On October 29, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
and
for OTHER CIVIL
in the District Court of Franklin County.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Jun 10 5:10 PM-20CV007082
OF959 - U51
EXHIBIT A
(Defendants’ Responses to Plaintiffs’ First Requests for Admissions)
Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Jun 10 5:10 PM-20CV007082
OF959 - US
frustrated the purpose of the Mortgage Loan Documents and Equipment Loan Documents
or made compliance with their terms impossible or impracticable.
Request for Admission No 37.
Admit that the Default Letter complied with and satisfied all requirements of O.C.G.A. § 13-1-11
with respect to Plaintiffs’ right to collect contractual attorneys’ fees pursuant to the Mortgage Loan
Documents and Equipment Loan Documents.
Response: Denied. This request impermissibly seeks a legal conclusion on the construction
of a Georgia statute. Defendants further object as Plaintiffs have presented no evidence to
support the outrageously high sums demanded as attorneys’ fees.
Request for Admission No. 38.
Admit that You executed and delivered the Mortgage Forberance Agreement to APF-CRE.
Response: Denied in so far this request impermissibly seeks a legal conclusion. Without
waiver of these objections, Defendants submit that the documents speak for themselves.
Request for Admission No. 39.
Admit that the Mortgage Forbearance Agreement was executed on behalf of Borrower by Abhijit
Vasani in his capacity as member of Borrower.
Response: Denied in so far this request impermissibly seeks a legal conclusion. Without
waiver of these objections, Defendants submit that the documents speak for themselves.
Request for Admission No. 40.
Admit that a true and correct copy of the Mortgage Forbearance Agreement is attached to the
Complaint as Exhibit 10.
Response: Admitted in part and denied in part. Denied in so far this request impermissibly
seeks a legal conclusion. Without waiver of these objections, Defendants submit that the
documents speak for themselves.
Request for Admission No. 41.
Admit that Abhijit Vasani was authorized to sign the Mortgage Forbearance Agreement on behalf
of the Borrower as member of the Borrower.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Jun 10 5:10 PM-20CV007082
OF959 - US
Response: Denied as stated. Defendants object to this request in so far it impermissibly
seeks a legal conclusion. Without waiver of these objections, Defendants submit that the
documents speak for themselves.
Request for Admission No. 42.
Admit that You executed and delivered the Equipment Forbearance Agreement to APF-CPX.
Response: Denied as stated. Defendants object to this request in so far it impermissibly
seeks a legal conclusion. Without waiver of these objections, Defendants submit that the
documents speak for themselves.
Request for Admission No. 43.
Admit that the Equipment Forbearance Agreement was executed on behalf of Borrower by Abhijit
Vasani in his capacity as member of Borrower.
Response: Admitted in part and denied in part. Denied in so far this request impermissibly
seeks a legal conclusion. Without waiver of these objections, Defendants submit that the
documents speak for themselves.
Request for Admission No. 44.
Admit that a true and correct copy of the Equipment Forbearance Agreement is attached to the
Complaint as Exhibit 11
Response: Admitted in part and denied in part. Denied in so far this request impermissibly
seeks a legal conclusion. Without waiver of these objections, Defendants submit that the
documents speak for themselves.
Request for Admission No. 45.
Admit that Abhijit Vasani was authorized to sign the Equipment Forbearance Agreement on behalf
of the Borrower as member of the Borrower.
Response: Denied as stated. Defendants object to this request in so far it impermissibly
seeks a legal conclusion. Without waiver of these objections, Defendants submit that the
documents speak for themselves.
Request for Admission No. 46.
Admit that, pursuant to section 11(a) of each of the Forbearance Agreements, respectively,
Defendants acknowledged and confirmed that “there are no existing defenses, claims,
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Document Filed Date
June 10, 2022
Case Filing Date
October 29, 2020
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Jun 10 5:10 PM-20CV007082 OF959 - U51 EXHIBIT A (Defendants’ Responses to Plaintiffs’ First Requests for Admissions) Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Jun 10 5:10 PM-20CV007082 OF959 - US frustrated the purpose of the Mortgage Loan Documents and Equipment Loan Documents or made compliance with their terms impossible or impracticable. Request for Admission No 37. Admit that the Default Letter complied with and satisfied all requirements of O.C.G.A. § 13-1-11 with respect to Plaintiffs’ right to collect contractual attorneys’ fees pursuant to the Mortgage Loan Documents and Equipment Loan Documents. Response: Denied. This request impermissibly seeks a legal conclusion on the construction of a Georgia statute. Defendants further object as Plaintiffs have presented no evidence to support the outrageously high sums demanded as attorneys’ fees. Request for Admission No. 38. Admit that You executed and delivered the Mortgage Forberance Agreement to APF-CRE. Response: Denied in so far this request impermissibly seeks a legal conclusion. Without waiver of these objections, Defendants submit that the documents speak for themselves. Request for Admission No. 39. Admit that the Mortgage Forbearance Agreement was executed on behalf of Borrower by Abhijit Vasani in his capacity as member of Borrower. Response: Denied in so far this request impermissibly seeks a legal conclusion. Without waiver of these objections, Defendants submit that the documents speak for themselves. Request for Admission No. 40. Admit that a true and correct copy of the Mortgage Forbearance Agreement is attached to the Complaint as Exhibit 10. Response: Admitted in part and denied in part. Denied in so far this request impermissibly seeks a legal conclusion. Without waiver of these objections, Defendants submit that the documents speak for themselves. Request for Admission No. 41. Admit that Abhijit Vasani was authorized to sign the Mortgage Forbearance Agreement on behalf of the Borrower as member of the Borrower. -23- 26479293v.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Jun 10 5:10 PM-20CV007082 OF959 - US Response: Denied as stated. Defendants object to this request in so far it impermissibly seeks a legal conclusion. Without waiver of these objections, Defendants submit that the documents speak for themselves. Request for Admission No. 42. Admit that You executed and delivered the Equipment Forbearance Agreement to APF-CPX. Response: Denied as stated. Defendants object to this request in so far it impermissibly seeks a legal conclusion. Without waiver of these objections, Defendants submit that the documents speak for themselves. Request for Admission No. 43. Admit that the Equipment Forbearance Agreement was executed on behalf of Borrower by Abhijit Vasani in his capacity as member of Borrower. Response: Admitted in part and denied in part. Denied in so far this request impermissibly seeks a legal conclusion. Without waiver of these objections, Defendants submit that the documents speak for themselves. Request for Admission No. 44. Admit that a true and correct copy of the Equipment Forbearance Agreement is attached to the Complaint as Exhibit 11 Response: Admitted in part and denied in part. Denied in so far this request impermissibly seeks a legal conclusion. Without waiver of these objections, Defendants submit that the documents speak for themselves. Request for Admission No. 45. Admit that Abhijit Vasani was authorized to sign the Equipment Forbearance Agreement on behalf of the Borrower as member of the Borrower. Response: Denied as stated. Defendants object to this request in so far it impermissibly seeks a legal conclusion. Without waiver of these objections, Defendants submit that the documents speak for themselves. Request for Admission No. 46. Admit that, pursuant to section 11(a) of each of the Forbearance Agreements, respectively, Defendants acknowledged and confirmed that “there are no existing defenses, claims, -24- 26479293v.1