Multiple Documents - mdl.law.uga.edu · 4/27/2018 · I am President of the law firm of Anapol...

Multiple DocumentsPart Description1 4 pages2 Exhibit Redacted Assignment3 Exhibit Redacted Assignment

IN RE: NATIONAL FOOTBALL LEAGUE PLAYERS' CONCUSSION INJURY LITIGATION (Specified Ancillary Matters), Docket No.

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Case 2:18-md-02323-AB Document 7 Filed 04/27/18 Page 1 of 4

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN RE: NATIONAL FOOTBALL LEAGUE PLAYERS' CONCUSSION INJURY LITIGATION

Kevin Turner and Shawn Wooden,

on behalf of themselves and others similarly situated,

Plaintiffs,

v.

National Football League, et al.,

Defendants.

THIS DOCUMENT RELATES TO:

ALL ACTIONS

No. 2:18-md-2323-AB

MDL No. 2323

DECLARATION OF SOL H. WEISS IN RESPONSE TO THE COURT'S ORDER

DATED 3/28/18 REGARDING THE ATTORNEYS' FEES QUALIFIED SETTLEMENT

FUND

I, Sol H. Weiss, am an attorney licensed to practice before all the courts of the

Commonwealth of Pennsylvania, the United States District Courts for the Eastern and Middle

Districts of Pennsylvania, the United States Court of Appeals for the Third and Sixth Circuits,

and the United States Supreme Court. I am President of the law firm of Anapol Weiss and

appointed by this Court to serve as Co- Lead Class Counsel and on the Plaintiffs' Steering

Committee. Anapol Weiss is seeking payment from the Attorneys' Fees Qualified Settlement

Fund. Pursuant to 28 U.S.C. § 1746, I hereby respond to the questions presented by the Court in

its March 28, 2018 Order, based upon my personal knowledge, information and belief.

1. Anapol Weiss initially registered two hundred and sixteen (216) Settlement Class

Members.

A. Forty-eight ( 48) Class Members subsequently discharged our Firm.

Before registration opened seventy-one (71) retired Class Members

discharged our Firm.


2. A.

B. Anapol Weiss currently represents one hundred and fifty-seven (157)

Eligible Settlement Class Members in this litigation.

To date, five (5) Class Members have received a Monetary Award.

B. Four (4) more Class Members represented by Anapol Weiss have been approved for a Monetary A ward

C. Seven (7) more Class Members represented by Anapol Weiss have applied

for Monetary Awards and are awaiting adjudication.

D. Based on my information and belief, four ( 4) additional Settlement Class

Members will qualify for a Monetary Award after we receive a

Diagnosing Physician's Certification. Additional Class Members await

BAP Testing. Some, if the BAP results warrant, may also qualify for

Monetary A wards.

3. Anapol Weiss represents one Settlement Class Member, who later signed a fee

agreement with Wilshire Law Firm, P.C. Bobby Saadian of Wilshire Law Firm, P.C., arranged a

Third-Party Litigation Loan. Thereafter, the Wilshire Law Firm contacted Anapol Weiss

requesting we withdraw as Counsel. The Class Member, however, elected to remain an Anapol

Weiss client.

Anapol Weiss also represented a Settlement Class Member who, against the advice of the

undersigned, on his own obtained a cash advance with a Third-Party Litigation Funder. Shortly

after receiving his loan proceeds, the Settlement Class Member terminated our services.

4. Other than the one Class Member discussed in the paragraph above, none of the

Settlement Class Members represented by Anapol Weiss that have received an award, applied for

an award or are awaiting approval of an award, have signed an agreement with a Third-Party

Litigation Funder.

5. Anapol Weiss is not under any obligation to pay or forward any portion of funds

for Settlement Class Members that have qualified for Monetary A wards other than for the Class

Member who Wilshire Law Firm facilitated the Loan and to which Anapol Weiss has advised the

Third-Party Litigation Funder that the advance is an "Assignment" and violates the Amended

Master Settlement Agreement. That Class Member has not qualified for a monetary payment.

6. Anapol Weiss was not involved in nor had knowledge of the represented

Settlement Class Member's association with the Third-Party Funder until after the contract had


been signed and the loan was disbursed to the Class Member. The other Settlement Class

Member formally represented by the undersigned acted against the advice of counsel.

7. Anapol Weiss does not have any direct or indirect association with any Third-

Party Litigation Funders.

8. The assignments referenced in Response #3 involving the player currently

represented by Anapol Weiss is being litigated. The undersigned is currently unaware of the

status of the Assignment involving the Settlement Class Member no longer represented by

Anapol Weiss.

DOCUMENTS:

A-D. The redacted contract between the Settlement Class Members and the subject Third-Party

Funders are attached hereto as Exhibit A and Exhibit B. All identifiable information and personal

data pertaining to the Settlement Class Members have been redacted.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: l.\ \ J1 \bbl O Respectfully submitted,

ANAPOL WEISS

Isl Sol H. Weiss Sol H. Weiss, Esquire One Logan Square 130 N. l 81h St., Suite 1600 Philadelphia, PA 19103 215-735-2098 (P) 215-875-7701 (F) sweiss(a),anapo 1 weiss. com


CERTIFICATE OF SERVICE

It is hereby certified that a true copy of the foregoing Declaration of Sol H. Weiss was

served electronically via the Court's electronic filing system on the 27th day of April 2018 upon

all counsel of record.

ANAPOL WEISS

Isl Sol H. Weiss Sol H. Weiss, Esquire

Case 2:18-md-02323-AB Document 7-1 Filed 04/27/18 Page 1 of 15

EXHIBIT A

Case 2:18-md-02323-AB Document 7-1 Filed 04/27/18 Page 2 of 15_,

Letter of Direction

I, -- -- - hereby instruct Preferred Capital Funding -Nevada, LLC to make my loan

check(s) payable to the following parties:

Peachtree Pre-Settlement Funding SPV, LLC P.O. Box 935350 Atlanta, GA 31193-5350

(May 27, 2016)

Borrower Signature

$50,000.00

$225,000.00

May 27, 2016

Date

Case 2:18-md-02323-AB Document 7-1 Filed 04/27/18 Page 3 of 15___ .r

Loan# 2850416A Preferred Capital Funding - Nevada, LLC

211 N. Buffalo Dr., Ste. C Las Vegas NV 89145

Phone: (702) 947-9775

PROMISSORY NOTE AND ASSIGNMENT OF PROCEEDS OF CLAIM

1. Initial Disclosures.

DATE OF LOAN: May 27, 2016

AMOUNT OF LOAN: $ 275,000.00

DEDUCTIONS FROM LOAN AMOUNT: $ 0.00

FINANCE CHARGE: $ 109,862.50

ANNUAL PERCENTAGE RATE: 39.95%

NUMBER OF PAYMENTS: One

AMOUNT OF PAYMENT: $ 384,862.50

PAYMENT DUE DATE: May 27, 2017

TOTAL OF PAYMENTS: $ 384,862.50

LATE PAYMENT FEE 5% of amount of payment if payment is more than 15 days late

PREPAYMENT: You may prepay this loan at any time, without penalty.

COLLATERAL: An assignment of a portion of the proceeds of the case I claim I lawsuit (hereinafter referred to as "the claim") arising from an incident occurring on or about date unknown and against the responsible party -

_ :; et-al. v: National--Footba:ll League-a.ml NFL-Properties; LLC, -·,

successor-in-interest to NRL Properties, Inc and other potentially responsible parties including all insurance claims related thereto (including where relevant, all bad faith, uninsured or underinsured motorist's claims) sufficient to cover all amounts due and owing under this agreement.

2. Promise to Pay. I, -- -· - (the Borrower), for value received, promise to pay to the order of Preferred Capital Funding-Nevada, LLC (the Lender), the principal sum of Two Hundred

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Subject to a security interest provided by Preferred Capital Funding LLC to FirstMerit Bank N.A.


Seventy-Five Thousand & 00/100 Dollars ($275,000.00), plus interest on the principal sum calculated at the amn.ial percentage rate of 39.95% calculated as follows: 9.92% interest for the 1st month; and 2.73% interest for months 2 through 12 without any monthly compounding of interest. This is a single advance loan with a monthly step interest rate as defined within this paragraph. This loan shall be payable upon the earlier of:

A. One year from the date of this Promissory Note (the Agreement); or

B. My or my attorney's receipt of payment on account ofmy pending claim(s) I lawsuit(s) I entitlement as a beneficiary or other sums due rne now or in the future from the rnatter(s) listed as Collateral hereunder and enumerated as against�

_ -· · , et al. v. National Football League and NFL Properties, LLC, successor-in-interest to NRL Prope1iies, Inc, Case No. 2:13-CV-06101 or other potentially responsible parties arising out of an incident on or about date unknown.

3. Refinancing: If the Loan you are closing today will pay off and refinance your prior Loans with lender and provide you with additional funds a letter of direction or Assignment of Proceeds will accompany your loan documents showing the following:

A. That you will be receiving new funds today in the amount of $27 5,000.00.

B. That the amount of $0.00 will be used to pay off your prior loan(s) with lender bearing loans #(s) NIA.

4. Automatic Roll-Over: The Borrower and the Lender agree that if the event described in this section 2.B has not occurred as of the Payment Due Date [ or as of any subsequent loan term Payment Due Date(s)], and if no Event of Default (as that term is defined in section 9 of this Agreement) has occurred, they shall enter into a Promissory Note and Assignment of the Proceeds of the Claim in form and substance substantially identical to this Agreement ( except that the principal amount of the Loan shall be equal to the original principal amount of the Loan, plus all accrued and unpaid interest on the Loan) by which the Payment Due Date shall be extended by the same term as the original loan.

5. Grant of Security Interest. To secure the payment of the Loan, and of any and all other debts, obligations orliabilities of the Borrower to the Lender, whether direct or indirect, now or hereafter existing, absolute or contingent, the Borrower pledges and grants unto Lender a security interest in the following property (which shall be referred to collectively as the "Collateral"):

A. The proceeds of the borrower's claim for injury against: et al. v. National Football League and NFL Properties, LLC, successor-in-interest to NRL Properties, Inc or other

potentially responsible party's arising out of the incident occurring on or about date unknown including all insurance proceeds due thereunder sufficient to cover all amounts due and owing under this Agreement upon those proceeds being identifiable and ascertainable.

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6. Assignment of Proceeds. As security for the payment of the Loan, and of any and all other debts, obligations or liabilities of the Bonower to the Lender, whether direct or indirect, now or hereafter existing, absolute or contingent, the Bonower irrevocably assigns a portion of the proceeds of the Claim and directs and authorizes his or her attorney(s) to pay to the order of the Lender immediately, upon receipt by the Attorney(s) or the Borrower of the proceeds of the Claim, all amounts due and owing under this Agreement (in each case limited to the total amount then due and owing under the Loan). To evidence receipt of the direction and authorization described in this paragraph, the Borrower shall cause his or her current and subsequent attorney(s) to execute the Acknowledgment of Assignment of Proceeds form attached hereto as Exhibit A.

7. Representations and Warranties. The Borrower represents and warrants that:

A. Ownership of The Claim. The Borrower is the lawful owner of the Claim and any other Collateral listed.

B. No Other Loans. The Borrower has not borrowed upon, pledged or assigned any interest in the Proceeds of the Claim, or any other Collateral used to secure this loan, to any other person or entity, other than the loan(s) with Peachtree that are being paid off from part of the proceeds from this transaction, andshall keep the Proceeds of the Claim and any other Collateral free of all liens, other than any liens in favor of the Borrower's attorney, and any liens in favor of medical providers who treated the Borrower for the injury or condition which is the subject of the underlying Claim.

C. Status of Claim. Upon request by the Lender, Bonower shall report promptly to the lender the status of his or her claim I collateral, including the non-privileged portions of his or her ca,e file, current attorney information and whether borrower has received any recovery, funds or settlement from the collateral. Bonower will also direct their attorney to provide said statuses as well.

D. Other Documents. The Bonower shall promptly upon request by the Lender execute such other documents as may be necessaiy or advisable in the Lender's opinion to give effect to this Agreement.

E. No Reduction in Amount Owed. Borrower hereby waives any rights or claims he/she may have to a reduction in the amount owed under this agreement including any rights he/she may have under the common fund doctrine.

F. Credit Report. Borrower consents to Lender running Borrower's credit report prior to and after the execution of this agreement, including up to the date of final payment of al l sums due and owing hereunder.

G. No Assigment. The Borrower shall not assign, dispose of, pledge, or borrow upon the proceeds of the claim or any other collateral used to secure this loan, except with the Lender's prior written consent.

8. Representations and Warranties of the Lender. The Lender represents and warrants that:

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B. Maintenance or Control. Lender shall not exercise any maintenance or control of the underlying claim, including but not limited to, selection of counsel, right to prosecute, or resolution of the claim.

C. Assignment. Lender is not taking an assignment of the underlying claim or cause of action, but rather is taking an assignment of the proceeds that borrower may be ent itled to and necessary to satisfy the repayment of the loan hereunder.

9. Events of Default. The occurrence or existence of any of the following shall be an event of default (an Event of Default) under this Agreement:

A. The Borrower shall fail to pay to the Lender as and when due all principal and interest due under the Loan, and any and all other debts, obligations or liabilities of the Borrower owed to the Lender, whether direct or indirect, now or hereafter existing, absolute or contingent, including without limitation the Borrower's obligations to the Lender arising under any Prior Agreement(s) with Lender.

B. Any representation or warranty, or other statement contained in this Agreement or Bonower's loan application shall be false or misleading in any respect.

C. The underlying claim(s) as enumerated in the Collateral shall be dismissed.

D . The Borrowers current or subsequent attorney fails to execute and return to Lender in original signat ure the "Acknowledgement of Assigrunent of Proceeds of Claim" [ a copy of which is attached hereto as Exhibit AJ,

E. The Borrower shall file a voluntmy petition under the United States Bankruptcy Code, or shall enter into an assignment for the benefit of creditors or any other voluntary insolvency procedures, or an involuntary petition under the United States Bankruptcy Code shall be filed against the Borrower or a receiver shall be appointed for the Borrower or for any of his or her property.

F. A judgment in excess of $5,000 .00 shall be entered against the Borrower in any other matter.

G. The Lender shall dete1mine, in the reasonable exercise of its discretion, that the value of - tneCfaim of any-Collateral (if any) is insufficienror impaired in any materiatrespect:

10. Remedies Upon Default.

A. Immediately upon the occurrence of an Event of Default, the Lender may, without notice to the Borrower, declare all of the Borrower's obligations to the Lender under this Agreement [ and under any Prior Agreement(s ), if any] to be immediately due and payable.

B. Lender shall have, in addition to all of its other rights and remedies under this Agreement, all the rights and remedies of a secured party under the Uniform Commercial

5


Code including, without limitation, the right to sell, lease or otherwise dispose of any or all of the Collateral, if any, to the extent allowed by law.

C. No act, delay in acting or omission to act by the Lender, or course of dealing between the Borrower and the Lender, shall constitute or be deemed to constitute a waiver of any of the Lender's rights and remedies under this Agreement.

1 1. Payment of Costs and Disbursements After Event of Default. The Borrower shall pay to the Lender, immediately upon demand, all costs and disbursements, including attorneys' fees incurred in any legal proceedings to collect on the Loan, or to realize on any security given for the Loan, after the occurrence of an Event of Default.

12. Document Preparation Fee: The Borrower shall pay to the Lender the following Document Preparation Fee. This Fee shall NOT be deducted from the loan proceeds, nor shall it accumulate interest within this loan. Borrower understands and agrees that this fee is a separate and unique charge from any interest calculation. This fee shall be added to the final pay-off statement to borrower at the time of payment or refinancing into a new loan.

Document Preparation Fee shall be zero dollars ($0.00).

13. Late Charge. If the Borrower shall fail to make any payment on the Loan as and when due, and such failure shall continue for a period of not less than 15 days, the Borrower shall pay to the Lender, in addition to all other amounts due and owing under this Agreement, an amount equal to 5% of the amount of the delinquent payment on the Loan, whichever is less.

14. NSF Check Charge. The Borrower shall pay to the Lender, in addition to all other amounts due and owing under this Agreement, the amount of $20.00, plus any actual expenses incuned by the Lender in connection with any check or draft that is not honored because of insufficient or uncollected funds or because no such account exists.

15. Manner of Payment. All payments of principal and interest due under the Loan shall be payable in lawful money of the United States of America at the offices of the Lender, at the address given in section 19 of this Agreement, or at such other place as the holder of this Agreement may designate in writing to the Borrower. If any payment shall become due on a Saturday, Sunday or business holiday, such payment shall be made on the next succeeding business day and such extension shall be included in computing any interest in respect of such payment.

1 6. Restrictions on Interest Rate. If, at any time, the applicable interest rate is deemed by any competent court, agency, or board to exceed the maximum rate of interest permitted by any applicable J aw, then, for such time as the applicable interest rate would be deemed excessive, this Agreement shall bear interest at the maximum rate of interest permissible under such applicable Jaw, but thereafter, the former applicable interest rate shall be reinstated.

1 7. Rights of Assignee. This Agreement may be assigned or sold by Lender at any time without notice to the Borrower. The holder of this Agreement is entitled to all of the benefits of and the Collateral (i f any) pledged as security for payment of the Loan, and any and all other debts, obligations or liabilities of the Borrower to the Lender.

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18 . Waiver of Notice. The Bonower waives demand, presentment, protest, notice of dishonor or default, notice of acceleration or intent to accelerate, and any other notice or demand of whatsoever kind or nature in connection with this Agreement.

19. Addresses for Payments, Notices. All payments on the Loan, and all notices required or permitted to be given by the Borrower to the Lender shall be given to:

Preferred Capital Funding - Nevada, LLC 368 W. Huron, Suite 4S Chicago, IL 60654

A l l notices required or permitted to be given by the Lender to the Bon-ower shall be given to:

C . .... , CA 943 12

20. Choice of Law. This Agreement has been made in and shall be construed in accordance with and governed by the internal laws of the State of Nevada.

21 . Consent to Service of Process, Venue. TO THE EXTENT THAT NEITHER PARTY ELECTS ARBITRATION PURSUANT TO SECTION 23 BELOW, THE UNDERSIGNED HEREBY AGREES THAT-ALL ACTIONS BETWEEN THE PARTIES WILL ONLY BE FILED AND HEARD AT A FEDERAL, STATE OR LOCAL COURT LOCATED WITHIN DUPAGE COUNTY, ILLINOIS AND WAIVES PERSONAL SERVICE OF ANY AND ALL PROCESS HEREUNDER, AND AGREES AND CONSENTS THAT ALL SUCH SERVICE OF PROCESS MAY BE MADE UPON THEIR ATTORNEY HEREIN OR, BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, ADDRESSED THERETO AT THE ADDRESS LISTED IN SECTION 19, ABOVE, AND SUCH PROCESS SHALL BE DEEMED TO HA VE BEEN GIVEN FIVE (5) DAYS AFTER THE SAME SHALL HA VE BEEN SO MAILED.

22. Severability. Should any provision of this agreement be found to be void or unenforceable for any reason, a l l parties agree that all remaining provisions of this Agreement will remain in full force and effect.

23. DISPUTE RESOLUTION BY BINDING ARBITRATION

· PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

This Agreement provides that you give up your right to participate in a trial by jury or to participate in a class action.

This Agreement also provides that you or Lender may e lect to resolve any dispute by binding arbitration.

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- - ______ !


In arbitration, you give up your right to go to court to asse1t or defend your rights. Your rights will be detennined by a neutral arbitrator and not a judge or jury.

In arbitration, you are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Among other things, your right to conduct discovery or to

appeal may be limited or unavailable i n arbitration.

Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.

24. Claims Covered. This agreement ("Arbitration Provision") is intended to be broadly interpreted. It is intended to cover all claims, controversies and disputes between you and Lender, including but not limited to:

.. all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

.. all claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);

.. all claims that are currently the subject of purpo1ted class action litigation in which you are not a member of a certified class; and

• all claims that may arise after the termination of this Agreement.

25. Lawsuits; Waiver of Jury Trials and Class Actions. You or Lender may bring an individual action in court for any claim or dispute that is withi n the scope of that court's jurisdiction, including the collection of unpaid sums by you or your attorney. HOWEVER, YOU AND LENDER AGREE THAT, BY ENTERING INTO TIDS AGREEMENT, YOU AND LENDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

26. Electing Arbitration. Within 60 days after being served with process, a defendant in a lawsui t may elect to arbitrate the dispute by making a motion or request in court to compel arbitration of any claim brought as part of the lawsuit. However, Lender will not elect arbitration of any claim brought in a small claims couit ( or the equivalent), so long as the claim remains in that court, is made solely on behalf of an individual or joint account holder, and is not made as part of a class action, private attorney general action, or other representative or collection action. In addition, Lender will not elect arbitration of any claim you have asserted in any lawsuit against Lender on or prior to January 31 , 2002.

27. Initiating Arbitration. As an alternative to filing suit in court, you or Lender may initiate an arbitration in accordance with the terms of this Section. A party who intends to initiate arbitration pursuant to this Section musf firstsend to the other-party, by certified mai{a written Notice of DIS_pute (''Notice''). The Notice 1:0 Lender must be addressed to : Preferred Capital Funding, 368 W. Huron, Suite 4S, Chicago, Illinois 60654 ("Notice Address"). The Notice to you shall be mailed to your last known billing address. The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought ("Demand").

If you and Lender do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Lender may initiate an arbitration proceeding. During the arbitration, the amount of any settlement offers made by you or Lender shall not be disclosed to the arbitrator until after the arbitrator detennines the amount, if any, to which you or Lender is entitled.

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You and Lender agree to follow the AAA Rules (as defined below) to initiate arbitration. If you initiate arbitration, you must mail to Lender any notice required by AAA to the Notice Address provided above. If Lender initiates arbitration, Lender will mail to you any notice required by AAA to your last known billing address.

28. Costs of Arbitration. Except as otherwise provided for herein, if you seek damages of $75,000 or less, Lender will pay all AAA filing, administration and arbitrator fees for any arbitration brought in accordance with the terms of this Arbitration Provision. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose ( as measured by the standards set forth in Federal Rule of Civil Procedure 1 1 (b )), then the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. In such case, you agree to reimburse Lender for all monies previously disbursed by Lender that are otherwise your obligation to pay under the AAA Rules. In addition, if you seek more than $75,000 in damages, the payment of all fees will be governed by the AAA Rules.

29. Limited Rights in Arbitration. In arbitration, rights that you and Lender may have had if the claim had been resolved in court, including the right to conduct discovery or to appeal, may be limited or unavailable.

30. Arbitra tion Ru]es and Procedures. All arbitrations will be administered by the American Arbitration Association ("AAA"). The arbitration will be governed by the AAA's Commercial Arbitration Rules, Consumer Due Process Protocol, and Consumer Debt Collection Due Process Protocol (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available: (a) online at www.adr .org; (b) by calling the AAA at 1-800-778-7879; and ( c) by writing to the AAA at American Arbitration Association, 1 633 Broadway, 10th Floor, New York, NY 100 19. The arbitrator is bound by the terms of this Agreement.

Unless you and Lender agree otherwise, any arbitration hearings will take place in the county ( or parish) of your billing address. If your claim is for $ 10,000 or less, the parties agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator , through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $ 10,000, the right to a hearing will be determined by the AAA Rules.

31 . Available Re]ief and Remedies. The arbitrator may award any fonn of individual relief - including statutory and punitive damages, injunctions, and attorneys' fees - that a court of competent jurisdiction could award under applicable law.

32. AJternate Payment; Attorney Premium. If you initiate arbitration and the arbitrator both finds in your favor on the merits of your claim and issues you an award that is greater than the value of Lender's last written settlement offer made before an arbitrator was selected, then Lender will:

" pay you the amount of the award or $ 10,000, whichever is greater ("the alternative payment"); and .. pay your attorney, if any, twice the amount of your reasonable attorneys' fees, and reimburse any

expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").

If Lender did not make a written offer to settle the dispute before you initiated arbitration, you and your attorney will be entitled to receive the alternative payment and the attorney premium if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the preceding and upon request from either party made within 14 days of the arbitrator' s ruling on the merits.

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The alternative payment and the attorney premium are available only if you initiate arbitration in accordance with the terms of Section 27.

33. Attorneys' Fees. The right to attorneys' fees and expenses discussed in Section 32 supplements any right to attorneys' fees and expenses you may have under applicable law. If you would be entitled to a larger amount under the applicable J aw, the provisions in Section 32 do not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs.

34. Judgment, Enforcement, Finality, and Appeal. Regardless of the manner in which the arbitration is commenced and conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's decision will be final and binding after fifteen days unless you or Lender seek an appeal of the award by making a written request to AAA. The appeal panel, which will consist of three arbitrators, will consider all factual and legal issues anew, will conduct the appeal in the same manner as the initial arbitrator, and will make decisions based on the vote of the majority. The panel' s decision will be final and binding. An award in arbitration will be enforceable by any court having jurisdiction.

35. Waiver, Survival, and Severability. If you or Lender do not elect or initiate arbitration or otherwise enforce this Arbitration Provision in com1ection with any particular claim, you or Lender will not waive any rights to require arbitration in connection with that or any other claim. This Arbitration Provision shall survive: (a) suspension, tennination, revocation, closure, or changes of this Agreement, your account, and your relationship with Lender; (b) the bankruptcy or insolvency of any party; and ( c) any transfer of your account, or any amounts owed on your account, to any person or entity. Except as provided in the last sentence of Section 36, if any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining p01iions of this Arbitration Provision shall nonetheless remain valid and in force. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision shall govern.

36. No Class Actions, Representative Proceedings, Consolidation, or ,Joinder of Parties. The arbitrator may award inj unctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party 's individual claim. YOU AND LENDER AGREE NOT TO FILE, JOIN OR OTHERWISE PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST THE OTHER PARTY. YOU AND LENDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Lender agree otherwise, the arbitrator may not consolidate more

- than one-person's claims, antl may not otherwise preside-over any form of a-representative or class proceeding� If ··· · any provision of this Section is found to be unenforceable, then the entirety of this Arbitration Provision shall be null and void.

37. Opting Out of Arbitration Provision. Notwithstanding any provision in this Agreement to the contrary, if you do not wish to be bound by this Arbitration Provision, you must notify Lender within 30 days of the date you sign this Agreement by sending written notification to Lender at the Notice Address provided above. Your written notification must include your name and billing address, as well as a clear statement that you do not wish to resolve disputes with Lender through arbitration. Your decision to opt out of the Arbitration Provision will have no adverse effect on your relationship with Lender. If Lender makes any future change to this Arbitration Provision ( other than a change to the Notice Address) during the term ohhis Agreement, you may reject any such

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change by sending Lender written notification, within 30 days of receiving the change, to lhe Notice Address provided above. If you do not opt out of the Arbitration Provision within 30 days of signing this Agreement, by rejecting any future change to this Arbitration Provision, you agree that you will arbitrate any dispute between us in accordance with this Arbitration Provision.

38. Federal Arbitration Act. To the extent that this Agreement involves a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Provision.

39. Captions. The captions of this Arbitration Provision are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this Arbitration Provision or any of the tenns hereof.

40. Acknowledgement. You acknowledge that t his Arbitration Provision is the foundation of the lending relationship and that no funds would have been loaned if you had not agreed to these terms.

4 1 . Refinancing Option. Bonower understands that Lender is under no obligation to refinance or provide additional loans after this one. Bonower also understands that if borrower chooses to take a subsequent I additional loan from lender, that lender may choose to refinance all of borrower's previous outstanding loans with lender, if any, into the new loan. Borrower understands that this refinancing of the old loans into the new loans does create a "compounding effect" because of the old loans interest becomes part of the principal in the new loan.

42. Electronic Signature. I have agreed to accept the option of using an electronic signature in the execution of this document and any subsequent document(s) relating to this specific transaction. I also maintain the option to place my signature upon the paper version of this document as my original signature.

This Promissory Note has been executed in the State of Nevada on May 27, 2016.

-. -· .. (May 27, 2016)

BORROWER: Name: Address:

California 94312 Telephone: S-ocial 'Security #:- XXX'-XX �8199

1 1


EXHIBIT A

ACKNOWLEDGMENT OF ASSIGNMENT OF PROCEEDS

I, Bobby Saadian of Wilshire Law Firm, PC, attorney for , : in which the Borrower is entitled to receive proceeds from the claim(s) I lawsuit(s) listed on the attached promissory note and arising out of an incident occuning on or about date unknown and against r - -

_ · · · , et al . v. National Football League and NFL Properties, LLC, successor-in-interest to NRL Prope1ties, Inc and/or other potential,ly responsible parties (the claim I lawsuit), hereby acknowledge and agree to abide by this Assigmn�nt of Proceeds to pay to the below Lender, as per their final pay-off statement, and upon the disbursement of any proceeds of the case and after deduction of attorney 's fees and costs, all amounts due and owing under the Promissory Note under loan number, #2850416A, attached hereto and any additional notes owed to Lender. I shall make payable and mail a check to Preferred Capital Funding - Nevada, LLC at 211 N. Buffalo Dr., Ste. C , Las Vegas, NV 89145, out of borrower's portion of the proceeds of his/her claim. I further represent that to the best of my knowledge that the borrower has not taken any other loans or advances on this claim from any party other than Preferred Capital Funding - Nevada, LLC., and loan(s) with Peachtree that are being paid off with part of the proceeds from this transaction.

Dated: --------Wilshire Law Firm, PC

By:

Mr. Bobby Saadian

·,

I


CREDITOR'S TRUTH-IN-LENDIOODJSCLOSURES TO CONSUMERS (FEDERAL DISCLOSURE BOX) ANNUAL PERCENTAGE FINANCE CHARGE AMOUNT FINANCED TOTAL PAYMENTS RATE The cost of my credit as a yearly Rate. 39.95%

The dollar amount the credit will cost me.

E 109,862.50

*THE ANNUAL PERCENTAGE RATE disclosed above:

Gl is a fixed rate for the life ofmy loan.

The amount of credit provided to me or on my behalf.

$275,000.00

The amount I will have paid after I have made all payments as scheduled. $384,862.50

D may change. The interest rate in my variable interest rate demand loan will change (increase or decrease) if the Prime Rate of The Federal Reserve Bank posted by it from time to time ("Prime Rate") changes (either up or down) at any time during the term ofmy loan. This loan will be subject to an interest rate equal to _ _ percentage points above this Prime Rate, which presently is __ %. Any change in the Prime Rate will result in an increase or decrease in the total amount due at maturity. However, in spite of these provisions, I understand that the interest rate on my loan in any event will not fall below _ _ % or exceed __ % during the life ofmy loan. My payment schedule will be:

Number of Amount of Payment When Payments are Due Payments

1 $ 384,862.50 05/27/2017 O monthly D quarterly D semi-annually � aimually beginning 05/27/2017

� If checked here, my loan is payable on demand and all disclosures are based upon an assumed maturity of one year. Security: I am giving a security interest in;

D The goods or property being purchased.

D Type(s) of other property: D Motor Vehicles D Mobile D Homes Recreational D Vehicles D Boats

D Securities D Deposit Accounts D Certificates of Deposit D Life Insurance Policies

D(Other Type(s) - SPECIFY)

Collateral securing other loans with you may also secure this loan, 2850416A.

Filing Fees: $ _____ _ Non-Filing Insurance $ _ _____ _

Late Charge: If a payment is more than 10 days late I will be charged 5% of the late amount.

Prepayment: Ifl pay off early. I will not have to pay a penalty.

I can see my contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties.

E means an estimate ACKNOWLEDGEMENT OF RECEIPT OF DISCLOSURES

We affirm that the above Contract was complete, with all blanks filled-in, before we signed below and that one of us that was a primary Debtor received a copy of it. Witness our Hand(s) and Seal(s), this sealed instrument being signed and delivered on the date first above written. Each of us adopts as his seal the word ("Seal") appearing beside or near his signature below.

WITNESS: Debtor:

" · , (May 27, 2016)

WITNESS : uebtor: SBL-218·B (12-09) ORIGIN AL

' -(May 27, 2016)

----- - - ---- - - ---- -


New Loan Checklist (use for existing and new borrowers)

Borrower Name: Note #:

· - J 285041 6A

Enclosed Verified

when sent when received

Leaal Documentation: PLEASE CHECK

Lien Letter

Promissory Note (signed and dated)

Bank Stamp (last page of Note)

Truth In Lending Disclosure (signed and dated)

Attorney Acknowledgement (signed and notarized)

Suooortina Documentation: PLEASE CHECK

Driver's License

Portal Summary with Approval

other Supporting Documents (i.e. medical records, police report, etc.)

Exceptions to Legal Documentation: (explain)*

---- - -------- - -- - · --- ---

Signature:

- -- - - - -- -- -- - - -- - --- -----

*Exceptions to documentation process to include the following:

- -- - ----- -- - - -- -- - -

What exception exists? (i.e. attorney didn't sign the acknowledgement)

---

Mitigant to the exception (i.e. well known attorney, worked with this firm on several cases and have always paid us out of insurance proceeds).

'W � . -· . .. . --. 2016)

Email : [email protected]

[ I_

1I I

i_

. ----


EXHIBIT B


PURCHASE AND SALE AGREEM ENT

TH IS P U RCHASE AND SALE AGREEMENT (hereinafter referred to as the "Agreement") is entered into 03/3 1 /20 1 6 by and between : · - · · , SSN , who resides at

!, TX 76087, his/her agents, su�cessors-in-interest, heirs, executors, representatives, successors and assigns (hereinafter referred to collectively as "Seller") and Javl in Nine LLC, its representatives, successors and assigns (hereinafter referred to as "Purchaser"), a Delaware limited liability company with offices at 1 4 1 4 Harney Street, Suite 440 Omaha NE 68 1 02

SCHEDULE "A" Disclosure Statement

I . Total Amount to be advanced to Seller (the "Purchase P rice") 2. I temized Fees:

Processing Origination Other (

3 . Net Amount to Seller

4. Monthly Fee 5 . Annualized Percentage Fee

$58,000.00

$500.00 $7, 500.00

$0.00 $50,000.00

NIA

NIA

6. Total amount to be repaid by Seller to Javlin Nine LLC (the "Purchaser's Share"):

7. Mi11imun1 Requi red Payment Amount

$ 1 1 0,200.00

$ 1 I O,'.W0.00

GEN ERAL TERMS

I . By entering into this Agreement, Seller hereby unconditionally and irrevocably grants, assigns, transfers, and conveys all or a po1tion of the Seller's portion of the Proceeds recovered with respect to the following claim to recover monetary damages: . · v. NATIONAL FOOTBALL LEAGUE, INC., NFL PROPERTIES, LLC ET AL and/or ANY RELATED ACTIONS (hereinafte!' the "Claim"), i ncluding any and all claims related i n any way to the Claim . The total recovery from the Claim is referred to as the "Prnceeds", The Seller's portion of 1he Proceeds from the Claim, after payment of attorney's fees and costs and recognized senior l iens specifically related to the Claim, is referred to as the "Net Proceeds".

2. Seller understands that by entering into this Ag1·eement, Seller is selling to Pmchaser a portion of the potential Proceeds of the Claim, and that this is a non-reco urse sale of contingent proceeds and NOT a loan.

3. By entering into th is Agreement, Seller grnnts Javli11 N ine LLC a l ien and security interest in the Proceeds of the Claim and assigns the Net Proceeds of such Cla im to Javlin N i ne LLC

4 . Seller i s represented in the Claim by Sol H . Weiss, Esq. on behalf of Anapol Weiss, whose address i s 1 30 N 1 8th St ft. I 600, Ph i ladelphia, PA (hereinafter referred to as "Attorney");

Page I of 1 1 Seller' s Init ials: CU/3 1 /20 1 6

)


I. FUNDING AN D REPAYM ENT TERMS

5 . Purchaser shal l pay the sum of $58,000,00 (the "Purchase Price") t o Sel ler. Seller understands, agrees and d irects that the fol lowing amounts sha l l be w i thheld and d isbursed from the Purchase Price on the Seller's beha lf, as fol lows : a . Net Amount: Purchaser shall d isburse to Sel h.�1· the net amount of $50,000.00 per the Se! !er

Funding Instructions, b. Origina tion Fee: $7,500.00 shal l be disbursed on beha lf of Sel ler, to the agent of Sel l er, Pre

Sett lement Funding, for services rendered to Sel ler i n connect ion with this transaction, and

c. PJ'ocessing Fee: $500.00 sha l l be disbursed to J avl i n Nine LLC for administrat ion and underwri t ing services in connection with this transact ion .

6. The Sel ler i rrevocably d irects h is/her Attomey to pay Purchase1· the Purchaser's Share prior to Sel ler receiving any payment from the Proceeds and/or Net Proceeds in accordance with this Agreement. n . I n Ille event o f a recovery from the Claim, Purchaser's Share shal l b e paid to Purchaser within

seven (7) days of the receipt of the Proceeds by Sel ler's Attorney .

b . I f Proceeds are received in a l ump sum or mult ip le payments, Purchaser's right lo 1·eceive ful l pa)1ment of its Share shal l be in priority and senior to Sel ler's right to receive any portion of the Proceeds.

c. I f the Proceeds are insufficient to pay Purchaser's Share, then Purchaser's Share w i l l be l imited to the Net Proceeds.

d . I f Sel ler recovers no money from the Claim, Sel ler owes nothi ng to Purchaser. 7. Sel l er ma)' repurchase Purchase1·'s Share of the Proceeds at any t ime for an amolmt in cash equal to

the Purchaser's Share shown on Schedule "A". 8 . No Champerty: The parties to this Agreement acknowledge (i) the Purchaser is in no way ncquir ing

the Sel ler's r ight to sue, (ii) the Purchase Price received by Sel le1· from Purchaser wil l be used for immediate economic and personal necessities 01· other purposes that Sel ler deems imporlant, ( i i i) the Sel ler or other class representative has al ready made the claim and/o1· slarted the l awsu i t, ( iv) Sel ler nnd Purchaser acknowledge Purchnser wil l in no way be i nvolved in or influence the decisions Sel ler and/or the A ttorney make in connection with the Claim and that the right to make those decisions remai ns solely with Sel ler and Sel ler's A ttorney.

9 . Sel ler i s not presently, nor intends to be, a parly to any action or proceeding for rel ief under any federal 01· state bankruptcy or insolvency law or appointment of a trustee or receiver for all or any portion of Sel ler's assets. In the event Sel ler commences or has commenced against i t, any cnse, 01· other proceed ing, pursuant to any bankruptcy, insolvency or s im i lm law prior to ful l payment of Purchoser's Share, Sel ler sha l l cause Pmchaser's S hare to be categol'ized as an asset of Purchaser and not of Sel ler. Tn no event shall Sel ler permit Purchaser's Share to be described as a debt obligation of Sel ler i n any such proceeding, except as may be required by l aw.

I I , SELLER'S AFFIRMATIONS AND DUTfES

I 0 . Sel ler hereby rnvokes any prior rights and rel i nquishes any further rights to sel l , assign, pledge or transfer any rights i n P roceeds of the Claim other than to Purchaser.

I l . Sc l lc l' acknowledges that Selle!' may not sol icit m· accept fu nding 01· ndvances against the Cln lm from nny othel' source 01• funding company unless nnd until Javl i n Nine LLC is first pa id i n fu l l .

1 2. Seller hereby represents and warrants that: a. Seller is (i) of legal age;(i l) menta l ly competent; and ( i i i) of sound m ind,

Page 2 of 1 1 Seller' s I nitials O'.ll:1 I /20 1 6


b. Sel ler has been adv ised by Purchaser to discuss this matter and to review this Agreement with nn a l lorney prior to signing Ib is Agreement and that Sel ler has ei ther received such counsel or expressly waived i t ,

c . Sel ler has not made any fn lse representations, fraud!:\'°l�.decept ions nor failed lo disclose the terms of this Agreement from any ci'editor,

cl. Seller is not i ndebted to any present or former spouse, or parent of Sel ler 's chi ld(ren), and is not in viola t ion of any chi ld care, al imony or support obl igations,

c. Seller has never been convicted of a felony or any crime invo lving d ishonesty, f. Seller's i njuries which gave rise to the C la im were solely as a result of !he incident giving rise to

the Cla im and Seller knows of no other prior or subsequent injury, med ical history, medical treatment or condi t ion which would reduce !he amounts of Proceeds.

g. Seller shall not cause a termination , cancel l at ion or acceleration or any contract or agreemen ! by which Sel ler or Sel ler's assets are or may be affected,

h . Seller shall not give any party other than Purchaser and A ttorney the right to crea!e any l ien, charge, securi ty in tet'est or encumbrance in the Cla im and/or P roceeds,

i . Seller shall not grant a presen t 01· fu tul'e right t o any other party t o make a c la im against Selle!' o r Seller's nsscts, the Cla im and/ol' the P roceeds.

j . Seller hereby waives any defense to paymen t of sums due and promises not to seek to avoid payment of any money due to Purchaser unde1· this Agreemen t.

k . Seller shal l not to do anything that would/could violate any terms of Agreemen t. 1 3 . Sel le1· has no notice OI' knowledge of any l iens placed upon the C laim OI' Proceeds except as disclosed

in Exhibi t "8 11 Schedule of P rior Liens, attached hereto. Sel ler promises not to create or permit any l iens against Proceeds except those that may be necessary to the prnsecut ion of C laim and/or any necessary medical expenses, treatmen ts, and related equipment after elate of this Agreement.

1 4 . Selle 1· has a cont inuing duty to : a . Deliver or cause to be del ivered any and a l l notices, instructions or commun ications regarding the

Cl a im 0 1· this Agreemen t, to the Purchaser, b. Coopernte wi th Pu rchaser regarding a l l matters described in this Agreement, c. Not i fy the Purchaser of any verdict, award, settlemen t, d iscont inuance or termination regarding

the Cla im, d . Immediately notify Purchaser o f commencement of any lawsuit or proceeding which may affect

Purchaser's r ights and provide Purchaser with copies of a l l notices and other writ ings related lo such proceed ing,

e, Vigorously pursue the C la im and in no event withdrnw, d iscon tinue or end the Cla im prior lo any verdict, award 0 1· settlement,

J·� Execute and delivel' to Purchaser at Seller's sole expense any and all documentation reasonably requested by Purchase!' that could assist Purchaser in enforcing its rights described in this Agreemen t.

1 5. Sel l et· has prov ided Purchaser with an executed (i) Irrevocable Payment A uthorizat ion And Lette1· Of Instruct ion, (i i) A ffidav i t of Witness, and (ii i) Attorney Acknowledgement and Agreement . n . If Sel ler terminates A ttorney and/or retains a new Attorney with respect lo the C la im, Sel ler sha l l

immediately notify Purchaser in writing and include the name, address, and telephone number of the new nttorney(s) of record. Sel ler shft l l immediately notify new attorney(s) of this Agreement. Within thirty (30) days of retaining such attorneys Sel ler shall cause new attorneys to execute a new Attorney Acknowledgement.

b. l f Seller fails lo obtain a new Attorney Acknowledgement , Purchaser shall hnve the right to main tain and enforce its rights under the Agreement.

c. In the even t that the Sel ler and/or their A ttorney fa i l to provide updates and/or information regarding the Cla im to Purchaser, Purchaser shall be ent i t led to notify the Defendan t ' s A ttorney

(13.'.l l /20 1 6

and/or Insurance Company fl bout Purchaser's interest in the Proceeds from the Ckiim . --Pnge 3 of 1 1 Seller's In i tials: :

' .

I


1 6 . Sel ler ngrees lo indemnify Purchnser for ,my and a l l claims, losses, l iabi l i ( ies, obl igations, damages, penal l ies, j uclgmenls, sui!s, causes of ac! ion, and related costs and expenses or any nature ( includ i ng attorney 's fees) su ffered by Purchaser, by reason of any misrepresentalion, breach of w::irranty, or rai l ure lo perform any covenant by Sel ler or Attorney conlr dned herein 01· any document, instrument or olher i lein de l i vered to Purchaser in connection wi th this Agreement.

1 7 . This Agreemenl has been properly executed by the Sel ler and represents the Sel l er 's legal , v.i l i cl and bind ing obl igation, enforceable in accordance w i th its terms and inures to the benefit of !he purlies hereto and their respective successors-in-interest, heirs, executors, representatives, successors and ass igns.

I I I . M ISCELLANEOUS

1 8 . Purchaser and ::iny party to whom Purchaser assigns this Agreement may assign its l'ight, tit le, and interest in and to this Agreement and Purchaser's Share of Proceeds w ithout Se l ler's approval . Furthermore: a. I f Purchaser assigns its rights to a th ird party, Purchaser shal l not be responsible lo Sel ler and

Sel ler may look solely to such thi rd party for performance of this Agreement. b. Upon request of Purchaser or assignee of Purchaser, Sel ler sha l l execule and de! iver any such

documents as either party reasonably requires for pe1formance of this Agreement. 1 9 . In no event shal l Sel ler be permitted to assign its rights in this Agreement. '.W . All payments notices or communications sha l l be sent to address set forth below (01· at such other

aclcl t·esses and/or manner as may be pi'ovided hereunder): a . Sel l er: . . . .,', ., I, TX 76087 b. Purchaser: Javl i n N ine LLC, 1 4 1 4 Harney Street, Suite 440 01rn1ha NE 68 1 02; fax Number (2 1 2)

608-6964; Telephone Number (2 1 2) 608-7372 c. Sel ler w i l l notify Purchaser of address change in writ ing, stating Sel ler's new address and

telephone number wi th in three (3) days by cert ified ma i l , retum receipl requested. 2 1 . This Agreement, the I rrevocable Payment Authorization and Letter of Instruction, A ffiduvil of

Wi tness, and Attorney Acknow ledgement constitute the entire agreement between parties and there are no representations, warranties, covenants or obl igations except as set forth herein . This Agreement supersedes a l l prior and contemporaneous agreements, understandings, negotiations and d iscussions, wrillen or oral between the parties hereto relating to any transaction contemplated by th is Agreement. I n the event Sel ler has received prior funding from Purchaser, th is Agreement does nol supersede the amounts due pursuant to any prior funding agreement between Sel ler and Purchaser, unless specifical ly set fo1ih herein, and the terms and payoff schedu le of such prior agreement are incorpornted herein. This Agreement may be executed in separate counterparts. A signature transmitted by fax sha l l be effective w i th the same force and effect as the original signature.

22. I n no event sha l l the fee agreement between Sel le 1· and the Attorney be changed i n any way that could reduce the amount of tbe Proceeds payable to Purchaser under this Agreement.

23 . If Sel ler has made a material misstatement, or committed a fraudulent or crim inal act either in connection with this trnnsaction 01· i n a matter that would adversely and s ign ificantly impact the Claim, Pmchnser has the right to 11le for a Declaratory J udgment to determine whether such statement or act was fraudulent. In the event that a court and/or arbitrator determines that Purchaser was fraudulently induced into entering i nto this Agreement, Purchaser shal l be entitled to recover the amount of the Purchase Price, p lus legal interest rate from the d ate of this Agreement, p lus at torneys' foes and costs.

IV. ENFORCEM ENT OF THE AGREEMENT

24. The laws of the S late of New York, w ithout regard to its confl ict of l aws rules, control the val id i ty, interpretation and enforceabi l ity of this Agreement. lf any provisions of this Agreement shal l b�

OYI 1 /20 1 6 Page 4 of 1 1 Sel ler's I nil in ls : '...,

--


dcc lrired unenforceable, void or inva l id by a co urt or competent j ur i sd ic t ion, s uch void or inva l id prov is ions shal l not in any way impa i r the whole Agreement, the renrn in ing prov isions shal l remain in f'u l l J'orce and effect . If n Court/ Arbi trator determines this Agreement const i tutes a loan, Sel l er shal l priy to P urchaser the amo unt of the P urchase Price plus !he highest legal interest rnle purs unnt to New York Law.

25 . P in i nt iffs who arc Non-New York res idents: Any controversy or c la im arising o ut of or relat ing lo this Agreement, incl uding wi tho ut l imi tation the interpretation, vn l id ity, enforceabi l i ty or breach thereof, sha l l be settled by final , b ind i ng arbi t rat ion ndmin istered by the Americnn Arbitru1ion f\ ssocial ion (AAA) in accordance with Commercin l Arbitration R u les, The arbitrator sha l l be selected i i i nccorclance with the R ules and Reg ulat ions of the AAA. The place of arbitration sha l l be New York, NY. The arbi trator shal l award to t he preva i l ing pnrty, if any, "costs find fees" flssoc iflled with the 1\ rbi(rntion. The flward slrn l l be i n writ ing, s igned by the nrbitrator, and sha l l inc l ude u statement regard ing !he reasons for disposition of any c l a im. I n the even( that P urchaser is req u i red to fi le a Complain! lo Compel arbitration, Sel ler, its assigns, s uccessors, and/or ngenls, rind P urchaser, and its assigns, s uccessors and/or ngcnts, consent to j urisdiction in the Co urts of the State of New York, New York Co unty.

26 . SELLER HEREBY WAIVES THE RIGHT TO CONSOLIDATE, OR HAVE HANDLED AS A CLASS ACT[ON, ANY PROCEEDINGS, CONTROVERSIES, ARB ITRATIONS OR DISPUTES OF ANY NATURE INVOLVING ANY PERSON OR ENTITY Wl--10 I S NOT A PARTY TO THJS AGREEMENT.

27 . Sel ler has been advi sed and understands !hat the cost of entering inlo th i s Agreement is expensive and sho u ld only be done as a last reso1t, that t he P urchaser is taking u s ignificant risk and nrny nmke a substantial profit, and that other sources of fund ing incl uding loans nrny be avai lable to Sel ler at more favorable terms.

28. Sel ler has had fl f u l l find complete opport uni ty to cons ul t with an attorney and/or other adviso1·s before entering into this Agreement. This Agreement and its terms have been f ul ly explained lo Sel ler, and a l l q uest ions that Sel ler might have abo ut this transaction lrnve been fo l ly exphiined in the l ang uage Sel let' understands best.

29. Sel ler may rescind this Agreement with in five (5) b usiness days fol l owing the Sel ler's receipt of f unds from P urchaser, wi tho ut penalty or further obl igation prov ided that Sel ler m us t provide wri t ten not ice of resc ission and ret urn the ful l amount of d isb ursed funds to the P urchaser s im u l lrineo usly with the rescission . Sel ler may accompl ish s uch req u irements by (a) making personal del ivery to Purchflser's offices of P urchnser's un-deposited (or un-cashed) check or (b) mfl i l i ng a notice of cance l l at ion and inc l ude in the mai l i ng a return of the d isb ursed funds in t he form of the P urchflser's check, a registered certified or bank check or money orde1· by ins ured, registered or certified Uni ted States mai l postmarked within five (5) b usiness days of receivi ng f unds from Pmchaser in exact flmo unt of P urchase Price, at the P urchaser's address: 1 4 1 4 Harney Street, S ui te 440 Omaha NE 68 102

30 . This Agreement sha l l be deemed to have been negotiated and drafted by both pflrties of eq ual bargfl in ing posi tion; its prov i s ions shall be interpreted in accordnnce with the plain meaning of the words used and slrnll not be constr ued strictly in favor of, or against, ei ther pflrty. No waiver by Sel ler or P urchaser o f any defa u l t with respect lo any prov is ion, condit ion or 1·eq ui remenl under this Agreement sha l l be deemed to be a waiver of any other prov i s ion, condit ion or req u i rement under this Agreement, nor sha l l any fai l ure, delay, or omission by Sel ler or Purchaser to exercise any r igh t under this Agreement in any manner prevent either Sel ler 01· P urchaser from exercis ing that right at fl later date. In the event of any legal action o r proceeding to interpret 01· enforce this Agreement, the preva i l ing party shal l be entitled to recover i ts reasonflble attorney ' s fees and expenses i ncurred !herein from the other party.

Page 5 of 1 1 Seller's I n it ials:· l)J/3 1 /20 1 6

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IU C I I T TO C A NCELLATION: YOU MAY CANCEL Tl-l IS CONTRACT W ITHOUT PENALTY OH 17lJH.Tli ER OBLIGATION WITH I N FIVE BUSINESS DAYS P'ROM THE DATE YOU lrnCJ EVE FU N DI NG. SEE PARAGRAPH 29 A BOVE. DO NOT S IGN THIS CONTRACT BEFORE YOU READ IT COMPLETELY OR I F IT CONTA I NS ANY B LANK SPACE. BEFORE YOU SIGN THIS CONTRACT YOU S HO ULD OBTA I N THE A DVICE or AN ATTORNEY. YOU ARE ENTITLED TO A COMPLETELY F I LLED IN COPY OF THIS CONTRACT.

IN 'WITNESS WHEREOF, the parties have executed this Agreement. Purchaser .l AVLJN NlNE LLC By : Date: --- -Sel l er: Date: �-' � 1- \ (.,_.,

On this _ day of Marcb, 20 1 6 _ , SSN !, who resides at , . _ _ . _ _ _ _ J, TX 76087, personal ly appeared before me and is known to me to be the person/people

described in and who executed the foregoi ng i nstrument and acknowledged that he/she/they executed the snme as h is/her/their free act and _deed. Notary Publ ic : • r My Commission EJ:ipires: jHv'.t::\{-- .:?. . 1 2&f __ 7'_ .. .. . . . . . . .. - - · County of: _ I_ ·t, · . . ,�)."�· -$=-· . . . . . . ... . . . .. .. . . .. . --.. ____ · - - . . . .. . . .. Sta te of: .,-fJ't(t_ ... . ___ . ...... . . . . . . ----- ' -- - . . . -- -

Page 6 of 1 1 03/J 1 /20 1 6

My CommJHlon ExplreaM1y 3, 201 7

My Commlaelon Expires May 3, 2017

Seller's In i tials: L..Oq'-2::.?,,,,_,,_....-


So l 1-1. Weiss, Esq. /\napol Weiss J JO N 1 8 th S t # 1 600 Ph i ladel phi<1, PA 1 9 1 03

I, TX 76087

03/3 1/20 1 6

Re: I rrevocab le Payment Authorization and Let1er of lnsl ruclion

I RREVOCAl3LE PAYMENT AUTH ORIZATION AND LETTER OF INSTRUCTI ON

I , , hereby acknowledge I am l ega l ly bound by the Purchase and Sale Agreement dated 03/3 1 /20 1 6 by and between myself ("Sel ler") and Javl in Nine LLC ("Purchaser"), the terms and condi tions of which are incorporated herein by reference (the "Agreement"),

I hereby authorize and d i rect you, my attorney, Anapol Weiss, and/or any substituted attorney t·o honor nnd fol low my i rrevocable instructions l isted below:

I . W ith in twenty (20) days of receipt of any prnceeds, and pl'iol ' to any d istribution to me, pay the fu l l nmount due Purchaser per the Agreement;

2 . Timely notify Purchaser in writing upon receip t of the proceeds; 3 . Upon request o f Purchaser, disclose the gross settlement amount and d isbursements from my

Cla im; 4 . Upon request of Purchase1·, provide Purchaser with the status of m y Claim; and 5. I mmediately notify the Purchaser i f there is commencement of any lawsuit 01 · proceed ing which

may aftect the Purchaser's rights.

This Authorization and Agreement is i rrevocable, b inding and may only be amended by the mutual written agreement of Purchaser and myself.

Th is Document is executed and entered I nto as of 03/3 1 /20 1 6 .

Se l ler: Date: �� ".) j ., l (.,._.,

On !his __ duy ofMarch, 2016 . . ... . . ... . . . /, SSN • ., who resides nt , . ." . .. . : . _ _ _ -__ .!, 'l'X 76087, personal ly appeared before me and is known to me to be the person/people described in and who executed the forego ing instrument and acknowledged tlrnt he/she/they exect1ted the same as his/her/thei r free act and deed.

Notary Publ ic: 1 ,1 _ y , ,,,,,. • • -� � \ ' l_;J , ---v"\...J , - - --- -My Commission _?xpires: .{V't

ft-i.. J. ) 2(-) (-) -- .. -- - - - - - - .

County of: State o f':

Page 7 of 1 1 03/J 1 /20 I G

My Commission EKplrn May 3, 201 7

Sel ler 's In i tials:�---,----


ATTORNEY ACKNOWLEDGM ENT AND AGREEM ENT

I , Sol Weiss on beha l f of Anapol Weiss hereby ncknowleclge that I represent ("Sel ler") ns h is/her n ttorney in connection with the Clai tn described in the Purchase and Sale Agreement dated 03n I /20 1 6 by and between · · · ·· · - ··- - .. . :.: ., and Javl i n N ine LLC ("Purchaser"), the terms and rnnd irions of which are incorporated herein by reference ("Agreement").

I acknowledge receipt of the Agreement including the Irrevocab le Payment Authorization and Letler or lnslrncl ion ("Authorization") and Affidnvi t of Witness attached thereto, nnd agree to comply with ! he irrevocable instructions from my Cl ient, provided however thnl nothing contnined slrn l l ob l igate attorneys to take parl i n nny transaction i n violntion of any nppl icab le law.

I acknowledge that my Cl ient has entered into a Purchase and Sale Agreement with J nv l in N ine LLC wherein m>' c l ient uncond itional ly and irrevocabl y grants, assigns, transfers, and conveys a l l or a portion of the Ne! Proceeds recovered with respect to the c la im identified therein (hereinnfter the "Cla im"), including any and a l l c la ims related in nny way to the Claim. I further acknowledge that n! the time my c l ient executed the Purchase and Sale Agreement, he was of sound mind, memory nnd understand ing, and in no respect menta l ly incompetent to enter into a b inding contract.

I agree to and acknowledge Purchaser's instructions to: ( 1 ) W i th in twenty (20) dc1ys of receipt of the Sett lement proceeds, and prior to any d istl'ibution to out· Cl ient (Sel ler), pay the fu l l nmount due Purchaser per the Agreement ; (2) timely not i fy the Purchaser upon receipt of the Settlement Proceeds; (3) Upon request of Purchaser, provide Purchaser with the status of the Claim; (4) Upon request of Purchaser, disclose t he gross settlement amount and disbursements from the Claim ; and (5) Immediately not ify the Purchaser if there is commencement of any lawsu it or proceeding which may affect the Purchnser's rights.

I hereby represent that: (i) I do not have any knowledge or notice of any l iens upon and/or assignments, transfers or conveyances of any portion of the Proceeds, other than those l isted in Exhibit "B", and (ii) the Proceeds shal l be paid to and deposited in the law firm 's escrow account prior to any d istributions being made.

If I am terminated as Seller's attorney with respect to the Cla im I shal l give Purchaser immediate written notice thereof by certified mail , return receipt requested, and if known to me provide t he name, address and telephone number of Seller's new attorney.

'i-cei ti fy l m I rt11e At torney::af-reMi'ci'"and Im vne<i'leWe<l�filiifilJJ11e ferrns .. iiUl:tls:::A.1;r�tte1,{=00=: --·{Ju._) �lei'. J

Date: ------

Page 8 of 1 1 Seller's Ini tials: �-------

03/3 1 /20 [ 6


Slate of Counly o r

The undersigned,

AFFIDAVIT OF WITNESS

Ri;ls idjng at/with an offlce at � , r- . , " ,,,... J -. ":f\f ,f{h ,;" '; U ( Oj-- ��, -de_p__..,o_s_cs�a�nclC---+"s�a)-'S_t_h_a�t:�tl�1e�P-t+1 1-·c-"-h�as�e�ai-1d�S-a-le�A-g1-·e�e-m_e_11 t

and l rrevocablc Payment Authorization and Lettel' of lnst1·uction (the "Agreement") bet,veen J av l i n N ine LLC and dated 03/3 1 /20 1 6 was s igned in my presence by

- · _ . The unders igned witnessed the execut ion of said Agl'eement on the 3 ) 5r day of \"�,.,� 20 1� at __ _ . , . ·,. ,_ .. · . . . · '�t5(address where

Agreement wns s igned). ..,,/ u ( O :J ,'\ t the 1·irne the AgTeement was s igned, · declared h is intent to s ign the same and acknowledged lo the undersigned the terms and cond itions thereof. At the t ime the Agreement wns s igned, _ was at least 1 8 years of age, and was of sound m ind , memory und understund i ng, under no constrai nt, duress, fraud or u ndue i n fluence, a11d in no respect inconipctent to enter i nto a b ind ing contract. . was ab le to read, write and converse in the Eng l i sh language, and was not su ffering from any defect of s ight, hearing or speech, or from any other physica l or mental impairment which wou ld affect his capaci ty to enter in to a contract.

am acqua inted with in that I am the c l ient's /'JOrft-,.£7 ... ---- ---- (relationship 10 Client). I make this affidavit a t h i s request. l attest that I have no fi nancia l or othe1· benefic ia l interest i n making th i s affirmation and \,Vi i i i n no wuy benefit [-)oorn entering i nto the Purchase and Sale Agreement referenced herein .

The Agreement was executed by supervis ion/presence of a Notary Pub l ic.

and wi tnessed by me under the

I swear and affirm that the stntements set fo1th he1·e in are true and correct.

I .. \:?

-----------�/

Subscri bed and sworn to before me th is El tir \.\v-..r..cK day of.-A.i1-gttst, 20 l�

03.'.l l /20 1 6

M y Commlsalon Expires May 3. 201 7

Page 9 o f 1 1

My Oommlselon Expire, May 3, 2017

Scllcl' 'S l nitinls :'� --

e ,e -e e :1,

@U$0QQC .. L


EXH I B IT B

SCHEDULE OF PRI OR LI ENS

I MPORTANT: Please l ist any and al l existing liens. If no l iens exist, please check "No Liens Exist".

NO LmNS EX IST d

LI ENS EXI ST 0 Plense l ist l iens below:

NAME TYPE AMOUNT DATE

A ttorney I n l tinls

03''.l 1 /20 1 6 Page 1 0 of 1 1 Seller's I n i t ia ls : �··


S l<'. L LER f<' U N D I NG I NSTRUCTIONS

.'\ t r:1chccl please !'i nd the Purchase and Sale Agreement J have s igned, sel l i ng a portion or the cont ingent proceeds from the recovery of rny Cla im for fl Pmclrnse Price of$58,000.00 to Javl i n N ine LLC.

Per my instructions below, please d istri bute on my behal f the Net Amount 0 1' $50,000.00 to __ _ _ _ __ ___ : (please check one del ive1·y option)

0 Di rect Deposit (funds ava i lHb le in 2-3 business days) $ 1 0 Fee deducted 0 Check by Cert i fied MHi l (5-8 business days) $ 1 5 Fee deducted 0 Check by Overnight De l ivery to 204 Yukon Court, Weatherford, $30 Fee deducted

TX 76087 0 Check by Overnight Del ivery to: $30 Fee deducted

(i;I' ,,- Wire Trnnsfer (same day funds) $40 Fee deducted

WIRE TRANSFER and DIRECT DEPOSIT INSTRUCTIONS:

NHm� of Bank : :;:,;k �:�fee' I G�

RoL1 t 1 11g Nurnber:-:=:.._\j:��:i!l•m�!!lli!:i?ii ... 1-l!!a��'..__ ___ _ ��-- -Name on Account: Ad<l rc�� \),Q. Account :

O ' , TX O Othel': _____ ______ ___ _

1\ccount Nurnber:_��-"-'-- -��-'='��

;�e.of Account: c:cking I'S. Snvings)

To ensure your funds arrive on t ime, contact your bank and confirm your

account information is correct. 001

Pay to the !(°··--- ,-.. -1 orderof ________ ,! _�� --�-

for ____ _

l! L 2 H . Sr. ?8q1 : L � � t. 5r. ?Bq \O OO L Routing # · Account# · Ch�ck tt 9 diglu.

Questions? Cal l Case Funding: 800·790-9992

S ELLER A UTHORIZATION

l hereby authorize .lavl i n N ine LLC to distribute the Pu 1·chase Price in the manner set forth above,

8y: -On this _ _ day of March, 20 1 6 , SSN , who resides at

I , TX 76087, personal ly appeared before me and is known to me to be the person/peopl e described in and who executed the foregoing i nstrnment and acknowledged that he/she/they execulecl the $<1tne as his/hcr/theii; free act and deed.

Notarv Publ ic: I J I rv1 f,'I

ivly Commission Expires: •

r ( • - \,.,,.: • - -, I l

I!/! /t-14 '? ·? ;}/ 7 I! t . . ( · ,_ J c-vr County of: 3-...J V---f T #/ ·-

7�\J,/:l�-- --- · - - · - - . . . Sta l e of:

Page 1 1 of 1 1 03/.1 1 /20 1 6

My Commleafon ExpiresMay 3, 2017

o: 1 4 1 4 Harney Street, Omaha, NE 681 02 p: 2 1 2.608.7372 f: 2 12.608.6964 o: con\[email protected]

Sli'.LLER PUNDING INSTRUCTIONS

i\lr:1chccl please !'ind the Purchase and Sale Agreement J have signed, selling a portion or the contingent proceeds from the recovery ofmy Claim for fl Purclrnse Price of$58,000.00 to .favlin Nine LLC.

Per my instructions below, please distribute on my behalf the Net Amount 01'$50,000.00 to ___ _ _ __ _____ : (please check one delive1·y option)

0 Direct Deposit (funds nvailable in 2-3 business days) $10 Fee deducted 0 Check by Certified Mail (5-8 business days) $15 Fee deducted 0 Check by Overnight Delivery to 204 Yukon Court, Weatherford, $30 Fee deducted

TX 76087 0 Check by Overnight Delivery to: $30 Fee deducted



Nam� ofBank::::,jk �:�fee' 1 G�

ROLlllllg Number:-:::.._\j�i=;••�!!ll!=?= ... •-��---��- -Name on Account:

Ad<lrc�� \),Q. Account: O' ,TX

0 Othel': ______________ _ 1\ccount Number:_��_,._,_--��-'='��

;�e..of Account: c:cking I'S, Snvings)

To ensure your funds arrive on time, contact your bank and confirm your


Pay to the

!(°' ____ ,-.. -7 orderof _______ !� _

For ____ _ l!L2H.Sr.?8q1: L��t.5r.?Bq\O OOL

Routing 'If · Account# Ch�d. tt 9 diglu.

Questions? Call Case Funding: 800-790-9992

SELLER AUTHORIZATION

l hereby authorize .lavlin Nine LLC to distribute the Pu1·chase Price in the manner set forth above,

8y: -

On this _ _ day of Ma1·ch, 2016 , SSN , who resides at I, TX 76087, personally appeared before me nnd is known to me to be the person/people

described in and who executed the foregoing instrnment and acknowledged that he/she/they execulecl the $<1tne as his/hcr/theii; free act and deed.

Notarv Public: 1 j I rv1 f,'I

ivly Commission 'Expires: .

t" t . - \.,,.: • - -, • l

I!/! /t-14 '? ,? ;// 7 I It .. ( - ,. J c-vr County of: 3-..,,.! V---f T #/ ·-

7�\J,/:l�-----·--··· ... Stale of:

Page 11 of 11 03/.11/2016

My Commlaafon ExpiresMay 3, 2017

o: 1414 Harney Street, Omaha, NE 68102 p: 212,608.7372 /: 212.608.6964 o: con\[email protected]

Sli'.LLER PUNDING INSTRUCTIONS

i\lr:1chccl please !'ind the Purchase and Sale Agreement J have signed, selling a portion or the contingent proceeds from the recovery ofmy Claim for fl Purclrnse Price of$58,000.00 to .favlin Nine LLC.

Per my instructions below, please distribute on my behalf the Net Amount 01'$50,000.00 to ___ _ _ __ _____ : (please check one delive1·y option)

0 Direct Deposit (funds nvailable in 2-3 business days) $10 Fee deducted 0 Check by Certified Mail (5-8 business days) $15 Fee deducted 0 Check by Overnight Delivery to 204 Yukon Court, Weatherford, $30 Fee deducted

TX 76087 0 Check by Overnight Delivery to: $30 Fee deducted



Nam� ofBank::::,jk �:�fee' 1 G�

ROLlllllg Number:-:::.._\j�i=;••�!!ll!=?= ... •-��---��- -Name on Account:

Ad<lrc�� \),Q. Account: O' ,TX

0 Othel': ______________ _ 1\ccount Number:_��_,._,_--��-'='��

;�e..of Account: c:cking I'S, Snvings)

To ensure your funds arrive on time, contact your bank and confirm your


Pay to the

!(°' ____ ,-.. -7 orderof _______ !� _

For ____ _ l!L2H.Sr.?8q1: L��t.5r.?Bq\O OOL

Routing 'If · Account# Ch�d. tt 9 diglu.

Questions? Call Case Funding: 800-790-9992

SELLER AUTHORIZATION

l hereby authorize .lavlin Nine LLC to distribute the Pu1·chase Price in the manner set forth above,

8y: -

On this _ _ day of Ma1·ch, 2016 , SSN , who resides at I, TX 76087, personally appeared before me nnd is known to me to be the person/people

described in and who executed the foregoing instrnment and acknowledged that he/she/they execulecl the $<1tne as his/hcr/theii; free act and deed.

Notarv Public: 1 j I rv1 f,'I

ivly Commission 'Expires: .

t" t . - \.,,.:

• - -, • l

I!/! /t-14 '? ,? ;// 7 I It .. ( - ,. J c-vr County of: 3-..,,.! V---f T #/ ·-

7�\J,/:l�-----·--··· ... Stale of:

Page 11 of 11 03/.11/2016

My Commlaafon ExpiresMay 3, 2017

o: 1414 Harney Street, Omaha, NE 68102 p: 212,608.7372 /: 212.608.6964 o: con\[email protected]

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