First Midwest Equipment Finance Co. v. Morris et al

Filing 11

MOTION by Plaintiff First Midwest Equipment Finance Co. for judgment by default (Attachments: # 1 Exhibit)(Wright, Alexander)

First Midwest Equipment Finance Co. v. Lenn Morris and Ricky Freeman
PLAINTIFF'S MOTION FOR ENTRY OF JUDGMENT BY DEFAULT

EXHIBIT "A"

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
First Midwest Equipment Finance Co.,
Plaintiff,
v.

)
)
)
)

No. 17-cv-02121
Honorable Gaty Feinetman

)

)
Lenn Morris and Ricky Freeman,
Defendants.

)

)
)

AFFIDAVIT AS TO MILITARY SERVICE
I, the undersigned attorney, based solely on the attached Status Repott provided by the United
States Department of Defense's Manpower Data Center (the "Center"), state that Lenn Morris and
Ricky Freeman are not currently in active duty of any branch of the United States Armed Services. True
and correct copies of the Center's Status Repotts for Lenn Morris and Ricky Freeman are attached
hereto.

Dated:June 19, 2017

Respectfully submitted,

FIRST MIDWEST EQUIPMENT
FINANCE CO.

By:

Isl Alexander N. Wright
Alexander N. Wright
ASHEN IFAULKNER

217 N. Jefferson St., Suite 601
Chicago, Illinois 60661
312.655.0800
Atty. No.: 6314304
[e-mail]

Results as of· Jun-19-2017 02:27:29 PM

Department of Defense Manpower Data Center

SCRA 3.0

Status Report

Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-3479
Birth Date:
Last Name: FREEMAN
First Name: RICKY
Middle Name:
Active Duty Status As Of: Jun-19-2017

Active Dul

AcHve Du\ Start Date

Seivlce Corn

NA

Active Ou

nent

NA

Service Com anent

Start Date

S'<'\)A

NA

L

This response reHec1s wh~r~-~Jl~dividui3! left acl1've' duty

NA

sl'~hJ; wi\~ln'367''days

Da1e

Order Nolificatlon Start Date

Service Com anent

NA

NA

Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual

on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps,

Air Force, NOAA, Public Health, and

Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.

Department of Defense - Manpower Data Center
4800 Marl< Center Drive, Suite 04E25
Arlington, VA 22350

The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App.§ 3901 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duly" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
information can be found on the SCRA website's FAQ page (033) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you. See 50

use App.§ 3921(c).

This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.

More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§ 101 (d) (1 ). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. ln the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC§ 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve {AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves {TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).

Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC§ 101 (d)(1 ).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to re!y on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.

Certificate ID: 18RCHF6FE5BDEFO

Results as of: Jun-19-2017 02:26:39 PM

Department of Defense Manpower Data Center

SCRA3.0

Status Report
Purswmt to Servicemembers Civil Relief Act
SSN: XXX-XX-8811
Birth Date:
Last Name: MORRIS
First Name: LENN
Middle Name:
Active Duty Status As Of: Jun-19-2017

Active Du

Status

Active Out End Date

Start Date

Service Com onent

NA

NA

Active Out Start Date

Servica Com

NA

nent

NA
u\y Status Date

M

M
This res

nse refiects whether the lndividua'i

M

or,h\~-,9;,uJ1,-h;s ~~f.lJ\i{id~<irf

notifica!ion to re

rt for ac!!ve du

Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.

Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350

The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
information can be found on the SCRA website's FAQ page (033) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App.§ 3921(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.

More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§ 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. !n the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC§ 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).

Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Tille 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC§ 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.

Certificate ID: F87BOF4F05BDGFO

First Midwest Equipment Finance Co. v. Lenn Morris and Ricky Freeman
PLAINTIFF'S MOTION FOR ENTRY OF JUDGMENT BY DEFAULT

EXHIBIT "B"

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
First Midwest Equipment Finance Co.,

)
No. 17-cv-02121

)

Plaintiff,

)
)

Honorable Gary Feinerman

)

v.

Lenn Morris and Ricky Freeman,

)
)
)

Defendants.

)

AFFIDAVIT OF SUSAN M. RUSCH
I, Susan M. Rusch, being first duly sworn on oath, depose and state as follows:
1.

I am over 18 years of age and competent.

2.

This affidavit is made on my personal knowledge and the documents contained

herein, and if sworn as a witness, I could and would competently testify to the facts contained herein
and documents attached hereto.
3.

I ,am employed by First Midwest Equipment Finance Co. (herein "Midwest"), Plaintiff

in the above-captioned cause, as a Vice President. One of my duties as a Vice President is to review
loan accounts to ensure that timely payments are made and to ensure compliance with other loan
terms. I am authorized to make this affidavit.
4.

In my capacity as Vice President, I am personally familiar with the files, ledgers and

records kept by Midwest and have access to all documents processed by Midwest that relate to the
loan made by it to Forest Energies, LLC ("Forest") and guaranteed by Lenn Morris ("Morris") and
Ricky Freeman ("Freeman").
5.

I have reviewed the allegations in the Complaint and they are true and accurate.

6.

My full and careful review of the loan documents, itemization of interest charges, late

fees and principal balance in the above-captioned suit shows the following:

A. Equipment Financing Agreement No. 70020-001
1.

On or about November 19, 2015, Forest entered into Equipment Financing
Agreement No. 70020-001 ("Agreement") with Midwest, whereby Midwest
agreed to lend the sum of $296,209.58 to Forest for the acquisition of the
equipment described therein ("Equipment").

A true and correct copy of the

Agreement is attached hereto as "Exhibit A."
11.

Under the Agreement, Forest agreed to make sixty-six monthly payments to
Midwest, each in the amount of $5,484.88.

iii. To induced Midwest to enter into the Agreement, Morris and Freeman
(collectively, the "Guarantors") each executed a personal guaranty (collectively, the
"Guarantees"), under which they guaranteed full and prompt performance under the
Agreement. Tiue and correct copies of the Guarantees are attached hereto as

"Exhibit B."
1v. Forest made 11 payments under the Agreement, then defaulted on the Agreement
by failing to make all subsequent payments, leaving 55 payments unsatisfied.
v. As a result of the aforementioned default, as of June 20, 2017, there remains due
and owing $301,668.40 (55 payments at $5,484.88), plus late fees of $1,645.44,
with attorneys' fees and costs to be added pursuant to separate affidavits from
Ashen IFaulkner.
7.

The matters set forth in this Affidavit are true in substance and in fact and are based

upon my own personal knowledge and upon my own personal review of Forest's loan records,
including the payment history attached hereto (the "Histo1y") now held and maintained in the normal
and ordinary course of the Midwest's business. A true and correct copy of the History is attached
hereto as "Exhibit C."

First Midwest Equipment Finance Co. v. Lenn Morris and Ricky Freeman
AFFIDAVIT OF SUSAN M. RUSCH

EXHIBIT "A"

Creditor: FIRST MIDWEST EQUIPMENT VI.NANCE CO.
80 N. Gordon
Elk Grove Village, IL 60007

Agreement No.

-------------10020-001

EQUIPMENT FINANCING AGREEMENT
Debtor

Forest Energies, LLC

Full LeBIII Name - Include: DBA if Applicable
Billing Address

2700 Hwv 280 Suite 210W

I

Cily

Mountain Brook

Slate

I

AL

I

Zip

35223

Quantitv

Full Descriplion of Equipment Includin~ Mako Model and Serial Number

3

Two (2) 2016 Kenwortb T880 Non Sleeper Tracto1·s VIN: 1XKZD49X3GJ127935, VIN:
1XKZD49X1GJ127934 and One (1) 2016 Pitts Model LT4-8L Log Trailer VIN:
5JYLT4026GP160660. includine all attachments and accessories.

Payments

Initial Payment ( to accompany agreement)

66 insta\lment:s of$ 5,484.88

D First$

D Deposit

D Last$

D Other$

payable Monthly
Equipment Location: 18879 Gorgas Rd.,
Northnort, AL 35475

Equipment Cost/

Advance (pl'incipal
$

sum)

$296,209.58

7.40% Rate

Debtor and First Midwest Equipment Fiuautc Co. ("Creditor") agree that Creditor will finance the above-described personal property (collectively and including
replacements the "Equipment" and individually nn 11 Item") under the terms of this equipment financing agreement (y Agreement") which are set forth.
1.
SECURlTY INTEREST. As security for !he payment as and when due of the indebtedness of Debtor to Creditor hereunder and the perfonnance as and when due of all
other obligations of Debtor to Creditor hereundet and under any other agreement under which Debtor now or hereafter has obligations to Creditor, Debtor hereby grants to
Creditor a first priority, security interest in the items of Equipment described on the attached Schedule "A" and all replacements substitutions and exchanges therefore and
thereof and accessions thereto and any and a11 insurance and/or other proceeds thereof(the" Collateral"). Debtor agrees that with respect to the Collateral Creditor shall have all
of the rights and remedies of a secured party under lhe Unifonn Commercial Code (the"UCC"). Debtor hereby authorizes Creditor lo file UCC statements describing the
Collateral. Without Creditor's prior written consent, Debtor agrees not to file any corrective or tennination statements or partial releases with respect to any UCC statements
filed by Creditor pursuant to this Agreement.

2.
PAYMENTS. Debtor will repay the Equipment Cost/Advance shown above in the number of installments, with the frequency and in the amount shown above. The
initial payment is due upon execution of this agreement. The second installment payment will be due on the lstofthc month, or other period set forth above, following Debtors
execution of this Agreement if execution occurs on or before the 15th of the month and otherwise on the 15th of the following month, or other period set forth above.
Subsequent payments will be due on the same day of each period set forth above thereafter until paid, wliether or not an invoice is rendered. Other amounts due hereunder are
payable upon Debtors receipt of an invoice therefor. Debtor will pay Creditor amounts due under this Agreement at Crcditm•'s address shown above or as Creditor may
otherwise notify Debtor. Amounts to be applied to the last paymenl{s) will be applied in inverse order until exhausted provided there has been no default under the agreement.
If there is a default, payments may be applied to Debtor's obligations as Creditor chooses.
3.
LOCATION; INSPECTION; USE. Debtor will keep, or permanently garage and not remove from such location fur more lhan 30 days or from the United States for any
period, each ltem in Debtor's possession and control at the Equipment Location or such other location to which Creditor may consent In writing. Upon request, Debtor will
advise Creditor as to the exact location ofan Item. Credilor may inspect an Jlem during nomlal business hours, and Debtor will ensure Creditor's access for such purpose. Each
Item will be operated carefully and properly in compliance with all applicable governmental, insurance and manufucturei's warranty requirements and all manufacturer's
inslructions.
4.
MAINTENANCE; ALTJ3RATJONS. Debtor will maintain each Item in good condition and repair and as specified in such requirements. Debtor will cause each Item of
a type generally covered by a service contract to be covered under a contract providing sufficient coverage i~ued by a competent servicing cnlity. Debtor will not make any
alterations or additions to an Item which detract from its economic value or functional utility except as stated herein. Alterations or additions not readily removable or made to
comply with governmental re~uirnments Will be deemed accessions to the Item.

5,
LOSS AND DAMAGE; STIPULATED VALUE. Debtor will bear all risk of loss, theft, destruction or requisition ofor damage to an Item ("Casually Occurrence").
Debtor will give Creditor prompt notice of a Casualty Occurrence and will then repair the Item; provided, if Creditor decides the Item is lost, stolen, destroyed or damaged
beyond repair or is requisitioned or suffers a constructive loss under an insurance policy carried hereunder, Debtor will pay Creditor the "Stipulated Value11 equal to (a) any
amounts due Creditor from Debtor at the time oflhe payment and (b) the remaining payments as to the Item. Upon such payment Creditor's security interest will tenninate as to
the Item.

6.
TITLING; REGISTRATION, Each Item subjcd to tiUe registration laws will at all times be titled and/or registered by Debtor in such a manner and jurisdictions as
Creditor directs. Debtor will promptly notify Creditor of any necessary or advisable retitling and/or re-registration of an llem in a different jurisdiction.
7.
TAXES. Debtor will make nlJ filings and pay all taxes and other governmental assessments relative to the Equipment as required by law. Debtor will pay or reimburse
Creditor for nny other taxes and o\her governmental assessments other than Creditor's net income taxes related to the payments due under or otherwise rc[ate<l lo this
Agreement. Retums in connection with these latter matters will be filed by Creditor or Debtor as Creditor specifies.

8.
INSURANCE. Debtor will maintain nil risk insurance on the Equipment for not less than its full replacement value naming Creditor as Loss Payee. Creditor may require
Debtor.to maintain combined public liability and property damage insurance with a single limit of not less than $500.000 per occurrence, or such other amount as Creditor may
require on notice to Debtor, naming Creditor as an Additional lnsured. All required insurance must be in a form and with companies approved by Creditor, mu~ name Debtor
as a Named Insured, must provide at least ten (10) days advance written notice to Creditor of change or cancellation, must provide breach of warrnnty protection, where
relevant, and must provide that tl1e coveroge·is "primary." Insurance proceeds, at Creditor's option, will be applied to (a) the repair of applicable Items, (b) payment of the
Stipulated Value and/or (c) payment of other obligations to Creditor. Any excess will belong to Debtor. Debtor appoints Creditor as Deblor's attomey·in-fact to do all things
nooessary or advisable to secure payments under any policy contemplated hereby on account of a Casually Occurrence. Debtor will cause Creditor to receive evidence
reasonably requested by Creditor of the covemge required above.

9.

CREDITOR'S PAYMENT. If Debtor fails to perform any obligation herern1der, Creditor may perfonn the obligation, and Debtor will reimburse Creditor's related costs.

10. INDEMNITY. Debtor wm indemnify, defund and hold hannless Creditor against any liabilities, losses, claims, actions and expenses, including court cosls and legal
expenses, incurred by Creditor. relating to this Agreement or the Equipment, including claims of latent or other defects, strict liability claims (whether in either case relating to
an event while Creditor has a security interest therein) and claims for patent, trademark or copyright infiingement. Each party will give the other notice of any covered event
promptly after teaming thereof.
11. DEFAULT. This Agreement will be in default if(a) Debtor fails to pay any amount hereunder when due; (b) Debtor fails to perform any other obligation hereunder or
under any other Agreement between Creditor and Debtor; (c) Debtor dies or is declared legally incompetent, if an individual; (d) a petition is filed by or against Debtor under
the Bankruptcy Act or under any other law providing relief for debtors; (e) Debtor makes an assignment for the benefit of creditors, a receiver or trustee Is appointed for Debtor,
a proceeding contemplating winding up of Debtor's affairs is inslituted, Debtor ceases business affairs or Debtor makes an abnormal transfer ofa material portion of Debtor's
assels; (f) an event described in (c), (d) or (e) occurs as to a guarantor of Debtor's obligations hereunder; or (g) there is a material misrepresentation to Creditor by Debtor or a
guarantor in connection with this Agreement or (h) any representation or warranty made by Debtor shall prove to be false or misleading in any muterial respect.
12. REMEDIES. If the Agreement is in default, Creditor may, at its option, do any one or more of the following: (a) declare all sums due and payable, whereupon the unpaid
principal and accrued interesl shall become imntediately due and payable; (b) use self-help and other lawful remedies to take possession of any Hems; (c) sell or otherwise
dispose of imy Hems inn manner which is commercially reasonable; (d) recover from Debtor all amounts then due and owing hereunder less the net sales price (net of all
Cre(litoI's costs and expenses of sale) of any Jtems Creditor has repossessed and sold; or (e) utilize any other remedy available to Creditor under the Unifonn Commercial Code
or otherwise at law or in equity.
All remedies are cumulative and may be exercised concurrently or separately from time to time. Debtor will also pay Creditor all costs and expens~ not offset against the
proceeds of sale of any Equipment incurred by Creditor in enforcing this Agreemcnl, including thoge incurred by using Creditor's salaried employees and those prior to filing of
an action or in connection with a dismissed action. Any waiver by Creditor oh provision of this Agreement must be in writing, and forbearW1ce by Creditor will not constitute
a wniver. Post~default amounls will bear interest at 18% per annum or at such lesser default rate as set by law until paid.
13. REPRESENTAT[ONS AND WARRANTIES OF DEBTOR. Debtor hereby represents and warrants !hat: (11) Debtor has good title to the Equipment, free of all liens,
claims, securily interests and encumbrances except !hose of Creditor and the security interest granted by D~btor to Creditor constitutes a valid first priority lien and security
interest in the Equipment; (b) Debtor is not in default under any indenture, loan agreement, mortgage, deed of trust or other similar Agreement relating to the borrowing of
monies to which Debtor is party, or by which Debtor's assets may be bound; (c) there me not actions or proceeding which are pending or threatened in any court or before any
governmental agency against Debtor, its assets, or the Equipment which may materially adversely affect Debtor or the Equipment: (d) all Equipment will be used by Debtor
solely for business purposes.
14. ASSIGNMENi. Without the prior written consent of Creditor, Debtor will not lease, transfer an interest in or allow a lien against any Item or transfer any obligation under
this Agreement except a lien in an Item created by Creditor. Debtor's obligations fire not assignable by operation of Jaw. All Creditor's rights under this Agreement and interest
in the Equipment may be disposed of without notice to Debtor. Debtor will acknowledge receipt of any notice of assignment in writing and will pay any assigned amounts as
directed in the notice. If Creditor assigns this Agreement or any interest heroin, Debtor will not assert against the assignee any claim or defense it may have against Creditor,
and Debtor will pursue any rights on account thereof solely against Creditor personally. No assignee will be obligated to perform any obligation of Creditor under this
Agfeement unless assumed by the assignee. Subject to the foregoing, this Agreement is for the benefit of, and binds, the heirs. legatees, personal representatives, successors and
assigns of the parties,

15. PERSONAL PROPER1Y. Debtor will mark the Equipment or Equipment Loealion at Creditor's request to indicate Creditor's security interest in the Equipment. Each
Item will remain personally despite attachment to replty, Debtor will obtain and deliver to Creditor, upon Creditor's request, real property waivers in fonn satisfactory to
Creditor from all persons claiming an interest in the real property on which an Item is or is to be located.
16.
ADDITIONAL DOCUMENTS. Debtor will obtain and deliver to Creditor such documents as Creditor requests to protect its interest in this Agreement and the
Equipment, including financing statements and fixture filings, both of which Debtor hereby alternatively authorizes Creditor to sign on Debtor's behalf. Debtor will reimburse
Creditor for all Creditor's search, filing and appmisal fees and other costs paid third parties in connection ·with this Agreement. Debtor will furnish Crf'11itor such financial data
or infonnation relative to this Agreement or the Equipment as Creditor may from time1o time reasonably request.
17. LATE PAYMENT. If Debtor fails to pay an amount hereunder within JO days ofwhen due, Debtor will pay Creditor (a) a 5% late charge; (b) amounts Creditor pays
others in connection with collection of the amount; and (c) Creditor's standard returned check charge, if relevant.
18. DEPOSIT. Any deposit Debtor furnishes in connection with this Agreement will not bear interest and may be 11pplied by Creditor to any obligations of Debtor to Creditor
which are in default. When Debtor has satisfied all Debtor's obligations hereunder, Creditor will return any remaining balance of the deposit to Debtor.
19. GENERAL. TI1is Agreement contains the enlire Agreement between Creditor and Debtor concerning the financing of the Equipment and may be amended only by a
written Agreement signed by the party 10 be charged. Notices hereunder must be in writing and mailed with appropriate U.S. First Class Mail postage prepaid to the party
involved at its respective address set forth above or at such other address as sue~ party may provide the other on notice. Notices to Debtor will be effective upon deposit and to
Creditor upon receipt. Each party will promptly notify the other of any change in address. 'The singular includes !he plural and !he word "Creditor" includes all assignees of
Creditor. The liability of co-debtors is joint and several. Pnragraph titles ore not an nid in interpretation.

20. GOVERNING LAW; VENUE; JURY TIUAL WAlVER. TI-IJS AGREEMENT, AND ANY DISPUTES ARISlNG FROM OR RELATING TOTH IS AGREEMENT WILL
BE GOVERNED BY AND CONSTRUED JN ACCORDANCE WITH THE LA \VS OF THE STATE OF ILLINOIS WITHOUT REOARD FOR ITS CONFLICT OF LAW
PROVISIONS. ALL DISPUTES OR CLAIMS BETWEEN THE PARTIES TO THIS AGREEMENT SHALL BE SUDMlITED TO THE EXCLUSIVE JURISDICTION OF
THE STATE AND FEDERAL COURTS OF THE STATE OF ILLINOJS WITH VENUE IN THE COUNTY OFDUPAGE, THE PARTIES TO THIS AGREEMENT
EXPRESSLY WAIVE ANY DEFENSE OF l,ACK OF PERSONAL JURISDICTION OR IMPROPER VENUE IN ANY SUCH COURT.. THE PARTIES BXPRESSLY
WAIVE ANY RIGJIT TO TIU AL BY JURY.
21. NO OFFSE1"; PREPAYMENT. DEBTOR'S OBLIGATION TO MAKE ALLPAVMENTS UNDER TH1S AGREEMENT IS ABSOLUfEAND UNCONDITIONAL
AND WILL NOT BE SUBJECT TO ANY ABATEMENT, COUNTERCLAIM, RECOUPMBNT, OFFSET OR DEFENSE. DEBTOR MAY NOT f'REPA Y ITS
OBLIGATIONS HEREUNDER. THE TOTAL OR PARTIAL DESTRUCTION OF ANY EQUIPMENT, OR TOTAL OR PARTIAL LOSS OF USE OR POSSESSION
TI-IEREOF BY DEBTOR, SHALL NOT RELEASE OR RELIEVE DEBTOR FROM THE DUTY TO PA y nm PAYMENfS THEREUNDER.
22. NO AOENCY. DI!BTOR ACKNOWLEDGES THAT NO SUPPLIER NOR ANY FINANCIAL INTBRMEDIARY NOR ANY AGENT OR EITHER IS AN AO ENT OF
CREDITOR, THAT NONE OF SUCH PARTIES IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF TIIlS AOREEMEITT AND THAT NO
REPRESENfATION AS TO 11-IE EQUIPMENT OR ANY OTHER MATI'ER BY ANY SUCH PARTY IS BINDING UPON CREDITOR.
23. FJNANCINO. TI-HS AGREEMENT IS SOLELY A FINANCING AOREEMBN • CREDITOR HAS HAO NO lNVOLVEMENT IN THE SELECTION OR PURCHASE
OF AND HAS MADE NO AGREEMENT, REPRESENTATION OR WARRANTY AS
ANY

ITEM,lf:: .

DEBTOR'S INITIALS HERE.

By execution hereof Debtor requc5Cs CredlCor to advance the Equipment Cost/Advance shown above to the parties whom Debtor hns specified in ll sepRrate
Disbursement Instruction, subject to CredUor's right to make th(! applicable porllon of the advance lo nny party which Creditor concludes has a security Interest In
an Item. Encntion hereof by a duly flufhorized officer of Creditor indicates Creditor's acceptance of such offer. Debtor warrnnts thal Debtor wlll use the
EqulpJ11ent soltly for commerdal or business purp1tscs.
Debtor recognizes tba·t Crcdilor wlU cheer, Debtor's credit i-efereneei; and history and advlse others as to Creditor's experience .wilh Debtor and consents thereto.
Debtor cerUfles and wanants that the flnnncfol data and other infol'mation wl1ich Debtor bas submitted or will submit to Creditor, is or will be a true and complete
!itHtcment of the matters covered.

C1·edito1· and Debtor l1ave executed this Agreement as of

November 19, 2015
(Date)

Creditor:

Forest Ene1·gies, LLC
First Midwest Equipment Finance Co.

First Midwest Equipment Finance Co. v. KA Leasing Group, LLC, et al.
AFFIDAVIT OF SUSAN M. RUSCH

EXHIBIT "B"

·.)
GUARANTY OF EQUIPMENT FINANCE AGREEMENT
The °Contrnct1': Equipment Finnnce Ag1·cement No.

Name and Address of Debtor:

70020·001. dated November 19, 2015

Forest Enel'gies, LLC, 4778 Hwy 78 E., Suite 208, .Jasper, AL 35504

The undersigned ("Guarantor") hereby unconditionally nnd absolutely gunmntees the
full and prompt payment and perfonnnncc when due (At maturity, by acceleration, on
demand or olherwise) of nil principal, interest, payments, rents, monies, debts,
liabilities, agteements, duties and other obligations of every type and desCription of
Debtor to First Midwest Equipment Finance Co. ("Creditor"). whether direct, indirect,
absolute, contingent, due, 10 become due, secured, unsecured, primruy, secondary,
joint, several, joint nnd several, now existing or hereafter arising, acquired or owed
under or in respect of the Contrnct, including without limitation under any agreement
or writing evidencing, securing or o1hcrwise executed in connection with the Contract,
and all ex.tensions, renewals, refinancings, amendments, modifications, restalemcnls,
supplements and 11ddenda therelo (the "Obligations'').
Guarantor further agrees to pay Creditor, on demand, in immediately avnilable funds:
(a) the amount of each Obligation not paid when due, without requiring lhat Creditor
first aft1:1mpt to collect any Obligations from Debtor or any other obligor therefor ("Coobligor") or resort to any security for the Obligalion"s ("Colll\teral"); and (b) all costs
and expenses (including court costs, legal fees and expenses) incurred by Creditor in
connection with the Obligations, this Guaranty and the enforcement of either, together
with interest thereon from the time any amount becomes due until paid, at 18% per
annum or, if less, the maximum rate pennitted by applicable law. Should O\larnnlor
die, sell or lmnsfer all or substantially all Guatllnlor's non-exempt assets, have or seek
lo have a receiver appointed for Guarantor's assets, file or have filed against
Guarantor a petition for relief under the U. S. Bnnkmplcy Code, or any successor or
similar state or federal Jaw, all Obligations will be deemed immediately due and
payable and Guarantor's obli3ations hereunder will automatically become
immedfak-ly due arKI payable, without demand or notice of any kind. Guarantor's
liability will! respect to the Obligations is unlimited and continuing until all
Obligatio11s are indefeasibly paid in full. Guarantor expressly waives any right to
revoke or terminate this Guamnty, This Guaranty shall continue in effect or be
reinstated if any payment or value received by Credilor ls rescinded, set aside,
recovered or returned for any reason (including without limitation in a bankmplcy
proceeding), and the Obllgation shall for the purposes hereof be deemed to ltave
continued in existence notwithstending application of such payment or value to such
Obligation, all as though payment or value had not been inade or received, Credi!Qr
may require payments by Guarantor hereunder on one or more occasions.
Guarantor agrees that the Obligations ,viii be p11id and performed strictly in
accor&.ncc with their respective terms regnrdless ofany applicable Jaw, regulation or
order affecting any of Creditor's rights with respect therelo, and regardless of
enforceability of any Obligations against Debtor for any reason, including lack oflegal
existence, lack of authority, as a result of bankruptcy, insolvency or reorganization, or
due to nny defenses ofDebtor. Guarantor waives presentment, demand, protest, notice
of acceptance, notice of the creation or existence of any Obligations and nil other
notices of any kind, all defenses which may be available by virtue of any valuation,
stay, moratorium law or other similar law now or hereafter in effect, any right to
require the marsl111ling of assets, and all dcfunses available to a surely, guarantor or
accommodation co-obligor, Without limiting the generality of the foregoing,
Gmirautor's obligations herem1dr.:r shall not be released, discharged or otherwise
affected by any act or omission, regardless of whether ii may vary Guarantor's risk in
any manner or lo any elctcnt or otherwise would operate as a release or dischnrgc of
Guarantor, all of which may be do11e wilhout notice to or the consent of Guarantor,
including without limitation (i) any waiver, forbearance, or fuilure to nssert any dnim
or demand or enforce any right or remedy against Debtor, any Co-obligor or 1my
Collateral; (ii) any extensions or renewals of any Obligation, for any period of time;
(iii) any rescissions, runendmcnls or modifications of any tenns of any Obligations or
of Collaleral; (iv) the substilution or release of Debtor or any Co-obligor; (v) the
adequacy of, or failure to obtain, perfect or preserve, any righ1s in or impainncnt of or
against, or substitution, exchange, surrender, release, loss or destruction of, any
Col!ateml or other support for any Obligati'ons: or (vi) the 11pplica1ion or fuilure lo
apply in ,my particular manner any payments or credits, Guarantor will remain liable
for any deficiency following any foreclosure of any Collatero.l regardless of any
discharge ofDebtor,
·

DatedasofNovcmberl9

201S

Guar

Signature:A!YCCC/-'---.,,_----'==~
Guarantor Address & Phon.;,,,\

o( 7CJ1)

t:(~ iJ,.[D

Ounrrmlor is giving this Guarani}• in good failh for adequate consideralion and
reasonably equiv11lent value, and wilhoul any intent lo hinder, delay or defraud
Guamntor's creditors. The execution, delivel)' and performance of this Guaranty do
not rutd will not violate any provision of any indenture, contract, agreement,
instrument, law, mle, rogu.lation or order to or by which Guarantor is a party, subject
or bound.
Guarantor will provide Creditor 011 request Guarantor's most recent financial
stntcments and other informntion, in such fonn as Creditor reasonably shall require.
Guarnntor will do all things and execute all documents as required by Creditor to give
full effect to this Guaranty and to pn:scrve Creditor's tighls and powers hereunder.
Gullll\nlor t11kes fu11 responsibility for being and keeping infonned of Debtor's
financial condition and all otl:icr circumslnnces bearing on Guarantor's risk hereunder.
Creditor shaJI have no duty to advise Guarantor of information known to it regarding
Debtor or Debtor's financial condition.
Until all Obligations shall have been satisfied, Guarnnlor (a) waives all rights of
subrogation, contribution, indemnity und reimbursement against Deblor, any Coobligor and any Collateral, and (b) will not demand, sue for or otherwise attempt to
collect any indebtedness of Debtor to Guarantor,
This Guaranty shall be binding on Guarantor, and Guarnnior's heirs, representatives,
· successors and assigns, and shall inure to the benefit of Creditor, its successors and
assigns. Notwithstl!Ilding anything herein, no assignment or trm1sfer by Guarantor will
relieve Guaranlor of any liabilities or obligations hereunder.
TI1is Guaranty was documenlcd in the Stale of Illinois. This Ouarnnty shnll be
govemed·by, and construed in nceordance wilh, the subslantivc law of the State of
1Jlinois (not including conflicts laws). Guarnnlor agrees Iha! any suit to enforce this
Guaranty may be .brought in lhe federal or slate courts sitting in lllinois and consenls
to the exclusive jurisdiction of such couns and to service of process in any such suit
being made on Guarantor by m11il at the address specified herein. Guarantor hereby
waives any objection it may now or hereafter have to the venue ofa.ny such suit In any
such court or bll.!lcd on forum non conveniens. GUARANTOR, AFTER
CONSlll,TJNO (OR HAVING HAD AN OPPORTUNITY TO CONSULT) wrrn
COUNSEL OF GUARANTOR'S CHOICE, KNOWlNOLY AND VOLUNTARJLY
WAIVES ANY RIGHT TO TRIAL BY JURY lN ANY ACTION OR PROCEEDING
RELATING TO THIS GUARANTY, OR ANY OBLIOATIONS, INCLUDING ANY
LITIGATJON REGARDING ENFORCEMENT OP TIIIS GUARANTY OR ANY
OBLIGATIONS..
This Guaranty constitutes Guarantor's entire agreement relating to the matters herein.
No amendment or waiver of nny provision horeof nor consent to any departure by
Guarantor lherefrom is effec1ive unless in wriling, signed by Creditor. No failure or
delay on Crcdilor's part to exercise any right hereunder :.hall operate as a waiver
thereof; nor shall any single or partial exercise of any right herellnder preclude MY
other or further exercise thereof or the exercise of any other right. All of Creditor's
rights and remedies are cumulative and not exclusive of any other remedies al law or
by any other agreement. This Guaranty is in addi1ion lo, not in replacemenl of or
substitution for, any other guaranty of the Obligations or any other guaranty of
Guaranlor held by Creditor. The invulidity or unenforceabiUty of 11ny provisions
hereof will not affect the validity or enforceability of any oilier provisions. If more
1han one Gunmntor has si8ncd this Gunronty, each Guarantor shall be jointly nnd
1mvemlly liable hereunder. Fnx delivery of this Gunranty or any other agreement shall
constitute dne delivery; and the telecopied counterpart thereof shall be fully admissible
in any court or other procccdiny as an originnl. Without limiling or modifying the
foregoing, Guarnntor will deliver to Creditor, promptly on request, the originally
executed counterpart of this Guaranty or any other agreement,
Guarantor aclmowlcdgcs, authorizes and consents to Creditor and its agents obtaining
consumer credit reports and other financial and credit infonnalion, and making other
credit inquiries about Guaranlor, both in connection wilh Debtor's application and
from time 10 time hereafter,

GUARANTY OF EQUIPMENT FINANCE AGREEMENT
Tl111. "Contract": Equipment Finance Agreement No. 20020-001, dnfcd November 19, 2015

Name and Address ofDcbtm·:

Forest Energies, LLC, 4778 Hwy 78 E., Suite 208. ,Jasper, AL 35504

The undersigned ("Guarantor") hereby unconditionally and absolulely guarantees the

full and prompt payment and performance when due (at maturity, by acceleration, on
demand or othenvisc) of all principal, interest, payments, rents, monies, debts,
linbilitfes, agreemen1s, duties and other obligations of every type and description of

Debtor 10 First Midwest F,quipment Finanoo Co. ("Credilor''), whelher direct, indirect.
absolute, contingent, due, to become due, secured, unsecured, primary, secondary,
joint, several, join! and several, now exisling or hereafter arising, acquired or owed
under or in respect of the Contrnct, including without Jfmitation under any agreement
or writlng evidencing, securing or othenvise executed in connection with 1he Contract,
and all extensions, renewals, refinancings, amendments, modifications, restatements,
supplements and addenda thereto (the "Obligations").
Guamntor further agrees to pay Creditor, on demand, in immediately available funds:
(a} the amount of each Obligalion not p11itl when due, without requiring that Creditor
first attempt to collect nny Obligations from Debtor or any other obligor therefor (''Co·
obligor") or resort to any security for lhe Obligations ("Collateral"); and (b) all costs
nnd expenses (including court costs, legal fees and expenses} incurred by Creditor in
connection with tlm Obligalions, this Ouarnnly und the enforcement of either, togelher
with interest thereon from the lime any amount becomes due until paid, al 18% per
annum or, if less, the maximum rate pennitted by applicable Jaw. Should Guarantor
die, sell or transfer all or substantially 1111 Guarantor's non-exempt assets, Jiave or seek
lo have a receiver appointed for Guarantor's assets, file or have filed against
Guarantor a petition for relief under the U. S. Bankruplcy Code, or ony successor or
similar state or federal Jaw, all Obligations will be deemed immediately due and
payable and Guarantor's obligalions hereunder will automatically · become
immediately due and payable, ·without demand or notice of any kind. Guarantor's
liability with respect to the Obligations is unlimited and continuing until all
Obligations arc indefeasibly paid in full Guarantor expressly waives any right to
revoke or tenninate this Guaranty. This Guaranty shall continue in effect or be
reinsta.ted if any payment or value received by Creditor is rescinded, set aside,
recovered or relumed for any reason (including wilhout ]imilotion in a banknlploy
proceeding), and !he Obligation shall for the pwposes J\ereof be deemed to hnve
continued in existence notwithstanding application of such payment or value to such
Obligation, nll ns though pa}'menl or value hnd not been made or received. Creditor
mny require paymenls by Guarantor hereunder on one or more occasions.·
Guaf!llllor agrees that the Obligations will be paid and . perfonned strictly in
accord1mce with their respeclive terms regardless of any applicable law, regulalion or
order affecting any of Creditor's rights with respect thereto, and regardless of
enforceability ofnny Obligations againsl Debtor for nny reason, including lack of legal
existence, Jack of authority, as a re~ult of bankruptcy, insolvency or reorganization, or
due lo any defenses of Debtor. Guarantor waives presentment, demand, protest, notice
of acceptance, notice of the creation or exislence of any Obligetlons and all other
notices of any kind, all defenses which may be available by virtue of any valu11tion,
stay, moratorium law or other similar law now or hereafter in effect, any right to
require the marshaling of assets, and nll defenses available lo o. surety, guarnntor or
accommodation co·obligor. Witboul limiting the generality of the foregoing,
Guarantor's obligations hereunder shall not be released, discharged or otherwise
affected by nny act or omission, regardless of whether it may vary Ouarantor's rislc in
any manner or to any extent or othenvise would operate as a release or discharge of
Guarantor, all of which may be done without notice to or the consent o( Guarantor,
including without limitation (i) any waiver, forbearance, or fnilure to assert any claim
or demand or enforce any right or remedy agoinst Debtor, uny Co-obligor or uny
Collateral; (ii) any extensions or renewnls of any Obligation, for nny period of time;
(iii) any rescissiorui, amend men ls or modifications of any terms of any Obligations or
of Collateral; (iv) !he substilUlion or release of Debtor or nny Co-obligor: (v) lho
adequacy of, or failure to obtain, perfect or preservo, any righls in or impairment of or
against, or subs1i1u1ion, exchange, surrender, release, loss or des!ruction of. nny
Collateral or other support for any Obligations~ or (vi} the upplica1ion or failure lo
apply in any particular manner any payments or credils. Guarantor will remain liable
for any deficiency following any foreclosure of (lny Colh1tttral regardless of any
discharge of Pebtor.

Guarantor is giving this Guaranty in good fahh for udequa!e consideration and
reasonably equivalent value, 1md without nny intent to hinder, delay or defraud
Guurantor's credilms. The execution, dclivecy and performance of this Guaronly do
not and will not violate any provision of any indenture, contracl, agreement,
instrument, law, rule, regulation or order to or by which Ouarnntor is a party, subject
or bound.
Guarantor will provide Creditor on request Guarantor's most recent finnncinl
statements and other information, in such form as Creditor reasonably shall require.
Guarani or will do all things and execute all documents as required by Creditor to give
full effect to this Guaranty and lo preserve Creditor's rights and powers hereunder.
Guarantor takes full responsibility for being and keeping informed of Debtor's
financia1 condition and all other circumstances bearing on Guarantor's risk hereunder.
Credilor shall have no duty lo advise Guarantor of infoimation known to it regarding
Debtor or Debtor's financial condition.
Until all Ob1igalions sholl have been satisfied, Guarantor (a) woives all righls of
subroga!ion, contribution, indemnity and reimbursement against Debtor, any Coobligor and any Collateral, and (b) will not demand, sue for or otherwise attempt to
collect any indebtedness of Debtor to Guarantor.
This Guaranty shall be binding on Guarantor, and Guarantor's heirs, representatives,
successors and nssigns, and shall inure to the benefit of Creditor, its successors and
nssigns. Notwithslanding: anything herein, no assignmenl or transfer by Guara11tor will
relieve Guarantor ofany liabl!ities or obligations hereunder.
·
'This Guornnty was docwnented in the Sta1a of llllnois. This Guaranty shall be
governed by, and construed in accordance with, the substantive law of the State of
Illinois (no! including conflict.!1 lnws). Guarantor agrees that any suit to enforce this
Guaranty may be broughl in the federal or state courts sitting in Illinois and consents
to the exclusive jurisdiction of such courts and lo service of process in any such suil
being nrnde on Gunrantor by mail at the address specified herein. Guarantor liercby
waives any objection it may now or hereafter have to the venue of any such suit in any
such court or based on forum non conveniem, GUARANTOR, AFTER
CONSULTING (OR HA VINO HAD AN OPPORTUNITY TO CONSULT) Wl1ll
COUNSEL OF GUARANTOR'S CHOICE, KNOWINGLY AND VOLUNTARILY
WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING
RELATING '1'0 THIS GUARANTY, OR ANY OBLIGATIONS, INCLUDING ANY
LITIGATION REGARDING ENFORCEMENT OF TI,IIS GUARANTY OR ANY
OBLIGATIONS.
This Guaranty constitutes Guarantor's entire agreeme11t relating to the matters herein.
No amendment or waiver of any provision hereof nor consent lo any departure by
Gunranlor therefrom is effective unless in writing, signed by Creditor. No fuilure or
delay on Creditor's prut lo exercise any right hereunder shall opcrale as a waiver
thereof, nor shall any single or partinl exercise of any right hereunder preclude any
other or further exercise thereof or the exercise of any olhar right. All of Creditor's
righls and remedies are cumulalive and not exclusive of nny other remedies at law or
by any other agreement. This Guamnly is in uddition to, not in replacement of or
substilution for, any other guaranty of 1he Obligations or nny other guamnty of
OuarRntor held by Creditor. The invalidity or unenforceabflity of any provfsfons
Itere of wlll not affeel tho validity or enforceability of any other provisions. If more
than one Guarantor has signed this Ouaranly, each Guarantor shall be jointly and
severally linblo hereunder. Fax doliw1ry of this Guaranty or any other agreement shall
cons!itute due delivery; and the lelecopied counterpart thereof shall be fully admissible
in any court or other proceeding as an original. Wi1hout limillng or modifying the
foregoing, Guarantor will deliver lo Creditor, promptly on request, the originally
executed counterpart of this Guaranty or an}' other agreement.
Guarantor acknowledges, authorizes and consents to Creditor and its agents obtaining
consumer credit reports and other financial and credit information, and making other
credit inquiries aboul Guarantor, both in connection with Debtor's application and
from time to time hereafter.

First Midwest Equipment Finance Co. v. KA Leasing Group, LLC, et al.
AFFIDAVIT OF SUSAN M. RUSCH

EXHIBIT "C"

[111~1

CJ Expand All
Type
'i{i

... . ;;::::::=-i::,~::::=:l_i;~~:~;:~~- ;-'.":-i~~·f:,=~:'.~;~::i:·f;t{:f:~!~:: ;f _i:1=~t::1;;r;1~r~------l~1~f~~=
Invoice/Check•

•

e,a ...

Due Date/Effective

Account Name

Amount

Amount Due

!

Status

: Details

6i!! To Address-

=

Private Label

Invoice Date

•

=

Invoice

96220

05/01/2017

Forest Energies LLC

$5,484.88

$5,48;4.SS 70020-001

Invoiced

PO Box 531355, SirmingJ

04/13/2017

Invoice

89302

04/01/2017

Forest Energies LLC

$5,464.88

$-5,484.88 70020-001

Invoiced

PO Box 531365, Birmingt

03/08/2017

Invoi:::e

84949

03/01/2017

Forest Energies U.C

$5,484.88

$.S,484.88 70020·001

Invoiced

PO Box 531365, Birmingf

02/10/2017

Invoice

80430

02/01/2017

Forest Energies LLC

$5,484.88

$5,484.88 70020-001

Invoiced

PO Box 531355, Sirmingt

01/05/2017

Invoice

83110

01/18/2017

Forest Energies U.C

$274.24

$274.24 70020-001

Invoiced

PO Box: 531365, Birmingr

02/03/2017

Invoice

76556

01/01/2017

Forest Energies LLC

$5,484.88

$5,484.88 70020-001

Invoiced

PO Box 531365, Birmingt

12/12/2016

:£

Invoi::e

72328

12/01/2015

Forest Energies U.C

$5,484.88

$5,484.88. 70020,•001

Invoiced

PO Box 531365, Birmingt

11/01/2016

8:
~.

Invoice

59238

U./01/2016

Forest Energies LLC

$5~.ss

$0.00 70020-001

Invoiced

PO Box 531365, Birmingt

10/05/2016

Invoice

51813

10/01/2016

Forest Energies LLC

$5,484.88

$0.00 70020-·001

Invoiced

PO Box 531355;Birmingt

09/01/2016

:£

Invoice

57155

09/01/2015

Forest Energies LLC

$5,484.88

$0.00 70020-001

Invoiced

PO Box 531365, Birmingt

08/03/2016.

:t

Invoice

s2on

08/01/2016

Forest Energies LLC

$5,484.88

$0.00 70020'·001

Invoiced

PO 6ox 531365, SirmingJ

07/05/2016

'f

Invoice

45762

07/01/2016

Forest Energies Ll.C

$5,484.88

$0.00 70020-001

Im•oiceil

PO Box 531365, Birmingt

06/07/2016

(£

Invoice

42092

06/01/2016

Forest Energies LLC

$5,484.88

$0.00 70020-001

Invoiced

PO B:>x 5313.65, Birmingt

04/30/2016

i±:

Invoice

34090

05/01/2015

Forest Energies Ll.C

$5,484.88

$0.00 70020-001

Invoiced

PO Box 531355, Sirming~

03/25/2016

rf

Invoice

29422

04/01/2016

forest Energies LLC

$5,484.88

$0.00 70020-001

Invoiced

PO Box 531365, Birmingt

03/01/2016

(£

Invoice

11745

03/01/2016

Forest Energies LLC

$5,484.88

$0.00 70020-001

Invoiced

PO Box 531355; Birmingt

01/01/2016

8::

Invoice

11744

02/0l/2016

forest Energies LLC

$5,484.88

$0.00 70020-001

Invoiced

PO Box: 531365, BirmingJ

01/01/2016

:£

Invoice

10471

01/01/2016

Forest Energies LLC

$5,484.88

$0.00 70020-001

Invoiced

PO Box 531355, Birming~

12/01/2015

First Midwest Equipment Finance Co. v. Lenn Morris and Ricky Freeman
PLAINTIFF'S MOTION FOR ENTRY OF JUDGMENT BY DEFAULT

EXHIBIT "C"

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
First Midwest Equipment Finance Co.,

)

v.

Lenn Morris and Ricky Freeman,
Defendants.

No. 17-cv-02121

)
)

Plaintiff,

)
)

Honorable Gary Feinerman

)
)
)
)

AFFIDAVIT OF ALEXANDER WRIGHT
The undersigned being first duly sworn on oath states the following:
1.
I am one of the attorneys of record for First Midwest Equipment Finance Co., Plaintiff
in this matter and I have been licensed to practice law in the state of Illinois since 2013. I have
knowledge and experience handling like matters.
2.
Attached is a 1-page fee sheet detailing the services performed in conjunction with the
above-captioned matter. The detailed sheet was produced from my firm's billing system called TABS.
TABS is reliable, accurate and widely used in the legal community to keep and maintain billing records.
3.
The attached statement indicates the costs and se1vices performed and the amount of
time spent in handling this matter. Additional time will be spent in traveling to and from Court and
presenting this case to Court for Judgment. The hourly rate charged by our firm is $275.00 which is
within the range of fees customarily charged by firms in this area handling Wee matters. The attached
sheet shows that a total of 11.15 hours of work were performed on this matter, for a total of $3,066.25
in fees. Additionally, costs of $2,422.27 were generated. Plaintiff seeks Court approval for an award of
attorney's fees and costs in the amount of $5,488.52.
4.
Under penalties provided by law pursuant to Section 1-109 of the Illinois Code of
Civil Procedure, the undersigned certifies that the statements set forth in this instrument are Uue
and correct.
Respectfully submitted,

Ashen IFaulkner
217 N. Jefferson St., Suite 601
Chicago, Illinois 60661
312.655.0800
[e-mail]
Atty No.: 6314304

IS/Alexander Wright
Alexander N. Wright
Attorney for First Midwest
Equipment Finance Co.

Date: 06/2112017

Detail Transaction File List
Law Offices of Deborah S. Ashen, Ltd.
Trans
Date

Client

H Tcode/
Tmkr P Task Code

Rate

Hours
to Bill

275.00

0.75

Page: 1

Amount

Ref#

Client ID 323.0009 First Midwest Bancorp.

323.0009

11/30/2016

5 A

206.25 Review new file. Pull BK information and review status

323.0009
323.0009

12/02/2016
12/06/2016

5 A
1 A

275.00
275.00

0.75
0.50

206.25
137.50

323.0009

12/13/2016

1 A

275.00

0.25

68.75

323.0009

12/21/2016

1 A

275.00

0.25

68.75

323.0009

01/05/2017

1 A

275.00

0.50

137.50

323.0009

01/15/2017

5 A

275.00

0.25

68.75

323.0009

01/18/2017

A

275.00

0.25

68.75

323.0009
323.0009

01/19/2017
02/14/2017

1 A
5 A

70
1

1.150
275.00

0.25

1.15
68.75

323.0009

02/21/2017

A

70

323.0009

02/22/2017

5 A

275.00

0.75

206.25

323.0009
323.0009

03/12/2017
03/17/2017

5 A
5 A

275.00
275.00

0.75
1.00

206.25
275.00

323.0009

03/17/2017

1 A

275.00

0.25

68.75

323.0009

03/17/2017

A

323.0009

03/20/2017

A

323.0009
323.0009
323.0009
323.0009

03/20/2017
03/20/2017
03/20/2017
04/18/2017

A
A
A
A

323.0009

04/19/2017

5 A

323.0009
323.0009
323.0009

04/21/2017
04/21/2017
05/04/2017

1 A
1 A
5 A

70
70
1

323.0009
323.0009

05/19/2017
06/14/2017

1 A
5 p

70
1

323.0009

06/19/2017

323.0009

06/21/2017

1,381.00

70

400.00
275.00

70
70
70
70

0.25

1.40
110.00
0.46
522.50

55.000
0.460
275.00

68.75

1.00

275.00

0.250
0.670
275.00

1.25

3.50
1.34
343.75

0.460
275.00

0.25

0.92
68.75

5 p

275.00

1.10

302.50

5 p

275.00

0.80

220.00

of BK. Follow up with client for additional direction.
Prepare and file Proof of Claim and Request for Notice.
Exchange correspondence w/client in re returned
payments. Review BK docket to confirm DIP Order was
entered. Telephone conference with Debtor atty in re
APP payments. Follow up correspondence to client
advising of status.
F/u correspondence w/client in re payments. No post
petition payments received. Correspondence to Debtor
atty in re the same.
Per client still no APP payments. Exchange
correspondence w/local counsel in AL. Forward
documents to AL counsel to move forward w/Motion to
Modify.
Exchange correspondence w/local counsel and client in
re moving forward w/Motion to modify. Request
additional docs from client in order to proceed.
Review additional BK documents as received from BK
Court. Flu correspondence w/local counsel in re status
of Motion to Modify
Receipt and review affidavit in support of Motion to
Modify from CC. Forward to client to execute.
postage
Attempt to contact Debtor's BK counsel, C Taylor
Corckett in Re turnover of collateral, pursuant order for
relief from stay. Leave vim and follow up w./e-mail.
Local Counsel Fees (flat fee $1200) and Costs ($181.00for motion relief for stay
Issued demands to PGs per Bank's request. Will pursue
PGs if no response to demands.
Draft Complaint against PGs.
Finalize and file Complaint against PGs. Review file for
best place for seivice.
Exchange correspondence w/client in re recovery of
equip. Equip location still not located. Exchange
correspondence wllocal counsel to attend meeting of
Creditors on 3/20/17 to compel Debtor to disclose
location of the equipment.
Filing fee for suit against Lenn Morris and Ricky
Freeman
Memo to client in re location of the equipment and
contact information to arrange recovery of the same
discovered at the Creditors Meeting of Debtor.

ECF
Process Service
postage
Court appearance fee for local counsel, 341 meeting to
determine location of equipment.
Defendants are in default. Prepare Motion for Order of
Default.
copies
postage
Appeared in federal court for Motion for Entry of Default.
Motion granted and status dates were stricken.
postage- Phillips Firm Invoice #8 and #1028
Confirm that Bank was able to recover collateral..
Request updated information for prove~up.
Pull Military records from database for Rule 55 Motion.
Draft Bank affidavit, awaiting payoff info from client.
Draft Rule 55 Motion. Draft NOM. Review docket, no
appearances filed.
Complete and file Rule 55(b) Motion. Draft NOM.
Motion to be sent via FedEx per Court Order.

ARCH
ARCH
ARCH

ARCH

ARCH

ARCH

ARCH

ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH

ARCH
ARCH

ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
ARCH
17
18

19

Total for.Client ID 323.0009

AW

--·--··----

---··--·---

· · · - - · - - - · · - - - - - - · - - - · - - - Wednesday 06/21/2017 9:33

am