SETTLEMENT AGREEMENT AND GENERAL RELEASE
Exhibit 10.1
SETTLEMENT
AGREEMENT AND GENERAL RELEASE
THIS
SETTLEMENT AGREEMENT AND GENERAL RELEASE (hereinafter “Settlement Agreement”) is
entered into on January 21, 2010, by and between PROFESSIONAL BUSINESS BANK, a
California corporation, BELVEDERE
SOCAL, a
California corporation, XXXXXXX XXXXXXXXX, an individual, XXXXXX XXXXXX, an
individual, XXXXXX X. XXXXXX, an individual, XXXXX XXXXXXXXXX, XX., an
individual, LANDAMERICA SOUTHLAND
TITLE, and
LANDAMERICA FINANCIAL GROUP, INC. on the one hand (collectively referred to as
‘PBB Parties”), CALCOUNTIES TITLE NATION, INC., a California corporation
(referred to as “CalCounties”), TEAM
NATION HOLDING, INC., a
California corporation, TEAM NATION HOLDINGS, INC., a Nevada corporation doing
business in California as TEAM NATION HOLDINGS MANAGEMENT CORP. (collectively
referred to as the “Team
Nation Parties”), XXXXXX X.
XXXXX, an individual, XXXXXXXXX X. XXXXX, an individual,. XXXXXX X. XXXXX and
XXXXXXXXX X. XXXXX, Trustees of The Xxxxx Family Trust dated June 11, 1984 as
Amended and Restated
September 14, 2007, XXXXXX X.
XXXXXXX, an individual, XXXXXX X. XXXXXX, an individual, XXXXXX X. XXXXX, an
individual, XXXXXXX X. XXXXX, an individual, XXXXXX XXXXX XXXXX and XXXXXXX
XXXXXXX XXXXX, as
Trustees of The Xxxxx Family
Revocable Living Trust dated October 25, 2005, XXXXX XXXXXXXX, an individual,
XXXXX XXXXXXXX, as Trustee of The Xxxxx Xxxxxxxx Revocable Living Trust dated
October 31, 2005 (collectively
referred to as the “Guarantors”),
XXXXX X. XXXXXXXX, an individual, XXXXX XXXXXXX, an individual, VISION
MANAGEMENT SOLUTIONS, LLC, a California Limited Liability company, and KE
ENTERPRISES, INC., a
California corporation, all collectively
referred to as the “Excluded Parties”, and all collectively referred to as the
“Parties” with respect to the following:
RECITALS
A. A Complaint
for negligence per se, breach of fiduciary duty, breach of implied covenant of
good faith and dealing, negligent interference with respect to business
advantage, intentional interference with respect to business
advantage, slander per se, public disclosure of private facts, violation of
Business and Professions Code 17200 and Declaratory Relief entitled Team Nation
Holding, Inc. et al v. Professional Business Bank, et al., was filed in
Orange
County Superior Court under Case No. 00-0000-00000000 (the “Complaint”) on
September 8, 2008. On or about October 2, 2008, a Demand for Arbitration for
(including, but not limited to) Breach of Contract, Breach of Guaranty
Agreements, Fraudulent Transfer and Fraudulent Obligation was filed by
Professional Business Bank against Team Nation Holding, Inc., Xxxxxx X. Xxxxx,
Xxxxxxxxx X. Xxxxx, Xxxxxx X. Xxxxx and Xxxxxxxxx X. Xxxxx, individually
and as Trustees of the Xxxxx Family Revocable Living Trust dated June 11, 1985;
Xxxxxx X. Xxxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X. Xxxxx, individually and as
Trustee of the Xxxxx Family Revocable Living Trust dated October
25, 2005, Xxxxxxx X. Xxxxx, individually and as Trustee of the Xxxxx Family
Revocable Living Trust dated October 25, 2005, Xxxxx Xxxxxxxx, Xxxxx X.
Xxxxxxxx, Xxxxx Xxxxxxx, Vision Management Solutions, LLC, KE Enterprises,
Inc. and Xxxxxx X. Xxxxx and
Xxxxxxxxx X. Xxxxx, Trustees of the Xxxxx Family Trust dated June 11, 1984 with
the American Arbitration Association. There were various amendments to the sets
of claims and the Court ordered
arbitration and consolidation of all pending matters before the American
Arbitration Association, under Case No. 72148Y0100508. All of these various
claims are collectively referred to herein as the “Lawsuit”.
B. The Parties
hereto have agreed to settle this matter, including all of the claims in the
Lawsuit and execute documentation to effectuate the terms of the settlement as
set forth herein.
THEREFORE,
it is agreed by and between the Parties hereto, as follows:
1. There are
currently Certificates of Deposits (CDs”) held at Professional Business
Bank in
the interest of the Team Nation Parties (a list of the accounts is attached
hereto as Exhibit
1) that will be paid immediately upon performance
of all actions required under this Settlement
Agreement to Professional Business Bank.
2. Professional
Business Bank will provide financing, that supersedes and amends prior financing
terms as set forth in this Settlement Agreement, to Team Nation Holding, Inc., a
California corporation for $2.75
million at the rate
of 5% interest with monthly payments starting at $20,000 a month increasing by
$5,000 increments each year for 5 years with a balloon payment due at the end of
the 5 year term, with payment commencing January 26, 2010 and due
on the 26th of
each month thereafter throughout the 5 year term. This financing will repay two
notes, specifically Note #300679 for $2,381,494.43, principal outstanding and
Note #300767 for $999,797.01 principal outstanding. The CDs
amount referenced in paragraph 1 will be applied to Note #3 00767 and the
monthly payments will be applied to Note #3 00767 first, then Note
#300679.
3. If Team
Nation Holding, Inc., a California corporation is able to pay off the
above-referenced financing in full on or before 12 months from the date of
execution of this Settlement Agreement, Professional Business Bank
will apply an additional discount of
Two Hundred Fifty Thousand Dollars ($250,000) to the principal amount except
that any accrued interest to date will remain owing and
payable.
4. There will be
no prepayment penalties incurred by Team Nation Holdings, Inc. in payment of the
financing referenced in paragraph 2.
5. Personal Guaranty Agreements in the form
attached as Exhibit 2 will be executed by all of above-referenced Team Nation
Parties and the Guarantors as part of this Settlement Agreement.
6. Currently,
four individuals own shares in Cal Counties Title Nation, Inc. namely, Xxxxxx X.
Xxxxx, Xxxxxx Xxxxx, Xxxxxx Xxxxxxxx and Xxxxxx X. Xxxxxxx (or Xx. Xxxxxxx
intends to acquire a 25% interest such that these will be the
four shareholders of the CalCounties Title Nation, Inc.). These four individuals
individually or collectively, their successors, heirs or assigns are required to
maintain a controlling interest (51% or
more) in CalCounties Title Nation,
Inc. at all times during the above-referenced 5 year term
of the financing. If for any reason the shares of the four individuals are
diluted to total less than 51%, the financing will become immediately due and
payable in full. Further,
the shareholders of CalCounties Title Nation, Inc. have an obligation to
immediately report such dilution of shares to Professional Business
Bank.
7. A stipulated
judgment will be executed against the Team Nation Parties and the Guarantors, in
favor of Professional Business Bank for $3,215,062.37 to be filed and entered if
a default occurs. The total amount of this stipulated
judgment will be adjusted for payments and accrued and unpaid interest as
provided in this Settlement Agreement. A default is defined as a failure to
timely make a monetary payment that is due and owing under the terms
of this
Settlement Agreement. If any such payment is not timely made, the Team Nation
Parties will have an opportunity to cure the default within 15 days of receiving
notice of such default via email to Xx. Xxxxxxxx at xxxxx@xxxxxxxxxxxxxxxxxx.xxx.
If such cure does not take place, the stipulated judgment will be filed and
entered in the Court where these matters where initially pending. A dismissal
with prejudice of the Excluded Parties only will be
filed
concurrently with the entry of the stipulated judgment.
8. The
attachment liens that were obtained during the above-referenced litigation will
be released upon the execution by all Parties of this Settlement Agreement and
the execution of the Personal Guaranties by Guarantors. Attached
hereto as Exhibit 3 is a copy of a letter, the original of which will be signed
by counsel for the PBB Parties and provided to the Team Nation Parties for their
use in obtaining releases of the attachment liens. This provision will be
satisfied by the PBB Parties upon tender of the original signed letters (one for
each of three counties) to the Team Nation parties’ representative.
9. The
Team Nation Parties will all provide quarterly financial reports to Professional
Business Bank in the form and on the date they are required to provide the same
to their regulatory agencies.
10. This
Settlement Agreement does not require any banking relationship between the Team
Nation Parties and Professional Business Bank other than that set forth in this
Settlement Agreement.
11. Upon receipt of
this Settlement Agreement executed in full, counsel for Professional Business
Bank will notify the American Arbitration Association that this matter is
settled so that it can be dismissed. Counsel for the Parties
will also execute dismissals with prejudice of the Lawsuit, except for providing
the Court, pursuant to CCP 664.6, the ability to retain jurisdiction to enforce
the terms of this Settlement Agreement and enter a possible judgment
pursuant
to stipulation as set forth herein, if necessary.
12. All Parties agree
to cooperate as necessary with the execution of any documents referenced in this
Settlement Agreement. If those documents are not executed, this Settlement
Agreement will not be deemed to have been
fully executed. In other words, the date that the Settlement Agreement will be
deemed executed is the date upon which the Settlement
Agreement
and all required documentation is executed. All documents must be executed on or
before January 22, 2010.
13. Other than the
obligations set forth in this Settlement Agreement, the Stipulated Judgment,
should it be entered, and the personal guaranties to be executed by the Team
Nation Parties and the Guarantors, all Parties including,
all individually named Parties, the PBB Parties, CalCounties, the Team Nation
Parties, the Guarantors, and the Excluded Parties do hereby release and forever
discharge each other and all of their respective employees, representatives,
successors, agents, attorneys, directors from any and all manner of action or
actions, cause or causes of actions, suits, debts, liens, liability, claims,
demands, damages, losses, costs or expenses, of any nature whatsoever,
known or unknown, fixed or contingent arising out of or connected with the
litigation.
14. The Parties
acknowledge that they are familiar with the provisions of California Civil Code
§
1542, which provides as follows:
“A
general release does not extend to claims which the creditor
does not
know or suspect to exist in his favor at the time of
executing
the release, which if known by him, must have
materially
affected his settlement with the debtor”
The
Parties waive their rights under this section and any other statutes, or common
law principles of
similar effect, other than the obligations set forth in this Settlement
Agreement, the Stipulated Judgment,
should it be entered, and
the
personal guaranties to be executed by the Team Nation Parties
and Guarantors.
15.
The Parties have been represented in the Lawsuit and in the preparation
of this Settlement Agreement by independent counsel of their own choice. The
Parties agree that this
Settlement
Agreement is being executed voluntarily and that each has been given a
reasonable amount of time to consider the terms of this Settlement Agreement
before executing this Settlement Agreement.
16. Pursuant to
Evidence Code section 1123(b), this Settlement Agreement is enforceable, binding
and admissible in a court of law, and shall be binding upon, and shall inure to
the benefit of the representative heirs, successors,
representatives
and assigns of the Parties hereto. The Court shall retain jurisdiction until all
the terms of this Settlement Agreement have been carried out, pursuant to Code
of Civil Procedure Section 664.6.
17. The Parties hereto
shall execute all other documents as may be necessary and proper to carry out
the terms of this Agreement.
18. The Parties
acknowledge that they may hereafter discover facts different from or in addition
to those they now know or believe to be true with respect to the claims,
demands, causes of action, obligations, damages and liabilities
of any nature whatsoever that are the subject of the release set forth in
paragraph 13 of this Settlement Agreement, and they expressly agree to assume
the risk of the possible discovery of additional or different facts, and
agree
that this Settlement Agreement shall be and remain effective in all respects,
regardless of such additional or different facts.
19. The Parties warrant
that they have made no assignment, and will make no assignment, of any claim,
chose in action, right of action, or any right of any kind whatsoever, embodied
in any of their claims of any kind referred
to herein,
and that no other person or entity had or has any interest in any of the
demands, obligations, actions, causes of action, debts, liabilities, rights,
contracts, damages, attorneys’ fees, costs, expenses, losses, or claims
referred
to herein.
20. This Settlement
Agreement constitutes the entire agreement between the Parties who have executed
it and supersedes any and all other agreements, understandings, negotiations or
discussions, either oral or in writing, express
or implied, between the Parties to this Settlement Agreement. The Parties to
this Settlement Agreement each acknowledge that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made
by them, or anyone acting on their behalf, which are not embodied in this
Settlement Agreement, that they have not executed this Settlement Agreement in
reliance on any such representation, inducement, promise, agreement
or warranty, and that any representation, inducement, promise, agreement or
warranty not contained in this Settlement Agreement, including, but not limited
to, any purported supplements, modifications, or terminations of this
Settlement Agreement shall be valid or binding, unless executed in writing by
all of the Parties to this Settlement Agreement.
21. This Settlement
Agreement is made and entered into in the State of California and shall in all
respects be interpreted, enforced and governed under the laws of said
State.
22. All Parties hereto
will bear their own attorneys’ fees and costs incurred in connection with the
prosecution or defense of the Lawsuit and the preparation of this Settlement
Agreement.
23. Any dispute arising
out of this Settlement Agreement will be subject to arbitration in Los Angeles
County pursuant to the American Arbitration Association Commercial Arbitration
Rules. In the event any Party hereto initiates
legal proceedings against the other to enforce or interpret the provisions of
this Settlement Agreement, the prevailing Party in such litigation shall be
entitled to recover her or his reasonable attorneys’ fees and costs of
litigation
from the Party not prevailing.
24. This Settlement
Agreement may be executed in counterparts and when signed by all Parties hereto
shall constitute one single document.
25. Should any of the provisions of
paragraphs 1 through 10 need to be modified, altered or terminated by
mutual consent, the only Parties needed to execute such a modification, etc. are
Professional Business Bank on the one hand and the TEAM Nation Parties and the
Guarantors on the other hand.
THE
PARTIES ACKNOWLEDGE THAT EACH HAS READ THIS AGREEMENT CAREFULLY, AS THIS
AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN
CLAIMS.
| DATED: January 21, 2010 | PROFESSIONAL BUSINESS BANK, a California corporation | |
| By: /s/ Xxxx Xxxx X. Xxxx | ||
| Title: President & CEO | ||
| DATED: January 19, 2010 | /s/ Xxxxxxx Xxxxxxxxx | |
| XXXXXXX XXXXXXXXX | ||
| DATED: January 20, 2010 | /s/ Xxxxxx Xxxxxx | |
|
XXXXXX
XXXXXX
|
||
| DATED: January 19, 2010 | /s/ Xxxxxx X. Xxxxxx | |
|
XXXXXX
X. XXXXXX
|
||
****SIGNATURES
ON NEXT PAGE****
| DATED: January __, 2010 | BELVEDERE SOCAL, a California corporation | |
| By: | ||
| Title: | ||
| DATED: January 21 , 2010 | ||
| XXXXX XXXXXXXXXX, XX. | ||
| DATED: January __, 2010 | TEAM NATION HOLDING, INC., a California corporation | |
| By: | ||
| Title: | ||
| DATED: January __, 2010 |
TEAM NATIONS HOLDINGS, INC., a Nevada
corporation doing business as TEAM
NATION HOLDINGS MANAGEMENT CORP.
|
|
| By: | ||
| Title: | ||
| DATED: January __, 2010 | CALCOUNTIES TITLE NATION, INC., a California corporation | |
| By: | ||
| Title: | ||
| DATED: January __, 2010 |
XXXXXX X.
XXXXX, individually and as trustee of the
Xxxxx
Family Trust dated June 11, 1984 as Amended
and
Restated September 14, 2007
|
|
****SIGNATURES
ON NEXT PAGE****
| DATED: January __, 2010 | ||
|
XXXXXXXXX
X. XXXXX, individually and as trustee
of the
Xxxxx Family Trust dated June 11, 1984 as
Amended
and Restated September 14, 2007
|
||
| DATED: January __, 2010 | ||
| XXXXXX X. XXXXXXX | ||
| DATED: January __, 2010 | ||
| XXXXXX X. XXXXXX | ||
| DATED: January __, 2010 |
|
|
|
XXXXXX
X. XXXXX, individually and as trustee of
The
Xxxxx Family Revocable Living Trust dated
October
25, 2005
|
||
| DATED: January __, 2010 |
|
|
|
XXXXXXX
X. XXXXX, individually and as trustee of
The
Xxxxx Family Revocable Living Trust dated
October
25, 2005
|
||
| DATED: January __, 2010 | ||
|
XXXXX
XXXXXXXX, individually and as trustee of
The
Xxxxx Xxxxxxxx Revocable Living Trust dated
October
31, 2005
|
||
| DATED: January __, 0000 |
|
|
| XXXXX X. XXXXXXXX |
| DATED: January __, 2010 |
VISION
MANAGEMENT SOLUTIONS, LLC, a
California
Limited Liabilty company
|
|
| By: | ||
| Title: | ||
| DATED: January __, 2010 | KE ENTERPRISES, INC., a California corporation | |
| By: | ||
| Title: |
Exhibit
1
Certificates
of Deposit held at Professional Business Bank under the following account
names:
Xxxxxx
Xxxxx #6864 $106,239.02 principal, interest thru 1/14/10 $109.12 accrues at
$2.18/day;
Xxx Xxxxx
#7077 $52,529.36
principal, interest thru 1/14/10 $88.48 accrues at
$2.16/day;
Xxx Xxxxx
#6863 $53,236.87
principal, interest thru 1/14/10 $54.66 accrues at
$1.09/day;
Team
Nation Holding Corporation #7093 $106,592.84 principal,
interest 1/14/10 today $96.37
accrues
at $4.38/day;
Xxxxx
Xxxxxxxx #6865
$53,243.17 principal, interest thru 1/14/10 $54.68 accrues at
$1.09/day;
Xxxxx
Xxxxxxxx #7076 $52,529.36 principal, interest thru 1/14/10 $88.48 accrues at
$2.16/day;
and
Xxxxxx
Xxxxxxx #6866 $107,072.04 principal, interest thru 1/14/10 $110.00 accrues at
$2.20/day.
EXHIBIT
3
XXXX XXXX LLP
|
XXXXXXX
X. XXXXXXX*
|
INCLUDING PROFSSSIONAL CORPORATIONS | XXXXXXXX X. XXXX 1869-1932 |
|
XXXXXXX
X. XXXXXXXXX, XX.*
|
LAWYERS | XXXXX X. XXXX 1872-1961 |
|
DON
XXXX XXXXXXX
|
NINTH FLOOR | XXXXXXX X. XXXX 1893-1982 |
|
XXXXXXX
X. XXXXXX*
|
000 XXXX XXXXXXXX XXXXXXXXX | XXXXXXX X. XXXX 0000-0000 |
|
XXXXX
X. XXXX*
|
XXXXXXXX, XXXXXXXXXX 00000-0000 | |
|
XXXX
X. XXXXXXXX*
|
RETIRED PARTNERS | |
| XXXXX X. HOUSE* | XXXXX X. XXXXXXXX | |
| XXXXXX X. XXXXXX | XXXXX X. XXXXXXX | |
| XXXX X. XXXXX, XX. | January 14, 2010 | XXXXXXX X. XXXX |
| R. XXXXX XXXXXXX* | ||
| XXXX X. XXXXX* | OF COUNSEL | |
| XXXX X. XXXXXXX | XXXXXX X. XXXXX | |
| XXXXXXXXXXX X. XXXXX | XXXXXXXX X. XXXXXX | |
| XXXXX X. XXXXXX | ||
| XXXXXXXXXXX X. XXXXXX | TELEPHONE | |
| XXXX X. XXXXX | (000) 000-0000 | |
| XXXXXXX X. XXXXXX | ||
| XXXX X. XXXX | FACSIMILE | |
| XXXXX X. SERENTSEN | (000) 000-0000 | |
| HAEGYUNG XXX | ||
| XXXX X. XXXX | AUTHOR’S E-MAIL | |
|
xxxxxxx@xxxxxxxxxxx.xxx
|
* PROFESSIONAL
CORPORATION
San
Bernardino County Sheriffs Department
Attention: Xxxxxxxx Xxxxxxxxx
000 X. 0xx Xxxxxx, 0xx Xxxxx
Xxx Xxxxxxxxxx, Xxxxxxxxxx 00000
Re:
Request for Release of Attachment Lien
Orange
County Civil Case No. 00-0000-00000000
SBCSD File No.
09-13259
Dear Xx. Xxxxxxxx:
I am the
attorney of record for Professional Business Bank (“PBB”), Plaintiff in the
above-entitled civil action.
On May
26, 2009, PBB secured an attachment lien against real property situated in San
Bernardino County California, by recording a Notice of Attachment and Writ of
Attachment in the San Bernardino County Recorder’s Office.
This
letter serves as PBB'ss formal request that your office effect a release of the
above- referenced lien, by issuing a Notice of Release for the property, by
recording the same in the San Bernardino County Recorder’s Office, and by taking
any further action necessary to release the lien.
The
information you will require to effect the release of the lien, including the
description of the property, is as follows:
| Property Address: | 00000 Xxxxx Xxx, Xxx Xxxx Xxxx, |
| Xxxxxxxxxx 00000 | |
| Legal Description: | Xxx 00 xx Xxxxx 00000, in the City of Big Bear |
| Lake, County of San Bernardino, California, as | |
| per map recorded in Book 155, Pages 30 and | |
| 31, Maps of Record, in the Office of the | |
|
County
Recorder of said County
|
San
Bernardino County Sheriffs Department
January
14, 2010
Page
2
| Property Owner: |
Defendant,
Xxxxx Xxxxxxx. (Defendant’s
mailing
address is believed to be 0000 Xxxxxx
Xxxxx,
Xxxxxxx Xxxx, Xxxxxxxxxx 93225)
|
| Additional Defendants: |
Xxxxxx
X. Xxxxx and Xxxxxxxxx X. Xxxxx, as
Trustees
of the Xxxxx Family Trust dated July
11,
1984. (Defendants’ mailing address is
believed
to be 00000 Xxxxxx Xxxxx Xxxx,
Xxxxx
Xxxxx, Xxxxxxxxxx 00000)
|
| Recording Date and No: |
May
26, 2009; document number 2009-
0228324
|
| SBCSD File No.: |
09-13259
|
| Lien Amount: |
$1,330,000.00
|
Please
find enclosed a check payable to the San Bernardino County Sheriffs Department
in an amount not to exceed $40.00 and a check payable to the San Bernardino
County Recorder in an amount not to exceed $75.00, as payment for all fees
associated with the release of the attachment lien. Once the release is
effected, please send me the original recorded Notice of Release in the enclosed
self-addressed stamped envelope provided for your convenience.
Please
contact me if you have any questions.
Very
truly yours,
Xxxxx X.
Xxxxxx
of XXXX
& XXXX LLP
LVF
:nls
Enclosures
XXXX XXXX LLP
|
XXXXXXX
X. XXXXXXX*
|
INCLUDING PROFSSSIONAL CORPORATIONS | XXXXXXXX X. XXXX 1869-1932 |
|
XXXXXXX
X. XXXXXXXXX, XX.*
|
LAWYERS | XXXXX X. XXXX 1872-1961 |
|
DON
XXXX XXXXXXX
|
NINTH FLOOR | XXXXXXX X. XXXX 1893-1982 |
|
XXXXXXX
X. XXXXXX*
|
000 XXXX XXXXXXXX XXXXXXXXX | XXXXXXX X. XXXX 0000-0000 |
|
XXXXX
X. XXXX*
|
XXXXXXXX, XXXXXXXXXX 00000-0000 | |
|
XXXX
X. XXXXXXXX*
|
RETIRED PARTNERS | |
| XXXXX X. HOUSE* | XXXXX X. XXXXXXXX | |
| XXXXXX X. XXXXXX | XXXXX X. XXXXXXX | |
| XXXX X. XXXXX, XX. | January 14, 2010 | XXXXXXX X. XXXX |
| R. XXXXX XXXXXXX* | ||
| XXXX X. XXXXX* | OF COUNSEL | |
| XXXX X. XXXXXXX | XXXXXX X. XXXXX | |
| XXXXXXXXXXX X. XXXXX | XXXXXXXX X. XXXXXX | |
| XXXXX X. XXXXXX | ||
| XXXXXXXXXXX X. XXXXXX | TELEPHONE | |
| XXXX X. XXXXX | (000) 000-0000 | |
| XXXXXXX X. XXXXXX | ||
| XXXX X. XXXX | FACSIMILE | |
| XXXXX X. SERENTSEN | (000) 000-0000 | |
| HAEGYUNG XXX | ||
| XXXX X. XXXX | AUTHOR’S E-MAIL | |
|
xxxxxxx@xxxxxxxxxxx.xxx
|
* PROFESSIONAL
CORPORATION
Riverside
County Sheriffs Department
Attention:
Xxxx
Xxxxxx
00-000
Xxxxx Xxxxxx, Xxxx X00
Xxxxx,
Xxxxxxxxxx 00000
Re:
Request for Release of Attachment Lien
Orange County Civil Case No. 00-0000-00000000
RCSD File No.
2008039272
Dear Xx.
Xxxxxx:
I am the
attorney of record for Professional Business Bank (“PBB”), Plaintiff in the
above-entitled civil action.
On
February 9, 2009, PBB secured an attachment lien against real property situated
in Riverside County California, by recording a Notice of Attachment and Writ of
Attachment in the Riverside County Recorder’s Office.
This
letter serves as PBB’s formal request that your office effect a release of the
above- referenced lien, by issuing a Notice of Release for the property, by
recording the same in the Riverside. County Recorder’s Office, and by taking any
further action necessary to release the lien.
The
information you will require to effect the release of the lien, including the
description of the property, is as follows:
| Property Address: |
00000
Xxxxxx Xx Xxxxxx, Xx Xxxxxx,
|
| Xxxxxxxxxx 00000 | |
| Legal Description: |
Xxx
0 xx Xxxxx Xx. 00000-0, in the City of La
|
| Quinta, County of Riverside, California, as per | |
| map recorded in Book 294, Pages 3 to 8, | |
| inclusive of maps, in the Office of the County | |
|
Recorder
of said County
|
Riverside
County Sheriffs Department
January
14, 2010
Page
2
| Property Owners: |
Defendants,
Xxxxxx Xxxxxxx and Xxxxxx
Xxxxxx
(Defendants’ mailing address is
believed
to be 0000 Xxxxxxxx Xxxxx, Xxxxxxx,
Xxxxxxxxxx
91356)
|
| Recording Date and No: |
February
9, 2009; document number 2009-
0060871
|
| RSCD File No.: |
2008039272
|
| Lien Amount: |
$734,000.00
|
Please
find enclosed a check payable to the Riverside County Sheriffs Department in an
amount not to exceed $150.00, as payment for all fees associated with the
release of the attachment lien. Once the release is effected, please send me the
original recorded Notice of Release in the enclosed self-addressed stamped
envelope provided for your convenience.
Please
contact me if you have any questions.
Very
truly yours,
Xxxxx X.
Xxxxxx
of XXXX
& XXXX LLP
LVF
:nls
Enclosures
XXXX XXXX LLP
|
XXXXXXX
X. XXXXXXX*
|
INCLUDING PROFSSSIONAL CORPORATIONS | XXXXXXXX X. XXXX 1869-1932 |
|
XXXXXXX
X. XXXXXXXXX, XX.*
|
LAWYERS | XXXXX X. XXXX 1872-1961 |
|
DON
XXXX XXXXXXX
|
NINTH FLOOR | XXXXXXX X. XXXX 1893-1982 |
|
XXXXXXX
X. XXXXXX*
|
000 XXXX XXXXXXXX XXXXXXXXX | XXXXXXX X. XXXX 0000-0000 |
|
XXXXX
X. XXXX*
|
XXXXXXXX, XXXXXXXXXX 00000-0000 | |
|
XXXX
X. XXXXXXXX*
|
RETIRED PARTNERS | |
| XXXXX X. HOUSE* | XXXXX X. XXXXXXXX | |
| XXXXXX X. XXXXXX | XXXXX X. XXXXXXX | |
| XXXX X. XXXXX, XX. | January 14, 2010 | XXXXXXX X. XXXX |
| R. XXXXX XXXXXXX* | ||
| XXXX X. XXXXX* | OF COUNSEL | |
| XXXX X. XXXXXXX | XXXXXX X. XXXXX | |
| XXXXXXXXXXX X. XXXXX | XXXXXXXX X. XXXXXX | |
| XXXXX X. XXXXXX | ||
| XXXXXXXXXXX X. XXXXXX | TELEPHONE | |
| XXXX X. XXXXX | (000) 000-0000 | |
| XXXXXXX X. XXXXXX | ||
| XXXX X. XXXX | FACSIMILE | |
| XXXXX X. SERENTSEN | (000) 000-0000 | |
| HAEGYUNG XXX | ||
| XXXX X. XXXX | AUTHOR’S E-MAIL | |
|
xxxxxxx@xxxxxxxxxxx.xxx
|
* PROFESSIONAL
CORPORATION
Orange
County Sheriffs Department
0000
Xxxxx Xxxxxxxx Xxxxxx, Xxxx 000
Xxxxxxxxx,
Xxxxxxxxxx 00000
Re:
Request for Release of Attachment Liens
Orange County Civil Case No. 00-0000-00000000
OCSD File Nos.
N0922651N095818
Dear Sir
or Madam:
I am the
attorney of record for Professional Business Bank (“PBB”), Plaintiff in the
above-entitled civil action.
On
February 6, 2009 and May 21, 2009, respectively, PBB secured two attachment
liens against real property situated in Orange County California, by recording
Notices of Attachment and Writs of Attachment in the Orange County Recorder’s
Office.
This
letter serves as PBB’s formal request that your office effect a release of the
above- referenced liens, by issuing a Notice of Release for each property, by
recording the same in the Orange County Recorder’s Office, and by taking any
further action necessary to release the liens.
The
information you will require to effect releases of the liens, including the
description• of each property, is as follows:
| Property Address: |
00000
Xxxxxx Xxxxx Xxxx, Xxxxx Xxxxx, Xxxxxxxxxx
00000
|
| Legal Description: |
Xxx
00 xx Xxxxx Xx. 00000, in the City of Xxxxx
Xxxxx,
|
|
County
of Orange, California, as per map recorded in
|
|
|
Book
848, Pages 7 to 14 inclusive, of Miscellaneous
|
|
|
Maps,
Records of Orange County, California
|
|
| Property Owners: |
Defendants,
Xxxxxx X. Xxxxx and Xxxxxxxxx X. Xxxxx, as
Trustees
of the Xxxxx Family Trust dated July 11, 1984.
(The
property is believed to be Defendants’ mailing
address)
|
Orange
County Sheriffs Department
January
14, 2010
Page
2
| Recording Date and No: |
May
21, 2009; document number 2009000257719
|
| OCSD File No.: |
N0922651
|
| Lien Amount: |
$793,491.84
|
| Property Address: |
0000 Xxxx
Xxxxx Xxxxx, Xxxxx Xxxxx, Xxxxxxxxxx
00000
|
| Legal Description: |
Xxx
0 xx Xxxxx Xx. 00000, as shown on a map recorded in
Book
848, Pages 7 to 14 inclusive, of Miscellaneous
Maps,
Records of Orange County, California
|
| Property Owners: |
Defendants,
Xxxxxx X. Xxxxx and Xxxxxxx X. Xxxxx, as
Trustees
of the Xxxxx Family Revocable Living Trust
dated
October 25, 2005. (The property is believed to be
Defendants'
mailing address)
|
| Recording Date and No: |
February
6, 2009; document number 2009000053984
|
| OCSD File No.: |
N095818
|
| Lien Amount: |
$100,000.00
|
Please
find enclosed a check payable to the Orange County Sheriffs Department in an
amount not to exceed $250.00, as payment for all fees associated with the
release of the attachment liens from both properties. Once the releases are
effected, please send me the original recorded Notices of Release in the
enclosed self-addressed stamped envelope provided for your
convenience.
Please
contact me if you have any questions.
Very
truly yours,
Xxxxx X.
Xxxxxx
of XXXX
& XXXX LLP
LVF
:nls
Enclosures
