PLAINTIFFS' MOTION TO REINSTATE AND ENFORCE THE PARTIES' SETTLEMENT AGREEMENT

MICHAEL T. MASON, District Judge.

Plaintiffs, the Laborers' Pension and Welfare Funds, by their attorneys, respectfully request this court to reinstate the above captioned matter and amend the complaint according to parties' Settlement Agreement. In support of this motion plaintiffs state as follows:

1. On November 5, 2013, the Court ordered the above captioned matter dismissed, without prejudice, granting leave to reinstate on or before November 30, 2015. (Exhibit 1). Based on the failure of the Company to pay its note payments which are due monthly but have not been paid for October 2014 to the present and its failure to abide by its promise to pay the current contributions, the Funds bring this motion for reinstatement and entry of a judgment, and as provided by paragraph 9 of the Settlement Agreement. (See, Exhibit 2).

2. On or about October 12, 2013, the parties entered into a Settlement Agreement and Release which provided for payment of contributions to the Funds by Riteway-Huggins Construction Services, Inc. ("Riteway"). A copy of the Settlement Agreement and Release is attached as Exhibit 2, and the Installment Notes for contributions owed as shown by reports for the period November through December 2012, and for penalties are attached as Exhibit 3.

3. Plaintiffs seek reinstatement of this matter because, according to the Funds' Field Representative, Michael Christopher whose Affidavit is attached hereto, Riteway failed to pay installment note payments for October 2014 through the present for both installment notes, and failed to pay contributions for May 2015 to the present. Plaintiffs seek an order which includes all amounts delinquent for the balance of each installment note and seek an order requiring the Company to report and pay current contributions.

4. The Settlement Agreement and Release provides in paragraph 9 that the Funds have the right to accelerate and collect all amounts due, after payments are due or within five days of a material breach of the Agreement. Five days have past since the Company failed to pay monthly note payment for October 2014 to the present. A copy of a demand made to counsel for Riteway-Huggins Construction Services, Inc., is attached hereto as Exhibit 5.

5. As established by Michael Christopher, the balance due on one note is $68,429.62, and the balance for the other note is $29,166.60, for a total amount of $97,596.22, in delinquent note payments. (See Affidavit).

6. Plaintiffs will send notice of this motion to Defendant at the law offices James X. Bomes, 8 South Michigan Avenue, Suite 2600, Chicago, Illinois 60603.

7. The Settlement Agreement provides in paragraph 10 that 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 Settlement Agreement and Release. Plaintiffs will seek attorneys' fees and costs for the time expended in collecting amounts due the Funds.

8. The Settlement Agreement provides in paragraph 9 that should Riteway-Huggins Construction Services default on the Settlement Agreement and Release, the Funds have leave to declare the entire unpaid balance due and shall be entitled to entry of judgment against Larry Huggins, individually. The Settlement Agreement allows the Funds to amend the Complaint against Larry Huggins and without further notice to seek judgment against Larry Huggins for all unpaid amounts due.

Wherefore, Plaintiffs request this Court to order the following:

AFFIDAVIT OF MICHAEL CHRISTOPHER

1, Michael Christopher, state the following under oath:

1. I am a Field Representative 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 "Laborers' Funds"), the Plaintiffs in the above referenced action. My responsibilities include oversight of the collection of amounts owed by Riteway-Huggins Construction Services, Inc., (hereinafter referred to as "Riteway-Huggins"). This affidavit is submitted in support of the Laborers' Funds' motion for damages.

2. Riteway-Huggins entered into a Settlement Agreement which provided for monthly payments for two installment notes and required payment of current monthly contributions as they become due and owning to the Funds. According to the Funds' Trust Agreements and collection policy, current contributions are owed by the tenth day after the month in which the hours were worked.

3. The installment note payments referred to in the Settlement Agreement signed by Riteway-Huggins provides for a monthly note payment of $6,971.17. The Company has failed to pay any note payments from October 2014 to the present, and the balance owed for one note is $68,429.62, and the balance owed on the other note is $29,166.60. In addition, the Company failed to pay contributions owed for the work month of May 2015 through the present.

FURTHER AFFIANT SAYETH NOT.

Exhibit 1

Karen Engelhardt

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United States District Court

Northern District of Illinois — CM/ECF LIVE, Ver 5.1.1

Notice of Electronic Filing

The following transaction was entered on 11/15/2013 at 2:34 PM CST and filed on 11/15/2013

Laborers' Welfare Fund for the Health and Welfare Department of the Construction and General

Case Name: Laborers' District Council of Chicago Vicinity et al v. Riteway-Huggins Construction Services, Inc.

Case Number: 1:13-cv-00092

Filer:

WARNING: CASE CLOSED on 11/05/2013

Document

Number: 40

Docket Text:

MINUTE entry before Honorable Michael T. Mason:Parties having filed an amended stipulation to dismiss [39], the Court's 11/5/13 order is amended as follows. The Court retains jurisdiction to enforce the Settlement Agreement and Release executed by the parties. This matter is dismissed without prejudice with leave to reinstate on or before 11/30/15, after which said dismissal will be with prejudice, (rbf,)

1:13-cv-00092 Notice has been electronically mailed to:

Exhibit 2

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 (the "Funds") and Riteway-Huggins Construction Services, Inc. ("Riteway"), and Larry Huggins, as guarantor of the portion of the installment note relating to delinquent contributions, (the Funds and the Defendant will be collectively referred to as the "Parties"), to fully and finally settle and resolve any and all issues raised in Laborers' Pension Fund et al, v. Riteway-Huggins Construction Services, Inc., No. 13 C 0092 (N.D. Ill) (the "Lawsuit"). The Parties agree to the following:

1. Simultaneously with the execution of this Agreement, Riteway, by and through its President, Larry Huggins, will sign two separate installment notes. One relating to delinquent contributions owed for November 2012 and December 2012, and the other relating to liquidated damages and attorneys' fees and costs. The installment note relating to delinquent contributions provides for payment of a total amount of $132,971.68 covering November 2012 and December 2012, contributions in the amount of $120,536.20, and note interest. Huggins will also sign a Personal Guaranty indicating that he personally will guaranty payment to the Funds for the aforementioned delinquent contributions in the amount of $132,971.68, which includes November and December 2012, contributions and note interest.

2. Also simultaneously with the execution of this Agreement, Riteway, by and through it's President, Larry Huggins, will sign a second installment note relating to liquidated damages, attorneys' fees and costs, which provides for total payments of $47,000.00 in liquidated damages and $3,000.00 in attorneys' fees and costs. Both Installment Notes and the Personal Guaranty are incorporated by reference into this Agreement.

3. Riteway will make a down payment of $15,663.76, within 30 days of executing this Agreement. Riteway will pay both installment notes for 24 consecutive months beginning on November 1, 2013 and ending on November 1, 2015. All of the note payments as described by the installment notes are hereinafter referred to as the Settlement Payments and must be made in accordance with the terms and conditions provided in the installment notes. In addition to amounts owed and paid under the installment notes, Riteway agrees to report and pay all on going 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.

4. Riteway represents that it has properly reported contributions due to the Funds for November 1, 2012 through the present, however contribution amounts for these months have not been reviewed by the Funds' auditors. As consideration for the Funds' acceptance of this representation and the documentation submitted by Riteway in support of such representations, Riteway hereby agrees to permit the Funds an opportunity to audit the books and records of Riteway, pursuant to the collective bargaining agreement, Trust Agreements and the Funds' policies. Riteway agrees that it may be liable for contributions owed, in the event that an audit determines amounts owed to the Funds. The parties agree that after an audit report is presented to Riteway in the regular course of business, the Funds may, at their discretion, reinstate this cause or refile an action against Riteway seeking unpaid contributions for the identical time period.

5. Beginning on November 1, 2013, and continuing until the sum of $25,000.00 has been paid, Riteway will make monthly payments of $250.00 for a cash bond.

6. The amount of $4,185.00 represents an amount owed by Riteway for Union dues. Riteway will make a payment in the entire amount of $4,185.00 within 60 days of executing this Agreement.

7. Riteway may prepay the amounts due in this Settlement Agreement at anytime. If Riteway seeks to pay the total amounts owed before November 1, 2015, the Funds will make a determination of the balance owed on the date of the prepayment. Riteway is responsible for all note interest owed to the Funds which in the event of prepayment, will be redetermined.

8. The Parties agree that the Settlement Payments referred to above and in the applicable paragraphs of the installment notes represents a resolution of the Lawsuit for period covering September 1, 2012 to April 30, 2013.

9. In the event that Riteway 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, Riteway shall be deemed in default within five (5) days after payments are due, or within five days of a material breach of the terms of this Agreement or Installment 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 monthly payments plus the unpaid balance owed under the installment notes). After notice of default, defendant shall have five (5) business days to make full note payments owed and/or current contributions owed. After five (5) business days, should defendant fail to cure, the Funds, on motion in accordance with the Court rules and notice-to Riteway, and Larry Huggins, shall be entitled to entry of judgment by the Court against Riteway and against Larry Huggins, individually, insofar as Riteway is deemed in default of the installment note relating to delinquent contributions. The Funds shall have leave to amend the Complaint seeking judgment against Larry Huggins, without further notice, for all unpaid amounts due as described by this Agreement, the installment notes and the personal guaranty and for reasonable attorneys' fees, incurred by the Funds in obtaining said judgment order.

10. 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. Defendant Riteway and/or Larry Huggins 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 this Agreement.

11. In consideration of the receipt of all amounts owed as described in the foregoing paragraphs and promises made by the parties, the Funds hereby release and discharge Riteway 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 period from September 3, 2012 to April 30, 2013.

12. The Parties agree to execute a Stipulation of Voluntary Dismissal which will dismiss all claims asserted by the Funds against Riteway in this Lawsuit after receipt by the Funds' counsel of record, Karen I. Engelhardt, of an original or a copy of the Settlement Agreement and Release, the installment notes and personal guaranty executed by Riteway, without prejudice through November 30, 2015. The Parties agree that Paragraph 9 provides for the reinstatement of the Lawsuit in the event the terms of the Agreement and/or installment notes are breached, and/or in the event that Riteway fails to maintain its obligations under the collective bargaining agreement and the Funds' respective Agreements and Declarations of Trust.

13. This Agreement is entered into solely for the purpose of settling disputed claims, and shall not be construed as an admission by Riteway 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 Riteway denies engaging in unlawful conduct, and this Agreement does not constitute an admission by Riteway of any violation of any law, regulation, collective bargaining agreement or declaration of trust.

14. This Agreement and the installment notes 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 Riteway.

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

16. Each party signing this Agreement represents to the other party that it has the authority to release the claims, demands and causes of action which are purported to be released herein and note of said claims, demands or causes of action has been previously assigned to or is owned by any other person or entity.

17. 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 Settlement Agreement and Release and in the Installment 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 this Settlement Agreement.

18. 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.

19. 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 Installment Note.

Exhibit 3

This Installment Note ("Note") is made between the Laborers' Pension Fund ("Pension Fund") and Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity ("Health and Welfare Fund" or collectively the "Funds"), the parties of the first part, and Riteway Construction Services (the "Company"), the party of the second part.

WHEREAS, the Company has at all relevant times been party to a collective bargaining agreement ("CBA") with 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 November through December 2012.

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 8th day of the Oct, 2013.

This Installment Note ("Note") is made between the Laborers' Pension Fund ("Pension Fund") and Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity ("Health and Welfare Fund" or collectively the "Funds"), the parties of the first part, and Riteway Construction Services (the "Company"), the party of the second part.

WHEREAS, the Company has at all relevant times been party to a collective bargaining agreement ("CBA") with 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 benefit reports and, as a result, owe liquidated damages to the Funds.

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 ____ day of the _____, 2013.

Exhibit 4

GUARANTY OF PAYMENT AND INDEMNIFICATION

This Guaranty ("Guaranty") is made as of ________________ by the undersigned, _________, (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, Riteway Construction Seivices (the "Company") has agreed to pay a total of $132,971.68 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 THEREFORE WHEREAS, 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 twentyfour (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").

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 eveiy 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 patty' 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, _____________. 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 inter 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 count)' 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 three undersigned Guarantors has executed this instrument as of the date and year first above written.

Exhibit 5

Dear Mr. Bormes:

I am writing to you regarding your client, Riteway-Huggins Construction Services. Your client is behind in both note payments and current contributions for the months of October, 2014 to the present.

I will take legal action in this matter if payments are not made by March 13, 2015. Please contact me at your earliest convenience.