EXHIBIT 10.2
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COMMERCIAL LINE
OF CREDIT
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Nexity Bank |
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AGREEMENT AND
NOTE
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3500 Blue Lake Drive,
Suite 330 |
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Birmingham, Alabama 35243 |
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(877)738-6391 |
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DRAW |
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| AGREEMENT |
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LINE OF CREDIT |
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EXPIRATION |
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DATE |
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LOAN TERM |
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LIMIT |
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DATE |
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MATURITY DATE |
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June 25,
2007
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12 Months |
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$ |
750,000.00 |
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June 25,
2008 |
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June 25, 2008 |
LOAN
PURPOSE: Provide funds for bank in Organization
BORROWER INFORMATION
HFHC
Group, LLC d/b/a F/K/A Home Federal Savings Bank
4405 Mundy Mill Road
Oakwood, GA 30566
LINE
OF CREDIT AGREEMENT AND NOTE . This Commercial Line of Credit
Agreement and Note will be referred to in this document as the
“Agreement.”
LENDER “Lender” means Nexity Bank whose
address is 3500 Blue Lake Drive, Suite 330, Birmingham,
Alabama 35243 , its successors and assigns.
BORROWER . “Borrower” means each person or legal
entity who signs this Agreement.
PROMISE TO PAY . For value received, receipt of which is
hereby acknowledged, on or before the Maturity Date, the Borrower
promises to pay the principal amount of Seven Hundred Fifty
Thousand and 00/100 Dollars ($750,000 00) or such lesser amount
as shall have been advanced by Lender, from time to time, to or on
behalf of Borrower under this Agreement, and all interest and any
other charges, including service charges, to the order of Lender at
its office at the address noted above or at such other place as
lender may designate in writing. The Borrower will make all
payments in lawful money of the United States of America.
PAYMENT SCHEDULE . This Agreement will be paid according to
the following required, payment schedule: Beginning on
July 25, 2007 , monthly payments of accrued and unpaid
interest. All payments received by the Lender from the Borrower for
application to the line of Credit may be applied to the
Borrower’s obligations under the Line of Credit in such order
as determined by the Lender.
ADVANCES BY LENDER . Advances of principal, repayment, and
readvances may be made under this Agreement from time to time but
Lender in its sole discretion and subject to provisions related to
obligatory and discretionary advances, may refuse to make advances
or readvances hereunder during any period(s) this Agreement is in
default. All advances made will be charged to a loan account in
Borrower’s name on Lender’s books and the Lender shall
debit such account for the amount of each advance made to, and
credit to such account the amount of each repayment made by
Borrower. If the Lender furnishes the Borrower with a statement of
Borrower’s loan account, such statement shall be deemed to be
correct, accepted by, and binding upon Borrower, unless Lender
receives a written statement exception from Borrower within
10 days after such statement has been furnished.
INTEREST RATE AND SCHEDULED PAYMENT CHANGES . The initial
variable interest rate on this Agreement will be 7.250% per
annum. This interest rate may change on June 26, 2007 ,
and every day thereafter. Each Date on which the interest rate may
change is called the “Change Date.” Beginning with the
first Change Date, Lender will calculate the new interest rate
based on Wall Street Journal Prime in effect on the Change
Date (the “Index”). If the Index is not available at
that time, Lender will choose a new Index which is based on
comparable information. The Index is used solely to establish a
base from which the actual rate of interest payable under this
Agreement will be calculated, and is not a reference to any actual
rate of interest charged by any lender to any particular borrower.
The interest rate will never be greater than 18.000% or less
than 0.000% .
Nothing
contained herein shall be construed as to require the Borrower to
pay interest at a greater rate than the maximum allowed by law. If,
however, from any circumstances Borrower pays interest at a greater
rate than the maximum allowed by law, the obligation to be
fulfilled will be reduced to an amount computed at the highest rate
of interest permissible under applicable law and if, for any reason
whatsoever, Lender ever receives interest in an amount which would
be deemed unlawful under applicable law, such interest shall be
automatically applied to amounts owed, in Lender’s sole
discretion, or as otherwise allowed by applicable law. An increase
in the interest rates will result in a higher payment amount.
Interest on this Agreement is calculated on a 365/360 day
basis. The unpaid balance of this loan shall, while any Event of
Default exists under this Agreement or any other agreement related
to the loan, be subject to a Default Rate of interest equal to
18.000% per annum, and after Maturity whether by
acceleration or otherwise, shall be subject to a Post-Maturity Rate
of interest equal to the same fixed or variable rate basis in
effect before maturity .
Page 1 of 4
LATE
PAYMENT CHARGE . If any required payment is more than 15
days late, then at Lender’s option, Lender will assess a late
payment charge of $25.00 or 5% of the amount past due, whichever is
greater.
LINE
OF CREDIT TERMS . This is a Discretionary Agreement. The
Borrower and Lender agree that the Borrower may request an advance
of all or part of the Line of Credit Limit. The Lender may, at it
sole discretion, refuse to make advances under this
Agreement.
Advances,
Borrower and Lender agree that Borrower may borrow up to the
maximum amount of principal more than one time. Additional
principal advances thereafter will be made to the Borrower subject
to the following conditions:
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Advances of principal, repayment; and readvances may be made
under this Agreement from time to time but Lender, in its sole
discretion, may refuse to make advances or readvances hereunder
during any period(s) this Agreement is in default. |
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Advances under this Agreement may be requested orally or in
writing by the Borrower or by an authorized person. |
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The total of any advance requested and unpaid principal cannot
exceed Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000
00). |
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All advances made will be charged to a loan account in
Borrower’s name on Lender’s books, and the Lender shall
debit such account the amount of each advance made to, and credit
to such account the amount of each repayment made by Borrower.
Lender shall provide to Borrower |