDY AS AFORESAID BY XXXXXX’S ATTORNEY, AND THE LENDER XXXXXX ACKNOWLEDGES THE GUARANTORXXXXXXXX’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE GUARANTOR BORROWER FURTHER HEREBY WAIVES ITS RIGHTS ANY REQUIREMENT OR OBLIGATION OF LENDER TO REQUEST THAT THE LENDER POST A BOND, BOND OR OTHER SECURITY IN CONNECTION WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY LENDER AND WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY OTHER OBLIGATED PARTY TO ANY ACTION BROUGHT BY XXXXXX. XXXXXXXX ACKNOWLEDGES AND AGREES THAT ALL OF THE LENDERWAIVERS CONTAINED IN THIS SECTION HAVE BEEN MADE KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND INTELLIGENTLY, AND WITH THE ADVICE OF ITS COUNSEL. 26.RIVERBEND BETHLEHEM HOLDINGS I LLC By: Riverbend Lehigh Valley Holdings II LLC Its Sole Member By: Xxxxxxx Land, LLC Its Sole Member By: Xxxxxxx Land & Nurseries, Inc. Its Sole Member By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: President RIVERBEND BETHLEHEM HOLDINGS II LLC By: Riverbend Lehigh Valley Holdings II LLC Its Sole Member By: Xxxxxxx Land, LLC Its Sole Member By: Xxxxxxx Land & Nurseries, Inc. Its Sole Member By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: President SCHEDULE A Amortization Schedule Schedule A Loan Amortization Schedule Payment Date Balance Prior to Payment Principal Payment Amount Feb 1, 2015 19,750,000.00 36,526.00 Mar 1, 2015 19,713,474.00 36,526.00 Apr 1, 2015 19,676,948.00 36,526.00 May 1, 2015 19,640,422.00 36,526.00 Jun 1, 2015 19,603,896.00 36,526.00 Jul 1, 2015 19,567,370.00 36,526.00 Aug 1, 2015 19,530,844.00 36,526.00 Sep 1, 2015 19,494,318.00 36,526.00 Oct 1, 2015 19,457,792.00 36,526.00 Nov 1, 2015 19,421,266.00 36,526.00 Dec 1, 2015 19,384,740.00 36,526.00 Jan 1, 2016 19,348,214.00 36,526.00 Feb 1, 2016 19,311,688.00 38,019.00 Mar 1, 2016 19,273,669.00 38,019.00 Apr 1, 2016 19,235,650.00 38,019.00 May 1, 2016 19,197,631.00 38,019.00 Jun 1, 2016 19,159,612.00 38,019.00 Jul 1, 2016 19,121,593.00 38,019.00 Aug 1, 2016 19,083,574.00 38,019.00 Sep 1, 2016 19,045,555.00 38,019.00 Oct 1, 2016 19,007,536.00 38,019.00 Nov 1, 2016 18,969,517.00 38,019.00 Dec 1, 2016 18,931,498.00 38,019.00 Jan 1, 2017 18,893,479.00 38,019.00 Feb 1, 2017 18,855,460.00 39,999.00 Mar 1, 2017 18,815,461.00 39,999.00 Apr 1, 2017 18,775,462.00 39,999.00 May 1, 2017 18,735,463.00 39,999.00 Jun 1, 2017 18,695,464.00 39,999.00 Jul 1, 2017 18,655,465.00 39,999.00 Aug 1, 2017 18,615,466.00 39,999.00 Sep 1, 2017 18,575,467.00 39,999.00 Oct 1, 2017 18,535,468.00 39,999.00 Nov 1, 2017 18,495,469.00 39,999.00 Dec 1, 2017 18,455,470.00 39,999.00 Jan 1, 2018 18,415,471.00 39,999.00 Feb 1, 2018 18,375,472.00 41,863.00 Mar 1, 2018 18,333,609.00 41,863.00 Apr 1, 2018 18,291,746.00 41,863.00 May 1, 2018 18,249,883.00 41,863.00 Jun 1, 2018 18,208,020.00 41,863.00 Jul 1, 2018 18,166,157.00 41,863.00 Aug 1, 2018 18,124,294.00 41,863.00 Sep 1, 2018 18,082,431.00 41,863.00 Oct 1, 2018 18,040,568.00 41,863.00 Nov 1, 2018 17,998,705.00 41,863.00 Dec 1, 2018 17,956,842.00 41,863.00 Jan 1, 2019 17,914,979.00 41,863.00 Feb 1, 2019 17,873,116.00 43,813.00 Mar 1, 2019 17,829,303.00 43,813.00 Apr 1, 2019 17,785,490.00 43,813.00 May 1, 2019 17,741,677.00 43,813.00 Jun 1, 2019 17,697,864.00 43,813.00 Jul 1, 2019 17,654,051.00 43,813.00 Aug 1, 2019 17,610,238.00 43,813.00 Sep 1, 2019 17,566,425.00 43,813.00 Oct 1, 2019 17,522,612.00 43,813.00 Nov 1, 2019 17,478,799.00 43,813.00 Dec 1, 2019 17,434,986.00 43,813.00 Jan 1, 2020 17,391,173.00 43,813.00 Feb 1, 2020 17,347,360.00 45,667.00 Mar 1, 2020 17,301,693.00 45,667.00 Apr 1, 2020 17,256,026.00 45,667.00 Payment Date Balance Prior to Payment Principal Payment Amount May 1, 2020 17,210,359.00 45,667.00 Jun 1, 2020 17,164,692.00 45,667.00 Jul 1, 2020 17,119,025.00 45,667.00 Aug 1, 2020 17,073,358.00 45,667.00 Sep 1, 2020 17,027,691.00 45,667.00 Oct 1, 2020 16,982,024.00 45,667.00 Nov 1, 2020 16,936,357.00 45,667.00 Dec 1, 2020 16,890,690.00 45,667.00 Jan 1, 2021 16,845,023.00 45,667.00 Feb 1, 2021 16,799,356.00 47,982.00 Mar 1, 2021 16,751,374.00 47,982.00 Apr 1, 2021 16,703,392.00 47,982.00 May 1, 2021 16,655,410.00 47,982.00 Jun 1, 2021 16,607,428.00 47,982.00 Jul 1, 2021 16,559,446.00 47,982.00 Aug 1, 2021 16,511,464.00 47,982.00 Sep 1, 2021 16,463,482.00 47,982.00 Oct 1, 2021 16,415,500.00 47,982.00 Nov 1, 2021 16,367,518.00 47,982.00 Dec 1, 2021 16,319,536.00 47,982.00 Jan 1, 2022 16,271,554.00 47,982.00 Feb 1, 2022 16,223,572.00 50,217.00 Mar 1, 2022 16,173,355.00 50,217.00 Apr 1, 2022 16,123,138.00 50,217.00 May 1, 2022 16,072,921.00 50,217.00 Jun 1, 2022 16,022,704.00 50,217.00 Jul 1, 2022 15,972,487.00 50,217.00 Aug 1, 2022 15,922,270.00 50,217.00 Sep 1, 2022 15,872,053.00 50,217.00 Oct 1, 2022 15,821,836.00 50,217.00 Nov 1, 2022 15,771,619.00 50,217.00 Dec 1, 2022 15,721,402.00 50,217.00 Jan 1, 2023 15,671,185.00 50,217.00 Feb 1, 2023 15,620,968.00 52,557.00 Mar 1, 2023 15,568,411.00 52,557.00 Apr 1, 2023 15,515,854.00 52,557.00 May 1, 2023 15,463,297.00 52,557.00 Jun 1, 2023 15,410,740.00 52,557.00 Jul 1, 2023 15,358,183.00 52,557.00 Aug 1, 2023 15,305,626.00 52,557.00 Sep 1, 2023 15,253,069.00 52,557.00 Oct 1, 2023 15,200,512.00 52,557.00 Nov 1, 2023 15,147,955.00 52,557.00 Dec 1, 2023 15,095,398.00 52,557.00 Jan 1, 2024 15,042,841.00 52,557.00 Feb 1, 2024 14,990,284.00 54,844.00 Mar 1, 2024 14,935,440.00 54,844.00 Apr 1, 2024 14,880,596.00 54,844.00 May 1, 2024 14,825,752.00 54,844.00 Jun 1, 2024 14,770,908.00 54,844.00 Jul 1, 2024 14,716,064.00 54,844.00 Aug 1, 2024 14,661,220.00 54,844.00 Sep 1, 2024 14,606,376.00 54,844.00 Oct 1, 2024 14,551,532.00 54,844.00 Nov 1, 2024 14,496,688.00 54,844.00 Dec 1, 2024 14,441,844.00 54,844.00 Jan 1, 2025 14,387,000.00 14,387,000.00

Prejudgment Remedy Waiver. THE GUARANTOR HEREBY REPRESENTS, WARRANTS AND ACKNOWLEDGES BORROWERS ACKNOWLEDGE THAT THE FINANCING LOANS EVIDENCED HEREBY IS A BY THIS AGREEMENT ARE COMMERCIAL TRANSACTION WITHIN THE MEANING OF TRANSACTIONS AND WAIVE THEIR RIGHT TO NOTICE AND HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, STATUTES OR AS AMENDED. THE GUARANTOR HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR OTHERWISE ALLOWED UNDER ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE REMEDY WHICH LENDER MAY EMPLOY DESIRE 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 TOUSE, AND IN ACCORDANCE WITHFURTHER WAIVE DILIGENCE, CONNDEMAND, PRESENTMENT FOR PAYMENT, NOTICE OF NONPAYMENT, PROTEST AND NOTICE OF ANY RENEWALS OR EXTENSIONS. GEN. 3702062.pdf STATE. §52-278FBORROWERS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WILLINGLY AND VOLUNTARILY AND WITHOUT SECURING A COURT ORDERDURESS, PROVIDED AND ONLY AFTER CONSIDERATION OF THE COMPLAINT SHALL SET FORTH A COPY RAMIFICATIONS OF THIS WAIVERWAIVER WITH THEIR ATTORNEYS. THE GUARANTOR ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT BORROWERS FURTHER CONSENT TO THE ISSUANCE OF ANY SUCH PREJUDGMENT REMEDIES WITHOUT A WRIT FOR PREJUDGMENT REMEDY AS AFORESAID BOND AND THE LENDER ACKNOWLEDGES THE GUARANTOR’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE GUARANTOR FURTHER WAIVES ITS RIGHTS AGREE NOT TO REQUEST THAT OR FILE MOTIONS SEEKING TO REQUIRE THE LENDER POST POSTING OF A BOND, BOND UNDER PUBLIC ACT 93-431 IN CONNECTION WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY LENDER'S EXERCISE OF ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY THE LENDERREMEDY. 26.This Agreement has been duly executed as of the date first written above. TRANS-LUX CORPORATION By /s/ Xxxxxx Xxxx ------------------------------------ Xxxxxx Xxxx Its President By /s/ Xxxxxx Xxxxx ------------------------------------ Xxxxxx Xxxxx Its Treasurer and Chief Financial Officer TRANS-LUX CONSULTING CORPORATION By /s/ Xxxxxx Xxxx ------------------------------------ Xxxxxx Xxxx Its President By /s/ Xxxxxx Xxxxx ------------------------------------ Xxxxxx Xxxxx Its Treasurer and Chief Financial Officer TRANS-LUX SIGN CORPORATION By /s/ Xxxxxx Xxxx ------------------------------------ Xxxxxx Xxxx Its President By /s/ Xxxxxx Xxxxx ------------------------------------ Xxxxxx Xxxxx Its Treasurer and Chief Financial Officer TRANS-LUX MONTEZUMA CORPORATION By /s/ Xxxxxx Xxxx ------------------------------------ Xxxxxx Xxxx Its President By /s/ Xxxxxx Xxxxx ------------------------------------ Xxxxxx Xxxxx Its Treasurer and Chief Financial Officer INTEGRATED SYSTEMS ENGINEERING, INC. By /s/ Xxxxxx Xxxx ----------------------------------- Xxxxxx Xxxx Its President By /s/ Xxxxxx Xxxxx ------------------------------------ Xxxxxx Xxxxx Its Treasurer and Chief Financial Officer FIRST FIDELITY BANK By /s/ Xxxx X. Xxxxxx ----------------------------------- Xxxx X. Xxxxxx Its Vice President

Prejudgment Remedy Waiver. THE TO INDUCE LENDERS TO ACCEPT THIS AGREEMENT, BORROWER AND GUARANTOR HEREBY REPRESENTS, WARRANTS AND ACKNOWLEDGES AGREE THAT THE FINANCING LOANS EVIDENCED HEREBY IS BY THE NOTES, THIS AGREEMENT AND ALL OTHER LOAN DOCUMENTS ARE AND EVIDENCE A COMMERCIAL TRANSACTION WITHIN THE MEANING OF AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO A NOTICE AND HEARING UNDER CHAPTER 903a 903A OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED. THE GUARANTOR HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING , OR COURT ORDER UNDER CONNECTICUT GENERAL OTHER STATUTE OR STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL AFFECTING PREJUDGMENT REMEDIES THE LENDER MAY EMPLOY AND AUTHORIZES LENDERS' ATTORNEY 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 ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. BORROWER AND 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 EXERCISE OF LENDERS' RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER AND GUARANTOR'S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER AND GUARANTOR ACKNOWLEDGES AND RESERVES ITS HAVE THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE BORROWER AND GUARANTOR MIGHT CONTEST SUCH A HEARING SUBSEQUENT PROCEDURE. THE INTENT OF BORROWER AND GUARANTOR IS TO GRANT TO LENDERS FOR GOOD AND VALUABLE CONSIDERATION THE ISSUANCE OF RIGHT TO OBTAIN SUCH 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 ASSURE THAT THE LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY SUCH PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY THE LENDER. 26IS VALID AND CONSTITUTIONAL.

Prejudgment Remedy Waiver. THE GUARANTOR BORROWER HEREBY REPRESENTS, WARRANTS COVENANTS AND ACKNOWLEDGES AGREES THAT THE FINANCING EVIDENCED HEREBY PROCEEDS OF THE LOAN SHALL BE USED FOR GENERAL COMMERCIAL PURPOSES AND THAT THE LOAN IS A “COMMERCIAL TRANSACTION WITHIN TRANSACTION” AS DEFINED BY THE MEANING OF CHAPTER 903a STATUTES OF THE CONNECTICUT GENERAL STATUTES, AS AMENDEDSTATE OF CONNECTICUT. THE GUARANTOR BORROWER HEREBY WAIVES ITS RIGHT ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES STATUTES, SECTIONS 52-278A ET. 278a ET SEQ. ., AS AMENDED AMENDED, OR UNDER ANY OTHER STATE OR FEDERAL 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 DOCUMENTSHEREUNDER. MORE SPECIFICALLY, THE GUARANTOR XXXXXXXX ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE LENDERXXXXXX’S ATTORNEY MAY, PURSUANT TOTO CONNECTICUT GENERAL STATUTES, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §SECTION 52-278F278f, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER. THE GUARANTOR BORROWER ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR PREJUDGMENT REMEDY AS AFORESAID BY XXXXXX’S ATTORNEY, AND THE LENDER XXXXXX ACKNOWLEDGES THE GUARANTORXXXXXXXX’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE GUARANTOR BORROWER FURTHER HEREBY WAIVES ITS RIGHTS ANY REQUIREMENT OR OBLIGATION OF LENDER TO REQUEST THAT THE LENDER POST A BOND, BOND OR OTHER SECURITY IN CONNECTION WITH OR WITHOUT SURETY, TO PROTECT GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY LENDER AND WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY OTHER OBLIGATED PARTY TO ANY ACTION BROUGHT BY XXXXXX. XXXXXXXX ACKNOWLEDGES AND AGREES THAT ALL OF THE LENDERWAIVERS CONTAINED IN THIS SECTION HAVE BEEN MADE KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND INTELLIGENTLY, AND WITH THE ADVICE OF ITS COUNSEL. 26.RIVERBEND BETHLEHEM HOLDINGS I LLC By: Riverbend Lehigh Valley Holdings II LLC Its Sole Member By: Xxxxxxx Land, LLC Its Sole Member By: Xxxxxxx Land & Nurseries, Inc. Its Sole Member By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: President SCHEDULE A Loan Amortization Schedule Payment Date Balance Prior to Payment Principal Payment Amount October 1, 2013 9,100,000.00 15,620.00 November 1, 2013 9,084,380.00 15,620.00 December 1, 2013 9,068,760.00 15,620.00 January 1, 2014 9,053,140.00 15,620.00 February 1, 2014 9,037,520.00 16,241.00 March 1, 2014 9,021,279.00 16,241.00 April 1, 2014 9,005,038.00 16,241.00 May 1, 2014 8,988,797.00 16,241.00 June 1, 2014 8,972,556.00 16,241.00 July 1, 2014 8,956,315.00 16,241.00 August 1, 2014 8,940,074.00 16,241.00 September 1, 2014 8,923,833.00 16,241.00 October 1, 2014 8,907,592.00 16,241.00 November 1, 2014 8,891,351.00 16,241.00 December 1, 2014 8,875,110.00 16,241.00 January 1, 2015 8,858,869.00 16,241.00 February 1, 2015 8,842,628.00 17,048.00 March 1, 2015 8,825,580.00 17,048.00 April 1, 2015 8,808,532.00 17,048.00 May 1, 2015 8,791,484.00 17,048.00 June 1, 2015 8,774,436.00 17,048.00 July 1, 2015 8,757,388.00 17,048.00 August 1, 2015 8,740,340.00 17,048.00 September 1, 2015 8,723,292.00 17,048.00 October 1, 2015 8,706,244.00 17,048.00 November 1, 2015 8,689,196.00 17,048.00 December 1, 2015 8,672,148.00 17,048.00 January 1, 2016 8,655,100.00 17,048.00 February 1, 2016 8,638,052.00 17,795.00 March 1, 2016 8,620,257.00 17,795.00 April 1, 2016 8,602,462.00 17,795.00 May 1, 2016 8,584,667.00 17,795.00 June 1, 2016 8,566,872.00 17,795.00 July 1, 2016 8,549,077.00 17,795.00 August 1, 2016 8,531,282.00 17,795.00 September 1, 2016 8,513,487.00 17,795.00 October 1, 2016 8,495,692.00 17,795.00 November 1, 2016 8,477,897.00 17,795.00 December 1, 2016 8,460,102.00 17,795.00 January 1, 2017 8,442,307.00 17,795.00 February 1, 2017 8,424,512.00 18,778.00 March 1, 2017 8,405,734.00 18,778.00 April 1, 2017 8,386,956.00 18,778.00 Payment Date Balance Prior to Payment Principal Payment Amount May 1, 2017 8,368,178.00 18,778.00 June 1, 2017 8,349,400.00 18,778.00 July 1, 2017 8,330,622.00 18,778.00 August 1, 2017 8,311,844.00 18,778.00 September 1, 2017 8,293,066.00 18,778.00 October 1, 2017 8,274,288.00 18,778.00 November 1, 2017 8,255,510.00 18,778.00 December 1, 2017 8,236,732.00 18,778.00 January 1, 2018 8,217,954.00 18,778.00 February 1, 2018 8,199,176.00 19,711.00 March 1, 2018 8,179,465.00 19,711.00 April 1, 2018 8,159,754.00 19,711.00 May 1, 2018 8,140,043.00 19,711.00 June 1, 2018 8,120,332.00 19,711.00 July 1, 2018 8,100,621.00 19,711.00 August 1, 2018 8,080,910.00 19,711.00 September 1, 2018 8,061,199.00 19,711.00 October 1, 2018 8,041,488.00 19,711.00 November 1, 2018 8,021,777.00 19,711.00 December 1, 2018 8,002,066.00 19,711.00 January 1, 2019 7,982,355.00 19,711.00 February 1, 2019 7,962,644.00 20,690.00 March 1, 2019 7,941,954.00 20,690.00 April 1, 2019 7,921,264.00 20,690.00 May 1, 2019 7,900,574.00 20,690.00 June 1, 2019 7,879,884.00 20,690.00 July 1, 2019 7,859,194.00 20,690.00 August 1, 2019 7,838,504.00 20,690.00 September 1, 2019 7,817,814.00 20,690.00 October 1, 2019 7,797,124.00 20,690.00 November 1, 2019 7,776,434.00 20,690.00 December 1, 2019 7,755,744.00 20,690.00 January 1, 2020 7,735,054.00 20,690.00 February 1, 2020 7,714,364.00 21,628.00 March 1, 2020 7,692,736.00 21,628.00 April 1, 2020 7,671,108.00 21,628.00 May 1, 2020 7,649,480.00 21,628.00 June 1, 2020 7,627,852.00 21,628.00 July 1, 2020 7,606,224.00 21,628.00 August 1, 2020 7,584,596.00 21,628.00 September 1, 2020 7,562,968.00 21,628.00 October 1, 2020 7,541,340.00 21,628.00 November 1, 2020 7,519,712.00 21,628.00 December 1, 2020 7,498,084.00 21,628.00 January 1, 2021 7,476,456.00 21,628.00 February 1, 2021 7,454,828.00 22,791.00 March 1, 2021 7,432,037.00 22,791.00 April 1, 2021 7,409,246.00 22,791.00 May 1, 2021 7,386,455.00 22,791.00 June 1, 2021 7,363,664.00 22,791.00 July 1, 2021 7,340,873.00 22,791.00 August 1, 2021 7,318,082.00 22,791.00 September 1, 2021 7,295,291.00 22,791.00 October 1, 2021 7,272,500.00 22,791.00 Payment Date Balance Prior to Payment Principal Payment Amount November 1, 2021 7,249,709.00 22,791.00 December 1, 2021 7,226,918.00 22,791.00 January 1, 2022 7,204,127.00 22,791.00 February 1, 2022 7,181,336.00 23,924.00 March 1, 2022 7,157,412.00 23,924.00 April 1, 2022 7,133,488.00 23,924.00 May 1, 2022 7,109,564.00 23,924.00 June 1, 2022 7,085,640.00 23,924.00 July 1, 2022 7,061,716.00 23,924.00 August 1, 2022 7,037,792.00 23,924.00 September 1, 2022 7,013,868.00 23,924.00 October 1, 2022 6,989,944.00 23,924.00 November 1, 2022 6,966,020.00 23,924.00 December 1, 2022 6,942,096.00 23,924.00 January 1, 2023 6,918,172.00 23,924.00 February 1, 2023 6,894,248.00 24,946.00 March 1, 2023 6,869,302.00 24,946.00 April 1, 2023 6,844,356.00 24,946.00 May 1, 2023 6,819,410.00 24,946.00 June 1, 2023 6,794,464.00 24,946.00 July 1, 2023 6,769,518.00 24,946.00 August 1, 2023 6,744,572.00 24,946.00 September 1, 2023 6,719,626.00 6,719,626.00