AGREEMENT TO ASSIGN CLAIMS
THIS AGREEMENT is entered into this 4th day of May, 2001, by and between
AmeriNet Xxxxx.xxx., Inc., a Delaware corporation ("AmeriNet"), and The Yankee
Companies, Inc., a Florida corporation ("Yankee").
WHEREAS:
A. On or about May 11, 2000: AmeriNet; Xxxxxxx Communications, Inc., a Florida
corporation ("Xxxxxxx"); and Xxxxxx X. Xxxxxxxxxx and Xxxxx X. Xxxxxxxxxx
(individually and collectively the "Cunninghams") entered into a
Reorganization Agreement pursuant to which Xxxxxxx became a subsidiary of
AmeriNet pursuant to an exchange of all of Lorilei's common stock (the
"Xxxxxxx Stock") previously owned by the Cunninghams in exchange for
572,519 shares of AmeriNet common stock (the "Amerinet Stock").
B. Pursuant to the Reorganization Agreement, a number of the shares of the
AmeriNet Stock were placed in escrow (the "Escrowed Stock").
C. After the closing of the transaction, AmeriNet became aware that the
Cunninghams had fraudulently misrepresented a number of matters concerning
Lorilei's financial condition.
D. AmeriNet claims that it is entitled to all of the AmeriNet Stock that was
the subject of the Reorganization Agreement in that:
1). As a result of the Cunninghams' misrepresentations, AmeriNet is
entitled to a constructive trust on the AmeriNet Stock that it
conveyed or agreed to convey to the Cunninghams;
2). Under the Reorganization Agreement, the condition of the escrow under
which the Escrowed Stock would have been delivered to the Cunninghams
has failed, and therefore AmeriNet is entitled to recover possession
of the Escrowed Stock.
E. The Cunninghams are debtors in a Chapter 7 bankruptcy proceeding styled In
re: Xxxxxx X. Xxxxxxxxxx and Xxxxx X. Xxxxxxxxxx, filed in the U.S.
Bankruptcy Court for the Middle District of Florida, Orlando Division, Case
Number 00-06158-6B7 (the "Bankruptcy Proceeding").
F. AmeriNet has filed two proofs of claim (the "Proofs of Claim") in the
Bankruptcy Proceeding as follows:
1). Proof of Claim Number 18, in the amount of $5,142.61; and
2). Proof of Claim Number 20, in the amount of $1,001,000.
G. AmeriNet seeks to convey to Yankee, and Yankee seeks to acquire from
AmeriNet, the assets described below pursuant to the terms and conditions
hereof.
NOW THEREFORE, in consideration of the matters set forth above (which are
incorporated herein by reference), the exchange of the mutual promises set forth
herein, and other good and valuable consideration, the parties hereto agree as
follows:
1. Assets. AmeriNet agrees to sell, convey, and assign to Yankee, and Yankee
agrees to acquire from AmeriNet, the following ("Assets").
1.1. The Xxxxxxx Stock.
1.2. The Proofs of Claim.
1.3. All claims or causes of action of AmeriNet against the
Cunninghams or their Bankruptcy Trustee, including, without
limitation, claims: arising under the Proofs of Claim; to declare
a constructive trust on the AmeriNet stock; or to recover the
Escrowed Stock (individually and collectively the "Bankruptcy
Claims").
2. Purchase Price. Yankee agrees to provide the following consideration in
return for the assets:
2.1. Cash in the amount of $1.00.
2.2. The assumption of AmeriNet's obligation to pay current and future
attorney's fees in connection with the Bankruptcy Claims.
3. AmeriNet's Representations and Agreements. Amerinet represents and
warrants:
3.1. AmeriNet has good, clear, marketable, and insurable title to the
Assets free and clear of all liens, encumbrances, claims, and
other exceptions to title, and upon the execution and delivery of
the documents described in paragraph 4.3 below, Yankee will be
vested with good, clear and marketable title to the Assets free
and clear of all liens, encumbrances, claims, and other
exceptions to title.
3.2. The Assets are not subject to any written or oral agreement,
which grants to any person or entity other than Yankee an option,
right of first refusal or other right to acquire any interest in
the Assets.
3.3. The party executing this Agreement on behalf of AmeriNet has full
right, title, and authority to so execute this Agreement and to
deliver any and all documents required to consummate the
transactions contemplated under this Agreement. No consent,
approval, or authorization of any third party is required in
connection with the execution of this Agreement by AmeriNet or
the consummation of the transactions contemplated by this
Agreement. The execution and delivery of this Agreement and the
consummation of the transactions contemplated hereby will not
violate, result in a breach of, or constitute a default under,
the partnership agreement of AmeriNet, or of any order, judgment,
arbitration award, note, mortgage, deed of trust, indenture or
any other agreement or instrument whatsoever to which AmeriNet is
a party or is or may be bound, or of any law, order, rule,
regulation, writ or injunction of any governmental body having
jurisdiction over AmeriNet.
3.4. No litigation or proceeding is pending or threatened against
AmeriNet or affecting any part of the Assets before any court or
administrative agency which, if adversely determined, could have
an adverse effect on the title to or use, enjoyment or value of
the Assets or any part thereof or which could interfere with the
consummation of this Agreement.
3.5. There are no tax liabilities or other obligations or liabilities
of AmeriNet, whether contingent, or otherwise, which affect the
Assets or AmeriNet's business and operations in connection with
the Assets, or which, by application of law or otherwise, Yankee
will become responsible for as a result of the acquisition of the
Assets.
3.6. There has not been filed by or against, or threatened against,
AmeriNet a petition in bankruptcy or other insolvency
proceedings, or for the reorganization or the appointment of a
receiver or trustee, nor has AmeriNet made an assignment for the
benefit of creditors, not filed a petition for an arrangement,
nor entered into an arrangement with creditors, nor admitted in
writing AmeriNet's inability to pay debts as they become due.
AmeriNet is not insolvent.
3.7. AmeriNet has had no contact with any broker or other person or
entity who might have a basis for claiming any brokerage or other
commission relative to the transactions contemplated by this
Agreement.
3.8. AmeriNet shall indemnify Yankee, and hold Yankee harmless from,
all damages, claims, losses, costs, and expenses, including
attorneys' fees, which Yankee may sustain, or which may be
asserted against Yankee, arising out of a breach by AmeriNet of
its representations and warranties herein.
4. Closing.
4.1. This transaction shall be closed on or before May 31, 2001, at
0000 Xxxxxxxxx 00xx Xxxxxxx, Xxxxx, Xxxxxxx, or by mail so that
all documents are received at the above location on or before
such date.
4.2. At the Closing, Yankee will pay or deliver:
4.2.1. The cash portion of the purchase price.
4.2.2. Amounts necessary to record any documents in the Public Records
of Xxxxxx County deemed necessary by Yankee.
4.3. At the Closing, AmeriNet will deliver:
4.3.1. Assignments of Claims in such forms as are satisfactory to Yankee
in the exercise of its reasonable discretion.
4.3.2. The Xxxxxxx Stock properly endorsed to Yankee.
4.3.3. Such other documents as are requested by Yankee in the exercise
of its reasonable discretion.
5. Post-Closing Obligations.
5.1. Following the closing, AmeriNet shall, upon Yankee's written
request, promptly:
5.1.1. Cooperate with Yankee and its counsel in pursuing remedies
available under the Reorganization Agreement, including, without
limitation, the Bankruptcy Claims.
5.1.2. Consent to the cooperation or participation with Yankee of its
prior officers, directors, shareholders, accountants (including
Xxxxx X. Xxxxxxx), attorneys (including W. Xxxxx Xxxxxxx III, and
the law firm of Xxxxxxxx, Xxxx & Xxxxxxx, P.A.), agents,
employees, independent contractors or other representatives in
connection with the pursuit of remedies under the Reorganization
Agreement or the Bankruptcy Claims.
5.2. Following the Closing, Yankee shall pay all attorney's fees
previously incurred by AmeriNet in connection with the Bankruptcy
Claims.
6. Relationship of AmeriNet and Yankee. This Agreement shall not constitute or
be considered a partnership, employer-employee relationship, joint venture,
agency or similar business relationship between the parties hereto. Yankee
is not assuming any obligations or liabilities of AmeriNet by virtue of
this transaction or otherwise.
7. Exclusive Venue. The parties agree that the exclusive venue for any
litigation, suit, action, counterclaim, or proceeding, whether at law or in
equity, which arises out of concerns, or relates to this agreement, any and
all transactions contemplated hereunder, the performance hereof, or the
relationship created hereby, whether sounding in contract, tort, strict
liability, or otherwise, shall be in Xxxxxx County, Florida.
8. JURY WAIVER. EACH PARTY HEREBY COVENANTS AND AGREES THAT IN ANY LITIGATION,
SUIT, ACTION, COUNTERCLAIM, OR PROCEEDING, WHETHER AT LAW OR IN EQUITY,
WHICH ARISES OUT OF CONCERNS, OR RELATES TO THIS AGREEMENT, ANY AND ALL
TRANSACTIONS CONTEMPLATED HEREUNDER, THE PERFORMANCE HEREOF, OR THE
RELATIONSHIP CREATED HEREBY, WHETHER SOUNDING IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, TRIAL SHALL BE TO A COURT OF COMPETENT
JURISDICTION AND NOT TO A JURY. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY
RIGHT IT MAY HAVE TO A TRIAL BY JURY. ANY PARTY MAY FILE AN ORIGINAL
COUNTERPART OR A COPY OF THIS AGREEMENT WITH ANY COURT, AS WRITTEN EVIDENCE
OF THE CONSENT OF THE PARTIES HERETO OF THE WAIVER OF THEIR RIGHT TO TRIAL
BY JURY. NEITHER PARTY HAS MADE OR RELIED UPON ANY ORAL REPRESENTATIONS TO
OR BY THE OTHER PARTY REGARDING THE ENFORCEABILITY OF THIS PROVISION. EACH
PARTY HAS READ AND UNDERSTANDS THE EFFECT OF THIS JURY WAIVER PROVISION.
9. Notices.
9.1. All notices, requests, consents and other communications required
or permitted under this agreement shall be in writing (including
faxed communication) and shall be (as elected by the person
giving such notice) hand delivered by messenger or courier
service, faxed, or mailed by Registered or Certified Mail
(postage pre-paid), Return Receipt Requested, addressed to the
following or to such other addresses as any party may designate
by notice complying with the terms of this subparagraph:
9.1.1. If to AmeriNet: Crystal Corporate Center 0000 Xxxxx Xxxxxxxx
Xxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxxxx 00000 Attn: Xxxxxx Xxxxxxx
9.1.2. If to Yankee: Crystal Corporate Center 0000 Xxxxx Xxxxxxxx Xxxxx,
Xxxxx 000 Xxxx Xxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. Xxxxxx
9.2. Each such notice shall be deemed delivered:
9.2.1. On the dated delivered if by personal delivery;
9.2.2. On the date faxed if by fax; and
9.2.3. On the date upon which the Return Receipt is signed or delivery
is refused or the notice is designated by the postal authorities
as not delivered, as the case may be, if mailed.
10. Governing Laws. This agreement and all transactions contemplated by this
agreement shall be governed by, and construed and enforced in accordance
with, the laws of the State of Florida without regard to principles of
conflicts of laws.
11. Attorney's Fees. If any legal action or other proceeding (including,
without limitation, appeals or bankruptcy proceedings) whether at law or in
equity, which: arises out of, concerns, or relates to this agreement, any
and all transactions contemplated hereunder, the performance hereof, or the
relationship created hereby; or is brought for the enforcement of this
agreement, or because of an alleged dispute, breach, default or
misrepresentation in connection with any provisions of this agreement, the
successful or prevailing party or parties shall be entitled to recover
reasonable attorney's fees, court costs and all expenses even if not
taxable as court costs, incurred in that action or proceeding, in addition
to any other relief to which such party or parties may be entitled.
12. Counterparts. This agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
13. Remedies. No remedy herein conferred upon any party is intended to be
exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder
or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power
or remedy hereunder shall preclude any other or further exercise thereof.
14. Severability Clause. Provisions contained in this agreement which are
contrary to, prohibited by or invalid under applicable laws or regulations
shall be deemed omitted from this document and shall not invalidate the
remaining provisions thereof.
15. Waiver. A failure to assert any rights or remedies available to a party
under the terms of this agreement, or a waiver of the right to remedies
available to a party by a course of dealing or otherwise shall not be
deemed to be a waiver of any other right or remedy under this agreement,
unless such waiver of such right or remedy is contained in a writing signed
by the party alleged to have waived his other rights or remedies.
16. Construction of Agreement. Each party acknowledges that all parties to this
Agreement participated equally in the drafting of this Agreement and that
it was negotiated at arm's length. Accordingly, no court construing this
Agreement shall construe it more strongly against one party than another.
17. Language. Whenever used in this Agreement, the singular number shall
include the plural, the plural number shall include the singular, and the
use of any gender shall include all genders where the context permits.
18. Paragraph Headings. The paragraph headings used in this Agreement are for
convenience only, and shall not be used in interpreting or construing any
provision of this Agreement.
19. Exhibits. Any exhibits attached to this Agreement shall, by this reference,
be incorporated into this Agreement.
20. Further Action. Each of the parties hereto shall execute and deliver any
and all additional papers, documents, and other assurances, and shall do
any and all acts and things reasonably necessary in connection with the
performance of the obligations hereunder and to carry out the intent of the
parties hereto.
21. Time. Time is of the essence of all of the provisions and terms of this
Agreement.
22. Entire Understanding. This agreement represents the entire understanding
and agreement between the parties with respect to the subject matter
hereof, and supersedes all other negotiations (if any) made by and between
the parties.
23. Amendments. The provisions of this agreement may not be amended,
supplemented, waived, or changed orally but only by a writing making
specific reference to this agreement signed by the party as to whom
enforcement of any such amendment, supplement, waiver or modification is
sought.
/s/ Xxxxxxx X. Xxxxxxx
Witness AmeriNet Xxxxx.xxx, Inc., a Delaware corporation
_____________________________ By: /s/ Xx Xxxxxxx
Print Witness Name President(Print Title)
/s/ Xxxxxxxx Xxxxxxx
Witness
____________________________
Print Witness Name
/s/ Xxxxx Malonari
Witness The Yankee Companies, Inc., a Florida corporation
____________________________ By: /s/ Xxxxxxx X. Xxxxxx
Print Witness Name President(Print Title)
/s/Xxxxxxx X. Xxxxxxx
Witness
_____________________________
Print Witness Name
This Instrument Prepared by and Return To:
W. Xxxxx Xxxxxxx III
Xxxxxxxx, Xxxx & Xxxxxxx, P.A.
0 X. Xxxxxx Xxxxxxx Xxxx.
Xxxxx 000
Xxxxx, XX. 00000
ASSIGNMENT AND TRANSFER OF BANKRUPTCY CLAIM NUMBER 18
KNOW ALL MEN BY THESE PRESENTS THAT,
WHEREAS, Xxxxxx X. Xxxxxxxxxx and Xxxxx X. Xxxxxxxxxx (individually and
collectively "Debtors") are indebted to AmeriNet Xxxxx.xxx, Inc., a Delaware
corporation ("Assignor") in the amount of $5,142.61; and
WHEREAS, Debtors are debtors in a Bankruptcy proceeding styled In re:
Xxxxxx X. Xxxxxxxxxx, filed in the U.S. Bankruptcy Court for the Middle District
of Florida, Orlando Division, Case Number 00-06158-6B7; and
WHEREAS, Assignor has filed a Proof of Claim (the "Claim") for such
indebtedness (the "Debt") in the Bankruptcy proceeding which as been designated
as Claim Number 18 in the amount of $5142.61; and
WHEREAS, Assignor is the present, legal and equitable owner and holder of
the Claim and Debt.
NOW, THEREFORE, in consideration of the sum of Ten and no/100 Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, Assignor grants, bargains, sells, assigns,
transfers, and sets over to The Yankee Companies, Inc., a Florida corporation
("Assignee"), and to the Assignee's heirs, successors, and assigns, all of
Assignor's right, title, and interest in, to, and under the Claim and Debt.
ASSIGNOR represents and warrants that it is now the sole legal owner and
holder of the Claim and Debt; it has not executed any prior assignment or pledge
of the Claim or Debt, or any security interests, assignments, or other rights,
privileges, and interests concerning the Claim or Debt; it has not executed any
release of all or any part of the security (if any) described in the Claim; it
has not executed any instrument affecting the liability of the obligor(s) under
the Claim and Debt; and, to its knowledge, there are no offsets, credits, or
defenses to the Claim or Debt, or related security interests, assignments, and
other rights, interests, or privileges.
ASSIGNOR agrees to execute, acknowledge, and to deliver to Assignee all
further documents, assignments, U.C.C. filing statements, and assurances as
Assignee may reasonably require from time to time to confirm and implement the
transfer and assignment of the rights and interests conveyed and intended to be
conveyed hereunder.
IN WITNESS WHEREOF, this Assignment has been duly executed on 4th day
of May, 2001.
ASSIGNOR AmeriNet Xxxxx.xxx., Inc., a Delaware
corporation By: /s/ Xx Xxxxxxx
Xx Xxxxxxx, as President
STATE OF Florida
COUNTY OF Xxxxxx
The foregoing instrument was acknowledged before me this 4th day of May,
2001, by Xx Xxxxxxx, as President of AmeriNet Xxxxx.xxx., Inc., a Delaware
corporation.
/s/ Xxxxxxx X. Xxxxxxx
Notary Public, State of Florida
Name:_______________________________
(Please print or type)
Commission Number: CC923534
Commission Expires: March 29, 2004
Notary: Check one of the following:
X Personally known OR Produced Identification (if this box is checked, fill in
blanks below). Type of Identification Produced:
________________________________________
This Instrument Prepared by and Return To:
W. Xxxxx Xxxxxxx III
Xxxxxxxx, Xxxx & Xxxxxxx, P.A.
0 X. Xxxxxx Xxxxxxx Xxxx.
Xxxxx 000
Xxxxx, XX. 00000
ASSIGNMENT AND TRANSFER OF BANKRUPTCY CLAIM NUMBER 20
KNOW ALL MEN BY THESE PRESENTS THAT, WHEREAS, Xxxxxx X. Xxxxxxxxxx and
Xxxxx X. Xxxxxxxxxx (individually and collectively "Debtors") are indebted to
AmeriNet Xxxxx.xxx, Inc., a Delaware corporation ("Assignor") in the amount of
$1,001,000.; and
WHEREAS, Debtors are debtors in a Bankruptcy proceeding styled In re:
Xxxxxx X. Xxxxxxxxxx, filed in the U.S. Bankruptcy Court for the Middle District
of Florida, Orlando Division, Case Number 00-06158-6B7; and
WHEREAS, Assignor has filed a Proof of Claim (the "Claim") for such
indebtedness (the "Debt") in the Bankruptcy proceeding which as been designated
as Claim Number 20 in the amount of $1,001,000.; and
WHEREAS, Assignor is the present, legal and equitable owner and holder of
the Claim and Debt.
NOW, THEREFORE, in consideration of the sum of Ten and no/100 Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, Assignor grants, bargains, sells, assigns,
transfers, and sets over to The Yankee Companies, Inc., a Florida corporation
("Assignee"), and to the Assignee's heirs, successors, and assigns, all of
Assignor's right, title, and interest in, to, and under the Claim and Debt.
ASSIGNOR represents and warrants that it is now the sole legal owner and
holder of the Claim and Debt; it has not executed any prior assignment or pledge
of the Claim or Debt, or any security interests, assignments, or other rights,
privileges, and interests concerning the Claim or Debt; it has not executed any
release of all or any part of the security (if any) described in the Claim; it
has not executed any instrument affecting the liability of the obligor(s) under
the Claim and Debt; and, to its knowledge, there are no offsets, credits, or
defenses to the Claim or Debt, or related security interests, assignments, and
other rights, interests, or privileges.
ASSIGNOR agrees to execute, acknowledge, and to deliver to Assignee all
further documents, assignments, U.C.C. filing statements, and assurances as
Assignee may reasonably require from time to time to confirm and implement the
transfer and assignment of the rights and interests conveyed and intended to be
conveyed hereunder.
IN WITNESS WHEREOF, this Assignment has been duly executed on 4th day
of May, 2001.
ASSIGNOR AmeriNet Xxxxx.xxx., Inc., a Delaware
corporation By: /s/ Xx Xxxxxxx
Xx Xxxxxxx, as President
STATE OF Florida
COUNTY OF Xxxxxx
The foregoing instrument was acknowledged before me this 4th day of May,
2001, by Xx Xxxxxxx, as President of AmeriNet Xxxxx.xxx., Inc., a Delaware
corporation.
/s/ Xxxxxxx X. Xxxxxxx
Notary Public, State of Florida
Name:_______________________________
(Please print or type)
Commission Number: CC923534
Commission Expires: March 29, 2004
Notary: Check one of the following:
X Personally known OR Produced Identification (if this box is checked, fill in
blanks below). Type of Identification Produced:
________________________________________
This Instrument Prepared by and Return To:
W. Xxxxx Xxxxxxx III
Xxxxxxxx, Xxxx & Xxxxxxx, P.A.
0 X. Xxxxxx Xxxxxxx Xxxx.
Xxxxx 000
Xxxxx, XX. 00000
ASSIGNMENT OF CLAIMS
KNOW ALL MEN BY THESE PRESENTS THAT, IN CONSIDERATION of the sum of Ten and
no/100 Dollars ($10.00) which is acknowledged by execution of this Assignment,
AmeriNet Xxxxx.xxx, Inc., a Delaware corporation ("Assignor"), grants, bargains,
sells, assigns, transfers, and sets over to The Yankee Companies, Inc., a
Florida corporation ("Assignee"), and to the Assignee's heirs, successors, and
assigns, all of Assignor's right, title, and interest in, to, and under the
following assets (the "Assets"):
1. All of the common stock of Xxxxxxx Communications, Inc., a Florida
corporation ("Xxxxxxx");
2. The following Proofs of Claim (the "Proofs of Claim") filed by Assignor in
the Chapter 7 Bankrupty proceeding of Xxxxxx X. Xxxxxxxxxx and Xxxxx X.
Xxxxxxxxxx (individually and collectively "the Cunninghams") styled In re:
Xxxxxx X. Xxxxxxxxxx and Xxxxx X. Xxxxxxxxxx, filed in the U.S. Bankruptcy
Court for the Middle District of Florida, Orlando Division, Case Number
00-06158-6B7 (the "Bankruptcy Proceeding"):
a. Proof of Claim Number 18 in the amount of $5,142.61; and
b. Proof of Claim Number 20 in the amount of $1,001,000.
3. All claims or causes of action of Assignor against the Cunninghams or their
Bankruptcy Trustee including, without limitation, claims or causes of
action:
a. Arising under the Proofs of Claim;
b. To declare a constructive trust on Assignor's stock claimed by or in
the possession of the Cunninghams or their Bankruptcy Trustee that was
the subject of that certain Reorganization Agreement between AmeriNet,
Xxxxxxx Communcations, Inc., a Florida corporation, and the
Cunninghams; or
c. To recover Assignor's stock escrowed pursuant to such Reorganization
Agreement.
ASSIGNOR represents and warrants that it is now the sole legal owner and
holder of the Assets; it has not executed any prior assignment or pledge of the
Assets; and, to its knowledge, there are no offsets, credits, or defenses to the
Assets.
ASSIGNOR agrees to execute, acknowledge, and to deliver to Assignee all
further documents, assignments, and assurances as Assignee may reasonably
require from time to time to confirm and implement the transfer and assignment
of the rights and interests conveyed and intended to be conveyed.
IN WITNESS WHEREOF, this Assignment has been duly executed on 4th day of
May, 2001.
ASSIGNOR AmeriNet Xxxxx.xxx., Inc., a Delaware
corporation By: /s/ Xx Xxxxxxx
Xx Xxxxxxx, President
ASSIGNEE The Yankee Companies, Inc., a Florida
corporation By: /s/ Xxxxxxx X. Xxxxxx
Xxxxxxx X. Xxxxxx, President
STATE OF Florida
COUNTY OF Xxxxxx
The foregoing instrument was acknowledged before me this 4th day of May,
2001, by Xx Xxxxxxx, as President of AmeriNet Xxxxx.xxx, Inc., a Delaware
corporation, on behalf of the corporation.
/s/ Xxxxxxx X. Xxxxxxx
Notary Public, State of Florida
Name:_______________________________
(Please print or type)
Commission Number: CC923534
Commission Expires: March 29, 2004
Notary: Check one of the following:
X Personally known OR Produced Identification (if this box is checked, fill in
blanks below). Type of Identification Produced:
________________________________________
STATE OF Florida
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this 9th day of May,
2001, by Xxxxxxx X. Xxxxxx, as President of The Yankee Companies, Inc., a
Florida corporation, on behalf of the corporation.
/s/ Xxxxxxx X. Xxxxxxx
Notary Public, State of Florida
Name:_______________________________
(Please print or type)
Commission Number: CC907329
Commission Expires:4/26/2004
Notary: Check one of the following:
X Personally known OR Produced Identification (if this box is checked, fill in
blanks below). Type of Identification Produced:
________________________________________