CM Heavy Machinery,LLC

P.O. BOX 309
111097 HWY 27
OKEMAH, OK 74859
(918) 623-9330

Credit Application and Agreement

A. Applicant

Physical Address

Mailing Address

Contact

B. Business Information

C. Banking Information

D. Trade References (Please fill out three.)

The preceding information is for the purpose of obtaining credit and is warranted to be true. I/We hereby authorize CM Heavy Machinery, LLC or its assignee/designee to investigate all references and customary credit information sources including consumer credit reporting repositories regarding my/our credit and financial responsibility for the purpose of obtaining credit and for periodic review for the purpose of maintaining the credit relationship.

CREDIT TERMS: All invoices are due on or before the tenth day of the of the month following month of invoice. All balances carried beyond the due date will be delinquent, and at the end of the calendar month due will be assessed a service charge at the rate of 1-1/2 % per month (18% annual rate).

CHANGE OF OWNERSHIP: I/We understand that we must notify CM Heavy Machinery, LLC. in writing of any change in ownership, the name of the business or structure of the business under which credit is established.

In the event of default, and if this account is turned over to an agency and/or an attorney for collection, the undersigned agrees to pay all reasonable attorney fees, and/or costs of collection whether or not suit if filed.

CONSENT TO OBTAIN CONSUMER CREDIT INFORMATION
The undersigned individual ,who is either a principal of the credit applicant or a sole proprietorship of the credit applicant, recognizing that his or her individual credit history may be a factor in the evaluation of the credit history of the applicant, hereby consents to and authorizes the use of a credit reporting agency on the undersigned and /or their business by the above named business credit grantor or an assignee/designee from time to time as may be needed, in the credit evaluation process.

The undersigned grants express permission to CM Heavy Machinery, LLC. or an assignee/designee to transmit to the following and other facsimile machines of the undersigned any information relating to products or services purchased by the undersigned with credit established with CM Heavy Machinery, LLC. or its assignee/designee. The undersigned will also advise in writing of any number changes in or additions or deletions to its facsimile machine.

PERSONAL GUARANTY
For the extension of credit by CM Heavy Machinery, LLC. (“CMHM”), the undersigned (“Guarantor”), individually, jointly and severally, absolutely and
unconditionally guarantee payment of all debts and sums, present and future, due CMHM under the Credit Application and Agreement, including, without limitation, all rental charges, interest, late charges, costs and attorneys’ fees, and the performance of every obligation, present and future, pursuant thereto. This Personal Guaranty is continuing. Guarantor waives set off and all defenses and waives acceptance, creation of debt, presentment, protest, demand for payment and diligence, and waives all notices permitted by law, including, without limitation, notice of acceptance, creation of debt, presentment, protest, of dishonor, default, demand for payment, non-payment and diligence, and waives subrogation and any requirement that CMHM first institute suit or exhaust any rights or other legal remedies before proceeding against Guarantor, including that CMHM first proceed against the Applicant or against any other party or first to realize on any security before enforcing this Personal Guaranty. Guarantor consents to any renewals, extensions and modifications of any payment terms, surrender, release, exchange, substitution, dealing with or taking of additional security or any other guaranties, abstaining from taking advantage of or realizing upon any security or other guaranties and any and all other forbearances or indulgences by CMHM to Applicant, Guarantor or any other party without notice to Guarantor and without affecting Guarantor’s liability. Guarantor shall indemnify and pay CMHM for any loss incurred by CMHM as the result of the failure of Applicant or Guarantor to perform and for any and all costs, expenses and reasonable attorneys’ fees incurred by CMHM in enforcing or attempting to enforce the Credit Application and Agreement or this Personal Guaranty

Applicant's Signature Attests Financial Responsibility, Ability/Willingness to Pay in Accordance with Terms: