EX-10.4 ORGANIZING LINE OF CREDIT






EXHIBIT 10.4




	 	 	 
	CHANGE IN TERMS AGREEMENT

	 	Nexity Bank

3500 Blue Lake Drive, Suite 330

Birmingham, Alabama 35243

(877)738-6391






	 	 	 	 	 	 	 
	LINE OF CREDIT LIMIT
	 	CURRENT LINE OF

CREDIT BALANCE
	 	ORIGINAL AGREEMENT

DATE
	 	AGREEMENT CHANGE DATE
	 
	 	 
	 	 
	 	 
	$750,000.00
	 	$311,075.19
	 	February 6, 2007
	 	September 18, 2007
	 
	 	 
	 	 
	 	 





DESCRIPTION OF THE EXISTING DEBT (“Credit Line”)




Promissory Note in the amount of $400,000.00 dated February 6, 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 Credit Line, 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 Credit Line is modified and supplemented as
follows:
	 
	 	 	 	To increase loan #3000003378 by an additional $350,000.00. Two guarantors; Gary H.
Anderson & Bryan House will be released from the line. The maturity date will be
extended to June 6, 2008.






	 	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 arid prior modifications, extensions, and
supplements evidencing the Credit Line 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 Credit Line. Lenders 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 Credit Line but restates it as modified.






	 	3.	 	Others Responsible for the Debt. Lender and Borrower intend that anyone else who
is liable for the Credit Line, 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 Credit Line, 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 Credit Line, 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. 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 Credit Line 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 AGREEMENTS 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
 

By:  Alfred J. Couch

Its:  President/CEO	 


	9/18/07  

Date	 	/s/ John W. Bailey
 

By:  John W. Bailey

Its:  Organizer
	 


	9/18/07  

Date
	/s/ Larry S. Bullock
 

By:  Larry S. Bullock

Its:  Organizer	 


	9/21/07  

Date	 	/s/ Randall L. Crow
 

By:  Randall L. Crow

Its:  Organizer
	 


	9/18/07  

Date
	/s/ William G. Ruppenthal
 

By:  William G. Ruppenthal

Its:  Organizer	 


	9/18/07  

Date	 	/s/ Ricky Dale Davis
 

By:  Ricky Dale Davis

Its:  Organizer
	 


	9/20/07  

Date
	/s/ Gary James Wytiaz
 

By:  Gary James Wytiaz

Its:  Organizer	 


	9/21/07  

Date	 	/s/ Phillip J. Markert
 

By:  Phillip J. Markert

Its:  Organizer
	 


	9/20/07  

Date
	/s/ Lawrence R. Dunn
 

By:  Lawrence R. Dunn

Its:  Organizer	 


	9/27/07  

Date	 	/s/ John King Bailey
 

By:  John King Bailey

Its:  Organizer
	 


	9/27/07  

Date
	/s/ William Richard Clarke
 

By:  William Richard Clarke

Its:  Organizer	 


	10/3/07  

Date	 	/s/ William Gary Bagwell
 

By:  William Gary Bagwell

Its:  Organizer
	 


	9/21/07  

Date
	/s/ Daniel Olejnik
 

By:  Daniel Olejnik

Its:  Organizer	 


	9/27/07  

Date	 	/s/ Trent Peter Gaites
 

By:  Trent Peter Gaites

Its:  Organizer
	 


	9/19/07  

Date
	/s/ John Alan Drillot
 

By:  John Alan Drillot

Its:  Organizer	 


	10/4/07  

Date	 	/s/ Nancy Parker Pegg
 

By:  Nancy Parker Pegg

Its:  Organizer
	 


	9/28/07  

Date






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



Nexity Bank




	 	 	 	 	 	 	 
	/s/ Jack Gardner
 

By:  Jack Gardner

Its:  SVP	 


	   

Date	 	 
	 	 
	/s/ Alfred C. Couch
 

Notary Public

My Commission Expires: 11/20/07

[NOTARY SEAL]	 



	   

 

	 	 	 	 







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