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Home Court filings USA v. SHEPPARD United States v. Eric Dean Sheppard — S.D. Fla., No. 1:22-cr-20290-BB Exhibit — USA v. SHEPPARD (Dkt. 205.7)

Court filing

Exhibit — USA v. SHEPPARD (Dkt. 205.7)

Summary

Exhibit G to Document 205 in United States v. Sheppard (S.D. Fla., Case 1:22-cr-20290-BB), entered 02/02/2024, holds two defense exhibits about Herc Rentals Inc. The first, X-47-1, is a Herc personal guaranty form for a credit line, governed by Delaware law, in which a guarantor personally guarantees the applicant business's debts to Herc. The second, X-47-2, is Herc ProSolutions Lakeland rental agreement R.A. No. 31537395 for a pond clearing project in Orlando, ordered 6/29/20 with an estimated return of 8/06/20. It rents a 6-inch diaphragm pump at 170.00 a day, 500.00 a week and 1500.00 for four weeks, plus suction and discharge hoses.

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 February 2, 2024 in USA v. SHEPPARD; one of 304 filings from this case.

Record facts

CourtU.S. District Court for the Southern District of Florida
Filed2024-02-02

Cite this document

“Exhibit — USA v. SHEPPARD (Dkt. 205.7).” U.S. District Court for the Southern District of Florida, No. 1:22-cr-20290-BB, Doc. 205-7, filed 2024-02-02. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-eric-dean-sheppard-flsd-615773/2024-02-02-gov-uscourts-flsd-615773-205-7-doc-205-7/, SHA-256 9d9e7266e62505a9c6826623600d2e77cb02818b5588e855c734908eb3fb0f1a.

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Full text

Case 1:22-cr-20290-BB   Document 205-7   Entered on FLSD Docket 02/02/2024   Page 1 of 3
EXHIBIT “G”
Case 1:22-cr-20290-BB   Document 205-7   Entered on FLSD Docket 02/02/2024   Page 2 of 3
GUARANTY

Business naar iP Develo pment Doing business at, (Address) _| 2.000 %) Son we glvd *

In consideration of the extension of credit to the applicant named herein, the undersigned, jointly, severally and unconditionally guaranty and promise to pay all
amounts naw owing which may hereinafter become owing by the applicant to Here Rentals Inc. ("Herc"), This is a continuing guaranty and obligations arising
hereunder shall nat be affected by any change in terms of indebtedness, the extension of credit beyond amounts specified herein, a change in the term or time far
payment, a change in the form of indebtedness or the acceptance of security or collateral. Herc shall not be required to exhaust any remedies against applicant
prior to exercising rights granted hereby, The undersigned hereby waives (a) notice of acceptance of this quaranty and of extensions of credit by Here to the
applicant; (b) presentment and demand for paying of any indebtedness of the applicant; (c) protest and notice of dishonor or default to the undersigned with
respect to any indebtedness of the applicant; (d) all other notices to which the undersigned might otherwise be entitled; (e) any demand for payment under this
guaranty; (f) benefit of all exemptions and homestead laws; (g) all set-offs and counterclaims, This is a guaranty of payment and not of collection and the
undersigned further waives any right to require that any action be brought against the applicant or any other person or to require that resort be had to any security.
The undersigned agrees that, with or without notice or demand, the undersigned shall reimburse Herc, to the extent that.such reimbursement is not made by the
applicant, for all expenses (including counsel fees) incurred by Herc in connection with any indebtedness of the applicant or the collection thereof and will pay
attorneys’ fees if this guaranty is placed with an attorney for enforcement or collectian from the undersigned. This Agreement shall be governed by and construed
in accordance with the laws of the state of Delaware without regard to its rules of conflict of laws. Customer imevocably and unconditionally consents to submit to
the sole and exclusive jurisdiction of the state and federal courts within the State of Delaware (the "Delaware Courts") for any litigation arising out of or relating to
this. Agreement and the transactions. contemplated hereby, and waives any objection to the laying of venue and forum in the Delaware Courts, The undersigned
personal guarantar, recognizing that his or her individual credit history may be a necessary factor in the evaluation of this personal guaranty, hereby consents to
and authorizes the use of a consumer credit report on the undersigned by Here, from time to time as may be needed, in the credit evaluation process,

|f any provision or part of any provision of this guaranty is in conflict with any applicable statute or rule of law then such provision, or part thereof, as the case may
be, shall be deemed null and void to the extent that it may conflict therewith, but without invalidating the remaining provisions or part of such,

THE UNDERSIGNED HEREBY WAIVES THE RIGHT TO A JURY TRIAL OF ANY OR ALL CLAIMS OR DISPUTES WHICH MAY ARISE IN CONNECTION WITH
THIS GUARANTY. The undersigned further acknowledge and represent that any titles written near their signatures below is/are merely-intended to clarify the
individual's position with the customer and in no way, negates the personal guaranty of such individual.

Guarantor aignature de * Z CA Home Address {Ro al CMOss Drive
Puated Guarantor Nene “2 NE sine ppd City/State/Zip be! har bour : BL 34/5 Y

Social Security Number (Required) See Type of ID/State Issued __? cent

Guarantor ee 4 Home Address
Printed Guarantor Name City/State/Zip

Social Security Number (Required) Type of ID/State Issued
Date ID#

Bank Reference

Bank Name Ss 4.
YU» tru &

Checking Accoun Loan Type /
Number Number
Bank Contact

Name and Address

Bank Contact Bank Contact
Telephone Email

For the purpose of establishing a credit line with Herc Rentals Inc., | herewith authorize the above-named bank to furnish the requested
information.

Name (printed) Th a signature 3) oN Date %- 24-20
ro 4

Notes to Credit Department (Internal Use Only)

(ex.Requested Credit Line, Anticipatecl Monthly Spend)

Case No. 22-20290-CR-BL
DEFENDANT
EXHIBIT

Rev 01/2020 X-47-1
Case 1:22-cr-20290-BB   Document 205-7   Entered on FLSD Docket 02/02/2024   Page 3 of 3
Show R.A, Number on all Correspondence

UPDATE “Here, t / ™ R.A. No. 31537395
* l ie Ci <2) a S) Page 1 of 2

HERC LOCATION: 301 BILL TO CUSTOMER: 3014450 SHIPPING ADDRESS

HERC PROSOLUTIONS LAKELAND HM-UP DEVELPMENT POND/ CLEARING PROJECT

4710 DRANE FIELD RD 1200 BISCAYNE BLVD SUITE 508 1100 N ALAFAYA TRAIL

LAKELAND, FL 33811 MIAMI, FL 33181 ORLANDO, FL 32828

DESCRIPTION/CHARGES

EST START: 6/29/20 16:00 EST RETURN: 8/06/20 16:00 DROP DATE:

SHIPPED BY: ORDERED BY: JEFF DROP TIME:

ORDER DATE: 6/29/20 SALESPERSON: 335 SALES COORDINATOR:

PO# / JOB#: / 4 - POND/ CLEARING P

Qty Equipment # Hrs/ Min Hour Day Week 4 Week Amount

1 PUMP 6IN DOUBLED DIAPHRAGM DSL 8/ 170.00 28.33 170.00 500.00 1500.00

800266202 Make: MYERS-SETH Model: A-DD6/HA/T Ser #: MSPJN2576 B
HR OUT: 483.00 HR CHG Ac
PREVENTATIVE MAINTENANCE CHARGE - for certain high usage equipment, > ( Ye
Herc charges a Preventative Maintenance (PM) charge based on the hours la
of use for the equipment based on a standard minimum usage of 160 N:
hours per month at a rate of $1 - $4 / service hour used and such 7
charge will be reflected in each monthly invoice. The final invoice \Te~

will be adjusted to reflect the actual hours used above or below the

standard minimum usage. The usage may be calculated and invoiced

monthly based on information received from telematics or other

information received prior to the return of the equipment.

EMISSIONS & ENV SURCHARGE EMISSIONS 19.80
Customer has accepted RPP at a charge of 15.00% of gross rental charges.

5 RUBBER SUCTION HOSE CAM CPLNG 4X20 8/ 15.00 2.50 15.00 © 30.00 90.00

Customer has accepted RPP at a charge of 15.00% of gross rental charges.

4 ORAFLEX DISCHARGE HOSE CAM CPLNG 4X50 8/ 15.00 2.50 15.00 30.00 90.00

Customer has accepted RPP at a charge of 15.00% of gross rental charges.

Case No. 22-20290-CR-BL
DEFENDANT
EXHIBIT

X-47-2

For GREAT DEALS on USED EQUIPMENT - visit us on-line at HercRentals.com

CAREFULLY READ THE TERMS AND CONDITIONS
THAT APPEAR BELOW AND ON REVERSE SIDE OF THIS PAGE

THE Lael (DEFINED BELOW) IS RENTED BY HERC RENTALS ie ene) TO THE CUSTOMER PURSUANT TO THE TERMS AND CONDITIONS ON THE FRONT AND BACK HEREOF, CUSTOMER REPRESENTS HAVING
READ AND AGREED TO SAME, INCLUDING THE TERMS IMMEDIATEL’
NOTWITHSTANDING PAYMENT OF THE RPP FEE, CUSTOMER IS LIABLE FOR ALL DAMAGES TO THE EQUIPMENT, AND ANY HOMINISTRATIVE FEES AND EXPENSES OF HERC, CAUSED BY THE EQUIPMENT BEING USED OR
OPERATED IN VIOLATION OF THE TERMS AND CONDITIONS HEREOF, OR IN VIOLATION OF THE RENTAL PROTECTION PLAN GUIDE.
PARAGRAPH 12 ON THE REVERSE SIDE OF THIS PAGE IS IN LIEU OF (I) ALL. WARRANTIES, EXPRESS, IMPLIED SATs ae BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; AND (ii) ALL OBLIGATIONS ON THE PART OF HERC TO CUST! FOR DAMAGES, INCLUDING, BUT NOT eel) TO, INDIRECT, INCIDENTAL,

A

CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE RENTAL, MAINTENANCE, USE, OPERATION, STORAGE, ERECTION, DISMANTLING OR TRANSPORTATION OF THE EQUIPMENT,
CUSTOMER REPRESENTS THAT CUSTOMER HAS FULLY INSPECTED THE EQUIPMENT AND THAT EXCEPT FOR ANY ISSUES omen SECTION 12 HEREOF SAME IS IN GOOD CONDITION AND REPAIR AND THAT CUSTOMER

IS ABLE FOR ALL VIOLATIONS OF LAW ARISING OUT OF CUSTOMER'S USE, POSSESSION OR OPERATION OF THE EQUI

PLEASE ‘BE AWARE that Herc adds an ‘it 1 ge ("EES") with respect to PLEASE BE AWARE THAT THE RENTAL PROTECTION PLAN (RPP) IS NOT INSURANCE. The Charge for RPP is

electric, tion engine Pop atic p rental EESisa cralaa by 15% of gross rental charges, Customer may accept or decline RPP. If Customer accepts RPP, in consideration of the
Here to help offsat cosis and in d with the types of charge shown above, Lessor agrees to waive cerlain claims against customer for loss of or damage to amen in
activities: (1) compllance wilt federal, state and local environmental laws, regulations and rules relating to Herc's | accordance with the terms and conditions set forth herein and i ie re RENTAL PROTECTION PLAN GUIDE whi

such &: and/or of waste dats that contain hazardous Customer should review before deciding whether to P. By the Rental F fon Plan sel paying
substances (¢.g,, motor oil, areas, and fluid); (2) the ir jon of voluntary conservation or "green”| the additional fee, Herc will limit the equi; repair or cost toa ible of $500 per item or 10% of the
initiatives at Here; and (3) the acquisition and use of vehicles in Here’s business with engines using advanced repair or replacement cost, Including tax, whichever is less. corn are responsible for any loss or damage up to this
emission contro! technologies. Herc also adds a Vehicle Licansing Fee Sctpaalh with respect fo rental vehicles and | amount. RPP does NOT cover damage to tires and tubes caused by blow out, bruises, cuts, punctures or other causes
trailars to help offset the costs and id with and one tering such items, EES and VLF inherent in the use of the Equipment.
Surcharges may be charged from time to time at Here's discretion. THESE SURCHARGES ARE NOT TAXES OR
GOVERNMENT MANDATED CHARGES. Customer is obligated to retum the Equipment in a good, clean, and uncontaminated condition, free
of any and all hazardous substances.

ath A Outs z _, Terms are due upon receipt Not valid without Barcode
Cus' Title

ll

Customer Sign: Date
Carefully read the terms and conditions that appear above and on reverse side of this page.


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