Free Exhibit List - District Court of Federal Claims - federal

Case 1:98-cv-00815-CFL

Document 158

Filed 09/07/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ATWOOD-LEISMAN, an Idaho general partnership, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

98-815C (Judge Lettow)

DEFENDANT'S APPENDIX A, ¶16 EXHIBIT LIST Pursuant to RCFC Appendix A, ¶ 16, and this Court's order September 1, 2006, defendant, the United States, submits the following list of exhibits that it intends to rely upon at trial, with the exception of those to be used solely for impeachment. Defendant expressly reserves the right to rely upon any documents that plaintiff lists in its exhibit list. Exhibit List Exhibit 1. 2. 3. 4. 5. Document

Comprehensive Property Assessment Summary Report CPA Appendix: Market Assessment Report CPA electronic model, including its input data Institute of Real Estate Management data Information unit mix, properties, information from USDA for the Subject Properties: address, recent budget and actual results for certain recent approved rents for certain properties, loan as of tender and sale dates

6. 7.

Expert Report of Channa Eberhart The Public Housing Operating Cost Study including Appendix A

Case 1:98-cv-00815-CFL

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8.

All expert reports and supplements thereto prepared by Paul Hyde upon behalf of plaintiffs Various data from HUD's Mark-to-Market program National data for market rate apartments (Institute of Real Estate Management) Settlement Statement, Hillside Terrace dated December 22, 2005 (Bates P 7336) Settlement Statement, Victoria Square dated May 19, 2005 (Bates P 7332-7335) Settlement Statement, Norsemen Village Dated May 11, 2006 (Bates P 7331) The Department of Housing and Urban Development actual Section 8 rents for Hillside, Kimberly, and Leisure Village VI during their damages periods Letter from Key Bank to DBSI, dated December 11, 2000, regarding proposed prepayment financing for Chaparral Apartments (Bates CHA01230, included as Exhibit 2) Expert Report of Charles S. Wilkins, Jr Resume for Charles S. Wilkins, Jr. Deductions from Cash Balances Estimate of Operating Expenses After Conversion Actual General and Administrative Expenses Estimate of Transition Costs Actual Cash Flow for Three Section 8 Properties Comparison of Actual Operating Expenses to Expenses Estimated by Mr. Hyde Costs of Prepayment and Conversion Potential Net Proceeds at Prepayment if Refinanced Potential Net Proceeds (If Sold At Time of Tender)

10. 11. 12. 13. 14. 15.

16.

17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27.

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28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44.

Actual Sales Prices, Cash Balances Retained At Sale, Net Cash to Seller Transaction Costs of Refinancing Operating Expense Benchmarks Summary of Mr. Hyde's Estimate of Damages Potential Net Proceeds If Sold ­ By Seller Note Annual Financial Statement Data for Cedars (Gooding, ID) for the period 1997 to 2005 Apartments

Annual Financial Statement Data for Cedars Apartments (Shelley, ID) for the period 1997 to 2005 Annual Financial Statement Data for Chaparral (Emmett, ID) for the period 1997 to 2005 Apartments

Annual Financial Statement Data for Forest Village Apartments (Reedsport, OR) for the period 1997 to 2005 Annual Financial Statement Data for Goose Creek Apartments (Burley, ID) for the period 1997 to 2005 Manor

Annual Financial Statement Data for Grand Cascade Apartments (American Falls, ID) for the period 1997 to 2005 Annual Financial Statement Data for Hillside Terrace Apartments (Coquille, OR) for the period 1997 to 2005 Annual Financial Statement Data for Kimberly Sunset Manor Apartments (Kimberly, ID) for the period 1997 to 2005 Annual Financial Statement Data for Leisure Village Apartments (Fruitland, ID) for the period 1997 to 2005 Annual Financial Statement Data for Leisure Village Apartments (Caldwell, ID) for the period 1997 to 2005 Annual Financial Statement Data for Leisure Village Apartments (Payette, ID) for the period 1997 to 2005 Annual Financial Statement Data for Leisure Village Apartments (Caldwell, ID) for the period 1997 to 2005 I III IV V

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45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56.

Annual Financial Statement Data for Leisure Village Apartments (Kuna, ID) for the period 1997 to 2005

VI

Annual Financial Statement Data for Madison Park Apartments (Rexburg, ID) for the period 1997 to 2005 Annual Financial Statement Data for Mountain View Apartments (Oakridge, OR) for the period 1997 to 2005 Manor

Annual Financial Statement Data for Norseman Village Apartments (Junction City, OR) for the period 1997 to 2005 Annual Financial Statement Data for Poplar Grove Apartments (Burley, ID) for the period 1997 to 2005 Annual Financial Statement Data for Sandlewood Apartments (Caldwell, ID) for the period 1997 to 2005 Annual Financial Statement Data for Sawtooth Apartments (Burley, ID) for the period 1997 to 2005 Annual Financial Statement Data for Seacrest (Bandon, OR) for the period 1997 to 2005 Village

Apartments Square

Annual Financial Statement Data for Vittoria Apartments (Newberg, OR) for the period 1997 to 2005

Annual Financial Statement Data for Wagon Wheel Apartments (Rexburg, ID) for the period 1997 to 2005 Annual Financial Statement Data for Washington, Park Apartments (Twin Falls, ID) for the period 1997 to 2005 Annual Financial Statement Data for Washington, Park Apartments (Twin Falls, ID) for the period 1997 to 2005 I II

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ David M. Cohen DAVID M. COHEN Director /s/ Michael S. Dufault MICHAEL S. DUFAULT Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L St., NW, 8th Floor Washington, D.C. 20530 Phone: (202) 353-7961 Facsimile: (202) 353-7988 Attorneys for Defendant

September 7, 2006

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CERTIFICATE OF FILING I hereby certify that on September 7, 2006, a copy of the foregoing "DEFENDANT'S APPENDIX A ¶ 16 EXHIBIT LIST" was filed electronically. I understand that notice of this of this filing

will be sent to all parties by operation of the Court's electronic filing system. the Court's system. Parties may access this filing through

/s/ Michael S. Dufault Michael S. Dufault