EFTA01701095.pdf

: JAN -24-02 16s04 FROM: 1D.212 02400 PACE 1/ • alia NES LLC NE TELEPHONEME TELEFAX January 24, 2002 Ann Lufft PB National Bank Re: Main account #: VIA FACSIMILE: Please cancel the following•card under the above main account number: • Sub-Account. Leave the $2,000 balance unallocated, I'll allocate it as needed later. If you have any questions, feel free to contact me at the above number. Eric Gany Jeffrey Epstein EFTA01701095 MAR -14-02 12107 FROM: ID:2127502400 PAGE 1/7 NES TLC 22 NE~ TELEPHONE TELEFAX March 14, 2002 Nancy Bruno/Ann Lufft PB National Bank Re: Main account R: VIA FACSIMILE: Please make the following changes to the above main account number: • Reduce the credit limit for , Sub-Account fi to $3,000. • Reduce the credit limit fora M Sub-Account lila . to $9,000. • Increase the .credit limit for -Sub -Account ili l to $10,000. This should have fully allocated the Company credit limit. If you have any questions, feel free to contact me at the above number. Thank Eric aby EFTA01701096 JAN-08-02 15:53 FROM: 10:217 02408 PAGE 1/1 (Click haze and type address) To: PB National Bank/ Nancy Bruno Fax: From: Jeffrey E. Epstein Date: 1/8/02 Re: Credit Card Pages: I CC: la Urgent El For Review Please Comment [please Reply O Meese Recycle . < • . • 4....Zaji.s. 74.te e • >" Yi Credit Card 4 40.9% ‘;„. .- • inhe4"4,‘,...e. .ae•Oirr'ir eras. Credit Card name: Valdson Con-in sm;i2t-P.;+r 445 • Company name: NES LLC. 'e • «tga..._ New Yoric. NY 10022.6843 Please set up Mr. Valdson Cotrin have access to cash advances at 100% of his card limit k5 s co/ (1c., EFTA01701097  2127502408 DEC -18-01 13;35 FROM. ID•21t %02409 PACE 1/5 NES LLC a TE N December 17, 2001 PB National Bank Re: Main account 4: VIA FACSIMILE: Please make the following changes to the above main account number: • Add a new card for Valdson Cotrin, French Social Security t-1 credit limit $3,000, signature attached. If you have any questions, feel free to contact me at the above number. Thank you, Authorized — Jeffrey Epstein EFTA01701098  2127502408 DEC -.18-0] 13, 35 FROM. IDI21: 02408 PAGE 2/1 Valdson Cotrin EFTA01701099 NOV-16-01 11.27 FROM , IO.211 02408 PACE 1/1 FILE TELEPHONE= TELEFAX November 14, 2001 Ann Lufft FAXED PB National Bank Re: Main account #: VIA FACSIMILE: a Please make the following changes to the above main account number: • Reduce the credit limit for Sub-Account € to $2,000. • Add a new card for Social Security redit limit $5,000, signature attil Leave the $3,000 balance unallocated, I'll allocate it as needed later. If you have any questions, feel free to contact me at the above number. Thank you, 3k-ceft, FSIzi Alfr EFTA01701100  _ Page 1 From: Nancy Bruno To: Lufft, Ann Date: 10/11/01 11:42AM Subject: NES, LLC Eri Gane calle r ardin - the statement address needs to be chap ed to: do , ew York 10022. His number is Can we set up two different addresses - one for billing and a separate address for renewals, notices, etc.?? t C-c) -bto cry 0 COL %p12 EFTA01701101 MMY - 1U-O2 13.22 FROM. ID.2127S0240d PAUL 2/2. ZORRO RANCH WIPP Bella Ktan Fax: Ter Date 05/15/03 FM= 'Cana L.Gordon Re: Signamres Page= 1 Page CC OPleaseCortarsit CI PleaseReply O Please ReeVele O Urgent 0 FesRotes • • • r. (( Li 1 - Dear Met cit rifuli names and signattzes for you records Belo h i somo Brice M. \ / z te/ ti there are any problems or =cans please cal VWouetioNywds Karen EFTA01701102 U1 , 10/£000 10:04 JUO- 3e1(71 allUNIAL BANK PAGE 82/82 AN-I0-2005 05:21PW FMV-. T-351 P.002/005 F-777 REQUEST FOR CREDIT LIMIT INCREASE NAME ivq. 5 LC.0 DATE ACCOUNT NO. PRESENT LIMIT:$ 3S D 2) 7.) REQUESTED LIMIT:$ il-C, ODD - 6 UPDATED FILFI INF01WATI0N: ( ie, address, place of employment, phone numbers, tc) ...1 4 — Curre 4 (3 iceae -.-- (I ,15-6. 13 35, o1) D 5 d Me) ;n LI- nib r—Ov ‘r, 14- • e 143t 142 —6ccauAttierlek -- 4DI : . , COMMENTS: fib, /, i 13 ...hied .4r Je...cfre1 cfs-k.,n Mr ti/Z-te. A Ilk C. Sr3t. m.'-f-ic“14- frit4-innS L'e tvAt (ol to:ti 6c,n1L., I-10-05 APPROVED B • DATE DECLINED BY DATE EFTA01701103 3p )(41.M REACH NATIONAL BANt' BR: PB & TRUST COMPANY RELATIONSHIP APPROVAL TICKET Prepared B • a •1?7‘tlVtlame of ORIGINAL Sokaowna(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 PAX ID /AS) OBLIGOR NUMBER : da-ATED , NAICS CODE! , L /.../ / 3.CR.ItOWERS LAST APPROVAL OWING AS OP DESIRED BASIS ( 8/1/02 ) ( 6/21/02 ) ;jig" •,:t4i.5% Fixed $25,000 $12,468 $35,000 Visa Business credit card (unsecured) INO NES, :418 Annual Fee Personally guaranteed by Jeffrey E. Epstein fig"? '4.5% Fixed $25,000 Visa Business credit card (unsecured) INO Jebe, i:AtT8VaMtPer Personally guaranteed by Jeffrey E. Epstein /91ipfrr 5 01 • [TOTALS $25,000 $12,468 $60,000 :A:PPROVAL • 6/21/02 Date EFTA01701104  10.2127502408 . PAGE 1/1 TELEP March 31, 2005 Jeffrey Colonial Bank Re: Main account #: VIA PICSIMILE Please make the fillo g changes to the above main account number: • Add a news rd r William G. Hammond wish a credit limit of $2,500 Social Security • Reduce Lally rrison credit limit to $2,500. If you have any questio feel free to contact me at the above number. Th • you, 'c Gary Jeffrey Epstein EFTA01701105  Visa Business Card Regula ns The Undersigned Holder ab .es to the following terms and conditions: FENIIims Dated this 7 day of fi )f1-1 7 oo-L._ a; PALM BEACH NATIONAL BANK EG v-ic. mimeo( Holder (N r&rporatIon, Partnership, Proprietorship) & TRUST COMPANY By: Author' ed Sig 3931 RCA Blvd Suite 3102 Palm Beach Gardens, FL 33410 Tine 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 Palle 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 for a 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 tams 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 Dale. Interest on cash advances be amended front time to time as provided in these regulations, govern Holders begins to x..-ue 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 cants and at any time thereafter, and 7: Additional Fees. Each account shall be subject to the following addi- authorizes disclosure of infonhation to third parties relating to its credit standing. tional fees: (I) 525 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 to 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 stalonent on which the unpaid minimum payment first appears; (2) SI0 personal data to VISA USA, Inc. and its member financial institutions and/or their for each cash advance; (3) S.5 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. Res imposed will be masted 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 lillalleial 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. Pailure 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 I% if the conversion is made in connection with a credit received. 'the cord 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 Holders 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- Holders request, Holder will be liable up to a maximum of $50.00 for the cial institution or automated equipment to honor or accept a card. Issuer has no unauthorized use of a card or PIN issued al 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 (ID) or more cards at the merchant concerned. Holder's request, Holder will be liable for any and all unauthorized use or 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 ur 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 BankCard Center, Y.O. Box (b) Holder dies, ceases to exist, changes residency to another slate, becomes 1111, Madison, WI 53701.1111, Telephone (608)8294100 or 1.200.221-5920. ' 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 alter judgment, including reasonable attorneys' lees 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 S. 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 Right of Setoff. Issuer has the right of setoff against any deposit account there is an undisputed debit or credit balance of $1.00 or more. The full amount Holder maintains with Issuer to satisfy any obligations of Holder to Issuer. billed ("Nov Balance") is due on demand. If Issuer does not demand payment of 12. 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 Holders 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 ElankCard 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 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 on any non.banldng 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. Alt 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 recant 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. hneraat Is computed by applying the moodily periodic rate of Invalidity or any provision of those regulations shall not affect the validity of any 1.208% (ANNUAL PERCENTAGE RATE OF 14.5%) to the average daily other provisions. balance of the account. To get the average daily balance, we take die 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. FORMS 990004 REVISED 0099 EFTA01701106  BUS.isIESS CARD APPLICA LION PALM BEACH NATIONAL BANK & TRUST CO. BRANCH PHONE II -0MPANY NAME: E(3E, INC SPECIFIC NATURE OF BUSINESS: kag--il-Arr INDICATE TITLE DESIRED ON CARD: (LIMITED TO 24 SPACES) DEO DEEDED DOOMED DO BILLING, ADDIT, BILLING̀ 7 tnribisoF TYPE f ORGA IZATION (PLEASE CHECK): rte,7 DATE BUSINESS ESTABLISHED: STATE: ZIP CODE: Ann. e-- TAX ID NUMBER: ari CORPORATION O PARTNERSHIP O PROPRIETORSHIP PROVIDE NAME O • CONTACT PERSON: PHON a u t t ;Rat t- ra II. INDIVIDUAL INFORMATION PRINCIPALS/OWNERS WILL BE REQUIRED TO PERSONALLY GUARANTEE ACCOUNT(S). PLEASE SIGN BELOW AND ON REVERSE SIDE. INDIVIDUAL INFORMATION MUST BE PROVIDED ON ALL GUARANTORS. • ,UARANTOR I: FIRST MIDDLE INITIAL LAST DATE OF DIRT!: SOCIAL SECURITY NUMBER: ADDRESS: )€-FFzEy - STREET: C Ces-re-4 APT q. CITY: STATE: ZIP CODE: TIME AT ADDR /5 S: 3S-C (C Gt1,41 3%0 (et PREVIOUS ADDRESS: 'STREET: APT!: CITY: STATE: ZIP CODE: TIME AT ADDRESS: OWN OR RENT: j MONTHLY PAYMENTS: GROSS ANNUAL'INCOME HOME PHONE NUMBER: et.t.O POSITION)ITH COUPANY: %OWNERSHIP: TIME IN BUSINFASL, n --O "Net.) GUARANTOR 2: FIRST MIDDLE INITIAL LAST DATE OF BIRTH: SOCIAL SECURITY NUMBER: HOME ADDRESS: STREET: APT g: . CITY: STATE: ZIP CODE: TIME AT ADDRESS: ../tREVIOUS ADDRESS: STREET: APT H: CITY: STATE: ZIP CODE: TIME AT ADDRESS: OWN OR RENT: MONTHLY PAYMENTS: GROSS ANNUAL INCOME: HOME PHONE NUMBER: POSITION WITH COMPANY: % OWNERSHIP: TIME IN BUSINESS: OFFICE PI IONE HANK TYPE OF ACCOUNT IF LOANSECURED ACCOUNT NUMBER AVERAGE OR UNSECURED VALANCE Business Checking. — 7) Palm Belt Nat'I Dank & Trust Comp. I S LIST THE NAMES OF ALL Aln.HorrIZED SIGNERS TO WHOM CARDS ARE TO BE ISSUED FOR BUSINESS USE. NAME (PRINT) SIGNATURE LIMIT REQUEST S (D i ed° S ) pods Livi)ai (no p Neils/ $ TOTAL LIMIT REQUESTED V. 1111.1.1Mi ON IONS KILLING OPTIONS: IF REQUESTING MORE THAN ONE ACCOUNT, PLEASE CHOOSE AN OPTION: 0 INDIVIDUAL ACCOUNTS BILLED SEPARATELY EACH MONTH NONE CONSOLIDATED MONTHLY BILLING STAT EMENT CASH ADVANCE ACCESS CAPABILITY: O YES WO AT QUALIFIED AUTOMATIC TELLER MACHINES: 0 YES NNO ANY BUSINESS CARD ACCOUNTS CURRENTLY HELD WITH THIS BANK?: O YES 0 NO ACCOUNT Y 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 infonintion to others. Company agrees to be bound by and obligated according to the creditor's regulations. Applicant represents and warrants that the credit will be uscd primarily (50% or more) for other than personal, family household or agricultural purposes. Applicant understands that this representation is to confirm that no disclosures are required under the FederetTruth-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 authorived user until the creditor is notified in the contrary in writing by the Company. ' •APPLICANT SIGNATURE: DATE: IZINT NAME: CORPORATE TITLE: ir EFTA01701107  MMEMMIIMMEMMOMMEMME I. GUARANTY AGREEMENT AMMMEMMIIMUMMOMMEMEM It the applicant far dte Account is approved, then the following Guaranty will be eliteme. If the app:lest:cm for the Account is not approved. IIICSI the following Guaranty is nail and void. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, and for the purpose(stif inducing Palm Beach National Bank & Trust Company (- astir) lo extend, make, renew, modify and or continue to extend, nuke, renew or modify the Business Credit Card Account of Wirt 1^3 4 (the "Borrower") the undersigned Guarantor Gobtily and severally, if more than one, "Guarantor") absolutely and unconditionally guarantees and promises to pay to Bank or its order, on demand• in lawfully obtained legal lender of the United Sates Amerita. the Account indebtedness of the Borrower to Bank on die terms and conditions set forth in Ibis Guaranty. Under this Guaranty, the liability of Guarantor is unlimited arid the obligations of Guarantor are continuing. NATURE OF GUARANTY. Guaramori liability under this Guaranty shall be open and continuous for so long as this Guaranty remains in force. Guarantor intends to guarantee at all times the Ferfoniunce and prompt payment when due, whether at nuturity or earlier by reason of acceleration or otkiwise, of all Account indebtedness. Accordingly, no payments nude upon the Account indebtedness 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 subsequently arises or is thereafter incurred or contracted. This is not a special guaranty. DURATION OF GUARANTY. This Guaranty will lake effect whenreceived by Bank without the necessity of any acceptance by Bank, 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 obligations of Guarantor under this Guaranty shall have been perforated in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writiny, Written revocation of this Guaranty will apply only to advances or new Account indebtedness created after actual receipt by Bank of Guarantor's written revocation. y.,bis Guaranty and Guarantor's obligations hereunder remains fully enforceable Irrespective of any claim, defense or counterclaim which Borrower may assert on the Account ' aebtedness, Including but not limited to failure of consideration, breach of warranty, payment, statute of frauds, statute of limitations, accord and satisfaction, and usury, sante of rvIrlcb Guarantor hereby waives along with any standing by Guarantor to assert any sad claim, defense or counter claim. GUARANTOR'S AUTHORIZATION TO PALM BEACH NATIONAL BANK & TRUST COMPANY. Guarantor authorizes Bank, either before or after ally revocation hereof, without notice or demand and withoat lessening Guarantor's liability under this Guaranty, from time to time to alter, supplement, compromise, modify, renew, extend, terminate, accelerate, waive or otherwise change one or more times the due for payment or other terms, conditions, or provisions of the Account. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Bank ilia (a) no replesentalions or agreements of any kind have been nude to Guarantor which would limit or qualify in any way the terms of this Guaranty; (Ir) Guarantor has, to its own satisfaction. independently investigated (and relies exclusively tan); (I) Borrower's credit history; I Bonower's payment history with Bank, if any; and (iii) Borrower's pub 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 an a continuing basis information regarding Bonower's financial condition. Guarantor agrees to keep adequately informed front such cream of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that, absent a request for intbnitatiOn. Bank shall have no obligation to disclose to Guarantor any infornution or documents acquired by Bank in the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except as mobibited by applicable law, Guarantor waives any right to require Bank (a) to nuke any presentment, protest, denund, or notice of any kind, including notice of any nonpayment of the Account indebtedness or notice of any action or nOnaCtiOn on the pail of Borrower or (b) to resort for payment or to proceed directly or at once against ally person. including Borrower or any other Guarantor. :rmow or hereafter Borrower shall be or become iltSOIVCRII. Guarantor hereby forever waives and relinquishes in favor of Dank and Borrower, and their respective successors• any claim. right or remedy to payment Guarantor nay now have or berealler have or acquire against Borrower that arises hereunder and/or perfornume by any guarantor including withOut lintitations, any claim. tensedy or right of subrogation, teimburSesirelll, eitOlitratiOn, indemnification, or participation in any claim, right or remedy of Bank against Borrower, whether or not such claim right orremedy Strus in equity, under contract. statute. COMni011 law or otherwise, by subrogation or otherwise, so that at no time shall Guarantor be or become a "creditor" of Borrower within the meaning of II U S.C. Section 547(b), or any successor provision of the Federal bankruptcy law-s. Guarantor 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 or GuataiNot's tights to proceed against Borrower for reimbursement, including without limitation. any loss of rights Guarantor nay suffer by reason of any law limiting, qualifying, or discharging the Ilicotant indebtedness. If payment is nude 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 i-Ot payment to Borrower's Mutte in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors. the Indebtedness shall be considered unpaid for ;lie purpose of enforcement of this Gturamy. TIM provision shall survive lamination of this Guaranty. RIGill OF SETOFF. Guarantor authorizes Bank, to the extent permitted by applicable law, to charge, withdraw or setoff all stuns owing on the Account against ally 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 some other account) or securities ROW or hereafter in the possession of or on deposit with Dank or with any Bank's affiliate or subsidiary including without limitation all accounts held jointly with someone else and all accounts Guarantor nuy open in the future, excluding. however. all IRA, Keogh and trust accounts. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty constitutes the entire widersanding, and agreement of the partite as to rite matters. set forth in this Guaranty and supersedes all prior understanding and correspondence, oral or written, with respect to the subject matter 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 intendment. / 1plleable Law. This Guaranty shall be governed by and construed in accordance with the laws of the stale where the Issuing flank referenced above maintains its principal office. :3 4 'Attorney's Fee; Expenses. Guarantor agrees to pay upon deriund all of Bank's costs and expenses, including reasonable attorney's fees and Bank's legal expenses. incurred in connection with the Accotuft or the enforcement of this Guaranty. Bank nay pay someone else to help enforce this Guaranty and Guarantor shall pay the costs and expenses or such enforcement. Costs and expenses include Bank's reasonable attorneys' fees and legal expenses whether or not there is a lawsuit, for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or ratuncrionl, appeals, and airy anticipated p03I-jUdgnient collection services. Guarantor also shall pay all court costs and luck additional fees as nay be directed by the court- Interpretation. In all cases where there is more than one Borrower or Guarantor• then all words used lot this Guaranty in the singular shall be deemed to have been used in the plural whete the !!..ratext 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 and "Guarantor" respectively shall mean all and anyone Or Mble of them. The words "Guarantor," "Borrower," and "Bank," include theheirs, successors. assigns, and transferees of each of awn,. kaption headings in this Guaranty are for convenience purposes only and ate not to be used to interpret or define the provisions of this Guaranty. If a cowl of competent jurisdiction finds any ''.revision of this Guaranty to be invalid or unenforceable as to any person or circunnunce• such finding shall not render that provision invalid or unenforceable as to any other persons or Circuntsunces, and all provisions of this Guaranty in all other respects shall retrain valid and enforceable- Waiver, Bank shall not be deemed to have waived any rights under dds Guaranty unless such waiver is given in writing and signed by Bank. No delay or omission on the pan of Bank' in exercising any right shall operate as a waiver of such tight 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 detrund aura compliance 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. WIwnerar the consent of Bank is required under this Guaranty, the granting of such consent by Bank in ony instancy shall trat constitute Continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Dank. North Palm There ate costs associated with the we of this credit card. For specific information regarding the costs, please write us at Palm Beach National Dank & Trial Company. P.O. Box 14218, Beach. Florida 33408 or call us at 561-624.7365. The undershmed cettitics that all statement in this Application and on each doCUIIICtit requited to be submitted In connection herewith. including federal income tax returns, are true, concur and complete. The undersigned authorizes Palm Beach National Bank & Trost Company to rely upon such statements. snake such inquires, and gather such inlbrnotiOn as Palm Beach National Bank & Trust Company decors ItereSiary and reasonable to verify any inforntation 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 and credit bureau agencies end associations, and further authorizes Palm Beach National Dank & Trust Company, its holding Chinpany arid affiliates and related service corporations to exchange this application, the information comainal in or submitted with this Application and all banking relationship infomution with earls other and wid. business credit repartin; or credit bwesu agencies and associations acd creditors of the undersigned. The undersigned further agrees to notify Palm Brach National Bank & foist Company promptly of any material change in any such habituation. 'the undersigned certifies that he/the has full authority to act on behalf of Applicant In connection with ibis credit request. CACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. :11/ARANTOR NAME PRINTED MONA-rM DATE @Srci tj CO2.— 27 VII. DOCUMENTATION Itli()UIREMEN IS Please deliver your completed application along with the required documents to your Palm Beach National Bank & Trust Company representative for processing. EFTA01701108  Key Policy Exceptions Credit History Loan-to-Value Ratio Debt-to-Income Ratio Satisfactory Appraisal Debt Service Ratio Personal Guarantees Financial Statement/Application/Tax Returns.