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Home Court filings USA v. Lorquet United States v. Andre Lorquet — S.D. Fla., No. 1:22-cr-20326-KMM Exhibit 1 — USA v. Lorquet (Dkt. 29.1)

Court filing

Exhibit 1 — USA v. Lorquet (Dkt. 29.1)

Summary

Exhibit 1, Document 29-1 in Case 1:22-cr-20326-KMM, entered on the Southern District of Florida docket on 01/02/2023, is a 20-page set of Paycheck Protection Program loan papers for AJI Clark Bathtub Refinishing of Homestead, FL. It opens with an email of June 27, 2020 from Gabriel Clark forwarding a Bluevine PPP DocuSign notice that the documents had been completed. The SBA Form 2483 borrower application, signed by Gabriel Clark as owner on 6/27/2020, lists average monthly payroll of $79596.00, 49 employees and a loan request of $198990.00, with payroll as the purpose. The SBA Form 1050 settlement sheet and the Note name Cross River Bank as lender; the Note, dated 6/27/2020, is for 198990.00 at a fixed rate of 1.00% per annum. The set also holds a resolution to borrow, the bank's privacy notice and an authorization to release information.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Filed January 2, 2023 in USA v. Lorquet; one of 181 filings from this case.

Record facts

CourtU.S. District Court for the Southern District of Florida
Filed2023-01-02

Cite this document

“Exhibit 1 — USA v. Lorquet (Dkt. 29.1).” U.S. District Court for the Southern District of Florida, No. 1:22-cr-20326-KMM, Doc. 29-1, filed 2023-01-02. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-andre-lorquet-flsd-616975/2023-01-02-gov-uscourts-flsd-616975-29-1-doc-29-1/, SHA-256 d1c872b5679c54e40c97c7571cd2c68e2b47685dbdbc8b9907c6cfd3ed0cd9bf.

Search CourtListener for this docket number

Full text

Text recognized from a scanned document; may contain errors. Pages 16 and 17 of 20 are not shown because the text could not be recognized reliably.

Case 1:22-cr-20326-KMM Document 29-1 Entered on FLSD Docket 01/02/2023 Page 1 of 20

Fwd: Completed: Please DocuSign: Paycheck-Protection-Program-
Application-3-30-2020-v3-addlowners.pdf, Form 1050...

From: Gabriel Clark <ajiclarkbathtub@gmail.com>
To: miamientllc@gmail.com
Date: Sat, 27 Jun 2020 21:50:55 -0400

Attachments: paycheck-protection-program-application.pdf (383.56 kB); form-1050-settlement-sheet. pdf (395.01 kB);
borrower_resolution.pdf (266.36 kB); loan-note.pdf (229.83 kB); glba-privacy-notice.pdf (217.67 kB)

-----—---- Forwarded message ---------

From: Bluevine PPP via DocuSign <dse_NA3@docusign.net>

Date: Sat, Jun 27, 2020 at 9:44 PM

Subject: Completed: Please DocuSign: Paycheck-Protection-Program-Application-3-30-2020-v3-addlowners.pdf, Form
To: Gabriel Clark <ajiclarkbathtub@gmail.com>

Your document has been completed

VIEW COMPLETED DOCUMENTS

Biuevine PPP
no-reply-ppp@biuevine.com

GSW-000436904
Case 1:22-cr-20326-KMM Document 29-1 Entered on FLSD Docket 01/02/2023 Page 2 of 20

All parties have completed Please DocuSign: Paycheck-Protection-Program-Application-
3-30-2020-v3-addlowners.pdf, Form 1050...

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GSW-000436905
DocuSign EqugoPe RAAF ES BURMA SGctihnéim- 29-1 Entered on FLSD Docket 01/02/2023 Page 3 of 20

ba st Paycheck Protection Program OMB Control No.: 3245-0407
na Borrower Application Form Revised June 2020 Expiration Date: 10/31/2020
Check One: Qi Sole proprietor O Partnership O C-Corp 0 S-Corp CXLLC DBA or Tradename if Applicable

QO Independent contractor O Eligible self-employed individual
0) 501(c)(3) nonprofit O 501(c)(19) veterans organization
QO) Tribal business (sec. 31(b)(2)(C) of Small Business Act) O Other

a Business Legal Name
AJl Clark Bathtub Refinishing

Business Address

Business TIN (EIN, SSN)
12831 Southwest 248th Terrace a 543 £867029733

Homestead FL 33032

Gabriel Clark ajiclarkbathtub@gmail.com

Average Monthly Payroll: | $ 79596.00 x 2.5 + EIDL, Net of $ 198990.00 Number of Employees:| 49
Advance (if Applicable)
Equals Lc

Purpose of the loan
(select more than one): [x|Payroll [Lease / Mortgage Interest [Utilities [_]Other (explain):

Applicant Ownership
List all owners of 20% or more of the equity of the Applicant. Attach a separate sheet if necessary.

Gabriel Clark Owner 100.00 898462574 12831 Southwest 248th Terrace Homestead FL

22999.

If questions (1) or (2) below are answered “Yes,” the loan will not be approved.

Question Yes | No

1. Is the Applicant or any owner of the Applicant presently suspended, debarred, proposed for debarment, declared ineligible,
voluntarily excluded from participation in this transaction by any Federal department or agency, or presently involved in any |
bankruptcy?

2. Has the Applicant, any owner of the Applicant, or any business owned or controlled by any of them, ever obtained a direct or LJ
guaranteed loan from SBA or any other Federal agency that is currently delinquent or has defaulted in the last 7 years and
caused a loss to the government?

3. Is the Applicant or any owner of the Applicant an owner of any other business, or have common management with any other
business? If yes, list all such businesses and describe the relationship on a separate sheet identified as addendumA.
4. Has the Applicant received an SBA Economic Injury Disaster Loan between January 31, 2020 and April 3, 2020? If yes, O

provide details on a separate sheet identified as addendum B.

If questions (5) or (6) are answered “Yes,” the loan will not be approved.

LL Question

5. Is the Applicant (if an individual) or any individual owning 20% or more of the equity of the Applicant Oo
subject to an indictment, criminal information, arraignment, or other means by which formal criminal charges
are brought in any jurisdiction, or presently incarcerate oF pobatin or parole?

Initial here to confirm your response to question 5

6. Within the last 5 years, for any felony, has the Applicant (if an individual) or any owner of the Applicant 1)
been convicted; 2) pleaded guilty; 3) pleaded nolo contendere; or 4) been placed on any form of parole or C]
probation (including probation before judgment)? Can a

Initial here to confirm your response to question 6

7. Is the United States the principal place of residence for all employees of the Applicant included in the C]
Applicant’s payroll calculation above?
8. Is the Applicant a franchise that is listed in the SBA’s Franchise Directory? |

1
SBA Form 2483 (06/20) GSW-000436906
DocuSign Eavalope. DD e42eF ER BARE SOE 20-1 Entered on FLSD Docket 01/02/2023 Page 4 of 20

ga Ao Paycheck Protection Program
Borrower Application Form Revised June 2020

By Signing Below, You Make the Following Representations, Authorizations, and Certifications

CERTIFICATIONS AND AUTHORIZATIONS

I certify that:
e —_ Thave read the statements included in this form, including the Statements Required by Law and Executive Orders, and I understand them.

e The Applicant is eligible to receive a loan under the rules in effect at the time this application is submitted that have been issued by the
Small Business Administration (SBA) implementing the Paycheck Protection Program under Division A, Title I of the Coronavirus Aid,
Relief, and Economic Security Act (CARES Act) (the Paycheck Protection Program Rule).

e The Applicant (1) is an independent contractor, eligible self-employed individual, or sole proprietor or (2) employs no more than the
greater of 500 or employees or, if applicable, the size standard in number of employees established by the SBA in 13 C.F.R. 121.201 for
the Applicant’s industry.

I will comply, whenever applicable, with the civil rights and other limitations in this form.

e All SBA loan proceeds will be used only for business-related purposes as specified in the loan application and consistent with the Paycheck

Protection Program Rule.
To the extent feasible, I will purchase only American-made equipment and products.
The Applicant is not engaged in any activity that is illegal under federal, state or local law.

Any loan received by the Applicant under Section 7(b)(2) of the Small Business Act between January 31, 2020 and April 3, 2020 was for
a purpose other than paying payroll costs and other allowable uses loans under the Paycheck Protection Program Rule.

For Applicants who are individuals: I authorize the SBA to request criminal record information about me from criminal justice agencies for the
purpose of determining my eligibility for programs authorized by the Small Business Act, as amended.

CERTIFICATIONS
The authorized representative of the Applicant must certify in good faith to all of the below by initialing next to each one:

on C The Applicant was in operation on February 15, 2020 and had employees for whom it paid salaries and payroll taxes or paid independent
contractors, as reported on Form(s) 1099-MISC.

[ Ce C Current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.

| a C The funds will be used to retain workers and maintain payroll or make mortgage interest payments, lease payments, and utility payments,
as specified under the Paycheck Protection Program Rule; I understand that if the funds are knowingly used for unauthorized purposes,
the federal government may hold me legally liable, such as for charges of fraud.

C The Applicant will provide to the Lender documentation verifying the number of full-time equivalent employees on the Applicant’s payroll
as well as the dollar amounts of payroll costs, covered mortgage interest payments, covered rent payments, and covered utilities for the
24-week period following this loan.

C T understand that loan forgiveness will be provided for the sum of documented payroll costs, covered mortgage interest payments, covered
rent payments, and covered utilities, and not more than 40% of the forgiven amount may be for non-payroll costs.

| CAC During the period beginning on February 15, 2020 and ending on December 31, 2020, the Applicant has not and will not receive another
loan under the Paycheck Protection Program.

[ac I further certify that the information provided in this application and the information provided in all supporting documents and forms is
true and accurate in all material respects. I understand that knowingly making a false statement to obtain a guaranteed loan from SBA is
punishable under the law, including under 18 USC 1001 and 3571 by imprisonment of not more than five years and/or a fine of up to
$250,000; under 15 USC 645 by imprisonment of not more than two years and/or a fine of not more than $5,000; and, if submitted to a
federally insured institution, under 18 USC 1014 by imprisonment of not more than thirty years and/or a fine of not more than $1,000,000.

a C I acknowledge that the lender will confirm the eligible loan amount using required documents submitted. I understand, acknowledge and
agree that the Lender can share any tax information that I have provided with SBA’s authorized representatives, including authorized
representatives of the SBA Office of Inspector General, for the purpose of compliance with SBA Loan Program Requirements and all SBA

(GS C Eowfc 6/27/2020

Signature ‘of Authorized Representative of Applicant Date
Gabriel Clark Owner
Print Name Title

2

SBA Form 2483 (06/20) GSW-000436907
DocuSign Eavalope. Deze ER BARE SOE 20-1 Entered on FLSD Docket 01/02/2023 Page 5 of 20

alge Paycheck Protection Program
aes Borrower Application Form Revised June 2020

Purpose of this form:

This form is to be completed by the authorized representative of the Applicant and submitted to your SBA Participating Lender. Submission of the
requested information is required to make a determination regarding eligibility for financial assistance. Failure to submit the information would affect
that determination.

Instructions for completing this form:

With respect to “purpose of the loan,” payroll costs consist of compensation to employees (whose principal place of residence is the United States) in
the form of salary, wages, commissions, or similar compensation; cash tips or the equivalent (based on employer records of past tips or, in the absence
of such records, a reasonable, good-faith employer estimate of such tips); payment for vacation, parental, family, medical, or sick leave; allowance for
separation or dismissal; payment for the provision of employee benefits consisting of group health care coverage, including insurance premiums, and
retirement; payment of state and local taxes assessed on compensation of employees; and for an independent contractor or sole proprietor, wage,
commissions, income, or net earnings from self-employment or similar compensation.

For purposes of calculating “Average Monthly Payroll,” most Applicants will use the average monthly payroll for 2019, excluding costs over $100,000
on an annualized basis for each employee. For seasonal businesses, the Applicant may elect to instead use average monthly payroll for the time period
between February 15, 2019 and June 30, 2019 or any 12-week period between May 1, 2019 and September 15, 2019, excluding costs over $100,000
on an annualized basis for each employee. For new businesses, average monthly payroll may be calculated using the time period from January 1, 2020
to February 29, 2020, excluding costs over $100,000 on an annualized basis for each employee.

If Applicant is refinancing an Economic Injury Disaster Loan (EIDL): Add the outstanding amount of an EIDL made between January 31, 2020 and
April 3, 2020, less the amount of any “advance” under an EIDL COVID-19 loan, to Loan Request as indicated on the form.

All parties listed below are considered owners of the Applicant as defined in 13 CFR § 120.10, as well as “principals”:

@ For a sole proprietorship, the sole proprietor;

© For a partnership, all general partners, and all limited partners owning 20% or more of the equity of the firm;
e For a corporation, all owners of 20% or more of the corporation;

@ For limited liability companies, all members owning 20% or more of the company; and

@ Any Trustor (if the Applicant is owned by a trust).

Paperwork Reduction Act — You are not required to respond to this collection of information unless it displays a currently valid OMB Control
Number. The estimated time for completing this application, including gathering data needed, is 8 minutes. Comments about this time or the information
requested should be sent to: Small Business Administration, Director, Records Management Division, 409 3rd St., SW, Washington DC 20416, and/or
SBA Desk Officer, Office of Management and Budget, New Executive Office Building, Washington DC 20503. PLEASE DO NOT SEND FORMS
TO THESE ADDRESSES.

Privacy Act (5 U.S.C. 552a) — Under the provisions of the Privacy Act, you are not required to provide your social security number. Failure to provide
your social security number may not affect any right, benefit or privilege to which you are entitled. (But see Debt Collection Notice regarding taxpayer
identification number below.) Disclosures of name and other personal identifiers are required to provide SBA with sufficient information to make a
character determination. When evaluating character, SBA considers the person’s integrity, candor, and disposition toward criminal actions.
Additionally, SBA is specifically authorized to verify your criminal history, or lack thereof, pursuant to section 7(a)(1)(B), 15 USC Section 636(a)(1)(B)
of the Small Business Act (the Act).

Disclosure of Information — Requests for information about another party may be denied unless SBA has the written permission of the individual to
release the information to the requestor or unless the information is subject to disclosure under the Freedom of Information Act. The Privacy Act
authorizes SBA to make certain “routine uses” of information protected by that Act. One such routine use is the disclosure of information maintained
in SBA’s system of records when this information indicates a violation or potential violation of law, whether civil, criminal, or administrative in nature.
Specifically, SBA may refer the information to the appropriate agency, whether Federal, State, local or foreign, charged with responsibility for, or
otherwise involved in investigation, prosecution, enforcement or prevention of such violations. Another routine use is disclosure to other Federal
agencies conducting background checks but only to the extent the information is relevant to the requesting agencies' function. See, 74 F.R. 14890
(2009), and as amended from time to time for additional background and other routine uses. In addition, the CARES Act, requires SBA to register
every loan made under the Paycheck Protection Act using the Taxpayer Identification Number (TIN) assigned to the borrower.

Debt Collection Act of 1982, Deficit Reduction Act of 1984 (31 U.S.C. 3701 et seq. and other titles) — SBA must obtain your taxpayer identification
number when you apply for a loan. If you receive a loan, and do not make payments as they come due, SBA may: (1) report the status of your loan(s)
to credit bureaus, (2) hire a collection agency to collect your loan, (3) offset your income tax refund or other amounts due to you from the Federal
Government, (4) suspend or debar you or your company from doing business with the Federal Government, (5) refer your loan to the Department of
Justice, or (6) foreclose on collateral or take other action permitted in the loan instruments.

SBA Form 2483 (06/20) GSW-000436908
DocuSign Envelope. Deze ER BRR KARE HSGeteit 20-1 Entered on FLSD Docket 01/02/2023 Page 6 of 20

alge Paycheck Protection Program
aes Borrower Application Form Revised June 2020

Right to Financial Privacy Act of 1978 (12 U.S.C. 3401) — The Right to Financial Privacy Act of 1978, grants SBA access rights to financial records
held by financial institutions that are or have been doing business with you or your business including any financial institutions participating in a loan
or loan guaranty. SBA is only required provide a certificate of its compliance with the Act to a financial institution in connection with its first request
for access to your financial records. SBA's access rights continue for the term of any approved loan guaranty agreement. SBA is also authorized to
transfer to another Government authority any financial records concerning an approved loan or loan guarantee, as necessary to process, service or
foreclose on a loan guaranty or collect on a defaulted loan guaranty.

Freedom of Information Act (5 U.S.C. 552) — Subject to certain exceptions, SBA must supply information reflected in agency files and records to a
person requesting it. Information about approved loans that will be automatically released includes, among other things, statistics on our loan programs
(individual borrowers are not identified in the statistics) and other information such as the names of the borrowers (and their officers, directors,
stockholders or partners), the collateral pledged to secure the loan, the amount of the loan, its purpose in general terms and the maturity. Proprietary
data on a borrower would not routinely be made available to third parties. All requests under this Act are to be addressed to the nearest SBA office and
be identified as a Freedom of Information request.

Occupational Safety and Health Act (15 U.S.C. 651 et seq.) — The Occupational Safety and Health Administration (OSHA) can require businesses
to modify facilities and procedures to protect employees. Businesses that do not comply may be fined, forced to cease operations, or prevented from
starting operations. Signing this form is certification that the applicant, to the best of its knowledge, is in compliance with the applicable OSHA
requirements, and will remain in compliance during the life of the loan.

Civil Rights (13 C.F.R. 112, 113, 117) — All businesses receiving SBA financial assistance must agree not to discriminate in any business practice,
including employment practices and services to the public on the basis of categories cited in 13 C.F.R., Parts 112, 113, and 117 of SBA Regulations.
All borrowers must display the "Equal Employment Opportunity Poster" prescribed by SBA.

Equal Credit Opportunity Act (15 U.S.C. 1691) — Creditors are prohibited from discriminating against credit applicants on the basis of race, color,
religion, national origin, sex, marital status or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the
applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer
Credit Protection Act.

Debarment and Suspension Executive Order 12549; (2 CFR Part 180 and Part 2700) — By submitting this loan application, you certify that neither
the Applicant or any owner of the Applicant have within the past three years been: (a) debarred, suspended, declared ineligible or voluntarily excluded
from participation in a transaction by any Federal Agency; (b) formally proposed for debarment, with a final determination still pending; (c) indicted,
convicted, or had a civil judgment rendered against you for any of the offenses listed in the regulations or (d) delinquent on any amounts owed to the
U.S. Government or its instrumentalities as of the date of execution of this certification.

SBA Form 2483 (06/20) GSW-000436909
DocuSign Eavalope. Deze ER BARE Get o0-1 Entered on FLSD Docket 01/02/2023 Page 7 of 20

OMB Approval No.: 3245-0200
Expiration Date: 04/30/2022

SBA FORM 1050, SETTLEMENT SHEET

Purpose: The purpose of this form is to document and verify that loan proceeds have been disbursed in
accordance with the Authorization and to document that the Borrower’s contribution has been injected into
the business prior to the Lender disbursing any loan proceeds.

General Instructions: This form may be used for all 7(a) loans and for all disbursements. It must be used for the
first disbursement on all standard 7(a) loans over $350,000.

This form is to be completed by the Lender and signed by the Lender and the Borrower at the time of the initial
loan disbursement. The Lender must retain a copy of the signed form in its loan file. For all disbursements, the
Lender must also retain documentation that is acceptable to SBA (such as joint payee checks, cancelled
checks, paid receipts or invoices, wire transfer account records, etc.) and that evidences compliance with the
Use of Proceeds section of the Authorization.

The Lender must submit the completed form and all supporting documentation to SBA upon request, or, in the
event of a loan default, with the Lender’s request for guaranty purchase.

Providing this information is required to comply with program requirements; failure to provide it when
required may impair the Lender’s ability to collect on the SBA loan guaranty.

If additional space is required to complete the form or provide additional details please attach a separate
sheet.

Specific Instructions for Completing the Form:

1) Inthe first section, fill in all identifying information. For “Loan Type,” check the box to indicate whether
the loan is a term loan or a revolving line of credit.

2) Complete the “Use of Proceeds” section with information related to the initial disbursement.
a) On the line associated with each applicable use of proceeds, indicate:

i) The name of the payee (must identify the ultimate recipient, not an intermediary such as a title
company);

ii) Amount disbursed; and
iii) Remaining amount to be disbursed, in accordance with theAuthorization.

b) For the “Settlement charges/out of pocket costs” line, insert total amount of settlement charges and
other out of pocket costs in the appropriate field within the grid. Attach an itemized list of all charges
and costs, including the name of payee and amount paid for each charge or cost. Reminder: SBA
Form 159 is required for all fees paid or to be paid by the Lender (except Lender Service Provider fees)
and for all fees paid or to be paid by the Applicant to any agent in connection with the SBA loan
application.)

c) For “Other (Explain),” enter any other use of proceeds authorized in the Authorization that is not
already listed in the grid, ifapplicable.

3) Complete the “Borrower’s Injection” section.
a) For each type of injection, indicate the source.

b) Ifthe Seller contributed toward required equity, attach a copy of the Note and evidence of
full standby for the life of the loan.

c) Note: The Borrower’s Injection must be in the business bank account prior to any
disbursement of loan proceeds.

4) The Lender and the Borrower must review the certification and execute the form in the space provided.

SBA Form 1050 (04-19) Previous Editions Obsolete Page 1 of 2

GSW-000436910
DocuSign Eavalope. DD eA2eF ER BARE SOE 20-1 Entered on FLSD Docket 01/02/2023 Page 8 of 20

U.S. Small Business
Settlement Sheet

OMB APPROVAL NO.: 3245-0200
EXPIRATION DATE: 04/30/2022

SBA Loan Number 5311208002 Lender Name Cross River Bank Lender FIRS Number 7981735
SBALoan Name AJI Clark Bathtub Refinishing Note Amount 498990.00
Loan Type: [ xterm Loan | juine of Credit Disbursement Type: | |rirst Disbursement | [subsequent Disbursement x [Full Disbursement
Authorized Use of Proceeds: Name of Payee: Amount Disbursed: wiRemaining.
Land Acquisition: [| Raw [| Improved $ - $ -
Construction: New Expansion/Renovation $ - $ -
Leasehold Improvements to property owned by others $ - $ -
Machinery & Equipment $ - $ -
Furniture & Fixtures $ - $ -
Inventory Purchase $ - $ :
Working Capital AJl Clark Bathtub Refinishing g 198990.00 - |¢§ -
Acquire Business (Change of Ownership) $ - $ -
SBA Guarantee Fee $ - $ :
Settlement Charges/Out of Pocket Costs $ : $ :
Other (Explain): $ - $ -
Total:| $ 198990.00 . |g .
Borrower's Injection (including any deposit or earnest money):
Cash Source: $ :
Assets Source: $ :
Seller contribution toward required equity (on full standby for life of loan) $ -
Other (Explain): $ :
Total Borrower Injection:| $ ) :

At the time of completion of this form, the Lender and the Borrower certify that:

1. The loan proceeds were disbursed and received and will be used in accordance with the Use of Proceeds section of the Authorization, including any and
all SBA/Lender approved modifications, and that all required equity or Borrower injections have been made in accordance with the Authorization and any
approved modifications; and

2. There has been no unremedied adverse change in the Borrower's or Operating Company’s financial condition, organization, management, operations or assets
since the date of application that would warrant withholding or not making this disbursement or any further disbursement.

At the time of each subsequent disbursement on this loan, the Lender, by disbursing the loan proceeds, and the Borrower by receiving them, are deemed to
certify that the above certifications are true with respect to each and every disbursement made.

WARNING: By signing below you are certifying that the above statements are accurate to the best of your knowledge. Submitting false information to the Govemment
may result in criminal prosecution and fines up to $250,000 and/or imprisonment for up to 5 years under 18 USC § 1001. Submitting false statements to a Federally
insured institution may result in fines up to $1,000,000 and/or imprisonment for up to 30 years under 18 USC § 1014, penalties under 15 USC § 645, and/or civil fraud
liability.

Authorized Lender Official DocuSigned by: Borrower
Signature: Signature: TSZCURUMIGUSTGE—
Gabriel Clark
Print Name: Print Name:
Owner
Title: Title:
6/27/2020
Date: Date: / /

SBA Form 1050 (04-19) Previous Editions Obsolete Page 2 of 2

NOTE: According to the Paperwork Reduction Act, you are not required to respond to this collection of information unless it
displays a currently valid OMB Control Number. The estimated burden for completing this form, including time for reviewing
instructions, and gathering data needed, is 30 minutes. Comments or questions on the burden estimates or other aspects of this
information collection should be sent to U.S. Small Business Administration, Director, RMD, 409 3rd St., SW, Washington DC
20416 and/or SBA Desk Officer, Office of Management and Budget, New Executive Office Building, Rm. 10202, Washington
DC 20503. PLEASE DO NOT SEND THE COMPLETED FORMS TO THESE ADDRESSES.

GSW-000436911
DocuSign Ea ear DAF KARP HS GetMeMneES0-1 Entered on FLSD Docket 01/02/2023 Page 9 of 20
RESOLUTION TO BORROW

References in the boxes above are for Lender’s use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing “***” has been omitted due to text length limitations.

Borrower:

AJI Clark Bathtub Refinishing
Lender: Cross River Bank
12831 Southwest 248th Terrace 400 Kelby Street,

Homestead—FL—3 3032 14% Floor
Fort Lee, NJ 07024

LTHE UNDERSIGNED, DO HEREBY CERTIFY THAT:

THE BORROWER ‘S EXISTENCE. The complete and correct name of the borrower is AJI Clark Bathtyb, Ree Disb ig ower is a duly
formed entity which is, and at all times shall be, duly organized, validly existing, and in good standing under and by virtue of the laws of the State
of its organization. The Borrower is duly authorized to transact business in all other states in which the Borrower is doing business, having obtained
all necessary filings, governmental licenses and approvals for each state in which the Borrower is doing business. Specifically, the Borrower is,
and at all times shall be, duly qualified as a foreign entity in all states in which the failure to so qualify would have a material adverse effect on
its business or financial condition. The Borrower has the full power and authority to own its properties and to transact the business in which it is
presently engaged or presently proposes to engage. The Borrower maintains an office at the address set forth above. Unless the Borrower has
designated otherwise in writing, the principal office is the office at which the Borrower keeps its books and records. The Borrower will notify Lender
prior to any change in the location of the Borrower's state of organization or any change in the Borrower's name. The Borrower shall do ail things
necessary to preserve and to keep in full force and effect its existence, rights and privileges, and shall comply with all regulations, rules, ordinances,
statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to the Borrower and the Borrower's business

activities.
RESOLUTIONS ADOPTED. At a meeting of the directors or members of the Borrower, or if the Borrower is a close corporation having no
Board of Directors then at a meeting of the Borrower 's shareholders, duly called and held on , at which a quorum was

present and voting, or by other duly authorized action in lieu of a meeting, the resolutions set forth in this Resolution were adopted.
OFFICER. The following named person is an officer of Borrower:

NAMES TITLES AUTHORIZED PorREXGR SIGNATURES
Gabriel Clark S ( a

Owner y "4

ACTIONS AUTHORIZED. The authorized person listed above may enter into any agreements of any nature with Lender, and those agreements
will bind the Borrower. Specifically, but without limitation, the authorized person is authorized, empowered, and directed to do the following for
and on behalf of the Borrower:

Borrow Money. To borrow, as a cosigner or otherwise, from time to time from Lender, on such terms as may be agreed upon between the
Borrower and Lender, such sur or sums of money as in his or her judgment should be borrowed, without limitation.

Execute Notes. To execute and deliver to Lender the promissory note or notes, or other evidence of the Borrower's credit accommodations,
on Lender's forms, at such rates of interest and on such terms as may be agreed upon, evidencing the sums of money so borrowed or any of
the Borrower's indebtedness to Lender, and also to execute and deliver to Lender one or more renewals, extensions, modifications, refinancings,
consolidations, or substitutions for one or more of the notes, any portion of the notes, or any other evidence of credit accommodations .

Negotiate tems. To draw, endorse, and discount with Lender all drafts, trade acceptances, promissory notes, or other evidences of
indebtedness payable to or belonging to the Borrower or in which the Borrower may have an interest, and either to receive cash for the same
or to cause such proceeds to be credited to the Borrower's account with Lender, or to cause such other disposition of the proceeds
derived therefrom as he or she may deem advisable.

ASSUMED BUSINESS NAMES. The Borrower has filed or recorded ail documents or filings required by law relating to all assumed business
names used by the Borrower. Excluding the name of the Borrower, the following is a complete list of all assumed business names under which
the Borrower does business:

NOTICES TO LENDER. The Borrower will promptly notify Lender in writing at Lender's address shown above (or such other addresses as
Lender may designate from time to time) prior to any (A) change in the Borrower's name; (B} change in the Borrower's assumed business
name(s); (C) change in the management of the Borrower; (D) change in the authorized signer(s); (E) change in the Borrower's principal office
address; (F) change in the Borrower's state of organization; (G) conversion of the Borrower to a new or different type of business entity; or (H)
change in any other aspect of the Borrower that directly or indirectly relates to any agreements between the Borrower and Lender. No
change in the Borrower's name or state of organization will take effect until after Lender has received notice.

GSW-000436912
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RESOLUTION TO BORROW
(Continued) Page 2

CERTIFICATION CONCERNING OFFICERS AND RESOLUTIONS. The officer named above is duly elected. appointed. or employed by or for the
Borrower, as the case may be, and occupies the position set opposite his or her respective name. This Resolution now stands of record on the
books of the Borrower, is in full force and effect, and has not been modified or revoked in any manner whatsoever.

NO CORPORATE SEAL. The Borrower n has no corporate seal, and therefore, no seal is affixed to this Resolution.

CONTINUING VALIDITY. Any and all acts authorized pursuant to this Resolution and performed prior to the passage of this Resolution are
hereby ratified and approved. This Resolution shall be continuing, shall remain in full force and effect and Lender may rely on it until written
notice of its revocation shall have been delivered to and received by Lender at Lender's address shown above (or such addresses as Lender may
designate from time to time). Any such notice shall not affect any of the Borrower's agreements or commitments in effect at the time notice is
given.

IN TESTIMONY WHEREOF, Ihave hereunto set my hand and attest that the signature set opposite the name listed above & his or her
genuine signature.

I have read all the provisions of this Resolution, and personally and on behalf of the Borrower certify that all statements and
representations made inthis Resolution are true and correct. This Resolution to Borrow bs dated as of the date set forth above.

CERTIFED TO AND ATTESTED BY:

Gabriel Clark ; ;
, as president, manager or managing member

GSW-000436913
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| ee |

S BA U.S. Small Business

' J Administration

NOTE
5311208002
SBA Loan #
SBA Loan Name AJI Clark Bathtub Refinishing
6/27/2020
Date
198990.00
Loan Amount
Interest Rate 1% per annum
Borrower AJI Clark Bathtub Refinishing
Operating N/A
Company
Lender

Cross River Bank

1. PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount of

one hundred and ninety-eight thousand nine hundred and ninety dollars

Dollars, interest on the unpaid principal balance, and all other amounts required by this Note.
2. DEFINITIONS:

“Collateral” means any property taken as security for payment of this Note or any guarantee of this
Note.

“Covered Period” means the period beginning on the date of the origination of the Loan and ending the
earlier of (i) the date that is 24 weeks after such date of origination of the Loan; or (ii) December 31, 2020.
“Deferral Period” means one of the following, as the case may be:

a. If Borrower applies for Loan forgiveness within 10 months after the last day of the Covered Period,
then the Deferral Period is the period from the date of the origination of the Loan until the date on
which the amount, if any, of Loan forgiveness determined under Section 1106 of the CARES Act is
remitted to Lender (for the avoidance of doubt, if the SBA determines that no Loan forgiveness is

GSW-000436914
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allowed under Section 1106 of the CARES Act, the date that the SBA notifies the Lender that no Loan

forgiveness is allowed shall be the end date of the Deferral Period); or

b. If Borrower does not apply for Loan forgiveness within 10 months after the last day of the Covered
Period, then the Deferral Period is the period from the date of the origination of the Loan until the
date that is 10 months after the last day of such Covered Period.

“Guarantor” means each person or entity that signs a guarantee of payment of this Note.

“Loan” means the loan evidenced by this Note.

“Loan documents” means the documents related to this loan signed by Borrower, any Guarantor, or
anyone who pledges collateral.

“SBA” means the Small Business Administration, an Agency of the United States of America.

GSW-000436915
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3. PAYMENT TERMS:
Borrower must make all payments at the place Lender designates. The payment terms for this Note are:
Borrower will pay this loan in accordance with the following payment schedule, which calculates interest on
the unpaid principal balances in the "Interest Calculation Method" paragraph using the interest rates described
in this paragraph:

Commencing on or after the last day of the Deferral Period, during which time interest will continue to accrue,
and after taking into account the amount, if any, of Loan forgiveness determined under Section 1106 of the
CARES Act as approved by SBA, any remaining principal and accrued interest will be payable by Borrower in
accordance with a payment and amortization schedule that provides for equal monthly payments of principal
and interest over what remains of the five (5) year maturity period which commenced on the date of initial
Loan disbursement. Unless otherwise agreed or required by applicable law, payments will be applied first to
any accrued unpaid interest; then to principal; and then to any late charges.

The interest rate on this Note is fixed at the rate of 1.00% per annum.

The interest rate on this Note is computed on a 365/365 basis, that is, by applying the ratio of the interest rate
over the number of days in a year (365 for all years, including leap years), multiplied by the outstanding
principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest
payable under this Note is computed using this method.

Receipt of payments must be made in U.S. dollars and must be received by Lender at:

Cross River Bank

400 Kelby Street, 14th Floor

Fort Lee, NJ 07024

Attention: Loan Servicing Department

Lender may modify these payment instructions, including changing the address for the payments, by providing
updated payment instructions to the Borrower in writing. If a payment is made consistent with Lender's
payment instructions but received after 3:00 PM EST on a business day, Lender will credit the Borrower's
payment on the next business day.

No Prepayment Penalties are to apply.

SBA Provision: When SBA is the holder, this Note will be interpreted and enforced under federal law, including
SBA regulations. Lender or SBA may use state or local procedures for filing papers, recording documents,
giving notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal
immunity from state or local control, penalty, tax or liability. As to this Note, Borrower may not claim or assert
against SBA any local or state law to deny any obligation, defeat any clam of SBA, or preempt federal law.

4. DEFAULT:

Borrower is in default under this Note if Borrower does not make a payment when due under this
Note, or if Borrower or Operating Company:

GSW-000436916
DocuSign Envalope dias Q2A 25 ERE FESR AH PRotaPAe HP Ss-1 Entered on FLSD Docket 01/02/2023 Page 14 of 20

Fails to do anything required by this Note and other Loan Documents;
Defaults on any other loan with Lender;
Does not preserve, or account to Lender’s satisfaction for, any of the Collateral or its proceeds;

Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender
or SBA;

Makes, or anyone acting on their behalf makes, a materially false or misleading representation to
Lender or SBA;

Defaults on any loan or agreement with another creditor, if Lender believes the default may
materially affect Borrower's ability to pay this Note;

Fails to pay any taxes when due;

Becomes the subject of a proceeding under any bankruptcy or insolvency law;

Has a receiver or liquidator appointed f for any part of their business or property;
Makes an assignment for the benefit of creditors;

Has any adverse change in financial condition or business operation that Lender
believes may materially affect Borrower’s ability to pay this Note;

Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without
Lender’s prior written consent; or

Becomes the subject of a civil or criminal action that Lender believes may materially affect
Borrower’s ability to pay this Note.

5. LENDER’S RIGHTS IF THERE IS A DEFAULT:

Without notice or demand and without giving up any of its rights, Lender may:

moo p>

Require immediate payment of all amounts owing under this Note;
Collect all amounts owing from any Borrower or Guarantor;

File suit and obtain judgment;

Take possession of any Collateral; or

Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without
advertisement.

6. LENDER’S GENERAL POWERS:

Without notice and without Borrower’s consent, Lender may:

GSW-000436917
DocuSign Ervalope dias Qen 25 ERE FESR AH PotaPAe HP 25-1 Entered on FLSD Docket 01/02/2023 Page 15 of 20

A.

Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it
chooses;

Incur expenses to collect amounts due under this Note, enforce the terms of this Note or
any other Loan Document, and preserve or dispose of the Collateral. Among other things,
the expenses may include payments for property taxes, prior liens, insurance, appraisals,
environmental remediation costs, and reasonable attorney's fees and costs. | If Lender incurs
such expenses, it may demand immediate repayment from Borrower or add the expenses to the
principal balance;

Release anyone obligated to pay this Note;
Compromise, release, renew, extend or substitute any of the Collateral; and

Take any action necessary to protect the Collateral or collect amounts owing on this Note.

7. WHEN FEDERAL LAW APPLIES:

When SBA is the holder, this Note will be interpreted and enforced under federal law, including
SBA regulations. Lender or SBA may use state or local procedures for filing papers, recording documents,
giving notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive
any federal immunity from state or local control, penalty, tax, or liability. As to this Note, Borrower may
not claim orassert against SBA any local or state law to deny any obligation, defeat any claim
of SBA, or preempt federal law.

8. SUCCESSORS AND ASSIGNS:

Under this Note, Borrower and Operating Company include the successors of each, and Lender
includes its successors and assigns.

9. GENERAL PROVISIONS:

All individuals and entities signing this Note are jointly and severally liable.
Borrower waives all suretyship defenses.

Borrower must sign all documents necessary at any time to comply with the Loan Documents
and to enable Lender to acquire, perfect, or maintain Lender’s liens on Collateral.

Lender may exercise any of its rights separately or together, as many times and in any
order it chooses. Lender may delay or forgo enforcing any of its rights without giving
up any of them.

Borrower may not use an oral statement of Lender or SBA to contradict or alter the written
terms of this Note.

If any part of this Note is unenforceable, all other parts remain in effect.

To the extent allowed by law, Borrower waives all demands and notices in connection with
this Note, including presentment, demand, protest, and notice of dishonor. Borrower also waives any
defenses based upon any claim that Lender did not obtain any guarantee; did not obtain,

GSW-000436918
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Rey. 11/2018

HAT DOES CROSS RIVER BANK DO WITH YOUR PERSONAL INFORMATION?

Financial companies choose how they share your personal information. Federal law gives consumers
e right to limit some but not all sharing. Federal law also requires us to tell you how we collect,
share and protect your personal information. Please read this notice carefully to understand what we
do.
The types of personal information we collect, and share depend on the product or service you have
ith us. This information can include:

Social Security number and Account balances

Payment history and Transaction history

Account transactions and Wire transfer instructions
en you are no longer our customer, we continue to share your information as described in this

All financial companies need to share customers’ personal information to run their everyday
business. In the section below, we list the reasons financial companies can share their customers’
personal information; the reasons Cross River Bank chooses to share; and whether you can limit this

Reasons we can share your personal information Does Cross River Bank share? Can you limit this sharing?
[For our everyday business purposes— Yes No

such as to process your transactions, maintain your
laccounts), respond to court orders and legal
investigations, or report to credit bureaus

[For our marketing purposes— Yes No

to offer our products and services to you

For joint marketing with other financial companies Yes No

For our affiliates’ everyday business purposes— No We don’t share
information about your transactions and experiences

For our affiliates’ everyday business purposes— No We don’t share
information about your creditworthiness

For nonaffiliates to market to you No We don’t share

| Questions? toll-free 1-877-55CRBS55 or go to www.crossriver.com

cross river’

GSW-000436921
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IHow does Cross River Bank _To protect your personal information from unauthorized access and use, we use
protect my personal security measures that comply with federal law. These measures include computer
information? safeguards and secured files and buildings.

[We also maintain other physical, electronic and procedural safeguards to protect
this information and we limit access to information to those employees for whom
access is appropriate.

IHow does Cross River Bank [We collect your personal information, for example, when you

collect my personal + Open an account or Apply for a loan
information? + Make deposits or withdrawals from your account or Provide employment
information

+ Give us your contact information

We also collect your personal information from others, such as credit bureaus,

affiliates, or other companies.

|Why can’t I limit all sharing? [Federal law gives you the right to limit only

+ sharing for affiliates’ everyday business purposes-information about your
creditworthiness

+ affiliates from using your information to market to you

+ sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit

sharing. See below for more on your rights under state law.

Affiliates (Companies related by common ownership or control. They can be financial and nonfinancial
+ Cross River Bank does not share with our affiliates.

INonaffiliates (Companies not related by common ownership or control. They can be financial and nonfinancial

+ Nonaffiliates we share with can include loan finance companies

Joint marketing |A formal agreement between nonaffiliated financial companies that together market financial
products or services to you.

+ Our joint marketing partner(s) include loan finance companies.

Other important information

or Alaska, Illinois, Maryland and North Dakota Customers. We will not share personal information with
monaffiliates either for them to market to you or for joint marketing-without your authorization.

[For California Customers. We will not share personal information with nonaffiliates either for them to market to
lyou or for joint marketing-without your authorization. We will also limit our sharing of personal information about
lyou with our affiliates to comply with all California privacy laws that apply to us.

[For Massachusetts, Mississippi and New Jersey Customers. We will not share personal information from deposit
lor share relationships with nonaffiliates either for them to market to you or for joint marketing-without your

For Vermont Customers. We will not disclose information about your creditworthiness to our affiliates and will
mot disclose your personal information, financial information, credit report, or health information to nonaffiliated
third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those
disclosures. Additional information concerning our privacy policies can be found at www.crossriver.comor call 1-
877-55CRBSS.

GSW-000436922
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AUTHORIZATION TO RELEASE INFORMATION, RE-
EXECUTION CERTIFICATE AND COVENANT TO DELIVER
FINANCIAL INFORMATION

I/We hereby authorize the release to Cross River Bank,
of any and all information they may require at any time for
any purpose related to our credit transaction. I/We further
authorize Cross River Bank to release such information
to any entity deemed necessary for any purpose related
to our credit transaction.

I/We hereby certify that the enclosed information plus any
attachments or exhibits are valid and correct to the best
of my/our knowledge.

I/We hereby acknowledge that all loan approvals will be
in writing and subject to the terms and conditions set forth
in acommitment letter signed by an officer of Cross River
Bank.

I/We will re-execute any document or instrument signed
in connection with the loan by Cross River Bank, and will
execute any document or instrument that should have
been signed at or before the closing of the loan, or which
was incorrectly drafted and/or signed.

I/We will deliver any document or instrument requested
by Cross River Bank after the closing of the subject loan,
including any tax returns, financial statements,
certificates or any other information requested by Cross
River Bank.

DocuSigned by:

Signature S C owe Date /27/2020

GSW-000436923


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