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ELECTRONICALLY FILED
Superior Court of California,
County of Placer
10/16/2020
Steven M. Koch, #222938 By: LaurelSanders, Deputy Clerk
KOCH, DEGN & GOMEZ LLP
1148 N. Chinowth Street, Suite B
Visalia, CA 93291
Telephone: (559) 740-7665
Facsimile: (559) 740-7667
Attorneys for Plaintiff Helena Agri-Enterprises, LLC fka Helena Chemical Company
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER, CIVIL DIVISION
HELENA AGRI-ENTERPRISES, LLC fka Case No. SCV0044635
HELENA CHEMICAL COMPANY, DECLARATION OF RON BARNETT IN
SUPPORT OF MOTION FOR
APPLICATION FOR WRIT OF
Plaintiff,
ATTACHMENT AND ATTACHMENT
y ORDER (MADISON FARMS)
Novem ber 13, 2020
September18,2020.
SUMANPREET SINGH AND MADISON Date:
FARMS, INC., and Does | to 50, Time: 8:30 a.m.
Dept.: 3
Defendants.
I,Ron Barnett, declare and state as follows:
1. 1am the Northern California Credit Manager for Plaintiff HELENA AGRI-
ENTERPRISES, LLC fka HELENA CHEMICAL COMPANY (hereinafter “HELENA”). All the
records attached hereto are true and correct copies of the original as they have been stored,
maintained and generated in the normal course of the HELENA’s business and are the type of
documents that HELENA uses in itsnormal course of business. All the entries made on the
documents were made at or near the time the transaction occurred, were done by employees who
26 -|-
KOCH, DEGN
DECLARATION OF RON BARNETT IN SUPPORT OF MOTION
& GOMEZ LLP FOR APPLICATION FOR WRIT OF ATTACHMENT (MADISON FARMS)
ATTORNEYS AT LAW
VISALIA,CA
had a duty to perform these tasks accurately and were trained to do so. I make this declaration of
my own personal knowledge or I have obtained such knowledge from reviewing the records of
HELENA for which I am the designated Custodian of Records. I make this declaration in support
of a pre-judgment writ of attachment on behalf of HELENA and against MADISON
FARMS, INC. (hereinafter “MADISON”).
6 2. Attached hereto as Exhibit “A” isa true and correct copy of the credit application
between the Plaintiff HELENA and the Defendant MADISON. Under the agreement, HELENA
“I
would furnish agricultural chemicals on credit to the Defendant who in turn agreed to pay in
accordance with the terms of the invoices. The Defendant, on its credit application, indicates that
10 it isinvolved in the farming industry as a commercial enterprise. Thus, the extension of credit
Ld between HELENA and MADISON was for a commercial account based upon farming activities.
12 Each invoice generated after the application for credit and agreement to pay is an addendum to it.
3. Attached hereto as Exhibit “B” is a true and correct copy of the statement of account
14 and the unpaid invoices for MADISON. This exhibit includes the invoice date, invoice number
15 and the current balance on each invoice. The invoices that are unpaid total $116,141.41.
16 HELENA isseeking a Writ of Attachment in the amount of $116,141.41 plus anticipated costs of
17 $1,000.00 and attorneys fees of $10,000.00 for a total of $127,141.41.
18 4. Attached hereto as Exhibit “C” isa summary of the account showing a balance of
19 $116,141.41 in unpaid invoices. This amount is greater than $500.00. This debt is not secured by
20 real or personal property. All of the invoices shown on Exhibit B are past due which isa breach
21 of the credit application and the terms thereof.
22 5. Ipersonally reviewed each document attached to the Application for Writ of
23 Attachment. These exhibits and the application are true and accurate to the best of my knowledge
24 and reflect the outstanding amount for this account. I have no information or reasons to believe
25 that the prosecution of this action against MADISON is stayed under any bankruptcy proceeding.
26 20%
DECLARATION OF RON BARNETT IN SUPPORT OF MOTION
& GOMEZLLP FOR APPLICATION FOR WRIT OF ATTACHMENT (MADISON FARMS)
ATTORNEYS AT LAW.
VISALIA,
CA
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this 22% day of July, 2020 at Visalia, California.
Ron
fom
Barnett
[hint
10
11
12
13
14
16
17
18
19
20
21
22
23
24
25
26 3s
KOCH, DEGN DECLARATION OF RON BARNETT IN SUPPORT OF MOTION
& GOMEZ LLP FOR APPLICATION FOR WRIT OF ATTACHMENT (MADISON FARMS)
ATTORNEYS AT LAW
VISALIA,
CA
EXHIBIT “A”
AW
APPLICATION FOR CREDIT
a’
© PS
PLEASE COMPLETE ALL REQUESTED INFORMATION FOR APPLICATION TO BE PROCESSED
1_
APPLICANT INFORMATION
Applicant
Name (complete
name of company
orindividual) Type Entity
of Business &
Cooperative
‘COC ChapterS Corp. ()Partnersmp Oimited Pannership
Madison Farms, Inc. © Propriciorship © Corporation O Limited Company
Liability Other]
Name UnderWhichApplicant
DoesBusiness:
Madison Farms, Inc.
(Mailing)
Address
Street City County Number
Security
Social ID (if applicable)
/ Tax
1457 GreyOwl Circle Roseville Placer
State Zip Telephone Fax Ismail
CA 95661 916-410-7974 sp.novoresearch@gmail.com
above)
from YearsinBusiness
(if different
Address
Shipping
Restricted
Pesticide
Permit
Number Expiration
Date
CORPORATION OFFICERS/PARTNERS/MEMBERS (if L.L.C.)
Contact/Title Order
Purchase Required()Yes Oho Buyer
Sumanpreet Singh
Name/Title Address Number
‘Yelephone
Biteof Organization Tax
Federal 1. D.# Co.
Parent (if subsidiary)
1.BUSINESS INFORMATION - FARMER BUSINESS
1]. INFORMATION — DEALER
AcresOwned AcresLeased Sales
Total
AcresFarmed Lender % Retail
Crop
Approximate Mix: % Wholesale
1 Acres} Sq.
Warchouse Ft.
2. Acres 1.Owned
3 Acres 2 Leased
4. Acres| Time
Full Employees
II,CREDIT INFORMATION
A. BANK REFERENCES (Whereapplicable, bank
list Line
providing Loans
of Credit, and Banking
Checking. Farm
References, FMHA)
Credit,
Name Address Telephone Number
Account *
Bank
1
2
B.TRADE REFERENCES (Must at
include least fertilizer,
agri-businesses—
2 other etc.}
seed,
chemicals,
Name Address) Telephonc AccountNumber
'.HelenaAgri-Enterprise Yuba City
>
Has Ever
Applicant Bankruptcy”
Filed Oves ©No When
If Yes,
Does Have
Applicant Any Judgments
Outstanding orLiens? © Yes © No
If Yes,
PleascExplain
IV CREDIT REQUEST
1,Credit
Limit
Requested
* Attach
mostrecent
financial
staiement
if eredit
requested
is over
$50,000.
means
“apphcant” includes (excep!
and individual signing, this
roquires) each
as the comtear otherwise Applicant
in applicant.
as applicant or as @ pariner
Application this information to
offers
hereby
V. As in this Application,
used
ake
1.1.C
Agri-Enterpnses,
Helena Company
Chermcal
Ilclene 10 induce
(“Telena”) for
consideration hereby
Applicant
credit and
acknowledges to all
agrees this
wathin
terms the
that
certfies
Applicant
request. information
in its sole discreuon,
may, Applicant fo Helena
represents and warrants
grant credit. deny credit, decrease credit limits or increase credit limits will
thet all transactions
and
1s uc
submited coneet Helena
that
understands
Applicant
for commercial
be solety snd
purpases toan
not be subject
wall only
applicable
laws and
wansachons,
to consumer all requiremems
waives
applicant laws
such
of any Helena
authorizes
Applicant credit
applicant's
to unvesugate
by Helena
made
with credit decisions
in connection mayinclude
Such invesbgation
from time to ime in the future, from
information own
Helena’s industry trade
including
sources,
this Applicaton and
with
in connection
background
and
groups associations, sources
from
as well as information Applicem
by applicant
provided its bank
authorizes mevtuuion
oiher
and any it has
with which
oF agency 10release
financsal arrangements financial and other
to Helena
regarding
information Each
applican. as applicant
individual signing this Application is» sole proprietorship)
(# applicant (if applicast
or as a partner in appliceat authorizes
is» partnership), a consumer
to obtain
Helena
on
report
credit that gpg
iadividusl that
to use and
report information
sll orotherwise
therein
coatained frone
obtained reporting
a comumer ia
agency credit
the as
process
evaluation Helena or
necessary
detans
aothorizes
and
imstrocts
such individual, further,
Zagh
time to time
from
appropriate reporting
any consumer a consumer
to Furnish
agency individual
report on sach and
Execution
to Heleua, delivery of this document
is
entered
all agreements with
connection the transactioa (the Agreements")
herein
set forth or portable
by delivery of a factimile copy
(“PDF”)
format
document the
bearing or PDF
facsimile of
signature
and
any com:
sball
party hereto and
execution
2 valid and binding of any
delivery by such
of the Agreemeats PDF
fersimile and
party. Such original documents.
enforceable
copies shall constitute
Dec YL, 7/19 Date
Customer/Autharifc
GA ignature
(on
behalfof Applicant) Customer‘Authorized
Signature
(on
behalfof Applicant)
President
Title “Title
VILSALESMAN Credit
LimitRequested $
Credit
LimitApproved $ CT Uv flan ha 7 ) ty
“"'THiclow
Dotied
Linc
ForHelens
Credit
Depariment
Use
+
HELENALOCATION . SALESPERSON
NAMEi NUMBER
{ ) RESELLER J ty ©
YERNMENT ‘STATE { ) GOVERNMENT- FEDERAL
{ )ENDUSER
UW)NAME CHANGEACCT? { ACCT #.
) UPDATE,
{NEW ACCLA BY/DATF.
APPROVEDLIMIT TERMS { ) DECLINED
( 1 CR
COMMENTS
Rey.04/2018
(HELENA) CREDIT SALES AND SERVICES AGREEMENT
now
credit,
extended
in CONSIDERATIONof being or for purchases
in the future, from
of products LLC,
Agri-Enterprises,
Helena akaHelena
limited liability company,
@ Delaware Company
Chemical
“Helena’),
(hereinafter purchaser
the undersigned
Madison Farms, !nc.
of residence
place
his (its) principa!
having at
or business1457Grey OwlCircle, CA
Roseville, 95661 agrees
as follows:
1. Toassumeresponsibility
forpayment
of all purchases
of products
andservices
(hereinafter FOR ANY PARTICULAR PURPOSE OR WARRANTY AGAINST INFRINGEMENT,
“Products”
or “Services") made
bythe
purchaser
or his (its) agents
for which
creditis
extended AND NO SUCH WARRANTIES SHALL BE IMPLIED BY LAW OR OTHERWISE.
by Helena
andto pay
all applicable
salesor simia:
taxes not collected
andpaidbyHelena. THE EXCLUSIVE REMEDY AGAINST HELENA, ITS OFFICERS,DIRECTORS,
Toavoidbeing
assessed
a time
price
differential
(‘Finance
Charge’),
thepurchase
price EMPLOYEES, AGENTS AND/ORAFFILIATESFOR ANY CAUSE OF ACTIONBY OR
of each
Product or Service
mustbe paid
in full and
credited
to purchaser's
account
within
thirty ON BEHALF OF PURCHASER RELATINGTO ANY RECOMMENDATION, SALE,
(30)
daysfrom
the date
of Helena’s
first monthly
stalement
reflecting such
purchase.
Anysuch HANDLING,USE OR PERFORMANCE OF THE ABOVE GOODS OR THE PROVIDING
amountnot paki within
thefimeframe
set forth in this
Paragraph
2 ("Remaining
Balance")
shal OF SERVICESOR ANY OTHER TRANSACTIONRELATED THERETO ISACLAIMFOR
be assessed
a Finance
Charge. DAMAGES AND INNO EVENT SHALL DAMAGES OR ANY OTHER RECOVERY OF
AFinanceCharge,
computed
atthe
rate
shownin the
following
schedule,
wilbeassessed ANY KIND AGAINSTHELENA,ITS OFFICERS,DIRECTORS, EMPLOYEES,AGENTS
anddueon the Remaining
Balance
from
the date
of the first
monthly
statement
reflecting suchAND/OR AFFILIATES
EXCEEDTHE PRICE OFTHE SPECIFIC GOODS OR SERVICES
purchase
until payment
is received in full by Helena
andcredited
to purchaser's
account.
The WHICH CAUSE THEALLEGED LOSS,DAMAGE, INJURYOR OTHER CLAIM.NEITHER
Finance
Chargewill
be reflected
beginning
onthesecondmonthly
statement
following
the HELENA NOR ANY SUCH OF ITS OFFICERS,DIRECTORS, EMPLOYEES,AGENTS
purchase
oftheProduct(s)
orService(s)
andwill
bereflected
oneachmonthly
statement ANDIOR AFFIUATES SHALL BE LIABLEAND ANY AND ALL CLAIMS AGAINST
thereafter
until full payment
hasbeen
credited
to purchaser's
account HELENA, ITSOFFICERS,DIRECTORS,EMPLOYEES, AGENTS AND/OR AFFILIATES
ARE WAIVEDFOR SPECIAL,
INDIRECT,
INCIDENTALOR CONSEQUENTIALDAMAGES,
FINANCECHARGE SCHEDULE OR EXPENSES, OF ANY NATURE,INCLUDING,BUT NOT LIMITEDTO,LOSS OF
A periodic
rate
of __1.5, % permonth,
which
is an
ANNUAL PERCENTAGERATE PROFITSOR INCOME,CROP OR PROPERTY LOSS OR DAMAGE, LABOR CHARGES
equal
to 18.0 %,or the maximum
rate
allowed
bylaw, whichever
is less. AND FREIGHTCHARGES, WHETHER OR NOT BASED ON HELENA'S,ITSOFFICERS,
DIRECTORS, EMPLOYEES,AGENTS AND/OR AFFILIATES’NEGLIGENCE,BREACH
This
Credit
Sales
andServices Agreement
(hereinafter
Agreement’)
shall take
effect when
(i) OF WARRANTY, STRICTLIABILITY
INTORT OR ANY OTHER CAUSE OFACTION.
the undersigned
purchaser
purchases
Products
and/or
Services
fromHelena
pursuant
to this NO LIABILITY
HEREUNDER SHALLBE ASSERTED UNLESS ANY LOSS, DAMAGE,
Agreement,
and(ii) Helena
extends
credit to the Purchaser
for that transaction. INJURYOR OTHERCLAIM IS REPORTED
TO HELENA INWRITINGWITHINTHIRTY(30)
All payments
made by the
purchaser
will
beapplied
asprovided
for in the
remittance
advice DAYS AFTERDISCOVERY.AND THEFAILURETO GIVE NOTICETO HELENA OFANY
fumished
by purchaserto Helena.
In the
event purchaser
does
nolprovide
remittance
advice, CLAIMWITHIN SUCHPERIOD SHALLCONSTITUTE AN ABSOLUTE UNCONDITIONAL
payments
will be
applied
asHelena
deemsappropriate,
in Helena’s
sole discretion. WAIVEROF SUCH CLAIM.
Intheevent
thepurchaser
fails
to
make payments
asrequired
underParagraph
2ofthis13, Purchaser
agrees
that
all Products
andServices
arepurchased
forpurchaser's
ownuse.
To
Agreement,
theaccount
may beconsidered
byHelena,
atits option,
tobe in
default,
and theextent,
if any,
purchaser's
useof such
Products
and Services
is for
orinvolves
others,
Helena
may elect to declare
any amounts
outstanding
immediately
dueandpayable,
and
the purchaser
agrees
thatHelena’s
Termsand Conditions
of Sale-Limited
Warranty
and
purchaser
shall
beresponsible
for the
paymentof all costs
of collection
incured
byHelena, Limitation
of Liability
Preview
ELECTRONICALLY FILED Superior Court of California, County of Placer 10/16/2020 Steven M. Koch, #222938 By: LaurelSanders, Deputy Clerk KOCH, DEGN & GOMEZ LLP 1148 N. Chinowth Street, Suite B Visalia, CA 93291 Telephone: (559) 740-7665 Facsimile: (559) 740-7667 Attorneys for Plaintiff Helena Agri-Enterprises, LLC fka Helena Chemical Company IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER, CIVIL DIVISION HELENA AGRI-ENTERPRISES, LLC fka Case No. SCV0044635 HELENA CHEMICAL COMPANY, DECLARATION OF RON BARNETT IN SUPPORT OF MOTION FOR APPLICATION FOR WRIT OF Plaintiff, ATTACHMENT AND ATTACHMENT y ORDER (MADISON FARMS) Novem ber 13, 2020 September18,2020. SUMANPREET SINGH AND MADISON Date: FARMS, INC., and Does | to 50, Time: 8:30 a.m. Dept.: 3 Defendants. I,Ron Barnett, declare and state as follows: 1. 1am the Northern California Credit Manager for Plaintiff HELENA AGRI- ENTERPRISES, LLC fka HELENA CHEMICAL COMPANY (hereinafter “HELENA”). All the records attached hereto are true and correct copies of the original as they have been stored, maintained and generated in the normal course of the HELENA’s business and are the type of documents that HELENA uses in itsnormal course of business. All the entries made on the documents were made at or near the time the transaction occurred, were done by employees who 26 -|- KOCH, DEGN DECLARATION OF RON BARNETT IN SUPPORT OF MOTION & GOMEZ LLP FOR APPLICATION FOR WRIT OF ATTACHMENT (MADISON FARMS) ATTORNEYS AT LAW VISALIA,CA had a duty to perform these tasks accurately and were trained to do so. I make this declaration of my own personal knowledge or I have obtained such knowledge from reviewing the records of HELENA for which I am the designated Custodian of Records. I make this declaration in support of a pre-judgment writ of attachment on behalf of HELENA and against MADISON FARMS, INC. (hereinafter “MADISON”). 6 2. Attached hereto as Exhibit “A” isa true and correct copy of the credit application between the Plaintiff HELENA and the Defendant MADISON. Under the agreement, HELENA “I would furnish agricultural chemicals on credit to the Defendant who in turn agreed to pay in accordance with the terms of the invoices. The Defendant, on its credit application, indicates that 10 it isinvolved in the farming industry as a commercial enterprise. Thus, the extension of credit Ld between HELENA and MADISON was for a commercial account based upon farming activities. 12 Each invoice generated after the application for credit and agreement to pay is an addendum to it. 3. Attached hereto as Exhibit “B” is a true and correct copy of the statement of account 14 and the unpaid invoices for MADISON. This exhibit includes the invoice date, invoice number 15 and the current balance on each invoice. The invoices that are unpaid total $116,141.41. 16 HELENA isseeking a Writ of Attachment in the amount of $116,141.41 plus anticipated costs of 17 $1,000.00 and attorneys fees of $10,000.00 for a total of $127,141.41. 18 4. Attached hereto as Exhibit “C” isa summary of the account showing a balance of 19 $116,141.41 in unpaid invoices. This amount is greater than $500.00. This debt is not secured by 20 real or personal property. All of the invoices shown on Exhibit B are past due which isa breach 21 of the credit application and the terms thereof. 22 5. Ipersonally reviewed each document attached to the Application for Writ of 23 Attachment. These exhibits and the application are true and accurate to the best of my knowledge 24 and reflect the outstanding amount for this account. I have no information or reasons to believe 25 that the prosecution of this action against MADISON is stayed under any bankruptcy proceeding. 26 20% DECLARATION OF RON BARNETT IN SUPPORT OF MOTION & GOMEZLLP FOR APPLICATION FOR WRIT OF ATTACHMENT (MADISON FARMS) ATTORNEYS AT LAW. VISALIA, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 22% day of July, 2020 at Visalia, California. Ron fom Barnett [hint 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 3s KOCH, DEGN DECLARATION OF RON BARNETT IN SUPPORT OF MOTION & GOMEZ LLP FOR APPLICATION FOR WRIT OF ATTACHMENT (MADISON FARMS) ATTORNEYS AT LAW VISALIA, CA EXHIBIT “A” AW APPLICATION FOR CREDIT a’ © PS PLEASE COMPLETE ALL REQUESTED INFORMATION FOR APPLICATION TO BE PROCESSED 1_ APPLICANT INFORMATION Applicant Name (complete name of company orindividual) Type Entity of Business & Cooperative ‘COC ChapterS Corp. ()Partnersmp Oimited Pannership Madison Farms, Inc. © Propriciorship © Corporation O Limited Company Liability Other] Name UnderWhichApplicant DoesBusiness: Madison Farms, Inc. (Mailing) Address Street City County Number Security Social ID (if applicable) / Tax 1457 GreyOwl Circle Roseville Placer State Zip Telephone Fax Ismail CA 95661 916-410-7974 sp.novoresearch@gmail.com above) from YearsinBusiness (if different Address Shipping Restricted Pesticide Permit Number Expiration Date CORPORATION OFFICERS/PARTNERS/MEMBERS (if L.L.C.) Contact/Title Order Purchase Required()Yes Oho Buyer Sumanpreet Singh Name/Title Address Number ‘Yelephone Biteof Organization Tax Federal 1. D.# Co. Parent (if subsidiary) 1.BUSINESS INFORMATION - FARMER BUSINESS 1]. INFORMATION — DEALER AcresOwned AcresLeased Sales Total AcresFarmed Lender % Retail Crop Approximate Mix: % Wholesale 1 Acres} Sq. Warchouse Ft. 2. Acres 1.Owned 3 Acres 2 Leased 4. Acres| Time Full Employees II,CREDIT INFORMATION A. BANK REFERENCES (Whereapplicable, bank list Line providing Loans of Credit, and Banking Checking. Farm References, FMHA) Credit, Name Address Telephone Number Account * Bank 1 2 B.TRADE REFERENCES (Must at include least fertilizer, agri-businesses— 2 other etc.} seed, chemicals, Name Address) Telephonc AccountNumber '.HelenaAgri-Enterprise Yuba City > Has Ever Applicant Bankruptcy” Filed Oves ©No When If Yes, Does Have Applicant Any Judgments Outstanding orLiens? © Yes © No If Yes, PleascExplain IV CREDIT REQUEST 1,Credit Limit Requested * Attach mostrecent financial staiement if eredit requested is over $50,000. means “apphcant” includes (excep! and individual signing, this roquires) each as the comtear otherwise Applicant in applicant. as applicant or as @ pariner Application this information to offers hereby V. As in this Application, used ake 1.1.C Agri-Enterpnses, Helena Company Chermcal Ilclene 10 induce (“Telena”) for consideration hereby Applicant credit and acknowledges to all agrees this wathin terms the that certfies Applicant request. information in its sole discreuon, may, Applicant fo Helena represents and warrants grant credit. deny credit, decrease credit limits or increase credit limits will thet all transactions and 1s uc submited coneet Helena that understands Applicant for commercial be solety snd purpases toan not be subject wall only applicable laws and wansachons, to consumer all requiremems waives applicant laws such of any Helena authorizes Applicant credit applicant's to unvesugate by Helena made with credit decisions in connection mayinclude Such invesbgation from time to ime in the future, from information own Helena’s industry trade including sources, this Applicaton and with in connection background and groups associations, sources from as well as information Applicem by applicant provided its bank authorizes mevtuuion oiher and any it has with which oF agency 10release financsal arrangements financial and other to Helena regarding information Each applican. as applicant individual signing this Application is» sole proprietorship) (# applicant (if applicast or as a partner in appliceat authorizes is» partnership), a consumer to obtain Helena on report credit that gpg iadividusl that to use and report information sll orotherwise therein coatained frone obtained reporting a comumer ia agency credit the as process evaluation Helena or necessary detans aothorizes and imstrocts such individual, further, Zagh time to time from appropriate reporting any consumer a consumer to Furnish agency individual report on sach and Execution to Heleua, delivery of this document is entered all agreements with connection the transactioa (the Agreements") herein set forth or portable by delivery of a factimile copy (“PDF”) format document the bearing or PDF facsimile of signature and any com: sball party hereto and execution 2 valid and binding of any delivery by such of the Agreemeats PDF fersimile and party. Such original documents. enforceable copies shall constitute Dec YL, 7/19 Date Customer/Autharifc GA ignature (on behalfof Applicant) Customer‘Authorized Signature (on behalfof Applicant) President Title “Title VILSALESMAN Credit LimitRequested $ Credit LimitApproved $ CT Uv flan ha 7 ) ty “"'THiclow Dotied Linc ForHelens Credit Depariment Use + HELENALOCATION . SALESPERSON NAMEi NUMBER { ) RESELLER J ty © YERNMENT ‘STATE { ) GOVERNMENT- FEDERAL { )ENDUSER UW)NAME CHANGEACCT? { ACCT #. ) UPDATE, {NEW ACCLA BY/DATF. APPROVEDLIMIT TERMS { ) DECLINED ( 1 CR COMMENTS Rey.04/2018 (HELENA) CREDIT SALES AND SERVICES AGREEMENT now credit, extended in CONSIDERATIONof being or for purchases in the future, from of products LLC, Agri-Enterprises, Helena akaHelena limited liability company, @ Delaware Company Chemical “Helena’), (hereinafter purchaser the undersigned Madison Farms, !nc. of residence place his (its) principa! having at or business1457Grey OwlCircle, CA Roseville, 95661 agrees as follows: 1. Toassumeresponsibility forpayment of all purchases of products andservices (hereinafter FOR ANY PARTICULAR PURPOSE OR WARRANTY AGAINST INFRINGEMENT, “Products” or “Services") made bythe purchaser or his (its) agents for which creditis extended AND NO SUCH WARRANTIES SHALL BE IMPLIED BY LAW OR OTHERWISE. by Helena andto pay all applicable salesor simia: taxes not collected andpaidbyHelena. THE EXCLUSIVE REMEDY AGAINST HELENA, ITS OFFICERS,DIRECTORS, Toavoidbeing assessed a time price differential (‘Finance Charge’), thepurchase price EMPLOYEES, AGENTS AND/ORAFFILIATESFOR ANY CAUSE OF ACTIONBY OR of each Product or Service mustbe paid in full and credited to purchaser's account within thirty ON BEHALF OF PURCHASER RELATINGTO ANY RECOMMENDATION, SALE, (30) daysfrom the date of Helena’s first monthly stalement reflecting such purchase. Anysuch HANDLING,USE OR PERFORMANCE OF THE ABOVE GOODS OR THE PROVIDING amountnot paki within thefimeframe set forth in this Paragraph 2 ("Remaining Balance") shal OF SERVICESOR ANY OTHER TRANSACTIONRELATED THERETO ISACLAIMFOR be assessed a Finance Charge. DAMAGES AND INNO EVENT SHALL DAMAGES OR ANY OTHER RECOVERY OF AFinanceCharge, computed atthe rate shownin the following schedule, wilbeassessed ANY KIND AGAINSTHELENA,ITS OFFICERS,DIRECTORS, EMPLOYEES,AGENTS anddueon the Remaining Balance from the date of the first monthly statement reflecting suchAND/OR AFFILIATES EXCEEDTHE PRICE OFTHE SPECIFIC GOODS OR SERVICES purchase until payment is received in full by Helena andcredited to purchaser's account. The WHICH CAUSE THEALLEGED LOSS,DAMAGE, INJURYOR OTHER CLAIM.NEITHER Finance Chargewill be reflected beginning onthesecondmonthly statement following the HELENA NOR ANY SUCH OF ITS OFFICERS,DIRECTORS, EMPLOYEES,AGENTS purchase oftheProduct(s) orService(s) andwill bereflected oneachmonthly statement ANDIOR AFFIUATES SHALL BE LIABLEAND ANY AND ALL CLAIMS AGAINST thereafter until full payment hasbeen credited to purchaser's account HELENA, ITSOFFICERS,DIRECTORS,EMPLOYEES, AGENTS AND/OR AFFILIATES ARE WAIVEDFOR SPECIAL, INDIRECT, INCIDENTALOR CONSEQUENTIALDAMAGES, FINANCECHARGE SCHEDULE OR EXPENSES, OF ANY NATURE,INCLUDING,BUT NOT LIMITEDTO,LOSS OF A periodic rate of __1.5, % permonth, which is an ANNUAL PERCENTAGERATE PROFITSOR INCOME,CROP OR PROPERTY LOSS OR DAMAGE, LABOR CHARGES equal to 18.0 %,or the maximum rate allowed bylaw, whichever is less. AND FREIGHTCHARGES, WHETHER OR NOT BASED ON HELENA'S,ITSOFFICERS, DIRECTORS, EMPLOYEES,AGENTS AND/OR AFFILIATES’NEGLIGENCE,BREACH This Credit Sales andServices Agreement (hereinafter Agreement’) shall take effect when (i) OF WARRANTY, STRICTLIABILITY INTORT OR ANY OTHER CAUSE OFACTION. the undersigned purchaser purchases Products and/or Services fromHelena pursuant to this NO LIABILITY HEREUNDER SHALLBE ASSERTED UNLESS ANY LOSS, DAMAGE, Agreement, and(ii) Helena extends credit to the Purchaser for that transaction. INJURYOR OTHERCLAIM IS REPORTED TO HELENA INWRITINGWITHINTHIRTY(30) All payments made by the purchaser will beapplied asprovided for in the remittance advice DAYS AFTERDISCOVERY.AND THEFAILURETO GIVE NOTICETO HELENA OFANY fumished by purchaserto Helena. In the event purchaser does nolprovide remittance advice, CLAIMWITHIN SUCHPERIOD SHALLCONSTITUTE AN ABSOLUTE UNCONDITIONAL payments will be applied asHelena deemsappropriate, in Helena’s sole discretion. WAIVEROF SUCH CLAIM. Intheevent thepurchaser fails to make payments asrequired underParagraph 2ofthis13, Purchaser agrees that all Products andServices arepurchased forpurchaser's ownuse. To Agreement, theaccount may beconsidered byHelena, atits option, tobe in default, and theextent, if any, purchaser's useof such Products and Services is for orinvolves others, Helena may elect to declare any amounts outstanding immediately dueandpayable, and the purchaser agrees thatHelena’s Termsand Conditions of Sale-Limited Warranty and purchaser shall beresponsible for the paymentof all costs of collection incured byHelena, Limitation of Liability