Wholesale Account Application

1. I (we) certify that the information provided herein is true and correct to the best of my (our)
ability and belief. I (we) may be required to supply additional information and to provide security as a condition of approval of the Application.

2. I (we) agree and consent that Hunter Cattle Company or its designated agents may obtain a credit report or any other information relating to income, employment history, or financial position. By your signature below, I (we) acknowledge such signature(s) represent an authorized agent for the Applicant. I (we) authorize Hunter Cattle Company or its designated agents and all past or present creditors to release any and all necessary credit information. From time-to-time you may verify and exchange information on me (us) with credit reporting agencies.

3. I (we) understand this is a non-consumer credit: ORAL AGREEMENTS OR ORAL
COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE.

4. I (we) certify that the taxpayer identification number(s) above are my (our) correct numbers and I (we) am/are not subject to backup withholding as defined in the Internal Revenue Service Form W-9.

5. I (we) hereby consent to the terms and conditions attached hereto and incorporated herein as Addendum A to this Application (“Terms and Conditions”) in the event Hunter Cattle Company approves my (our) Application.

6. Submission of the Application does not automatically grant you a business account with Hunter Cattle Company or obligate Hunter Cattle Company to sell any products to Applicant. In the event Hunter Cattle Company approves the Application, Hunter Cattle Company shall provide notification to Applicant of the approval, and any additional or modified terms and conditions in addition to the Terms and Conditions.

ADDENDUM A
TERMS AND CONDITIONS OF HUNTER CATTLE COMPANY, LLC

The following terms and conditions govern all sales by Hunter Cattle Company, LLC d/b/a Hunter Cattle Company (“HCC” or “Seller”):

1. Invoices: Unless otherwise agreed to in writing by HCC, HCC shall issue Invoices to the Buyer at the time of delivery.

2. Payment Terms: Unless otherwise agreed to in writing by HCC, payment shall be Cash-On-Delivery (“COD”). If HCC authorizes payment terms other than COD or authorizes an credit account for Buyer, HCC shall issue an Invoice to Buyer and Buyer shall timely pay the Invoice in full according to the agreed terms.

3. Finance Charge- Late Fees and Interest: In the event the Buyer fails to pay the Invoice on or before the due date, Seller may charge (i) a one (1) time late fee per invoice equal to five (5%) percent of the Invoice or TWENTY FIVE AND NO/100THS ($25.00) DOLLARS, whichever is less; and (ii) interest upon the Invoice in an amount equal to one and a half (1.5%) percent per annum until the Invoice is paid in full. Notwithstanding, the Seller shall not charge a late fee or interest at rate that exceeds the maximum allowed by applicable law.

4. Taxes: Buyer shall pay to Seller the amount of any and all taxes, excises, fees, or other charges which Seller may be required to pay or collect for any government, national, state, or local governmental entity.

5. Warranties: Unless otherwise stated herein or in the acceptance of Buyer’s Business Account Application (“Application”), the goods are “As Is”. Any rejection by Buyer of goods is to be upon delivery by Seller as stated in Paragraph 6 of these Terms and Conditions and such rejection shall be provided to Seller in writing stating the basis for the rejection.

6. Delivery and Acceptance of Goods: Seller shall deliver, and Buyer shall receive and accept goods sold by Seller, at HCC’s principal place of business in Bulloch County, Georgia (“Seller’s Principal Place of Business”). Upon delivery to, and receipt and acceptance by Buyer, Buyer shall be solely responsible for the goods and all risks of loss shall be transferred to Buyer. It shall be Buyer’s sole responsibility for arranging pickup and shipping of the goods from Seller’s Principal Place of Business, and Buyer shall solely bear any and all costs for pickup and shipping of the goods from Seller’s Principal Place Business including, but not limited to, shipping costs, insurance of shipping the goods, and any and all federal, state, and local taxes, excises, fees, or fines. Signature of Buyer or Buyer’s representative of delivery of goods shall be conclusive evidence of receipt and acceptance of the goods by Buyer. Title shall transfer to Buyer upon delivery of the goods.

7. Default. Non- Waiver of Default. Each of the following will cause Buyer to be in default: (a) failure to timely pay any amount due; and (b) failure to perform or observe any term or condition contained herein or in any Application. Upon default, Seller may elect to (a) require Buyer to pay Seller all sums due or to become due to Seller; (b) exercise any remedies allowed under applicable law. Buyer agrees that all remedies are cumulative and not exclusive. Seller’s delay or failure to enforce Seller’s rights is not a waiver of Seller’s rights and shall not prohibit Seller from enforcing the Seller’s rights.

8. Collection Fees and Costs: Buyer agrees to pay attorneys’ fees of fifteen (15%) percent and costs in the event Buyer defaults whether or not suit becomes necessary.

9. Force Majeure: Delay in delivery or non-delivery, in whole or in part, by Seller shall not be a breach of the sale if performance is made impracticable by the occurrence of one or more of the following contingencies: (a) Fires, Floods or other casualties; (b) Wars, Riots, Civil Commotion, Embargoes, governmental regulations or martial law; (c) Seller’s inability to obtain necessary materials; (d) Shortage of vehicles or delays in transit; (e) Existing or future strikes or other labor troubles affecting production or shipment, whether involving employees of Seller or employees of another, and regardless of the responsibility or fault on the part of the employer; and (f) Other contingencies of manufacture or shipment, whether or not of a class or kind mentioned herein and which are not reasonably within Seller’s control.

10. Right to Cease Sale of Goods: Nothing herein shall require the Seller to sell goods to Buyer, and Seller shall, in its sole discretion, have the right to cease selling goods to Buyer at any time.

11. Agreement Made: This agreement shall be deemed to have been made in the State of Georgia.

12. Severability. Wherever possible, each provision of this agreement shall be interpreted in such a manner as to be effective and valid. If a court, government agency or arbitrator(s) of competent jurisdiction renders any terms or provisions of this Agreement invalid, such invalidation shall not affect the validity of the remaining other terms or provisions and the invalid part shall be deemed not to be a part of this Agreement. If any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this Agreement. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, then the remainder of this Agreement or the application of such term, covenant or condition to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby and every other term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law.

13. Notice. Any written notice that may be required under this agreement, where specified, shall be mailed to the party to be notified at the address set forth herein by registered or certified mail, with postage prepaid and shall be deemed given when so made.

14. Choice of Law, Venue, and Jury Trial Waiver. THE AGREEMENT (A) HAS BEEN ACCEPTED BY SELLER IN, AND FOR ALL PURPOSES WILL BE DEEMED A CONTRACT ENTERED INTO IN, THE STATE OF GEORGIA, AND (B) WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA WITHOUT GIVING EFFECT TO THE PRINCIPLES OF CONFLICT OF LAWS THEREOF. SELLER AND BUYER EACH HEREBY SUBMIT TO THE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN BULLOCH COUNTY, GEORGIA, FOR PURPOSES OF ADJUDICATING ANY ACTION ARISING OUT OF OR RELATED TO THE ACCOUNT AND AGREEMENT, AND HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION TO THAT VENUE FOR ANY ACTION ARISING OUT OF OR RELATED TO THE AGREEMENT. SELLER RESERVES ITS RIGHT TO BRING SUIT IN ANY OTHER APPROPRIATE JURISDICTION. SELLER AND BUYER EACH IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL IN ANY LITIGATION ARISING FROM OR RELATED IN ANY WAY TO THE LEASE OR THE TRANSACTIONS CONTEMPLATED THEREBY IN WHICH SELLER AND BUYER ARE ADVERSE PARTIES.

15. Section Headings; Construction. The headings of Sections in this Terms and Conditions are provided for convenience only and will not affect its construction or interpretation. All references to “Section” or “Sections” refer to the corresponding Section or Sections of this Terms and Conditions unless otherwise specified. All words used in this Terms and Conditions will be construed to be of such gender or number as the circumstances require. Unless otherwise expressly provided, the words “hereof” and “hereunder” and similar references refer to this Terms and conditions in its entirety and not to any specific section or subsection hereof, the words “including” or “includes” do limit the preceding words or terms and the word “or” is used in the inclusive sense.

16. Survival of Termination. All rights and obligations of the parties accruing prior to termination of this agreement shall survive the termination.