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1 APRIL S GLATT, ESQ (SBN 185708) rapril@chauvellaw comj
DARINLEVILOFF,ESQ (SBN 172410) tdarm leviloff@yahoo.comj
2 CIIAUVKLdt GLATT, LLP
66 BOVET ROAD, SUITE 280
3 SAN MATEO, CALIFORNIA94402
TELEPHONE. 650-573-9500 P% X K@
4 FACSIMILE: 650-573-9689
SAR MAZE GOUNVV
0 f I( gj8.
.
6 Attorneys for Plaintiffs Q[Qflch is hereby acknowledged, and intending to
bc legally bound, the Pmties hereto agree as follov s.
AGREEMENT
l. Incornoratln of'ecitals. The foregoing recitals are incorporated as part of this
Agreement asiffully set forth below,
2. Ackaovtrledzemeat of Promissorv Notes and Regavnient Obligations. Bermau
hereby acknowledges, confirms and agrees that he has borrov ed money from Lender on five (5)
different occasions and executed f~ve (5) separate promissory notes evidencing said borrowings and
repayraent obligations. Herman fuither acknowledges,. confirms and agrees ihat said promissory
notes represent legal obligations of Bcrman and that all provisions contained in said promissory
notes are valid and iully enforceable a~>'nst him, except as otherwise modified by this Agreement.
The five (5) promissory notes described below, with balances due as of August, 22, 2014, are
confinried by Bcrman. Herman hereby agrees to make monthly payments, due on the fnst day of each
month, on each of said promissory notes as set forth below, said monthly payments to commence on
j~ ~teai~
-TP
payable
each
l. 2014.
upon
succeeding
However;
execution.
month.
of this
the Parties
Agreement.
further agree
Thereafter
the first payment
payments shall be
due
due on
hereunder
the
is due
first {1") day
and
of
Acknowledgement, Agreement
htovatlon, end StIPuletton rose
Septop! ner e,
Herman i
and Catenzaro Rtvendelt ll
Note 4 I m the prmcipal sum of $ 20,000.00 dated December 12, 2013 —balance
due as of I august 22, 20 l 4 is $ 24, 1 S2.00with monthly payment obligation of
$ 2,012.67;
Note P 2 in the prmcipal sum of $ 20,000.00 dated March 5, 2014 —balance due
as of August 22, 2014 is $ 23,443 61 with monthly payment obligation of
$ 1,95"..63,
c Note 03 in the principal sum of $ 2,200,00 dated June 5, 2014 —balance due as
of August 22, 2014 is $ 2,498.56 with monthly payment obligation of $ 832.85;
Note 4 4 in the principal sum of $ 2,100 00 dated June 20, 2014 —balance due as
of August 22, 2014 is $ 2,36127 with monthly payment obligation of $ 787.09,
e. Note 4 5 —balance due as of August 22, 2014 is $ 17,999.20 with monthly
payment obligation of $ 1,499.93.
The Parties further agree the annual interest rate accruing on;
i. Note 01 is amended from ten (10.00%) percent to fifteen (15.00%) percent
effective July 1S, 2014, and
n. Note P2 is amended. from ten (1000%) percent to fifteen (1S.00%) percent
eBective July I S,2014, and
iii Note P3 is amended from tcn (10.00%) percent to fifteen (15.00%} percent
effective July 15, 2014, and
iv, Note 84 is amended from twelve (12 00%) percent to fifteen (15 00%) percent
effective July 15, 2014.
Tho balance due on each said promissory note. including interest and/or finance
charges as set forth herein, shall be paid in full no later than February 1, 2015. Each of the above
promissory notes is attached hereto as Exhibit "A" and incorporated herein by reference
3. Default j:nterest. In the event any monthly payment required by Section 2, above is
more than five (5) days late, a default finance charge of eighteen percent 18.00%), computed and
compounded monthly, shall automatically bc assessed and. apply against the entire balance due on all
five (5) promissory notes until such time as all payments, including principal and said default interest,
are made in full and brought up to date, In. theevent said default finance charge rate is determined to
be mvalid for any reason, then tlxemaximlow, LLC, a California limited liabihty company
Acknoeiadgement,htevalinn, Agreement
and Strpulattnn September 8, 2014
Barman end Catanzaro/Rfvendetf If -2-
and (3) The Herman Corporation, a California corpoiation, aka Bernian Corporation, including any
successors or assigns of such cut~ties, and fuither assigns to Lender the right to receive directly and
recovei any monies to which Herman is otherwise entitled to receive from said entitics in the event of
default of this Agreenient. Upon execution of this Agreement, Herman agrees to execute such
docutneiits as are required to assign and transfer his ownership mterest in said entities to Lender to be
held Bs security for repayment of the obiigatiotis set forth herein,. Iii thc event any promissory note
paynient hereunder, principal, finance charge or interest, is late. Lender shall have the immediate
right withoiit notice to require that all future payments from said entities set foi sha11
bear mterest o f fifteen percent {15'ro), compounded monthly„until paid in Ml, such sum to be subject
to and secured by all of the security and other provisions of this Agreement. 14. %arrantv of
Authority. Each Patty whose signature is affixed hereto in a representative capacity represents and
warrants that he or she isauthorized to execute this Agreement on behalf of and to bind the entity on
whose behalf his/her sigiiature is affixed.
15. Recitals. Thc recitals contained at the beginmng of this Agreement are hereby
incoiyorated into and a part of this Agreement.
16. Entire @+cement. Except as provided herein, this Agreement contains the entire
agreement of the Parties and supeisedes all existing negotiations, representations or agreements, and
all other oral, mitten or other connnunications between them concerrung the subject matter of this
Agreement. This is an integrated document.
17. 9raftine Considerations. Each Party has had a fu/1.and complete oppoiCuuty to
review this Agreement, as has counsel for each Party. Accordingly, the Parties agree that the
comnion-law principles of construing ambiguities against the drafter shall have no application hereto.
It should be construed fairly and. not in favor of or against one Party as to th» drafter hereof.
Ackno»tedgement,Ivovatian, Agreement
and Strpufat~on September8,20'
Barman and Catamaro /Rrvendeit II - 4.-
18. Facsimile Signatures. This Agieement may be executed by a Party's signature
transniitted by facsimile ("fax") transmission This Agreement executed and delivered by means of
faxed signatures shall have the same force and effect as copies hereof executed and delivered with
original signatures. The Parties may rely upon faxed signatuies as if such signatures were originals
Any Party executing and delivering this Agreement by fax shall promptly thereafter deliver a
counte~ signature page of this Agreement containing said Party's original signature
19. K1ectronic hnatying. The Parties intend to allow for the electronic iinaging and
storage of this Agreement, and tile admissibility mto evidence of such an image in lieu of the original
paper version of this Agreement. The Parties stipulate that any computer printout of any such image
of this Agreement shall be cons~dered to be an "origina)" under ihc applicable court or arbitral rules
of evidence when maintained m the normal course of business and shall be admissible as between the
Parties to the same extent and undei ihe same cortdhtions as other business records maintained in.
paper oi hard copy form. The Parties agree not to contest in any proceeding involving the Parties in
any judicial or other forlun, the admissibility, validity. or enl'orceabihty of any image of this
Agreeinent because of the fact that such image was stored or handled in electronic form.
20. Counterparts and Facsimile Deliverv. This Agreement may be executed m two or
more identical counterparts each of which shall be deemed to be an original and all of which taken
together shall be deemed io constitute this Agreement when a duly authorized repi esentative of each
Party Iiassigned a counterpart. The Parties may sign and deliver this Agreement and any amendment
by facsimile or emai1 transmission. Each Party agrees that the delivery of this Agreement and
amendments by facsimile or email traiismission shall have the same force and effect as delivery of
original signatures and that each Party may use such facsimile or email signatures as evidence of the
execution and delivery of this Agreement or amendment by all Parties to the same extent thai an
original sigiiatule could be used.
21. Jun> Trial Waiver. The Parhes hereby agree to irrevocably waive all rights to a Jury
trial for all claims arising under or related to tlus Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates set
forth hereinafter.
Dated: September ~!~ 2014
By',',zceI
Robert S.
c +
Herman
g,z'M~r/A::Eg~
Dated: September/2-, "014
gy~
Victor M. Catan2Iaro
/ )
Dated. September j~ 2014 r
Rivendell II, Ltd-L@a California limit™edpaiuership
V~ctor M. Catanzaro, general partner
Acknowledgement,Novation, Agreementand Stipulation September 8, 20t4
8erman and CatanzaroIRiiyendett Il -5-
cg.~
820„000.00
FOR VALUE RECEIVED, ROBERT S. BERRQQY (herein "Payor" I promises to pay to VXCTGR M.
CATANZARG. or order, (herein "Holder" ) at 922 South Claremont Street, San Mateo, California,
94402, or such other place as the Holder hereof may from tixne to time designate, the principal
sum of TNENTV THOUSAND OOllOO f820,000.00) DOLLARS with interest thereoxi in like
lawful xnoney from JANUARY 1, 2014 until paid at the rate of TEN (10 00%) PERCENT per
aiinum, simple interest. Payments shall be credited first against interest accruing with the
remaining portion credited first to other charges, if any, then. to prmcipal The Principal balance
shall oe fulIy due and payable JANUARY 1, 2014.
XT XS THE INTENT GP THE PARTIES TRAT NG INTEREST %XLL BE CHARGED FOR THE
PERXGD OF DECEMBER 12, 2013 TKRU DECEMBER 31, 2013.
LATE CHARGE. If any payment or installxxxent or any part thereof is not paid withixi five (5)
days froxii the date due, the undersigned shaH pay a sum equal to TEN (10.00%j of any
installment not paid to the Holder of this Promissory Note as damages for the tixne the money is
withheld, plus administrative costs reasonably related to collecting and accounting for such
installment, it being uriderstood that actual daxnages will be extremely difficult and
impracticable to ascertain. in such event, and at the option of the Holder of this note, without the
necessity of giving notice or dexnand, the same bemg hereby expressly waived, the entire
principal balance, together with interest and all other charges, shall become immediately due
and payable
Principal and interest are payable in lawful xnoxiey of the United States. Ifaction is iristituted on
this note, Payor promises to pay such sum as the Court may fix as attorney's fees, couN costs
and filingfees and experts fees.
PAYQR
A~~".a"
RGBERT S.
('<
BERING
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FOR VALUE RECEIVED, ROBERT 8. BKMGQT (herein "Payor" ) proraises to pay to VMTOR M.
CATANSARG. or ord.er, (herein "Holder") at 922 South Claremont Street, San Mateo, California,
94402, or such other place as the Holder hereof may from time to time designate, the principal
sum of T%'0 THOUSAND — TWO RUMORED 06/100 (82.200.00) DOLLARS with interest
thereon in like lawful money from JUNK 6, 203.4 until paid at the rate of'EN (10.00%)
PERCENT per annum, simple interest. Payments shall be credited first against interest accruing
with the remsining portion credited, Grst to other charges, ifany, then to principal. The Principal
balance shaH be fuHy due and payable JUNE 30, 2014.
KATE CHARGE. If any payment or installment or any part thereof is not paid within Gve (5)
days from the date due, the undersigned sha11 pay a sum ec(ual to TEN (10.00'/o} of any
installment not paid to the Holder of this Promissory Note as damages for the time the money is
withheld, plus admmistrative costs reasonably related to collecting and accounting for such
instaHment, it bemg understood that actual damages will be extremely diincult and
impracticable to ascertain in such event, and at the option of the Holder of this note, without the
necessity of yvmg notice or demand, the same being hereby expressly waived, the entire
principal balarice, together with interest and all other charges, shall become immediately due
and payable
Principal and, interest are payable in lawful mon.ey of the United States. If action is instituted on
this n.ote, Payor promises to pay su.ch sum. as the Court may fix as attorney's fees, court costs
and filingfees and experts fees.
PAYOR
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018,OGQ.OQ SAR MATEO, CM.LFORMA Qccexnber 21, 2O13
FOR VALUE RZCEXVRD, ROBERT 8. RKRMAN (herem "Payor" ) promises to pay to RXVEiiIGELL
D, X TD, or order, {herein "Holder") at 9'22 South Claremont Street, San Mateo, California, 94402,
or such other place as the Holder hereof may from time To time designate, the prmcipal sum of
FIFTEEN THOUSAND 001100 I$ 18,060.00} DOLLARS with interest thereon in like lawful
money from DECEMBER 21, 2013 until paid at the rate of TWELVE ('12.00%) PERCENT per
annum, simple interest. Payments shall be credited first.against iriterest accruing with the
remaming portion credited erst to other charges, ifany, then to principal. The Principal balance
shall be fully due and payable O'ANUARY 10, 2014.
LATE CHARGE. If any payment or installment or any part thereof is not paid wiithin five (5}
days frozn the date due, the undersign.ed shall pay a sum. e«lual to TEN f10.00%} of any
installment not paid to the HoMer of this Promissory Note as damages for the time the money is
withheld, plus administrative costs reasonably related to collecting and accountmg for such
installment, it being understood that actual damages will be extremely difficult and
impracticable to ascertain in such event, and at the option of the Holder of this note, without thc
necessity of giving notice or deznan.d, the same being hereby expressly vvaived, the entire
principal balance, together with interest and aH other charges, shall become immediately due
and payable.
Prmcipsl and interest are payable in lawful money of the United States If action is instituted on
this note, Payor promises to pay such sum as the Court may fix as attorney's fees, court costs
snd King fe s and experts fees.
PAYOR
RQBRRT S. BEMA'
RONALD C. CHAUVEL„ESQ. (SBN 083182) [ron!«bchauveliaw comj
APIUL S. GLATT, ESQ. (SBN 185708) japri1@chauvellaw.corn]
2 CHAUWVL«% GLATT, LI P
66 BQVET ROAD, SUITE 280
3 SAN MATEO. CAI.IFOR'iNIA94402
TELEPHONE: 650-573-9500
4 FACSIMILE. 650-573-9689
6 Attorneys for Plaintiff
Victor M Catanzaro
7
IN TI-IE SUPERIOR COURT OF THE STATE GF CALIFORMA
IN AND FOR THE COUNTY OF SAN MAI'EO
(Unlimited Jurisdiction)
12
D Victor lif, Catanzaro„an mdividual, and Case No.
C ~
~»111r
Rivendell II. Ltd-Lp, a California
14 Limited Partnership STIPULATED JUDGMKNT
15 Plaintiffs.
16 v.
17 Robert S. Beririaii, an individual
Defi.ndant
20 Now cowes PLAINTIFFS VICTOR M. CATANZARO and RIVENDELL II, LTD-LP, a
21 Cahfornia limited partnership {hereafter collectively 'Catanzaro") and DEFENDANT ROBERT
22 S. BERMAN (hereafter "Berman") and stipulate to the followingJudgment;
23 1. Catanzaro and Herman were parties to an Agreement dated September 8 2014
24 (a copy of which is attached hereto and incorporated herein by ieference as Exhibit "A'"), wherein
25 Berman arced to allow Catanzaro to file thisaction and take a Stipulated Judgment agamst
26 Herman in the event Berrnan failed to perform speciQed repayment and other obligations.
silpi!GalD B!f'!ciMEKT EXI-IIBIT 8'
I 2. Berman has failed to adhere to the terms of the Ageement attached hereto as
2 Exhibit'A".
3. Herman is to unrnediately pay Catanzaro the remaining balance owned of
, asouthned in the attached Agreement.
6 Dated September, 2014 CHAUVBLk QLATT, I.LP
By'onald C. Chauvel,
Attorneys for Piauitzff
11 Dated. September ~~2014 ROBERT S. HERMAN, In Pro Per
By:, g;;Le~(.
Robert S. Herman
16 NOW IT IS HEREBY ADJUDGED, ORDERED AND DECREED that judgment be had m
17 favor of Platntiff VICTOR M. CATANZARO and RIVENDELLII, Ltd,-Lp and against Defendant
18 ROBERT S BE~AN in the amount of 5
20 Dated.
24
27
STIPUIA 0 o JUDoMI lvr
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1 APRIL S GLATT, ESQ (SBN 185708) rapril@chauvellaw comj DARINLEVILOFF,ESQ (SBN 172410) tdarm leviloff@yahoo.comj 2 CIIAUVKLdt GLATT, LLP 66 BOVET ROAD, SUITE 280 3 SAN MATEO, CALIFORNIA94402 TELEPHONE. 650-573-9500 P% X K@ 4 FACSIMILE: 650-573-9689 SAR MAZE GOUNVV 0 f I( gj8. . 6 Attorneys for Plaintiffs Q[Qflch is hereby acknowledged, and intending to bc legally bound, the Pmties hereto agree as follov s. AGREEMENT l. Incornoratln of'ecitals. The foregoing recitals are incorporated as part of this Agreement asiffully set forth below, 2. Ackaovtrledzemeat of Promissorv Notes and Regavnient Obligations. Bermau hereby acknowledges, confirms and agrees that he has borrov ed money from Lender on five (5) different occasions and executed f~ve (5) separate promissory notes evidencing said borrowings and repayraent obligations. Herman fuither acknowledges,. confirms and agrees ihat said promissory notes represent legal obligations of Bcrman and that all provisions contained in said promissory notes are valid and iully enforceable a~>'nst him, except as otherwise modified by this Agreement. The five (5) promissory notes described below, with balances due as of August, 22, 2014, are confinried by Bcrman. Herman hereby agrees to make monthly payments, due on the fnst day of each month, on each of said promissory notes as set forth below, said monthly payments to commence on j~ ~teai~ -TP payable each l. 2014. upon succeeding However; execution. month. of this the Parties Agreement. further agree Thereafter the first payment payments shall be due due on hereunder the is due first {1") day and of Acknowledgement, Agreement htovatlon, end StIPuletton rose Septop! ner e, Herman i and Catenzaro Rtvendelt ll Note 4 I m the prmcipal sum of $ 20,000.00 dated December 12, 2013 —balance due as of I august 22, 20 l 4 is $ 24, 1 S2.00with monthly payment obligation of $ 2,012.67; Note P 2 in the prmcipal sum of $ 20,000.00 dated March 5, 2014 —balance due as of August 22, 2014 is $ 23,443 61 with monthly payment obligation of $ 1,95"..63, c Note 03 in the principal sum of $ 2,200,00 dated June 5, 2014 —balance due as of August 22, 2014 is $ 2,498.56 with monthly payment obligation of $ 832.85; Note 4 4 in the principal sum of $ 2,100 00 dated June 20, 2014 —balance due as of August 22, 2014 is $ 2,36127 with monthly payment obligation of $ 787.09, e. Note 4 5 —balance due as of August 22, 2014 is $ 17,999.20 with monthly payment obligation of $ 1,499.93. The Parties further agree the annual interest rate accruing on; i. Note 01 is amended from ten (10.00%) percent to fifteen (15.00%) percent effective July 1S, 2014, and n. Note P2 is amended. from ten (1000%) percent to fifteen (1S.00%) percent eBective July I S,2014, and iii Note P3 is amended from tcn (10.00%) percent to fifteen (15.00%} percent effective July 15, 2014, and iv, Note 84 is amended from twelve (12 00%) percent to fifteen (15 00%) percent effective July 15, 2014. Tho balance due on each said promissory note. including interest and/or finance charges as set forth herein, shall be paid in full no later than February 1, 2015. Each of the above promissory notes is attached hereto as Exhibit "A" and incorporated herein by reference 3. Default j:nterest. In the event any monthly payment required by Section 2, above is more than five (5) days late, a default finance charge of eighteen percent 18.00%), computed and compounded monthly, shall automatically bc assessed and. apply against the entire balance due on all five (5) promissory notes until such time as all payments, including principal and said default interest, are made in full and brought up to date, In. theevent said default finance charge rate is determined to be mvalid for any reason, then tlxemaximlow, LLC, a California limited liabihty company Acknoeiadgement,htevalinn, Agreement and Strpulattnn September 8, 2014 Barman end Catanzaro/Rfvendetf If -2- and (3) The Herman Corporation, a California corpoiation, aka Bernian Corporation, including any successors or assigns of such cut~ties, and fuither assigns to Lender the right to receive directly and recovei any monies to which Herman is otherwise entitled to receive from said entitics in the event of default of this Agreenient. Upon execution of this Agreement, Herman agrees to execute such docutneiits as are required to assign and transfer his ownership mterest in said entities to Lender to be held Bs security for repayment of the obiigatiotis set forth herein,. Iii thc event any promissory note paynient hereunder, principal, finance charge or interest, is late. Lender shall have the immediate right withoiit notice to require that all future payments from said entities set foi sha11 bear mterest o f fifteen percent {15'ro), compounded monthly„until paid in Ml, such sum to be subject to and secured by all of the security and other provisions of this Agreement. 14. %arrantv of Authority. Each Patty whose signature is affixed hereto in a representative capacity represents and warrants that he or she isauthorized to execute this Agreement on behalf of and to bind the entity on whose behalf his/her sigiiature is affixed. 15. Recitals. Thc recitals contained at the beginmng of this Agreement are hereby incoiyorated into and a part of this Agreement. 16. Entire @+cement. Except as provided herein, this Agreement contains the entire agreement of the Parties and supeisedes all existing negotiations, representations or agreements, and all other oral, mitten or other connnunications between them concerrung the subject matter of this Agreement. This is an integrated document. 17. 9raftine Considerations. Each Party has had a fu/1.and complete oppoiCuuty to review this Agreement, as has counsel for each Party. Accordingly, the Parties agree that the comnion-law principles of construing ambiguities against the drafter shall have no application hereto. It should be construed fairly and. not in favor of or against one Party as to th» drafter hereof. Ackno»tedgement,Ivovatian, Agreement and Strpufat~on September8,20' Barman and Catamaro /Rrvendeit II - 4.- 18. Facsimile Signatures. This Agieement may be executed by a Party's signature transniitted by facsimile ("fax") transmission This Agreement executed and delivered by means of faxed signatures shall have the same force and effect as copies hereof executed and delivered with original signatures. The Parties may rely upon faxed signatuies as if such signatures were originals Any Party executing and delivering this Agreement by fax shall promptly thereafter deliver a counte~ signature page of this Agreement containing said Party's original signature 19. K1ectronic hnatying. The Parties intend to allow for the electronic iinaging and storage of this Agreement, and tile admissibility mto evidence of such an image in lieu of the original paper version of this Agreement. The Parties stipulate that any computer printout of any such image of this Agreement shall be cons~dered to be an "origina)" under ihc applicable court or arbitral rules of evidence when maintained m the normal course of business and shall be admissible as between the Parties to the same extent and undei ihe same cortdhtions as other business records maintained in. paper oi hard copy form. The Parties agree not to contest in any proceeding involving the Parties in any judicial or other forlun, the admissibility, validity. or enl'orceabihty of any image of this Agreeinent because of the fact that such image was stored or handled in electronic form. 20. Counterparts and Facsimile Deliverv. This Agreement may be executed m two or more identical counterparts each of which shall be deemed to be an original and all of which taken together shall be deemed io constitute this Agreement when a duly authorized repi esentative of each Party Iiassigned a counterpart. The Parties may sign and deliver this Agreement and any amendment by facsimile or emai1 transmission. Each Party agrees that the delivery of this Agreement and amendments by facsimile or email traiismission shall have the same force and effect as delivery of original signatures and that each Party may use such facsimile or email signatures as evidence of the execution and delivery of this Agreement or amendment by all Parties to the same extent thai an original sigiiatule could be used. 21. Jun> Trial Waiver. The Parhes hereby agree to irrevocably waive all rights to a Jury trial for all claims arising under or related to tlus Agreement. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates set forth hereinafter. Dated: September ~!~ 2014 By',',zceI Robert S. c + Herman g,z'M~r/A::Eg~ Dated: September/2-, "014 gy~ Victor M. Catan2Iaro / ) Dated. September j~ 2014 r Rivendell II, Ltd-L@a California limit™edpaiuership V~ctor M. Catanzaro, general partner Acknowledgement,Novation, Agreementand Stipulation September 8, 20t4 8erman and CatanzaroIRiiyendett Il -5- cg.~ 820„000.00 FOR VALUE RECEIVED, ROBERT S. BERRQQY (herein "Payor" I promises to pay to VXCTGR M. CATANZARG. or order, (herein "Holder" ) at 922 South Claremont Street, San Mateo, California, 94402, or such other place as the Holder hereof may from tixne to time designate, the principal sum of TNENTV THOUSAND OOllOO f820,000.00) DOLLARS with interest thereoxi in like lawful xnoney from JANUARY 1, 2014 until paid at the rate of TEN (10 00%) PERCENT per aiinum, simple interest. Payments shall be credited first against interest accruing with the remaining portion credited first to other charges, if any, then. to prmcipal The Principal balance shall oe fulIy due and payable JANUARY 1, 2014. XT XS THE INTENT GP THE PARTIES TRAT NG INTEREST %XLL BE CHARGED FOR THE PERXGD OF DECEMBER 12, 2013 TKRU DECEMBER 31, 2013. LATE CHARGE. If any payment or installxxxent or any part thereof is not paid withixi five (5) days froxii the date due, the undersigned shaH pay a sum equal to TEN (10.00%j of any installment not paid to the Holder of this Promissory Note as damages for the tixne the money is withheld, plus administrative costs reasonably related to collecting and accounting for such installment, it being uriderstood that actual daxnages will be extremely difficult and impracticable to ascertain. in such event, and at the option of the Holder of this note, without the necessity of giving notice or dexnand, the same bemg hereby expressly waived, the entire principal balance, together with interest and all other charges, shall become immediately due and payable Principal and interest are payable in lawful xnoxiey of the United States. Ifaction is iristituted on this note, Payor promises to pay such sum as the Court may fix as attorney's fees, couN costs and filingfees and experts fees. PAYQR A~~".a" RGBERT S. ('< BERING ~-&~i~'AMYL ~ 1 aii5652 DK E 7:Tb8'f 0 0't '"r 2 0."T i~ ~ ~1 5'1+VQ ~M, gOI '1 WX IWlosCVJ~ i ~m>RCaeerO Wh 4ll CCl1~SI INh% I JBDJOUe,~~+) l.N Irl 'VO 'SamNI ue5 oo~p>g)~g5$ ~ IrtuQIB 00$ pf 1 g '.os 5K% > gi~~t'~'Qc~Q~ - VHQQe ' ~ 3'&3,bQ CT i MQ<+ :lO 5RQ'aOBB L 3 '03LYNNY5 'e zrzT-rDTit 6 PAY Pi'IVY5Z6 OHVZNVj.'V38 ZHOPl MVKKZR 8 Z;SRKOK J saag s+xa de pue saag 3Ixffg plxe sasoo Wnoo 'saaJ s,fauxoX>v se xg Xmz ~snop aqua se uxns qons Led o~ sasrrxxoxd xoEeg 'Q~ou spy uo pagxLTg.sur sr uorioe J) *saqegg pagrug mp Jo Zauorxz pgemt ur QTqeZed axe ~saxa~ur pue p:dnrxrxg ayqeXr.d pun anp Zyagerpauxurr auxooaq ~qs 'SQSxezp xa~o tIS pue gsaxagur agre xa~aSO> 'aoueTeq pedroutzd axcIua 'pa~rewx ZTssaxdMQ Zqaxaq Smaq aures 'pueuxap xo ao~ou ButaxB Jo fi>rssavarx Qtp aqua undo gona rq ure~osz oi a~qeopoexdrrzr a~ pue qons ~no~an. pTnorgxp XOJ 'azou srcp Jo Zparua~a S~unoooe xapyoH prxe aq ~wg. Jo SrxrToagoo saleaxep og ax@ pagetax. ge pue p.rLToe Ztqeuoseax '.qua~a gag. poogsxapun SXsoo Suraq ahgamsrrxrrxzpe pr 'pxrarxqteysur sntd 'ppqrTT~ sr Zauouz a~ auzq. Qxp xoJ salerxxep se agog Mossrruo~ sxLg. go xapyoH ax@, o> pred you qrratrqp.assur Eue go t~j~oo Oy) g@g, og ~ha uxns e Eed geqs pwzSrsxapun aqua 'anp agvp a~ rrxoxI'Xep (g) aug ur~rixr pred you sr goaxa~ ~d Rue xo >rxarxqgysur xo guaazked fiue gy QQKVHQ Q~'J.V I .yTOg 'Og gsdv a~qeked pue anp XTtnJ Qq qeqs aoue~q ~drourxg aqua .Iedrourxd og ua~ 'Sue gr 'sa xeqo xaql.o o> >sxg pa>rpaxo uorixod Surnzooe qsaxaxur gsureSe ~sag pagrpaxo aq tteqs sxuarxxEeg gsaxapq a~drzrrs 3rxrurerxxax at@ qua. 'urnuue sad @M@g~~g (%0O-Oy} M@@ go agzx a~ ge pred tTrun yy pg 'g qoxeyr. Txxog fiarroa- «n~e[ Smmea (OO OOO'Ore OOr/Oo amVsaOHS, XZmxeZ, So ~ns tedrorxrxd QLg 'QQBYSrsap aurri,og auxq. TxxoxJ Eetxx JoaXaq Zap/oH'TQ sg ao'Bt'd Ratio qorrs xo 'QO.~Q KrEIopjBQ 'oafepjf ueg ')Qa+$ )uouraxe'tg 1'gnoa ggg $8 („Jap'to+„uraxaq) xapxo xo O~ggfp JpQ .~ ~Ogg~ o> Red OZ sasroxoxd („xofiag„uraxaq) ~~@g -S g~pgO~ 'Tm~gg~ gp,"A(A +08 FOR VALUE RECEIVED, ROBERT 8. BKMGQT (herein "Payor" ) proraises to pay to VMTOR M. CATANSARG. or ord.er, (herein "Holder") at 922 South Claremont Street, San Mateo, California, 94402, or such other place as the Holder hereof may from time to time designate, the principal sum of T%'0 THOUSAND — TWO RUMORED 06/100 (82.200.00) DOLLARS with interest thereon in like lawful money from JUNK 6, 203.4 until paid at the rate of'EN (10.00%) PERCENT per annum, simple interest. Payments shall be credited first against interest accruing with the remsining portion credited, Grst to other charges, ifany, then to principal. The Principal balance shaH be fuHy due and payable JUNE 30, 2014. KATE CHARGE. If any payment or installment or any part thereof is not paid within Gve (5) days from the date due, the undersigned sha11 pay a sum ec(ual to TEN (10.00'/o} of any installment not paid to the Holder of this Promissory Note as damages for the time the money is withheld, plus admmistrative costs reasonably related to collecting and accounting for such instaHment, it bemg understood that actual damages will be extremely diincult and impracticable to ascertain in such event, and at the option of the Holder of this note, without the necessity of yvmg notice or demand, the same being hereby expressly waived, the entire principal balarice, together with interest and all other charges, shall become immediately due and payable Principal and, interest are payable in lawful mon.ey of the United States. If action is instituted on this n.ote, Payor promises to pay su.ch sum. as the Court may fix as attorney's fees, court costs and filingfees and experts fees. PAYOR 8OAVd saag sgzadxa pue san) RxT[g pue s>soo ~noo *saaJ s,Eauzogge se xg Ahrux ~nog a~ se urus qons Red og sashurozd zoÃsg 'a>ou sag uo pain>hhsur sh uogoh. J( sage~s pahhug are go XauoUz (nJme( uh a(qeZed aze gsazagur phm (sdhourzg pred (nun za~~aza~ anuquoo pue yTOg 'gy Z(nycto s~ Shrrpuezs>no aoue(er( pTedun w~ gsureSe anxooh: pue yI pg 'qy g(np ro st aarroaga gM@g~@g (00 gg } Mgg~g o4 LMSQHZd (%00 Olt MZg, huog ZsnEph.'XT(eorl~uxoZnv gr~ agou sag go agsz gsazayuh aqua 'a0'8P 4rxnWeux aq(- azogar( -ro uo phed you aze gsazaZuh pue Tedrourzd Quahog aug. Tg 'QJ~ J +QYfggQ ayr(eLed pue anp Zyahshpauxuxh auxooaq ((eqs 'saSzeqo zambo Tg phxe gsazaquh ~m. zwpalo> 'aouh:(eq (edhouhxd azr(ua mg 'pa~rem E(ssazdxa Zqazaq Buhaq aures aqua 'pueuxap zo aopou Buh~v3 go L>hssavau aug ~nor@~ 'a>ou sap Jo zap(oH aqua To uopdo mp ge pue '.guava qons uh ~zaosh. o> a(qsogoh.'zduxh pue Zyno~rp Zyauza~a aq (Trm saSzuxep (h.zuoh. ps~ poogszaphxn Suhaq gh 'Zuaur((ehsur qons zog Suryunooos pue Bur>oooo oy page(az htqeuosh.az sgsoo aa~h.~sruhhxxpv srqd 'p(aqtpm sr Zauoux at@. aurhq. ax@ zog salerxrep se a>og cQossuhxozd sap go zap(oH arg. o> paid ~ou guahu((eZsuh Rue yo (oj,OO.OT) ~@g o> (enba uxns h Zsd ((eqs pauSrszapun wp 'anp ahhhp asap huozJ shzp (gj aug hoq(m. phed you sh Joaza~ ized Sue zo >ua~sur, zo >uaarXed e („zap(oH„urazaq) 'zapzo zo '0~V'ZgVgVD X% KOLA o4 ~ed o4 sa«ur«d („»~>d„uhazaqL MVSMS8 8 LHSSOR 'GZAIZDZB 3MVA'KGB 018,OGQ.OQ SAR MATEO, CM.LFORMA Qccexnber 21, 2O13 FOR VALUE RZCEXVRD, ROBERT 8. RKRMAN (herem "Payor" ) promises to pay to RXVEiiIGELL D, X TD, or order, {herein "Holder") at 9'22 South Claremont Street, San Mateo, California, 94402, or such other place as the Holder hereof may from time To time designate, the prmcipal sum of FIFTEEN THOUSAND 001100 I$ 18,060.00} DOLLARS with interest thereon in like lawful money from DECEMBER 21, 2013 until paid at the rate of TWELVE ('12.00%) PERCENT per annum, simple interest. Payments shall be credited first.against iriterest accruing with the remaming portion credited erst to other charges, ifany, then to principal. The Principal balance shall be fully due and payable O'ANUARY 10, 2014. LATE CHARGE. If any payment or installment or any part thereof is not paid wiithin five (5} days frozn the date due, the undersign.ed shall pay a sum. e«lual to TEN f10.00%} of any installment not paid to the HoMer of this Promissory Note as damages for the time the money is withheld, plus administrative costs reasonably related to collecting and accountmg for such installment, it being understood that actual damages will be extremely difficult and impracticable to ascertain in such event, and at the option of the Holder of this note, without thc necessity of giving notice or deznan.d, the same being hereby expressly vvaived, the entire principal balance, together with interest and aH other charges, shall become immediately due and payable. Prmcipsl and interest are payable in lawful money of the United States If action is instituted on this note, Payor promises to pay such sum as the Court may fix as attorney's fees, court costs snd King fe s and experts fees. PAYOR RQBRRT S. BEMA' RONALD C. CHAUVEL„ESQ. (SBN 083182) [ron!«bchauveliaw comj APIUL S. GLATT, ESQ. (SBN 185708) japri1@chauvellaw.corn] 2 CHAUWVL«% GLATT, LI P 66 BQVET ROAD, SUITE 280 3 SAN MATEO. CAI.IFOR'iNIA94402 TELEPHONE: 650-573-9500 4 FACSIMILE. 650-573-9689 6 Attorneys for Plaintiff Victor M Catanzaro 7 IN TI-IE SUPERIOR COURT OF THE STATE GF CALIFORMA IN AND FOR THE COUNTY OF SAN MAI'EO (Unlimited Jurisdiction) 12 D Victor lif, Catanzaro„an mdividual, and Case No. C ~ ~»111r Rivendell II. Ltd-Lp, a California 14 Limited Partnership STIPULATED JUDGMKNT 15 Plaintiffs. 16 v. 17 Robert S. Beririaii, an individual Defi.ndant 20 Now cowes PLAINTIFFS VICTOR M. CATANZARO and RIVENDELL II, LTD-LP, a 21 Cahfornia limited partnership {hereafter collectively 'Catanzaro") and DEFENDANT ROBERT 22 S. BERMAN (hereafter "Berman") and stipulate to the followingJudgment; 23 1. Catanzaro and Herman were parties to an Agreement dated September 8 2014 24 (a copy of which is attached hereto and incorporated herein by ieference as Exhibit "A'"), wherein 25 Berman arced to allow Catanzaro to file thisaction and take a Stipulated Judgment agamst 26 Herman in the event Berrnan failed to perform speciQed repayment and other obligations. silpi!GalD B!f'!ciMEKT EXI-IIBIT 8' I 2. Berman has failed to adhere to the terms of the Ageement attached hereto as 2 Exhibit'A". 3. Herman is to unrnediately pay Catanzaro the remaining balance owned of , asouthned in the attached Agreement. 6 Dated September, 2014 CHAUVBLk QLATT, I.LP By'onald C. Chauvel, Attorneys for Piauitzff 11 Dated. September ~~2014 ROBERT S. HERMAN, In Pro Per By:, g;;Le~(. Robert S. Herman 16 NOW IT IS HEREBY ADJUDGED, ORDERED AND DECREED that judgment be had m 17 favor of Platntiff VICTOR M. CATANZARO and RIVENDELLII, Ltd,-Lp and against Defendant 18 ROBERT S BE~AN in the amount of 5 20 Dated. 24 27 STIPUIA 0 o JUDoMI lvr