COUNTER-PLAINTIFFS' MOTIONS TO REINSTATE THIS CAUSE AND TO ENTER JUDGMENT CONSISTENT WITH THE TERMS OF THE PARTIES' SETTLEMENT AGREEMENT

SHARON JOHNSON COLEMAN, District Judge.

Counter-Plaintiffs, the Laborers' Pension Fund and Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity and James S. Jorgensen, in his capacity as the Administrator of the Funds (collectively hereinafter the "Funds"), by their attorneys respectfully request this Court to reinstate the above captioned matter, and, consistent with the Counter-Plaintiffs' and Counter-Defendant's Settlement Agreement, add Matthew Konopko as an individual Counter-Defendant and enter judgment in favor of the Funds and against the Counter-Defendants, Environmental Cleansing Corporation (the "Company") and Matthew Konopko. In support of this motion the Counter-Plaintiffs state the following:

1. On or about June 4, 2016, the Counter-Plaintiffs and the Counter-Defendant (herein referred to as the "Parties") entered into a Settlement Agreement And Release (the "Agreement"), covering the Company's unpaid reports from December 2015 through April 2016, in the amount of $277,427.01 to resolve the above captioned lawsuit. A copy of the Agreement signed by Matthew Konopko, as President of Environmental Cleansing Corporation is attached hereto as Exhibit 1.

2. The terms of the Agreement (See Exh. 1 at ¶1) provide that, simultaneously with the execution of the Agreement, Matthew Konopko would sign his Company's Installment Note (the "Note") with the Funds (See Exhibit 2, the Note), which is explicitly incorporated into the Agreement, and provides for the total payment amount of $277,427.01.

3. The terms of the Agreement also provide that Matthew Konopko would sign a Personal Guaranty ("Guaranty") and Commercial Security Agreement ("Security Agreement"), indicating that he personally guaranties the payment of $277,427.01 to the Funds (See Exh. 1 at ¶1). The Guaranty and Security Agreement are also explicitly incorporated into the Agreement (See Exhibit 3, Guaranty and Security Agreement).

4. The Agreement further provides that, if the Company fails to pay either its Note or its ongoing monthly contributions, it shall be deemed in default within ten (10) days after the date payments are due, or within ten (10) days of a material breach of the terms of the Agreement or Note (Exh. 1, ¶4).

5. In the event of a default, the Agreement provides that the Company has ten (10) days to cure. However, should the Company fail to cure within that period, the Funds have the right to reinstate this action, and, upon motion in accord with the Court rules and notice to the Company, the Funds are entitled to entry of judgment by the Court against the Company and against Matthew Konopko, adding him as a Counter-Defendant, pursuant to his Guaranty (Exh. 1, ¶4-5). The Agreement grants leave to amend the Complaint seeking judgment against Mr. Konopko for all amounts due as described in the Agreement, Note and Guaranty, including reasonable attorneys' fees incurred by the Funds to obtain the judgment order, with notice of such motion to the Company at 16612 S. Crawford Avenue, Markham, Illinois 60428 (Exh. 1, ¶4).

6. Additionally, according to the Agreement, the Company and Konopko, are not permitted to raise defenses to bar judgment of the unpaid balance (Exh. 1, ¶5). The Note also contains an acceleration clause enabling the Funds to collect the full amount remaining on the Note in the event of a default (Exh. 2, ¶¶8-9). Thereby, upon motion, the Funds are entitled to entry of the balance owed against the Company and Konopko in the event of a default and failure to cure within the cure period.

7. According to the Agreement, the judgment shall include all unpaid amounts plus the reasonable attorneys' fees incurred in the Funds' efforts to seek compliance with the terms of the Agreement (Exh. 1, ¶¶5-6; Exh. 2, ¶¶8-9). The undersigned counsel has sent notice to the Company as specified in the Agreement and has further communicated with the Company's counsel by email and phone, sending notice of Counter-Plaintiffs' motion to reinstate this cause, adding Konopko as a Counter-Defendant, and moving for judgment for the unpaid balance on the Note, liquidated damages and reasonable attorneys' fees.

8. According to the affidavit of Michael Christopher, the Funds' Field Representative, the Company failed to submit its April, May, June and July Note payments and was in default as of April 11, 2017, with a Note balance of $141,615.84 remaining due to the Funds pursuant to the Agreement and the Note. The Funds are further entitled to $7,080.79 in liquidated damages for the delinquent unpaid Note payments (See Exhibit 4, Affidavit of Michael Christopher at ¶¶5-6).

9. According to the undersigned's attached affidavit and fee report, the attorneys' fees incurred in the Funds collection efforts from the date of default on April 11, 2017 to the present, the amount of $1,267.50 is owed pursuant to the Agreement for the Funds' attorneys' fees (See, Schumann Affidavit, Exhibit 5 and attached Fee Report Exhibit 5A).

10. Thus, Counter-Plaintiffs seek to reinstate this cause, and consistent with the Parties' Agreed Order of Dismissal, which consents to this Court's jurisdiction for the purpose of enforcing the Parties' Agreement through August 1, 2018 (See, Agreed Order of Dismissal, Docket No. 42) and further request that the Court enter the judgment consistent with the Parties' Agreement.

WHEREFORE, Counter-Plaintiffs respectfully request this Court to enforce the Parties' Agreement, reinstating this cause, adding Matthew Konopko as an individual Counter-Defendant and entering judgment consistent with the Agreement and against the Counter-Defendants, for the balance owed on to the Funds on the Note, plus liquidated damages, and for the Funds' attorneys' fees incurred in collection efforts on the Note and in order to obtain this judgment from the date of the Company's default.

Exhibit 1

SETTLEMENT AGREEMENT AND RELEASE

This Settlement Agreement and Release ("Agreement") is entered into by and between the Laborers' Pension Fund and the Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity, and James S. Jorgensen, Administrator of the Funds (collectively hereinafter referred to as the "Funds") and Environmental Cleansing Corporation (the "Company"), and Matthew A. Konopko, as Guarantor of the installment note (the "Note") and the commercial security agreement ("Security Agreement") pursuant to Matthew A. Konopko's personal guaranty ("Guaranty"), in order to fully and finally settle and resolve any and all issues raised in the third-party litigation between the Funds and the Company, in Case No. 15 C 8532 (N.D. Ill.) (the "Lawsuit"). The Funds and the Company are collectively referred to hereinafter as the "Parties" and agree by and through their respective signatures below to the following:

1. Simultaneously with the execution of this Agreement, the Company, by and through its President, Matthew A. Konopko, will sign the Note, which is incorporated by reference and provides for payment of the total amount of $277,427.01, and he will also sign the Guaranty and the Security Agreement, which are also incorporated into this Agreement, indicating that Mr. Konopko will personally guaranty the payment to the Funds in the amount of $277,427.01. The amount of $277,427.01 is the total amount owed, according to the Company's unpaid reports for December 2015 through April 2016 and including accumulated and note interest.

2. The Company shall also simultaneously with the execution of this Agreement, remit an up-front payment in the amount of $65,003.25, which consists of twenty percent of amounts owed to the Welfare, Retiree Welfare, and Pension Funds and the total amounts owed to the dues, training and other ancillary funds, plus accumulated interest. The Note further indicates that the Company will thereafter remit twenty-four monthly installment payments in the amount of $8,850.99 each (consisting of $3,575.18 to the Welfare Fund, $1,443.28 to the Retiree Welfare Fund, and $3,852.53 to the Pension Fund) for 24 consecutive months beginning on August 1, 2016 and ending on July 1, 2018. All of the installment note payments as described by the Note are referred to herein as the Settlement Payments and must be made in accordance with the terms and conditions provided in the Note. In addition to the amounts owed and paid under the Note, the Company agrees to report and pay all ongoing monthly contributions to the Funds as it is obligated under the terms of the collective bargaining agreement and the Funds' respective Agreements and Declarations of Trust and to maintain a bond consistent with the collective bargaining agreement.

3. The Parties agree that the Settlement Payments referred to in paragraphs 1 and 2 above and as described in paragraphs 1 through 6 of the Note represents a resolution of the Lawsuit for the outstanding amounts owed for unpaid reports for December 2015 through April 2016. The Company represents that it has properly reported contributions due to the Funds, for this period. However, the Funds' auditors have not reviewed the Company's contribution amounts for this period. As consideration for the Funds' acceptance of the Company's representation and the documentation submitted by the Company in support of such representations, the Company hereby agrees to permit the Funds the opportunity to audit the books and records of the corporation under the collective bargaining agreement, Trust Agreements and the Funds' Policies. Moreover, the Company agrees that it may be liable for contributions owed, in the event that an audit determines amounts owed to the Funds for this unaudited period. The Parties agree that after an audit report is presented to the Company in the regular course of business, the Funds at their discretion may reinstate this cause or re-file an action against the Company seeking unpaid contributions for this time period.

4. In the event that the Company fails to maintain its obligations under this Agreement, the collective bargaining agreement and the Funds' respective Agreements and Declarations of Trust, including but not limited to its obligations to submit timely contribution reports and to make timely current contribution payments, the Company shall be deemed in default within ten (10) days after payments are due, or within ten days of a material breach of the terms of this Agreement or the Note and the Funds shall have the right to reinstate this action. Upon default, the Funds may declare the entire unpaid amounts immediately due and accelerate collection of the total balance owed (including unpaid monthly report payments plus the unpaid Note balance). The Funds, on motion in accord with the Court rules and notice to the Company at 16612 S. Crawford Avenue, Markham, Illinois 60428, shall be entitled to entry of judgment by the Court against the Company and against Matthew A. Konopko, individually. The Funds shall have leave to amend the Complaint seeking judgment against Matthew A. Konopko, without further notice, in order to obtain a judgment for all unpaid amounts due as described by this Agreement, the Note and Guaranty as well as for the reasonable attorneys' fees, incurred by the Funds in obtaining said judgment order.

5. Judgment will be entered for all unpaid amounts due plus reasonable attorneys' fees incurred by the Funds in their efforts to obtain compliance with this Agreement. Defendants, Environmental Cleansing Corporation, or Matthew Konopko will not be permitted to raise defenses to bar judgment of the unpaid balance other than payment. Plaintiffs are also entitled to judgment for reasonable attorneys' fees and costs incurred in connection with efforts to enforce the Agreement.

6. In consideration of the receipt of all amounts owed as described in paragraphs land 2 above and the promises made by the Parties herein, the Funds hereby release and discharge the Company and each of their affiliates, parents, subsidiaries, divisions, partners, owners, stockholders, directors, officers, employees, agents, representatives, and their predecessors, successors, heirs, executors, administrators and assigns, agents, attorneys, representatives, trustees, administrators, and all persons acting by, through or under any of them jointly and severally, in their individual, fiduciary and corporate capacities, or any of them, of and from all actions, causes of action, grievances, suits, complaints or claims, arising out of the obligation to contribute to the Funds for the monthly reports submitted for the period from December 1, 2015 through April 30, 2016, with the exception of any delinquencies, which may be identified in an audit to be conducted at a future date within the Funds' discretion covering the Company's unaudited period to the present.

7. The Parties have agreed to execute a Stipulated Dismissal which will dismiss all claims asserted by the Funds against the Company in the Lawsuit after receipt by the Funds' counsel of record, Sara S. Schumann, of the up-front payment (as described in paragraph 2 above), and an original or copy of the executed Agreement, Note, Guaranty and Security Agreement. The Parties have agreed that in the event the Company fails to make the Settlement Payments pursuant to the schedule in the Note, or this Agreement, or otherwise materially breaches the terms of the Note or this Agreement — then either Party may reinstate the Lawsuit for the purpose of enforcing this Agreement and that the Funds may add Matthew A. Konopko as an individual defendant, pursuant to the Guaranty.

8. This Agreement is entered into solely for the purpose of settling disputed claims, and shall not be construed as an admission by either of the Parties of any (a) liability or wrongdoing; (b) violation of any statute, law regulation, collective bargaining agreement or declaration of trust; or (c) waiver of defenses as to those matters within the scope of this Agreement. It is understood that the Parties do deny engaging in unlawful conduct, and this Agreement does not constitute an admission by either Party as to any violation of any law, regulation, collective bargaining agreement or declaration of trust.

9. This Agreement, the Note, the Guaranty and the Security Agreement constitute the entire Agreement between the Parties concerning the subject matter hereof and supersede all prior and contemporaneous oral and written agreements (if any) between the Parties relating to the subject matter hereof. This Agreement may be amended only by a written document signed by an authorized representative of the Funds and the Company.

10. Each of the undersigned has read this Agreement, understands its contents, has had the opportunity to and did negotiate over the terms of the Agreement, and is authorized to sign same on behalf of the entity as indicated below.

11. Each party signing this Agreement represents to the other party that it has the authority to release the claims, demands and causes of action that are purported to be released herein and confirm that said claims, demands, or causes of action have not been previously assigned to or owned by any other person or entity.

12. The Company may prepay the total amount due in the Agreement at any time. In the event of such a pre-payment, the Funds shall redetermine the balance owed as of the date of the pre-payment. The Company shall remain responsible for the full amount of the note interest as redetermined by the Funds.

13. The Funds may without notice and without releasing liability of any party hereto grant extensions and/or renewals from time to time of any terms in this Agreement and in the Note. No delay by the Funds in exercising any power or right hereunder and no partial exercise of such power or right shall operate in any way as a waiver of any subsequent exercise thereof. The Funds shall not be prejudiced by granting of an extension or a renewal of any term in the Agreement.

14. This document may be signed in separate counterparts which will have the same effect as if signed on one document. In the event that any of the provisions of this Agreement are found by a judicial or other tribunal to be unenforceable, the remaining provisions of this Agreement will remain enforceable.

15. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the Parties. This Agreement shall be governed and construed in accordance with the laws of the State of Illinois. The Funds will request the United States District Court for the Northern District of Illinois, Eastern Division, to retain jurisdiction to enforce the terms of this Agreement and Note.

Exhibit 2

INSTALLMENT NOTE

This Installment Note ("Note") is made between the Laborers' Pension Fund ("Pension Fund"), the Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity ("Welfare Fund") and the Retiree Health and Welfare Fund ("Retiree Welfare Fund") (hereinafter the Pension Fund, Welfare Fund and Welfare Retiree Fund will be collectively referred to as the "Funds"), the parties of the first part; and Environmental Cleansing Corporation (the "Company"), the parties of the second part.

WHEREAS, the Company has at all relevant times been party to a collective bargaining agreement ("CBA") with Local 225 the Construction and General Laborers' District Council of Chicago and Vicinity, whereunder it is obligated to make certain contributions to the above-named Funds, as well as to the Training Fund, on behalf of its covered employees, and to submit payment of all employee union dues:

WHEREAS, the Company has failed to timely pay certain contributions owed to the Funds for the report period of December 2015 through April 2016:

WHEREAS, the Company has failed to remit all employee union dues to the Funds, as the designated collection agent for the Construction and General Laborers' District Council of Chicago and Vicinity, for the audit period of December 2015 through April 2016:

WHEREAS, the Company desires to pay all delinquencies owed to the Funds, to pay all union dues owed to the Construction and General Laborers' District Council of Chicago and Vicinity, together with liquidated damages, and interest, as set forth below and further desires to remain current in its obligation to pay contributions to the Funds.

THE PARTIES HEREBY AGREE as follows:

The Parties hereby agree to these terms by their execution hereof on the 04 day of the June, 2016.

Laborers' Pension Fund, Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity and Retiree Health and Welfare Fund.

Exhibit 3

GUARANTY OF PAYMENT AND INDEMNIFICATION

This Guaranty ("Guaranty") is made as of 06 day of June by the undersigned, Matthew Konopko, (the "Guarantor"), to and for the benefit of the LABORERS' PENSION FUND AND THE LABORERS' WELFARE FUND OF THE HEALTH AND WELFARE DEPARTMENT OF THE CONSTRUCTION AND GENERAL LABORERS' DISTRICT COUNCIL OF CHICAGO AND VICINITY (collectively, the "Funds").

WHEREAS, Environmental Cleansing Corporation (the "Company") has agreed to pay a total of $277,427.01 to the Funds in settlement of the alleged delinquent contributions owed to the Funds and to be paid under the terms of a Settlement Agreement and Installment Note ("Note");

WHEREAS, the Funds are unwilling to enter into the Note unless the Guarantor executes this Guaranty; and

WHEREAS, the Guarantor has a financial interest in the Company and will be benefited by the Note;

NOW THEREFOREWHEREAS, in consideration of the foregoing, the Guarantor agrees as follows:

1. Guaranty of Payment and Indemnification. The undersigned guarantees, absolutely and unconditionally: (a) the payment when due of the entire principal indebtedness and all interest evidenced by the Note during the twenty-four (24) month payment period including interest and liquidated damages for late or unpaid payments due on the Note; and (b) the full and complete payment of any and all fees and costs incurred pursuant to default under terms of the Note, whether litigation is involved or not, and if involved, whether at the trial or appellate levels or in pre- or post-judgment bankruptcy proceedings in enforcing or realizing upon the obligations of the Guarantor hereunder (the obligations of Guarantor under this Paragraph 1 are collectively hereinafter referred to as the "Obligations"). The Guarantor also agrees to be personally liable for all monthly benefit contributions, union dues and/or wages owed from the Company to the Funds, the District Council, all ancillary funds, and/or the participants that are due at the time the Note and Guaranty are entered into and/or are incurred and become due and owing for the duration of the Note, including all interest, liquidated damages, audit costs, attorneys' fees and costs.

2. Continuing Guaranty. This Guaranty shall be a continuing Guaranty, and shall not be discharged, impaired or affected by; (a) the existence or continuance of any obligation on the part of the Company with respect to the Note; (b) any forbearance or extension of the time of payment of the Note; (c) the validity or invalidity of the Note; (d) any defenses whatsoever that the Company or any of the party thereto may have to the performance or observance of any term, covenant or condition contained in the Note; (e) the existence or non-existence of the Company as a legal entity; (f) any limitation or exculpation of (other than the payment and performance in full of all of the Company's Obligations) that Guarantor may have as to his undertakings, liabilities and obligations hereunder, including any defenses based upon any legal disability of the Company or any discharge or limitation of the disability of the Company, whether consensual or arising by operation of law or any bankruptcy, insolvency or debtor-relief proceeding, or from any other cause, each and every such defense being hereby waived by the Guarantor.

3. Waivers. Guarantor waives diligence, presentment, protest, notice of dishonor, demand for payment, extension of time of payment, notice of acceptance of this Guaranty, non-payment at maturity and indulgences and notices of every kind not provided for under this Guaranty. It is the intention of this Guaranty that Guarantor shall remain liable as principal, notwithstanding any act, omission or thing that might otherwise operate as a legal or equitable discharge of Guarantor, until all of the Company's obligations shall have been fully paid and performed.

4. Subrogation. Notwithstanding anything to the contrary elsewhere contained herein or in the Note, the Guarantor(s) expressly waive with respect to the Company any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to set off or to any other rights that could accrue to a surety against a principal, to the Guarantor against a maker or obligor, to an accommodation party against the party accommodated, or to a holder or transferee against a maker, and which the guarantor may have or hereafter acquire against the Company in connection with or as a result of Guarantor's execution, delivery and/or performance of this Guaranty or the Note. The Guarantor agrees that he or she shall not have or assert any such rights against the Company or its successors and assigns or any other party (including any surety), either directly or as an attempted set off to any action commenced against the Guarantor by the Company (as borrower or in any other capacity) or any other person.

5. Independent Obligations. The Funds may enforce this Guaranty without first resorting to or without first having recourse to the Note; provided, however, that nothing herein contained shall preclude the Funds from suing on the Note or from exercising any other rights; and the Funds shall note be required to institute or prosecute proceedings to recover any deficiency as a condition of any payment hereunder or enforcement hereof.

6. Acceleration. In the event that payments due under the Note shall be accelerated, the Guarantor's obligations hereunder shall also be accelerated without further notice from the Funds.

7. Effect of Bankruptcy. This Guaranty shall continue in full force and effect notwithstanding the institution by or against the Company of bankruptcy, reorganization, readjustment, receivership or insolvency proceedings of any nature, or the disaffirmance of the Note in any such proceedings, or others.

8. Termination. This Guaranty shall remain in full force and effect as to the Guarantor until all of the Company's Obligations under the Note outstanding shall be finally and irrevocably paid in full. Payment of all of the Company's Obligations from time to time shall not operate as a discontinuance of this Guaranty. If after receipt of any payment of all or any part of the Company's Obligations, the Funds are for any reason compelled to surrender such payment to any person or entity, because such payment is determined to be void or voidable as a preference, impermissible set off, or a diversion of trust fund, or for any reason, this Guaranty shall continue in full force notwithstanding any contract action which may have been taken by the Funds in reliance upon such payment, and any such contrary action so taken shall be without prejudice to the Funds' rights under this Guaranty and shall be deemed to have been conditioned upon such payment having become final and irrevocable.

9. The Company's Financial Condition. The Guarantor assumes full responsibility for keeping fully informed of the Company's financial condition and all other circumstances affecting the Company's ability to perform its Obligations, and agree that the Funds will have no duty to report to Guarantor any information which the Funds receive about the Company's financial condition or any circumstances bearing on its ability to perform.

10. Expenses. The undersigned agrees to pay and reimburse the Funds for all cost and attorney's fees, which they may expend or incur in the enforcement of this Guaranty or any of the Company's Obligations under the Note.

11. Delay, Cumulative Remedies. No delay or failure by the Funds to exercise any right to remedy against the Company or Guarantor will be construed as a waiver of that right or remedy. All remedies of the Funds against the Company and the Guarantor are cumulative.

12. Binding Effect. This guaranty shall incur to the benefit of and may be enforced by the Funds, and shall be binding upon and enforceable against the Guarantor and Guarantor's heirs, legal representatives, successors and assigns. In the event of the death of the Guarantor, the obligations of such deceased Guarantor shall continue in full force and effect against his estate, personal representatives, successors and assigns. Without limiting the generality of the foregoing, the Funds (or their successors and assigns) may from time to time and without notice to undersigned, assign any and all of their rights under this Guaranty without in any way affecting or diminishing the obligations of the undersigned hereunder, who shall continue to remain bound by the obligated to perform under and with respect to this Guaranty as though there had been no such assignment.

13. Default. The Guarantor hereby authorizes irrevocably any attorney of any court of record to appear for him/her in such court, at any time after ten (10) days notice after default in any payment due under this Guaranty, and confess judgement against Guarantor, after service of notice of the claimed default, in favor of the Funds for such amount to be unpaid and owed thereon, including interest, liquidated damages and reasonable cost of collection including reasonable attorneys' fees. The Guarantor agrees to waive and release all errors which may intervene in any such proceedings, and consent to immediate execution upon such judgement, hereby ratify and confirming all that said attorney may do by virtue hereof.

14. Warranties. Guarantor makes to the Funds the following representations and warranties:

(a) Authorization. Guarantor has full right, power and authorization to enter into this Guaranty and carry out his obligations hereunder.

(b) No Conflict. The execution, delivery and performance by Guarantor of this Guaranty will not violate or be in conflict with, results in a breach of, or constitute a default under, any indenture, agreement or any other instrument to which Guarantor is a party or by which Guarantor or any of his assets or properties is bound, or any order, writ, injunction or decree of any court or governmental institute.

(c) Litigation. There are no actions, suits or proceedings pending, or to the knowledge of Guarantor, threatened against or adversely affecting any Guarantor at law of in equity or before or by governmental agency or instrumentality that involve any of the transactions herein contemplated, or the possibility of any judgment or liability that may result in any material and adverse change in the financial condition of any Guarantor. Guarantor is not in default with respect to any judgment, order, writ, injunction, decree, rule or regulation of any court.

(d) Enforceability. This guaranty is a legal, valid and binding obligation of Guarantor, enforceable in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the rights of creditors generally.

15. Notices. All notices or other communications required or permitted hereunder shall be (a) in writing and shall be deemed to be given when either (I) delivered in person, (II) three (3) days after deposit in a regularly maintained receptacle of the United States mail as registered or Certified mail, postage prepaid, (III) when received if sent by private courier service, or (IV) on the day on which Guarantor refuses delivery by mail or by private courier service, and (b) addressed as follows:

Or such other addresses as may from time to time be designated by the party to be addressed by notice to the other in the manner hereinabove provided. The Funds will use their best efforts to send courtesy copies of notices provided hereunder to Guarantor's attorney, Thomas Condon. But the failure by the Funds to send courtesy copies to Guarantor's attorney shall not limit or restrict the Funds' rights under this Guaranty in any manner nor relieve Guarantor of any obligations under this guaranty.

16. Additional Waivers. Guarantor expressly and unconditionally waives, in connection with any suit, action or proceeding brought by the Funds on this Guaranty, any and every right he or she may have to (I) injunctive relief, (II) a trial by jury, (III) interpose any counterclaim therein and (IV) seek to have the same consolidated with any other or separate suit, action or proceeding.

17. Severability. If all or any portion of any provision of this Guaranty is declared or found by a court of competent jurisdiction to be unenforceable or null and void, such provision or portion thereof shall be deemed stricken and severed from this Guaranty and the remaining provisions and portions hereof shall continue in full force and effect.

18. Applicable Law; Venue. This Guaranty and the transactions evidenced hereby shall be construed and interpreted under the laws of the State of Illinois. Guarantor, in order to induce the Funds to accept this Guaranty and enter into the loan agreement, and for other good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, agrees that all actions or proceedings arising directly, indirectly or otherwise in connection with, out of, related to or from this Guaranty shall be litigated, at the Fund's sole discretion and election, only in courts having a situs within the county of Cook, State of Illinois, Eastern Division. Guarantor hereby waives any right he or she may have to transfer or change the venue of any litigation brought against him by the Funds on this agreement in accordance with this paragraph.

19. Time is of the Essence. Time is of the essence of this Guaranty as to the performance of the undersigned.

20. Death of a Guarantor. In the event of the death of Guarantor, the Funds shall have the right to accelerate the indebtedness evidenced by the Note unless, within sixty (60) days of his death, Guarantor's estate assumes his obligations hereunder by an instrument satisfactory to the Funds and delivers to the Funds security for performance of such obligations satisfactory to the Funds.

IN WITNESS WHEREOF, the undersigned Guarantor(s) has/have executed this instrument as of the date and year first above written.

THIS COMMERCIAL SECURITY AGREEMENT is entered into between ENVIRONMENTAL CLEANSING CORPORATION and MATTHEW A. KONOPKO (collectively referred to below as "Grantor/s"); and the Laborers' Pension Fund, Laborers' Welfare Fund of the Construction and General Laborers' District Council of Chicago and Vicinity, Chicago Laborers' District Council Retiree Health and Welfare Fund, James S. Jorgensen, LDCLMCC, LECET and the District Council (collectively referred to below as "Creditors"). For valuable consideration, Grantor/s grants to Creditors a security interest in the amount of $277,427.01 in the Collateral to secure the indebtedness and agrees that Creditors shall have the rights stated in this Agreement with respect to the Collateral, in addition to all other rights which Creditors may have by law.

DEFINITIONS. The following words shall have the following meanings when used in this Agreement. Terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America.

Creditors. The word "Creditors" means the Laborers' Pension Fund, Laborers' Welfare Fund of the Construction and General Laborers' District Council of Chicago and Vicinity, and the Chicago Laborers' District Council Retiree Health and Welfare Fund (collectively referred to as the "Funds"), James S. Jorgensen, not individually but as Administrator of the Funds and agent on behalf of the "Related Funds," comprised of the Laborers' Training Fund, the Laborers' District Council Labor Management Cooperation Committee ("LDCLMCC"), the Chicago-Area Laborers-Employers Cooperation and Education Trust ("LECET"), and the Construction and General Laborers' District Council of Chicago and Vicinity ("District Council"), their successors and assigns.

Event of Default. The words "Event of Default" mean and include without limitation any of the Events of Default set forth below in the section titled "Events of Default."

Grantor/s. The word "Grantor/s," either in the singular or in the plural, means ENVIRONMENTAL CLEANSING CORPORATION, its successors and assigns, and MATTHEW A. KONOPKO, individually.

Guarantor/s. The word "Guarantor/s" means and includes without limitation each and all of the guarantors, sureties, and accommodation parties in connection with the indebtedness.

Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Installment Note, including all principal and interest, together with all other indebtedness and costs and expenses for which Grantor is responsible under this Agreement or under any of the Related Documents. In additional the word "Indebtedness" includes all other obligations, debts and liabilities, plus interest thereon, of Grantor, or any one or more of them, to Creditors, as well as all claims by Creditors against Grantor, or any one or more of them, whether existing now or later; whether they are voluntary or involuntary, due or not due, direct or indirect, absolute or contingent, liquidated or unliquidated; whether Grantor may be liable individually or jointly with others; whether Grantor may be obligated as guarantor, surety, accommodation party or otherwise; whether recovery upon such indebtedness may be or hereafter may become barred by any statute of limitations; and whether such indebtedness may be hereafter may become other unenforceable.

Note. The word "Installment Note" means the Installment Note and Guaranty of Payment and Indemnification Agreement entered into by ENVIRONMENTAL CLEANSING CORPORATION and MATTHEW A. KONOPKO with the Creditors on or about June 30, 2016.

Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.

OBLIGATIONS OF GRANTOR. Grantor warrants and covenants to Creditors as follows:

GRANTOR'S RIGHT TO POSSESSION AND TO COLLECT ACCOUNTS. Until default on the Installment Note and except as otherwise provided below with respect to accounts, Grantor may have possession of the tangible personal property and beneficial use of all the Collateral and may use it in any lawful manner not inconsistent with this Agreement or the Related Documents, provided that Grantor's right to possession and beneficial use shall not apply to any Collateral where possession of the Collateral by Creditors is required by law to perfect Creditors' security interest in such Collateral. Until otherwise notified by Creditors, Grantor may collect any of the Collateral consisting of accounts. At any time and even though no Event of Default exists, Creditors may exercise their rights to collect the accounts and to notify account debtors to make payments directly to Creditors for application to the Indebtedness. If Creditors at any time have possession of any Collateral, whether before or after an Event of Default, Creditors shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral if Creditors takes such action for that purposes as Grantor shall request or as Creditors, in Creditors' sole discretion, shall deem appropriate under the circumstances, but failure to honor any request by Grantor shall not of itself be deemed to be a failure to exercise reasonable care. Creditors shall not be required to take any steps necessary to preserve any rights in the Collateral against prior parties, not to protect, preserve or maintain any security interest given to secure the indebtedness.

EXPENDITURES BY CREDITORS. If not discharged or paid when due, Creditors may (but shall not obligated to) discharge or pay any amounts required to be discharged or paid by Grantor under this Agreement, including without limitation all taxes, liens, security interest, encumbrances, and other claims, at any time levied or placed on the Collateral. Creditors also may (but shall not be obligated to) pay all costs for insuring, maintaining and preserving the Collateral. All such expenditures incurred or paid by Creditors for such purposes will then bear interest at the rate charged under the Installment Note from the date incurred or paid by Creditors to the date of repayment by Grantor. All such expenses shall become a part of the indebtedness and, at Creditors' option, will (a) be payable on demand, (b) be added to the balance of the Installment Note and be apportioned amount and be payable with any installment payments to become due during either (i) the term of any applicable insurance policy or (ii) the remaining term of the Installment Note, or (c) treated as a balloon payment which will be due and payable at the Installment Note's maturity. This Agreement also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Creditors may be entitled upon the occurrence of an Event of Default.

REINSTATEMENT OF SECURITY INTEREST. If payment is made by Grantor, whether voluntarily or otherwise, or by guarantor or by any third party, on the Indebtedness and thereafter Creditors are forced to remit the amount of that payment (a) to Grantor's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, (b) by reason of any judgment, decree or order of any court or administrative body having jurisdiction over Creditors or any of creditors' property, or (c) by reason of any settlement or compromise of any claim made by Creditors with any claims (including without limitation Grantor), the Indebtedness shall be considered unpaid for the purposes of enforcement of this Agreement and this Agreement shall continue to be effective of shall be reinstated, as the case may be, notwithstanding any cancellation of this Agreement or, of any note or other instrument or agreement evidencing the Indebtedness and the Collateral will continue to secure the amount repaid or recovered to same extent as if that amount never had been originally received by Creditors, and Grantor shall be bound by any judgment, decree, order settlement or compromise relating to the Indebtedness or to this Agreement.

EVENTS OF DEFAULT. Each of the following shall constitute an Event of Default under this Agreement:

RIGHTS AND REMEDIES ON DEFAULT. If an Event or Default occurs under this Agreement, at any time thereafter, Creditors shall have all the rights of a secured party under the Illinois Uniform Commercial Code. In addition and without limitation, Creditors may exercise any one or more of the following rights and remedies.

MISCELLANEOUS PROVISIONS. The following miscellaneous provides are a part of this Agreement.

CREDITORS:

Laborers' Pension Fund, Laborers' Welfare Fund of the Construction and General Laborers' District Council of Chicago and Vicinity and the Chicago Laborers' District Council Retiree Health and Welfare Fund, James S. Jorgensen, not individually but as Administrator of the Funds and agent for the Related Funds, and the Related Funds comprised of the Laborers' Training Fund, the Laborers' District Council Labor Management Cooperation Committee, the Chicago-Area Laborers-Employers Cooperation and Education Trust, and the Construction and General Laborers' District Council of Chicago and Vicinity

Exhibit 4

Michael Christopher being first duly sworn on oath, deposes and states as follows:

1. I am a Representative of the Field Department, employed by the Laborers' Pension Fund and Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity (the "Funds"), Counter-Plaintiffs in the above referenced action. My responsibilities include oversight of the collection of amounts owed by Environmental Cleansing Corporation (the "Company" or the "Counter-Defendant") to the Funds, and the Funds are further authorized to act in the collection of unpaid Union work dues on behalf of the Construction & General Laborers' District Council of Chicago and Vicinity (the "Union"). This affidavit is submitted in support of the Funds' Motion To Reinstate This Cause And To Enter Judgment Consistent With The Terms Of The Parties' Settlement Agreement.

2. The Company has been a signatory employer at least since July 8, 1999 as reflected by the Funds' records and as shown by the collective bargaining agreement that was attached to the Funds' Answer and Affirmative Defenses in this action (See Docket No. 23-1), and is a true and correct copy of the agreement between the Company and the Union that is on file with the Funds.

3. On or about June 4, 2016, the Funds and the Company (collectively hereinafter the "Parties") signed a Settlement Agreement and Release (the "Agreement") and an Installment Note (the "Note") to resolve the above captioned case, covering the Company's unpaid monthly reports from December 2015 through April 2016. The Company self-reported these amounts and the Funds reserved the right to audit this period for compliance, in which case additional amounts may be owed pursuant to an independent auditor's report.

4. On or about October 27, 2016 the Parties submitted an Agreed Draft Order of Dismissal to the Court, explicitly consenting to the Court's retaining jurisdiction of this action until August 1, 2018, for the purpose of enforcing the Agreement, Note and Guaranty, covering the duration of the Note's payment schedule, allowing the Funds to reinstate the action through August 1, 2018.

5. As of April 11, 2017, the Company defaulted on its Note, when it failed to timely submit its ninth note payment, which was due on April 1, 2017. Thereafter, the Company failed to cure the deficiency, despite repeated requests that the Company remit its delinquent note payments. To date there is a remaining balance on the Note in the amount of $141,615.84 due to the Funds.

6. The Note is explicitly incorporated into the Agreement, assesses untimely paid note payments with liquidated damages at the same rates as untimely made monthly payments, pursuant to the governing collective bargaining agreement, Master Agreement and Declarations of Trust of the respective Funds, to which the Company is bound. The agreements require payment of liquidated damages in the amount of twenty percent of any delinquent principal contributions to the Welfare, Pension, and Training funds. The same agreements establish that liquidated damages are due in the amount of ten percent of the principal amount for delinquent contributions to the LDCLMCC, CAICA and LECET funds, and for Union dues. As the amount remaining on the Note consist entirely of amounts due to the Pension and Welfare Funds, the amount of $7,080.79 is due for liquidated damages, based on the four delinquent unpaid note payments to date (April, May, June and July note payments each in the amount of $8,850.99).

7. Additionally, the Company also breached the Agreement and was in default on the Note when it failed to submit timely its monthly Work Hour reports since March of 2017. The Company owes the Funds for its unreported principal contributions, Union dues, liquidated damages and accumulated interest, but the Funds will be seeking these damages in a new lawsuit against the Company. Thus, the Funds are moving to reinstate this action purely for a judgment against the Company pursuant to its material breach of the Agreement by defaulting on the Note, as well as the Funds are seeking judgment against the Company's president Matthew Konopko, based on his Personal Guaranty ("Guaranty") of the Note that was also explicitly incorporated into the Agreement.

8. Additionally, the Company is obligated under the Agreement and the Note to pay the Funds for the costs associated with its attorneys' fees and costs incurred in its efforts to enforce the Agreement and the Note, including the fees and costs incurred in reinstating this action.

Exhibit 5

Sara Stewart Schumann, being first duly sworn on oath, deposes and states as follows:

1. I am an associate attorney at the law firm of Allison, Slutsky & Kennedy, P.C., counsel for the Plaintiffs Laborers' Pension Fund and Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity (the "Funds") in the action against Environmental Cleansing Corporation, Inc. (the "Company"). This affidavit is submitted to document attorneys' fees and costs incurred by the Laborers' Funds, in its efforts to enforce the Parties' Settlement Agreement and collect on the Company's Installment Note delinquency, covering work performed from the date of Defendant's breach on April 11, 2017 through the present.

2. Since April 11, 2017, this firm has billed the Laborers' Funds on an hourly basis for collection services rendered to the Funds, at a rate of $225.00 per hour for shareholders, $195.00 per hour for associates, and $110.00 per hour for clerks/paralegals. In this cause records kept for legal work on this matter were kept contemporaneously and are attached hereto as Exhibit 5A.

3. This fee report is attached here to as Exhibit 5A and sets forth the time expended from April 11, 2017 through the present, by the firm's attorneys and paralegals in this matter. The billable entries were reviewed, and any duplicate entries were struck. As set forth in Exhibit 5A, the Funds have incurred legal fees to my firm in this matter in the amount of $1,267.50.

Exhibit 5A

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

JUDGMENT ORDER

This cause coming before the Court on motion of Counter-Plaintiffs the Laborers' Pension Fund and Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity and James S. Jorgensen, Administrator of the Funds (collectively herein the "Funds") and the Court having found that the Counter-Defendants were given due notice and properly served.

IT IS HEREBY ORDERED:

A Judgment is entered on behalf of the Funds and against Counter-Defendant Environmental Cleansing Corporation and Counter-Defendant Matthew Konopko in a total amount of $149,964.13 that consists of:

The Court also orders Environmental Cleansing Corporation to obtain and maintain a surety bond, to guarantee the payment of wages, pension and welfare contributions as required by the collective bargaining agreement. It is further ordered that within 60 days of the date of this judgment order, the Company, by and through its President, Matthew Konopko, shall provide written proof that it has obtained such a surety bond to the Plaintiffs' counsel, Sara S. Schumann, of Allison, Slutsky & Kennedy, P.C., 230 W. Monroe Street, Suite 2600, Chicago, IL 60606.