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COMMERCIAL LINE OF CREDIT Nexity Bank AGREEMENT AND NOTE

Promissory Note

COMMERCIAL LINE OF CREDIT    Nexity Bank 
AGREEMENT AND NOTE | Document Parties: HOME FEDERAL HOLDINGS CORP | HFHC Group, LLC | Nexity Bank You are currently viewing:
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HOME FEDERAL HOLDINGS CORP | HFHC Group, LLC | Nexity Bank

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Title: COMMERCIAL LINE OF CREDIT Nexity Bank AGREEMENT AND NOTE
Governing Law: Alabama     Date: 6/10/2008

COMMERCIAL LINE OF CREDIT    Nexity Bank 
AGREEMENT AND NOTE, Parties: home federal holdings corp , hfhc group  llc , nexity bank
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EXHIBIT 10.2
     
COMMERCIAL LINE OF CREDIT
  Nexity Bank
AGREEMENT AND NOTE
  3500 Blue Lake Drive, Suite 330
 
  Birmingham, Alabama 35243
 
  (877)738-6391
                     
                DRAW    
AGREEMENT       LINE OF CREDIT   EXPIRATION    
DATE   LOAN TERM   LIMIT   DATE   MATURITY DATE
June 25, 2007
  12 Months   $ 750,000.00     June   25,   2008   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 .

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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:
    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.
    Advances under this Agreement may be requested orally or in writing by the Borrower or by an authorized person.
    The total of any advance requested and unpaid principal cannot exceed Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000 00).
    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

 
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