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FIRST BANK IN THE DISTRICT COURT
vs. § HARRIS COUNTY, TEXAS
KOPPER FUNDING CORPORATION and §
NICOLAS M. BAZAN, P.C. § 165th JUDICIAL DISTRICT
PLAINTIFF'S REQUESTS FOR ADMISSIONS
TO DEFENDANT NICOLAS M. BAZAN, P.C.
TO Defendant NICOLAS M. BAZAN, P.C., by and through its attorney of
record, Nicolas M. Bazan, of Nicolas M. Bazan, P.C., at 14610 Falling Creek,
Houston, Texas 77068.
COMES NOW, FIRST BANK, Plaintiff herein, and pursuant to Tex. R. Civ. P. 198, makes
this Requests for Admissions directed to NICOLAS M. BAZAN, Defe
Respectfully submitted,
DEVLIN, NAYLOR & TURBYFILL, P.L.L.C.
DONALD L. TURBYFILL
State Bar of Texas # 20296380
dturbyfill@dntlaw.com [Ma
VICKI W. HART
State Bar of Texas # 24046037
MAIL
5120 Woodway, Suite 9000
Houston, Texas 77056-1725
HONE,
ACSIMILE,
ATTORNEYS FOR PLAINTIFF
FIRST BANK
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a true and correct copy of the above and foregoing
instrument was served upon the following party either electronically through an electronic filing
manager or in the alternative served by fax prior to 5:00 p.m., in person, by mail, commercial
delivery service, or email, on March 22, 2017:
Nicolas M. Bazan
nbazan@nmblaw.com[ MaIL
Nicolas M. Bazan, P.C.
14610 Falling Creek
Houston, Texas 77068
ACSIMILE
ATTORNEY FOR DEFENDANT
KOPPER FUNDING CORPORATION
AND NICOLAS M. BAZAN, P.C.
VICKI W. HART
Plaintiff's Requests for Admissions to
Defendant Nicolas M. Bazan, P.C. page 2
PLAINTIFF'S REQUESTS FOR ADMISSIONS
TO DEFENDANT NICHOLAS M. BAZAN, P.C.
Please admit or deny the following:
KOPPER FUNDING CORPORATION ("Debtor") signed a Promissory Note ("Note")
or about October 1, 2012, under which Debtor borrowed and promised to pay First Bank
("Plaintiff"), the sum of $114,673.05, plus interest.
RESPONSE:
A true and correct copy of Note signed by Debtor, is attached hereto, marked as Exhibit "A".
RESPONSE:
To secure payment of the Note, Debtor signed a Commercial Security Agreement ("Security
Agreement") on or about October 1, 2012.
RESPONSE:
A true and correct copy of the Security Agreement signed by Debtor is attached hereto,
marked as Exhibit "B".
RESPONSE:
NICOLAS M. BAZAN, P.C. ("Guarantor") signed a Commercial Guaranty, guara
payment of the Note by Guarantor.
RESPONSE:
A true and correct copy of the Commercial Guaranty is attached hereto, marked as Exhibit
ncn,
Plaintiff's Requests for Admissions to
Defendant Nicolas M. Bazan, P.C. page 3
RESPONSE:
Debtor failed to make payment as called for under the Note.
RESPONSE:
Debtor failed to make the payment due on April 1, 2012, as call
RESPONSE:
Guarantor failed to make payment as called for under the Guaranty.
RESPONSE:
RESPONSE:
Guarantor is in default of the Guaranty.
RESPONSE:
On or about January 19, 2016, Debtor and Guarantor entered into a Forbearance Agreement
regarding the Note and Guaranty.
RESPONSE:
A true and correct copy of the Forbearance Agreement signed by Debtor and Guarantor is
attached hereto, marked as Exhibit "D".
Plaintiff's Requests for Admissions to
Defendant Nicolas M. Bazan, P.C. page 4
Debtor failed to make all payments called for under the Forbearance Agreement.
RESPONSE:
Debtor failed to make the payment due on October 1, 2016, under the Forbeara
Agreement.
RESPONSE:
Debtor failed to make the payment due on October 1, 2016, under the Forbeara
Agreement, and all payments called for under the Forbearance Agreement thereafter.
RESPONSE:
Guaranty failed to make payment as called for under the Forbearance Agreement.
RESPONSE:
After application of all lawful payments, credits, offsets, and allowances, Debtor is indebted
to Plaintiff under the Note in an amount of not less than $123,969.81, as of December 8,
RESPONSE:
After application of all lawful payments, credits, offsets, and allowances, Guarantor is
indebted to Plaintiff under the Guaranty in an amount of not less than $123,969.81, as of
RESPONSE:
Plaintiff's Requests for Admissions to
Defendant Nicolas M. Bazan, P.C. page 5
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FIRST BANK IN THE DISTRICT COURT vs. § HARRIS COUNTY, TEXAS KOPPER FUNDING CORPORATION and § NICOLAS M. BAZAN, P.C. § 165th JUDICIAL DISTRICT PLAINTIFF'S REQUESTS FOR ADMISSIONS TO DEFENDANT NICOLAS M. BAZAN, P.C. TO Defendant NICOLAS M. BAZAN, P.C., by and through its attorney of record, Nicolas M. Bazan, of Nicolas M. Bazan, P.C., at 14610 Falling Creek, Houston, Texas 77068. COMES NOW, FIRST BANK, Plaintiff herein, and pursuant to Tex. R. Civ. P. 198, makes this Requests for Admissions directed to NICOLAS M. BAZAN, Defe Respectfully submitted, DEVLIN, NAYLOR & TURBYFILL, P.L.L.C. DONALD L. TURBYFILL State Bar of Texas # 20296380 dturbyfill@dntlaw.com [Ma VICKI W. HART State Bar of Texas # 24046037 MAIL 5120 Woodway, Suite 9000 Houston, Texas 77056-1725 HONE, ACSIMILE, ATTORNEYS FOR PLAINTIFF FIRST BANK CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the above and foregoing instrument was served upon the following party either electronically through an electronic filing manager or in the alternative served by fax prior to 5:00 p.m., in person, by mail, commercial delivery service, or email, on March 22, 2017: Nicolas M. Bazan nbazan@nmblaw.com[ MaIL Nicolas M. Bazan, P.C. 14610 Falling Creek Houston, Texas 77068 ACSIMILE ATTORNEY FOR DEFENDANT KOPPER FUNDING CORPORATION AND NICOLAS M. BAZAN, P.C. VICKI W. HART Plaintiff's Requests for Admissions to Defendant Nicolas M. Bazan, P.C. page 2 PLAINTIFF'S REQUESTS FOR ADMISSIONS TO DEFENDANT NICHOLAS M. BAZAN, P.C. Please admit or deny the following: KOPPER FUNDING CORPORATION ("Debtor") signed a Promissory Note ("Note") or about October 1, 2012, under which Debtor borrowed and promised to pay First Bank ("Plaintiff"), the sum of $114,673.05, plus interest. RESPONSE: A true and correct copy of Note signed by Debtor, is attached hereto, marked as Exhibit "A". RESPONSE: To secure payment of the Note, Debtor signed a Commercial Security Agreement ("Security Agreement") on or about October 1, 2012. RESPONSE: A true and correct copy of the Security Agreement signed by Debtor is attached hereto, marked as Exhibit "B". RESPONSE: NICOLAS M. BAZAN, P.C. ("Guarantor") signed a Commercial Guaranty, guara payment of the Note by Guarantor. RESPONSE: A true and correct copy of the Commercial Guaranty is attached hereto, marked as Exhibit ncn, Plaintiff's Requests for Admissions to Defendant Nicolas M. Bazan, P.C. page 3 RESPONSE: Debtor failed to make payment as called for under the Note. RESPONSE: Debtor failed to make the payment due on April 1, 2012, as call RESPONSE: Guarantor failed to make payment as called for under the Guaranty. RESPONSE: RESPONSE: Guarantor is in default of the Guaranty. RESPONSE: On or about January 19, 2016, Debtor and Guarantor entered into a Forbearance Agreement regarding the Note and Guaranty. RESPONSE: A true and correct copy of the Forbearance Agreement signed by Debtor and Guarantor is attached hereto, marked as Exhibit "D". Plaintiff's Requests for Admissions to Defendant Nicolas M. Bazan, P.C. page 4 Debtor failed to make all payments called for under the Forbearance Agreement. RESPONSE: Debtor failed to make the payment due on October 1, 2016, under the Forbeara Agreement. RESPONSE: Debtor failed to make the payment due on October 1, 2016, under the Forbeara Agreement, and all payments called for under the Forbearance Agreement thereafter. RESPONSE: Guaranty failed to make payment as called for under the Forbearance Agreement. RESPONSE: After application of all lawful payments, credits, offsets, and allowances, Debtor is indebted to Plaintiff under the Note in an amount of not less than $123,969.81, as of December 8, RESPONSE: After application of all lawful payments, credits, offsets, and allowances, Guarantor is indebted to Plaintiff under the Guaranty in an amount of not less than $123,969.81, as of RESPONSE: Plaintiff's Requests for Admissions to Defendant Nicolas M. Bazan, P.C. page 5