Common use of PREJUDGMENT REMEDY Clause in Contracts

PREJUDGMENT REMEDY. TO INDUCE MORTGAGEE. TO ACCEPT THlS MORTGAGE, MORTGAGOR AGREES THAT THE LOAN SECURED BY THIS MORTGAGE, THE NOTES, lF ANY, SECURlNG SAME AND ALL OTHER LOAN DOCUMENTS ARE AND EVIDENCE A “COMMERCIAL TRANSACTION,” AS SUCH. TERM IS DEFINED IN CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES AS AMENDED, AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO A NOTICE AND HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES, AND AUTHORIZES MORTGAGEE’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 CLAlM IN TORT, CONTRACT OR OTHERWISE AGAINST MORTGAGEE’S ATTORNEY WHICH MAY ARISE OUT OF SUCH New Haven County, CT ISSUANCE OF THE WRIT FOR A PREJUDGMENT REMEDY WlTHOUT COURT ORDER, MORTGAGOR ACKNOWLEDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AND AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, MORTGAGOR RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF MORTGAGEE’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST MORTGAGOR’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 MORTGAGOR HAVE. THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE MORTGAGOR MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF MORTGAGOR IS TO GRANT TO MORTGAGEE FOR GOOD AND VALUABLE. CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO ASSURE THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL. New Haven County, CT This Mortgage has been duly executed by Mortgagor on the date first above written. MACDERMID, INCORPORATED By: /s/ Xxxxxxx X. Xxxxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxxxx Title: Senior Vice President, Finance STATE OF COLORADO ) : ss.: COUNTY OF DENVER ) /s/ Xxxxx Xxxxxxxxxxx Commissioner of the Superior Court/ Notary Public Personally appeared Xxxxxxx X. BohngbnIke, Senior Vice President, Finance of MacDermid, Incorporated signer and sealer of the foregoing instrument, who, being duly authorized, acknowledged the same to be his free act and deed and the free act and deed of said corporation, before me. New Haven County, CT 128 Schedule A Description of the Premises [See attached] (LEGAL DESCRIPTION) FIRST PARCEL: That certain piece or parcel of land, with all the improvements thereon, situated on the southerly aide of Huntingdon Avenue and the northerly side of East Aurora Street, in said Town or Waterbury, county of New Haven and State of Connecticut, bounded and described as follows: Beginning at a point in the southerly line of Huntingdon Avenue, at the northwesterly corner of land, of the Grantee herein, being also the northeasterly corner of the within described land; thence running westerly in, the southerly line of Huntingdon Avenue 100.00 feet; thence making an interior angle of 74’38’30” with the southerly :line of Huntingdon Avenue and running southerly in a line parallel to the westerly line of land of the Grantee herein, 304.78 feet. to the northerly line of Xxxx Xxxxxx Xxxxxx; thence making an interior angle of 15’40’30” with the last .described line and running easterly in the northerly line of Xxxx Xxxxxx Xxxxxx 70.78 feet to a point of curve; thence continuing easterly in the northeasterly line of Xxxx Xxxxxx Xxxxxx and in a line curving to the right having a radius of 6050.00 feet, a distance of 28.74 feet to the southwesterly corner of land of the Grantee herein; thence running northerly in the westerly line of land of the Grantee herein 333,74 feet to the point of beginning. Bounded: NORTHERLY: by Huntingdon Avenue WESTERLY: by other land or the Grantor herein; SOUTHERLY: by Xxxx Xxxxxx Xxxxxx; and EASTERLY: by land of the Grantee herein.

PREJUDGMENT REMEDY. TO INDUCE MORTGAGEE. TO ACCEPT THlS MORTGAGE, MORTGAGOR AGREES BORROWER ACKNOWLEDGES THAT THE LOAN SECURED BY THIS MORTGAGE, THE NOTES, lF ANY, SECURlNG SAME AND ALL OTHER LOAN DOCUMENTS ARE AND EVIDENCE TRANSACTION IS A “"COMMERCIAL TRANSACTION,” " AS SUCH. TERM SUCH IS DEFINED IN CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES AS AMENDED, AND NOT A CONSUMER TRANSACTION, AND HEREBY WAIVES ANY RIGHT TO A NOTICE AND HEARING ALL RIGHTS THAT THE BORROWER MAY HAVE UNDER CHAPTER 903a SECTION 52-278(a) THROUGH SECTION 52-278(n) OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, OR UNDER ANY OTHER STATUTE STATE OR STATUTES AFFECTING FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIESREMEDIES INTENDING THEREBY THAT IN THE EVENT OF ANY LEGAL ACTION BETWEEN THE BORROWER AND THE LENDER OR HOLDER ARISING OUT OF THE NOTE, THIS MORTGAGE OR THE OTHER LOAN DOCUMENTS, THE LENDER OR HOLDER MAY INVOKE ANY PREJUDGMENT REMEDY, INCLUDING BUT NOT LIMITED TO, GARNISHMENT, ATTACHMENT, FOREIGN ATTACHMENT AND AUTHORIZES MORTGAGEE’S ATTORNEY TO ISSUE A WRIT REPLEVIN, WITHOUT GIVING THE BORROWER ANY NOTICE OR OPPORTUNITY FOR A HEARING OR OBTAINING A COURT ORDER. BORROWER FURTHER HEREBY WAIVES ANY REQUIREMENT OR OBLIGATION OF LENDER TO POST A BOND OR OTHER SECURITY IN CONNECTION WITH ANY PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER, OBTAINED BY LENDER AND WAIVES ANY CLAlM IN TORT, CONTRACT OR OTHERWISE AGAINST MORTGAGEE’S ATTORNEY WHICH MAY ARISE OUT OF SUCH New Haven County, CT ISSUANCE OF THE WRIT FOR A PREJUDGMENT REMEDY WlTHOUT COURT ORDER, MORTGAGOR ACKNOWLEDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AND AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, MORTGAGOR RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF MORTGAGEE’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST MORTGAGOR’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 MORTGAGOR HAVE. THE RIGHT OBJECTIONS TO ANY NOTICE OR PRIOR HEARING WHERE MORTGAGOR MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF MORTGAGOR IS TO GRANT TO MORTGAGEE FOR GOOD AND VALUABLE. CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO ASSURE THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY GUARANTOR/INDEMNITOR TO ANY ACTION BROUGHT BY LENDER. THIS WAIVER IS VALID MADE BY THE BORROWER ON BEHALF OF THE BORROWER AND CONSTITUTIONAL. New Haven CountyTHE BORROWER'S SUCCESSORS, CT This Mortgage has been duly executed by Mortgagor on the date first above written. MACDERMIDHEIRS AND ASSIGNS AND SHALL APPLY TO ANY AND ALL ACTIONS AGAINST SUCH SUCCESSORS, INCORPORATED By: /s/ Xxxxxxx X. Xxxxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxxxx Title: Senior Vice President, Finance STATE OF COLORADO ) : ssHEIRS AND ASSIGNS.: COUNTY OF DENVER ) /s/ Xxxxx Xxxxxxxxxxx Commissioner of the Superior Court/ Notary Public Personally appeared Xxxxxxx X. BohngbnIke, Senior Vice President, Finance of MacDermid, Incorporated signer and sealer of the foregoing instrument, who, being duly authorized, acknowledged the same to be his free act and deed and the free act and deed of said corporation, before me. New Haven County, CT 128 Schedule A Description of the Premises [See attached] (LEGAL DESCRIPTION) FIRST PARCEL: That certain piece or parcel of land, with all the improvements thereon, situated on the southerly aide of Huntingdon Avenue and the northerly side of East Aurora Street, in said Town or Waterbury, county of New Haven and State of Connecticut, bounded and described as follows: Beginning at a point in the southerly line of Huntingdon Avenue, at the northwesterly corner of land, of the Grantee herein, being also the northeasterly corner of the within described land; thence running westerly in, the southerly line of Huntingdon Avenue 100.00 feet; thence making an interior angle of 74’38’30” with the southerly :line of Huntingdon Avenue and running southerly in a line parallel to the westerly line of land of the Grantee herein, 304.78 feet. to the northerly line of Xxxx Xxxxxx Xxxxxx; thence making an interior angle of 15’40’30” with the last .described line and running easterly in the northerly line of Xxxx Xxxxxx Xxxxxx 70.78 feet to a point of curve; thence continuing easterly in the northeasterly line of Xxxx Xxxxxx Xxxxxx and in a line curving to the right having a radius of 6050.00 feet, a distance of 28.74 feet to the southwesterly corner of land of the Grantee herein; thence running northerly in the westerly line of land of the Grantee herein 333,74 feet to the point of beginning. Bounded: NORTHERLY: by Huntingdon Avenue WESTERLY: by other land or the Grantor herein; SOUTHERLY: by Xxxx Xxxxxx Xxxxxx; and EASTERLY: by land of the Grantee herein.

PREJUDGMENT REMEDY. TO INDUCE MORTGAGEE. TO MORTGAGEE ID ACCEPT THlS THIS MORTGAGE, MORTGAGOR AGREES THAT THE LOAN SECURED BY THIS MORTGAGE, THE NOTES, lF IF ANY, SECURlNG SAME AND ALL OTHER LOAN DOCUMENTS ARE AND EVIDENCE A “COMMERCIAL TRANSACTION,” AS SUCHSUCH TERM. TERM IS DEFINED IN CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES AS AMENDED, AND NOT A CONSUMER CONSUMER. TRANSACTION, AND WAIVES ANY RIGHT TO A NOTICE AND HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, OR OTHER STATUTE OR STATUTES AFFECTING ‘PREJUDGMENT REMEDIES, AND AUTHORIZES MORTGAGEE’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 CLAlM CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST MORTGAGEE’S ATTORNEY WHICH MAY ARISE OUT OF SUCH New Haven County, CT ISSUANCE OF THE WRIT FOR A PREJUDGMENT REMEDY WlTHOUT WITHOUT COURT ORDER, MORTGAGOR ACKNOWLEDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION AUTHORIZATlON GRANTED ABOVE ARE MADE KNOWINGLY <AND FREELY AND AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, MORTGAGOR RECOGNIZES RECOGNlZES AND UNDERSTANDS THAT THE EXERCISE OF MORTGAGEE’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST AGAlNST MORTGAGOR’S PROPERTY, AND SUCH WRIT FOR A FORA PREJUDGMENT REMEDY REIVIEDY WILL NOT HAVE. HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL JUDIClAL OFFICER NOR WILL MORTGAGOR HAVE. HAVE THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE MORTGAGOR MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF MORTGAGOR IS TO GRANT TO MORTGAGEE FOR GOOD AND VALUABLE. VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO ASSURE THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL. New Haven County, CT This Mortgage has been duly executed by Mortgagor on the date first above written. MACDERMID, INCORPORATED By: /s/ Xxxxxxx X. Xxxxxxxxxxx Gregory M. Bolingbroke Name: Xxxxxxx X. Xxxxxxxxxxx Gregory M. Bolingbroke Title: Senior Vice President, Finance Witnessed by: STATE OF COLORADO ) : ss.: COUNTY OF DENVER ) /s/ Xxxxx Xxxxxxxxxxx Susan Fitzpatrick Commissioner of the Superior Court/ Notary Public Personally appeared Xxxxxxx X. BohngbnIkeGregory M. Bolingbroke, Senior Vice President, Finance of MacDermidMacDennid, Incorporated signer and sealer of the foregoing instrument, who, being duly authorized, acknowledged the same to be his free act and deed and the free act and deed of said corporation, before mevae. New Haven County, CT 128 103 Schedule A Description of the Premises [See attached] (LEGAL DESCRIPTION) FIRST PARCEL: That All that,certain piece or parcel of land, land together with all of the buildings and improvements thereon, situated on the southerly aide of Huntingdon Avenue located thereon and the northerly side of East Aurora Streetany apurtenances thereto, in said the Town or Waterburyof Vernon, county County of New Haven Tolland and State of Connecticut, bounded and described as follows: Beginning at a point in an iron re-bar located at 62.60 feet stoutheast of town monumnet no. 11 and 799.08 feet east of town monument no. 10 Thence S 2 degrees, 26’ 15” E 62.06 feet (eight-two and six one-hundreths feet) along land now or formerly of Helen Mellow; Thence S 37 degrees, 26’ 20” W 81.43 feet (eight-one and fory-three one-hundredths feet) along land of said Mello Thence S 37 degrees 22’ 25” W 135.01 feet (one hundred thirty-five and one one-hundredth feet) along land now or formerly of August & Linda Z. Leite; Thence S 29 degress 45’ 00” E 33.0 feet (thirty-three and no one-hundredths feet) crossing the Hockanum River; Thence N 35 degrees 45’ 00” E 38.10 feet (thirty-six and ten one-hundreths feet) along land now or formerly of the Town of Veron (Grover Hill Cemetery); Thence S 26: 36’ 05” E 323.30 feet (three hundred twent-three and thirty one-hundredths feet) along land of said Town of Vernon; Thence N 68 degrees 43’ 55” E 87.28 feet (eight-seven and twenty-eight one-hundredths feet) along land now or formerly of Anna Ward Wileke; Thence N 21 degrees 01’ 05” W 133.12 feet (one hundred thirty-three and twelve one-hundreths feet) along land now or formerly of Robert L & Marilyn A St. Germain; Thence N 68 degrees 58’ 55: E 100.00 feet (one hundred and no one-hundreths feet) along land of said St. Germain; Thence N 77 degress 28’ 55: E 77.30 (seventy-seven and thirty one-hundredths feet) along land of said St. Germain; Thence N 12 degrees 21’ 05: W 71.00 feet (seventy-one and no one hundredths along land now or formerly of Joseph G. & Dolores S. Grabowski; Thence N 34 degrees 36’ 40” E 114.70 feet (one hundred fourteen and seventy one-hundredths feet) along land of said Grabowski; New Haven County, CT 104 Thence N 48 degrees 03’ 35” E 78.80 feet (seventy-eight and eighty one-hundredths feet) along land now or formerly of Dolores M. Brennen to the southerly line of Huntingdon AvenueEast Main Street; Thence N 39 degrees 19’ 40” W 10.00 feet (ten and no one-hundredths feet) along East Main Street, at the northwesterly corner of land, of the Grantee herein, remaining courses being also the northeasterly corner of the within described land; thence running westerly in, along the southerly line of Huntingdon Avenue 100.00 said street; Thence N 62 degrees 19’ 50” W 111.99 feet (one hundred eleven and ninety-nine one hundredths feet) Thence N 67 degrees 40’ 50” W. 49.19 feet (forty-nine and no one hundredth feet); thence making an interior angle Thence N 71 degrees 38’ 40” W 14.05 feet (fourteen and five one-hundredths feet); Thence N 78 degrees 13’ 50” W 23.11 feet (twenty-three and eleven one-hundredths feet); Thence N 73 degrees 07” 00” W 90.46 feet (ninety and forty six one-hundredths feet); Thence N 82 degrees 29’ 35” W 41.83 feet (forty-one and seventy-three one-hundredths feet); Thence N 87 degrees 13’ 45” W 50.63 feet (fifty and sixty-three one-hundredths feet) to the place of 74’38’30” beginning. Together with a rights of way as more particularly set forth in Quit Claim Deeds from J.P Stevens & Co., Inc. to Thaddeus J. Niemitz and Mary A. Niemitz, dated November 20, 1951 and recorded in Volume 89 at Page 152, and dated January 18, 1952 and recorded in Volume 89 at Page 159, of the Vernon Land Records. Together with the southerly :line rights and rights of Huntingdon Avenue and running southerly way set forth in a line parallel Warranty Deed from Richard A. St. Germain and Pauline St. Germain to the westerly line of land Robert L. St. Germain and Marily A. St. Germain dated May 29, 1965 and recorded in Volume 151 at Page 82; in a Warranty Deed from Rick E. Arborio and Gloria J. Arbario to Joseph G. Grabowski and Dolores S. Grabowski dated November 8, 1971 and recorded in Volume 198 at Page 181 of the Grantee herein, 304.78 feet. to the northerly line of Xxxx Xxxxxx Xxxxxxsaid Land Records; thence making an interior angle of 15’40’30” with the last .described line and running easterly in the northerly line of Xxxx Xxxxxx Xxxxxx 70.78 feet to a point of curve; thence continuing easterly in the northeasterly line of Xxxx Xxxxxx Xxxxxx and in a line curving Warranty Deed from Raymond W. Raddatz and Dorothy L. Raddatz to Robert P. Hart dated January 28, 1982 and recorded in Volume 425 at Page 112 of the right having a radius said Land Records. Recorded in Vernon Land Records, Bernice K. Dizon, Vernon Town Clerk, on April 17, 2007 at 02:52P New Haven County, CT 105 OPEN END MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT from MACDERMID, INCORPORATED, Mortgagor in favor of 6050.00 feetCREDIT SUISSE, as Administrative Agent and. Collateral Agent, Mortgagee DATED AS OF APRIL 12, 2007 After recording, please return to: Latham & Watkins LLP 885 Third Ave. New York, NY 10022 ATTN: Tamara Xatz, Esq. THIS OPEN END MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT, dated as of April 12, 2007 is made by MACDERMID, INCORPORATED, a distance of 28.74 feet Connecticut corporation, mortgagor (together with any successors, “Mortgagor”); whose address is 245 Freight Street, Waterbury Connecticut 06702, to CREDIT SUISSE, in its capacity as Administrative Agent and in its capacity as Collateral Agent, for the southwesterly corner of land ratable benefit of the Grantee herein; thence running northerly Secured Parties, mortgagee (together with its respective successors and assigns, in the westerly line such capacities, “Mortgagee”), whose address is Eleven Madison Avenue, New York, New York 10010. References to this “Mortgage” shall mean this instrument and any and all renewals, modifications, amendments, supplements, extensions, consolidations, substitutions, spreaders and replacements of land of the Grantee herein 333,74 feet to the point of beginning. Bounded: NORTHERLY: by Huntingdon Avenue WESTERLY: by other land or the Grantor herein; SOUTHERLY: by Xxxx Xxxxxx Xxxxxx; and EASTERLY: by land of the Grantee hereinthis instrument.

PREJUDGMENT REMEDY. TO INDUCE MORTGAGEE. TO ACCEPT THlS MORTGAGE, MORTGAGOR AGREES GUARANTOR ACKNOWLEDGES THAT THE LOAN SECURED BY THIS MORTGAGE, THE NOTES, lF ANY, SECURlNG SAME AND ALL OTHER LOAN DOCUMENTS ARE AND EVIDENCE TRANSACTION IS A “"COMMERCIAL TRANSACTION,” " AS SUCH. TERM SUCH IS DEFINED IN CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES AS AMENDED, AND NOT A CONSUMER TRANSACTION, AND HEREBY WAIVES ANY RIGHT TO A NOTICE AND HEARING ALL RIGHTS THAT THE BORROWER MAY HAVE UNDER CHAPTER 903a SECTION 52-278(a) THROUGH 57-278(g) OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, INTENDING THEREBY THAT IN THE EVENT OF ANY LEGAL ACTION BETWEEN THE GUARANTOR AND THE LENDER OR HOLDER ARISING OUT OF THE NOTE, THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS, THE LENDER OR HOLDER MAY INVOKE ANY PREJUDGMENT REMEDY, INCLUDING BUT NOT LIMITED TO, GARNISHMENT, ATTACHMENT, FOREIGN ATTACHMENT AND REPLEVIN, WITHOUT GIVING THE BORROWER AND/OR ANY GUARANTOR ANY NOTICE OR OPPORTUNITY FOR A HEARING OR OBTAINING A COURT ORDER. GUARANTOR FURTHER HEREBY WAIVES ANY REQUIREMENT OR OBLIGATION OF LENDER TO POST A BOND OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES, AND AUTHORIZES MORTGAGEE’S ATTORNEY TO ISSUE A WRIT FOR A SECURITY IN CONNECTION WITH ANY PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER, OBTAINED BY LENDER AND WAIVES ANY CLAlM IN TORT, CONTRACT OR OTHERWISE AGAINST MORTGAGEE’S ATTORNEY WHICH MAY ARISE OUT OF SUCH New Haven County, CT ISSUANCE OF THE WRIT FOR A PREJUDGMENT REMEDY WlTHOUT COURT ORDER, MORTGAGOR ACKNOWLEDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AND AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, MORTGAGOR RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF MORTGAGEE’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST MORTGAGOR’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 MORTGAGOR HAVE. THE RIGHT OBJECTIONS TO ANY NOTICE OR PRIOR HEARING WHERE MORTGAGOR MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF MORTGAGOR IS TO GRANT TO MORTGAGEE FOR GOOD AND VALUABLE. CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO ASSURE THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY GUARANTOR TO ANY ACTION BROUGHT BY LENDER. THIS WAIVER IS VALID MADE BY THE GUARANTOR ON BEHALF OF THE GUARANTOR AND CONSTITUTIONALTHE GUARANTOR'S SUCCESSORS, HEIRS AND ASSIGNS AND SHALL APPLY TO ANY AND ALL ACTIONS AGAINST SUCH SUCCESSORS, HEIRS AND ASSIGNS. New Haven County(The remainder of this page is intentionally left blank.) EXECUTED, CT This Mortgage has been duly executed by Mortgagor on effective as of the date first above writtenwritten above. MACDERMIDGUARANTOR: INLAND REAL ESTATE INVESTMENT CORPORATION, INCORPORATED a Delaware corporation By: /s/ Xxxxxxx Xxxxxxxxx X. Xxxxxxxxxxx Xxxxx Name: Xxxxxxx Xxxxxxxxx X. Xxxxxxxxxxx Xxxxx Title: Senior Vice President, Finance CFO STATE OF COLORADO ILLINOIS ) : ss.: ) COUNTY OF DENVER DUPAGE ) /s/ Xxxxx Xxxxxxxxxxx Commissioner This instrument was ACKNOWLEDGED before me this 26th day of the Superior Court/ Notary Public Personally appeared Xxxxxxx December, 2012, by Xxxxxxxxx X. BohngbnIkeXxxxx, Senior Vice PresidentCFO of INLAND REAL ESTATE INVESTMENT CORPORATION, Finance of MacDermida Delaware corporation, Incorporated signer and sealer of the foregoing instrument, who, being duly authorized, acknowledged the same to be his free act and deed and the free act and deed on behalf of said corporation, before me. New Haven County, CT 128 Schedule [S E A Description of the Premises [See attachedL] (LEGAL DESCRIPTION) FIRST PARCEL: That certain piece or parcel of land, with all the improvements thereon, situated on the southerly aide of Huntingdon Avenue and the northerly side of East Aurora Street, in said Town or Waterbury, county of New Haven and /s/ Xxxxxxxx X. Ireland Notary Public - State of Connecticut, bounded and described as followsIllinois My Commission Expires: Beginning at a point in the southerly line 11/7/16 Printed Name of Huntingdon Avenue, at the northwesterly corner of land, of the Grantee herein, being also the northeasterly corner of the within described land; thence running westerly in, the southerly line of Huntingdon Avenue 100.00 feet; thence making an interior angle of 74’38’30” with the southerly :line of Huntingdon Avenue and running southerly in a line parallel to the westerly line of land of the Grantee herein, 304.78 feet. to the northerly line of Xxxx Xxxxxx Xxxxxx; thence making an interior angle of 15’40’30” with the last .described line and running easterly in the northerly line of Xxxx Xxxxxx Xxxxxx 70.78 feet to a point of curve; thence continuing easterly in the northeasterly line of Xxxx Xxxxxx Xxxxxx and in a line curving to the right having a radius of 6050.00 feet, a distance of 28.74 feet to the southwesterly corner of land of the Grantee herein; thence running northerly in the westerly line of land of the Grantee herein 333,74 feet to the point of beginning. BoundedNotary Public : NORTHERLY: by Huntingdon Avenue WESTERLY: by other land or the Grantor herein; SOUTHERLY: by Xxxx Xxxxxx Xxxxxx; and EASTERLY: by land of the Grantee herein.Xxxxxxxx X. Ireland

PREJUDGMENT REMEDY. TO INDUCE MORTGAGEE. TO ACCEPT THlS MORTGAGE, MORTGAGOR AGREES GUARANTOR ACKNOWLEDGES THAT THE LOAN SECURED BY THIS MORTGAGE, THE NOTES, lF ANY, SECURlNG SAME AND ALL OTHER LOAN DOCUMENTS ARE AND EVIDENCE TRANSACTION IS A “"COMMERCIAL TRANSACTION,” " AS SUCH. TERM SUCH IS DEFINED IN CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES AS AMENDED, AND NOT A CONSUMER TRANSACTION, AND HEREBY WAIVES ANY RIGHT TO A NOTICE AND HEARING ALL RIGHTS THAT THE BORROWER MAY HAVE UNDER CHAPTER 903a SECTION 52-278(a) THROUGH 57-278(g) OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, INTENDING THEREBY THAT IN THE EVENT OF ANY LEGAL ACTION BETWEEN THE GUARANTOR AND THE LENDER OR HOLDER ARISING OUT OF THE NOTE, THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS, THE LENDER OR HOLDER MAY INVOKE ANY PREJUDGMENT REMEDY, INCLUDING BUT NOT LIMITED TO, GARNISHMENT, ATTACHMENT, FOREIGN ATTACHMENT AND REPLEVIN, WITHOUT GIVING THE BORROWER AND/OR ANY GUARANTOR ANY NOTICE OR OPPORTUNITY FOR A HEARING OR OBTAINING A COURT ORDER. GUARANTOR FURTHER HEREBY WAIVES ANY REQUIREMENT OR OBLIGATION OF LENDER TO POST A BOND OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES, AND AUTHORIZES MORTGAGEE’S ATTORNEY TO ISSUE A WRIT FOR A SECURITY IN CONNECTION WITH ANY PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER, OBTAINED BY LENDER AND WAIVES ANY CLAlM IN TORT, CONTRACT OR OTHERWISE AGAINST MORTGAGEE’S ATTORNEY WHICH MAY ARISE OUT OF SUCH New Haven County, CT ISSUANCE OF THE WRIT FOR A PREJUDGMENT REMEDY WlTHOUT COURT ORDER, MORTGAGOR ACKNOWLEDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AND AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, MORTGAGOR RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF MORTGAGEE’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST MORTGAGOR’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 MORTGAGOR HAVE. THE RIGHT OBJECTIONS TO ANY NOTICE OR PRIOR HEARING WHERE MORTGAGOR MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF MORTGAGOR IS TO GRANT TO MORTGAGEE FOR GOOD AND VALUABLE. CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO ASSURE THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY GUARANTOR TO ANY ACTION BROUGHT BY LENDER. THIS WAIVER IS VALID MADE BY THE GUARANTOR ON BEHALF OF THE GUARANTOR AND CONSTITUTIONALTHE GUARANTOR'S SUCCESSORS, HEIRS AND ASSIGNS AND SHALL APPLY TO ANY AND ALL ACTIONS AGAINST SUCH SUCCESSORS, HEIRS AND ASSIGNS. New Haven CountyEXECUTED, CT This Mortgage has been duly executed by Mortgagor on effective as of the date first above writtenwritten above. MACDERMIDGUARANTOR: INLAND REAL ESTATE INVESTMENT CORPORATION, INCORPORATED a Delaware corporation By: /s/ Xxxxxxx Xxxxxxxxx X. Xxxxxxxxxxx Xxxxx Name: Xxxxxxx Xxxxxxxxx X. Xxxxxxxxxxx Xxxxx Title: Senior Vice President, Finance CFO STATE OF COLORADO ILLINOIS ) : ss.: ) COUNTY OF DENVER DUPAGE ) This instrument was ACKNOWLEDGED before me this 26th day of December, 2012, by XXXXXXXXX X. XXXXX, the CFO of INLAND REAL ESTATE INVESTMENT CORPORATION, a Delaware corporation, on behalf of such corporation. [S E A L] /s/ Xxxxx Xxxxxxxxxxx Commissioner of the Superior Court/ Xxxxxxxx X. Ireland Notary Public Personally appeared Xxxxxxx X. BohngbnIke, Senior Vice President, Finance of MacDermid, Incorporated signer and sealer of the foregoing instrument, who, being duly authorized, acknowledged the same to be his free act and deed and the free act and deed of said corporation, before me. New Haven County, CT 128 Schedule A Description of the Premises [See attached] (LEGAL DESCRIPTION) FIRST PARCEL: That certain piece or parcel of land, with all the improvements thereon, situated on the southerly aide of Huntingdon Avenue and the northerly side of East Aurora Street, in said Town or Waterbury, county of New Haven and - State of Connecticut, bounded and described as followsIllinois My Commission Expires: Beginning at a point in the southerly line 11/7/16 Printed Name of Huntingdon Avenue, at the northwesterly corner of land, of the Grantee herein, being also the northeasterly corner of the within described land; thence running westerly in, the southerly line of Huntingdon Avenue 100.00 feet; thence making an interior angle of 74’38’30” with the southerly :line of Huntingdon Avenue and running southerly in a line parallel to the westerly line of land of the Grantee herein, 304.78 feet. to the northerly line of Xxxx Xxxxxx Xxxxxx; thence making an interior angle of 15’40’30” with the last .described line and running easterly in the northerly line of Xxxx Xxxxxx Xxxxxx 70.78 feet to a point of curve; thence continuing easterly in the northeasterly line of Xxxx Xxxxxx Xxxxxx and in a line curving to the right having a radius of 6050.00 feet, a distance of 28.74 feet to the southwesterly corner of land of the Grantee herein; thence running northerly in the westerly line of land of the Grantee herein 333,74 feet to the point of beginning. BoundedNotary Public: NORTHERLY: by Huntingdon Avenue WESTERLY: by other land or the Grantor herein; SOUTHERLY: by Xxxx Xxxxxx Xxxxxx; and EASTERLY: by land of the Grantee herein.Xxxxxxxx X. Ireland

PREJUDGMENT REMEDY. TO INDUCE MORTGAGEE. MORTGAGEE TO ACCEPT THlS THIS MORTGAGE, MORTGAGOR AGREES THAT THE LOAN SECURED BY THIS MORTGAGE, THE NOTES, lF IF ANY, SECURlNG SECURING SAME AND ALL OTHER LOAN DOCUMENTS ARE AND EVIDENCE EVIDENCE. A “COMMERCIAL TRANSACTION,” AS SUCH. SUCH TERM IS DEFINED IN CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES AS AMENDED, AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO A NOTICE AND HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES, AND AUTHORIZES MORTGAGEE’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 CLAlM CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST MORTGAGEE’S ATTORNEY WHICH MAY ARISE OUT OF SUCH New Haven County, CT ISSUANCE OF THE WRIT FOR A PREJUDGMENT REMEDY WlTHOUT COURT ORDER, MORTGAGOR ACKNOWLEDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AND AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, MORTGAGOR RECOGNIZES RECOGNlZES AND UNDERSTANDS THAT THE EXERCISE OF MORTGAGEE’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST MORTGAGOR’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE. HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A ‘COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL MORTGAGOR HAVE. HAVE THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE MORTGAGOR MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF MORTGAGOR IS TO GRANT TO MORTGAGEE FOR GOOD AND VALUABLE. VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH Tolland County, CT A PREJUDGMENT REMEDY AND TO TO. ASSURE THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL. New Haven Tolland County, CT This Mortgage has been duly executed by Mortgagor on the date first above written. MACDERMID, INCORPORATED By: /s/ Xxxxxxx X. Xxxxxxxxxxx Gregory M. Bolingbroke Name: Xxxxxxx X. Xxxxxxxxxxx Gregory M. Bolingbroke Title: Senior Vice President, Finance Witnessed by: /s/ Gregory Ely Name: Gregory Ely /s/ Katherine Agnes-Rojos Name: Katherine Agnes-Rojos Tolland County, CT 77 April 9, 2007 STATE OF COLORADO ) : ss.: COUNTY OF DENVER ) /s/ Xxxxx Xxxxxxxxxxx Commissioner of the Superior Court/ Notary Public Personally appeared Xxxxxxx X. BohngbnIkeGregory M. Bolingbroke, Senior Vice President, Finance of MacDermid, Incorporated signer and sealer of the foregoing instrument, who, being duly authorized, acknowledged the same to be his free act and deed and the free act and deed of said corporation, before me. New Haven /s/ Susan Fitzpatrick Commissioner of the Superior Court/ Notary Public Tolland County, CT 128 Schedule A Description of the Premises [See attached] Tolland County, CT (LEGAL DESCRIPTION) FIRST PARCEL: That certain piece or parcel of land, land together with all of the buildings and improvements thereon, situated located on the southerly aide of Huntingdon Avenue and the northerly southeasterly side of East Aurora Street, Freight Street in said Town or the City of Waterbury, county County of New Haven Haven, and State of Connecticut, bounded and more particularly described as follows: Beginning at a point in on the southerly line southeasterly side of Huntingdon AvenueFreight Street, at which point marks the northwesterly corner of land, land now or formerly of the Grantee herein, being also The Penn Central Corporation and the northeasterly corner of the within described landparcel; thence running westerly inS40°30’54”E, the southerly line of Huntingdon Avenue 100.00 feet; thence making an interior angle of 74’38’30” with the southerly :line of Huntingdon Avenue and running southerly in a line parallel to the westerly line of land of the Grantee herein, 304.78 feet. to the northerly line of Xxxx Xxxxxx Xxxxxx; thence making an interior angle of 15’40’30” with the last .described line and running easterly in the northerly line of Xxxx Xxxxxx Xxxxxx 70.78 579.82 feet to a point of curvepoint; thence continuing easterly in S40°38’06”W, 468.80 feet along land now or formerly of Raymond L. Garassino to a point; thence N 87°13’30”W, 30.03 feet, along land now or formerly of the northeasterly line State of Xxxx Xxxxxx Xxxxxx and Connecticut; thence 10.83 feet in a line curving generally northerly direction along the arc of a curve to the right having a radius of 6050.00 feet, a distance of 28.74 838.82 feet to the southwesterly corner of land of the Grantee hereina point; thence running northerly N32°03’04”W, 547.71 feet along the Naugatuck River to a point in the westerly line southeasterly side of land of the Grantee herein 333,74 Freight Street; thence N47°33’36”E, 408.69 feet to the point and place of beginning. BoundedSaid parcel is further bounded as follows: NORTHERLY: by Huntingdon Avenue WESTERLY: by other Northwesterly – on Freight Street; Northeasterly – on land now or formerly of The Pen Central Corporation) Southeasterly – on land now or formerly of Raymond L. Garassino and the Grantor herein; SOUTHERLY: by Xxxx Xxxxxx XxxxxxState of Connecticut, each in part; and EASTERLY: Southwesterly – by land the Naugatuck River. Said premises are shown on a certain Map entitled “MAP SHOWING PERIMETER OF LAND TO BE CONVEYED TO MACDERMID, INCORPORATED BY ATLANTIC RICHFIELD COMPANY WATERBURY, CONN. The A.J. Patton Co., Waterbury Conn., June 23, 1982 Scale 1” = 40’”, which map is recorded in Drawer XIY, Page 12 in the Waterbury Town Clerk’s Office. Together with a possible right of way thirty (30) feet in width from the southeasterly line of said premises, as a right of way from said Freight Street to so-called Race Street, as referred to in a certain deed of Waterbury Brass Company to The American Brass Company dated December 20, 1911, recorded in Volume 241, at Page 346 of the Grantee herein.Waterbury Land Records. Together with the right to use existing pipes, drains and appurtenances thereto, and in that connection, the right to use a certain trailrace in common with others, as reserved and more particularly described in paragraph “G” of a certain deed from The Anaconda Company to M.R.T. Realty dated September 8, 1978, recorded in Volume 1344, at Page 110 of the Waterbury Land Records. Together with all right, title, and interest, if any, in and to any lands lying between the southwesterly line of said premises and the centerline of the Naugatuck River. Tolland County, CT OPEN END MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT from MACDERMID, INCORPORATED, Mortgagor in favor of CREDIT SUISSE, as Administrative Agent and Collateral Agent, Mortgagee. DATED AS OF APRIL 12, 2007 After recording, please return to: Latham & Watkins LLP 885 Third Ave. New York, NY 10022 ATTN: Tamara Katz, Esq. This OPEN END MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT, dated as of April 12, 2007 is made by MACDERMID, INCORPORATED, a Connecticut corporation, mortgagor (together with any successors, “Mortgagor”), whose address is 245 Freight Street, Waterbury Connecticut 06702, to CREDIT SUISSE, in its capacity as Administrative Agent and in its capacity as Collateral Agent, for the ratable benefit of the Secured Parties, mortgagee (together with its respective successors and assigns, in such capacities, “Mortgagee”), whose address is Eleven Madison Avenue, New York, New York 10010. References to this “Mortgage” shall mean this instrument and any and all renewals, modifications, amendments, supplements, extensions, consolidations, substitutions, spreaders and replacements of this instrument..

PREJUDGMENT REMEDY. TO INDUCE MORTGAGEE. TO ACCEPT THlS MORTGAGE, MORTGAGOR AGREES GUARANTOR ACKNOWLEDGES THAT THE LOAN SECURED BY THIS MORTGAGE, THE NOTES, lF ANY, SECURlNG SAME AND ALL OTHER LOAN DOCUMENTS ARE AND EVIDENCE TRANSACTION IS A “"COMMERCIAL TRANSACTION,” " AS SUCH. TERM SUCH IS DEFINED IN CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES AS AMENDED, AND NOT A CONSUMER TRANSACTION, AND HEREBY WAIVES ANY RIGHT TO A NOTICE AND HEARING ALL RIGHTS THAT THE BORROWER MAY HAVE UNDER CHAPTER 903a SECTION 52-278(a) THROUGH 57-278(g) OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, INTENDING THEREBY THAT IN THE EVENT OF ANY LEGAL ACTION BETWEEN THE GUARANTOR AND THE LENDER OR HOLDER ARISING OUT OF THE NOTE, THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS, THE LENDER OR HOLDER MAY INVOKE ANY PREJUDGMENT REMEDY, INCLUDING BUT NOT LIMITED TO, GARNISHMENT, ATTACHMENT, FOREIGN ATTACHMENT AND REPLEVIN, WITHOUT GIVING THE BORROWER AND/OR ANY GUARANTOR ANY NOTICE OR OPPORTUNITY FOR A HEARING OR OBTAINING A COURT ORDER. GUARANTOR FURTHER HEREBY WAIVES ANY REQUIREMENT OR OBLIGATION OF LENDER TO POST A BOND OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES, AND AUTHORIZES MORTGAGEE’S ATTORNEY TO ISSUE A WRIT FOR A SECURITY IN CONNECTION WITH ANY PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER, OBTAINED BY LENDER AND WAIVES ANY CLAlM IN TORT, CONTRACT OR OTHERWISE AGAINST MORTGAGEE’S ATTORNEY WHICH MAY ARISE OUT OF SUCH New Haven County, CT ISSUANCE OF THE WRIT FOR A PREJUDGMENT REMEDY WlTHOUT COURT ORDER, MORTGAGOR ACKNOWLEDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AND AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, MORTGAGOR RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF MORTGAGEE’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST MORTGAGOR’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 MORTGAGOR HAVE. THE RIGHT OBJECTIONS TO ANY NOTICE OR PRIOR HEARING WHERE MORTGAGOR MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF MORTGAGOR IS TO GRANT TO MORTGAGEE FOR GOOD AND VALUABLE. CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO ASSURE THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY GUARANTOR TO ANY ACTION BROUGHT BY LENDER. THIS WAIVER IS VALID MADE BY THE GUARANTOR ON BEHALF OF THE GUARANTOR AND CONSTITUTIONALTHE GUARANTOR'S SUCCESSORS, HEIRS AND ASSIGNS AND SHALL APPLY TO ANY AND ALL ACTIONS AGAINST SUCH SUCCESSORS, HEIRS AND ASSIGNS. New Haven County(The remainder of this page is intentionally left blank.) EXECUTED, CT This Mortgage has been duly executed by Mortgagor on effective as of the date first above writtenwritten above. MACDERMIDGUARANTOR: INLAND REAL ESTATE INVESTMENT CORPORATION, INCORPORATED a Delaware corporation By: /s/ Xxxxxxx Xxxxxxxxx X. Xxxxxxxxxxx Xxxxx Name: Xxxxxxx Xxxxxxxxx X. Xxxxxxxxxxx Xxxxx Title: Senior Vice President, Finance CFO STATE OF COLORADO ILLINOIS ) : ss.: ) COUNTY OF DENVER DUPAGE ) /s/ Xxxxx Xxxxxxxxxxx Commissioner This instrument was ACKNOWLEDGED before me this 26th day of the Superior Court/ Notary Public Personally appeared Xxxxxxx December, 2012, by Xxxxxxxxx X. BohngbnIkeXxxxx, Senior Vice PresidentCFO of INLAND REAL ESTATE INVESTMENT CORPORATION, Finance of MacDermida Delaware corporation, Incorporated signer and sealer of the foregoing instrument, who, being duly authorized, acknowledged the same to be his free act and deed and the free act and deed on behalf of said corporation, before me. New Haven County, CT 128 Schedule [S E A Description of the Premises [See attachedL] (LEGAL DESCRIPTION) FIRST PARCEL: That certain piece or parcel of land, with all the improvements thereon, situated on the southerly aide of Huntingdon Avenue and the northerly side of East Aurora Street, in said Town or Waterbury, county of New Haven and /s/ Xxxxxxxx X. Ireland Notary Public - State of Connecticut, bounded and described as followsIllinois My Commission Expires: Beginning at a point in the southerly line 11/7/2016 Printed Name of Huntingdon Avenue, at the northwesterly corner of land, of the Grantee herein, being also the northeasterly corner of the within described land; thence running westerly in, the southerly line of Huntingdon Avenue 100.00 feet; thence making an interior angle of 74’38’30” with the southerly :line of Huntingdon Avenue and running southerly in a line parallel to the westerly line of land of the Grantee herein, 304.78 feet. to the northerly line of Xxxx Xxxxxx Xxxxxx; thence making an interior angle of 15’40’30” with the last .described line and running easterly in the northerly line of Xxxx Xxxxxx Xxxxxx 70.78 feet to a point of curve; thence continuing easterly in the northeasterly line of Xxxx Xxxxxx Xxxxxx and in a line curving to the right having a radius of 6050.00 feet, a distance of 28.74 feet to the southwesterly corner of land of the Grantee herein; thence running northerly in the westerly line of land of the Grantee herein 333,74 feet to the point of beginning. BoundedNotary Public: NORTHERLY: by Huntingdon Avenue WESTERLY: by other land or the Grantor herein; SOUTHERLY: by Xxxx Xxxxxx Xxxxxx; and EASTERLY: by land of the Grantee herein.Xxxxxxxx X. Ireland