1. Upon approval of this Credit Application, Dewar Nurseries hereinafter referred to as “Creditor”, agrees initially to extend credit to Customer and will advise Customer of the approved credit line. 2. If any charge or payment is not paid by Customer within fifteen (15) days after payment is due, Customer agrees to pay a service charge on the amount owing, equal to one and one-half percent (1 ½%) per month or the highest rate allowed under applicable law, whichever is the lower. 3. If any claims arise concerning defects in quantity or quality, or as to any other matter, Creditor shall not be liable, if at all, unless Customer shall make a written claim to Creditor within forty-eight (48) hours after receipt of any shipment involved in such claim, and failure to present any such claim within that time will be considered a waiver of the claim. Any claims made by telephone shall be confirmed immediately in writing to the Creditor. 4. All shipments are F.O.B. point of shipment. The customer agrees to resolve all claims arising from shipment directly with the carrier. 5. Customer hereby authorizes Creditor to investigate Customer’s credit record and to report Customer’s performance under this transaction, or any other agreement between Creditor and Customer, to credit agencies, specifically including, but not limited to Florida Growers Credit Association. 6. Customer acknowledges that in the event of nonpayment, its account will be assigned for collection to Florida Growers Credit Association, Cleveland, Ohio. Customer waives any claim of jurisdiction or venue in the county or state of Customer’s residence or place of business and agrees that, should suit be instituted, personal jurisdiction, as well as venue, will be exclusively in Cuyahoga County, Ohio. 7. In the event that Florida Growers Credit Association institutes legal proceedings to collect any amount due and owing, then Customer will be responsible for any costs incurred in the collection of such amount, including, but not limited to reasonable attorney’s fees and court costs, incurred at both the trial and appellate levels. 8. If any provision hereof is deemed invalid or unenforceable to any extent, the remainder of the terms hereof will not be affected thereby and will be enforced to the greatest extent permitted by law.

Whereas the “Customer” is or may become indebted to Dewar Nurseries, Inc. (creditor); Now therefore, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, the undersigned Guarantor hereby absolutely and unconditionally guarantees to Creditor the prompt at maturity and all times thereafter of the debt. Guarantor represents that he, she, or it is the owner of a credit or indirect interest in Customer and that Guarantor will receive a direct and material benefit from the proceeds of any of the Debt. In the event of default by Principal in payment of the Debt or any part thereof when such indebtedness becomes due, either by its terms or as the result of the exercise of any power to accelerate, Guarantor shall, on demand and without further notice of dishonor, without any notice having been given to Guarantor previous to such demand of the creating or incurring of such indebtedness, pay the amount due thereon to Creditor and it shall not be necessary for Creditor, in order to enforce such payment by Guarantor, first to institute suit or exhaust its remedies against customer or others liable on such indebtedness. This guaranty is executed and delivered as an incident to a credit transaction wherein, in the event of nonpayment, the Customer’s account will be assigned for collection to Florida Growers Credit Association, Cleveland, Ohio and shall be constructed according to the laws of the State of Ohio. The Guarantor acknowledges that, should suit be instituted, jurisdiction of the person and subject matter, as well as venue, shall properly be in Cuyahoga County, Ohio. This is not a contract of surety ship.