NEWTOWN SAVINGS BANK SUPERIOR COURT VS. J.D. OF FAIRFIELD ERIQUEZ CONSULTING, LLC, ET AL AT BRIDGEPORT AFFIDAVIT IN SUPPORT OF APPLICATION FOR PREJUDGMENT REMEDY EX-PARTE. The undersigned being duly sworn does depose and say: 1. Lam over the age of eighteen years of age and believe in the obligations of an oath. 2. Lam an Assistant Vice President of the plaintiff and as such I have personal knowledge of the account of the defendants. 3. On August 26, 2006, the defendant, Eriquez Consulting, LLC entered into a Quick Credit Term Note hereafter ( the “Note ”) with the plaintiff, Newtown Savings Bank, (hereafter “the Bank”). A copy of the Note is annexed hereto as Exhibit A. 4, Eriquez Consulting, LLC promised to pay the Bank the sum of $10,000.00 together with interest at a rate of 11.5% in thirty six (36) equal monthly installments of $330.58 with a final maturity date of August 26, 2009, 5. Eriquez Consulting, LLC failed to make the monthly installments as they became due in accordance with the Note and as a result of said default Eriquez Consulting, LLC is indebted to the plaintiff in the total principal amount of $9,296.04 together with late charges of $200.00, loan fees of $216.00 and interest through Apt 12, 2007 in the amount of $4111.08 and per diem interest thereafter of $2.97 plus attorney's fees and costs.6. In order to induce the Bank to enter into the Note, the defendant, Gene F. Eriquez unconditionally guaranteed the prompt payment and performance of all obligations under the Note. A copy of his Guaranty is annexed hereto as Exhibits B. 7. ‘The defendant, Gene F. Eriquez waived his right to a hearing and notice with respect to any Prejudgment Remedy pursuant to the Note and the Guaranty. Copies of the wavers are annexed hereto as Exhibits A-1 and B-I respectively. ‘The waiver in the Note states: “PREJUDGMENT REMEDY WAIVER. BORROWER AND EACH GUARANTOR ON THIS NOTE ACKNOWLEDGE THAT THE LOAN EVIDENCED BY THIS NOTE IS A ACOMMERCIAL TRANSACTION AS DEFINED IN CHAPTER 903a OF THE CONNECTICUT GENERAL STATUES, AS AMENDED, AND EACH WAIVES. ‘THEIR RESPECTIVE RIGHTS TO NOTICE AND HEARING UNDER SAID CHAPTER 903a, OR AS OTHERWISE ALLOWED BY ANY STATE OR FEDERAL LAW WITH RESPECT TO ANY PREJUDGMENT REMEDY WHICH BANK MAY DESIRE AND WAIVE THEIR RESPECTIVE RIGHTS TO REQUEST THAT BANK ST A BOND IN CONNECTION WITH ANY SUCH PREJUDGMENT REMEDY.” ‘The waiver in the Guaranty states: | “GUARANTOR ACKNOWLEDGES THAT THE TRANSACTION OF WHICH THIS GUARANTY IS A PART IS A COMMERCIAL TRANSACTION, AND HEREBY WAIVES HIS RIGHT TO NOTICE AND HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, OR AS OTHERWISE ALLOWED BY ANY STATE OR FEDERAL LAW, WITH RESPECT ANY PREJUDGMENT REMEDY WHICH THE BANK, THE BANK’S SUCCESSORS OR ASSIGNS MAY SIRE TO USE.” 8, To the best of my knowledge and belief, there are no setoffs, counterclaims or defenses against said sum. 9. [make this affidavit for the purpose of obtaining a Prejudgment Remedy ofAttachment of the real estate of Gene F. Eriquez located at 78 Starrs Plain Road, Danbury, Connecticut. STATE OF CONNECTICUT) ) ss. Newtown COUNTY OF FAIRFIELD ) Subscribed and sworn to before me this 12th day of April, 2007 Pain S tbr tary Pablic ‘My Commiscion Eyp. Mar. 31, 2008 7