PNC BANK, N.A. v. RIOS JUNK REMOVAL & HAULING LLC

IN THE DISTRICT COURT WITHIN AND FOR CANADIAN COUNTY STATE OF OKLAHOMA PNC BANK, N.A., successor to PNC EQUIPMENT FINANCE, LLC vs. RIOS JUNK REMOVAL & HAULING LLC and JAIME RIOS Plaintiff Defendants Case No. CJ 2024-322 PAUL HESSE PETITION NOW INTO COURT COMES the above-named Plaintiff, PNC BANK, N.A., successor to PNC EQUIPMENT FINANCE, LLC ("PNC") and for its cause of action against the above-named Defendants, RIOS JUNK REMOVAL & HAULING LLC ("RIOS JUNK"), and JAIME RIOS ("J. RIOS"), collectively ("DEFENDANTS") alleges and states: General Allegations 1. PNC is a national equipment finance company with offices throughout the United States. 2. RIOS JUNK is an Oklahoma limited liability company with its principal place of business located in Canadian County, Oklahoma, where it may be served with Summons. 3. J. RIOS is an individual and resides in and may be served with Summons in Cleveland County, State of Oklahoma. Cause of Action 4. On or about October 6, 2021, RIOS JUNK executed a Loan & Security Agreement ("the Agreement") by which it became obligated to pay PNC payments of $1,465.14 per month for 58 months. A copy of the Agreement is attached as Exhibit A. 5. PNC is a secured creditor as to collateral pledged by RIOS JUNK which is the subject matter of the Agreement, described as: (1) Bobcat T66 Compact Track Loader s/n: B4SB19734 (the Collateral) 6. RIOS JUNK has failed to pay under the Agreement when due, despite demand by PNC, and is therefore in default under the Agreement. 7. As of March February 26, 2026, after credit for all payments and offsets, the balance due on the Agreement is $25,222.03. 8. For a valuable consideration, J. RIOS executed and delivered his personal guaranty of the indebtedness of RIOS JUNK to PNC. Plaintiff PNC now looks to J. RIOS for all amounts due from RIOS JUNK . 9. PNC is entitled to a reasonable attorney’s fee and its other reasonable costs of collection under the terms of the Agreement and under 12 OS Sec. 936 and 12 O.S. Sec. 1751 et seq. 10. Because of RIOS JUNK’s default under the Agreement, PNC has a special ownership right or interest in the Collateral and is entitled to immediate possession of the Collateral. 11. The actual value of the Collateral is estimated at $45,000.00. 12. The Collateral has not been taken in execution on any order or judgment against PNC, or for the payment of any tax, fine or amercement assessed against PNC, or by virtue of an order of delivery issued under Chapter 31 of Title 12 of the Oklahoma Statutes, or any other mesne or final process issued against PNC. 13. PNC believes that DEFENDANTS are in actual or constructive possession of the Collateral, and that DEFENDANTS’ possession is subject to the rights of PNC. Although PNC has demanded possession of the Collateral, DEFENDANTS have failed to deliver or relinquish possession of the Collateral to PNC. DEFENDANTS are therefore wrongfully detaining the Collateral. 14. PNC believes that DEFENDANTS may attempt to conceal, damage or destroy the Collateral or a part thereof or to remove the Collateral from the state or county, and PNC will thereby suffer irreparable harm. PNC is without adequate remedy at law to prevent such harm and injury. 15. PNC hereby requests the issuance of an Order of Delivery for recovery of the Collateral. PNC further requests that the Clerk of this Court issue a Notice to be served upon DEFENDANTS which notice shall notify DEFENDANTS that: (1) an Order of Delivery of the Collateral is sought; (2) DEFENDANTS have a right to object by written response filed with the Court Clerk and delivered or mailed to PNC’s attorney within five (5) days after service of the Petition; and (3) the Order of Delivery shall be issued by the Clerk in the event no written response is filed within the five day period. WHEREFORE, PNC demands: (a) That the Clerk of this Court issue the above described Notice to DEFENDANTS, and further that the Notice inform DEFENDANTS that, pursuant to 12 O.S. Sec. 1571.1, any person who willfully and knowingly damages property in which there exists a valid right to issuance of an Order of Delivery, or on which such Order has been sought under the provisions of 12 O.S. Sec. 1571, as amended, or who conceals it, with intent to interfere with the enforcement of the Order, or who removes it from the jurisdiction of this Court with the intention of defeating the enforcement of an Order of Delivery, or who willfully refuses to disclose its location to an officer charged with executing an Order for its delivery, or who, when in possession of such property, willfully interferes with the officer charged with executing such writ, shall be guilty of a misdemeanor, and in addition to such criminal penalties as are provided by law, shall be liable to PNC for double the amount of damage done to the property, together with a reasonable attorney’s fee to be fixed by the Court; (b) That this Court issue an order for the immediate delivery of the Collateral to PNC if no response is timely made by DEFENDANTS; (c) That this Court render judgment in favor of PNC against DEFENDANTS for the possession of the Collateral, decreeing that PNC’s interests in the Collateral are senior and prior to the interests of DEFENDANTS, if any in the Collateral, and authorizing the foreclosure of PNC’s security interest in the Collateral. (d) That this Court enter a money judgment for PNC and against RIOS JUNK REMOVAL & HAULING LLC and JAIME RIOS in the amount of $25,222.03, together with the costs of this action to include all attorney's fees incurred herein, and costs accrued and accruing, and for such other and further relief as this Court deems just and proper. G. RUDY HIERSCHE, JR. OBA No. 4183 Of Counsel McAfee & Taft 8th Floor, Two Leadership Square 211 N. Robinson Avenue Oklahoma City, OK 73102 (405) 235-3123 phone (405) 235-0439 fax [email protected] Attorney for Plaintiff ATTORNEYS LIEN CLAIMED. 4. UNCONDITIONAL OBLIGATION. YOU AGREE THAT YOU ARE UNCONDITIONALLY OBLIGATED TO PAY ALL PAYMENTS AND FEE'S DUE WITHIN 30 DAYS OF THE DATE THAT AN AMOUNT IS OWED. IF IT IS NOT PAID IN FULL BY THE END OF THIRTY (30) DAYS AFTER THE DATE THE SAME BECOMES DUE, YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF ANY AMOUNTS DUE UNDER THIS LOAN FOR ANY REASON WHATSOEVER. 6. DISCLAIMER OF WARRANTIES. NO INDEMNITY IS BEING PROVIDED BY OUR BUSINESS OR OWNERSHIP PARTY. ANY REPRESENTATIONS OR WARRANTIES AS TO THE EQUIPMENT OR ITS PERFORMANCE MADE BY ANY SALESMAN OR RESELLER SHALL NOT BIND US. 7. PURCHASE AGREEMENT. ANY PURCHASE AGREEMENT BETWEEN YOU AND US CONCERNING THE EQUIPMENT IS SIMPLE AND DIRECT. YOUR LIABILITY IS LIMITED TO THE PRINCIPAL AMOUNT OF THE LOAN. 8. ASSIGNMENT OF COLLATERAL. IF YOU DEFAULT IN ANY WAY ON THIS AGREEMENT, WE WILL HAVE THE RIGHT TO COLLECT ALL RENTALS WHICH WERE OR WILL BE RECEIVED ON ANY RENTAL AGREEMENT RELATING TO THE EQUIPMENT, AND TO SELL, LEASE, OR CONVEY ANY OF THE EQUIPMENT AT PUBLIC SALE OR AT PRIVATE SALE. WE MAY ALSO GIVE NOTICE TO ANY PERSON WHO MAY HOLD AN INTEREST IN THE EQUIPMENT TO REQUIRE HIM TO DELIVER THE EQUIPMENT TO US AT OUR SOLE OPTION, AND ANY SUCH DELIVERY SHALL PASS TO US THE CONSUMABLE PARTS, EXCEPT AS OTHERWISE SET FORTH. YOU AUTHORIZE US TO TAKE POSSESSION OF THE EQUIPMENT AT ANY TIME AND TO RESTRICT ACCESS TO THE EQUIPMENT AT ANY TIME. WITHOUT YOUR EXPRESS WRITTEN CONSENT, WE MAY NOT MAKE ANY OTHER AGREEMENT WITH RESPECT TO THE EQUIPMENT. 9. USE OF EQUIPMENT LOCATED OUTSIDE OF THE UNITED STATES. USE OF EQUIPMENT LOCATED OUTSIDE OF THE UNITED STATES IS NOT AUTHORIZED UNLESS EXPRESS PERMISSION IS GIVEN IN WRITING BY OUR COMPANY. 10. LAWS OF PENNSYLVANIA. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF PENNSYLVANIA. 11. DEFAULT. IN THE EVENT OF DEFAULT ON ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, YOU AGREE TO BE LIABLE FOR ALL COSTS OF COLLECTION, INCLUDING ATTORNEY'S FEES, AND FOR ALL LIENS OR ENCUMBRANCES WHICH MAY BE LEVIED IN CONNECTION THEREWITH. 12. Entire Agreement. This Agreement contains a complete and exclusive statement of the terms and conditions agreed to by you and us regarding the transaction described herein. It supersedes any prior oral agreement, whether written or unwritten, between us. If you sell, assign, negotiate, assign, extend, transfer (including without limitation, ANY TRANSFER RESULTING FROM YOUR AGREEMENT, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THE EQUIPMENT, ANY ASSET SALE FILE OR PERMIT/A DOCUMENT) ORWAIVE OR DEFER ANY BREACH OF THIS AGREEMENT, YOU WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY OR LIABILITY ARISING OUT OF OR RELATING TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO ANY EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. WE WILL NOT BE LIABLE FOR SPECIFIC LIABILITY OR CONSEQUENTIAL OR INCIDENT This image is primarily a scanned copy of a financial agreement document, including signatures, account numbers, and some handwritten notes. Due to the quality and orientation of the scan, many details are not fully legible or recognizable. Here's what can be reliably transcribed: Finance/ (Lessee/Lender): PNC Equipment Finance, LLC Obligor/ (Lessee/Borrower): RIOS JUNK REMOVAL & HAULING LLC Agreement #: Agreement #2 This Schedule supplements and is hereby Incorporated by reference as a part of above referenced Agreement #2 ("Agreement") by and between above Obligor ("Lessee/Borrower") and Financier ("Lessor/Asher"). <table> <tr> <th>Payments</th> <th>#</th> <th>$0.00</th> <th>+ Applicable Sales Tax</th> </tr> <tr> <td></td> <td>69</td> <td>$1,485.14</td> <td>+ Applicable Sales Tax</td> </tr> </table> A photocopy, facsimile copy, scanned copy or other electronic copy of this document shall be accepted as a legal binding agreement. Accepted By: Financial: PNC Equipment Finance, LLC Obligor: RIOS JUNK REMOVAL & HAULING LLC By: ___________________________ Digitally signed Name: Jllara Hodge Title: [illegible] Date: 2021-11-06 This is a personal guarantee that: I hereby guarantee payment of all obligations owed to PNC Equipment Finance, LLC by [obligor] on the equipment described above, together with interest, costs, expenses, and any other sums due thereon. I agree that PNC Equipment Finance, LLC may charge my credit card or any bank account to which I am entitled for payments owed on said equipment. I agree that any such charges will be treated as part of the contract price payable pursuant to the Agreement. I further agree that if any obligation under the Agreement is overdue, PNC Equipment Finance, LLC may take any action against me, including without limitation, asserting a claim against me in small claims court, and I hereby consent to jurisdiction and venue of the Commonwealth of Pennsylvania. By ___________________________ Digitally signed Name: [illegible] Title: [illegible] Date: 10-5-21 PERSONAL GUARANTY In consideration of Financier extending into above Agreement #2 with Obligor ("Financing Agreement"), each of us, as a primary obligor, jointly and severally, absolutely unconditional guarantees to Financier (and any assignee of Financier) the (i) principal payment, (ii) payment of Obligor's reimbursable expenses or insurance or Indebtedness of Indebtedness owed to Financier (and each assignee of Financier). Whenever such Indebtedness is evidenced by a note, contract, agreement, or similar writing, we shall deliver such note, contract, or agreement to Financier at any time by notice in writing. This Personal Guarantee ("Guarantee") is an unsecured obligation separate of payment and Performance. Financier may enforce the terms of this Financial Guarantee against either Obligor or the Guaranteed property. Should Obligor be in default of its duties under the Financing Agreement, Financier, without giving any notice and without any provision or action against either Obligor, (i) is entitled to proceed against any one of us under Article IV, at any time, whether or when no notice and without any provision or action against either Obligor. Each of us agrees to be bound by writ, to demand and pay any deficiency established by a judgment of the financier property, whether or without any notice, and to pay all attorney's fees and other expenses incurred by Financier by reason of any liability to Obligor or by reason of our liability hereunder. This Guarantee sets forth the terms of our primary personal liability. Nothing contained herein, nor any other agreement, shall be construed so as to impair our right to enforce such obligations against Obligor, or any other Obligor, or to give Obligor (or any recipient that financiers evidence any rights against Obligor) or any Collateralist, (a) notice of any action taken by Obligor, (b) any requirement to notify any financiers properly identify collateral as a pledge before sale, (c) each of us, assumes (i) any obligation or responsibility therefor, nor is any enforcement against Obligor or any other Obligor nor any other Collateralist, or any other party in any manner necessary or appropriate unless for payment of Obligors' obligations under the Financing Agreement. This is a Personal Guarantee that not be discharged or attested by death, if any one of us dies, until all unpaid our respective current and future hereof, escalations, assessments, special taxes, assessments, assessments, and assessments, plus interest and obligations, owed to Financier on said equipment, together with all other charges against said equipment, have been paid in full. This Guarantee shall survive any termination or alteration of the obligations owed to Financier on said equipment, whether prior to or after the Obligor's bankruptcy or out of Obligor's property. No payment by either (or in whole or in part) of any installment by Obligor signed, filed tax return together with a copy of your personnel financial statements on a form acceptable to us, and (f) such other reports and financial information regarding your financial condition as we may reasonably request from time to time. Compensation: This agreement may be executed in counterparts, each of which will be equally valid and all of which will constitute a single agreement. A photocopy, facsimile copy, scanning copy or other electronic copy of this documents shall be accepted as a legal binding agreement. Each of us hereby agrees to waive all rights to a jury trial. The Personal Guarantee shall be governed by the laws of the Commonwealth of Pennsylvania. We agree to the jurisdiction and venue of Federal and State Courts in Pennsylvania. Individual Guarantor: James Rioz By: ___________________________ Digitally signed Name: James Rioz Title: [illegible] Date: 10-5-21 PNC EQUIPMENT FINANCE ACKNOWLEDGEMENT AND AUTHORIZATION Obligor (Lessee/Borrower): ROSS JUNK RECOVERY & HAULING LLC Loan/Lesee number: In connection with the transaction referenced above (the "Transaction"), with PNC Equipment Finance LLC, the Underwriter, in that Obligor (Lessee/Borrower) hereby agrees, assumes, and provides written confirmation of obligations owed by Obligor (Lessee/Borrower) directly or through its individual employee(s), agent(s), or nominee(s), if any, to provide all such information and documents as may be requested by Obligor (Lessee/Borrower) for a loan, advance, or letter of credit in connection with the Transaction, including but not limited to: (i) submitting in connection with the Transaction an application for credit that is endorsed/dishonored or rejected by the Underwriter referenced in such connection with the Transaction; (ii) assisting such Underwriter, (iii) providing such credit or additional credit; (iv) reviewing, authorizing, or collecting the resulting accounts, and (v) reporting on the maintenance and satisfaction of such credit obligations. By virtue of the obligation set forth above, the undersigned further certifies and confirms he or her prior requests and representations with respect to the matters set forth herein. For the avoidance of doubt, this acknowledgement does not apply to previous signing below in his or her capacity as an officer or other authorized representative of an entity, organization or governmental body. Undersignature: [signature] By: [signature] Address: 49141 Us Business Ln E1 Room Cc 220 Date: 06-5-21