IN THE CIRCUIT COURT FOR FREDERICK COUNTY MIDDLETOWN VALLEY BANK 24 West Main Street, PO. Box 75 Middletown, MD 21769 Plaintiff, v. Case No. JUSTICE FARMS OF NORTH CAROLINA, LLC 302 South Jefferson Street Roanoke, VA 24011 Serve on: CT Corporation System 4701 Cox Rd., Shite 285 Glen Allen, VA 23060 T: and JAMES JUSTICE, II 1716 Kanawha E. Charleston, WV ?25305 Defendants. COMPLAINT AND CONFESSION OF JUDGMENT Plaintiff, Middletown Valley Bank (the ?Lender? and/or ?Plainti??), by its undersigned counsel, hereby sues the Defendants, Justice Farms of North Carolina, LLC (?Borrower?) and James C. Justice :11 (the ?Guarantor?), and for its causes of action states as" follows: [an-ties and JILisdictinn l. The Lender is a banking corporation organized under the laws of the State of Maryland. 99 r. i F) 2. The Borrower is a Virginia limited liability company doing business in Frederick County, State of Maryland, whose principal place of business is 302 S. Jefferson Street, Suite 600, Roanoke, Virginia 2401 1. 3. The Guarantor is a resident of the State of West Virginia with an address of 208 Dwyer Lane, Lewisburg, VA who transects business in Frederick County, Maryland. 4. Jurisdiction and venue are proper in this Court pursuant to Sections 6-103 and 6- 201 of the Courts and Judicial Proceedings Article, Annotated Code of Maryland. Jurisdiction and venue are also proper in this Court as the Borrower and the Guarantor have submitted to the jurisdiction and yenue of this Court under the terms and conditions of the loan documents at issue. Facts Common to All Counts 5. 1112016 the Lender extended ?four separate loans to the Borrower, each of which were guaran'teedby the Guarantor. 6. The ?rst of these was on April 28, 2016, when the Lender agreed to extend a loan to' the Borrdwer (the ?April Loan") pursuant to the terms of that certain Business Loan Agreement dated April 28, 2016 (the ?April A true and accurate copy of the April BLA is attached hereto as Exhibit A and is incorporated by reference herein. 7. The April Loan is evidenced by that certain Eight Hundred Sixty Two Thousand One Hundred Four Dollar Promissory Note dated April 28, 2016 (the ?April Note?) executed and delivered by the Borrower in favor of the Lender. A true and accurate copy of the April Note is attached hereto as and is incorporated by reference herein. 8. To induce Lender to extend the April Loan, the Guarantor executed and delivered that certain Commercial Guaranty. dated April 28, 2016 (the ?April Guaranty?, and together with the April Note, ithe April BLA and all other documents executed in connection therewith or -2- a 0 related thereto, the ?April Loan Documents?) absolutely and unconditionally guaranteeing the payment and performance of the April Note. A true and accurate copy of the April Guaranty is attached hereto as Exhibit and is incorporated by reference herein. 9. On June 10, 2016 the Lender extended a second loan to the Borrower (?The June Loan?) pursuant-to the terms of- that certain Business Loan Agreement dated June 10, 2016 (the June A .?true and accurate copy of the June BLA is attached hereto as Exhibit and is incorporated by reference herein. 10. The June Loan is evidenced by that certain Seven Hundred Seventeen Thousand Three Hundred Dollar Promissory Note dated June 10, 2016 (the ?June Note?) executed and delivered by the Borrower infavor of the Lender. A true and accurate cepy of the June Note is attadhed hereto as Exhibit and is incorporated by reference herein. 11. To induce Lender to extend the June Loan, the Guarantor executed and delivered that certain Commercial Guaranty dated June 10, 2016 (the ?June Guaranty? and together with the June Note, the June BLA and all .othi'er documents executed in connection therewith or related thereto, the ?June Loan Documents?) absolutely and unconditionally guaranteeing the payment. and performance of June Note. A true and accurate copy of The June Guaranty is attached hereto as. Exhibit and is incorporated by reference herein. 12. Orr August 5, 2016 the Lender extended a third loan to the Borrower (the ?AuguSt Loan?) pursuant to the terms of that certain Business Loan Agreement dated August 5, 2016 (the ?August true and accurate cepy of the August BLA is attached hereto as and is incorporated by reference herein. 13. The August Loan is evidenced by that certain Six Hundred Nineteen Thousand Two Hundred Seventy Two Dollar Promissory Note dated August 5, 2016 (the August Note?) executed and delivered by the Borrower in favor of the Lender. A true and -3- accurate copy of the August lilote is attached hereto as Exhibit and is incorporated by reference herein. 14. To induce Lendpr to extend the August Loan, the Guarantor executed and delivered that certain Commercial Guaranty dated August 5, 2016 (the ?August Guaranty? and together with theyAugust Note, the August BLA and all other documents executed in connection therewith or related thereto, th?e ?August Loan Documents?) absolutely and unconditionally guaranteeing the payment and plerformance of the August Note. A true and accurate copy of the August Guaranty is attached herleto as Emu and is incorporated by reference herein. 15. On October 25, 2016 the Lender extended a fourth and ?nal loan to the Borrower (the ?October Loan? and together with the April Loan, the June Loan, and the August Loan, the ?Loans?) pursuant to the terms of thatcertain Business Loan Agreement dated October 25, 2016 (the ?October A true! and accurate cepy of the October BLA is attached hereto as Bot?him and is incorporated by? reference herein. 16. The October Loan is evidenced by that certain Two Hundred Five Thousand Nine Hundred Seventy Five Dollar Promissory Note dated October 25, 2016 (the ?October Note?)u executed and? delivered by the Borrower in favor of the Lender. A true and accurate cepy of the October! Note is attached hereto as Exhibit and is incorporated by reference herein. i 1.7. To induce Lender to extend the October Loan, the Guarantor executed and delivered that certain Commelcial Guaranty dated October 25, 2016 (the ?October Guaranty? and together with the Octobe Note, the October BLA and all other documents executed in connection therewith or relTed thereto, the ?October Loan Documents?) absolutely and unconditionally guaranteeing the payment and performance of the October note. A true and accurate cepy of the October Guaranty is attached hereto as Exhibit and is incorporated by -4- reference herein, 18. The April Loan Documents, the June Loan Documents, the August Loan Documents and, the October Loan Documents shall be collectively referred to herein as the ?Loan Documents." 19. In or around April Of 2017, the Borrower and the Guarantor (together, the ?Obligors?) defaulted under the Loan Documents by, among other things, failing to make certain payments thereunder when and as due. 20. By letters dated April 13, 2017 and June 6, 2017 (together, the ?Demand Letter?) the Lender noti?ed the Obligors that it had exercised its right to declare all amounts outstanding under the Loan Documents to be inunediately due and payable and demanded immediate payment thereof, A true and accurate copy of the Demand Letter is attached hereto as Mill and is incorporated by reference herein. 21. The Obligors have failed, and continue to fail, to pay the obligations due under the Loan Documents in full. Count I: Confession of Judgment (Claim against Borrower under the April Note) 22. Each and every allegation contained in the foregoing paragraphs is incorporated by reference as if fully set forth herein. 23. Despite the Lender?s demand, the Borrower is in default and remains in default of the April Note by failing to pay all amounts due thereunder. 24. The Section entitled on. page 2 of the April Note provides in pertinent part as follows: CONFESSED JUDGMENT. UPON THE OCCURRENCE OF A DEFAULT, BORROWER HEREBY AUTHORIZES ANY ATTORNEY DESIGNATED BY LENDER OR ANY. CLERK OF ANY COURT OF RECORD TO APPEAR FOR BORROWER IN ANY COURT OF RECORD AND CONFESS JUDGMENT WITHOUT PRIOR HEARING AGAINST -5- THE BORROWER IN FAVOR OF LENDER FOR, AND IN THE AMOUNT OF, THE UNPAID BALANCE OF THE PRINCIPAL AMOUNT OF THIS NOTE, ALL INTEREST ACCRUED AND UNPAID THEREON, ALL OTHER AMOUNTS PAYABLE BY BORROWER TO LENDER UNDER THE TERMS OF THIS NOTE OR ANY OTHER SECURING 0R GUARANTYING THE OBLIGATIONS EVIDENCED BY THIS NOTE, COSTS OF SUIT, AND ALL REASONABLE FEES ACTUALLY INCURRED BY LENDER IN CONNECTION WITH ENFORCING ANY OF THE RIGHTS 0R REMEDIES HEREUNDER. 25. As of August 2017, the Borrower is indebted to the Lender under the April Note in the. amount of Six Hundred Ninety Three Thousand Four Hundred One Dollars and Eighty Cents calculated as follows: Principal: 683,855.57 Interest: 3 6,281.51 Attorneys? Fees incurred: 3,264.72 Total: QM Interest accrues on the unpaid principal balance at the rate of $156.72 per day after August 11, 2017. 26. In support of the Lender?s claim for attomeys? fees, as part of the indebtedness due under the April Note, attached hereto as Exhibit is the Lender?s Attorney Fee Af?davit, incorporated herein by reference. 1 WHEREFORE, Plaintiff, Middletown Valley.Bank,_ prays that a judgment by confessioo be entered in its favor and against Defendant, Justice Farms of North Carolina, LLC, in the amount of 'Six Hundred Ninety Three Thousand Four Hundred One Dollars and Eighty Cents together with pre-judgment interest at the rate of $156.72 per day after August 11, 2017 until the entry of judgment, post-judgment interest, additional attorneys" fees not yet 1 Plaintiff reserves its right to amend its claim for damages in these proceedings and include all additional, actual attorneys? fees and expense, incurred by Plaintiff in the prosecution of this matter as well as for the defense and enforcement of its default rights and remedies. Plaintiff further reserves its rights to claim attomeys? fees and collection expenses in all post-judgment collection action, other collection actions, foreclosure, or others suits and ancillary proceedings, to collect the indebtedness. -5- incurred, and costs. 27. Count II: Confession of Judgment (Claim against Borrower under the June Note) Each and every allegation contained in the foregoing paragraphs is incorporated by reference as if fully set forth herein. 28. Despite the Lender?s demand, the BOI-rower is in default and remains in default of the June Note by'failing to pay all amounts due thereunder. 29. The Section entitled on page 2 of the June Note provides in pertinent part as follows: 30. CONFESSED JUDGMENT. UPON THE OCCURRENCE OF A DEFAULT, BORROWER HEREBY AUTHORIZES ANY ATTORNEY DESIGNATED BY LENDER OR ANY CLERK OF ANY COURT OF RECORD TO APPEAR FOR BORROWER IN ANY COURT OF RECORD - AND CONFESS JUDGMENT WITHOUT PRIOR HEARING AGAINST THE BORROWER FAVOR 0F LENDER FOR, AND IN THE AMOUNT OF, THE UNPAID BALANCE OF THE PRINCIPAL AMOUNT OF THIS NOTE, ALL INTEREST ACCRUED AND UNPAID THEREON, ALL OTHER AMOUNTS PAYABLE BY BORROWER T0 LENDER UNDER THE TERMS OF THIS NOTE OR ANY OTHER SECURING 0R GUARANTYING THE OBLIGATIONS EVIDENCED BY THIS NOTE, COSTS OF SUIT, AND ALL REASONABLE FEES ACTUALLY INCURRED BY LENDER IN CONNECTION WITH ENFORCING ANY OF THE RIGHTS OR REMEDIES HEREUNDER. As of August 11, 2017, the Borrower is indebted to the Lender under the June Note in the amount of Five Hundred Eighty Six Thousand Five Hundred Nine Dollars and Fifty Four Cents calculated as follows: Principal: 579,007.27 Interest: 4,237.55 AttOrneys' Fees incurred: 3,264.72 Total: i Interest accrues on the unpaid principal balance at the rate of $132.69 per day after August 11, 2017. 31. In support of the Lender?s claim for attorneys? fees, as part of the indebtedness due under the June Note, attached hereto as Exhibit is the Lender?s Attorney Fee Affidavit. WHEREFORE, Plaintiff, Middletown Valley Bank, prays that a judgment by confession be entered in its favor and against Defendant, Justice Farms of North Carolina, LLC, in the amount of Five Hundred Eighty Six Thousand Five Hundred Nine Dollars and Fifty Four Cents together with ?pre-judgment interest at the rate of $132.69 per day after August 11, 2017 until the entry of judgment, post-judgment interest, additional attorneys? fees not yet incurred, and costs. Count Confession of Judgment (Claim against Borrower under the August Note) 32. Each and every allegation contained in the foregoing paragraphs is incorporated by reference as if fully set forth herein. 33. Despite the Lender?s demand,.the Borrower is in default and remains in default of the August Note by failing to pay all amounts due thereunder. 34. The Section entitled on page 2 of the August Note provides in'pertinent part as follows: CONFESSED JUDGMENT. UPON THE OCCURRENCE OF A DEFAULT, BORROWER HEREBY AUTHORIZES ANY ATTORNEY DESIGNATED BY LENDER OR ANY CLERK OF ANY COURT OF RECORD TO APPEAR FOR BORROWER IN ANY COURT OF RECORD AND CONFESS JUDGMENT WITHOUT PRIOR HEARING AGAINST THE BORROWER IN FAVOR LENDER FOR, AND IN THE AMOUNT OF, THE UNPAID BALANCE OF THE PRINCIPAL AMOUNT OF THIS NOTE, ALL INTEREST ACCRUED AND UNPAID THEREON, ALL OTHER AMOUNTS PAYABLE BY BORROWER TO LENDER UNDER THE TERMS OF THIS NOTE OR ANY OTHER SECURING OR GUARANTYING THE OBLIGATIONS EVIDENCED BY THIS NOTE, COSTS OF SUIT, AND ALL REASONABLE FEES ACTUALLY IN CURRED BY LENDER IN CONNECTION WITH ENFORCING ANY OF THE RIGHTS OR REMEDIES HEREUNDER. 35. As of August 11, 2017, the Borrower is indebted to the Lender under the August -3- . a 0 Note in the amount of Five Hundred Twenty Two Thousand Five Hundred Sixty Seven Dollars and Twenty One?! Cents calculated as follows: .1. Principal: 514,881.98 Interest: 35 4,420.5 I Attorneys? Fees incurred: 3,264.72 . Total: i Interest accrues on the unpaid principal balance at the rate of $119.42 per day after August 11, 2017. 36. In support of the Lender?s claim for attorneys? fees, as part of the indebtedness due under the August Note, attached hereto as Exhibit is the Lender?s Attorney Fee Af?davit. WHEREFORE, Plaintiff, Middletown Valley Bank, prays that a judgment by confession be entered in its favor and against Defendant, Justice Farms of North Carolina, LLC, in the amount of Five Hundred Twenty Two Thousand Five Hundred Sixty Seven Dollars and Twenty One Cents together with pro-judgment interest at the rate of $1 19.42 per day after August 11, 2017: until the entry of judgment, post-judgment interest, additional attorneys? fees not yet incurredjand costs. Count IV: Confession .of Judgment (Claim against Borrower under the October Note) 37. Each and every allegation contained in the foregoing paragraphs is incorporated by reference as if fully set forth herein. 38. Despite the Lender?s demand, the Borrower is in default and remains in default 0f the October Note by failing to pay all amounts due thereunder. 39. The Section entitled on page 2 of the October Note provides in pertinent-part as follows: CONFESSED JUDGNLENT. UPON THE OCCURRENCE OF A DEFAULT, HEREBY AUTHORIZES ANY ATTORNEY DESIGNATED BY LENDER OR ANY CLERK OF ANY COURT OF -9- 0 RECORD TO APPEAR FOR BORROWER IN ANY COURT OF RECORD AND CONFESS JUDGNIENT WITHOUT PRIOR HEARING AGAINST THE BORROWER IN FAVOR OF LENDER FOR, AND IN THE AMOUNT OF, THE UNPAIDBALAN CE OF THE PRINCIPAL AMOUNT OF THIS NOTE, ALL INTEREST ACCRUED AND UNPAID THEREON, ALL OTHER AMOUNTS PAYABLE BY BORROWER TO LENDER UNDER THE TERMS OF THIS NOTE OR ANY OTHER SECURING 0R GUARANTYING THE OBLIGATIONS EVIDENCED BY THIS NOTE, COSTS OF SUIT, AND- ALL REASONABLE FEES ACTUALLY INCURRED BY LENDER IN CONNECTION WITH ENFORCING ANY OF THE RIGHTS OR REMEDIES HEREUNDER. 40. As of August 1 1, 2017, the Borrower'is indebted to the Lender under the October Note in the amount of One Hundred Eighty Eight Thousand Two Hundred Eighty Five Dollars and Thirty Nine Cents calculated as follows: Principal: 182,266.24 Interest: :5 1,988.09 Late Charges: 766.34 Attorneys? Fees incurred: 3,264.72 Total: a Interest accrues on the unpaid principal balance at the rate of $42.27 per day after August 11. 2017. 41. In support of the Lender?s claim for attorneys? fees, as part of the indebtedness due under the October Note, attached hereto as Exhibit is the Lender?s Attorney Fee Af?davit. WHEREFORE, Plaintiff, Middletown Valley Bank, prays that a judgment by confession be entered in its favor and against Defendant, Justice Farms of North Carolina, LLC, in the amount of One Hundred Eighty Eight Thousand Two Hundred Eighty Five Dollars and Thirty Nine Cents together with pro-judgment interest at the rate of $42.27 per day a?er August 11. 2017 until the entry of judgment, post-judgment interest, additional attorneys? "fees not yet incurred, and costs. Count V: Confession of Judgment (Claim against Guarantor under the April Guaranty) -10.. 42. 0? Each and every allegation contained in the foregoing paragraphs is incorporated by reference as if ?illy set forth herein. 43. Despite the Lender?s demand, the Guarantor is in default and remains in default of the April Guaranty by failing to pay all amounts due thereunder. 44. The Section entitled on page 2 of the April Guaranty prOVidles in pertinent part as follows: 45. CONFESSED JUDGMENT. UPON THE OCCURRENCE OF A DEFAULT ON THE INDEBTEDNESS, GUARANTOR HEREBY AUTHORIZES ANY ATTORNEY DESIGNATED BY LENDER OR ANY CLERK OF ANY COURT OF RECORD TO APPEAR FOR GUARANTOR IN ANY COURT OF RECORD AND CONFESS JUDGMENT WITHOUT PRIOR. HEARING AGAINST THE GUARANTOR IN FAVOR 0F LENDER FOR, AND IN THE AMOUNT OF, THE UNPAID BALANCE OF THE PRINCIPAL AMOUNT OF THIS GUARANTY, ALL INTEREST ACCRUED AND UNPAID THEREON, ALL OTHER AMOUNTS PAYABLE BY GUARANTOR T0 LENDER UNDER THE TERMS OF THIS GUARANTY OR ANY - OTHER SECURING OR GUARANTYING TI-IE OBLIGATIONS EVIDENCED BY THIS GUARANTY, COSTS OF SUIT, AND ALL REASONABLE FEES ACTUALLY INCURRED BY LENDER IN CONNECTION WITH ENFORCING ANY OF THE RIGHTS OR REMEDIES HEREUNDER. As of August 10, 2017, the Guarantor is indebted to the Lender under the April Guaranty in the amount of Six Hundred Ninety Three Thousand Four Hundred One Dollars and Eighty Cents calculated as follows: Principal: 683,855.57 Interest: 33 6,281.51 Attorneys? Fees incurred: 3,264.72 Total: i Interest accrues on the unpaid principal balance at the rate of $156.72 per day after August 11, 2017. 46. In. support of the Lender?s claim for attorneys? fees, as part of the indebtedness due under the April Guaranty, attached hereto as Exhibit is the Lender?s Attorney Fee -11- (-3 Af?davit. WHEREFORE, Plaintiff, Middletown Valley Bank, prays that a judgment by confession be entered in its favor and against Defendant, James C. Justice, H, in the amount of Six Hundred Ninety Three Thousand Four Hundred One Dollars and Eighty Cents together with pro?judgment interest at the rate of $156.72 per day after August 11, 2017 until the entry of judgment, post-judgment interest, additional attorneys? fees not yet incurred, and costs. Quint VI: Confession of gdgment (Claim against Guarantor under the June Guaranty) 47. Each and every allegation contained in the foregoing paragraphs is incorporated by reference as if fully set forth herein. 48. Despite the Lender?s demand, the Guarantor is in default and remains in default of the June Guaranty by failing to pay all amounts due thereunder. 49. The Section entitled on page 2 of the June Guaranty provides in pertinent part as follows: CONFESSED JUDGMENT. UPON THE OCCURRENCE OF A DEFAULT ON THE INDEBTEDNESS, GUARANTOR HEREBY AUTHORIZES ANY ATTORNEY DESIGNATED BY LENDER OR ANY CLERK OF ANY COURT OF RECORD TO APPEAR FOR GUARANTOR IN ANY COURT OF RECORD AND CONFESS JUDGMENT WITHOUT PRIOR HEARING AGAINST THE GUARANTOR IN FAVOR OF LENDER FOR, AND IN THE AMOUNT OF, THE UNPAID BALANCE OF THE PRINCIPAL AMOUNT OF THIS GUARANTY, ALL INTEREST ACCRUED AND UNPAID THEREON, ALL OTHER AMOUNTS PAYABLE BY GUARANTOR TO LENDER UNDER THE TERMS OF THIS GUARANTY OR ANY OTHER SECURING OR GUARANTYING THE OBLIGATIONS EVIDENCED BY THIS GUARANT Y, COSTS OF SUIT, AND ALL REASONABLE FEES ACTUALLY INCURRED BY LENDER IN CONNECTION WITH ENFORCING ANY OF THE RIGHTS OR REMEDIES HEREUNDER. 50. As of August 10, 2017, the Guarantor is indebted to the Lender Under the June Guaranty in the amount Five Hundred Eighty Six Thousand Five Hundred Nine Dollars and Fifty Four Cents calculated as follows: -1 2- 0 Principal: 579,007.27 Interest: 4,237.55 Attorneys? Fees incurred: 3,264.72 Total: Interest accrues ion the unpaid principal balance at the rate of $132.69 per day a?er August 11, 2017. 51. In support of the Lender?s claim for attorneys? fees, as part of the indebtedness due under the June Guaranty, attached hereto as Exhibit is the Lender?s Attorney Fee Af?davit. WHEREFORE, Plaintiff, Middletown Valley Bank, prays that ajudgment by confession be entered in its favor and against Defendant, James C. Justice, II, in the amount of Five Hundred Eighty Six Thousand Five Hundred Nine Dollars and Fifty Four Cents together with pre?judgment interest at the rate of $132.69 per day after August 11, 2017 until the entry of judgment, post-j udgment interest, additional attomeys? fees not yet incurred, and costs. Count VII: Confession of Judgment (Claim against Guarantor under the August Guaranty) 52. Each and every allegation contained in the foregoing paragraphs is incorporated by reference as if fully set forth herein. 53. Despite the Lender?s demand, the Guarantor is in default and remains in default of the AugustGuaranty by failing to pay all amounts due thereunder. S4. The Section entitled on page 2 of the August Guaranty provides in pertinent part as follows: CONFESSED JUDGMENT. UPON THE OCCURRENCE OF A DEFAULT ON THE INDEBTEDNESS, GUARANTOR HEREBY AUTHORIZES ANY ATTORNEY DESIGNATED BY LENDER OR ANY CLERK OF ANY COURT OF RECORD TO APPEAR FOR GUARANTOR IN ANY COURT OF RECORD AND CONFESS JUDGMENT WITHOUT PRIOR HEARING AGAINST THE GUARANTOR IN FAVOR OF LENDER FOR, AND IN THE AMOUNT OF, THE UNPAID BALANCE OF THE -13- r) AMOUNT OF THIS GUARANTY, ALL INTEREST ACCRUED AND UNPAID THEREON, ALL OTHER AMOUNTS PAYABLE BY GUARANTOR TO LENDER UNDER THE TERMS OF THIS GUARANTY OR ANY OTHER SECURING OR GUARANTYING THE OBLIGATIONS EVIDENCED - BY THIS GUARANTY, COSTS OF SUIT, AND ALL REASONABLE FEES ACTUALLY INCURRED BY LENDER IN CONNECTION WITH ENFORCIN ANY OF THE RIGHTS OR REMEDIES HEREUNDER. 55. As of August 10, 2017, the Guarantor is indebted to the Lender under the August Guaranty in the-amount of Five Hundred Twenty Two Thousand Five Hundred Sixty Seven Dollars and Twenty One Cents calculated as follows: Principal: 514,881.93 Interest: 4,420.51 Attorneys? Fees incurred: 3,264.72 Total: Interest accrues on the unpaid principal balance at the rate of $119.42 per day after August 11, 2017. 56. In support of the Lender?s claim for attorneys? fees, as part of the indebtedness due under the August Guaranty, attached hereto as Exhibit is the Lender?s Attorney Fee Affidavit. WHEREFORE, Plaintiff, Middletown Valley Bank, prays that a judgment by confession be entered in its favor and against Defendant, James C. Justice, II, in the amount of Five Hundred Twenty Two Thousand Five Hundred Sixty Seven Dollars and Twenty One Cents together with pre-judgment interest at the rate of $119.42 per day after August 11, 2017 untiI the entry of judgment, post-judgment interest, additional attorneys? fees not yet incurred, and costs. Count Confession of Judgment (Claim against Guarantor under the October Guaranty) 57. Each and every allegation contained in the foregoing paragraphs is incorporated -14- by reference as if fully set forth herein. 58. Despite the Lender?s demand, the Guarantor is in default and remains in default of the October Guaranty by failing to pay all amounts due thereunder. 59. The Section entitled on page 2 of the October Guaranty provides in pertinent part as follows: 60. CONFESSED JUDGMENT. UPON THE OCCURRENCE OF A DEFAULT ON THE INDEBTEDNESS, GUARAN TOR HEREBY AUTHORIZES ANY ATTORNEY DESIGNATED BY LENDER OR ANY CLERK OF ANY COURT OF RECORD TO APPEAR FOR GUARANTOR IN ANY COURT OF RECORD AND CONFESS JUDGIVIENT WITHOUT PRIOR HEARING AGAINST THE GUARANTOR IN FAVOR OF LENDER FOR, AND IN THE AMOUNT OF, THE UNPAID BALANCE OF THE PRINCIPAL AMOUNT OF THIS GUARANTY, ALL INTEREST ACCRUED AND UNPAID THEREON, ALL OTHER AMOUNTS PAYABLE BY GUARANTOR TO LENDER UNDER THE TERMS OF THIS GUARAN TY OR ANY. OTHER SECURING OR GUARANTYING THE OBLIGATIONS EVIDENCED BY THIS GUARANTY, COSTS OF SUIT, AND ALL REASONABLE FEES ACTUALLY INCURRED BY LENDER IN CONNECTION WITH ENFORCING ANY OF THE RIGHTS OR REMEDIES HEREUNDER. As of August 10, 2017, the Guarantor is indebted to the Lender under the October Guaranty in the .. amount of One Hundred Eighty Eight Thousand Two Hundred Eighty Five Dollars and Thirty Nine Cents calculated as follows: Principal: 1 82,266.24 Interest: 33 1,988.09 Late Charges: 766.34 Attorneys? Fees incurred: 3,264.72 Total: 8 ELEM Interest accrues on the unpaid principal balance at the rate of $42.27 per day after August 11. 2017. 61. Insupport of the Lender?s claim for attorneys? fees, as part of the indebtedness due under the October Guaranty, attached hereto as Exhibit is the Lender?s Attorney Fee Af?davit. -15- WHEREFORE, Plaintiff, Middletown Valley Bank, prays that a judgment by confession be entered in its favor and against Defendant, James C. Justice, II, in the amountof One Hundred Eighty Eight Thousand Two Hundred Eighty Five Dollars and Thirty Nine Cents together with pie-judgment interest at the rate of $42.27 per day a?er August 11. 2017 until the entry of udgmerit, post-j udgment interest, additional attorneys? fees not yet incurred, and costs. Respectfully submitted, Ainx/ Date: August 22, 2017 \IiBradley Protection 0812160094 nberg Martin Greenberg, LLP 25 outh Charles Street, 21?1 Floor Baltimore, MD 21201 410027-6600 Attorneys for PlaintifMiddIetown Valley Bank