Free Response to Motion - District Court of Federal Claims - federal

Case 1:05-cv-00507-JFM

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No. 05- 507C (Senior Judge Merow)

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
CRAIG- BUFF LIMITED PARTNERSHIP a Nevada Limited Parnership,

Plaintiff

THE UNITED STATES
Defendant.

APPENDIX TO PLAINTIFF' S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

GORDON & SILVER , LTD. ERIC R. OLSEN , ESQ.
3960 Howard Hughes Parkway, 9th FI. Las Vegas , Nevada 89109 Tel: (702) 796- 5555

Fax: (702) 369- 2666
Attorneys for Plaintiff

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INDEX OF EXHIBITS

CIT Note
Loan Agreement

SBA Approval Letter

SBA Settlement Sheets
Written Pay-off Demand

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EXHIBIT

88003- 002/365700

. CCAN: 5339
" .z,

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S. Small Business Administration
NOTE
Las Vegas , NV
(City and State)

$245 000

October 28. 1997
. For value received , the undersigned promises to pay to the order of
AT&T Small Business Lending Corporation

at its offce In the city of

(Payee)
Parsippany ,
, State of
New Jersey

or at holder's option , at such oth r place as may be designated from time to time by the holder

Two Hundred Fort Five Thousand
(Write out amount)
wit interest on unpaid principal

dollars
10. 75%

computed from the date of each advance to the undersigneq at the inital rate

percent per annum , payment to be made in installments as follows:
Note Payable: Note. Then, equal monthly

thereafter, unless the amount of any installment changes pursuant hereto
hereunder shall be payable on or before percent

Six (6) installments of interest only wil be installments of principal and interest in the amountpayable of $

on the first

day

341

wil be due on the first

maximum rate allowable under applicable law.
is not received within ten (10) days ofthe due date.
THIS IS

, The balance of principal, Ten (10) years and Five (5) months from the date ofthis Note. accred interest and all other amounts due (10. 75%) per annum. Each payment The initial interest rate shall be shall Ten and be applied first and the balance , If any, to principal and then to any other amounts due hereunder to the interest acced to the date of receipt of said payment , including late charges. The Interest rate shall not exce the

of each month following the .date of this of each and every month day

Three Quarters

Late Charges: Borrower agrees

to pay a late charge equal to five percent (5.

0%) of the payment amount due If such payment

'

' and October 1 (each an " Adjustment Date
effct as of such

A VARIABLE RATE LOAN. Commencing on the first Adjustment Date (as defined below) and continuing on each . rate wil fluctuate in accordance with the " Prime Rate" as published in the Money Rates section of Journal on such date (or if The Wall Stret Journal Is not published' on such date , as published in The Wall business day after such date, or if no such rate is published in The Wall Stret Journal on the first The Wall Simet Journal newspaper as selected by the holder of this Note (the " then the prime rate as published In a national Holder'l The interest rate (spread) to be added to the Prime Rate at the beginning fjnanci daily of each applicable adjustment period wil be Two and One Quarter percent (2. 25%) . Each adjustment period . the calendar quarter following will be quarterly, beginning 1 the date of this Note. Adjustment periods and calendar quarters shall commence on each Januaryon the first day of
Adjustment Date thereafter, the interest .

Strt

, April 1 .

July-

The interest rate on this Note shall incrase Adjustment Date. .

or decrease on each Adjustment Date by adding the spread

to the Prime Rate in

Upon any changes in the interest rate

remaining principal balance in equal monthly payments of principal and Interest over the remaining term of the

, the above monthly principal and Interest payment shall '
be adjusted to amortize the

loan. Holder shall give written notice to the undersigned of each increase or decrease in the interest rate within e effective date of each rate adjustment; however thirt (30) days , the fluctuation of the interest obligation to make any whether due under this Note. any . failure of the Holder to give such notice shall not relieve the Borrower from any rate Is not contingent onpayment the notice is given and.after
If the undersigned shall be in default of payment due on the indebtedness herein and the Small Business Administration (SBA) purchases its guaranteed portion of said indebtedness , the rate of interesJ on both the guaranteed and unguaranteed portions herein shall become fied at the rate in

Undersigned shall not be In de ault rate in effect as of the purchases its guaranteed portion , the rate of interest on both the guaranteed and unguaranteed portions shall be fIXed at thein payment whenSBAdate of purchase by SBA.
If this Note contains a fluctuating interest rate
of notice). Payment of any Installment of principal or interest

effect as of the date of default. If the

, the notice provision is not a pre-cndition for fluctuation (which shall take place

Borrower shall. provide lender with written notice of intent
prepayment date. A prepayment
balance. If borrower makes a prepayment and fails to give at

is any payment made ahead of schedule that exceeds twenty (20) per

regardless on this Note may be mad prior to the maturit date thereof without penalty. to prepay part or all of , this loan at least three (3) weeks prior to the
owing

anticipated

provision to the contrary in this note or other document
the date preceding such prepayment.

least three weeks advance notice of intent to prepay, then , notwithstanding any other , borrower shall be required to pay lender three weeks interest on the unpaid principal as of

nt of the then outstanding principal

SBA Form 147 (5-87) Previous editions obsolete

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. . )1 shall .Including principal , interest, and expenses whether contingent, now due or hereafter to become due and whether heretofore or contemporaneously herewith or hereafter contracted. The term

term " Indebtedness " as used

mean the Indebtedness evidenced by this 1\

Collateral" as used in this Note shall mean any funds , guaranties , or other propert or
thereof which may have been , are , or hereafter may be , hypothecated

rights therein of any nature whatsoever or the proceeds , or as

The Collateral , and each part thereof, shall secure the Indebtedness and each part thereof. The covenants and conditions set forth or referred to in any and all instruments of hypothecation constituting the Collateral are hereby incorporated

security for,

, directly or indirectly by the undersigned or others , in connection with

the Indebtedness or any part thereof.

in this Note as covenants and conditions of the undersigned with the same force and effect as though such covenants and conditions were fully set

forth herein.

The Indebtedness shall immediately become due and payable , without notice or demand
liquidator,
whether voluntary or involuntary, for the undersigned or for any of its

, upon the appointment of a receiver or

undersigned under the provisions of any State insolvency law or under the provisions of the Bankruptcy Reform Act of 1978

property, or upon the filing of a petition by or against the
, as amended , or upon authorized to declare all or any part of the Indebtedness

the making by the undersigned of an assignment for the benefi of its creditors. Holder Is
immediately due and payable upon the happening of any of the nonperformance by the undersigned following

events: (1) Failure to pay any part of the Indebtedness when due; (2)
Administration s failure in any application of the ulldersigned to

of any agreement with, or any condition imposed by, Holder or Small Business

called " SBA"), with respect to the Indebtedness; (3) Holder's discovery of the undersigned'

(hereinafter

Holder or SBA to disclose any fact deemed by Holder to be material or of the making therein or in any of the said agreements , or in any affdavit or other documents submited in connection with said application or the indebtedness , of any misrepresentation by, on behalf of, or for the benefit of the
undersigned; (4) the reorganization (other than a reorganization pursuant to any of the provisions of the

amended) or merger or consolidation of the undersigned (or the making of any agreement therefor) without the prior

Bankrptcy Reform Act of 1978 ,

as

the undersigned' s failure duly to account , to Holder's satisfacton , at such time or times as Holder may require , for any of the Collateral or proceeds . thereof, coming into the control of the undersigned; or (6) the instiution of any suit affecting the undersigned deemed by Holder to affect adversely

wrien consent of Holder, (5)

its interest hereunder in the Collateral or otherwise. Holder's failure to exercise its rights under

this paragraph shall not constiute a waiver thereof.

Upon the nonpayment of the Indebtedness , or any part thereof, when due , whether by accleration or otherwise , Holder is empowered to sell, assign, and deliver the whole or any part of the Collateral at public or private sale , without demand , advertisement or notice of the time or place of sale or of any adjoumment thereof, which are hereby expressly waived. After deducting all expenses incidental to or arising from .such sale or sales , H lder may apply the residue of the proceeds thereof to the payment of the Indebtedness , as it shall deem proper, returning the excess , If any, to the undersigned. The undersigned hereby waives all right of redemption or appraisement whether before or after sale.

Holder is further empowered to collect or cause to be collected or otherwise to be converted into money all or any part of the Collateral . by suit or otherwise , and to surrender, compromise , release , renew
undersigned or ariy assignee. Whenever any Item of the Collateral shall not be paiq when due

, extend , exchange , or substitute any item of the Collateral in transactions with the undersigned or any third part, irrespective of any assignment thereof by the undersigned , and without prior notice to or consent of the
, or otherwise shall be in default , whether or not the

ind btedness , or any part thereof, has become due, Holder shall have the same rights and powers with respect to such item of the Collateral as are

granted in this paragraph in case of nonpayment of the Indebtedness , or any part thereof , when due. None of the rights , remedies , priileges , or powers of Holder expressly provided for herein shall be exclusive , but each of them shall be
remedy, privilege , and power now or hereafter existing in favor of Holder

cUmulative with and in addition to every oth er right, , whether at law or equit, by statue or otherwse.

, The undersigned agrees to take all necessary steps to administer , supervise , preserve , and protect the Collateral; and regardl ss of any action taken by Holder, there shall be no dut upon Holder in this respect. The undersigned shall pay all expenses of any nature , whether incurred in or out of court, .and whether incurred before or after this Note shall become due at it matuiity date or otherwise , including but not limne reasonable attomey s fees and costs , which Holder may deem necessary or proper in connection with the satisfaction of the Indebtedness or the administrtion, supervision , preservation , protection of (including, but not limited to , the maintenanCe of adequate insurance) or the realization upon
time to time any or all of such expenses, add the amount of such payment to the amount of the Indebtedness , and charge Interest thereon at the rate specifed herein with respect to the principal amount of this Note. the Collateral. Holder is authorized to pay at any time and from

The securiy rights of Holder and its assigns hereunder shall not be impaired by Holder's sale
note of the undersig

, hypothecation or rehypothecation of any

ed or any item of the Collateral, or by any indulgence , including but not limited to (a) any renewal

. which Holder may grant wit respect

exchange , or substiution which Holder may grant in respect of the Collateral
or surety. The purchaser,

to the Indebtedness or any part thereof, or (b) any surrender, compromise, release renewal

, extension , or modification
extension,

, or (c) any indulgence granted in respect of any endorser

assignee , transferee , or pledgee of this Note , the Collateral , and guaranty, and any other document (or any of them), sold , assigned, transferred , pledged , or repledged , shall forthwith become vested with and entitled to exercise all the powers and rights given by
this Note and all applications of the undersigned to Holder or SBA
, as if said purchaser, assignee , transferee , or pledgee were originally named as
Payee in this Note and In said application or applications.

, guarantor

SBA Form 147 (5- 87)

P",n.. ?

Ihis promissory note is given to
and Regulations of SBA (13 C.

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accrdance with

applicable Federal law.

,. jng and , pursuant to Part 101 of the Rules 101.1(d)), this instrument is to be construed and (when SBA is the Holder or a part In interest) enforced in

J a loan which SBA is making or in which it Is pa, '

Note. - Corporate. applicants must execute Note , incorporate attested; partnership applicants must execute Note in firm name

name , by duly authorized offcer

, and seal must be affIXed and duly

, together with signature of a general partner.

SBA Form 147 (5-87)
Page 3
'* U. S.

GPO: 1994-379- 770/19140

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EXHIBIT 2

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AUTHORIZATION AND LOAN AGREEMENT
(Guaranty Loan)

2-

S. Small Business Administration Las Vegas District Offce
Post Offce Box 7527

LOAN NUMBER:PLP1618324004

Las Vegas , Nevada 89125

Lender:
AT&T Small Business Lendinq Corporation

5613 DTC Parkway. Suite 450

Enqlewood. CO "80111
Your request dated in the amount of

October 15. 1997 for SBA to guarantee SEVENTY FIVE PERCENT (75%) of a loan $245. 000. to be made by Lender to Craiq- Buff Limited Partnershio. 4620 E. Russell Road. Las Veqas. NV 89120 is h ereby approved pursuant to Section 7a of, the Small Business Act as

nded.

THE FOLLOWING FORMS ARE MEREWITH ENCLOSED:
Three copies of SBA Form 147 Note, one to be executed by the Borrower , the other two to be conformed. :

The original executed copy must be retained by you and. one conformed copy must be sent to SBA ' immediately after first disbursement.

. Borrower to reflect each disbursement. Prompt reporting of disbursements is necessary. Return the first two copies (" Denver FOD" copy and " Servicing Offce " cqpy) to SBA at the District Offce Address shown

above.

Copies . of the SBA Form 105 0 Settlement Sheet are to be completed and

executed by Lender and

SBA Form 159 Compensation Agreement shall be executed . by

Borrower ,

its representative and Lender

and returned to 9BA if Borrower has employed an attorney, accountant or ' other representative , or if Borrower. is charged fees . for services . by Lender or an associate of Lender. If no such fees have been charged , please 'write " None " and return the form , executed by the Lender, to SBA.
The original . copy , of this Authorization shall be executed prior to first disbursement. and retained in loan file by the Lender. Additional SBA Forms required , jf any, are itemized below.
SBA Form 148 - Guaranty 1 Set SBA Form 160-A - Certificate as to Partners SBA Form 641 - Reques for Counseling SBA Form 722 - Equal Employment Opportunity Poster SBA Form 793 - Notice to New SBA Borrowers

(Rcvision 3. )

- 12/93)

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THIS AUTHORIZATION IS SUBJECT TO:

Supplemental Guaranty Agreement between Lender and SBA1993 . and any
01 First disbursement of the loan being made later than ade not later than

Provisions of the Guaranty Agreement between Lender and SBA , dated

November 3.

Nine (9) months ,

Six (6) months ,

and no disbursement

being

pursuant to prior written consent by SBA

from the date of this Authorization , unless such time is extended

02 No disbursement of this loan shall be made beyond the maturity date established below , unless such time is extended pursuant to prior written consent of SBA (FOR LINES OF CREDIT)

Receipt by lender of sC!tisfactory evidence that there has been no unremedied adverse change since the

further disbursement.

any other condition of Borrower, which would warrant withholding or not making any such disbursement or any

date of the Application , or since any of the preceding disbursements , in the financial or

The representations made by Borrower in its loan application, the requirements or Lender's application form , including the supporting documents thereto , the conditions any future conditions imposed . by Lender (with prior SBA approval).

conditions set forth in

et forth herein and

content and format of said alternate forms. (This waiver does not apply to SBA Form 147 Note and SBA
Guaranty, which are mandatory forms.
Borrower and Guarantors ,
entitled to and hereby waive

Notwithstanding any other provisions of this Authorization , the lender may use its own formes) in lieu of standard SBA forms , provided Lender has obtained SBA' s prior written consent as to specific
Form 148

the right to claim or assert any immunities or defenses, including but not limited to any right of subrogation and/or contribution against SBA , which may be available under local, law , to defeat , modify, or ,otherwise limit their obligation to repay any monies advanced by Lender to Borrower pursuant to the terms of this loan

if any, acknowledge that in accordance with 13 CFR Part 101 , they are not

Authorization.

fee equal to one- half of one percent per . annum on the guaranteed portion of the outstanding balance. This fee shall be paid by the lender following the receipt of a payment from the borrower. The fee may ri6t be charged to the borrower and shall be received by . the. SaA-designated fiscal and transfer agent by the third day of the month (or the next business day), following receipt of a scheduled l)ayment. This is a two business day grace period after the due date. lender agrees to report the status of all of its SBA guaranteed loans on a monthly basis using SBA form 1502 or an acceptable electronic format.

lender agrees to pay an ongoing guaranty

REPAYMENT TERMS:

3.A

Repayment term , interest rate(s), and maturity.
Repayment terms

paragraphs:

contained in the executed SBA Form 147 Note

shall conform to the following

(Revision 3. 1 - 12/93)

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Note Pc. Jle: Six (6) installments of interest 0, will be payable on the first day of each month following the date of this Note. Then. equal monthly installments of principal and interest in the amount of $ 341. will be due on the first day of each and every month thereafter. unless the, amount of any installment changes pursuant hereto. The balance principal. accrued interest and all other amounts due hereunder shall be payable on or before Ten (10) years and Five (5) months from the date of this Note. The initial interest rate shall be Ten and Three Quarters percent ( 10. 75% ) per annum. Each payment shall be applied first to the interest accrued to the date of receipt of said payment, and the balance, if any, to principal and then to any other amounts due hereunder , including late charges. The interest rate shall not exceed the maximum rate allowable under applicable law.

Late Charges: Borrower agrees to pay a late charge equal to five ' percent (5. 0%) of the payment amount due if sucK payment is not received within ten (10) days of the due date,

THIS IS A VARIABLE RATE LOAN. Commencing on the first Adjustment Date (as defined below) and continuing ' on each Adjustment Date thereafter , the interest rate will
fluctuate in accordance with the " Prime Rate " as published in the Money Rates section of
Wall Street Journal published in is published in on such date (or if e Walt'Street Journal The Wall Street Journal The Wall Street Journal

The

is not published on such date , as

on the first business day ,after such date, or if no such rate
then the prime rate as published in a national daily

financial newspaper as selected by the holder of this Note (the " Holder"), The interest rate
. (spread) to be added to the Prime Rate at the be i!1ning of each applicable adjustment . period will be Two and One Quarter percent (2. 25% Each adjustment period will be quarterly, beginning on the first day of the calendar qu rter following the date of this Note. -Adjustment periods and calendar quarters shall commence on each January 1 , April 1, July 1 and October 1 (each an "Adjustment Date

The interest rate on this Note shall increase or decrease on each Adjustment Date by adding the spread to the Prime Rate in effect as of such Adjustment Date.
Upon any changes in the interest rate, the above monthly principal and interes payment principal balance in equal monthly payments of principal and interest over the remaining term of the loan.
shall be adjusted to amortize the remaining

Holder shall give written notice to the un dersigned of each increase or decrease in the interest rate within thirt (30) days after the effective date of each rate adjustment; however , the fluctuation of the interest rate is not contingent on whether the notice is given and any failure of the Holder to give such 110tice shall !lot relieve the Borrower from any obligation to make any
paY ment

due under this Note.
herein and

the Small Business Administration (SBA) purchases its guaranteed portion

If the undersigned shall be in default of payment due. on the indebtedness

of said

indebtedness , the rate of interest on both the guaranteed and unguaranteed portions herein shall become fixed at the rate if) effect as of the date of default. If the Undersigned shall not be in default in payment when SBA purchases its guaranteed - portion , the rate of interest on both the guaranteed and unguaranteed portions shall be fixed at the rate in effect as of the date of
purchase by SBA.

0003
(Rcvision 3. 1 - 12/93)

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made ahead of schedule that exceeds twenty (20%) percent

8'0fF0Wer' shi3IVpi'ovide,'HQlder. with,written notice . of . intent to,prepaypartor. aUof' 1his leaR"at"least" 2'1ealeAdarcdayspriof, to,the'prepaymentdate, A prepayment is any payment

days advance notice of intent to prepay, then, notwithstanding any other provisions to the contrary in this Note or other document. Borrower shall pay Holder 21 days interest on the.

of the then outstanding principal balance before such prepayment. If Borrower makes a prepayment and fails to give at least 21

unpaid principal as of the date preceding such prepayment.

USE OF PROCEEDS Of: LOAN AS FOLLOWS:
Approximately

$144. 533. for construction of a car wash Road, Las Veqas , NV 89120

located at

4620 E. Russell

Approximately

$14.453,
$80. 000.
$1, 005.

to pay construction contingency,

Approximately

to purchase business machinery and equipment.

Approximately

for working capital to be dispursed

as deemed necessary by

Lender.

Proceeds not expended for purposes indicated above may be disbursed as additional working capital provided said funds do not exceed ten percent (10%) of the specific purpose authorized or $10 000 , whichever is less.
Approximately

$5, 009. for other purposes as follows: Construction Loan Interim Interest (Disbursements of proceeds under this allocation to be made monthly by direct payment to

lender without use of a joint payee check.
COLLATERAL.

C:03

Third Deed of Trust (including Assignment of Rents) on land and improvements owned by

Craia- 8uff Limited Partnership 89120 , subject only to prior liens held by
$799, 732.
based upon

and located at

4620 E. Russell Road . Las Veqas, NV
and

Ventures Capital Development Co. with outstanding
clause.

AT&T Commercial-Finance Corporation

New

balances of app oximately

and $655, 000. respectively. Evidence of title and priority of lien wil be STANDARD TITLE . POLICY . Deed of Trust must include a Due-on- Sale

First security interest to be taken by Financing Statement and Security Agreement in all of the following personal property, now owned or hereafter acquired , wherever located , and proceeds therefrom:
04.
04.

Machinery, Equipment , and Furniture
EXCLUDING Titled Motor Vehicles

(Revision3. l

- 12/93)

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Fixtures
Inventory
Harsh Sidhu and secured by a Fourth Deed of Guaranty on SBA Form 148 executed by 4537 Special Court, Las Veqas, NV 89130 Trust on land and improvements located at Southwestern Mortqa and First Home Acceptance subject only to prior liens held by Mortqaqe and California , Lendinq GrouP. Inc. with appCQ mate outstanding balances of $10 000. respectively.) Evidence of title and priority of and $128, 150. and $6, 000.
lien will be based upon

clause.
4.A

Limited Fast Policy , Deed of

Trust must include

a Due-an- Sale

TO FURTHER INDUCE SBA TO GUARANTEE THIS LOAN BORROWER AGREES TO THE
FOLLOWING CONDITIONS DURING THE TERM OF THIS LOAN:

Execution of all documents required in Item 1 above.
Reimbursable Expenses -

Borrower wil ' on demand, reimburse Lender for any and all expenses incurred , or which may be hereafter incurred , by Lender from time to time in connection with or by reason of Borrower s application

for, and the making and administration of the loan.
Books , Records and Reports i(gnbeAdep; ar1":!lor';'5B'A. ep;.pfeperC',g0'0' s;;'0f"aeG- 0crnF1l'"a"5ftiaTIn"er" 1rsf Borrower hereby authorizes Lender or SBA to make or cause to be made , at Borrower's expense and in such manner and. at such times as Lender or SBA may require , (a) inspections and audits of any books,

miwer..wini!8

II"'time'sz;ke'

, business conditions ,

or control of Borrower or others , relating to Borrower's financial or including the making of copies thereof and extracts therefrom , and (b) inspections twelve month period and appraisals of any of Borrower s assets. Borrower wil furnish to Lender for the December 31, 1997 and annually thereafter (no later than 3 months following the expiration of any ending such period) and at such other times and in such form as Lender may prescribe , Borrower's financial and

records and paper in the custody

therefore by Lender or SBA.

all Federal , State and municipal authorities to .furnish reports of examinations , records , and other information relating to the conditions and affairs of Borrower and. any desired information from reports , returns, files, ar:d records of such authorities upon request
operating statements. Borrower hereby authorizes

The Borrower's financial and operating statements required in Paragraph 4. C herein shall include annual financiai statements compiled by an independent public accountant submitted within ninety (90) days of the close of Borrower's fiscal year.
If loan is not closed within 3 MONTHS month(s) from date of the Authorization, Borrower shall furnish Lender current, signed financial statements for the business , each prindpa/:::nd each guarantor.

(Revision 3. 1 - 12/93)

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prior

Borrower shall
approval of Lender.

execute any contracts for managen

. consulting services without

Distributions , and Compensation

If Borrower is a corporation, the written consent of the Lender is required to declare or pay any dividends or make any distribution upon its capital stock, or purchase or retire any capital stock.
Lender's approval is also required if a corporate borrower intends to consolidate, or merge with another company. or give any preferential treatment, make any advance , directly or indir ctly, by way of loan , gift , bonus or otherwise. to any company, directly or indirectly, controllng or ffliated

with or controlled by corporate Borrower , or any other company, or to any offcer.
employee of Borrower , or of any such company.

director or

If Borrower is a partnership or individual , Lender's approval is required to make any distribution of assets of the, business of Borrower , except for reasonable compensation for services. or give any preferential treatment , make any advance , directly or indirectly, by way of loan , gift, bonus or

otherwise , to any partner or any of its employees, or to any company, directly controllng or affliated iNith or controlled by Borrower , or any oth er company.
Regardless of the Borrower s structure (corporate ,

or indirectly

without prior consent of Lender ,

(a) pledge ,

partnership or individual) Borrower wil not mortgage or otherwise encumber in any manner

whatsoever any of Borrower s present or after acquired property or assets , (b) borrow money or obtain a loan from any person, corporation or any other source , (c) make any investments in

other business or real propert, (d) make or guarantee any advances or loans. made to others , (e)

its assets.
OTHER PROVISIONS.
F.02

incorporate , if presently a partnership or sole proprietorship, and (f) sell a substantial part. or all of

SBA Form 147 Note shall be executed by. Craiq- Buff Limited Partnership (a partnership) and by Harsh Sidhu , as individuals and as general partner.
Borrower to execute SBA Form 159 Compensation Agreement prior to first disbursement.
Borrower to execute SBA Form 641 Request for Counseling prior to first disbursement.

F.05

Prior to first disbursemen , Borrower shall provide Lender an executed .copy of its. Partnership Agreement and shall Qomplete SBA Form 160A Certificate as to Partners.
Borrower will post in its place of business SBA Form 722 Equal Opportunity Poster where it will be clearly visible to employees , applicants for employment , and members of the general public.

Prior to first disbursement, the Lender must be in receipt of evidence of the kind described below from an independent;:authoritative source which is suffcient. to indicate to the Lender thal:."the"

property is not in a special hazard area. If such evidence is not provided

to the Lender . the

borrower must obtain , and maintain , Federal Flood Insurance or other appropriate special hazard

(Rcvision 3. 1 - 12/93)

0006

Case 1:05-cv-00507-JFM

Document 10-2
Document 8

Filed 09/26/2005
Filed 08/26/2005

Page 14 of 31

Case 1 :05-cv- 00507- JFM
insurance in am

Page 9 of 15

s and coverages . equal

to the lesser 0

the insurable value of the property

or (2) the maximum limit of coverage available. Evidence that required flood or special hazard insurance has been acquired may be in the form of proof of payment to any licensed insurance
agent specifically relative to the required flood or hazard insurance or a copy of the required flood which has been or hazard insurance or a copy. of the required flood or hazard insurance policy future disaster assistance or SBA loan eligible for either any
issued. Borrower will not be

assistance if this flood or hazard insurance is not maintained as stipulated herein throughout the entire term of this lo

an.

As evidence that. the property is not located within a special hazard area subject to flooding, mudslides, erosions or earthquakes, the Lender may rely on a determination of flood zone or special hazard area status by the applicant' s property & casualty company, real estate appraiser title insurance company, a local government agency or other authoritative source approved by
SBA which would ordinarily have knowledge of the special hazard area status for
being finance.
the property

Borrower and/or owners of the collateral shall provide and maintain fire , lightning and extended coverage for the maximum insurable amount on all real and personal property taken as collateral naming Lender as Mortgagee or Loss Payee and providing tha the interests of the Mortgagee or

Loss Payee shall not be impaired
Prior to first disbursement ,
$102. 513.

or

invalidated by an act or

neglect of the ownerlinsured.

Insurance policy shall refer to the SBA loan number.
Lender

is to be in receipt of evidence of injection

of at least

by Borrowerfor use as follows:

Buildina Improvements. Franchise Fee . Construction

Fees, Miscellaneous closina costs.

evidence that it is duly licensed.
50% of the square footage of building(s) purchased with the proceeds of this loan.

Prior to or at the time of the first disbursement, Borrower shall provide Lender with satisfactory

Borrower certifies that subject firm wil occupy, at all times during the term of this loan, more than
, the

following are required:
39:a
writing.

Priorto commencement of construction and prior to any disbursement on account of the loan

Borrower must submit final plans and specifications for review by Lender. Plans may not be changed thereafter.without prior written approval of Lender and , if applicable , corporate surety in
Borrower must submit evidence of Builder's Risk and Worker s Compensation insurance to be
carried by the contractor.

39.

39.

Borrower must furnish a copy of a firm construction contract from an acceptable contractor at a $144. 533. , including a provision that no material changes in the approved plans and speCifieatibns wil be ordered or permitted without prior written' consent of ' Lender and , if applicable , of the surety company issuing the surety bond.
specified price not to exceed

(Rcvision 3.

. 12/93)

000,

Case 1:05-cv-00507-JFM
Case 1:05-cv- 00507- JFM
39. 39.

Document 10-2
Document 8

Filed 09/26/2005
Filed 08/26/2005
601,

Page 15 of 31

Page 10 of 15

Borrower and Cl

Jctor must execute SBA Form

nt' s Agreement of Compliance.

Borrower must execute Note and Deed of Trust in favor of Lender with Deed of Trust to be fied of record prior to commencement of any construction.

39.f

Proceeds of this loan for the purpose of construction

to be

disbursed upon completion of

construction or in accordance with terms of construction contract. If disbursed on the basis of progress payments , each disbursement must pay all construction costs to date of contractor invoice , less ten percent (10%) retainage to be disbursed upon completion of the contract.
39. 39.

Inspections must be made by qualified individuals, prior to all progress disbursements.

Prior to any disbursement on account of the loan, Lender to be in receipt of evidence satisfactory payment in full of the cost of construction and that no unpaid labor or material liens wil exist. Prior to any disbur ement of construction funds , lien waivers must be obtained from all contractors , subcontractors and any independent workers involved in the construction. A lien-free endorsement from the title company involved also must
to Lender that proceeds wil complete

be obtained.
tq

39.i

Any overruns in construction cost wil be paid by the Borrower.

39.

The construction , when completed, will conform to all state and local building, zoning, and sanitary

codes.
39.

All new facilties shall be designed and constructed

be readily accessible to and usable by

handicapped persons in accordance with the Americans with Disabilties Act of 1990 , 42 U. 912101 , et seq. , which is incorporated by refe ence , and as required by local building code. The standards cited above are the minimum acceptable standards for accessibilty purposes.
39.1

In the construction of a new building or an addition to a building, the construction must conform

with the " National Earthquake Hazards Reduction Program Recommended Provisions for the Development of Seismic Regulations for New Buildings. " Compliance with these requirements
shall be evidenced by. a certificate issued by a licensed building architect, construction engineer or

similar professional , or a letter from a state or local government agency stating that the issuance of an occupancy ,permit is required and is sUbject to conformance with building codes and that
the local building codes include the Seismic standards.

F.40

Prior to any disbursement .. Borrower must have spent not less than funds toward the new construction.

$55. 000.

of Borrower s own

F.41

Lender may charge the Borrower a one-time fee not to exceed two percent (2%) of the portion of

the loan designated for construction. Said fee may not exceed the added costs to the Lender
generated by the handling of the construction.

F.45

Lender to remit its check for the SBNgBaranty fee in the amount of 512. , to SBA within . 90 days from the date of this Authorization and Loan Agreement. The check identified by the SBA loan number , must be forwarded to the U. S. Small Business Administration , P. O. Box 748

0008
(Rcvision3.
12/93)

Case 1:05-cv-00507-JFM
Case 1 :05-cv- 00507- JFM

Document 10-2
Document 8

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Filed 08/26/2005

Page 16 of 31

Page 11 of 15

Denver ,

Colora\ 80259. Lender may require reimb Jment of the above fee from the

Borrower. provided, however, that the lender has paid such fee to SBA and the charge to the Borrower is not made prior to Lender s first disbursement on this loan. The fee may be part of the

loan proceeds.
F.46
F.47
Prepayment penalty fees as a condition to this loan are prohibited.

Such other terms and conditions which Lender may set forth which are not inconsistent with the provisions of this Authorization.
Borrower certifies that at the time it submitted its Loan Application it was and shall continue to be current on all Federal and State withholding taxes , payroll taxes , sales taxes , and similar funds
held in trust.

F.48

canceled in whole or in part, Borrower agrees t6 release Lender and/or SBA from all liabilty. As used in this Loan Authorization , the term " contamination '" means the presence of any Hazardous Substance at a level in excess of that permitted or allowed by local , state or federal laws and
50.

Borrower acknowledges and understands that the funding of this loan is conditioned upon the real property offered as collateral (" the Property ) being free from contamination by any Hazardous Substance and that if such contamination is present or reasonably appears to be present, the loan may be funded or canceled at any time in the sole discretion of Lender and/or SBA. If the loan is

For purpose of this Loan Authoriation , the term " Hazardous Substance " means (i) any substance , product , waste or other material of any nature whatsoever which is or becomes listed, regulated , or addressed pursuant to the Comprehensive Environmental Response , Compensation
and Liabilty Act, 42 U. C 9 9601 , et seq. (II CERCLA" ); the Hazardous Materials Transportation Act , 49 U. C. 1801 , et seq. ; the Resource Conservation and Recovery Act , 42 U. C. 3 6901 C. Sub-section 2601 et seq. ; the et seq. (''RCRA'' ); the Toxic Substances Control Act, 15 U,
33 U. C. Sub-section ,1251 et seq. ; all as amended , or any other federal , state or local statute, law, ordinance , resolution, code , rule , regulation, orde:r or decree regulating, relating to , or . imposing liabilty or standards of conduct concerning any hazardous, toxic or dangerous waste , substance , or material , as now or at any time hereafter in effect. (ii) any substance , product , waste or other material of any nature whatsof!ver which may give rise to
Clean Water Act ,

regulations.

liabilty under any of the above statutes or under any statutory or common law theory based on negligence , trespass , intentional tort nuisance or strict liability or under any reported decisions of a state or federal court, (Hi) petroleum or crude oil other than petroleum and petroleum products which are contained within regularly operated motor vehicles, and (iv) asbestos.

Borrower represents , warrants and acknowledges
regulations pertaining to Hazardous Substances;

that:

(1) at the time it submitted its loan
knowledge of any

application it was and shall continue to be in compliance with all local , state , and federal laws and
(2) Borrower has no

contamination from Hazardous Substances of any real or personal property pledged as collateral for this loan which is in violation of any such laws and regulations; (3) Borrower assumes full responsibility for all costs incurred in any clean-up involving Hazardous Substances and agrees to indemnify Lender and SBA against paYrTefit"tjf any such, costs (Borrower may be required by Lender and/or SBA to execute a separate indemnification agreement); (4) until full repayment , the loan, Borrower shall promptly notify lender and SBA if it knows , suspects or believes there

(Revision 3. 1 - 12/93)

0009

Case 1:05-cv-00507-JFM
Case 1 :05-cv- 00507- JFM
may be any Ha,

Document 10-2
Document 8

Filed 09/26/2005
Filed 08/26/2005

Page 17 of 31

Page 12 of 15

Jrty securing this loan or if Borrower investigation by any Governmental agency pertaining to and/or such property are subject to any
.)us Substance in or around the real pi

any Hazardous Substance.

Prior to first disbursement , Lender shall make a field visit to the site of all commercial real estate to be taken as collateral and shall obtain from Borrower (and owner if the loan is for the purchase of real estate) an executed Environmental Questionnaire and Disclosure Statement. Lender shall

review the Statement and determine whether there is reason to believe that Hazardous Substances are present on the Property. If Lender makes such a determination, it shall advise SBA ' before any disbursement of loan proceeds. At the sole discretion of SBA and/or Lender Borrower may be required to obtain a Phase I Environmental Risk Site Assessment on the

Propert satisfactory to Lender and SBA.
Prior to first disbursement, Lender shall obtain a Phase I Environmental Risk $ite Assessment indicating to the satisfaction of Lender and SBA that the Property is free from contamination by

any Hazardous Substance.
storage tanks located on and/or to be placed on Bo rower . premises have received
issued by the appropriate local agency..

Prior to first disbursement , Borrower shall provide Lender with evidence that all underground
permits

Agency, as applicable. .

Borrower's premises. If the most recent such report is more than 12 months old, a' tank integrity test must be performed on each tank by a state licensed tank tester. The results of any such test must be satisfactory to the local city or county agency or the Nevada Environmental Protection

Prior to first disbursement, Borrower shall provide Lender with a copy of the most recent local agency inspection report or special inspection report on all underground storage tanks located on

PRIOR TO FIRST DISBUREMENT , VERIFICATION FROM THE IRS THAT TAX RETURNS SUBMITTED BY BORROWER WITH THE APPLICATION FOR THIS LOAN CONFORM TO THE RETURNS FILED WITH THE

IRS FOR THE FOLLOWING ENTITIES AND YEARS:
Borrower's execution of this

Authorization & Loan Agreement constitutes a certification that no

individual with a 50% or more ownership interest in Borrower is more than 60 days delinquent under any

administrative order, court order, or repayment agreement between the individual and a custodial parent or state or local governmental age .ncy providing child support enforcement services that requires the
individual to pay child support as efined in

462(b) of the Social Security Act.

!o . iLU ;

;::i:h'

(Revision3.

12/93)

0010

Case 1:05-cv-00507-JFM
Case 1 :05-cv- 00507- JFM
PARTIES AFFECTED.

Document 10-2
Document 8

Filed 09/26/2005
Filed 08/26/2005

Page 18 of 31

Page 13 of 15

This Agreement shall be binding upon Lender, Borrower and each of their successors and assigns. No provision stated herein shall be waived without the prior wrtten consent of SBA.
SMALL BUSINESS ADMINISTRATION

Administrator.

AIDA ALVAREZ

As an agent for and on behalf of the U. S. Small Business Administration

\6 -

l';

-C1

Date
In consideration of the SBA guaranty of the loan to be advanced by Lender to Borrower, the undersigned hereby acknowledge that they have received a copy and understand the terms and conditions of this Loan Authorization, : and agree to perform in accordance therewith.
, LENDER

GCORPORATIN

Trtle:

P8 Sc hi
K.

VI

Date:

. BORROWER
Craig- BuffJ.imite
By:

Harsh Sidhu , General Partner

Gua

Harsh Sidhu
. . '" I..

(Revision 3. 1 - 12/93)

0011

Case 1:05-cv-00507-JFM

Document 10-2
Document 8

Filed 09/26/2005
Filed 08/26/2005

Page 19 of 31

Case 1 :0'5-cv- 00507- JFM

Page 14 of 15

NOTE:
(1) Corporate

applicants and/or Guarantors must execute this Authorization, in corporate name , by duly authorized offcer, and seal may be affxed and duly attested; partnership applicants must execute
in firm name , together with signature of a general partner.

.I

(Revision 3. 1 - 12/93)

0012.

Case 1:05-cv-00507-JFM
Case 1 :05-cv- 00507 - J FM

Document 10-2
Document 8

Filed 09/26/2005
Filed 08/26/2005

Page 20 of 31

Page 15 of 15

ll28ST,i\Ws:

BOP-ROWER' 1' URrU;,
06:

LONI

NUMI;/;R: 1

!(jn4".,04
.G!h\R't S'I01'

u. s. SyAtl. BUS!NE:$S API.."tS'!!",

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itTION

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TIME;: I

/25/0
:11

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DAT

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07/0V01. 11104102

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AUY I-ORt: DA'/s 01" IN1'tREST TII."
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000 ,

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321 lIurllORiZItJC TII1.$: ' 00 tPf1:; ReFltlD "1, PRrNqJ1 i'D/.OR t

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...... LOAN !N61'ALtMEN IllFOaMrION ......................--

, IIEX't U1$'

FREQ;i;U\C.E: 1111111i 11: , HONTHr,r .'I.. 2, 629. ..;DIJIi:' O"lOl/Ol .M'\URITY DATI:: OJllg/1J,\. SERV 1111
ucc

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. BANK g,

tNFORNATION ........................ RE1c::rVE ilIRi: rAAIlSFER: i'!lr'iJuBAIK NEW YORK

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'; !fiRE 1'/ISr"R BAK

00

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NUMBER: 02l0000
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ee: TilE f'NAI PAYcE:,

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PHONE:

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702-:38 -6672

SIGNTURE

DATe;: OU26/03

0013

Case 1:05-cv-00507-JFM

Document 10-2

Filed 09/26/2005

Page 21 of 31

EXHIBIT 3

88003-002/365700

Case 1:05-cv-00507-JFM r:'

rgll

Document 10-2

Filed 09/26/2005

Page 22 of 31

. U.

Sacramento ' Lo

' SMALL BUSINESS, ADMINISTRA rlON

cessing Center 66 J Street, Suite 233
n-

. Sacmento. CA 95814-2413 (916)49812 (916)49834 (Fax)
December 17 1-998

Ms. Kim Hellweg ,
A T& T Small Business Lending Corporation"

Fax: (303)646- 1272

Der; Ms. H
RE: Turtle Stop
PLP 16f-82-4004

327 Modifcation Number: Control Number: 71014-05We received your request dated 1210898and we consent to the following action(s) regarding the above loan:
The principal amount of the loan has

3.

ben increase to $294 00. 00.

NOTE: THIS CASE FJLE HAS BEEN TRANSFERRED TO FRESNO SERVICING FOR SERVICING. ALL FUTURE REQUESTS SHOULD BE SENT TO THIS OFFICE.

Sincerely,
ri

Hardy Slay

Loan Ofcer

c;;S:;,

:i':;:,

Case 1:05-cv-00507-JFM

Document 10-2

Filed 09/26/2005

Page 23 of 31

EXHIBIT 4

88003. 002/365700

Case 1:05-cv-00507-JFM
cCAN: 25339
Lender (Name and Address - Include Zip Code) . AT&T Small Business Lending Corporation O. Box 440, 2 Gatehall Drive Parslppan , NJ 07054-0440 SBA Loan Number (10 digits)

Document 10-2

Filed 09/26/2005

Page 24 of 31

S. Small Business Administration Settlement Sheet
Borrower (Name)

OMB APPROVAL NO. : 3245. 0200 EXPIRATION DATE: 3/31/95

Craig- Buff Limited Partnership

PLP1618324004

Lender Computes interest on a

365

day basis.

Sum of Prior disbursements

$0.

+ This Disbursement

$40 374.

= Total

$40, 374.

The provisions of 18 U. C. 1001 and 15 U. C. 545 provide certain criminal penalties for making false statements , willfully overvaluing collateral , or other prohibited acts. To induce SBA , directly or indirectly, tq partcipate in this loan , the Borrwer subject to these provisions acknowledges receipt of $40. 374. on 10/29/97 and certifies (1) that the proceeds at this disbursement will be , and all previous disbursements have been , used in accrdance with the Loan Authorization , (2) that there has been no substantial adverse change in financial condition , organization, operations , or fixed assets since application for this loan was filed or since the previous disbursement, and (3) that there are no liens or encumbrances again$t the real or personal property securing the loal) except those disclosed in the

application for this loan.
Lender

accrdance by issuanc of joint payee checks as detailed below except checks for cah operatinr: capital. cash to reimburse borrwer for evidenced exoonditures made after loan approval date for such authoried use of proces, or as otherwise directed by the Loan Authorization and that constructon , paid with loan proces as listed below has been completed. (Any deviation from the Loan Autorization must be autorized in writing by SBA prior to expenditure of the loan funds.
with the Loan Authorization

certfies th;3t disbursement of the loan proceeds was made and the loan proceeds were used as set

fort below and in

See paragraph of Autorization " Use of Proceeds Subparagraph. Name of Payee

06

First American Title Company of Nevada

10/E%7

Date and Amount of Payment $40 374.

04

Purpose .

MachineryfEquipment

spefically permitted by the Loan Authoriation

, affliates or attorneys have charged or wil charge or receiv directly or :indirectly, any bonus, fee commission , or other compensating balance , Certificate of Deposit, or other security in connecton with making or servicing of thispayment or benefit, or require a loan (other than those reported on SBA Fomis 4 or 159 "Compensation Agreement). It IS und rstood that all fees not approved by SBA are prohibited

To further induce SBA to partcipate in the loan , Lender certfies that neither t

e Lender nor its Associates'- offcers agents

Lender

, SBA regulations or the SBA Form 750 "Guaranty Agreement"

, except as may be

Borrower

By:

Date

Date

29, J57.

, sign and SBAReview attach hereto. By
Title

This Certification must be signed and returned to the SBA immediately after each disbursement. If there is a large number of checks, itemize on separate sheets

Date

The estimated burden for completion of this form Is 1 hour per response. If you have any questions or Comments concemlng this estimate or any other pects of this information collecton , please contact Chief , Administrative Information Branch, U. S. Small Business Admlnlstratl , Washington and Clearance Offcer, Paperwork Reducton Project (3245-0200), Offce of Management and Budget, Washington, D. , D. C. 20416

C. 20503.

SBA Form 1050 (5-91) REF 7050 Use 4-89 Edition Until

Exhausted.

Y!=LLOW to SBA , PINK to Lender, BLUE to Borrower

Case 1:05-cv-00507-JFM

Document 10-2

Filed 09/26/2005

Page 25 of 31

CC: 25339
Lender (Name and Addres - Include

Settlement Sheet
Zip

S. Small Business Administration
Borrower (Name)

OMS APPROVAL NO. : 3245200
EXPIRATION DATE: 3/31/9

Coe) AT&T Small Buslhes Lending Corpraon
O. Box 44, 2 Gatehall Drie
Parsl n, NJ

SBA Loan Number (10 digits)

07C

Craig- Buff Limited Partership dba Craig- Buff Limited Partership
Lender Computes intere on a

PLP1618340
Sum of Prior disbursments

day

basis.

$40, 374.

+ This I;isbursment

$5, 157.

= Total

$97 531.

Th provisions of 18 U.
acknedes reipt of

C. 1001 and 15 U.
on

in financi coditon, organiztion , opraons , or fi ass since applicon for this lon was filed or si th there are no liens or encumbranc against the real or peonal propert secring the loan exceptthe previous disbrsment thos discos in the application for :tis
and (3)

pro pres disbursement $5, 157. , useOct hae been in accrdance wi th Loan Autorition; (2) that there has be no subsntal advers change
lo.
certJethat cflSbursmet of the lon
Auorion

collateral, or other prohibited act. To induce SBA,

C. 54 provide cein criminal penaltes for making false stment willflly overluing direy or indirey, to partcipate in this loa, the Bonower subjec to thes proviions 27. 1998 an ,Certes (1) that the at this disbursment will be , an all

Lender

wi th Lon

relrnburs bO/Twer for evidenced exoencfttre made after loan aplXval date for such aUtoried use of proceeds. or as otherwise CDrectec by the Lon Autoriation. and pa wi lon procs as lis belo has be coplet. (Any deviation frm the Loa Autorition must be autoried In writing by sBA prior to exjJnditure of the lon funds.

by issnce

th

co,

ofioint lJyee checks

prs

was

de and the lon
as

were us as se fort below and in detailed below excel' chec for cash ooeratino cspital. cssh to

pro

accanc

Se pararaph .Q of Auon " Subgraph Name of Paye Use of Pros
Craig Buf Limited Parterip

03 06

Kab Conson Compa

Date and Amount of Payment

. 1CV7m $9,90.

101m $4,2.

New New Conscton

Purp Cocton

To

on SBA For

copeng ba

fur induce SBA to papa in the lo, Leder cees th

fe splly permit by the Lon Auon, SBA reulaons or the SBA Formno appred Agniernen' 750 "Guara
that all

neiter the Lender , ofcers agen, affrla or ys ha ched or will charge or reciv, direy or indirey, any bonus , fee comission, orP. paym or beef or reuire a , CertIC of Depoit or in conneon wi making ,or servng of this loa (oter than thos

Le .

4 or 159 "Cpens

otr Agre). Itse Is unders

no it Aste

Borr. .

by SBA are proibit

ex

repo

as may be

By:

. Har Sidhu

Gen Parter

Dae
This
on se SBA Revew By

1CV7m

Dae
afr each

Cern mus be signed and retrn to the SBA immedialy
ra shee, si n and atch her.
Title

1CV7m

disursment If there is a lage number of checks, itize.
Date

of this Information coleCion , plea contact . and Clrace Ofcer, Papeork Reduction Projec

Th esated bUrden for completion ofthis form Is 1 hour per respoe.

asps

If

Chief,

Adminisiv

Infion

SBAForm 105 (5-1) REF 70 50 Use

4- Editon Untl Exus.

(324500), Ofce of Management and Budget, Washingon, D.C. 205.
YELLOW to SBA, PINK

you have any quesions or commens coing this esimate or any other Branch, U. S. Small Busne Adminisraion, WashIngton, D. C. 20416

to Lender, BLUE to Borrwer

Case 1:05-cv-00507-JFM

Document 10-2

Filed 09/26/2005

Page 26 of 31

CC: 25339
Lede (Name
an Addres Include Zip Code) AT&T Small Busines Lending Corpration O. Box 44, 2 Gatehall Drive NJ

S. Small Business Administration
Settlement Sheet

OMB APPROVAL NO. :
EXIRATION DAT!:

324500

SBA Loan Number (10 digit)

Parsl

0'7

Borr (Name)
Cra- Buff Umited Parerip
Lendr Compues Interes on a

3/1195

dba Craig- Buff Umited Partersip

PLP1618340 .

da basis.
= Total

SUm of Prior disursment

$97 531.

+ This Disbursment

$79 541.

$177.072.

, opetions , or fied assets since and (3) tht thre are no liens or encumbrance against the real or application for this I
applicaon for this

C. for coat. or ot proibit act. To Inuc SBA,54 provi cein crminal peltes in this ' , willfly overvuing direy or Inirey, to pacipa . Borrwer subjec to thes prions rept $79. 541. Novbe 13. 199 and (1) tht th at prvi c:lSrsment have ben, use In acrd wi th Lo Auriza procthereth disburs will be, and all (2) th ha ben nosubsti advers In fial coditon, oraniztion
C. 1001 and 15 U.

ac

Th provisions of 18 U.

making fals statements
, th

reImburs borrwer for evidenced
bvthe Loan Autoriation.

wi th Loan

Leder

ce tht disrsnt
Auon

loan.
of on

persal propert securing the loa excpt those discosed in the

n was filed or since the prvious

disbursment,

che

of th lo
of oint

proc wa
ea check

isance

ma and th lo
as

proc wee

ex

. 3.8D6

Se para .E Auon Subpraof Ka Cocton
Nam of Paye

as lised Lo Auttion must be aUtried In wrting by SBA prior to expediturebelow ha ben coplet. . (Any deviation from the of the loan fUnds.

and that conson, pad wi lo
"Use of ProCs
Company

ncfttre rnade sfter loan

pr

detailed below exce check for cas
vat date for such autoried
use

us as set for belo an in-accda
tin CB
of eds or ital 8S cas

otherwise directed

Date

an Amt of Payment
1/13. $79 541.3
New

Purp

Conson

cope sp
bace, on

neit the atys have chrged orpapa in the lo, lender certes th any boUS,Lender nor it Assat WIll Chare rec agnt af dire or indire, fee comision ot paymnt or beef or rere a of Depit or er seri in conec wi maki or se9!ng BA Fo 4 or 159 "Copeon repo is undrs fee no apoved by areprohbi

To furter Induc SBA to

Leer
, or
by the

, or

, except as may loa Auon, SBA reulaon or th SBA Fon 750 "Gunt Agrement".be
Agrent). It

that aU

pf.

thn thos

Borrowr

By:

ars Sidu, Genera Parter
Date

11/13'

Date

This
SBA

on .

Certon must be signed an retmed to the SBA immediatly aftr each

11/13f

Rev

ra sh, si n and ath here.

c:lSurent If thre Is a large number of checks, itmize
Date

Tit

SBA For 105 (5-1) REF 70 50 Use

The e&lmaed burn for copletion of this form 1 hOr per respons. aspes of this collecion, please contact Chief, AdminisraiveIf you have any queions or comment comlng this esimate or any other Infrmion Brnc, U. S. Small Busne and Cleranc Ofce, Paperk Adminisraion, Wasingon, D. C. 20416 Reduction Proje (324500), Ofce of Management and Budget , Washington , D. C. 205,

lofion

4- Editon Untl Exaust.

YELLOW to SBA, PINK to lender, BLUE to

Borrr

Case 1:05-cv-00507-JFM
CC:25339
Lender (Name and Address - Include Zip Code) AT&T Small BUSines Lending Corpration O. Box 44, 2 Gatehall Drie NJ

Document 10-2

Filed 09/26/2005

Page 27 of 31

r.

S. Small Business Administt . on
Settlement Sheet
Borrow (Name)

OMB APPROVAL NO.: 3245200 EXIRATION DATE: 311/9

SBA lon Number (10 digit)

Parl

070

Craig-Buff Umited Partnership dba Craig-

Buff Umited Partnerhip

PLP161834X

Lender Computes Interes on a

day basis.

Sum of Prir disbursements
The

$177 072.

+ This Disbursment
provide certin

188.

= Totl

261.

C. 54 crmina penales for making fals oveluing To induce SBA direy papate acked proib act.49 on Decmber ,17 199or indirey, to(1) th the in this lon this stteents to th prvision subjec 188. and certes pro at previou cflSursmen have all in accrdnc wi the Loan Au in financl corton, orgizon, o subsntl adver chang , or fied as sinc applcaon fQlthis lon wa fied or and (3) th thre are no frens or encmbr since th prus disbursme proprt sering the lon except thos apflcon for

coRatB/ or other

prions of 18 U.
rept of

C. 1001 and 15 U.

this

loan.
ben, agins th

, willfully

, th

Borrwer,

disburmen

will

, and

, (2) tht ther has ben no .

re

or

pers

cflS in the

Se pararaph .. Sub

00.8.

ra Auri " oo
of

Nam of Paye

Use of

Pro"

Kalb

Conon Copay

Da and Amnt of

12117JO $2, 188.

Pay

New Conscton

Purp

the atys have chrgedto partpa orloan , direcy or indirecy,neiterbous,Lener no it As ofrs agent, afliat or chrge any fee commision , or copeng balanc Cert of De re oter seri or in cone wi maki or seg oter paym or befi or require a on SBA Fom'1sA or 159"Cpe of (ot than th is fe no aW by SBA ar pribit by
To furt induc SBA

sp peit
Date

Leder
wiD

in the

Lender certes. that

th Lo Auon
Agreen).

It

SBA (eulans or the SBA Form 750 "Gua
Borrowr

un

th lon

th

al

Agreeenf'

exc as may be

A T& Small Busne

Leding COrpration

By:
ars Sidhu
Geral

Parter

12117JO

Dae

12117

Tite

Date

resns. If yo ha any ql/ion or comen thls Inl1n coecion ple coac Chief , Administiv Infrmion Brach, U.S. Smll Buln concing this esimae or any other an Clearace Ofcer Adminiran , Wasington , D;C. 20416 Reducio" (34500), Ofce of Manaement and Buet , Washingon, D. C.
aspe

Th esma

burden for c.pleton of this form Is 1 hour per

Pape

Pro

SBA Form 105 (5-1) REF 70 50 Use

4- Editon Until Exused.

20.

YELLOW to SBA,

PINK

to lender, BLUE to

Borr

ili ill ii1

1&1

Case 1:05-cv-00507-JFM

Document 10-2

Filed 09/26/2005

Page 28 of 31

CCAN: 26339

S. Small Business Administration

Settlement Sheet
Lerder (Name an Addres Include Newrt Small BusIne Lending ZI Code) Corpraion
O. Box 44, 2 Gatehall

OMS APROVAL NO. : 3245200 EXIRATION DATE: 313119

Borrowr (Name) .
CraigBuff Umited Partership dba Craig- Buf Umlted Parterhip

Parsi n . NJ

SBA loan Number (10 digit)

070
U.

Drie

PLP1618340
Lender Computes Intere

on a

36 '
= Totl

day

basis.

Sum of Prior dIsbursments

$20 26.

+ This

Disbursment

$87, 73.

$2,(X.

apprlC

thes disurs subjec toand all will be, prous thre ben coiton, orizon , opon as rel or persnal fo this(2) thwasthfiha exceno subsal adv chge sinc appicOn lo or sinc th prus and (3) th rsent, encumbr agains the prop sering lon
$87. 738.
, the Borrwer, on In financl

acknedges rect of

cora, or oIer prohibi ac.
there are no lien or

Th prviions of 18

C. 1001 and 15 U.

airey or indirecy; to Februrv 8. 199 and (1) tht cflSbursment hae ben , use in acanc wi the lon
10 induc SeA.

C. 54 provi certin crminal peltes for making fals stent , willflly overaluing

for this lOn.
, or fIXed
disbursment
Au

papa in this ce Auon,proc lo th
lo

at this

th cflSos in the
cflS
or 8S

of the lon prs wa made an th pro we as se for belo and ih bv issance ofioint oavee check as '(imbUrs bower for evidenced exoanditres rnade 8fter loan detailed below exceot chec for cash ooetina C8Dita!; cash to 8/JV81 date

wi th lo

Leder

certes th

us

acnc

py the Loan Autoriation

Loa Auorion must be

3.B.

Se para Ji Subph Newrt
of

15 12 06

con, paid SBA proc as rlS of ha autri Wrng. bywi loprior to expenditurebeth lonbe copl. .funds. AuPay Pro" " Nam of
an th
for such autoried
use of

othelWse direed

In

(Any deviaton from the

Use of

Ryko Manufctrig Company

Newrt SI1I Busine Lending Corpraton

Small Busne

leng Coon

Da and Amnt of Paym 02199 $4,5687 0299 $1 102

Purp
Intm

Inter

02199 $806.

Addion SBA Fee due
. MachineryJEquipment

on SBA
sply

papate ch Ce ofor reiv che De. copeng bala Fon 4 peit Lo Au
ateys hae
or Will

To fuer inuc SBA to

in the loan , Lender

Lender
or 159 "Competi Agree).
by the

agefs, afflia or , direy or indirey, any bo , Or ot pant or or reuire a or oIer in CQneon wi maki or of this lo (ot th thos It Is under th an fee no apprve by SBA ar pribi as may

seri

ce 1h nei th lendecoisit As of no , fee
seng
. Borrr

, SBA regulatonS or th SBA For 750

"Grant Agre.

be rert ex

Lending Coration
By: By:

Hars S!dhu , General Parter.

Dae
This Certion mus b9
SBA Revew By

.21

Dat

sine on se she, si n and

at here.

and retrned to the SBA immediaty afr each

disbursent If there is a large number of checks, itmize
Date

Trte

and Clrance

Th esimaed burd for ha 8S of this Inflo coon, plea cO Chef, AdinisraiveofInfioan queio OI, Parwrk Reductn Proec (324500), Ofce
Completion oftl'1s form Is 1 hour
pe response. . If

yOu

SBA Fon 105 (5-1) REF 70 50

Us 4-

Brch. U.S. Small Buses Adminisraio , Management an Budget, Washlrion, D.C.

or comen

concing this esmae or an other

Editn Unbl

Exus.

20.

Wasington , D.C. 2016

YELLOW to SBA. PINK to leder, BLUE to

BCI

Case 1:05-cv-00507-JFM

Document 10-2

Filed 09/26/2005

Page 29 of 31

EXHIBIT 5

88003. 002/365700

U-: '

SMALL BUS Case 1:05-cv-00507-JFM

wv Y '.u

4U '
INESS ADMIN Document 10-2

Filed 09/26/2005
OFFCS

Page5 304j 31' of p .'

2!32

-h

SM BUSI ADMIST1. . NB ADA PtS'Icr
40 SOUT FOUR1H I9T SU 250 LA VEGAS, NV 89J01 ,*SI 1. 7D.W.f9(FAX

'1T"'''
July 27, 200

FAX NWD (702) 966-5848

Neva Tit1e