EFTA00186331.pdf

• PilLM BEACH NATIONAL BANI BR: PE & TRUST COMPANY 'Lg. Tin RELATIONSHIP APPROVAL TICKET 5.741!Name of Prepared By: NJB ORIGINAL ..VRROWER(S) Jeffrey E. Epstein DATE First Request MAILING ADDRESS 457 Madison Ave. 4th Floor OFFICER . H. Loy Anderson, Jr. New York, NY 10020 , OFFICER // 1 REFERRING OFFICER Nancy Bruno PHONE LOAN GRADE 3 TAX ID A(S) OBLIGOR NUMBER AELATED NAICS CODE S 14•/•1(9fiROW . ERS LAST APPROVAL OWING AS OF DESIRED BASIS ( 8/1/02 ) ( 6/21/02 ) 1:14.5% Fixed $25,000 $12,468 $35,000 Visa Business credit card (uncerured) INO NES, :/ifl.8 Annual Fee Personally guaranteed by Jeffrey E. Epstein s. 14.5% Fixed $25,000 Visa Business credit card (unsecured) 1NO Jebe, Personally guaranteed by Jeffrey E. Epstein L_ tDf ; • TOTALS $25,000 $12,468 $60,000 *tPPROVAL • 6/21/02 Date EFTA00186331  J. BUS-NESS CARD APPLICATION PALM BEACH NATIONAL BANK & TRUST CO. BRANCH PHONE # -OMPANY NAME: fc6e t INC. SPECIFIC NATURE OF BUSINESS: ‘P-C-Itarr INDICATE TITLE DESIRED ON CARD: (LIMITED TO 24 SPACES) OOOO OOOOOOOOOOOOOOO OOO BILLING ADDRR sn CITY: STATE: ZIP CODE: 40 i _ (nrIbiSGA) id pi C.--0 yoh.ic, fLy /00 TYPE,PF ORGANIZATION 7 (PLEASE CHECK): DATE BUSINESS ESTABLISHED: TAX ID NUMBER: IP ITCORPORATION O PARTNERSHIP O PROPRIETORSHIP PROVIDE NAME O CONTACT PERSON: PHON at4.% gr t— toi II INDIVIDUAL INFORMATION PRINCIPALS/OWNERS WILL BE REQUIRED TO PERSONALLY GUARANTEE ACCOLNT(S). PLEASE SIGN BELOW AND ON REVERSE SIDE. INDIVIDUAL INFORMATION MUST BE PROVIDEDON ALL GUARANTORS. •illARANTOR I: FIRST MIDDLE INITIAL LAST DATE OF B7: SOCIAL SECURITY NUMBER: ADDRESS: jeratcy STREET: CeSre- APT #:CITY: 4 /3 STATE: ZIP CODE: TIME AT ADDX: ( 4-- PREVIOUS ADDRESS: f Cj4-4 1TREET: A CITY: 6acti- STATE: pc, 33iige ZIP CODE: (et i TIME AT ADDRESS: OWN OR RENT: MONTHLY PAYMENTS: GROSS ANNUAL:INCOME: HOME PHONE NUMBER: CI-t/OfJ POSITIONAITH COUPANY: % OWNERSHIP: TIME IN BUSINES.S 2:, en...O . 0 0 -NA-5 GUARANTOR 2: FIRST MIDDLE INITIAL LAST DATE OF BIRTH: SOCIAL SECURITY NUMBER: HOME ADDRESS: STREET: APT #: CITY: STATE: ZIP CODE: TIME AT ADDRESS: -PREVIOUS ADDRESS: STREET: APT #: CITY: STATE: ZIP CODE: TIME AT ADDRESS: r; OWN OR RENT: MONTHLY PAYMENTS: GROSS ANNUAL INCOME: HOME PHONE NUMBER: POSITION WITH COMPANY: V. OWNERSHIP: TIME IN BUSINESS: OFFICE PHONE III. BANKING RELATIONSHIPS Oil 1:AS1' I IS I (IN! Y YO( HI ',moss A(COIININ) BANK TYPE OF ACCOUNT IF LOAN-SECURED ACCOUNT NUMBER AVERAGE OR UNSECURED BALANCE Business Checking.. — Palm Bch Nat'l Bank & Trust Comp. • $ IV. INDIVIDUAL CARDHOLDER LIST THE NAMES OF ALL AUTHORIZED SIGNERS TO WHOM CARDS ARE TO BE ISSUED FOR BUSINESS USE. NAME (PRINT) SIGNATURE LIMIT REQUEST 1)11\ it0,): Pobee S ATitqc.ttc0 $ 1O,o 00 s 571cwal y,sosici S 10 °op eno tso"' $ 00e) TOTAL LIMIT REQUESTED $ I III I MI It/V. BILLING OPTIONS: IF REQUESTING MORE THAN ONE ACCOUNT, PLEASE CHOOSE AN OPTION: O INDIVIDUAL ACCOUNTS BILLED SEPARATELY EACH MONTH %ONE CONSOLIDATED MONTHLY BILLING STATEMENT CASH ADVANCE ACCESS CAPABILITY: O YES WO AT QUALIFIED AUTOMATIC TELLER MACHINES. O YES ZINO ANY BUSINESS CARD ACCOUNTS CURRENTLY HELD WITH THIS BANK?: O YES O NO ACCOUNT if Applicant represents that this information is true and complete, and authorizes the creditor to verify the information and obtain additional Information concerning Company's credit standing, and to furnish such credit information to others. Company agrees to be bound by and obligated according to the creditors regulations. Applicant represents and warrants that the credit will be used primarily (50% or mom) for other than personal, family household or agricultural purposes. Applicant understands that this representation is to confirm that no disclosures are required under the Federal Truth-in-Lending law. Applicant requests establishment of an account for each authorized user designated above or on the attached list, as may be amended in writing from time to time by Applicant. Each such designated person is an authorized user and shall have the authority to use the account designated for such authorized user until the creditor is notified to the contrary in writing by the Company. Ot— • 'APPLICANT SIGNATURE: DATE: al LINT NAME: CORPORATE TITLE: EFTA00186332  Visa Business Card Regula ns The Undersigned Holder ab a to the following terms and conditions: Dated this _ilday of int 7 von._ PALM BEACH NATIONAL BANK Name of Holder (N f orporation, Partnership, Proprietorship) & TRUST COMPANY By: Author' Sig Its 3931 RCA Blvd Suite 3102 2CS Palm Beach Gardens, FL 33410 Title 1. Agreement These regulations govern the possession and use of VISA Then, we add up all of the daily balances for the billing cycle and divide the total Business Cards ("card") issued by Palm Beach National Bank & Trust Co. by the number of days in the billing cycle. This gives us the average daily balance. ("Issuer"). Each party that applies fora VISA Business Card is referred to in these Interest accrues on credit purchases beginning on the date the purchase is posted regulations as a Holder. Issuer shall establish an account for each person to the account unless the Previous Balance shown on the statement is paid in full designated by Holder as an authorized user ("Authorized User"). Holder consents prior to the Closing Date of the statement. Credit purchases made during the and agrees to these regulations and to the terms contained on the cards, any sales statement period and the Previous Balance will be excluded from the calculation drafts, credit adjustment memos or cash advance drafts signed by or given to of average daily balance if the Previous Balance shown on the front of the Holder or any Authorized User. The provisions of these regulations, as they may statement is paid in full prior to the Closing Date. Interest on cash advances be amended from tinie to time as provided in these regulations, govern Holder's begins to acrue on the date the advance is posted to the account. Additional obligations, notwithstanding any additional or different terms contained in the interest on an account may be avoided by paying in full the New Balance shown cards, sales drafts, credit adjustment memos and cash advance drafts or any other on the account's monthly statement within 25 days after the Closing Date fur that documents evidencing an account transaction. Holder authorizes an investigation statement of its credit standing prior to the issuance of cards and at any time thereafter, and T. Additional Fees. Each account shall be subject to the following addi- authorizes disclosure of information to third parties relating to its credit standing. tional fees: (1) S25 late charge if any minimum payment is not paid in full on or If Holder or Authorized User requests any VISA Business Card services, Holder before the due date shown on the monthly statement issued immediately after the or Authorized User consents to the release of Holders or Authorized User's monthly statement on which the unpaid minimum payment first appears; (2) S10 personal data to VISA USA, Inc. and its member financial institutions and/or their for each cash advance; (3) 55 for replacement of a card; and (4) reasonable respective contractors for the purposes of providing such services. charges according to the then current fee schedule for additional copies of 2. Membership. A non-refundable annual membership fee of N/A will monthly statements, drafts and receipts requested. Fees imposed will be posted to be assessed per card. Holder represents that cards will be used exclusively for the account. business purposes and not for personal, family, household or agricultural 8. Foreign Transactions. If a Holder's card is used to effect a transaction purposes. in a foreign currency, the transaction amount will be converted to U.S. dollars by 3. Use of Card. Credit for purchases from a merchant or cash advances VISA International. VISA converts foreign currency to U.S. dollars using either from a participating financial institution may be obtained by presenting the card to the government mandated exchange rate or the wholesale exchange rate, in effect the merchant or participating financial institution, and, if requested, by providing one day before the date of the conversion, as applicable. The exchange rate is the proper identifying information and signing the appropriate drafts. Failure to increased by 1% if the conversions made in connection with a charge to an sign a draft does not relieve the Holder of liability for purchases made or cash account and decreased by l% if the conversion is made in connection with a credit received. The card may also be used to obtain cash advances from certain to an account. The date of conversion by VISA may differ from the purchase date automated equipment provided it is used with the correct personal identification and the posting date identified in the monthly statement for the account. Holder number ("PIN,. The amount and frequency of cash withdrawals and agrees to pay charges and accept credits for the converted transaction amounts in purchases may be limited. Except as provided below with respect to Holder's accordance with the terms of this paragraph. liability for unauthorized use where Issuer has issued ten (10) or more cards at 9. Disputes. Issuer is not responsible for refusal by any merchant, finan- Holder's request, Holder will be liable up to a maximum of 550.00 for the cial institution or automated equipment to honor or accept a card. Issuer has no unauthorized use of a card or PIN issued at Holder's request for charges that occur responsibility for merchandise or services obtained with a card and any dispute before Issuer receives notification orally or in writing of loss, theft or possible concerning merchandise or services will be independently settled by Holder with unauthorized use of a card or PIN. If Issuer has issued ten (10) or more cards at the merchant concerned. Holder's request, Holder will be liable for any and all unauthorized use of a card. 10. Default. Holder covenants to observe and comply with these regula- Unauthorized use is any use by an individual other than an Authorized User if tions and not to permit an event of default to occur. Holder further covenants not without the knowledge or consent of the Holder. Any use of the card or PIN by an to take any action or permit any event to occur which materially impairs holder's Authorized User, or by any other with the knowledge or consent of the Authorized ability to pay when due. Upon the occurrence of any one or more of the following User, or Holder, is authorized use. Lost or stolen cards or PINs should be events of default; (a) Holder fails to pay at least the Minimum Payment when due; reported immediately to Issuer by notifying Bs Cen (b) Holder dies, ceases to exist, changes residency to another state, becomes lilt, Madison, WI 53701-1111, Telephone or 1 insolvent or the subject of bankruptcy or insolvency proceedings; (c) Holder fails Holder shall be liable for all charges, fees and other costs that accrue on each to observe any covenant or duty contained in these regulations; (d) any item in account. any financial statement delivered by Holder to Issuer is false in any material 4. Credit Line. Holder will from time to time be informed of the amount respect when given; or (e) the occurrence of default under any agreement securing of the approved credit line under each account established for Holder, and Holder the obligations hereunder, the full amount of Holder's account shall, at Issuer's covenants not to make, authorize or allow credit purchases or borrowings in option become immediately due and payable. Holder agrees to pay all costs of excess of the amount. However, notwithstanding such credit line, Holder is liable collection before and after judgment, including reasonable attorneys' fees for all purchases and borrowings made with its cards by it or by anyone (including those incurred in successful defense or settlement of any counterclaim authorized to use the cards. brought by Holder or incident to any action or proceeding involving Holder 5. Payment. Holder will be furnished at the address identified by Holder, brought pursuant to the United States Bankruptcy Code). a monthly statement for each account for each billing period at the end of which 11. Right of Setoff. Issuer has the right of setoff against any deposit account there is an undisputed debit or credit balance of 51.00 or more. The full amount Holder maintains with Issuer to satisfy any obligations of Holder to Issuer. billed ("New Balance') is due on demand. If Issuer does not demand payment of 12. Termination. Holders consent to these regulations may be terminated the New Balance on the monthly billing statement., either (a) the New Balance or, at any time by surrendering the cards issued to Holder or at Holder's request, but (b) a Minimum Payment of the greater of 520 or 5 % of the New Balance, such termination shall not affect Holder's obligations as to any balances or charges shall be paid within 25 days after the Closing Date of that billing statement outstanding at the time of termination. Termination by any Holder shall be Payments must be made at BankCard Center, Milwaukee, Wisconsin, 53288- binding on each Authorized User. Unless sooner terminated, the privilege to use 0200. Payments made at any other location may cause delay in crediting the the cards shall expire on the date shown on the cards. At any time, without account. Payments received after 2:00 Y.M. on any Monday through Friday, liability to Holder and without affecting Holder's liability for credit previously but excluding federal legal holidays, or at any time on any non-banking day extended. Holder's privileges to use the cards may be revoked or limited by Issuer will be considered as payments made on the following banking day. All to the extent not prohibited by law. The cards are and shall remain the property of payments will be applied first to interest, second to additional fees, if any, in the Issuer and Holder agrees to surrender them to Issuer upon demand. Holder agrees order of their entry to the account, third to previously billed cash advances, to notify Issuer immediately of any cancellation of an Authorized User's charging purchases and other similar charges in the order of their entry to the account, and privileges. Holder shall roam to Issuer any cards issued to Authorized Users then to current cash advances, purchases and other similar charges in the order of whose privileges have been terminated. their entry to the account. 13. Amendments. Issuer may amend these regulations and may amend the 6. Finance Charges. Interest shall accrue on each account as shown on charge terms from time to time and will mail to Holder at Holder's last known the monthly statements, for each billing period in which there is a cash advance or address as shown on the records of Issuer written notice of any such change not the Previous Balance is not paid in full prior to the Closing Date of the billing less than 15 days prior to its effective date, or as otherwise required by law. statement. Interest It computed by applying the monthly periodic rate of Invalidity of any provision of these regulations shall not affect the validity of any I.208% (ANNUAL PERCENTAGE RATE OF 143%) to the avenge daily other provisions. balance of the account. To get the average daily balance, we take the beginning 14. Governing Law. Holder agrees to be governed by Florida law with balance of the account each day, add any new cash advances, credit purchases respect to all aspects of the transactions arising under these regulations. and other charges, and subtract any payments or credits, unpaid late charges, unpaid membership fees and other unpaid fees. This gives us the daily balance. FORMA 990004 REviSED 0999 EFTA00186333  If the applicant kr the Account is approved, then the following Guaranty will be effective. If the application for the Account is not approved their the following Guaranty is null and void. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, and for the purpose(s) of inducrag Palm Beach National Bank & TM& Compasy ("Bank") tO man& make, renew, modify and or continue to emend. make, renew or modify tLe Business Credit Card Account of J til0‘ (the "Borrower) the undersigned Guarantor (jointly and severally, if note than one, "Guarantor') absolutely and unconditionally guarantees and promises to pay to Bank or its order, on demand, in lawfully obtained legal tender of the United Sates of America. the Account iadebsedness of the Borrower to Bank on the terms and conditions set forth in this Guaranty. Under this Guaranty, the liability of Guarantor is unlimited and the obligations of Guarantor are continuing. NATURE OF GUARANTY. Guarantor's liability under this Guaranty shall be open and continuous for so long as this Guaranty remains in force. Guarantor intends to guarantee at all limes the performance and peonvt payment wheti due, whether at maturity or earlier by reason of acceleration or otherwise, of all Account indebtedness. Accordingly. no payments nude upon the Account indettechteu will discharge or diminish the continuing liability of Guarantor in connection with any remaining portions of the Account indebtedness or any of the Account indebtedness which srisequendy arises or is thereafter incurred or contrasted. This is not a special guaranty. DURATION OF GUARANTY. This Guaranty will take effect when received by Bank without the necessity of any acceptance by Dank, or any notice to Guarantor or the Business, and will continue in full force until all Account indebtedness incurred or contracted before receipt by Bank of any notice of revocation shall have been fully and finally paid and satisfied and all other rthlitations of Guarantor under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty. Guarantor may only do so in writing. Written revocation of this Guaranty will apply only to advances or new Account indebtedness created after actual receipt by Bank of Guarantor's written 'evocation. TIM Guaranty and Guarantor's obligations hereunder remains fatty enforceable irrespective of any claim, defense or counterclaim which Borrower may assert on the Account "Athletics>, including but not limited to failure of consideration, breach of warranty, payment, statute of frauds, statute of limitation, accord and satisfaction, and usury, same of nbleb Guarantor hereby waives along with any standing by Guarantor to assert any said claim, defense or counter claim. GUARANTOR'S AUTHORIZATION TO PALM BEACH NATIONAL BANK & "TRUST COMPANY. Guarantor authorizes Bank, either before or alter any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time to alter, supplement, compromise, modify, renew, extend, terminate, accelerate, waive or otherwise change on or more times the time for payment or other terms, conditions, or provisions of the Account. GUARANTOR'S REPIASSEN7ATIONS AND WARRANTIES. Gansu represents and warrants to Bank chat (a) no represenutions or agitemens of any kind have been made to Guarantor which would limit or qualify in any way the tuns of this Guaranty. (b) Guarantor has, to its own satisfaction, independently investigated (and relies exclusively on); (i)Boriower's credit history; 00 00310Of es payment history with Bank. if any; and (iii) Borrower's past, current, and projected financial condition; (c) Upon Bank's request. Guarantor will provide to Bank financial and credit information in form acceptable to Bank and (d) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regardint Borrower's financial eardrums Guarantor agrees to keep adequately informed from such means of any facts, events, or cireuntanCeS which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that, absence request for information. Bank shall have no obligation to disclose to Guarantor any information or documents acquired by Bank in the comae of is relationship with Bonowcr. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Bank (a) to make any presentment, protest, demand. or notice of any kind, including notice of any nonpayment of the Account indebtedness or notice of any action or nometion on the part of Borrower or (b) to resort for payment or to proceed directly or at once against any person. including Borrower or any other Guarantor. :rpow or hereafter Borrower shall be or become insolvent, Guarantor hereby forever waives and relinquishes in favor of Bank and Borrower, and their respective successors, any clain, right or remedy to vermin Guarantor may now have or hereafter have or acquire against Borrower that arises hereunder and/or perforation by any guarantor including without limitations. any claim. Kandy or right of suhfocation reimbunement exoneration, indemnification, or participation in any claim. right or remedy of Bank against Borrower, whether or not such claim, right or renzdy 'arita in equity, under contract statute, amnion law or °Biennia, by subrogation or otherwise, so that at no time shall Guarantor be or become a "creditor' of Borrower within the meaning of II ti S.C. Section 547(b), or any successor provision of the Federal bankruptcy laws. Guarantee also waives any and all rights or defenses arising by reason of any election of remedies by Bank which destroys or otherwise adversely affects Guarantor's subrogation rights Guarantee's rights 10 proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the glACOunt indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Account indebtedness and thereafter Bank is forced to remit the amount of St payment to Borrower's trustee in bankruptcy or to any similar person under any kderal or state bankruptcy law or la w for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of enforcement of this Guaranty. This provision shall survive kraination of this Guaranty. RIGHT OF SETOFF. Guarantor authorizes Ban.k, to the extent permitted by applicable kw, to charge, withdraw or setoff all sums owing on the Account against any and all the accounts set forth below in the Accounts section without prior demand or notice to Guarantor. ACCOUNTS. Accounts shall include all Guarantor's deposits, accounts (whether checking savings, or song other account) or securities now or hereafter in the possession of or on deposit with Bank or with any Bank's affiliate or subsidiary including without liMitatiOn all accounts held jointly with someone else and all accounts Guarantor tray open in the future, excluding. however, all IRA. Keogh and trust accounts. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions art a Dart of this Guaranty: Amendments. This Guaranty constitutes the entire understanding, and agreement of the parties as to the matters set forth in this Guaranty and supersedes all prior understanding and correspondence. orr.: or minco, with respect to the 0:jerk miner hereof No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or panics sought to be charged or bound by the alteration or amendment. 'Applicable Law. This Guaranty shall be governed by and construed in accordance with the laws of the state where the Issuing Bank referenced above maintains its principal office. 'Attorney's Fee; Expenses. Guarantor agrees to pay upon demand all of Bank's costs and expenses, including reasonable attorney's fees and Bank's legal expenses, incurred in connection with the :iceman or the enforcement of this Guaranty. Bank nay pay someone else to help enforce this Guaranty and Guarantor shall pay the costs and expenses of such enforcement. Coos and expenses include Bank's reasonable attorneys' fees and legal expenses whether or w>t there is a lawsuit, for bankruptcy proceedings (and including efforts to modify or vacate any automate stay or Uninctionl. appeals, and may anticipated post-judgment collection services. Guarantor also shall pay all court coats and such additional fees as nay be directed by the court interpretation. In all Carts where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the hams' and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words Borrower arid :Guarantor respectively shall mean all and any one or more of them. TM words "Guarantor.' - Borrower," and - Bank." include the heirs, successors, assigns, and transferees of each of them. giaption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. If a court of competent jurisdiction finds any ':lovision of this Guaranty to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances, and all provisions of this Guaranty in all other respects shall remain valid and enforceable. Waiver. Bank shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Bank. No delay or omission on the part of Bank in exercising any right shall operate as a waives of such right or any other right- A waiver by Bank of a provision of this Guaranty shall not prejudice or constitute a waiver of Bank's right otherwise to demand strict convliance with that provision or any other provision of this Guaranty. No prior waiver by Bank, nor any course of dealing between Bank and Guarantor. shall constitute a waiver of any of Bank's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Bank is requited under this Guaranty, the granting of such content by Bank in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all eases such consent may be granted or withheld in the sole discretion of Bank There are costs associated with the use of this credit Card. For specific information regarding the costs, please write us at Palm Beach National Bank & Trust Company. P.O. Box 14118. Norsk Palm Beach, Florida 73408 or call us at The undersigned certifies dui all statements in this Application and on each document required to be submitted III connection herewith. including federal income tax returns, are true. chat and complete. The undersigned authorizes Palm Beach National Bank & Trust Company to rely ulnae such, SilteMen“, make such inquires. and gather such information as Patin Ouch National Bank & Trust Company deems necessary and reasonable to verify any information provided to Palm Beach National Bank & Trust Company on this Application on any such required document. including inquires to the Internal Revenue Service, business credit reporting arid credit bureau agencies and associations, and further authorizes Palm Beach National Bank & Trust Company, its hailing to' mpany and affiliates and related service collier-aborts to exchange this ankicabon, the information contained in or submitted with this Application and all banking relationship information with cash Other and with business errant reporting or credit bras :remits and 1SIOCOOOM ZO1 creditor: of the undersigned. The umkrsiguerl haler :trees to notify Palm Beth Nation,] Book & TOW Company promptly of any material change in any such information. !Ite undersigned certifies that he/she has full authority to act on behalf of Applicant la connection with this credit request. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. ;:r.UARANTOR NAME PRINTED SIGNATUI) DATE CPS-Cci^i VII. DOCUMENTA MON RIVIIIRSMEN IS Please deliver your compktcd application along with the required documents to your Palm Beach National Bank & Trust Company representative for processing. EFTA00186334  4 1-4141. L I 44 NES, LLC FOURTH FLOOR 457 MADISON AVENUE NEW YORK, NEW YORK I0022 TELEPHONE IELEPAX March 31, 2005 ( JefErey Re: Mam account #: VIA FACSIMILE Please make the fcillov/ g changes to the above main account number: • Add a ne "am G. Hammond with a credit limit of $2,500 Social Security • Reduce Larry Mbrrison credit limit to i If you have any questio—s, feel free to contact me at the above number. EFTA00186335  Key Policy Exceptions Credit History Loan-to-Value Ratio Debt-to-Income Ratio Satisfactory Appraisal Debt Service Ratio Personal Guarantees X Financial StatemenUApplication/Tax Returns Constr. Loan Ratios Appropriate Terms/Amortization Closing Requirements No Policy Exceptions No Termite/Roof Insp. No Deposit Rel'shp Initials 4 Policy Exceptions must be explained in the POLICY EXCEPTIONS paragraph of the Loan Presentation Write-Up. DEBTRANGE:(CREDITLINES) 200O.2O01 1999-200 1998-1999 MAXIMUM ;.--24.1NIMUM IDAYSOUTOFDEBT: ACCOUNT DIRECT RELATED TOTAL TYPE Avg. Col lee Lend. Bal. Avg. Cot tee Lend. Bat. Avg. CD( 1 cc:ea DDA 0 0 0 0 0 Money Market 0 0 0 0 Time 0 0 0 0 0 Savings 0 0 0 0 0 Total 0 0 0 0 0 0 Profitability Average ( Months) $ IFUMMARY OF BANKING RELATIONSHIP: (date opened, account numbers, related accounts, etc.) ACCT# DATE OPENED ALB Mar-91 $ 5,512 Mar-91 $ 37,143 Jan-94 {1111//#,####1 Irritir t ie ° Oct-97 S 4,866 Jan-01 $ 54,533 Aug-99 $ 113,800 FEES . PAID LOAN IN CASH FINANCE PROCEED OTHER: . 70AN FEE ::i0C STAMPS 1;,ITANGIBLE TAX f .!EN FEES ICC FILINGS INTEREST 'r)THER• SIGNERS & TITLE: CHECK ACCT WIRE OTHER: ',\YMENT METHOD: COUPON BILLING X AUTO CHARGE 22AN DATE: TBD FIRST PAYMENT DATE: Standard tiATE DOCUMENTS NEEDED: TBD ACA/ EFTA00186336  A s.s.kt VI ll\UbLIAlb - tins ronn rnayucea by Equifax I User Reference: ANDE L Page 1 of 2 ar quiry Information: Date of Inquiry: 06/05/2002 UserlD: ANNL Subject Information: Name: E stein J frey E SSN: Current Address: 457 Madison AV New York, NY 10020 Reportgoults ENH BEACON SCORE: 699 ACCOUNT NOT PAID AS AGREED, PUBLI 00022/00010/00008 C RECORD OR COLLECTION AGENCY FILIN PROPORTION OF BALANCES TO CREDIT G LIMITS, TOO HIGH ON BANK/OTHER REVOLVING TOO MANY INQUIRIES LAST 12 MONTHS ACCTS SSN ISSUED-67 STATE ISSUED-NY 048 EQUIFAX INFORMATION SERVICES LLC, P 0 BOX 740241, ,ATLANTA,GA,30374-0241, *EPSTEIN,JEFFERY,E SINCE 04/22/77 FAD 05/03/02 457,MADISON,AVE,NEW YORK,NY,10022,TAPE FN -307 RPTD 01/99 358,EL BRILLO,WAY,PALM BEACH,FL,3 3480,TAPE RPTD 08/98 265,8 66TH,ST,NEW YORK,NY,10021,TAPE RPTD 04/98 ans-o1/2o/isss,sss SSN VER - Y 01 ES-,SELF EMPLOYED 02 EF-CONSULTING PRES,J EPSTEIN CO,NEW YORK,NY 03 E2-,BEARS STEARNS *SUM-02/77-05/02,PR/OI-NO,COLL-YES,FB-NO , ACCTS:11,HC$1000-205K, 10-ONES, 1-0TH ER. ****** COLLECTION ITEMS ****** LIST RPTD AMT/BAL DLA/ECOA AGENC CLIEN Y T STATUS/SERIAL 10/98 12/98 $180 08/98' DRS BUSBUR UNPAID $180 U IMAGING ASSOCIA 2853977 FIRM / IDENT CODE CS RPTD LIMIT MICR BAL $ DLA MR (30-60-90+)MAX/DEL ECOA/ACCOUNT NUMBER OPND P/DUE TERM 24 MONTH HISTORY BKCARD SE * N9235 R1 05/02 1000 0 04/02 41 11/98 CREDIT CARD CHASE NA *426BB3859 R1 05/02 18600 0 02/02 28 I 03/85 CHASE NA *4 60N598 R1 05/02 5500 16 05/02 43 I 10/98 10 CREDIT CARD BLMD/FDSB *404DC21 R1 03/02 2001 0 30 I/IIIIIII 01/79 https://www.eport.equifax.coniledat/servleticom.equifax.gtedatu i.ResultRouter 6/5/2002 EFTA00186337  •••..•••••“) ttla 1 WILL r 4mmuceu oy cquuax I User Reference: AN NL Page 2 of 2 CHARGE HSBC B R1 04/01 --- 8300 0 04/00 53 10/96 PAID ACCOUNT/ZERO BAL ANCE ACCOUNT CLOSED BY CREDIT GRANTOR STBC CLASS R1 05/94 I _ --- 2000 0 37 04/91 REVOLVING TOTALS 27101 10300 16 10 01 04/02 --- 181K 32214 04/02 02/77 CREDIT CARD AMEX 01 04/02 --- 205K Z/.1 10/77 94724 04/02 01 CREDIT CARD AMEX 01 04/02 --- 23439 I/ 16386 04/02 01 10/00 CREDIT CARD AMEX 01 04/02 I/- 15400 0 03/02 01 06/77 OPEN TOTALS --- 424839 143324 GRAND TOTALS 27101 435139 143340 10 CHASE NA 11/98 --- 06/97 03/85 LOST OR STOLEN CARD CREDIT CARD AMOUNT IN H/C COLUMN IS CRE DIT LIMIT *INQS-INFOLINK 01/03/02 PBNATBK&TR PBNATBK&TR 09/18/01 08/21/01 TAMINSPEC 07/10/01 END OF REPORT EQUIFAX AND AFFILIATES - 06/05/02 SAFESCANNED https://www.eport.equifax.corn/edat/sery