EPSTEIN V. ROTHSTEIN 80743

EPSTEIN V. ROTHSTEIN 80743 Index of VOLUME VII of Conrad, Scherer documents on disks Category Date Description To From Bates Nos. Notes Conrad Scherer docs 11/3/09 Banyon 11/3/09 Update Ballamore Capital Communications Christopher Boyle Bill Dowd Ed Spofford Larry Rovin Trisia Kavka-Coogan Ballamore Capital Communications PRODC 000171 Banyon believes that Scott Rothstein had assistance from TD Bank Officials in his illegal withdrawal of funds. Banyon has retained law firm to represent it and has made formal demand on TD Bank for recovery of misappropriated funds, etc. 11/6/09 Banyon 11/6/09 Update Ballamore Capital Communications Christopher Boyle Bill Dowd Ed Spofford Larry Rovin Trisia Kavka-Coogan Ballamore Capital Communications PRODC 000172 Ballamor has retained law firm of Saul Ewing, etc. 11/10/09 Banyon 11/10/09 Update Ballamore Capital Communications Christopher Boyle Bill Dowd Larry Rovin Trisia Kavka-Coo an Ballamore Capital Communications PRODC 000173 Confidential Update from Banyon - 11/9/10 - Banyon sought to protect its funds through multiple redundancies, including protections instituted by TD Bank, one of the top-15 commercial banks in the United States - We intend to take aggressive legal action a ainst TD Bank directl , etc. 11/23/09 Banyon Update - 11/23/09 Ballamore Capital Communications Christopher Bo le Ballamore Capital Communications PRODC 000174 thru 000175 Clients - lawsuit filed by an investor group led by Douglas Von Allmen against Rothstein, TD Bank and certain RRA and TD Bank ersonnel - Ballamore EFTA01106478 Category Date Description To 11Om Bates Nos. Notes Bill Dowd Trisia Kavka-Coogan briefly referred to in the complaint as the party who introduced Von Allmen to the investment, etc. Lenders and Investors - Scherer who represents a collection of RRA investors filed a lawsuit against Scott Rothstein, TD Bank...He also chose to name Banyon's Frank Preve in the suit, etc. 12/1/09 Banyon Update Letter 11/30/09 Ballamore Capital Communications Christopher Boyle Bill Dowd Larry Rovin Trisia Kavka-Coogan Ballamore Capital Communications PRODC 000176 thru 000178 Amended lawsuit that include George Levin as a defendant - Complaint makes several unsubstantiated claims about Levin that we want to directly address, etc. 12/4/09 Banyon Update - 12/4/09 Ballamore Capital Communications Christopher Boyle Bill Dowd Larry Rovin Trisia Kavka-Coogan Ballamore Capital Communications PRODC 000179 We have over the last month been urging George Levin at Banyon to start taking appropriate actions to protects your interests - We have become frustrated by slow visible progress, etc. 12/8/09 Banyon Update - 12/8/09 Ballamore Capital Communications Christopher Boyle Bill Dowd Larry Rovin Trisia Kavka-Coogan Ballamore Capital Communications PRODC 000180 thru 000182 Attached is communication we received from Banyon regarding their retention of litigation counsel - firm selected has an excellent reputation - Colson Hicks Eidson. 12/17/09 Banyon Update - 12/16/09 Ballamore Capital Communications Christopher Boyle Bill Dowd Ballamore Capital Communications PRODC 000183 thru 000184 Our lawyers are currently working around the clock to uncover the details and conduct the due diligence that will necessitate the next steps in the legal process. EFTA01106479 Category Date Description To From Bates Nos. Notes Larry Rovin Trisia Kavka-Coogan 12/18/09 Banyon Update - 12/18/09 Ballamore Capital Communications Christopher Boyle Bill Dowd Larry Rovin Trisia Kavka-Coogan Ballamore Capital Communications PRODC 000185 thru 000186 Banyon's counsel intends to pursue three sources of recovery: insurance proceeds, proceeds from the bankruptcy proceedings, and recovery from TD Bank. 12/28/09 Banyon Update - 12/28/09 Ballamore Capital Communications Christopher Boyle Bill Dowd Larry Rovin Trisia Kavka-Coogan Ballamore Capital Communications PRODC 000187 thru 000191 We believe that the proper course of action at this time based on the information we have is to permit Levin and Banyon to pursue the claims against Rothstein the law firm, TD Bank and others, etc. - Attached is letter to Levin - Ballamor has asked you several times how you plan to respond to this loss of Banyon funds and proactively pursue recovery - To date, you have not provided a definitive answer - we demand that you provide us with information and documents by 12/18/09. 12/31/09 Banyon Update - 12/21/09 Ballamore Capital Communications Christopher Boyle Bill Dowd Larry Rovin Trisia Kavka-Coogan Ballamore Capital Communications PRODC 000192 Based on conversations with Banyon's counsel we feel Banyon is making satisfactory progress to provide information to the US attorney's office and that has been the focus of Banyon's efforts, etc. 3/26/2010 Banyon Update - March 26, 2010 Ballamore Capital Communications Christopher Boyle Bill Dowd Larry Rovin Ballamore Capital Communications PRODC 000193 thru 000194 Banyon has been receiving voluminous discovery from TD Bank via the Razorback lawsuit - received extensive documentation on all of the RRA trust accounts and they are in the process of mapping out the money flows in these accounts, etc. EFTA01106480 Category Date Description To From Bates Nos. Notes Trisia Kavka-Coogan 10/20/09 Tax Indemnity Agreement PRODC 000195 thru 000198 & PRODC 000216 thru 000219 Between the Von Allmens' and Bank of America - $1,000,000.00. 10/20/09 Trust Authority Letter PRODC 000199 thru 000200 & PRODC 000220 thru 000221 Between the Von Allmens' and Bank of America. 10/20/09 Security Agreement (Deposit Accounts - Specific) PRODC 000201 thru 000213 & PRODC 000222 thru 000234 Multiple Agreements Between the Von Allmens' and Bank of America with portion of principle amount filled and other with amount in blank, but fully executed. 10/20/09 Board of Governors of the Federal Reserve System Statement of Purpose for an Extension of Credit Secured by Margin Stock (Federal Reserve Form U- 1) PRODC 000214 thru 000215 & PRODC 000235 thru 000236 Between the Von Allmens' and Bank of America $1,000,000.00. 4/21/09 Confidential Settlement Funding - Confidential Memorandum No. PRODG 000001 thru 000048 Exhibit A - Authority to Represent - Contract of Employment. Exhibit B - Confidential Settlement Agreement and General Release. Exhibit C - Sale and Transfer Agreements. Exhibit D - Acknowledgement of dated 4/21/09 EFTA01106481 Category Date Description To 1:1.O111 Bates Nos. Notes Assignment/Purchase of Settlement Proceeds. Additional Supporting Documentation - Emails, assignment of settlement proceeds correspondence, Defense Agreement, Personal Guaranty - All of these documents have been redacted. 3/24/08 Settlement Funding - A Private High Yield Low Risk Activist Investment Strategy - March 3, 2008 Banyon 1030-32, LLC PRODG 000049 thru 000066 5/23/08 Banyon 1030-32, LLC Balance Sheet as of 5/23/08 PRODG 000067 thru 000068 Total Liabilities and Equity as of 5/23/08 - $135,655,308.02 6/13/07 Pavano Dynasty Trust Delegation dated 6/13/07 PRODG 000069 thru 000071 6/13/07 Pavano Dynasty Trust PRODG 000072 000114 8/13/09 Pavano Dynasty Trust - Sparveri, Jr. Trustee - Promissory Note (Investor) PRODG 000115 thru 000119 Replaces Promissory Note 1 for $1,094,240.23 dated 2/14/09. 8/13/09 Security Agreement - Banyon 1030-32, LLC PRODG 000120 thru 000139 Pavano Dynasty Trust 1 dated 6/13/07 Joseph W. Sparveri, Jr., Trustee. 10/26/09 Re: Pavano III Rollover Joseph W. Sparveri Jr. Chantal Preve PRODG 000140 thru 000141 & PRODG 000700 Attachments Pavano III IS 10/25/09 pdf. (investment confirmation receipt) 10/21/09 Re: Pavano III Chantal Preve Frank Preve Joseph W. Sparveri Jr. PRODG 000142 & email chain - This note matures on or about 10/25/09 for $1MM - Kindly roll it over for another six months EFTA01106482 Category Date Description To From Bates Nos. Notes Joe DeSilva PRODG 000143 & PRODG 000220 thru 000221 & PRODG 000630 & PRODG 000631 & PRODG 000698 & PRODG 000699 with interest paid. 9/29/09 FW: Banyon Joe DeSilva Chantal Preve F. Preve PRODG 000144 & PRODG 000229 thru 000230 send me a note when LaBonte's wire hits so I can confirm to him that we got it, etc. 9/29/09 FW: Banyon Joe DeSilva Joseph Sparveri Jr. F. Preve Chantal Preve PRODG 000144 & PRODG 000229 thru 000230 I need to be totally sure about crediting the $250,000 received today to the right Promissory Note in the name of Roland G. LaBonte. 9/16/09 Re: Pavano VI Joseph W. Spaveri Jr. F. Preve Chantal Preve PRODG 000145 note matures 9/29/09 for $2MM - roll it over for another six months with interest paid monthly. 9/16/09 Re: Pavano VI Joseph W. Spaveri Jr. F. Preve Chantal Preve PRODG 000145 consider it done - will send you the update and note around the 29th. 8/19/09 Pavano I & II Chantal Preve Joseph W. Sparveri Jr. PRODG 000146 thru 000147 did you send me the new notes for these rollovers? EFTA01106483 Category Date Description To From Bates Nos. Notes 8/26/09 Pavano I & II Joseph W. Spaveri Jr. Chantal Preve PRODG 000146 thru 000147 & PRODG 000148 thru 000149 For sure one of them was signed by George who came back for a day during my absence. 8/13/09 Pavano Chantal Preve Sparveri PRODG 000150 thru 000151 Please confirm today's wire and let me asap when I will get a response to my requests concerning the company. 8/26/09 Re: Pavano Sparveri Chantal Preve PRODG 000150 thru 000151 have been away from office recovering - I hope Frank was able to get your request done. 8/26/09 Re: Pavano Chantal Preve Spaveri PRODG 000150 thru 000151 & PRODG 000152 thru 000153 I assure you all good but have not had the time to do in depth response to share with you. 8/3/09 Pavano Chantal Preve Sparveri PRODG 000154 thru 000156 There are 2 notes which mature this month - is there any current financial information you can provide, etc. 8/5/09 Re: Pavano Spaveri F. Preve Joe DeSilva Chantal Preve PRODG 000154 thru 000156 Pavano 1 & 2 have been rolled over and are awaiting George's signature, etc. 8/5/09 Labonte III Withdrawal of $400K from Principal Spaveri F. Preve Joe DeSilva Chantal Preve PRODG 000157 thru 000158 & PRODG 000159 & PRODG 000160 thru 000161 We are wiring the funds as you requested for $400,000.00 - investment confirmation receipt attached. 1/27/10 Link to today's Rothstein's Joe DeSilva Joe DeSilva PRODG 000162 After I sent out my earlier note, I came across this link EFTA01106484 Category Date Description To From Bates Nos. Notes court appearance on today's activity - www.sun- sentinel.com/ news/ broward/rothstein/ fl-rothstein- plea-20100127.0.2736583.story 1/27/10 Rothstein Sentencing Joe DeSilva Joe DeSilva PRODG 000163 expecting the sentencing of Rothstein today - just heard after pleading guilty to 5 charges, sentencing postponed until May - Attorney friend and Banyon investor feels the reason for delay is because he cooperates and is most likely naming names. 1/21/09 Re: Testing 1..2..3.. Sparveri Joe DeSilva PRODG 000164 Email thread regarding the testing / uploading of a file through sharefile. 1/20/09 Banyon George Levin F. Preve Joe DeSilva Sparveri PRODG 000165 provide update as to getting investors paid - insurance proceeds? Suit against TD Bank? Suit against others? 1/20/09 Banyon Sparveri George Levin F. Preve Joe DeSilva PRODG 000165 I am told that the law firm is in the process of releasing a web site for everyone to have access to with a password - I encourage you to keep in phone contact with George and or Frank. 1/06/08 Banyon News Joe DeSilva Joe DeSilva PRODG 000166 for those of you who may not have read or heard this news as of this morning, please visit this link - www.miamiherald.com/news/breaking-news- fullstory/story/1411878.html 12/16/09 Banyon Update - 12/16/09 ? Laura Sherman PRODG 000167 Please find attached Banyon Update Letter for 12/16/09. 12/16/09 FW: Banyon Update - 12- 16-09 Joe DeSilva Joe DeSilva PRODG 000167 I would like to add some observation to the letter just sent out from Banyon - Some communication is better than none...George was insistent all day on getting something to all of us - the office continues to be taken over by a group of forensic accountants hired by Banyon, etc. EFTA01106485 Category Date Description To From Bates Nos. Notes 12/14/09 Joe DeSilva Joe DeSilva Joe DeSilva PRODG 000168 Colson and Hicks, has directed the Principals of Banyon to hold off sending any correspondence, email or otherwise out for an indefinite amount of time - George continues to be committed to keeping us all apprised on what is happening, etc. 12/16/09 Re: Colson Hicks Eidson Update Banyon Colleagues The Banyon Group PRODG 000169 It is important to us that all who were involved in the execution of this fraud are brought to justice, and we are doing our part to further that objective. 12/14/09 Joe DeSilva Joe DeSilva Joe DeSilva PRODG 000170 Duplicate of 000168 - Colson and Hicks, has directed the Principals of Banyon to hold off sending any correspondence, email or otherwise out for an indefinite amount of time - George continues to be committed to keeping us all apprised on what is happening, etc. 12/8/09 Banyon Release Joe DeSilva Joe DeSilva PRODG 000171 thru 000173 computer lines still down i the office in Ft. Lauderdale, so I had them fax me a copy of the release with today's date - I hope you find the news as encouraging as I do - it appears Banyon is taking the more aggressive approach toward resolution. Banyon 12/7 Release pdf attached. 12/7/09 Banyon Update Bulletin Tomorrow Morning Joe DeSilva Joe DeSilva PRODG 000174 & PRODG 000175 I understand today's update Release is scheduled to announce the formation of the Banyon Team which has been organized to move the issues at hand forward. 11/30/09 FW: Banyon Update Letter - 11/30/09 Joe DeSilva Joe DeSilva PRODG 000176 thru 000178 If you are just receiving this from me, let me know so that I can make sure that Laura has you included on her master list - November 30, 2009 Letter - amended lawsuit includes Levin - Levin did not know that Scott Rothstein was operating a Ponzi scheme, etc. EFTA01106486 Category Date Description To From Bates Nos. Notes 11/25/09 Joe DeSilva Joe DeSilva Joe DeSilva PRODG 000179 I, like you continue to be concerned as to the ultimate outcome - to date I have no reason other than to remain positive and hopeful. 11/23/09 Banyon Phone Numbers Joe DeSilva Joe DeSilva PRODG 000180 Here are the phone numbers you should be using - George's cell Frank's cell Office - 11/23/09 From Banyon Joe DeSilva Joe DeSilva PRODG 000181 thru 000182 Banyon ltr 11/23 - By dragging Mr. Preve into his complaint, Mr. Scherer revealed a shocking failure to investigate his case - as this release explains, Scherer appears to be more concerned with getting his name in the media and attracting potential new clients than he is about understanding the basic facts. 11/18/09 Banyon Visit Joe DeSilva Joe DeSilva PRODG 000183 Frank is back in the office and addressing the requests and needs of the Banyon legal team. 11/16/09 This Weeks Banyon Update Joe DeSilva Joe DeSilva PRODG 000184 thru 000185 11/16/09 Confidential Update from Banyon - Banyon's investigation of the role played by Toronto Dominion Bank continues to develop substantial evidence pointing the finger at the bank as a key player in these events. 11/12/09 Banyon Joe DeSilva Sparveri PRODG 000186 Joe Sparveri has requested that you upload a file throw h ShareFile. 11/12/09 Banyon Sparveri Joe DeSilva PRODG 000186 It said the file was uploaded so I am assuming it went to you. 11/12/09 Re: Joe DeSilva Sparveri Joe DeSilva PRODG 000187 thru 000188 George just returned my call... He will get proof of covers e out to ou before he leaves the office a ain. 11/12/09 Re: Joe DeSilva Sparveri Joe DeSilva PRODG 000187 thru 000188 & Email thread requesting policy be sent via ShareFile system, etc. EFTA01106487 Category Date Description To From Bates Nos. Notes PRODG 000189 thru 000191 11/12/09 Joe DeSilva Sparveri Joe DeSilva PRODG 000192 they will get you sometime today, at least a declaration page since they don't want the policy out there. 11/12/09 Joe DeSilva Joe DeSilva Joe DeSilva PRODG 000193 I say that predicated on the fact that all of our outstanding notes should be more than covered by a $70M insurance policy against the law firm - I believe we are in a good position - George is pushing for that policy to be paid asap - everyone awaits TD Bank's position which would appear by all accounts to be an accessory at least for unauthorized release of trust funds. 11/9/09 Banyon Update Joe DeSilva Joe DeSilva PRODG 000194 thru 000195 11/9/09 Confidential Update from Banyon - Banyon sought to protect its funds through multiple redundancies, including protections instituted by TD Bank, one of the top 15 commercial banks in the US - We intend to take aggressive legal action against TD Bank directly. 11/9/09 Banyon Information Joe DeSilva Joe DeSilva PRODG 000196 thru 000197 Banyon has been told by their attorneys to reconsider launching any website - fearful that even with password it will hit the newspapers and internet. 11/9/09 FW: Banyon Information Joe DeSilva Sparveri PRODG 000196 thru 000197 & PRODG 000198 My emails to you are being caught up in your Barracuda Spam filter. 11/9/09 Re: Banyon Information Joe DeSilva Sparveri PRODG 000196 thru 000197 I have had no response to our note payoffs - where is our money? 11/9/09 Re: Banyon Information Sparveri Joe DeSilva PRODG 000196 I of course, don't know - I am guessing everything is EFTA01106488 Category Date Description To From Bates Nos. Notes thru 000197 being frozen - Put another call into Frank or George. 11/8/09 Resending - Banyon Joe DeSilva Joe DeSilva PRODG 000199 I was invited to Ft. Lauderdale today because a strategy meeting was taking place - Banyon is finalizing the makeup of its legal team. 11/8/09 Resending - Banyon Joe DeSilva Joe DeSilva PRODG 000199 Our ends are joined by a common link; with one we sit, with one we think - Success depends on which we use, Heads we win, tails we lose! 11/6/09 Sparveri Note Chantal Preve Joe DeSilva Frank Preve Sparveri PRODG 000200 thru 000201 & PRODG 000241 thru 000242 Our note matures today, 11/6/09 - we would like payment of $150,000 principal together with the accrued interest. 11/6/09 Re: Sparveri Note Sparveri Joe DeSilva PRODG 000200 thru 000201 Frank and George were scheduled to be with attorneys for most of the day, they are trying to get the suit filed against the Bank today. 11/5/09 Important: Wall Street Journal Article Joe DeSilva Joe DeSilva PRODG 000202 thru 000204 This article was put together in conjunction with the PR firm hired by Banyon - The Wall Street Journal - 11/5/09 - Investors Blame Bank's Actions in Alleged Fraud - B Nathan Ko l 11/4/09 Banyon Update Joe DeSilva Joe DeSilva PRODG 000205 The general belief and agreement is that the Bank should be the center of our attention and it was determined that since the Bank has not come forward...to acknowledge which appear to be questionable practices, a suit needed to be filed asap and that is the focus of the steerin ou . 11/3/09 Banyon Joe DeSilva Joe DeSilva PRODG 000206 thru 000207 & PRODG 000210 Things looking a hell of a lot better than last night - meetings taking place and feedback that I am getting is very good. EFTA01106489 Category Date Description To From Bates Nos. Notes 11/3/09 Re: Banyon Joe DeSilva Richard Bruno PRODG 000206 thru 000207 I got that impression talking to Frank a few minutes ago - apparently Rothstein is back in town, which I hope is good news, etc. 11/3/09 Re: Banyon Richard Bruno Sparveri Chad LaBonte Joe DeSilva PRODG 000206 thru 000207 & PRODG 000208 thru 000209 I can't explain in detail but I can tell you this is some group George has put together - they had tracked Rothstein's whereabouts out of the country, followed the plane on "plane tracker", etc. There are things going on that I am not a part of. 11/3/09 Frank (Banyon's) Cell Phone Joe DeSilva Joe DeSilva PRODG 000211 954-482-2135 11/3/09 Banyon Joe DeSilva Joe DeSilva PRODG 000212 My understanding is that Levin is going to attempt to reach out to all of you by phone - My suggestion to each of you...is to put a call into the office for George or Frank. 11/2/09 Re: Important Notification Letter from Banyon Joe DeSilva Joe DeSilva PRODG 000213 thru 000214 & PRODG 000217 thru 000218 & PRODG 000340 thru 000341 I received the attached letter from Banyon - signed by Levin - I know no more than the letter states - George assures me that our interests are protected, etc. - Letter attached to 000217 - We have just been notified RRA is unable to account for certain trust funds - These funds may have been included in law firm trust accounts that flow directly to Banyon entities as repayment of purchased settlements. 11/2/09 Re: Important Notification Letter from Banyon Joe DeSilva Joe DeSilva PRODG 000213 thru 000214 & PRODG 000215 thru 000216 & As George's letter had noted he contacted the US Attorney's Office when Banyon had gotten word that there may be an issue with "certain" attorney trust accounts - If you call Frank, the answer you are going to get is that he is not available which is understandable as they are attempting to get to the EFTA01106490 Category Date Description To From Bates Nos. Notes PRODG 000338 thru 000339 bottom of the situation. 11/2/09 Re: Important Notification Letter from Banyon Joe DeSilva Joe DeSilva PRODG 000213 thru 000214 It appears that there is an issue with one of the Partners at the law firm and certain Trust accounts, etc. 10/28/09 Banyon Note Sparveri Joe DeSilva PRODG 000219 My records show that your personal not is due to mature on or about 11/10. 10/21/09 Re: Pavano III Sparveri Joe DeSilva PRODG 000220 thru 000221 Last month Roland had sent me a note saying he was sending $500,000 for his Family Dynasty Trust - I was never notified of a wire - if it was sent, I want to follow up. 10/19/09 Banyon Sparveri F. Preve Chantal Preve Joe DeSilva PRODG 000222 On or about 10/29 Pavano Dynasty Trust 3 is due to mature. 10/12/09 Joe DeSilva Sparveri Roland LaBonte Joe DeSilva PRODG 000223 & PRODG 000224 I want to make sure you all got the email and attachments that Frank sent out last week since I hadn't heard from anyone, maybe I should've assumed that to be good. 10/5/09 Banyon Frank Preve Chantal Preve Joe DeSilva Roland LaBonte Spaveri PRODG 000225 thru 000226 & PRODG 000227 thru 000228 & PRODG 000236 thru 000237 & PRODG 000391 I would like to get some updated financial information on the Company - I have many people depending on me to monitor this investment and given yesterday's story on 60 minutes, etc., everyone is every nervous. - In addition I would like to talk to Scott Rothstein so I can get insight regarding the structure of Banyon's transactions, etc. 10/5/09 Re: Banyon Sparveri Joe DeSilva PRODG 000225 Great questions - please keep me in the loop on the EFTA01106491 Category Date Description To From Bates Nos. Notes Roland LaBonte thru 000226 answers. 10/6/09 Re: Banyon Sparveri Roland LaBonte Joe DeSilva PRODG 000225 thru 000226 Frank has assured me that he will be getting back to you with a lengthy email - He is awaiting on George's review of the information, some of which is proprietary. 9/29/09 Re: Banyon Chantal Preve Sparveri F. Preve Roland LaBonte Joe DeSilva PRODG 000229 thru 000230 Unless you hear differently, add this additional $250,000 to what is now a $500,000 note in the name of Roland LaBonte Rev. Trust. 9/15/09 Banyon Roland LaBonte Sparveri Joe DeSilva PRODG 000231 Frank has assured me that Roland's directives relative to your accounts have been addressed - Joe give Frank a call following up on your request for an interim financial statement. 8/28/09 Re: Notes Due to Mature Joe DeSilva Sparveri F. Preve Chantal Preve Roland LaBonte PRODG 000232 thru 000233 & PRODG 000234 Email thread regarding instructions on how to execute funds for 3 notes that are about to mature in September. 8/28/09 Re: Notes Due to Mature Roland LaBonte Sparveri F. Preve Joe DeSilva PRODG 000232 thru 000233 Essentially rolling over your notes, one including interest releasing the interest on the other and returning the monies on Shawn's. 8/21/09 Pavano II Chantal Preve Frank Preve Joe DeSilva Sparveri PRODG 000235 & PRODG 000238 payment was due yesterday for $15K but I do not see the wire in. 8/21/09 Re: Pavano II Sparveri Joe DeSilva PRODG 000235 I will follow up with Frank - no excuse - but Chantal has been out. 10/6/09 Re: Banyon Sparveri Chantal Preve Frank Preve PRODG 000236 thru 000237 I am just waiting on the trust account balances - then I will respond to all the issues you raised. EFTA01106492 Category Date Description To From Bates Nos. Notes Joe DeSilva 8/21/09 Re: Pavano II Sparveri Frank Preve PRODG 000238 I actually paid it on Wednesday so I wouldn't be late - and then forgot to send the wire - It will be in your account in 30 minutes. 11/25/09 Re: Promissory Note Levin F. Preve Sparveri PRODG 000239 We are the Holder of a Promissory Note with Banyon 1030-32, LLC as Obligor and Levin as Guarantor - Per terms of note, such obligation is in Default - Demand is hereb made, etc. 5/12/09 Bank of America - 4 Savings Transaction Details - Incomin wire in the amount of $11,529.28. 5/10/09 Promissory Note (Investor) PRODG 000243 thru 000247 Between the Sparveris' and Banyon/Levin in the amount of $150,000 - replaces Note dated November 1, 2008. 5/10/09 Security Agreement - Banyon 1030-32, LLC PRODG 000248 thru 000268 Between the Sparveris' and Banyon/Levin. 5/10/09 Limited Recourse Obligations Guaran PRODG 000269 thru 000277 Between the Sparveris' and Banyon/Levin. 11/21/08 Certificate of Corporate Resolutions, Corporate Status and Incumbecny of Banyon 1030-32, LLC PRODG 000278 thru 000280 Executed by the Levins' 11/21/08 Banyon 1030-32, LLC Private Funding Offering / Investor Work Sheet PRODG 000281 thru 000282 Between the Sparveris' and Banyon/Levin. 11/21/08 Investor Certification PRODG 000283 thru 000284 Between the Sparveris' and Banyon/Levin. 11/21/08 Purchaser PRODG 000285 Between the Sparveris' and Banyon/Levin. EFTA01106493 Category Date Description To From Bates Nos. Notes Representative Certification 11/11/08 Promissory Note (Investor) Note 1 PRODG 000286 thru 000290 Between the Sparveris' and Banyon/Levin - in the amount of $150,000. 11/21/08 Security Agreement - Banyon 1030-32, LLC PRODG 000291 thru 000310 Between the Sparveris' and Banyon/Levin. Banyon 1030-32, LLC Investment Confirmation & Receipt PRODG 000311 For the Sparveris' - contains handwritten notation that same was revised on 4/30/09 by Chantal Preve. 4/3/09 Re: Pavano VI Chantal Preve Sparveri PRODG 000312 Can you email me my schedule like this for my $150K - misplaced it. 4/3/09 Re: Pavano VI Sparveri Chantal Preve PRODG 000312 I am enclosing your IS as you requested - the IS reflects the amount you be paid if you rollover, otherwise the maturity date stands. 4/3/09 Re: Pavano VI Chantal Preve Spaveri PRODG 000312 wouldn't the 180 days be 5/20 and not 5/10 4/3/09 Re: Pavano VI Sparveri Chantal Preve PRODG 000312 The wire was received on November 21, the interest starts running the day the funds are received. 11/21/08 Joseph and Mary Sparveri 150K Investment Schedule 11/21/08 Sparveri F. Preve Chantal Preve PRODG 000313 thru 000314 enclosed is your Investment Schedule as of 11/21/08 - Schedule attached. 11/21/08 Banyon 1030-32, LLC Register - Investor Liability Investment - Payee Sparveris' - Gibraltar account - $1,000,000.00. PRODG 000315 11/21/08 Bank of America Wire PRODG 000316 Joseph Sparveri's account. EFTA01106494 Category Date Description To From Bates Nos. Notes transfer Advice 11/21/08 Letter of Instructions PRODG 000317 wire transfer instructions to BOA from Sparveri - amount $150K. 11/21/08 Wire Transfer Sparveri Chantal Preve F. Preve PRODG 000318 Email thread regarding the sending and receipt of wire in the amount of $150K. Pavano Dynasty Trust notes receivable - Banyon PRODG 000318 notes receivable - Banyon chart with information regarding the Pavano Dynasty Trust - notes I thru VI. 10/5/09 Insurance Program Manual for Banyon 1030-32, LLC Frank Preve Lindsay Crosby - Harden Account Assistant PRODG 000320 thru 000336 Correspondence / Insurance Policy information regarding various policies from Chubb, Travelers, RLI, CNA, ACE, Ironshore, Zurich, etc. PRODG 000337 AnyWho People search print out for phone number 305-361-8182 - Woodrow M. Melvin - 151 Crandon Blvd., Florida. 10/7/09 FW: Banyon Update Sally Gulli Sparveri PRODG 000342 thru 000372 BIF - June - 09.Zip file containing information requested by Sparveri pertaining to Banyon, TD Bank and RRA, including but not limited to, Consolidated Financial Statements, Independent Auditors' Report, Balance Sheets, Statements of Income, Statements of Cash Flows, etc. 10/7/09 Banyon Update Sparveri Roland LaBonte Joe DeSilva F. Preve PRODG 000342 thru 000344 I owe you an updated information package - Banyon is doing very well and has succeeded beyond anything we could have imagined - there will be some significant structural changes with the way Banyon does business - changes will occur before the end of 2009 - The only reason for these changes is to minimize Banyon's tax exposure, etc. - Any investor who has un-matured obligation will have the option of having that prepaid prior to any transfer to the new EFTA01106495 Category Date Description To From Bates Nos. Notes entity - in other words we will gladly stop paying 16% and 18% for our funds. 1/8/09 Banyon Frank Preve Sparveri PRODG 000372 I appreciate the disclosure of this confidential data - I have many people depending on me to monitor this investment - Please keep me in the loop for the December 2008 audited financials, and pass along the contact info for the partner at Berenfeld Spritzer CPAs 1/8/09 Re: Banyon Sparveri Chantal Preve Joe DeSilva F. Preve PRODG 000372 Tracy D. Weintraub - Partner - Berenfeld Spitzer, et al. PRODG 000373 thru 000390 Information regarding Berenfeld Spitzer. Tracy Weintraub, Scott Rothstein's bio, Company info/client list regarding RRA, Redacted information pertaing to TD Bank's Account Portfolio, Banyon Statement of Condition, and Banyon 1030-32 Rothstein Investment Maturity Schedule as of 1/8/09 8/13/09 Note 1 Pavano Dynasty Trust Sparveri F. Preve PRODG 000392 Just want to confirm that the $192,713.21 is being wired today for Pavano Dynasty Trust. 10/8/08 Banyon LLC Update Joe DeSilva Joe DeSilva PRODG 000393 thru 000394 Business continues to grow for Banyon and plans for uninterrupted expanded growth - Financial statements as of 6/30/08 have been completed and are available at your request - additional capital is strongly encouraged and welcomed, however with a few changes - new Banyon notes will yield 16% - no personal guarantee. 10/10/08 Clarification to Banyon LLC Update Joe DeSilva Joe DeSilva PRODG 000393 thru 000394 Banyon will accept one last investment from current investors with an 18% APR, all subsequent investments will be at then offered rate 16%. EFTA01106496 Category Date Description To From Bates Nos. Notes 10/30/008 Joe DeSilva Sparveri F. Preve Joe DeSilva PRODG 000393 thru 000394 See below the two emails I had sent out earlier in October directly to the investors - I had a problem with your emails return as undeliverable. PRODG 000395 thru 000408 Banyon Consolidated Financial Statements, Accountants Review Report, Financial Statements, Balance Sheets, Statements of Income, Statements of Income, Changes in Members Equity, Cash Flows, etc. 11/25/08 Banyon and FDIC Grants Unlimited Coverage on FDIC Accounts Joe DeSilva Joe DeSilva PRODG 000409 thru 000410 Once again another reason to rest easy on a very timely and valuable decision made by each of you - NYSBA News Release 11/24/08 - NYSBA praises FDIC for extending deposit insurance to IOLA accounts. 8/7/08 Mutual Nondisclosure Agreement PRODG 000411 thru 000414 Between Banyon and Carl Pavano. Banyon Wire Instructions PRODG 000415 6/1/08 Settlement Funding - A High Yield Low Risk Activist Investment Strategy - 6/1/08 Banyon 1030-32, LLC PRODG 000416 thru 000432 7/18/08 Banyon Consolidated Comparative Statement of Condition 12/31/07 and 6/30/08 / Statement of Income and Expenses PRODG 000433 thru 000434 Banyon 1030-32, LLC Private Funding Background Summary PRODG 000435 George G. Levin Biographical Sketch - PRODG 000436 EFTA01106497 Category Date Description To From Bates Nos. Notes 12/31/07 Personal Financial Statements - George & Gayla Sue Levin as of 3/31/08 PRODG 000437 thru 000438 8/5/09 Banyon Investment Confirmation Receipt PRODG 000439 Pavano Dynasty Trust I dated 6/13/07 Sparveri, Jr. Trustee Rev. Rul. 2009-22 Table 1 - Applicable Federal Rates (AFR) for August 2009 II:11O:11:GG 00000O4400 8/18/08 Bank of America Wire Transfer Advice PRODG 000441 Carl A Pavano's BOA account - $1,000,000.00. 8/18/08 Letter of Instructions PRODG 000442 wire transfer instructions Sparveri to BOA from Carl Pavano's account - amount $1,000,000.00. 8/18/08 Banyon Investor Work Sheet PRODG 000443 Pavano Dynasty Trust dated 6/13/07, Sparveri, Jr. Trustee. 2/16/09 Certificate of Corporate Resolutions, Corporate Status and Incumbency of Banyon 1030-32, LLC PRODG 000444 thru 000446 In favor of the Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee 8/13/09 Promissory Note (Investor) PRODG 000447 thru 000451 Between Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin - one million dollars. Replaces Promissory Note 1 for $1,094,240.23 dated 2/14/09. 8/13/09 Security Agreement - Banyon 1030-32, LLC PRODG 000452 thru 000471 Between Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin. 8/18/08 Guaranty (George G. Levin) IIHILHILHGG 000O44:: HY:. 000O44H IbieettrreeH II:H:0i 11://ir::tyr "H":::HH :11HH:11 H:H..:::: p ::: IirrssH: Hiull IIHAryinri....e0:int 2 18 09 Banyon Investment HHHHHHHHHGG 00001188: HHHHHHHHH 11 Hit: tyHAL: H 11:H11 H H: 11 : HHHHHHH HHH EFTA01106498 Category Date Description To From Bates Nos. Notes Confirmation Receipt Trustee. 2/14/09 Promissory Note (Investor) Note 1 PRODG 000481 Thru 000485 Between Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin - $1,094,240.23. Rev. Rul. 2009-5 Table 1- Applicable Federal Rates (AFR) for February 2009 PRODG 000486 2/14/09 Security Agreement - Banyon 1030-32, LLC PRODG 000487 Thru 000506 Between Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin. 2/13/09 Banyon Investment Confirmation Receipt PRODG 000507 Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee. Time Value - August 2008 Applicable Federal Rates - Rev. Rul. 2008-43 PRODG 000508 & PRODG 000604 8/26/08 Re: Pavano Dynasty Trust - Investments I & II Sparveri Chantal Preve PRODG 000509 We did execute the changes immediately, however it does take a little longer to send you the already reviewed documentation which is enclosed. 8/26/08 Re: Pavano Dynasty Trust - Investments I & II Chantal Preve Sparveri PRODG 000509 E-mail thread requesting correction of maturity dates and confirmation that it was corrected. 8/21/08 Re: Pavano Dynasty Trust - Investments I & II Sparveri F. Preve Chantal Preve PRODG 000510 Both schedules enclosed - Investment #1 received on 8/19 and Investment #2 received on 8/20. 8/26/08 Re: Pavano Dynasty Trust - Investments I & II Chantal Preve F. Preve Sparveri PRODG 000510 I notice both schedules show interest accruing - I requested monthly cash payments on one, and interest to be accrued on the other. 8/18/08 Promissory Note (Investor) PRODG 000511 One page only - Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee - One Million Dollars. 8/18/08 Security Agreement - Banyon 1030-32, LLC PRODG 000512 thru 000531 Between Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin. 8/18/08 Certificate of Corporate PRODG 000532 In favor of the Pavano Dynasty Trust dated 6/13/07 EFTA01106499 Category Date Description To From Bates Nos. Notes Resolutions, Corporate Status and Incumbency of Banyon 1030-32, LLC thru PRODG 000534 Sparveri, Jr. Trustee 8/5/09 Banyon Investment Confirmation and Receipt PRODG 000535 - Pavano Dynasty Trust II dated 6/13/07 Sparveri, Jr. Trustee Rev. Rul. 2009-22 Table 1 - Applicable Federal Rates (AFR) for August 2009 PRODG 000536 8/20/08 Bank of America Wire Transfer Advice PRODG 000537 Carl A Pavano's BOA account - $1,000,000.00. 8/20/08 Letter of Instructions PRODG 000538 wire transfer instructions from Sparveri to BOA from Carl Pavano's account - amount $1,000,000.00. 8/20/08 Banyon Investor Work Sheet PRODG 000539 Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee 2/16/09 Certificate of Corporate Resolutions, Corporate Status and Incumbency of Banyon 1030-32, LLC PRODG 000540 thru 000542 In favor of the Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee 8/15/09 Promissory Note (Investor) PRODG 000543 thru 000547 Between Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin - $1,000,000.00 - Replaces Promissory Note 2 for $1,000,000.00 dated Februa 16, 2009. 8/15/09 Security Agreement - Banyon 1030-32, LLC PRODG 000548 thru 000567 Between Pavano Dynasty Trust dated 6/13/07 S • arveri, Jr. Trustee and Ban on/Levin. 8/20/09 Guaranty (George G. Levin) PRODG 000568 thru 000575 Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee. 2/18/09 Banyon Investment Confirmation & Receipt PRODG 000576 Pavano Dynasty Trust II dated 6/13/07 Sparveri, Jr. Trustee. EFTA01106500 Category Date Description To From Bates Nos. Notes 8/15/09 Promissory Note (Investor) Note 2 PRODG 000577 thru 000581 Between Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin - $1,000,000.00 Rev. Rul. 2009-5 Table 1- Applicable Federal Rates (AFR) for February 2009 PRODG 000582 2/16/09 Security Agreement - Banyon 1030-32, LLC PRODG 000583 thru 000602 Between Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin. 2/20/09 Banyon Investment Confirmation & Receipt PRODG 000603 Pavano Dynasty Trust II dated 6/13/07 Sparveri, Jr. Trustee 8/20/08 Promissory Note (Investor) PRODG 000605 One page only - Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee - One Million Dollars. 8/20/08 Security Agreement - Banyon 1030-32, LLC PRODG 000606 thru 000625 Between Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin. 8/19/08 Certificate of Corporate Resolutions, Corporate Status and Incumbency of Banyon 1030-32, LLC PRODG 000626 thru 000628 In favor of the Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee 10/26/09 Banyon Investment Confirmation & Receipt PRODG 000629 Pavano Dynasty Trust III dated 6/13/07 Sparveri, Jr. Trustee 10/26/09 Re: Pavano III Rollover Sparveri Chantal Preve PRODG 00630 enclosed the investment schedule of Pavano's III rollover - has been entered in the system for the monthly interest payment. 11/6/09 Re: Pavano III Rollover Chantal Preve F. Preve Joe DeSilva Sparveri PRODG 000630 Please wire the $1,000,000 principal for this note which matured on 10/25/09. 10/26/09 Banyon Investment Confirmation & Receipt PRODG 000632 Pavano Dynasty Trust III dated 6/13/07 Sparveri, Jr. Trustee Rev. Rul. 2009-33 Table 1 - Applicable Federal PRODG 000633 EFTA01106501 Category Date Description To From Bates Nos. Notes Rates (AFR) for October 2009 4/20/09 Banyon Investment Confirmation & Receipt PRODG 00634 Pavano Dynasty Trust III dated 6/13/07 Sparveri, Jr. Trustee Time Value - October 2008 Applicable Federal Rates - Rev. Rul. 2008-49 PRODG 000635 10/31/08 Bank of America Wire transfer Advice PRODG 000636 Carl Pavano's BOA account - $1,000,000.00. 10/31/08 Letter of Instructions PRODG 000637 wire transfer instructions from Sparveri to BOA from Carl Pavano's account - amount $1,000,000.00. 10/31/08 Pavano Trust Sparveri Chantal Preve F. Preve PRODG 000638 received wire. 10/31/08 Banyon 1030-32, LLC Private Funding Offering / Investor Work Sheet PRODG 000639 thru 000640 Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee - Note # 3. 10/31/08 Investor Certification PRODG 000641 thru 000642 Between Banyon & Joseph W. Sparveri, Jr., Trustee. 4/20/09 Pavano Dynasty Trust III $1M Rollover dated 4/28/09 Sparveri F. Preve Joe DeSilva Chantal Preve PRODG 000643 I am sending the Promissory Note Renewal for $1,000,000.00 dated 4/28/09. 4/28/09 Promissory Note (Investor) PRODG 000644 thru 000648 Between Pavano Dynasty Trust III dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin - $1,000,000.00 - Replaces Promissory Note for $1,000,000.00 dated October 30, 2009. 4/28/09 Security Agreement - Banyon 1030-32„ LLC PRODG 000649 thru 000668 Between Pavano Dynasty Trust III dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin. 10/31/08 Banyon Investment Confirmation Receipt PRODG 000669 Pavano Dynasty Trust III dated 6/13/07 Sparveri, Jr. Trustee EFTA01106502 Category Date Description To From Bates Nos. Notes 10/30/08 Promissory Note (Investor) Note 3 PRODG 000670 thru 000674 Between Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin - $1,000,000.00. 10/30/08 Security Agreement - Banyon 1030-32„ LLC PRODG 000675 thru 000694 Between Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee and Ban on Levin. 10/28/08 Certificate of Corporate Resolutions, Corporate Status and Incumbency of Banyon 1030-32, LLC PRODG 000695 thru 000697 In favor of the Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee 6/1/09 Banyon Investment Confirmation & Receipt PRODG 000701 Pavano Dynasty Trust IV dated 6/13/07 Sparveri, Jr. Trustee. 5/31/09 Promissory Note IV (Investor) PRODG 000702 thru 000706 Between Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin - $1,000,000.00 - Replaces Promissory Note for $1,000,000.00 dated December 2, 2008. 5/29/09 Banyon Investment Confirmation & Receipt PRODG 000707 Pavano Dynasty Trust IV dated 6/13/07 Sparveri, Jr. Trustee. 12/2/08 Banyon 1030-32, LLC Register - Investor Liability Investment - Payee Pavano Dynasty IV - Gibraltar account - $1,000,000.00. PRODG 000708 Time Value - December 2008 Applicable Federal Rates - Rev. Rul. 2008-53 PRODG 000709 12/2/08 Bank of America Wire Transfer Advice PRODG 000710 Carl Pavano's BOA account - $1,000,000.00. 12/2/08 Letter of Instructions PRODG 000711 wire transfer instructions from Sparveri to BOA from EFTA01106503 Category Date Description To From Bates Nos. Notes Carl Pavano's account - amount $1,000,000.00. 12/2/08 Code Green Wire sent for Carl A. Pavano - Reference 081202091050082 Jodie E. Kevetos Barbara L. Freeman Suzanne Hill on Behalf of USTWiresTempe PRODG 000712 Email thread regarding the processing of incoming wire in the amount of $1,000,000.00 from Pavano's BOA account from Bank and Banyon personnel. 12/2/08 Banyon 1030-32, LLC Private Funding Offering / Investor Work Sheet PRODG 000713 thru 000714 Pavano Dynasty Trust IV dated 6/13/07 Sparveri, Jr. Trustee. 12/2/08 Investor Certification PRODG 000715 thru 000716 Between Banyon & Joseph W. Sparveri, Jr., Trustee. 5/31/09 Security Agreement - Banyon 1030-32, LLC PRODG 000717 thru 000736 Between Pavano Dynasty Trust dated 6/13/07 S • arveri, Jr. Trustee and Ban on Levin. 5/31/09 Banyon Investment Confirmation & Receipt PRODG 000737 Pavano Dynasty Trust IV dated 6/13/07 Sparveri, Jr. Trustee. 5/11/09 Banyon Notes Maturities - May 2009 Sparveri Chantal Preve F. Preve Joe DeSilva PRODG 000738 provide Chantal with update on intended future of the below notes - Shawn LaBonte, LaBonte I, and Pavano D . IV. 5/11/09 Banyon Notes Maturities - May 2009 Joe DeSilva Chantal Preve F. Preve Sparveri PRODG 000738 wire$ 81K of interest, rollover the $1M for additional 180 days, etc. 12/2/08 Promissory Note (Investor) Note 4 PRODG 000739 thru 000743 Between Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin - $1,000,000.00 12/2/08 Security Agreement - Banyon 1030-32, LLC PRODG 000744 thru 000763 Between Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin. 12/2/08 Certificate of Corporate Resolutions, Corporate Status and Incumbency of Banyon 1030-32, LLC PRODG 000764 thru 000766 In favor of the Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee. 7 2 09 Banyon Investment PRODG 000767 Pavano • nas Trust V dated 6 13 07 S.arveri, Jr. EFTA01106504 Category Date Description To From Bates Nos. Notes Confirmation & Receipt Trustee. Rev. Rul. 2009-20 Table 1 - Applicable Federal Rates (AFR) for July 2009 PRODG 000768 7/8/09 Promissory Note (Investor) PRODG 000769 thru 000773 Between Pavano Dynasty Trust V dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin - $1,000,000.00 - Replaces Promissory Note V for $1,000,000.00 dated January 9, 2009. 7/8/09 Security Agreement - Banyon 1030-32, LLC PRODG 000774 thru 000793 Between Pavano Dynasty Trust V dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin. 1/9/09 Banyon 1030-32, LLC Private Funding Offering / Investor Work Sheet PRODG 000794 thru 000795 Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee - Note # 5. 1/9/09 Investor Certification PRODG 000796 thru 000797 Between Banyon & Joseph W. Sparveri, Jr., Trustee. 1/9/09 Banyon 1030-32, LLC Register - Investor Liability Investment - Payee Pavano Dynasty V - Gibraltar account - $1,000,000.00. PRODG 000798 1/9/09 Bank of America Wire Transfer Advice PRODG 000799 Carl Pavano's BOA account - $1,000,000.00. 1/9/08 Letter of Instructions wire transfer instructions from Sparveri to BOA from Carl Pavano's account - amount $1,000,000.00. 1/9/09 Receipt of $1M Wire Transfer Sparveri Chantal Preve PRODG 000801 Confirm receipt of $1M wire transfer today. 7/8/09 Banyon Investment Confirmation & Receipt PRODG 000802 Pavano Dynasty Trust IV dated 6/13/07 Sparveri, Jr. Trustee. EFTA01106505 Category Date Description To From Bates Nos. Notes 1/9/09 Promissory Note (Investor) Note V PRODG 000803 thru 000807 & PRODG 000808 thru 000812 Between Pavano Dynasty Trust V dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin - $1,000,000.00. 7/9/09 Pavano IV Sparveri Chantal Preve PRODG 000813 Email thread regarding an interest payment due on 7/8/09 and response clarification from Chantal Preve regarding payment dates. Rev. Rul. 2009-1 Table 1- Applicable Federal Rates (AFR) for January 2009 PRODG 000814 1/9/09 Security Agreement - Banyon 1030-32, LLC PRODG 000815 Thru 000834 Between Pavano Dynasty Trust V dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin. 1/9/09 Certificate of Corporate Resolutions, Corporate Status and Incumbency of Banyon 1030-32, LLC PRODG 000835 thru 000837 In favor of the Pavano Dynasty Trust V dated 6/13/07 Sparveri, Jr. Trustee. 9/24/09 Banyon Investment Confirmation & Receipt PRODG 000838 Pavano Dynasty Trust VI dated 6/13/07 Sparveri, Jr. Trustee. Rev. Rul. 2009-29 Table 1 - Applicable Federal Rates (AFR) for September 2009 PRODG 000839 9/29/09 Promissory Note (Investor) PRODG 000840 thru 000844 Between Pavano Dynasty Trust VI dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin - $2,000,000.00 - Replaces Promissory Note for $2,000,000.00 dated i_kpril 2, 2009. 9/29/09 Security Agreement - Banyon 1030-32, LLC PRODG 000845 thru 000864 Between Pavano Dynasty Trust VI dated 6/13/07 Sparveri, Jr. Trustee and Banyon/Levin. EFTA01106506 Category Date Description To From Bates Nos. Notes 4/2/09 Bank of America Wire Transfer Advice PRODG 000865 Carl Pavano's BOA account - $2,000,000.00. 4/2/09 Letter of Instructions PRODG 000866 wire transfer instructions from Sparveri to BOA from Carl Pavano's account - amount $2,000,000.00. 4/2/09 Banyon 1030-32, LLC Private Funding Offering / Investor Work Sheet PRODG 000867 thru 000868 Pavano Dynasty Trust dated 6/13/07 Sparveri, Jr. Trustee. 4/2/09 Investor Certification PRODG 000869 thru 000871 Between Banyon & Joseph W. Sparveri, Jr., Trustee. 4/2/09 Certificate of Corporate Resolutions, Corporate Status and Incumbency of Banyon 1030-32, LLC PRODG 000872 thru 000874 In favor of the Pavano Dynasty Trust VI dated 6/13/07 Sparveri, Jr. Trustee. 4/2/09 Limited Recourse Obligations Guaranty PRODG 000875 thru 000883 Between the Pavano Dynasty Trust VI dated 6/13/07 Sparveri Jr., Trustee and Banyon/Levin. 4/3/09 Banyon Investment Confirmation & Receipt PRODG 000884 Pavano Dynasty Trust VI dated 6/13/07 Sparveri, Jr. Trustee. 4/3/09 Pavano VI Sparveri F. Preve Chantal Preve PRODG 000885 Maturity date is 180 days and that date is 9/29/09 exactly - Schedule attachment is not attached. Rev. Rul. 2009-10 Table 1 - Applicable Federal Rates (AFR) for April 2009 PRODG 000886 4/2/09 Promissory Note - Note VI PRODG 000887 thru 000891 Between Pavano Dynasty Trust VI dated 6/13/07 Sparveri, Jr.