Preview
FILED: NASSAU COUNTY CLERK 06/30/2020 01:53 PM INDEX NO. 606560/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/30/2020
EXHIBIT D
FILED: NASSAU COUNTY CLERK 06/30/2020 01:53 PM INDEX NO. 606560/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/30/2020
1981 Marcus Avenue
Suite 130
Lake Success, NY 11042
Business Finance Solutions
(855) 284-3722 | www.newtekone.com
May 8, 2019
VIA FEDERAL EXPRESS
Michael J. Liberman
Heather Liberman
2655 Rachel Street
Bellmore, NY 11710
Re: Newtek Small Business Finance, LLC with Zahmel Restaurant Supplies
Corp.
Loan No.: Redacted (the "Loan")
Dear Mr. & Mrs. Liberman:
On April 28, 2017, Zahmel Restaurant Supplies Corp. (the "Borrower")
executed and delivered to Newtek Small Business Finance LLC (the "Lender") a Note
in the original principal amount of $355,000 (the "Note"). Pursuant to the Security
Agreement executed by the Borrower on April 28, 2017 (the "Security Agreement"),
the Note was secured by, among other things, all of the Borrower's right, title and
interest in all personal property of the Borrower, then owned and thereafter
acquired, of every kind and description wherever located, including, without
limitation: all accounts, general intangibles, chattel paper whether tangible or
electronic, instruments including promissory notes, documents, goods including
raw materials, work-in-process and finished goods including embedded software
and all accessions to any goods; machinery, furniture, inventory, equipment and
fixtures, intellectual property of any kind or nature including trademarks,
servicemarks, patents and copyrights whether or not recorded or registered, liquor
licenses, business licenses, letter of credit rights whether or not the letter of credit is
evidenced by a writing, financial assets and investment property, deposit accounts
whether or not maintained at Lender, commercial tort claims, supporting
obligations, and any and allproducts and proceeds of any of the foregoing, whether
then existing or thereafter arising or acquired in and to any and allitems of personal
property, together with all attachments, accessions and equipment then or
thereafter affixed thereto or used in connection therewith, all substitutions and
replacements thereof and any products and proceeds thereof (the "Collateral").
In connection with the Note, Michael J.Liberman, Gil L Appelbaum, and MHL
Transport Service Corp. (the "Unconditional Guarantors") executed and delivered to
the Lender Unconditional Guarantees dated April 28, 2017 (the "Unconditional
FILED: NASSAU COUNTY CLERK 06/30/2020 01:53 PM INDEX NO. 606560/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/30/2020
1981 Marcus Avenue
Suite 130
Lake Success, NY 11042
Business Finance Solutions
(855) 284-3722 | www.newtekone.com
Guarantees") and Heather Liberman and Emmy Appelbaum (the "Unconditional
Guarantors,"
Limited and along with the Unconditional Guarantors, collectively, the
"Guarantors") executed and delivered to the Lender Unconditional Limited
Guarantees,"
Guarantees dated April 28, 2017 (the "Unconditional Limited and
together with the Unconditional Guarantees, collectively, the "Guarantees").
Pursuant to the Guarantees, the Guarantors unconditionally guaranteed payment to
Lender of allamounts owing under the Note, to the extent set forth in the relevant
Guarantees.
Events of default have occurred under the Note and Security Agreement,
including specifically but without limitation, the Borrower's failure to pay the
monthly installments due on February 1, 2019 and thereafter. By this letter, the
Lender gives you notice that the Lender intends to hold the Guarantors liable for all
amounts due to the Lender under the Note and to the fullest extent possible under
the Guarantees. As of May 8, 2019, there is due on the Loan the principal sum of
$343,799.47. Interest on the principal amount outstanding under the Note will
continue to accrue until the Note is paid in full, as permitted by law.
Please be further advised that the Lender intends to conduct a sale of the
Collateral pursuant to its rights under N.Y. U.C.C. Article 9, the Security Agreement,
and all related documents (the "Sale"). You have previously waived notification of
the time or place of any Sale and/or other disposition of the Collateral.
DEMAND IS HEREBY MADE that you pay to the Lender by not later than
May 17, 2019 the sum of $343,799.47, plus all interest, late charges, and other fees
to accrue through that date, along with all of the Lender's collection costs and fees.
Please contact the undersigned for exact figures before remitting payment. If such
sum is not paid by that date, Lender will take all steps necessary and appropriate to
collect all sums due and owing to the Lender under your Guarantee and pursue all
other remedies available to the Lender pursuant to the Mortgage, Note and other
Loan Documents (as defined in the Note) or applicable law, all of which are
expressly reserved.
Lender continues to reserve all of its rights and remedies under the law, the
Loan Documents, and at equity.
Please be guided accordingly.
FILED: NASSAU COUNTY CLERK 06/30/2020 01:53 PM INDEX NO. 606560/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/30/2020
1981 Marcus Avenue
Suite 130
Lake Success, NY 11042
Business Finance Solutions
(855) 284-3722 j www.newtekone.com
Very truly yours,
Denise Bampoe, V.P. Asset Management
cc: All Guarantors
4350370 v2
FILED: NASSAU COUNTY CLERK 06/30/2020 01:53 PM INDEX NO. 606560/2020
NYSCEF DOC. NO. 7 RECEIVED Page
NYSCEF: 1 of 1
06/30/2020
After printingthislabel.
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labelforshipping Using a photocopy of this
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and could
resultin additional charges,
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Use system
of this constitutes
your agreement to the service
conditionsin thecurrentFedEx ServiceGuide, availableon
fedex.com.FedEx will
not be responsibleforany claimin excess of $100per package, whether theresultof loss,
damage, delay,non-
delivery,misdelivery,or
misinformation,unless youdeclare a highervalue,pay an additionalcharge,document youractualloss and file
a timely found
claim.Limitations in the
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right from FedEx for anyloss,including
intrinsic
valueof thepackage, lossof sales,income attorney's
profit,
interest, fees,costs,and otherforms of damage whether direct,
or special
incidental,consequential, is limited greater
to the of $100or theauthorizeddeclared value Recovery cannot exceed actual
documented loss.Maximum foritems of extraordinary
valueis $1,000,e g jewelry,preciousmetals,negotiableinstruments and other
items in our
listed ServiceGuide.Written claimsmust within
be filed strict
time see
limits, currentFedEx Service Guide.
https://www.fedex.com/shipping/html/en/PrintlFrame.html 5/8/2019
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FILED: NASSAU COUNTY CLERK 06/30/2020 01:53 PM INDEX NO. 606560/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/30/2020 EXHIBIT D FILED: NASSAU COUNTY CLERK 06/30/2020 01:53 PM INDEX NO. 606560/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/30/2020 1981 Marcus Avenue Suite 130 Lake Success, NY 11042 Business Finance Solutions (855) 284-3722 | www.newtekone.com May 8, 2019 VIA FEDERAL EXPRESS Michael J. Liberman Heather Liberman 2655 Rachel Street Bellmore, NY 11710 Re: Newtek Small Business Finance, LLC with Zahmel Restaurant Supplies Corp. Loan No.: Redacted (the "Loan") Dear Mr. & Mrs. Liberman: On April 28, 2017, Zahmel Restaurant Supplies Corp. (the "Borrower") executed and delivered to Newtek Small Business Finance LLC (the "Lender") a Note in the original principal amount of $355,000 (the "Note"). Pursuant to the Security Agreement executed by the Borrower on April 28, 2017 (the "Security Agreement"), the Note was secured by, among other things, all of the Borrower's right, title and interest in all personal property of the Borrower, then owned and thereafter acquired, of every kind and description wherever located, including, without limitation: all accounts, general intangibles, chattel paper whether tangible or electronic, instruments including promissory notes, documents, goods including raw materials, work-in-process and finished goods including embedded software and all accessions to any goods; machinery, furniture, inventory, equipment and fixtures, intellectual property of any kind or nature including trademarks, servicemarks, patents and copyrights whether or not recorded or registered, liquor licenses, business licenses, letter of credit rights whether or not the letter of credit is evidenced by a writing, financial assets and investment property, deposit accounts whether or not maintained at Lender, commercial tort claims, supporting obligations, and any and allproducts and proceeds of any of the foregoing, whether then existing or thereafter arising or acquired in and to any and allitems of personal property, together with all attachments, accessions and equipment then or thereafter affixed thereto or used in connection therewith, all substitutions and replacements thereof and any products and proceeds thereof (the "Collateral"). In connection with the Note, Michael J.Liberman, Gil L Appelbaum, and MHL Transport Service Corp. (the "Unconditional Guarantors") executed and delivered to the Lender Unconditional Guarantees dated April 28, 2017 (the "Unconditional FILED: NASSAU COUNTY CLERK 06/30/2020 01:53 PM INDEX NO. 606560/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/30/2020 1981 Marcus Avenue Suite 130 Lake Success, NY 11042 Business Finance Solutions (855) 284-3722 | www.newtekone.com Guarantees") and Heather Liberman and Emmy Appelbaum (the "Unconditional Guarantors," Limited and along with the Unconditional Guarantors, collectively, the "Guarantors") executed and delivered to the Lender Unconditional Limited Guarantees," Guarantees dated April 28, 2017 (the "Unconditional Limited and together with the Unconditional Guarantees, collectively, the "Guarantees"). Pursuant to the Guarantees, the Guarantors unconditionally guaranteed payment to Lender of allamounts owing under the Note, to the extent set forth in the relevant Guarantees. Events of default have occurred under the Note and Security Agreement, including specifically but without limitation, the Borrower's failure to pay the monthly installments due on February 1, 2019 and thereafter. By this letter, the Lender gives you notice that the Lender intends to hold the Guarantors liable for all amounts due to the Lender under the Note and to the fullest extent possible under the Guarantees. As of May 8, 2019, there is due on the Loan the principal sum of $343,799.47. Interest on the principal amount outstanding under the Note will continue to accrue until the Note is paid in full, as permitted by law. Please be further advised that the Lender intends to conduct a sale of the Collateral pursuant to its rights under N.Y. U.C.C. Article 9, the Security Agreement, and all related documents (the "Sale"). You have previously waived notification of the time or place of any Sale and/or other disposition of the Collateral. DEMAND IS HEREBY MADE that you pay to the Lender by not later than May 17, 2019 the sum of $343,799.47, plus all interest, late charges, and other fees to accrue through that date, along with all of the Lender's collection costs and fees. Please contact the undersigned for exact figures before remitting payment. If such sum is not paid by that date, Lender will take all steps necessary and appropriate to collect all sums due and owing to the Lender under your Guarantee and pursue all other remedies available to the Lender pursuant to the Mortgage, Note and other Loan Documents (as defined in the Note) or applicable law, all of which are expressly reserved. Lender continues to reserve all of its rights and remedies under the law, the Loan Documents, and at equity. Please be guided accordingly. FILED: NASSAU COUNTY CLERK 06/30/2020 01:53 PM INDEX NO. 606560/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/30/2020 1981 Marcus Avenue Suite 130 Lake Success, NY 11042 Business Finance Solutions (855) 284-3722 j www.newtekone.com Very truly yours, Denise Bampoe, V.P. Asset Management cc: All Guarantors 4350370 v2 FILED: NASSAU COUNTY CLERK 06/30/2020 01:53 PM INDEX NO. 606560/2020 NYSCEF DOC. NO. 7 RECEIVED Page NYSCEF: 1 of 1 06/30/2020 After printingthislabel. 'Print' 1. Use the buttonon thispage to print your labelto yourlaseror inkjet printer. 2. Foldtheprintedpage alongthe horizontal line. 3. Placelabelin shippingpouch and it to your affix shipment so thatthebarcode portionof thelabelcan be read and scanned Warning: Use onlythe printedoriginal labelforshipping Using a photocopy of this labelforshippingpurposes is fraudulent and could resultin additional charges, billing along withthecancellationof yourFedEx account number. Use system of this constitutes your agreement to the service conditionsin thecurrentFedEx ServiceGuide, availableon fedex.com.FedEx will not be responsibleforany claimin excess of $100per package, whether theresultof loss, damage, delay,non- delivery,misdelivery,or misinformation,unless youdeclare a highervalue,pay an additionalcharge,document youractualloss and file a timely found claim.Limitations in the currentFedEx ServiceGuide apply.Your to recover right from FedEx for anyloss,including intrinsic valueof thepackage, lossof sales,income attorney's profit, interest, fees,costs,and otherforms of damage whether direct, or special incidental,consequential, is limited greater to the of $100or theauthorizeddeclared value Recovery cannot exceed actual documented loss.Maximum foritems of extraordinary valueis $1,000,e g jewelry,preciousmetals,negotiableinstruments and other items in our listed ServiceGuide.Written claimsmust within be filed strict time see limits, currentFedEx Service Guide. https://www.fedex.com/shipping/html/en/PrintlFrame.html 5/8/2019