Free Reply to Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01258-LTB-BNB

Document 121-2

Filed 09/16/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1258-LTB-BNB STUDENT MARKETING GROUP, INC., Plaintiff, v. COLLEGE PARTNERSHIP, INC., f/k/a COLLEGE BOUND STUDENT ALLIANCE, INC., Defendant. _____________________________________________________________________________ DECLARATION OF BRIAN MATISE ______________________________________________________________________________

BRIAN K. MATISE, hereby submits the following Unsworn Declaration under penalty of perjury: 1. I am above the age of eighteen (18) years and otherwise competent to make this Declaration. I make this declaration under penalty of perjury. I have personal knowledge of the matters contained herein. 2. I am one of the attorneys for the Defendant in this matter. I personally contacted three surety bonding companies in an attempt to obtain a supersedeas bond for College Partnership in this matter. None of the bonding companies that I contacted would provide a supersedeas bond to College Partnership unless College Partnership provided either full cash collateral, an escrow account in the full amount of the bond, or a letter of credit from College Partnership's bank or the bonding company's bank (which we were unable to obtain). 3. I recently participated in successful contract negotiations between College

Case 1:04-cv-01258-LTB-BNB

Document 121-2

Filed 09/16/2005

Page 2 of 2

Partnership and a third party, subsequent to the April 2005 10QSB/A financial statement. The terms of the contract are confidential; however, the other party to the contract has the right to enter a stipulated judgment in an amount of between $450,000 and $500,000 against College Partnership if a creditor such as Student Marketing Group attempts to execute on a judgment such as the judgment in this case.

Dated this 16th Day of September, 2005.

______________________________________ Brian K. Matise

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