EX-10.5 ORGANIZING LINE OF CREDIT







EXHIBIT
10.5




	 	 	 
	CHANGE IN TERMS AGREEMENT

	 	Nexity Bank
	 

	 	3500 Blue Lake Drive, Suite 330
	 

	 	Birmingham, Alabama 35243
	 

	 	(877) 738-6391






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	ORIGINAL
 PRINCIPAL	 	CURRENT
 PRINCIPAL	 	ORIGINAL 
AGREEMENT	 	AGREEMENT
 CHANGE
	LOAN NUMBER	 	BALANCE	 	BALANCE	 	DATE	 	DATE
	3000003378
	 	$	750,000.00	 	 	$	1,750,000.00	 	 	September 18, 2007	 	January 29, 2008






DESCRIPTION OF THE EXISTING DEBT (“Existing Debt”)



Change In Terms Agreement in the amount of $750,000.00 dated September 18, 2007.




BORROWER INFORMATION




HFHC Group, LLC d/b/a F/K/A Home Federal Savings Bank

4405 Mundy Mill Road

Oakwood, GA 30566



BORROWER. The term “Borrower” means each party identified above.



LENDER. The term “Lender” means Nexity Bank whose address is 3500 Blue Lake Drive, Suite 330,
Birmingham, Alabama 35243, its successors and assigns.



TERMS AND PROVISIONS. In consideration of the promises contained in this Agreement and in the
instruments evidencing the Existing Debt, and of other good and valuable consideration, the
sufficiency of which is acknowledged by the execution of this Agreement, Borrower agrees to the
following provisions:





	 	1.	 	The instrument evidencing the Existing Debt is modified and supplemented as
follows:
	 
	 	 	 	To increase loan #3000003378 by an additional $1,000,000.00. The maturity date will be
June 6, 2008. All other terms and conditions of the original Promissory Note will remain
the same.
	 
	 	2.	 	Ratification and Continued Validity. Except for the terms expressly modified by
this Agreement, by signing this Agreement Borrower acknowledges that Borrower is still
bound by the terms of the instruments and prior modifications, extensions, and
supplements evidencing the Existing Debt as if they were fully set forth and repeated in
this Agreement and that those terms will continue to bind Borrower as provided in this
Agreement and those instruments. Lender’s consent to this Agreement does not waive the
right to strictly enforce Lender’s rights under this Agreement or the instruments
evidencing the Existing Debt. Lender’s consent to this Agreement does not mean that
Lender must enter into another agreement like this one in the future. Lender and
Borrower intend that this Agreement does not replace the Existing Debt but restates it
as modified.
	 
	 	3.	 	Others Responsible for the Debt. Lender and Borrower intend that anyone else who
is liable for the Existing Debt, including, without limitation, cosigners, guarantors,
and coborrowers, are not relieved of any obligation except as expressly relieved in this
Agreement or other writing. Borrower agrees that the liability of each person who
signed the instruments evidencing the Existing Debt, whether primary or secondary,
continues in full force and effect, even if that person does not sign this Agreement.
This promise applies not only to this Agreement but also to any extension, modification,
or other agreement Borrower makes with Lender that represents a debt which includes
cosigners, guarantors, coborrowers, and others having similar liability. Borrower
understands that this Agreement is contingent on the continued liability of each person
who signed the documents evidencing the Existing Debt, whether or not that person signs
this Agreement.
	 
	 	4.	 	Pronouns and Gender. In this Agreement, whenever the circumstances or the
context so requires, the singular shall be construed as the plural, the masculine shall
be construed as the feminine and/or the neuter and vice versa.
	 
	 	5.	 	Miscellaneous Terms. The Borrower agrees that if Lender delays or forgoes
enforcing Lender’s rights under this Agreement in any particular instance, Lender
retains the right to strictly enforce the same provision in any other instance, or later
in the same instance. Every person signing this Agreement waives, to the extent allowed
by law, presentment, demand, protest, and notice of dishonor. Every person signing this
Agreement agrees that Lender may renew, extend, supplement, or otherwise modify the debt
represented by this Agreement and the documents evidencing the Existing Debt without the
permission of any other person who is liable, and such modification will not release or
reduce the liability of any party, even if that party does not sign this Agreement.




ORAL AGREEMENT DISCLAIMER. This Agreement represents the final agreement between the parties and
may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the
parties. There are no unwritten oral agreements between the parties.




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By signing this Change In Terms Agreement, each Borrower acknowledges reading, understanding, and
agreeing to all its provisions, and receiving a copy.




	 	 	 	 	 
	HFHC Group, LLC d/b/a F/K/A Home Federal Savings Bank	 	 
	 
	 	 	 	 
	/s/ Alfred J. Couch

	 	1/29/2008
	 	 
	 	 	 
	By: Alfred J. Couch

	 	Date	 	 
	Its: President/CEO
	 	 	 	 





By signing this Change In Terms Agreement, Lender acknowledges reading, understanding, and agreeing
to all its provisions.




	 	 	 	 	 
	Nexity Bank	 	 
	 
	 	 	 	 
	/s/ Jack Gardner

	 	1/29/08
	 	 
	 	 	 
	By: Jack Gardner

	 	Date	 	 
	Its: SVP
	 	 	 	 






	 	 	 	 	 
	 	 	 
	/s/ Teresa Sexton
 	 	 
	My Commission Expires 	 	 
	December 4, 2010 	 	 
	 




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