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AT-138/EJ-125
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: 87908 FOR COURT USE ONLY
Name: Heinz Binder
FIRM NAME: Binder & Malter, LLP
STREET ADDRESS: 2775 Park Avenue
city: Santa Clara state: CA zip cove; 95050
TELEPHONE NO.. 408-295-1700 FAXNO.: 408-295-1531
EMAIL ADoRESS: heinz@bindermalter.com
ATTORNEY FOR (name): Titan Fish Four, LLC, a Kansas Limited Liability Company
|SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
‘STREET ADDRESS: 191 North First Street
MAILING ADDRESS: 191 North First Street
city AND zip cope: San Jose, CA 95113
BRANCH NAME: Unlimited Civil
PLAINTIFF Gibraltar SSI, LLC.
DEFENDANT Robert Comes and Eric McAfee
APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION ‘CASE NUMBER:
ENFORCEMENT OF JUDGMENT [__] ATTACHMENT (Third Person) 1-12-CV-230686
(<] Judgment Debtor [_] Third Person
ORDER TO APPEAR FOR EXAMINATION
TO (name): Eric McAfee
YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to
a, furnish information to aid in enforcement of a money judgment against you.
» EI answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the
judgment debtor.
c. [__] answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant
that is subject to attachment.
Date: 6/ZB AB Time. 4: OOHM Dept. or Div. F Rm.:
Address of court A is shown above [__] is:
3. This order may be served by a sheriff, marshal, registered process server, or the Maasyse we person (name):
Date:
JUDGE,
This order must be served not less than 10 days before the cabvheny WEB A ation.
IMPORTANT NOTICES ON REVERSE
APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
{] Original judgment creditor Assignee of record [_] Plaintiff who has a right to attach order
applies for an order requiring (name): Eric McAfee
to appear and furnish information to aid in enforcement of the money judgment or to answer concerning property or debt.
The pers on to be examined is
the judgment debtor.
b. [-_] a third person (1) who has possession or control of property belonging to the judgment debtor or the defendant or (2) who
owes the judgment debtor or the defendant more than $250. An affidavit supporting this application under Code of Civil
Procedure section 491.110 or 708.120 is attached.
The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination.
. [£_] This court is not the court in which the money judgment is entered or (attachment only) the court that issued the writ of
attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708,160 is attached.
8. . [_] The judgment debtor has been examined within the past 120 days. An affidavit showing good cause for another examination
is attached.
I declare under penalty of perjury under the laws of the State of California that the féregoing is true, and correct.
Date: June$, 3018
pL,
2
Binder & Malter, LLP by Heinz Binder _
(TYPE OR PRINT NAME) {SIGNATURE OF OESLARANT)
(Continued on reverse) Page 1 of 2
Form Adopted for Mandatory Use APPLICATION AND ORDER FOR ‘Code of Civil Procedure,
Jadicias Council of California §§ 491.110, 708.110, 708.120, 708.170
AT-138/EJ-125 (Rev. January 1, 2017) APPEARANCE AND EXAMINATION wan. coutts.ca.gov
{Attachment—Enforcement of Judgment)
AT-138/EJ-125
Information for Judgment Creditor Regarding Service
If you want to be able to ask the court to enforce the order on the judgment debtor or any third party, you
must have a copy of the order personally served on the judgment debtor by a sheriff, marshal, registered
process server, or the person appointed in item 3 of the order at least 10 calendar days before the date of
the hearing, and have a proof of service filed with the court.
IMPORTANT NOTICES ABOUT THE ORDER
APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT)
NOTICE TO JUDGMENT DEBTOR If you fail to appear at the time and place specified in this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this
proceeding.
APPEARANCE OF A THIRD PERSON (ENFORCEMENT OF JUDGMENT)
(1) NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this
proceeding.
(2) NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered in this
action claims that the person to be examined under this order has possession or control of property
that is yours or owes you a debt. This property or debt is as follows (describe the property or debt):
if you claim that all or any portion of this property or debt is exempt from enforcement of the money
judgment, you must file your exemption claim in writing with the court and have a copy personally
served on the judgment creditor not later than three days before the date set for the examination.
You must appear at the time and place set for the examination to establish your claim of exemption
or your exemption may be waived.
APPEARANCE OF A THIRD PERSON (ATTACHMENT)
NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you
may be subject to arrest and punishment for contempt of court, and the court may make an order
requiring you to pay the reasonable attorney fees incurred by the plaintiff in this proceeding.
APPEARANCE OF A CORPORATION, PARTNERSHIP,
ASSOCIATION, TRUST, OR OTHER ORGANIZATION
It is your duty to designate one or more of the following to appear and be examined: officers,
directors, managing agents, or other persons who are familiar with your property and debts.
Request for Accommodations, Assistive listening systems, computer-assisted real-time captioning, or sign
language interpreter services are available if you ask at least 5 days before your hearing. Contact the clerk’s
office for Request for Accommodation (form MC-410). (Civil Code, § 54.8.)
AT-ABB/EJ-126 (Rev. January 4, 2017] APPLICATION AND ORDER FOR Page 2 of 2
APPEARANCE AND EXAMINATION
{Attachment—Enforcement of Judgment)
ATTACHMENT TO APPLICATION AND ORDER FOR APPEARANCE AND
EXAMINATION OF ERIC MCAFEE
DEFINITIONS
Unless the context indicates otherwise, the following words and phrases will be defined
and used herein as follows;
A "Any" includes each, every, and all and shall be understood to include and
encompass "or", and "or" shall be understood to include and encompass "and."
B "Related to" or “relating to” includes referring to, alluding to, responding to,
concerning, regarding, connected with, commenting on, in respect of, about, is evidence of,
discussing, showing, describing, requesting, analyzing, and constituting.
Cc. “Communication” or “Communications” refers to any oral or written transmittal
or receipt of words or information, whether such was by chance, prearranged, formal, or
information, and specifically includes, without limitation, notes of conversations in person,
telephone conversations, telegrams, telexes, telecopies, telefaxes, letters, e-mails, reports, or
memoranda, formal statements and press releases. References to Communications with business
entities shall be deemed to include Communications with all present and former officers,
directors, employees, agents, attorneys, or other representatives of such entities.
D. “Document” or “Documents” means and includes everything encompassed within
the definition of California Evidence Code §250. Such term shall include the original or copy of
handwriting, typewriting, printing, photostating, photographing, and every other means of
recoding upon any tangible thing, any form of Communication or representation, including
letters, words, e-mails, faxes, pictures, sounds, and symbols, or combinations of them.
E, “You” or “Your” means you, your wife, your agents, employees, consultants,
independent contractors, and anyone else acting at, for, or on your behalf.
F “Real Property” means 22040 Mount Eden Road, Saratoga, California.
INSTRUCTIONS
1 This request calls for the production of all responsive Documents in your
possession, custody or control. You are deemed to be in control of a Document if you have the
right to secure the Document or a copy thereof from another person having actual possession
thereof. You must produce all responsive Documents in your possession, custody or control,
regardless of whether they are possessed by (a) you, or (b) your director, officer, agent,
employee, member, representative, subsidiary, managing agent, accountant, attorney or
investigator, or (c) the agent, employee, member, representative of any of the foregoing.
2. Documents attached to each other should not be separated. Documents that are
located in files, folders, binders and the like must be produced in a manner that enables you to
determine which particular pages were contained in a given file, folder or binder. The labels of
any files, folders or binders that contain responsive Documents must also be copied.
3 If two specific requests overlap, or if a Document is responsive to more than one
specific request, the Document need only be produced once.
4 To the extent any claim of privilege is made, a privilege log should be provided.
DOCUMENTS DEMANDS
1 All federal and state income tax returns filed by You or on Your behalf since May
1, 2015, including schedules, W-2 forms, and 1099 forms.
2. All statements for every account with a bank, investment brokerage, or securities
account, where the account is held in Your name or jointly in Your name and in the name of
Marguerite McAfee since May 1, 2012.
3. All bank statements for every account with a bank, investment brokerage, or
securities account, where the account is held in the name of any trust in which You and/or
Marguerite McAfee are or were a settlor or beneficiary, since May 1, 2012.
4 All Documents that reflect or refer to your income or compensation from any
source whatsoever at any time from May 1, 2012 to the present.
5 All credit card statements for any account in Your name or jointly in Your name
and in the name of Marguerite McAfee from May 1, 2012, to the present.
6 All Documents and Communications that reflect or refer to the pending
foreclosure against Your Real Property by Morgan Stanley Private Bank, N.A. or its foreclosure
trustee, Aztec Foreclosure Corporation.
7 All Documents and Communications since May 31, 2012, that reflect or refer to
any transfer of an interest in the Real Property.
8 All Documents and Communications since May 31, 2012, that reflect or refer to
any lien recorded against the Real Property.
9. All Documents and Communications that reflect or refer to any contracts or
agreements between you, on the one hand, and Marguerite McAfee, or McAfee Capital, LLC, or
Organic Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity
in which You have an ownership interest, on the other hand.
10. All Documents and Communications that reflect or refer to any financial
obligations between you, on the one hand, and Marguerite McAfee, or McAfee Capital, LLC, or
Organic Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity
in which You have an ownership interest, on the other hand.
1. All Documents and Communications from May 1, 2012, to the present that reflect
or refer to any payment of money or transfer of property of an amount greater than $1,000
between You and/or Marguerite McAfee on the one hand, and McAfee Capital, LLC, or Organic
Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity in
which You have an ownership interest, on the other hand.
12, All Documents and Communications from May 1, 2012, to the present that reflect
or refer to any payment of money or transfer of property of an amount greater than $1,000
between either of your daughters on the one hand, and McAfee Capital, LLC, or Organic
Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity in
which You have an ownership interest, on the other hand.
13, All Documents and Communications from May 1, 2012 to the present that reflect
or refer to any loan You and/or Marguerite McAfee owe to David Lies or any predecessor-in-
interest to David Lies.
14. All Documents that reflect or refer to any payments You made or transferred to
Morgan Stanley Private Bank, N.A., or which were paid or transferred on your behalf by any
party, to Morgan Stanley Private Bank, N.A., at any time since May 1, 2012.
1S. All Documents that reflect or refer to any payments You made or were made on
your behalf to David Lies or his predecessor-in-interest since May 1, 2012.
16, To the extent not already requested, all Documents that reflect or refer to any
payments You made or transferred to P2 Capital, LLC, or which were paid or transferred on your
behalf by any party, on account of the obligation that is secured by a deed of trust recorded
against the Real Property, since May 1, 2015.
17. All loan applications or credit reports that you completed or presented to any
other party since May 1, 2015
18. To the extent not already requested, all documents relating to or evidencing any
account maintained at any financial institution in which You or Marguerite McAfee had or have
an ownership interest, between May 1, 2012 and the present, including but not limited to, any
checking account, savings account, individual retirement account, margin account, brokerage
account, or certificate of deposit.
19, All Documents that reflect or refer to the amount of your outstanding tax debt to
the Internal Revenue Service at any time since January 1, 2012.
20. All Documents that reflect or refer to any personal property owned by you, or by
McAfee Capital, LLC with a value in excess of $5,000, including, but not limited to any
insurance policy, lease, or storage agreement.
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AT-138/EJ-125 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: 87908 FOR COURT USE ONLY Name: Heinz Binder FIRM NAME: Binder & Malter, LLP STREET ADDRESS: 2775 Park Avenue city: Santa Clara state: CA zip cove; 95050 TELEPHONE NO.. 408-295-1700 FAXNO.: 408-295-1531 EMAIL ADoRESS: heinz@bindermalter.com ATTORNEY FOR (name): Titan Fish Four, LLC, a Kansas Limited Liability Company |SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA ‘STREET ADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street city AND zip cope: San Jose, CA 95113 BRANCH NAME: Unlimited Civil PLAINTIFF Gibraltar SSI, LLC. DEFENDANT Robert Comes and Eric McAfee APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION ‘CASE NUMBER: ENFORCEMENT OF JUDGMENT [__] ATTACHMENT (Third Person) 1-12-CV-230686 (<] Judgment Debtor [_] Third Person ORDER TO APPEAR FOR EXAMINATION TO (name): Eric McAfee YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to a, furnish information to aid in enforcement of a money judgment against you. » EI answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the judgment debtor. c. [__] answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant that is subject to attachment. Date: 6/ZB AB Time. 4: OOHM Dept. or Div. F Rm.: Address of court A is shown above [__] is: 3. This order may be served by a sheriff, marshal, registered process server, or the Maasyse we person (name): Date: JUDGE, This order must be served not less than 10 days before the cabvheny WEB A ation. IMPORTANT NOTICES ON REVERSE APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION {] Original judgment creditor Assignee of record [_] Plaintiff who has a right to attach order applies for an order requiring (name): Eric McAfee to appear and furnish information to aid in enforcement of the money judgment or to answer concerning property or debt. The pers on to be examined is the judgment debtor. b. [-_] a third person (1) who has possession or control of property belonging to the judgment debtor or the defendant or (2) who owes the judgment debtor or the defendant more than $250. An affidavit supporting this application under Code of Civil Procedure section 491.110 or 708.120 is attached. The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination. . [£_] This court is not the court in which the money judgment is entered or (attachment only) the court that issued the writ of attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708,160 is attached. 8. . [_] The judgment debtor has been examined within the past 120 days. An affidavit showing good cause for another examination is attached. I declare under penalty of perjury under the laws of the State of California that the féregoing is true, and correct. Date: June$, 3018 pL, 2 Binder & Malter, LLP by Heinz Binder _ (TYPE OR PRINT NAME) {SIGNATURE OF OESLARANT) (Continued on reverse) Page 1 of 2 Form Adopted for Mandatory Use APPLICATION AND ORDER FOR ‘Code of Civil Procedure, Jadicias Council of California §§ 491.110, 708.110, 708.120, 708.170 AT-138/EJ-125 (Rev. January 1, 2017) APPEARANCE AND EXAMINATION wan. coutts.ca.gov {Attachment—Enforcement of Judgment) AT-138/EJ-125 Information for Judgment Creditor Regarding Service If you want to be able to ask the court to enforce the order on the judgment debtor or any third party, you must have a copy of the order personally served on the judgment debtor by a sheriff, marshal, registered process server, or the person appointed in item 3 of the order at least 10 calendar days before the date of the hearing, and have a proof of service filed with the court. IMPORTANT NOTICES ABOUT THE ORDER APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT) NOTICE TO JUDGMENT DEBTOR If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this proceeding. APPEARANCE OF A THIRD PERSON (ENFORCEMENT OF JUDGMENT) (1) NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this proceeding. (2) NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered in this action claims that the person to be examined under this order has possession or control of property that is yours or owes you a debt. This property or debt is as follows (describe the property or debt): if you claim that all or any portion of this property or debt is exempt from enforcement of the money judgment, you must file your exemption claim in writing with the court and have a copy personally served on the judgment creditor not later than three days before the date set for the examination. You must appear at the time and place set for the examination to establish your claim of exemption or your exemption may be waived. APPEARANCE OF A THIRD PERSON (ATTACHMENT) NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the plaintiff in this proceeding. APPEARANCE OF A CORPORATION, PARTNERSHIP, ASSOCIATION, TRUST, OR OTHER ORGANIZATION It is your duty to designate one or more of the following to appear and be examined: officers, directors, managing agents, or other persons who are familiar with your property and debts. Request for Accommodations, Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least 5 days before your hearing. Contact the clerk’s office for Request for Accommodation (form MC-410). (Civil Code, § 54.8.) AT-ABB/EJ-126 (Rev. January 4, 2017] APPLICATION AND ORDER FOR Page 2 of 2 APPEARANCE AND EXAMINATION {Attachment—Enforcement of Judgment) ATTACHMENT TO APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION OF ERIC MCAFEE DEFINITIONS Unless the context indicates otherwise, the following words and phrases will be defined and used herein as follows; A "Any" includes each, every, and all and shall be understood to include and encompass "or", and "or" shall be understood to include and encompass "and." B "Related to" or “relating to” includes referring to, alluding to, responding to, concerning, regarding, connected with, commenting on, in respect of, about, is evidence of, discussing, showing, describing, requesting, analyzing, and constituting. Cc. “Communication” or “Communications” refers to any oral or written transmittal or receipt of words or information, whether such was by chance, prearranged, formal, or information, and specifically includes, without limitation, notes of conversations in person, telephone conversations, telegrams, telexes, telecopies, telefaxes, letters, e-mails, reports, or memoranda, formal statements and press releases. References to Communications with business entities shall be deemed to include Communications with all present and former officers, directors, employees, agents, attorneys, or other representatives of such entities. D. “Document” or “Documents” means and includes everything encompassed within the definition of California Evidence Code §250. Such term shall include the original or copy of handwriting, typewriting, printing, photostating, photographing, and every other means of recoding upon any tangible thing, any form of Communication or representation, including letters, words, e-mails, faxes, pictures, sounds, and symbols, or combinations of them. E, “You” or “Your” means you, your wife, your agents, employees, consultants, independent contractors, and anyone else acting at, for, or on your behalf. F “Real Property” means 22040 Mount Eden Road, Saratoga, California. INSTRUCTIONS 1 This request calls for the production of all responsive Documents in your possession, custody or control. You are deemed to be in control of a Document if you have the right to secure the Document or a copy thereof from another person having actual possession thereof. You must produce all responsive Documents in your possession, custody or control, regardless of whether they are possessed by (a) you, or (b) your director, officer, agent, employee, member, representative, subsidiary, managing agent, accountant, attorney or investigator, or (c) the agent, employee, member, representative of any of the foregoing. 2. Documents attached to each other should not be separated. Documents that are located in files, folders, binders and the like must be produced in a manner that enables you to determine which particular pages were contained in a given file, folder or binder. The labels of any files, folders or binders that contain responsive Documents must also be copied. 3 If two specific requests overlap, or if a Document is responsive to more than one specific request, the Document need only be produced once. 4 To the extent any claim of privilege is made, a privilege log should be provided. DOCUMENTS DEMANDS 1 All federal and state income tax returns filed by You or on Your behalf since May 1, 2015, including schedules, W-2 forms, and 1099 forms. 2. All statements for every account with a bank, investment brokerage, or securities account, where the account is held in Your name or jointly in Your name and in the name of Marguerite McAfee since May 1, 2012. 3. All bank statements for every account with a bank, investment brokerage, or securities account, where the account is held in the name of any trust in which You and/or Marguerite McAfee are or were a settlor or beneficiary, since May 1, 2012. 4 All Documents that reflect or refer to your income or compensation from any source whatsoever at any time from May 1, 2012 to the present. 5 All credit card statements for any account in Your name or jointly in Your name and in the name of Marguerite McAfee from May 1, 2012, to the present. 6 All Documents and Communications that reflect or refer to the pending foreclosure against Your Real Property by Morgan Stanley Private Bank, N.A. or its foreclosure trustee, Aztec Foreclosure Corporation. 7 All Documents and Communications since May 31, 2012, that reflect or refer to any transfer of an interest in the Real Property. 8 All Documents and Communications since May 31, 2012, that reflect or refer to any lien recorded against the Real Property. 9. All Documents and Communications that reflect or refer to any contracts or agreements between you, on the one hand, and Marguerite McAfee, or McAfee Capital, LLC, or Organic Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity in which You have an ownership interest, on the other hand. 10. All Documents and Communications that reflect or refer to any financial obligations between you, on the one hand, and Marguerite McAfee, or McAfee Capital, LLC, or Organic Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity in which You have an ownership interest, on the other hand. 1. All Documents and Communications from May 1, 2012, to the present that reflect or refer to any payment of money or transfer of property of an amount greater than $1,000 between You and/or Marguerite McAfee on the one hand, and McAfee Capital, LLC, or Organic Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity in which You have an ownership interest, on the other hand. 12, All Documents and Communications from May 1, 2012, to the present that reflect or refer to any payment of money or transfer of property of an amount greater than $1,000 between either of your daughters on the one hand, and McAfee Capital, LLC, or Organic Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity in which You have an ownership interest, on the other hand. 13, All Documents and Communications from May 1, 2012 to the present that reflect or refer to any loan You and/or Marguerite McAfee owe to David Lies or any predecessor-in- interest to David Lies. 14. All Documents that reflect or refer to any payments You made or transferred to Morgan Stanley Private Bank, N.A., or which were paid or transferred on your behalf by any party, to Morgan Stanley Private Bank, N.A., at any time since May 1, 2012. 1S. All Documents that reflect or refer to any payments You made or were made on your behalf to David Lies or his predecessor-in-interest since May 1, 2012. 16, To the extent not already requested, all Documents that reflect or refer to any payments You made or transferred to P2 Capital, LLC, or which were paid or transferred on your behalf by any party, on account of the obligation that is secured by a deed of trust recorded against the Real Property, since May 1, 2015. 17. All loan applications or credit reports that you completed or presented to any other party since May 1, 2015 18. To the extent not already requested, all documents relating to or evidencing any account maintained at any financial institution in which You or Marguerite McAfee had or have an ownership interest, between May 1, 2012 and the present, including but not limited to, any checking account, savings account, individual retirement account, margin account, brokerage account, or certificate of deposit. 19, All Documents that reflect or refer to the amount of your outstanding tax debt to the Internal Revenue Service at any time since January 1, 2012. 20. All Documents that reflect or refer to any personal property owned by you, or by McAfee Capital, LLC with a value in excess of $5,000, including, but not limited to any insurance policy, lease, or storage agreement.