New Customer Credit Application

The business hereby grants the Empire Comfort Systems, Inc. to the extent permitted by law, a security interest in all present and after acquired or held personal property of the Business and all proceeds and renewals thereof and substitution therefore, including without limitation the undertaking of the Business including all goods purchased on the Business Account (collectively referred to as the “Goods”) to secure payment to Empire Comfort Systems, Inc. for all debts and liabilities, present and future, at any time, owing by the Business to Empire Comfort Systems, Inc. If the Business is in default of any of its obligations to Empire Comfort Systems, Inc., or if any other monies are due arising from the Agreement, are not made on time, the Goods may be repossessed, to the extent permitted by law. The Business hereby acknowledges receipt of this application and waives right to receive a copy of any financing change statement.

I/We certify that all the information disclosed above is correct and that I/We are authorized by the Business to provide this information to Empire Comfort Systems, Inc. and to make the application for credit on behalf of the Business. In the event that this credit application is accepted by Empire Comfort Systems, Inc. (which acceptance will be deemed where a copy of this application has been signed on behalf of Empire Comfort Systems, Inc. and returned to the Business at the Business’s address or where Empire Comfort Systems, Inc. does in fact extend credit to the Business) the Business agrees to pay all accounts with Empire Comfort Systems, Inc. on the invoice terms (Net 30 days). In default of payment the Business agrees to pay Empire Comfort Systems, Inc. actual legal costs incurred. The Business agrees to pay interest of 24% per annum on all amounts not paid according to the invoice terms. The Business agrees that Empire Comfort Systems, Inc. may change the rate of interest from time to time upon 30 days written notice to the Business at the above address. Empire Comfort Systems, Inc. may grant extensions of time or other indulgences to the Business without in any way affecting its future right to enforce the credit terms. The Business agrees that Empire Comfort Systems, Inc. has the right to make the usual financial and trade inquiries about the Business from time to time. The Business hereby gives its consent to Empire Comfort Systems, Inc. to release credit information to persons or organizations with whom it has or may expect to have financial dealings.

WHEREAS I am a Principal of the Business and desirous of the benefit of Empire Comfort Systems, Inc. advancing goods and services to the Business on credit, I guarantee (or jointly and severally guarantee where there is more than one guarantor), irrevocably and unconditionally, the due and punctual payment to Empire Comfort Systems, Inc. of any and all debts owed by the Business, including accrued interest and any legal costs incurred due to the delinquency of such payment, irrespective of any credit limited applied for or set for the Business. If the Business is late or defaults in payment, upon written demand at my residence as set out above, I promise to immediately pay the Business’s outstanding account out of my own personal funds. I agreed that this shall be a continuing guarantee until terminated by Empire Comfort Systems, Inc. with its written consent. Empire Comfort Systems, Inc. shall not be obliged to exhaust all its remedies, recourses, and security as against the Business. Empire Comfort Systems, Inc. shall be entitled to grant extensions of time for payment to the Business without prejudice to its rights against the Guarantor.

I CERTIFY THAT I FULLY UNDERSTAND THAT I AM PERSONALLY GUARANTEEING THE ACCOUNTS OF THE BUSINESS, AND THAT I WILL BE PERSONALLY LIABLE TO PAY THE ACCOUNTS OF BUSINESS, IF IT FAILS TO PAY ACCORDING TO THE CREDIT TERMS AND CONDITIONS.