EFTA01337869.pdf

SONY GM 02771417 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00258225 EFTA01337869 ^'1M REACH NATIONAL BAN' BR: PB & TRUST COMPANY RELATIONSHIP APPROVAL TICKET Prepared By: NJB :AIR Name of ORIGINAL oRROWER(S) Jeffrey E. Epstein DATE First Request MAILINGADDRESS 457 Madison Ave. 4th Floor OFFICER H. thy Anderson, Jr. New York, NY 10020 OFFIaR V 1 REFERRING OFFICER Nancy Bruno PHONE LOAN GRADE 3 r AX ID V(S) OBLIGOR NUMBER ItELAten NAICS CODES ,m, AORROWERS :EFJ LAST APPROVAL OWING AS OF DESIRED BASIS 8/1/02 ) 6/21/02 ) r-; +.5% Fixed $25,000 wed) IRO NES, -.<;j8 Annual Fee y E. Epstein 5% Fixed ured) INO Mk, E. Epstein JO • ukcl 1153 Vol-D _offryX 3 c c' Garr[ /14orris °)1 'TOTALS $25,000 $12,468 $60,000 1:.PPROVAL 6121102 Date SDNY_GM027714113 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00258226 EFTA01337870 In.{.LM REACH NATIONAL BAN `^ BR: PB TRUST COMPANY Iry RELATIONSHIP APPROVAL TICKET Prepared BY NJB Ain Name of ORIGINAL al:Am:mum Jeffrey E. Epstein DATE First Request MAILING ADDRESS 457 Madison Ave. 4th Floor OFFICER H. Loy Anderson, Jr. New York, NY 10020 OFFICER 0 1 REFERRING OFFICER Nancy Bruno PHONE LOAN GRADE 3 -:rAx ID 0(5) OBLIGOR NUMBER :t11LATED NAICS CODE 0 3!4RROWERS ,EFJ LAST APPROVAL OWING AS OF DESIRED BASIS dv:t:TE. 8/1/02 ) ( 6/21/02 ) :I.1.1.5% Fixed $25,000 $12,468 $35,000 Visa Business credit card (unsecured) INO NES, $18 Annual Fee Personally guaranteed by Jeffrey E. Epstein •- •:S., • '14.5% Fixed $25,000 Visa Business credit card (unsecured) 1NO Jebc, AlleCatiasar• Personally guaranteed by Jeffrey E. Epstein trivi i53y0-5-D 0 "id ry visos/Ct Lanni Mort-7-5 crx "rOTALS $25,000 $12,468 $60,000 PPROVAL 6/21/02 Date SDNY_GM_02771419 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00258227 EFTA01337871  winIA /Meallltb 11115 rorm rroayced by Equifax I User Reference: ANIsq, Page 1 of 2 Inquiry Infstroation; Date of Inquiry: 06/05/2002 UserlD: ANNL Subject Information: Name: Epstein, Jeffrey E SSN: Current Address: 457 Madison AV New York, NY 10020 Report Results ENH BEACON SCORE: 699 00022/00010/00008 ACCOUNT NOT PAID AS AGREED, PUBLIC RECORD OR COLLECTION AGENCY FILING PROPORTION OP BALANCES TO CREDIT LIMITS, TOO HIGH ON BANK/OTHER REVOLVING ACCTS TOO MANY INQUIRIES LAST 12 MONTHS SSN ISSUED-67 STATE ISSUED-NY • 048 EQUIFAX INFORMATION SERVICES LLC, P 0 BOX 740241, ,ATLANTA,GA,30374-0241,800/685-1111 *EPSTEIN,JEFFERY,E SINCE 04/22/77 FAD 05/03/02 FN-307 457,MADISON,AVE,NEW YORK,NY,I0022,TAPE RPTD 01/99 358,EL BRILLO,WAY,PALM BEACH,FL,33480,TAPE RPTD 08/98 265,E 66TH,ST,NEW YORK,NY,10021,TAPE RPTD 04/98 BDS-01/20/1953,SSS-090-44-3348, 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,HC51000-205K, 10-ONES, 1-OTH ER. COLLECTION ITEMS LIST RPTD AMT/BAL DLA/ECOA AGENCY/CLIENT STATUS/SERIAL 10/98 12/98 5180 08/98. 465YC93 DRS BUSBUR UNPAID $180 U IMAGING ASSOCIA 2853977 FIRM / IDENT CODE CS RPTD LIMIT HICR BAL S DLA MR (10-60-90+)MAX/DEL ECOA/ACCOUNT NUMBER OPND P/DUE TERM 24 MONTH HISTORY BKCARD SER•668ON9235 RI 05/02 1000 0 04/02 41 I/541329534000 11/98 CREDIT CARD CHASE NA •4268B3859 111 05/02 18600 0 02/02 28 I/526327100960 03/85 CREDIT CARD CHASE NA •496ON598 RI 05/02 5500 16 05/02 43 1/4305870160 10/98 10 CREDIT CARD BLMD/FDSB •404DC21 RI 03/02 2001 30 I/445507 01/79 --- littps://www.eport.equifax.comiedat/scntlet/com.equifax.gt.edat.uiResultRouter 615/2002 SDNY_GM_02771420 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA 00258228 EFTA01337872  ', HUE 1/1 NES,LLC FOURTH FLOOR 457 MADISON AVENUE NEW YORK, NEW YORK 10022 TELEPHONE TELEFAX March 31, 2005 Jeffrey ' Colonial Bank Re: Main acc"ntl#: VIA FACSIMILE: Please make the fqllo g changes to the above main account number: • Add a new card r William G. Hammond with a credit limit of $2,500 Social Security # • Reduce Larry rrison credit limit to $2,500. If you have any qi}estio feel free to contact me at the above number. you, SDNY_GM_01/71411 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00258229 EFTA01337873 Visa'Business Card Regula —%ns The Undersigned Holder a,, es to the following terms and conditions: ethar-v Gerna"' Dated this 7 day of , 7 e01 tor/ siesta i mall PALM BEACH NATIONAL BANK E EE7- I f•J C • Name of Holder (N f Corporation, Partnership, Proprietorship) & TRUST COMPANY By: Authori ed Sig to 3931 RCA Blvd Suite 3102 Palm Beach Gardens, FL 33410 Title I. 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 ("cant) issued by Palm Beath National Bank & Trust Co. by the number of days in the billing cycle. This gives us the average daily balance. ("lima"). Each party that applies for a VISA Business Card is referred to in these Interest Sallies on credit purchases beginning on die date the purchase is muted 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 contains on the cards, any sales statement period and the Previous Balance will be excluded front the ululation 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 Audionzed 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 lions time to time as provided in these regulation, govern Holders begins to acc.uc on the date the advance is posted to the account. Additional obligations. notwithstanding any addition' or Matfett terms contained in the interest on an account may be avoided by paying in full the New Wiens 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 for that documents evidencing an accomm transaction. Holder authorizes an investigation statement. of its credit sanding prior to the issuance of cads and at any time thereafter, and 7: Additional Fees. Each account shall be subject to the following addi. authorizes disclosure of information to third parties relating to its credit Handing trona' fees: (I ) 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 Holder's or Authorized User's monthly statement en which the unpaid minimum payment first appears; (2) SIO personal data to VISA USA. Inc. and its member financial institutions andke their for each cash advance; (3) 55 for replacement of a card; arid (4) reasonable respective contractors for the purposes of providing such services. charges according to the that current fee schedule for additional copies of 2. Membership. A norniefuridabit annual membership fee of N/A will monthly statements, drafts arid 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 mansaction amount will be converted to U.S. dollars by 3. Use of Card. Credo for purchases from a merchant or cash advances VISA International. VISA converts foreign currency to U.S. dollars using either front a punctuating financial Monahan may be obtained by presenting the card to the government mandated exchange rate m the wholesale exchange rate, in effect the merchant m participating financial institution, and, if requested, by providing one day before the date of the convasion, 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 1% if the conversion is made in connection with a credit received. The card may abo be used to obtain cash advances from certain to an account. The date of conversion by VISA may differ from the purchase dale 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 paaaaaas may be &idled. Except as provided below with respect to Holders accordance with the terms of this paragraph. liability for unauthonzed use where US= has issued ten (10) or more cards at 9. Disputes. Issuer is not responsible for perusal by any nit:chant, limn. Holders request, Holder will be liable up to a maximum of $50.00 for the cal institution or automated equipment to honor or accept a caid. Issuer ims no unauthorized use of a card or PIN issued at Holders request for charges that occur responsibility for merchandise or services obtained with a card and any dispute before Issuer receives notification orally or in smiting 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 mole cards at the merchant concerned. Holders request, Holder will be liable for any and all unauthorized ute of a card. 10. Default. Holder covenants to observe and cannily with these rey,ula: Unauthorized use is any use by an individual other than an Authorized User If MKS 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 uke any action or permit any client to occur which materially impairs lkider's Authonzed User, or by any oche: with the knowledge m consent of the Authorized ability to pay when due. Upon the occurrence of any one or more bf the following User, or Holder, is authorized use. Lost or stolen cards or PINs should be events of default; (a) Holder fails to pay al least the Minimum Payment what due; reported immediately to Issuer by notifying BankCard Center. P.O. Box (b) Holder dies, ceases to exist, changes residency to another state, becomes I 1I I, Madison, WI 53701.1111, Telephone (608)8294100 or 1-8004214920. insolvent or the subject of bankruptcy or insolvency proceedings; (cl 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 suctrient 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 (c) 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 alt emu 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 ot 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 cr proceeding involving 11nIder 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 II. Right of Setoff. Issuer has the right of setoff agents' 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 obligation of Holder to issuer. billed ("New Balance") is due on demand. If Issuer does not demand payment of Termination. Holder's 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 S20 or 5 % of the New Balance, such termination shall not affect Holder's obligations as to any balances m charges shalt be paid within 25 days alter the Closing Date of that billing statement. outstanding at the time of termination. Termination by any Holder shall be Payments must be made at BaakCard Center, Milwaukee, Wisconsin, 53288- binding on each Authorized User. Unless sooner terminated, the privilege to use 0200. Payments made at any other location nay 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 P.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 mm any nonthanking day extended. Holders privileges to use the cards nay 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 cads are and shall rennin the property of payments will be applied tint to interest, second to additional fees, if any, in the Issuer and Holder agrees to surrender them to Issuer upon demand. I Wider 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 changing purchases and other similar charges in the order of their entry to the account, and privileges. Holder shall return 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 nay amend these regulation aid may amend the 6. Finance Charges. Interest shall accrue on each account as shown on charge terms from time to time arid 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 IS days poor to its effective date, or as otherwise required by law. tttttnum. menu.* as computed by applying the monody notedly ride sr Invalidity of any provision of these regulation( shall not Weer the validity of any 1.208% (ANNUAL PERCENTAGE RATE OF 143%) to the average daily other provisions. balance of the account. To get the avenge daily balance, we take the beginning le. 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 ansing under these regulations. and other charges, and subnct any payments or credits, unpaid late charges, unpaid niembership fees and other unpaid fees. This gives us the daily balance. !times 993001 REVISED069d SON Y_Eitul_02TT1022 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00258230 EFTA01337874  BUS-NESS CARD APPLICALiON PALM BEACH NATIONAL BANK & TRUST CO. BRANCH PHONE X ..OMPANY NAME: NATURE OF BUSINESS: INDICATE TITLE DESIRED ON CARD: 00 0 00000000000 (LIMITED TO 24 SPACES) BILLING ADDR cio 7 ninbiso5R7g._ Cr: 140O okii.. STATE: ZIP CODE: NY /00JZ e — TYPE.OF ORGA IZATION (PLEASE CHECK): DATE BUSINESS ESTABLISHED: TAX ID NUMBER: VE CORPORATION 0 PARTNERSHIP 0 PROPRIETORSHIP PROVIDE NAME O CONTACT PERSON: PHONE NUMBER: `dal. . NJ 5o PRINCIPALS/OWNERS WILL BE REQUIRED TO PERSONALLY GUARANTEE ACCOUNTIS). PLEASE SIGN BELOW AND ON REVERSE SIDE. INDIVIDUAL INFORMATION MUST BE PROVIDED ON ALL GUARANTORS. • .UARANTOR I: FIRST MIDDLE INITIAL LAST DATE OF BIRTH : SOCIAL SECURITY HUMBER: ADDRESS: :c )(mi STREET CeSereini APT N: CITY: STATE: V pCODE: TIME AT A0D73: 3St &kr-. W/41STREET: e li k..--.- ISCA-c si Fa- 3 3/KO P.REVIOUS ADDRESS: A N; CITY: STATE: ZIP CODE: TIME AT ADDRESS: 4'r OWN OR RENT: MONTHLY PAYMENTS: GROSS ANNUAL INCOME: HOME PHONE NUMBER: 04, 00 rt POSITIONXITH COMIPANY: % OWNERSHIP: TIME IN BUSIN e.c -- • GUARANTOR 2: FIRST MIDDLE INITIAL LAST DATEOF BIRTH: SOCIAL SECURITY NUMBER: HOME ADDRESS: STREET: AM: CITY: STATE: ZIP CODE: TIME AT ADDRESS: PREVIOUS ADDRESS: STREET: APT CITY: STATE: ZIP CODE: TIME AT ADDRESS: es. OWN OR RENT: MONTHLY PAYMENTS: GROSS ANNUAL INCOME: HOME PHONE NUMBER: I' OSITION WITH COMPANY: % OWNERSHIP: TIME IN BUSINESS: OFFICE PHONE BANK TYPE OF ACCOUNT IF LOAN-SECURED ACCOUNT NUMBER AVERAGE OR UNSECURED BALANCE Business Checking— _ ..") I'alm Bch Nat'l Bank & Iron Comp. ' S LIST THE NAMES OF ALL AUTHORIZED SIGNERS TO WHOM CARDS ARE TO BE ISSUED FOR BUSINESS USE. NAME (PRINT) SIGNATURE LIMIT REQUEST Dgvilubr. Fobeca. S rpc.ttC0 (0 .000 LOST YsSelK/ 1O1 060 S a 10 0 LA? -e-1 f1DtRccorJ TOTAL LIMIT REQUESTED S BILLING OPTIONS: IF REQUESTING MORE THAN ONE ACCOUNT, PLEASE CHOOSE AN OPTION: 0 INDIVIDUAL ACCOUNTS BILLED SEPARATELY EACH MONTH WONECONSOUDATED MONTHLY BILLING STATEMENT CASH ADVANCE ACCESS CAPABILITY: 0 YES NO AT QUALIFIED AUTOMATIC TELLER MACHINES: 0 YES 5NO ANY BUSINESS CARD ACCOUNTS CURRENTLY HELD WITH THIS DANK% O YES 0 NO ACCOUNTS Applicant represents that this information is true and eariplac. and authorisers the creditor to verify the information and obtain additional information concerning Company's credit standing, and to fumtsh such credit information to others. Company agrees to be bound by and obligated according to the creditors regulations. Applicant re-prangs and wanants that the credit will be used primarily (50% or moral for other than personal, family household or agricultural pupates. Applicant understands that this representation is to confirm that no disclosures arc required under the Federal Truth-in.Lending law. to time by Applicant requests establislinat of an account (or each authorized ma designated above or on the attached list, as may be amended in writing tram time notified Applicant. Each such designated person is an authorized user and shall have the authority to use the account designated for such autholizol user until the creditor is 14 the contrary in writing by the Coirgany. DTI "APPLICANT SIGNATURE: DATE: MUNI NAME: CORPORATE TITLE: :X SDNY_GM_02771423 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_0O25 823 I EFTA01337875 If OK applicant '. the Meow' is approved, then the following Guaranty will be effective If the application for the &coma a not approved, dies the following Guaranty is null and void CONTINUING UNLIMITED GUARANTY. Foe good ad valuable consideratroo, and for the porposerstif inducing Palm Beach National Butt & Trust Company (- Bank") to tumid, make, rem*, modify mad or continue toaster-0. nuke, renew a modify the BLISinCSS Credit Card Account of ElpC 1aad '- "Borrower) the undamped Guarantor (jointly and .evenly. if mole than one. 'Guarantor") abaoluiely sad uncronditionaRy guaranies and pronses to pay to Bade or its order, on demand, in lawfully obtained legal lender or the United Sures of America, the Accown indebtedness of the Deanne! to Bank on the tarns aid conditions Set krill in this Coarsely. Coke Nis Guaranty, the kabala), of Garai/AI IS unlinctoi and the oblige DOM of Guarantor are coratimmag. NATURE OF GUARANTY. Giuramorca liability under ibis Guaranty shall be open and CosiOnacss{ for to tang as this Guaranty mourns in fora. Guaranioe wands ao goaranwe ar all times de performance and pow papaws when due, whether al nutinty a earlier by masa, of aceekration or otherwise. of all Account indebtedness ACCOrtlangly. m payment' Oink upon the ACtOtnit indebtedness will discharge or Mannish the COlinilung IubiWy of Connote iu connection with any renaming portions of the Account indebtedness or any of die Account indebtedness which subsemaurly anses a is Manna trusted ur contacted. This is ate a special pararity. ()ORATION Of GUARANTY. This Guaranty will take effect win received by Bank without the nattsity of any aeCeplariCt by Bank, or any sage to Guarantor or the Diainess, ad will sternum la full force ;mil all ACcOuni ilidcbtedinst intoned or contracied before rump by Baal Many Notice of revocation shall have been fully and fully paid and satisfied ad all other seslIgatioln of Guarantor ander this Guaranty shall ban been parboiled is foll. If Guarantor eked to revoke this Guaranty. Guarantor may only do 50 in %%faint Warren fect)fatiOn of this Guaranty will apply only to advances or new Account indebtalness created after actual meld. by Dank of GUaratinert urines revexamm. This Guaranty and Gramma% obligations hereunder cellular fully enforceable Irrespective of any clam. defense or counterclaim which borrower rosy assert On Ole Account ' dablednen. Including but sot limited to failing of coloWcration, breath of warranty, payment statute of frauds, statute of dmitallOnl. accord and satillaction, and usury, saint of Akh Guarantor Mreby waive, along with any standing by Guarantee to amen any saW (Idea de Emu or counter claim r;UARANTOR'S AUTHORIZATION TO PALM BEACH NATIONAL BANK & TRUST COMPANY. Gram ma authorizes Bank. either before a alter any revocation hereof. without notice or Jenard mad without lemmas: Guarantor's liability under OM Coarsely. from time to time to alter. supplement, compromise. modify, renew, emend, termlasie, accelerate, waive or otherwise change an. or more limes the time for paymeat or ether terms, cowdirions. or proviskins of the Account. GUARANTOR'S ibErliESENTATIONS AND WARRANTIES. Orsini:or represent, and warrants so Dank 00 (a) no represcocutions or a pterrnals of any tend have beat nude ha Gamma which would linen or qualify in any way the wont of this Grammy. ft.) G unman has. to its own satisfaction iidepeodiently investigated (and relies arichaively one (i) llonowces credit history: (d) Borrowers payment history with Bank, any, and (iii) Bonowers past anneal, an) projected thiancial condition; Ic) Upon Bank's realest Guarantor will provide to Bank financial and credit infontotion in form 'capable to Baia and (d) Guarantor has established *damning swam of obtaining from Borrower on a continuing basis infornallsOn repwda,g Borrowers financial aordinoes. Guarantor agrees to keep adequately infomied from sigh means of any act, events, a Orcucintaides ottieb ought in any way affect Guarantor's risks under Nu Granary, and Gamma farther agrees that &bums 'coma for infonimion, Bank shall have no obliganoal0 disclose toGuanntor any information or documents acquired by (tank en the course of is relationship with Borrower. GUARANTOR'S WAIVERS Etter a rabsbned by applicable law, Guarantor waives any right to require Bank (a) to make any pressmirtitt. pram, de nand. or notice of any kind, rechding notice of my nonpayment of Ma Account iodebtechun a nonce of any scone or nOuiCtiOn on tin part of Borrower or (b) to retort for pajama or to proceed directly or at once against say person. including Borrower a my other Guarantor. :Goan a hereafter Borrower slug be a become insolvent. Guarantor !smithy forever waives sad relinquishes in favor of Bank and Borrower. AM than respective successors. any claim right or Newly to payment Gialran101 May law MK or arcane, have oe uquict against Borrower 1101 arises hereunder arad/oa performance by any powder incluslang without hourlong any claim. Innerly or right of Stiteogadoe. reimbursement. enomentmon, inclemnificarion oe panicipatiat us my claim right or remedy of Oat *pion Barone, whether or not such elan right or remedy wises on equity, under contract stain.. conumo law or ethanol's. by subrogation a otherwise. so that at no chit shall Guanines' be or bemire a "creator" of Borrower walla the meaning of I U 5C. Section 547(b). Or any Smatter provision of the Federal bankruptcy him. Guarantor also waives any and all rights or defenses aiming by reason of any election of remedies by Bank which destroys or otherwise adversely affects Guarantor's subrogaimt rights or Gnarantrar'S rights to proceed apnea Borrower for reimbursement including without firminatiort any loss of rights Guarantor may suffer by mama of any law Iwuhllg, qualiflng. a discharging the isiCOUllindeNecloeu. If payment es made by Borrower. whether voluntarily or otherwise, a by any third party. oa du nepotist indebtedoess and thereafter Bank u forced to remit the an punt of St payment to DoffOwet'S tame. in bankrupicy or to any similar person under any federal or state bankruptcy law a law (or the relief of debtors, to Indebtedness shall be considered unpad for purpose of enforcement of this Guaranty. This provision shall swain tamiumein of this Guaranty. BIGHT OF SETOFF. Guarantor authorizes Bail, to rheumen permitted by applicable law, to charge, withdraw or setoff all tuna owing on tie Account againsi any and all he accounts xl forth below in she Attenuant section *alma pnor &nand ce mace toGuarantor. ACCOUNTS. Accounts shall include all Guaramor's deposits. accounts (whether checking savings, or some other aecount) or semantics now or hereafter in the possession of or Oct deposit with Bank or with any Bank's affiliate or subsidiary including without limitation all meows held jointly with someone else and all accounts Guarantor may open hi the future, aschlium& however, all IRA, Keogh and trust accounts. MISCELLANEOUS PROVISIONS The following miscellaneous provisions arc a pia *Mrs OW/00 r Amendments. This Guaranty COeldries he entire mwellerstarding and agreement of Ike panes as to de Millers set forth in this Guaranty and mammas all prior usukatanding and coatspinaknice. oral or sinners. cash rtspc‘i to Pic Subject Muter berof No attention of or amendaart to this Guaranty shall be effective Wm given air writing and signed by the party of panes sought to be charged or bound by the siltation or amendmeta 'a.ppileable Lan. This Guaranty shall be governed by and construed in accordance Toth ihe laws of the sum where die Issuing Bank referenced above nOsOlailli its priocipsl office. 'A nor ney's fee; Eapenses. Gianni*/ agrees to pay Won demand all of Clank's cots and expenses. including reasonable attorney's fees arid Baok's legal elapses. at tined nth OsiesttliOn with time Account or Me enlacement of this Crummy. WI may pay someone cite 10 kelp enlace obis Guaranty amid Guarantor shill pay the cost and gamma of such enforcement Cosa and gammas :Maude Bank's reasonable attorneys' fees sad legal camases windier or not awe is a lawsun, for bankruptcy proceedings (and including efforts to modify or vacate any InnOinaliC stay of tomixtrool. appeals. and any antemord post.judgment collection services. Guaramor also shall pay aU corm costs and such additional fees as may be directed by the court lourpreation. In all case% where 'Isere it roan Iliac oat Borrower or Guarantor, hen all words used in this Guaranty in the singular shall be deemed to have been mad in the plural wham the Ammar and constructiou s0 require, and ware there is mote than Ore Borrower named lu chit Guaranty of when dit Guaranty it tAteUttO by mare than One Garmad. lbe words Borrower aid 7:tuaraseor respectively shall Mali all and any one a them The words "Guarantee: 'Borrower.' ad"Dank.'imitate the bang toccatas. aSsreals and triontemaS of each of dent ligapaioo headinp use dus Guaranty art for convenience purposes only and are not to be used to iraerpeet or de roe the provisions of this Guaranty. If a court of ccometenljunsdictran finds any nayisicer of this Guaranty to be invalid or unenforceable as to any person or circumstance, such (Wray shall not reader that provision invalid or unenforceable as to any other persons or ciKkarillanCes, and all provisions of this assay to all other respects shall remain valid and miforceabk Waiver Dam/ shall inn be deemed to have waived any rights wider this Granary Wks such waiver is groan in writing and signed by Bank. No delay or equation ou the part of liana hi exec aims mmy right shall operate as a waiver of such right or any ocher right. A waiver by Bank of a provision of this Guaranty shall not prejudice or coratitutc a waiver of Bank's right otherwise redound mist cormlunce with ihal provision or any other provision of this Guaranty No poor waiver by Dank. 'ion any comma of dealing between Bait and Giutanior, shall onstirvie a amt.' of any of Bank's rights or of any of Gramme's obligations as to any Uwe transactioas. Whatever the consent of Dag is required odder this Guaranty, time granting of such consent by Bank in any nuance shall tIOICONOISIt continuing consent to subsequem ItliStIOCtS where such cancan is required and in all cases such consent may be panted or withheld in the sole ditermionof Bank. There are costs amociared malt nn use of dm credit card. For specific infomotion regarding Me costs, please write us at Palm Desch Nathan Ball & Trust Company, PO Box 14218, Noah Palm Beach. Florida 13408 or call us at 561-624.1)6). The undenoigileJ [Caulk% that ill Ila4COICOtt to 11113 Apphcation ad on each documera required to be submitted um C0JOttliOn herewith, islwhng federal incase tat ItnurO. arc Inc. correct aid coarylew. The mutersigned authafire3 Palm Beach National Bank & ToastCompany ,o rely upon such tiaSTMenth Anse theh ICKOJIICS, and gather such information as Palm Beach National Bank & Trust Company deems necessary and reasonalak to verify any information provided to Pabst Beach National Bank & Trust Conpany on dint Application on any such required document, including inquires to Be Internal Revenue Service. business credit mooning and credit bureau agonies and assoCialiOrth and further Autbatirts Palm Beach National Bank & TOM Company. its balding zo input), and affiliates and related write corporations ha exchange this application, the Oformition contained in or submitted with this Application and all banking relationship inforniation with each alter and sail. bushes' credit reporting or credit harms onencks and asiocatioas ;d trediton cf the undenignei TIC isdertipied further agrees to may Palm Drub Won't Pink & 'Pima Compass PeomPity Many material clump in any stair information. the undersigned catifko that bershe has hill authority to act on behalf of Applicant In connection with this credal ottani rACII UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. CDAftANTOR NAME PRINTED 1 SIGNA7UR. DATE 4:i r ncitel) CPS i t 2, Please deliver your compkied application along with the required documents to your Patin Beach National Bank fr Trust Company repesentative for processing. SDNY_GM_02771424 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFIA_00258232 EFTA01337876  Key Policy Exceptions Credit History Loan-to-Value Ratio Debt-to-Income Ratio Satisfactory Appraisal Debt Service Ratio Personal Guarantees X Financial Statement/ApplicationfTax Returns Constr. Loan Ratios Appropriate Terms/Amortization Closing Requirements No Termite/Roof Insp. No Policy Exceptions No Deposit Rel'shp an Of r Initials Policy Exceptions must be explained in the POLICY EXCEPTIONS paragraph of the Loan Presentation Write-Up. DEBT RANGE (CREDIT LINES) 2000-2001 1999-2W 1998-1999 • MAXIMUM MINIMUM kAyg OUT OF DEBT: ACCOUNT DIRECT RELATED TOTAL TYPE Avg. Col 1ec Lend. Sat. Avg. Col lec Lend. Bal. Avg. Collected DIM 0 0 0 0 0 ..._ Money Market 0 0 0 0 0 Time 0 0 0 0 0 Savings 0 0 0 0 0 Total 0 0 0 0 0 Profitability Average ( Months) $ 'SUMMARY OF BANKING RELATIONSHIP: (date opened, account numbers, related accounts, etc.) ACCT/$ DATE OPENED ALB t „ Mar-91 $ 5,512 Mar-91 $ 87,143 Jan-94 ,VMHINdi is II% tl(sO Oct-97 $ 4,866 Jan-01 $ 54,533 Aug-99 $ 113.800 FEES PAID LOAN __.. IN CASH FINANCE PROCEED OTHER: `?,IAN FEE :3C STAMPS - iTANGIBLE TAX . : 'EN FEES :CC FILINGS INTEREST ''THER: SIGNERS & TITLE: CHECK a ACCT # WIRE OTHER: 'NYMENT METHOD: COUPON BILLING X AUTO CHARGE :!`AN DATE: TBD FIRST PAYMENT DATE: Standard ;,.. FE DOCUMENTS NEEDED: TBD ACM