Preview
FILED: NASSAU COUNTY CLERK 05/24/2021 03:31 PM INDEX NO. 606560/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/24/2021
EXHIBIT A
FILED:
FILED: NASSAU
NASSAU COUNTY
COUNTY CLERK
CLERK 06/30/2020
05/24/2021 01:53
03:31 PM
PM INDEX
INDEX NO.
NO. 606560/2020
606560/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 5
34 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/30/2020
05/24/2021
U.S. Small Business Administration
NOTE
SBA Loan #
SBA Loan Name
Zahmel RestaurantSuppliesCorp.
Date April28,2017
Loan Amount $355,000.00
Interest Rate Prime Rate + 2.75% VariableRate
Borrower Zahmel RestaurantSuppliesCorp.
Operating Company Zahmel RestaurantSuppliesCorp.
Lender Newtek Small Business Finance,LLC
1. PROMISE TO PAY:
In returnforthe Loan, Borrower promises to payto theorder of Lender the amount of
Three Hundred Fifty-FiveThousand and 00/100 ($355,000.00)
interest
on theunpaid principalbalance, and allotheramounts requiredby thisNote.
2. DEFINITIONS:
"Collateral"
means any propertytaken as securityforpayrscñt ofthisNote orany güârantee ofthisNote.
" Guarantor"
means each personor entitythatsignsa guarantee of payment ofthisNote.
"Loan"
means theloan evidenced by thisNote.
Documents"
"Loan means the documents relatedtothisloan signed by Borrower, any Guarantor, or anyone who
pledges collateral.
"SBA"
means theSmall Business Administration, an Agency of theUnited Statesof America.
SBA Form 147 (06/03/02) Version4.1 Page1/6
FILED:
FILED: NASSAU
NASSAU COUNTY
COUNTY CLERK
CLERK 06/30/2020
05/24/2021 01:53
03:31 PM
PM INDEX
INDEX NO.
NO. 606560/2020
606560/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 5
34 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/30/2020
05/24/2021
3. PAYMENT TERMS:
Borrower must make allpayments at the place
Lender designates.The payment terms forthisNote are:
This Note willmature in10 yearsfrom date of Note.
The interest
rateon thisNote willfluctuate.The initialinterest
rate is 6.75% peryear. This initial
rateis thePrime Rate
in effecton thefirst
business day of themonth in which SBA received the loanapplication,plus2.75%. The initial
interestratemust remain in effect the
until change
first periodbegins unlessreduced inaccordance with SOP 50 10.
Borrower must pay one payment ofinterestonlyon the disbursedprincipalbalance one month from themonth thisNote
is dated;payment must be made on thefirstcalendarday in themonth itis due.
Borrower must pay principaland interest
payméub of $4,100.27 everymonth, beginning two months from the month this
Note is dated;payments must be made on the first
calendar dayin themonths they are due.
Lender willapply each insullment payment firsttopay interestaccrued to theday Lender receivesthe payment, then to
bring principalcurrent,thento pay any latefees,and willapply any remainiñg balance to reduceprincipal.
The interestratefirstadjustmentdate (FloatDate)is 07/01/2017.
The interestratewillbe adjustedevery calendar quarter(the"change period").
Rate"
The "Prime is the
Prime Rate in effecton thefirst
business day of the month (as publishedinthe Wall StreetJournal
newspaper) inwhich SBA receivedtheapplication,or any interest
rate change occurs. Base Rateswill be rounded to two
decimal places with .004being rounded down and .005 beingrounded up.
The adjustedinterestratewillbe 2.75% above the Prime Rate. Lender willadjustthe interest
rateon the first
calendar
day of each change period. The change in interest
rateis effective
on that daywhether or not Leadergives Borrower
notice ofthe change.
The spread as identified
in theNote may notbe changed during thelifeof theLoan withoutthe writtenagreement ofthe
Borrower.
For variablerateloans,the rate
interest adjustment period may not be changed without the writtenconsent of the
Borrower.
Lender must adjustthe paymcñ‡ amount at least
annually as needed toamortize principalover theremaiñIng term of the
note.
IfSBA purchasesthe guaranteed portionof theunpaid principalbalance,the interestratebecomes fixed at the rate
in
effectat thetime ofthe earliest
uncured payment default.Ifthere is nouncured payment the
default, ratebecomes fixed
at theratein effectat the
time of purchase.
Loan Prepayment: Notwithstanding any provision inthisNote to thecontrary:
Borrower may prepay Note.
this Borrower may prepay 20 percent orlessof theunpaid principalbalance at anytime
without notice. IfBorrower prepays more than 20 percent and theLoan has been soldon thesecondary market, Borrower
must:
a. Give Lender writtennotice;
b.Pay allaccrued and
interest;
c. Iftheprepayment is receivedless than
21 days from the date Lender receivesthenotice,pay an amount equal to21
days'
interest
from the datelender receivesthenotice,less anyinterestaccrued during the 21 daysand paid under
subparagraph b., above.
IfBorrower does not prepaywithin 30 days from thedate Lender receivesthe Borrower
notice, must give Lender a new
notice.
All remaining principaland accrued interest
is dueand payable 10 years from date of Note.
Late Charge: If a payment on thisNote is morethan 10 dayslate,Lender may charge Borrower a latefeeof up to5.00%
of theunpaid portion oftheregularly scheduledpayment.
SBA Form 147 (06/03/02) Version 4.1 Page2/6
FILED:
FILED: NASSAU
NASSAU COUNTY
COUNTY CLERK
CLERK 06/30/2020
05/24/2021 01:53
03:31 PM
PM INDEX
INDEX NO.
NO. 606560/2020
606560/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 5
34 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/30/2020
05/24/2021
4. DEFAULT:
Borrower is indefaultunder thisNote ifBorrower does not make a payment when due under thisNote,or ifBorrower
or OperatingCompany:
A. Failsto do anythingrequired by thisNote and other Loan Documents;
B. Defaultson any otherloan with Lender;
C. Does notpreserve,or accountto Lender's satisfaction
for,any of theCollateralor its
proceeds;
D. Does not disclose,or anyone actingon theirbehalfdoes not disclose,any materialfactto Lender or SBA;
E. Makes, or anyone actingon theirbehalf makes, a materiallyfalseor misleading representationtoLender or SBA;
F. Defaultson any loan oragreement with another if
creditor, Lender believesthe defaultmay materiallyaffect
Borrower's abilityto paythis Note;
G. Failsto pay any taxeswhen due;
H. Becomes the subjectofa proceeding under any bankruptcy or insolvency law;
L Has a receiver appointed
or liquidator forany part oftheirbusiness orproperty;
J. Makes an assignment forthe benefitof creditors;
K. Has any adverse change infinancial conditionor businessoperation thatLender believesmay materiallyaffect
Borrower's to pay
ability thisNote;
L. Reorganizes, merges, or
consolidates, otherwise changes ownership or businessstructurewithout Lender's prior
written consent; or
M. Becomes the subjectofa civil
or criminal actionthat Lenderbelievesmay materially affectBorrower'sabilityto
pay thisNote.
5. LENDER'S RIGHTS IF THERE IS A DEFAULT:
Without nòticeor demand and without givingup any of its Lender
rights, may:
A. Require immediate payment of allamounts owing under thisNote;
B. Collect allamounts owing from any Borrower or Guarantor;
C. Filesuit and obtainjudgment;
D. Take possessionof anyCollateral; or
E. Sell,lease,or otherwisedispose of,any Collateralat publicor privatesale,with or withoutadvertisement.
6. LENDER'S GENERAL POWERS:
Without noticeand without Borrower's consent,Leader may:
A. Bid on or buy the Collateralat its
saleor the saleofanother licatclder,at anyprice itchooses;
B. Incur expenses to collect
ammmfs due under thisNote, enforce theterms ofthisNote orany other Loan
Document, and preserveor dispose ofthe Collateral.
Among otherthings, the evposes may includepayments
forproperty taxes,prior liens,insurance,
appraisals,caviremnental remediation costs,and reasonableattorney's
feesand costs.IfLender incurs such expenses,itmay demand immediate repayment from Borrower or add the
expenses to theprincipalbalance;
C. Release anyone obligatedto pay thisNote;
D.'
Compi·omise, release,renew,extend orsubstituteany of theCollateral;and
E. Take any actionnecessary toprotectthe Collateralor collect
amounts owing on thisNote.
SBA Form 147 (06/03/02) Version 4.1 Page3/6
- .
FILED:
FILED: NASSAU
NASSAU COUNTY
COUNTY CLERK
CLERK 06/30/2020
05/24/2021 01:53
03:31 PM
PM INDEX
INDEX NO.
NO. 606560/2020
606560/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 5
34 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/30/2020
05/24/2021
7. WHEN FEDERAL LAW APPLIES:
When SBA is theholder,thisNote willbe interpretedand enforced under federallaw, includingSBA regulations.
Lender or SBA may use stateor localprocedures forfilingpapers,recording documents, giving notice,foreclosing
liens,and otherpurposes. By usingsuch procedures,SBA does notwaive any federalimmunity from stateor local
control,
penalty, tax,or liability.
As to this
Note, Borrower may notclaim or assertagainstSBA any localor statelaw
todeny any obligation,defeatany claimof SBA, or preempt federallaw.
8. SUCCESSORS AND ASSIGNS:
Under thisNote, Borrower and Operating Company include the successorsofeach, and Lender includes itssuccessors
and assigns.
9. GENERAL PROVISIONS:
A. All individualsand entitiessigningthisNote are jointlyand severallyliable.
B. Borrower waives allsuretyship defenses.
C. Borrower must sign alldocuments necessary at anytime tocomply with theLoan Documents and to enable
Lender to acquire,
perfect,or maintainLender's lienson Collateral.
D. Lender may exerciseany of its
rightsseparatelyor together,as many times and in any orderitchooses. Lender
may delayor forgo enforcing any ofits rights
without givingup any of them.
E. Borrower may notuse an oral statementof Lender or SBA tocontradictor alterthe written
terms ofthisNote.
F. Ifany part ofthisNote is unenforceable,allother partsremain ineffect.
G. To the extentallowed by law, Borrower waives alldemands and noticesin conneeden with thisNote,including
presentment, demand, and notice
protest, of dishenor. Borrower alsowaives any defensesbased upon any claim
thatLender did notobtain any guarantee;did notobtain, perfect,or maintaina lienupon Collateral;impaired
Collateral;or didnot obtainthefairmarket value of Collateral
at a sale.
SBA Form 147 (06/03/02) Version4.1 Page4/6
FILED:
FILED: NASSAU
NASSAU COUNTY
COUNTY CLERK
CLERK 06/30/2020
05/24/2021 01:53
03:31 PM
PM INDEX
INDEX NO.
NO. 606560/2020
606560/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 5
34 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/30/2020
05/24/2021
10. STATE-SPECIFIC PROVISIONS:
Intentionallyleftblank.
SBA Form 147 (06/03/02) Version4.1 Page5/6
FILED:
FILED: NASSAU
NASSAU COUNTY
COUNTY CLERK
CLERK 06/30/2020
05/24/2021 01:53
03:31 PM
PM INDEX
INDEX NO.
NO. 606560/2020
606560/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 5
34 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/30/2020
05/24/2021
11. BORROWER'S NAME(S) AND SIGNATORE(S):
By signing below, each individual or becomes
entity obligatedunder thisNote as Borrower.
..
Zahmel Restaur ppliesCorp.
By:
Gil L.Appelbaum, President
STATE OF NEW YORK )
)SS.:
COUNTY OF ASIA.t/ )
On this28thday of April,2017, before me, theundersigned, a NotaryPublic in and forthe StateofNew York,
personally appeared GilL. Appcibaum, personallyknown to me (or proved tome on thebasis ofsatisfact~yevidence) to
be theindividual whose name is subscribedto thewithininstrument and he acknowledged tome that he executed thesame
inhis capacity,and thatby his signatureon theinstrument,the individual,or theperson upon behalfof which the
I indiviualacted, executedthe instrument.
JENNIFER S SURPRIS
No Publf -4 Notary Public, State of New York
NO 01SU6318510
Qualified in Queens County
Commission Expires January 26. 20
SBA Form 147 (O6/03/02) Version4.1 Page6/6
Preview
FILED: NASSAU COUNTY CLERK 05/24/2021 03:31 PM INDEX NO. 606560/2020 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/24/2021 EXHIBIT A FILED: FILED: NASSAU NASSAU COUNTY COUNTY CLERK CLERK 06/30/2020 05/24/2021 01:53 03:31 PM PM INDEX INDEX NO. NO. 606560/2020 606560/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 5 34 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/30/2020 05/24/2021 U.S. Small Business Administration NOTE SBA Loan # SBA Loan Name Zahmel RestaurantSuppliesCorp. Date April28,2017 Loan Amount $355,000.00 Interest Rate Prime Rate + 2.75% VariableRate Borrower Zahmel RestaurantSuppliesCorp. Operating Company Zahmel RestaurantSuppliesCorp. Lender Newtek Small Business Finance,LLC 1. PROMISE TO PAY: In returnforthe Loan, Borrower promises to payto theorder of Lender the amount of Three Hundred Fifty-FiveThousand and 00/100 ($355,000.00) interest on theunpaid principalbalance, and allotheramounts requiredby thisNote. 2. DEFINITIONS: "Collateral" means any propertytaken as securityforpayrscñt ofthisNote orany güârantee ofthisNote. " Guarantor" means each personor entitythatsignsa guarantee of payment ofthisNote. "Loan" means theloan evidenced by thisNote. Documents" "Loan means the documents relatedtothisloan signed by Borrower, any Guarantor, or anyone who pledges collateral. "SBA" means theSmall Business Administration, an Agency of theUnited Statesof America. SBA Form 147 (06/03/02) Version4.1 Page1/6 FILED: FILED: NASSAU NASSAU COUNTY COUNTY CLERK CLERK 06/30/2020 05/24/2021 01:53 03:31 PM PM INDEX INDEX NO. NO. 606560/2020 606560/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 5 34 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/30/2020 05/24/2021 3. PAYMENT TERMS: Borrower must make allpayments at the place Lender designates.The payment terms forthisNote are: This Note willmature in10 yearsfrom date of Note. The interest rateon thisNote willfluctuate.The initialinterest rate is 6.75% peryear. This initial rateis thePrime Rate in effecton thefirst business day of themonth in which SBA received the loanapplication,plus2.75%. The initial interestratemust remain in effect the until change first periodbegins unlessreduced inaccordance with SOP 50 10. Borrower must pay one payment ofinterestonlyon the disbursedprincipalbalance one month from themonth thisNote is dated;payment must be made on thefirstcalendarday in themonth itis due. Borrower must pay principaland interest payméub of $4,100.27 everymonth, beginning two months from the month this Note is dated;payments must be made on the first calendar dayin themonths they are due. Lender willapply each insullment payment firsttopay interestaccrued to theday Lender receivesthe payment, then to bring principalcurrent,thento pay any latefees,and willapply any remainiñg balance to reduceprincipal. The interestratefirstadjustmentdate (FloatDate)is 07/01/2017. The interestratewillbe adjustedevery calendar quarter(the"change period"). Rate" The "Prime is the Prime Rate in effecton thefirst business day of the month (as publishedinthe Wall StreetJournal newspaper) inwhich SBA receivedtheapplication,or any interest rate change occurs. Base Rateswill be rounded to two decimal places with .004being rounded down and .005 beingrounded up. The adjustedinterestratewillbe 2.75% above the Prime Rate. Lender willadjustthe interest rateon the first calendar day of each change period. The change in interest rateis effective on that daywhether or not Leadergives Borrower notice ofthe change. The spread as identified in theNote may notbe changed during thelifeof theLoan withoutthe writtenagreement ofthe Borrower. For variablerateloans,the rate interest adjustment period may not be changed without the writtenconsent of the Borrower. Lender must adjustthe paymcñ‡ amount at least annually as needed toamortize principalover theremaiñIng term of the note. IfSBA purchasesthe guaranteed portionof theunpaid principalbalance,the interestratebecomes fixed at the rate in effectat thetime ofthe earliest uncured payment default.Ifthere is nouncured payment the default, ratebecomes fixed at theratein effectat the time of purchase. Loan Prepayment: Notwithstanding any provision inthisNote to thecontrary: Borrower may prepay Note. this Borrower may prepay 20 percent orlessof theunpaid principalbalance at anytime without notice. IfBorrower prepays more than 20 percent and theLoan has been soldon thesecondary market, Borrower must: a. Give Lender writtennotice; b.Pay allaccrued and interest; c. Iftheprepayment is receivedless than 21 days from the date Lender receivesthenotice,pay an amount equal to21 days' interest from the datelender receivesthenotice,less anyinterestaccrued during the 21 daysand paid under subparagraph b., above. IfBorrower does not prepaywithin 30 days from thedate Lender receivesthe Borrower notice, must give Lender a new notice. All remaining principaland accrued interest is dueand payable 10 years from date of Note. Late Charge: If a payment on thisNote is morethan 10 dayslate,Lender may charge Borrower a latefeeof up to5.00% of theunpaid portion oftheregularly scheduledpayment. SBA Form 147 (06/03/02) Version 4.1 Page2/6 FILED: FILED: NASSAU NASSAU COUNTY COUNTY CLERK CLERK 06/30/2020 05/24/2021 01:53 03:31 PM PM INDEX INDEX NO. NO. 606560/2020 606560/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 5 34 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/30/2020 05/24/2021 4. DEFAULT: Borrower is indefaultunder thisNote ifBorrower does not make a payment when due under thisNote,or ifBorrower or OperatingCompany: A. Failsto do anythingrequired by thisNote and other Loan Documents; B. Defaultson any otherloan with Lender; C. Does notpreserve,or accountto Lender's satisfaction for,any of theCollateralor its proceeds; D. Does not disclose,or anyone actingon theirbehalfdoes not disclose,any materialfactto Lender or SBA; E. Makes, or anyone actingon theirbehalf makes, a materiallyfalseor misleading representationtoLender or SBA; F. Defaultson any loan oragreement with another if creditor, Lender believesthe defaultmay materiallyaffect Borrower's abilityto paythis Note; G. Failsto pay any taxeswhen due; H. Becomes the subjectofa proceeding under any bankruptcy or insolvency law; L Has a receiver appointed or liquidator forany part oftheirbusiness orproperty; J. Makes an assignment forthe benefitof creditors; K. Has any adverse change infinancial conditionor businessoperation thatLender believesmay materiallyaffect Borrower's to pay ability thisNote; L. Reorganizes, merges, or consolidates, otherwise changes ownership or businessstructurewithout Lender's prior written consent; or M. Becomes the subjectofa civil or criminal actionthat Lenderbelievesmay materially affectBorrower'sabilityto pay thisNote. 5. LENDER'S RIGHTS IF THERE IS A DEFAULT: Without nòticeor demand and without givingup any of its Lender rights, may: A. Require immediate payment of allamounts owing under thisNote; B. Collect allamounts owing from any Borrower or Guarantor; C. Filesuit and obtainjudgment; D. Take possessionof anyCollateral; or E. Sell,lease,or otherwisedispose of,any Collateralat publicor privatesale,with or withoutadvertisement. 6. LENDER'S GENERAL POWERS: Without noticeand without Borrower's consent,Leader may: A. Bid on or buy the Collateralat its saleor the saleofanother licatclder,at anyprice itchooses; B. Incur expenses to collect ammmfs due under thisNote, enforce theterms ofthisNote orany other Loan Document, and preserveor dispose ofthe Collateral. Among otherthings, the evposes may includepayments forproperty taxes,prior liens,insurance, appraisals,caviremnental remediation costs,and reasonableattorney's feesand costs.IfLender incurs such expenses,itmay demand immediate repayment from Borrower or add the expenses to theprincipalbalance; C. Release anyone obligatedto pay thisNote; D.' Compi·omise, release,renew,extend orsubstituteany of theCollateral;and E. Take any actionnecessary toprotectthe Collateralor collect amounts owing on thisNote. SBA Form 147 (06/03/02) Version 4.1 Page3/6 - . FILED: FILED: NASSAU NASSAU COUNTY COUNTY CLERK CLERK 06/30/2020 05/24/2021 01:53 03:31 PM PM INDEX INDEX NO. NO. 606560/2020 606560/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 5 34 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/30/2020 05/24/2021 7. WHEN FEDERAL LAW APPLIES: When SBA is theholder,thisNote willbe interpretedand enforced under federallaw, includingSBA regulations. Lender or SBA may use stateor localprocedures forfilingpapers,recording documents, giving notice,foreclosing liens,and otherpurposes. By usingsuch procedures,SBA does notwaive any federalimmunity from stateor local control, penalty, tax,or liability. As to this Note, Borrower may notclaim or assertagainstSBA any localor statelaw todeny any obligation,defeatany claimof SBA, or preempt federallaw. 8. SUCCESSORS AND ASSIGNS: Under thisNote, Borrower and Operating Company include the successorsofeach, and Lender includes itssuccessors and assigns. 9. GENERAL PROVISIONS: A. All individualsand entitiessigningthisNote are jointlyand severallyliable. B. Borrower waives allsuretyship defenses. C. Borrower must sign alldocuments necessary at anytime tocomply with theLoan Documents and to enable Lender to acquire, perfect,or maintainLender's lienson Collateral. D. Lender may exerciseany of its rightsseparatelyor together,as many times and in any orderitchooses. Lender may delayor forgo enforcing any ofits rights without givingup any of them. E. Borrower may notuse an oral statementof Lender or SBA tocontradictor alterthe written terms ofthisNote. F. Ifany part ofthisNote is unenforceable,allother partsremain ineffect. G. To the extentallowed by law, Borrower waives alldemands and noticesin conneeden with thisNote,including presentment, demand, and notice protest, of dishenor. Borrower alsowaives any defensesbased upon any claim thatLender did notobtain any guarantee;did notobtain, perfect,or maintaina lienupon Collateral;impaired Collateral;or didnot obtainthefairmarket value of Collateral at a sale. SBA Form 147 (06/03/02) Version4.1 Page4/6 FILED: FILED: NASSAU NASSAU COUNTY COUNTY CLERK CLERK 06/30/2020 05/24/2021 01:53 03:31 PM PM INDEX INDEX NO. NO. 606560/2020 606560/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 5 34 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/30/2020 05/24/2021 10. STATE-SPECIFIC PROVISIONS: Intentionallyleftblank. SBA Form 147 (06/03/02) Version4.1 Page5/6 FILED: FILED: NASSAU NASSAU COUNTY COUNTY CLERK CLERK 06/30/2020 05/24/2021 01:53 03:31 PM PM INDEX INDEX NO. NO. 606560/2020 606560/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 5 34 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/30/2020 05/24/2021 11. BORROWER'S NAME(S) AND SIGNATORE(S): By signing below, each individual or becomes entity obligatedunder thisNote as Borrower. .. Zahmel Restaur ppliesCorp. By: Gil L.Appelbaum, President STATE OF NEW YORK ) )SS.: COUNTY OF ASIA.t/ ) On this28thday of April,2017, before me, theundersigned, a NotaryPublic in and forthe StateofNew York, personally appeared GilL. Appcibaum, personallyknown to me (or proved tome on thebasis ofsatisfact~yevidence) to be theindividual whose name is subscribedto thewithininstrument and he acknowledged tome that he executed thesame inhis capacity,and thatby his signatureon theinstrument,the individual,or theperson upon behalfof which the I indiviualacted, executedthe instrument. JENNIFER S SURPRIS No Publf -4 Notary Public, State of New York NO 01SU6318510 Qualified in Queens County Commission Expires January 26. 20 SBA Form 147 (O6/03/02) Version4.1 Page6/6