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RES 2009-0536 - Off sale beer lic to Midtown Gas & Grocery
C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNICL OF THE CITY OF OMAHA THAT, in accordance with the provisions of the Nebraska Liquor Control Act, as amended, after a hearing held within 45 days after receiving notice and a copy of the license application and upon due consideration of all standards and criteria provided by law,this Council hereby recommends that the following application for an Off Sale Beer License be granted. 7th Heaven, Inc., dba"Midtown Gas & Grocery", 1222 South 24th Street. That, the cost of publication of notice of the hearing was $26 00 June 2, 2009 - Resolution No 536 - Motion to adopt Carried 5-2 51<gglie4Ar•— By Council member Adopted JUN at2 2009 5 & / S City Clerk 6/94y Approved/ XN4 dagar Mayor " 5, m t ® \ _ , o e. \CD § \ o \ CD \ Cr LIP \ � Fc / E \ � � ° I ® ( / / f - 2 \ a \ ) Q • 7 \ c \ $ƒ \ \ & CD e e ` _ ° r CD- E ) n / / / e p 5 B _ 5 2 '107 CCID ,53 TYPE OF LICENSE OFF SALE BEER LICENSE NAME&ADDRESS 7TH HEAVEN, INC DBA"MIDTOWN GAS & GROCERY" 1222 SOUTH 24TH STREET RECEIVED MAY 15, 2009 45TH DAY MONDAY, JUNE 29, 2009 HEARING DATE JUNE 2, 2009- 18TH DAY nn AND/OR PERSONS CONTACTED: CHOUDHRY AYUB 816-214-7179 ATTORNEY-MIKE KELLEY 397-1898 POSTED N/A NOTIFIED N/A NEW APPLICATION, OLD LOCATION. PRESENT LICENSEE IS M& A PETROLEUM CORP , DBA "INFINITE", 1222 SOUTH 24TH STREET, WHO HAS AN OFF SALE BEER LICENSE LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #B 79522 M &A PETROLEUM CORP 1222 SOUTH 24TH STREET 68108 341-1651 DBA INFINITE NLCC ORDERS 4-30-08 -REQUEST FROM ATTY MIKE KELLEY FOR AN EXTENSION OF THE EXPIRATION DATE OF THE TEMP AGENCY AGREEMENT TO APRIL 30, 2008 *4-22-08 -HRG 3-18-08 - APPLICATION APPROVED AND AMENDED TO AN OFF SALE BEER LICENSE *6-11-08 - LICENSE ISSUED W/TRADE NAME * 3-17-09 -LETTER STATING LONG FORM RENEWAL REQUIRED FOR 2009-2010 LICENSING YEAR * OTHER ACTIVITIES 1-08-08 -TRANSFER FROM KUM & GO, LC * RES #34 -MOTION TO DENY BASED ON THE "REASON FOR DENIAL" STATEMENT (SEE APPLICATION) -LOST 3-4 -GRANT 4-3 * 9-30-08 MGR APP (DEBBIE ARROYO) CCID #1332 APPROVED *2-10-09 -PROTEST PETITION FILED FOR THE 2009-2010 LICENSING YEAR * 3-10-09 -RES LONG FORM RENEWAL FOR THE 2009-2010 LICENSING YEAR RES#223 ADOPTED *6-2-09 -TRANSFER TO 7TH HEAVEN, INC *6-9-09 -LONG FORM RENEWAL APPLICATION " LICENSED PREMISES ENTIRE 1 STY BLDG APPROX 99'X 42' X OFFICERS: MGR-DEBBIE ARROYO, 4623 NORTH 61ST STREET, 68104 (H) 706-9503 (W) 341-1651 * PRES -MOHAMMED ALI, 215 N PROSPECT AVE, STREAMWOOD, IL 60107 (H) 630-483-0514 *ATTY-MIKE KELLEY-397-1898 ** *** (OLD-2008 -MGR-OLIVER REMALY, 712 NO 33RD STREET, APT#3, 68131 (H) 563-505-6358) STATE OF NEBRASKA P. c r Dave Heineman . G C E I V E D NEBRASKA LIQUOR CONTROL COMMISSION Governor Hobert B Rupe Executive Director 09 MAY 15 Aft 8t 19 301 Centennial Mall South, 5th Floor P O Box 95046 Lincoln, Nebraska 68509-5046 CITY CLERK Phone (402) 471-2571 Fax (402) 471-2814 M4 H A, r B R 4 S K t TRS USER 800 833-7352 (i I Y) May Omaha City Clerk 1819 Farnam St Omaha NE 68183 RE 7TH HEAVEN INC. dba MIDTOWN GAS & GROCERY 8-85242 Dear Local Governing Body Attached is the form to be used on all retail liquor license applications Local clerks must collect proper license fees and occupation tax per ordinance, if any, before delivering the license at time of issuance TWO KEY TIME FRAMES TO KEEP IN MIND ARE 1) Publicize one time not less than 7 days, not more than 14 days prior to date of hearing 2) You have 45 days to conduct a hearing after the date of receipt of the notice from this Commission (§53.134) You may choose NOT to make a recommendation of approval or denial to our Commission PER §53-133, THE LIQUOR CONTROL COMMISSION SHALL SET FOR HEARING ANY APPLICATION WHEREIN 1) There is a recommendation of denial from the local governing body 2) A citizens protest, or 3) Statutory problems that the Commission discovers PLEASE NOTE A LICENSEE MUST BE PROPERLY LICENSED IN ORDER TO PURCHASE FROM WHOLESALERS, AND, A LICENSE IS EFFECTIVE 1) Upon payment of the license fees, 2) Physical possession of the license, 3) Effective date on the license Sincerely, N A .KA LIQU�•' •• "OL COMMISSION _— ter 'andy Sey rt icensmg 'vision Enclosures Rhonda R Flower Bob Logsdon Robert Batt Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer FORM 35-4001 REV 12/99 APPLICATION FOR LIQUOR LICENSE 301 CENTENNIAL MALL SOUTH p� � ED PO PO BOX 95046 LINCOLN NE 68509 5046 PHONE 571 02)47)1-2814 FAX H& 41i fj 0 20CR Website wwv,!cc ne gov/ NIE ,q^Kok Lt. . .., a 0.' ,I e 5 '-'` +.'L""I. . .xa9"x s i ,+ 5„ - ' 'cu" > �xt°ta RETAIL LICENSE(S) Application Fee ❑ A BEER, ON SALE ONLY $45 00 ❑✓ B BEER, OFF SALE ONLY $45 00 E C BEER, WINE& DISTILLED SPIRTS, ON &OFF SALE $45 00 D BEER, WINE& DISTILLED SPIRITS, OFF SALE ONLY $45 00 ❑ l BEER, WINE& DISTILLED SPIRITS, ON SALE ONLY $45 00 ❑ Class K Catering license(requires catering application form) $100 00 MISCELLANEOUS Application Fee Bond Required ❑ L Craft Brewery(Brew Pub) $295 00 $1,000 minimum ❑ 0 Boat $ 95 00 none ❑ V Manufacturer ❑ Alcohol & Spirits $1,045 00 $1,000 minimum ❑ Beer(excluding produced by a craft brewery) $145 00 1 to 100 barrel* $1,000 minimum ❑ Beer(excluding produced by a craft brewery) $245 00 100 to 150 barrel* $1,000 minimum ❑ Beer(excluding produced by a craft brewery) $395 00 150 to 200 barrel* $1,000 minimum ❑ Beer(excluding produced by a craft brewery) $545 00 200 to 300 barrel* $1,000 minimum ❑ Beer(excluding produced by a craft brewery) $695 00 300 to 400 barrel* $1,000 minimum ❑ Beer(excluding produced by a craft brewery) $745 00 400 to 500 barrel* $1,000 minimum ❑ W Wholesale Beer $545 00 $5,000 minimum ❑ X Wholesale Liquor $795 00 $5,000 minimum ❑ Y Farm Winery $295 00 $1,000 minimum ❑ Z Micro Distillery $295 00 $1,000 minimum ❑ Copy of TTB permit(if applying for L, V, W, X, Y or Z) *daily capacity, average daily barrel production for the previous twelve months of manufacturing operation If no such basis for comparison exists,the manufacturing licensee shall pay in advance for the first year's operation a fee of five hundred dollars All Class C licenses expire October 31' All other licenses expire April 30th Catering license(K)expires same as underlying retail license t7, ;� u ` . Iry' 0E'2.! ,0*i" ❑ Individual License (requires insert form 1) ❑ Partnership License(requires insert form 2) Q Corporate License(requires insert form 3a&3c) ❑ Limited Liability Company (requires form 3b& 3c) '10-i § 5t r l u" °i m, b AI:4. <: i —J, t,'�.a..s .� ,.sw'. :s`i t . e I t`il.... 4, p" .' Name Michael Kelley Phone number (402) 397-1898 Kelley&Jerram PC, 7134 Pacific Street, Omaha, NE 68106 Firm Name ayt Midtown Gas &Grocery Trade Name(doing business as) rEre-qr:1\iED 1222 So 24th Street Street Address#1 A7R a U 2UI9 Street Address#2 �p Omaha Douglas N 881 I?L LODUOR City County Zi AtTRQLCOMMISSION 402-341-1651 Premise Telephone number Is this location inside the city/village corporate limits ❑✓ YES ❑ NO Mail address (where you want receipt of mail from the commission) Choudhry Ayub Name Street Address 521 Seaton Blvd #1 Street Address #2 Raymore MO 64083 City State Zip Code In the space provided or on an attachment draw the area to be licensed This should include storage areas, basement, sales areas and areas where consumption or sales of alcohol will take place If only a portion of the building is to be covered by the license, you must still include dimensions (length x width)of the licensed area as well as the dimensions of the entire building in situations No blue prints please Be sure to indicate the direction north and number of floors of the building **For on-premise consumption liquor licenses minimum standards must be met by providing at least two restrooms 2 1// an so. 29,5fr RECEIVED - = APR 3 0 2009 NEE'RASKA LIQUOR ZLiNTRUL COMfvIISSION az' 99 ' 27 ' CANoPy 27' Approximate measurements "NOTICE TO PUBLIC' THE DAILY ,►RECORD Notice a hereby given that Ttb Haven, OF OMAHA Inc,dba "Midtown Gee a Grocery',has filed application of a license to sell bear for RONALI) A. HENNINGSEN Publisher consumption Off the premises at 1222 South , 24th Street,legally described as follows Lot 20, Block T, Shulls 2nd Addition, all PROOF OF PUBLICATION Lot 19 end except Southeasterly 6131 feat tnaCounty Nebraskaof Lot City of Omaha,Douglas UNITED STATES OF AMERICA, County ordan That i- accordance with provisions of The State of Nebraska, Section 83-131, Nebraska Liquor Control Pet SS as amended, heanng upon sad application District of Nebraska, will be held in the Legislative Chamber Om- ahalDouglas Civic Center 1819 Farman Street County of Douglas, Omaha Nebraska on Tuesday, June 2. City of Omaha, 2009,at 2 00 o clock P M at which time the City Council shall receive evidence under oath either orally or by affidavit from any J. BOYD person beanng upon the propriety of the is- suance of said license being duly sworn,deposes and says that she is BUSTER BROWN 52509 City Clerk LEGAL EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha, on May 25, 2009 Thaa urmg that t' as regularly published and in gen rit, County of u d State of Nebraska. fFr- c; I% *; No q,h .'Subscribed y presence and sworn to before ``�� C1 c PAl' nn publiyper'd Fee Ex.r. �"•- .t. C•me this 25th /7 day of Adding $ y i, 20 09 I' • 6 "' 49/:'' tt'�F $ Notpift2d fo obglas County,of e reeks DAILY RECORD: Charge to General Ordinance Order NO. 2447 H. OFF SALE BEER LICENSE Please publish May 25, 2009 Notice is hereby given that 7TH Heaven, Inc., dba "Midtown Gas & Grocery", has filed application of a license to sell beer for consumption Off the premises at 1222 South 24th Street, legally described as follows. LOT 20, BLOCK 7, SHULLS 2ND ADDITION, ALL LOT 19 AND EXCEPT SOUTHEASTERLY 6.13 FEET TRIANGLE OF LOT 20, CITY OF OMAHA, DOUGLAS COUNTY, NEBRASKA That in accordance with provisions of Section 53-1311, Nebraska Liquor Control Act, as amended, hearing upon said application will be held in the Legislative Chamber, Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska, on Tuesday, June 2, 2009, at 2 00 o'clock P M , at which time the City Council shall receive evidence under oath either orally or by affidavit from any person beanng upon the propriety of the issuance of said license. Buster Brown - City Clerk -NOTICE TO MIMIC" Notice as hereby given that 7th Haven, JUN ////// Inc,MS-Midtown See S Orecery',has - n r1009 - ..r'�/ �/ /O�� filednapplication Ott of a licensemisto sellt 12beer for cv1--i..,l/� d� �'�(O r,1O�`/ �J mptiol 7,Se ull& es Addition, South 24th Street,legally descnbed as follows o /�'//p Lot Block 7,Shullt 2nd allows all Vu�[,y(� �� Lot 19 and except Southeasterly 6.131 feet tdan as yeas: ' „�e^K^� �� SJ ��m n That ie of Lot d0 accordance f os,Oo of a J` ,C3/ ,/ ,o County,Nebraska C.i That m braska with provisions of l/� Ap � / Section held Nebraska Llge Camber, ru- es amended, hewing upon sad application t. aha be gla in the Chamber,Om- t Omaha, aouglas Civic Center 1819 Fam an Street, Om Nebraska, on Tuesday. June 2, 2009,at 2 08 o'clock I'M at which time the City Council shall receive evidence under oath either orally or by affidavitdavitfrom any person beanng upon the propriety of the is- suance of said license BUSTER BROWN, City Clerk 52509 Page: 1 Document Name: untitled PARC 1813 0004 22 FB 18 STATUS 2 CLASS C EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F- PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 01222 S 024 ST OMA 68108 OWNER OR TAXPAYER INFORMATION NAME M AND A PETROLEUM CORP DATE OF LAST CHANGE 11-19-2008 + C/O SARMED ALI BK/PG OR DOC# 2008 3008 ADDR 1222 S 24 ST HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68108 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2009 03-09-2009 73500 209500 283000 IR ADDITION NO. 35700 LOT 20 HALF BLOCK 7 HALF SHULLS 2ND ADD SECT TOWN RANGE PLAT 0203 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 ALL LT 19 & -EX SESTLY 6 . 13 FT 2 TRIA- LOT 20 3 IRREG 4 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB Date: 5/20/2009 Time . 10 : 05 21 AM R s I READ CAREFULLY ANSWER COMPLETELY AND ACCURATELY. Has anyone who is a party to this application, or their spouse, EVER been convicted of or plead guilty to any charge Charge means any charge alleging a felony, misdemeanor, violation of a federal or state law, a violation of a -t or resolution List the nature of the charge, where the charge occurred and the year and month of the el v, o r a— I§OgliE any charges pending at the time of this application If more than one party,please list charges by each mdividu s rt;FFyyPoq ❑ YES ❑ NO APR 3 0 2uos If yes, please explain below or attach a separate page NEE 4S'KA UQUOR CON]ElinLCOMMISSION 2 Are you buying the business and/or assets of a licensee? p YES ❑ NO If yes, give name of business and license number Infinite Oil - B79522 a) Submit a copy of the sales agreement including a list of the furniture, fixtures and equipment b)include a list of alcohol being purchased, list the name brand, container size and how many? 3 Are you filing a temporary agency agreement whereby current licensee allows you to operate on their license ✓❑ YES ❑ NO If yes, attach temporary agency agreement form and signature card from the bank This agreement is not effective until you receive your three(3)digit iD number from the Commission. 4 Are you borrowing any money from any source to establish and/or operate the business? ❑ YES El NO If yes, list the lender 5 Will any person or entity other than applicant be entitled to a share of the profits of this business? ❑ YES © NO If yes, explain All involved persons must be disclosed on application 6 Will any of the furniture, fixtures and equipment to be used in this business be owned by others? El YES 0 NO If yes, list such items and the owner All fixtures are owned by the landlord, M&A Petroleum 7 Will any person(s)other than named in this application have any direct or indirect ownership or control of the business? ❑ YES © NO if yes, explain No silent partners 3 8 Are you premises to be licensed within 150 feet of a church, school, hospital, home for the aged or indigent persons or for veterans,their wives, children, or within 300 feet of a college or university campus9 ® YES ❑✓ NO If yes, list the name of such institution and where it is located in relation to the premises (Neb Rev Stat 53-177) 9 Is anyone listed on this application a law enforcement officer9 ; El YES 0 PP 4 a ,� NO If yes, list the person, the law enforcement agency involved and the person's exact ADA 01009 duties NEE ASKft UDUOR 10 List the primary bank and/or financial institution (branch if applicable)to be utilized by th JJi c` ps M(lt3CA 1$ who will be authorized to write checks and/or withdrawals on accounts at the institution U S Bank, Omaha, Nebraska - Choudhry Ayub 11 List all past and present liquor licenses held in Nebraska or any other state by any person named in this application Include license holder name, location of license and license number Also list reason for termination of any license(s) previously held None 12 List the training and/or experience(when and where) of the person(s)making application Those persons required are listed as followed a) Individual, applicant only (no spouse) b) Partnership, all partners (no spouses) c)Corporation, manager only(no spouse) d)Limited Liability Company, manager only (no spouse) Name Date Where Holly Richardson 2003 Convenience store in Beatrice, Nebraska 13 If the property for which this license is sought is owned, submit a copy of the deed, or proof of ownership If leased, submit a copy of the lease covering the entire license year Documents must show title or lease held in name of applicant as owner or lessee in the individual(s)or corporate name for which the application is being filed ❑✓ Lease expiration date April 30, 2010 ❑ Deed ❑ Purchase Agreement 14 When do you intend to open for business9 ASAP 15 What will be the main nature of business? Convenience store w/gas 16 What are the anticipated hours of operation? 17 List the principal residence(s) for the past 10 years for all persons required to sign, including spouses If necessary attach a separate sheet yt �y y�{(jjy+�.{�yY�,{ABTy PAST Y }yyyi j(y" �`y�4 'x, s 'bx kaMnlS FvF.4' tali r'cm C a 4.! �T 'p{1"4,EI C!ilul ;SC �¢4�>�N 1V"� > �*j Yi{V4 } gym' ma Vsive W m£ APPLICANT CITY&STATE YEAR SPOUSE CITY&STATE YEAR FROM TO FROM TO Raymore, MO 2002 2009 Raymore, MO 2002 2009 Brooklyn, NY 1993 2002 Brooklyn, NY 1993 2002 4 � ‘\feu �,FR 3 0 2009 The undersigned appbeantfs)hereby conscnt(s)to an ma esngatmn of hivhet backetound uttestigation and release present an future recoils ool even kind and description including police records tax records (State and Federal), and bank of lending institution records �SY'hl)1 5'J( e(a) waners) any right oI causes of action that said applicant(s)or spouses) may hate against the Nebraska Liquor Cont t (Sat t n per s q�'y�t Patrol- and any other indntdual disclosing or releasing said information An) documents or records for the p lr6+ TR GGM�MU hL^lor stockholder that are needed in further ante of the application rmestigation of any other investigation shall be supplied immediately upon demand to the Nebraska 1 iquor Control Commission or the Nebraska State Patrol I he undersigned understand and ackitowledee that a% license issued, based on lth inlormatron submitted in this application,is subject to cancellation it the information contained het cm is incomplete inaccurate or fraudulent laths idu.J applicants agree to supers se in person the management and operation of the business and that they cull operate the business authorised by the license for themsels es and not as an agent for any other person or entity Corporate applicants agree the approsed manager VI.III superintend in person the management and operation of the business Partnership applicants agree one partner shall superintend the management and operation tit the business All applicants agree to operate the licensed business is thin all applicable laws, rules regulations and ordinances and to cooperate fully is lilt an) anthi rind agent of dx N chi aska I 'quo( Control Commission Must he signed in the presence of a notary public by applicant(s)and spouse(s) If partneship of I IC (I Imited Liability Company) all partners mendhsrs and spouses mast s gn Tr ell poi-Mum ail officers de ccrooi s stsxnhnldsis(hold uig ox CI 25°°of stock and spouses) I till(birth)namex oil) no mttials ` Sr re of Applicant 4 .: ", Srgnatur a of Spouse � ,., r ; �, r . . .;.,ysir tzl Signatui e of Applicant Signatur a of Sponse _ Signature of Applicant - Signature of Spouse Signature of Applicant Signature of Spouse Signatui a of Applicant Signature of Spouse State of Nebraska County of —___ _ —, - _ _ County of CS' I he foregom 7 instrument w�as�alc;knowledged before 1 he foregoing instrument was acknowledged before inc this ri mil_ by me this _ ;prl d(sthjby i Notary Public tore Notary Publics . 'tire — Att,x cal Itete WHITNEY LAGE Affix S I there Notary Public-Notary Seal Notary Public-Notary Seal State of Missouri,Jackson County State of Missouri,Jackson County Commission 89 Commission 08638689 Expires Sep My Commission Expires Sep 17, 2012 My Commission Sep 17,2012 in compliance with ila AO'\,this manager insert form is is its ulable in olha format.tot persons with disabilities 4 ter ilia ads antic period is required in writing to produce tl.t al tennets format SPOUSAL AFFIDAVIT OF Orrice use NON PARTICIPATION INSERT 7 i l NERRASLA LIQUOR CONTROL COMMISSION 3(n CEN IENNIAL MALL SOUrt 1 r` LUuJ J 0 '1PV(tfl PO BOX 95046 LINCOLN,NE 68509-5046 PHONE (402)471-2571 L tAc.;IE , t FAX (402)471-2814 Website incccLLALZoy , ,Oitd;hit)R a';Q€t/I191Sa1(1iV I acknowledge that lam the spouse of a liquor license holder My signature below confirms that I will have not have any interest, directly or indirectly in the operation or mat of the business 053-125(13)) of the Liquor Control Act l will not tend bar,make sales, serve patrons, stock shelves,write checks, sign invoices or represent myself as the owner or in any way participate in the day to day operations of this business in any capacity T understand my fingerprint will not be required, however,I am obligated to sign and disclose any information on all applications needed to process this application Yaf (IewI•:• Signature of spouse asking for waiver:•. ; :-: : red name of spouse asking for waiver (Spouse of individual listed below) ; : • • ; State of AIR 1 W)()(1 County of _ CassS The foregoing instrument was acknowledged before me this _t 1-{'r la a0D ` by —_ -- name al person acknowledged s ` 1,fliie Sealhaillhaashadiallarmillall W WHITNEY LASE Notary Publi si nature Notary Public-Notary Seal Stab of Missouri,Jackson County M)O olnlen(!. tln Dap it,zuig r I acknowledge that I am the spouse of the above listed individual. 1 understand that my spouse and I are responsible for compliance with the conditions set outa*oS If it is dettrffite4 theft above individual has violated{§53-125(13))the Commission may cancel or revoke the liquor,licgn 41 ot. oudhry Ayub Signat a individual involved wit:41h:a itenie)/ rented name of applying individual (Spouse of individual listed above) : x 1• .ur State of t:11rSSCOCI- - - ----- County of _ - C ss ___ _ _ — The foregoing instrument was acknowledged before me this A \ .�a 2()� y ChoudhryAyub — i 't b tlate name of person acknowledged Notary Pub is tgnature WHITNEY LACE Notary Public-Notary Seal In compliance with the ADA,this spousal aifrdawt of non participation is a.aalabic m oth forvis(or q��i�!��l�W op1i DD A ten day advance period is requested in wnnng to produce the alternate format �1 Ve"^'""^'n l{plre5 eP 17,2012 FORM 354I78 Rinsed 1/2008 APPLICATION FOR LIQUOR LICENSE ore«Use � E QED CORPORATION a ,, t„j INSERT - FORM 3a NEBRASKA LIQUOR CON)ROI COMMISSION 301 CCNFCNNIAL MALI ',Mill 4,)n �, PO BOX 95046 rt_I` ,L,��,y:S° I INCOL N NE 68569-5046 CON[COL COMk'JIYe t1YJ PHONE' (102)471-2571 li IAx 002)471-2814 Websde w,i,+ KI,II(en, Officers,directors and stockholders holding over 25%,including spouses,are required to adhere to the following requirements I) The pi esident and stockholders holding over 25%and their spouse(if applicable)must submit their fingerprints (2 cards pet person) 2) All officers,directors and stockholders holding over 25%and their spouse(if applicable)must sign the signature page of the Application for License form (Even if a spousal affidavit has been submitted) Attach copy of Articles of Incorporation{Articles must show barcode receipt by Secretary of States Office) Name of Registered Agent Mi hael Kelley -- — - Name of Cot poratton that will hold license as listed on the Articles 7th Heaven. Inc _ Corporation Address 521 Seaton Blvd City Ravmore State MO _ Zip Code 64083 Corporation Phone Number 816-214_7179-_ Fax Number n/a_ Total Number of Corporation Shares Issued 1000 _ Name and notarized signature of president(Information of president must be listed on following page) Last Name AVub First Name Choudhry MI Home Address 521 Seaton Blvd City Ravmore _ _ State MO Zip Code.64083 Home Phone Number.816-331-2849 P15. Y' Signature Went ; State of Nebraska ^ • • i tIlan Count) of nn - "e u 155 _ _ I'hc foregoing instrument was acknowledged before me this — — A1/20�11 aa, aci by date name of person acknowkdgerl Notary Public sigII re CA Affix Seal Wa _ _ _ _ _ _ _ _ _ 1 WHITNEY LAGE I 1 Notary Public-Notary Sul I Stets of Missouri,Jackson County Commission 0 00630608 1 I My Commission Expires Sep 17,2012 I • R List names of all officers, directors and stockholders including spouses(Even if a spousal aai'daTt TIRSc "'tat tat been submitted) APR 3 0 2009 cE3A3KA LIQUOR Last Name. Ayub - First Name. Choudhry CONT ISSnN - - ride President Number of Shares 760 /1/0,LehlreJE/MM' Last Name Shafiq First Name Muazam MI Social Security Number " - - Date of Birth ' Title Shareholder Number of Shares 240 eS Ai (A r— — NlLast Name First Name MI Social Security Number_ Date of Birth Title Number of Shares Spouse Full Name (indicate N/A if single) Spouse Social Security Numbci Date of Birth Last Name First Name, MI. Social Security Number Date of Birth Title. Number of Shares Spouse Full Name (indicate N/A if single) Spouse Social Security Number Date of Birth: bt-r Is the applying Corporation controlled by another Corporation' c � OYES [NOApe( ��(> NENA'EICA LSCI)OIL If yes, provide the name of corporation and supply an organizational chart CONTROLCOMMIisstON Indicate the Corporation's tax year with the IRS (Example January through December) Starting Date. 1/1/09 _ Ending Date 12/31/09 Is this a Non-Profit Corporation? FYFS 7JNO If yes, provide the Federal ID #t In compliance with the ADA ibis corporation insert form 3a is asedable in other formats for persons girth disabilities A ten day advance period is requested m writing to produce the alternate lormat REVISP.D 5/2007 ARTICLES OF INCORPORATION OF NEk iAc1?CAuouoR 7TH HEAVEN, INC. CON 1,01COM MISSION The undersigned, Michael A Kelley, Incorporator, for the purpose of forming a lawful corporation under the laws of the State of Nebraska, hereby adopts these Articles of Incorporation ARTICLE I. The name of the corporation shall be 7th Heaven, Inc ARTICLE II. The principal place of transacting the business of the Corporation shall be in Omaha, Douglas County, Nebraska, and such other counties and states as determined by the stockholders and the Board of Directors as being in the best interests of the Corporation The initial registered office of the Corporation shall be 7134 Pacific Street, Omaha, Douglas County, Nebraska, 68106 and the Registered Agent at that address shall be Michael A Kelley ARTICLE III. The nature of the business and purpose for which this corporation is formed shall be the operation of a neighborhood retail convenience store with petroleum sales ARTICLE IV. The name and place of residence of the incorporator is Michael A Kelley, 7134 Pacific St, Omaha,NE 68106 ARTICLE V. The corporation shall have perpetual existence and shall commence doing business at the time of the filing of its Articles of Incorporation with the Secretary of the State of Nebraska ARTICLE VI. The affairs of the corporation shall be conducted by a Board of Directors of not less than three, except that when the shares of the corporation are owned of record by either one or two stockholders, then the number of directors may be less than three, but not less than the number of shareholders, and by the statutory officers, to wit President, Vice President, Secretary and Treasurer, and by such other officers as may be provided by the By-Laws The Board of Directors shall have the power to make, alter or amend the By-Laws of the corporation The Articles of Incorporation may be amended at any regular or special meeting of the Board of Directors ARTICLE VII. The pnvate property of the stockholders of this corporation shall not be subject to the payment of the corporate debts ARTICLE VIII. The corporation shall be authonzed to issue common stock only, and shall be authorized to issue 10,000 shares of common stock with a par value of$1 00 per share. IN O O TOR STATE OF NEBRASKA ) )ss: COUNTY OF DOUGLAS ) ON THIS f day of / , 2009, before me, a Notary Public, in and for said County, personally appeared the above-named, Michael A Kelley, known to me to be the identical person who executed the foregoing ARTICLES OF INCORPORATION as Incorporator, and acknowledged to me that his execution of such instrument his volun t and deed GENERAL NOTARY-State of Nebraska GINGER GUILFOYLE MYComm Exp Aug 15,2011 2 APPLICATION FOR TEMPORARY AGENCY AGREEMENT Office U6C _ NEBRASKA LIQUOR CONTROL COMMISSION RE R 301 CENTENNIAL MALL SOUTH PO BOX 95046 Aga 3 0 200 LINCOLN,NE 68509-5046 PHONE,(402)471-2571 `1 h,. /1` ;a'j�� FAX'(402)471-28I4 1�3EF rivl '�1- Weeie %WMICCne2ov iSSICIN COivTk�01_COMM • This application may be submitted along with a completed application for liquor license • Must include a copy of the signature card from the financial institution where account has been set up • Agreement is effective upon processing of the application and the three digit number has been issued to applicant • Agreement is effective up to 120 days from issuance of ID number ID# On (date) 42- ram /� ve0.09 seller and buyer entered into a contract for sale of the business known as b/Xeni/ CV.; /..-4.2 , which contract is contingent upon buyer receiving approval for a liquor license to operate the business. Seller and buyer agree to allow buyer to operate the business, subject to approval by the Nebraska Liquor Control Commission, (NLCC) for a period not to exceed 120 days subsequent to the date of filing the application with NLCC. Seller will maintain a possessory interest in the property in the form of a lease, use permit or license; Buyer will at all times be the agent of the seller, but buyer will be completely and totally responsible for the operation of the business and for all liability associated with the operation of the business during the time when buyer is acting as seller's agent; it is specifically understood that seller shall have no liability for the operation of the business during this period of time, and buyer agrees to indemnify and hold seller harmless from any claims arising during this period of operation; however, it is understood that the liquor license remains in the name of the seller and seller will be responsible for all violations of the liquor laws of the State of Nebraska until such time as seller's license is canceled; At time of closing,certain funds will be held in escrow pending issuance of the license. ame, address, account number)of where escrow account is being held (SEND OVER Page 1of2 REV 1L06 All profits derived from the operation of the business by the buyer, after payment of bills and salaries, shall be paid to the same escrow agent to be held until the issuance of the license, it being specifically understood th the buyer shall receive no profits from the operation of the business until the liquo • laap�ts buyer, but shall have the right to direct the investment of profit funds by escrow ager� E , L This agreement constitutes the entire and complete understanding of all parties with rat® ,11! gency relationship, and is binding upon the heirs, personal representatives and successors of the parties. NEBRASKA L,OJ"O''�2�� '� It is hereby understood that in the event the Commission denies this applicatil o N�Jingeriey- Agreement is null and void the date of the order. Signature off seller Si buyer �' : .. State of Nebraska C State of Nebraska /1 County of C1%S County of Cuss The forgoing instrumentp�� was acknowledge before The forgoing instrument was acknowledge before me this AP �na rt /91/406c1 me this �Apri 1 99 9 le 1 — ' y/ 1 1/4 a A LaLA�. C4. Notary Publi,6. :tune 4 1\otary Pub c tguatur Heae WHITNEY LAGE Afar 4.1 Here Wflh t f LAGE Notary Public-Notary Seal 4 Notary Public-Notary Seal State of Missouri,Jackson County , State of Missouri,Jackson County Commission is 08638689 Commission •08638689 t My Commission Expires Sep 17 2012 Paget oft REV tl/OS Prrapt " PURCHASE AGREEMENT a , ' APR302009 THIS AGREEMENT made and entered into this 1' day of ti,r494.(109 and between IV! & A Petroleum Corp., a Nebraska corporation (herema ij Th dl MISSION Seller), and 7th Heaven, Inc., a Nebraska Corporation (hereinafter referred to as Buyer) WHEREAS, Seller is presently doing business at 1222 So 24`h Street, Omaha,Nebraska under the name "Infinite Oil" and, WHEREAS, Seller is presently the owner of all of the furniture, fixtures, equipment, utensils, inventory and goodwill used in the operation of the tavern, which assets the Seller desires to sell and Buyer desires to purchase Items of inventory and personal property are specifically enumerated on Exhibit A, attached hereto WHEREAS, the Seller currently has a Class "B" Liquor license issued by the Nebraska Liquor Control Commission NOW, THEREFORE, the parties hereby agree as follows SALE OF BUSINESS: Seller will sell to Buyer and Buyer will purchase from Seller, the business known as Infinite Oil and the assets shown on Exhibits A, attached hereto, for the sum of One dollar ($1 00), plus inventory at wholesale cost, payable as hereinafter set forth and subject to the terms and conditions contained herein PAYMENT OF PURCHASE PRICE: Buyer agrees to pay the aforementioned purchase price of One dollar ($1 00) plus inventory to Seller as follows. a) Payment of$1 00 paid in full at the time of closing, b) The value of the liquor inventory supplies will be determined at wholesale cost and paid at the time of closing, said amount to be sued to offset other debts Buyer is assuming, SELLER'S REPRESENTATIONS AND WARRANTIES: Seller represents and warrants to Buyer as follows Page I of 5 fE ( 1) Seller owner of , equipment, Ujc MMSr etcset foton Exhibi "A" atttched hereto presetlused in connection JSION with the operation of the aforementioned business and located upon the above described premises, together with the goodwill of said business, free and clear of any and all liens and encumbrances of any nature, reference lien released at closing (2) All f urniture, fixtures, equipment, improvements, etc, more specifically set forth to Exhibit "A" attached hereto are sold on an "as-is basis", Buyer shall be given access to the premises prior to signing the temporary agency agreement to examine the condition of any such items (3) Seller has no presently existing contract or commitment which will extend beyond the closing date hereof (4) A Class "l3" Liquor license has been issued to Seller by the Nebraska Liquor Control Commission, which Liquor license is currently in full force and effect and in good standing, Seller agiccs to swrender its Class "Jr Liquor license in the event that a Class "B" Liquor license is granted to the Buyer REPRESENTATION OF BUYER: Buyer warrants and represents the following to the Seller (1) It is a corporation organized and existing under and by virtue of the laws of the State of Nebraska, and its stockholders are citiiens of the United States and have never been arrested or indicted foi or convicted of any crime or accused of violating any law which would disqualify them as applicants for a Class "B" liquor license or for any other license required for the operation of the Seller's business (2) The funds to be paid under this Agreement are howl souices acceptable to the Nebraska Liquor Control Commission, (3) No Liquor license has ever been issued to it that has been suspended or revoked (4) It knows of no reason why its application for a Class "B" liquor license should be denied, or why the transfer contemplated hereby should not be approved by the Nebraska Liquor Control Commission, and I'age 2 of 5 (e) It has inspected and is familiar with the physical condition of all furniture fixtures and equipment of Seller CLOSING: I he closing shah he completed as soon as piacticable, but in no event later than April 3Q 2009 CONDITIONS OF OBLIGAI IONS OF BUYER: The obligations of the Buyer hereunder shall be subject to the appim al heieot by the Nebraska Liquor Contiol Commission and the issuance of a Class "B ' liquor license by said Commission to the Buyer The obligations of the Buyer are also conditioned upon the Buyer obtaining an acceptable assignment of Lease for the licensed premises [he Buyer shall make application for the issuance of a liquor license as soon as possible but no later than May I, 2009 to the Nebraska Liquor Control Commission and will diligently piosccutc such application with the full support and cooperation of the Seller Any lack of diligence on the part of the Buyci in prosecuting such application shall constitute a default hereunder POSSESSION OF PROPERTY PRIOR TO CLOSING: From and aflei the date of this Agreement and until closing, Buyer shall have possession and use of the real property, fixtuies, equipment and inventory 1 he parties agree to execute a Temporary Agency Agreement as tiled with the Nebraska Liquor Control Commission, whereby Buyer will, pending its application for a liquor license, be the agent of Seller, but granted the complete and total responsibility for the operation of the business, Buyer shall, subject to the terms of the Temporary Agency Agreement, be entitled to all right, title and interest in the revenues and profits derived horn the operation of the business and the payment of all liabilities associated with the operation of the business Buyer agrees to indemnify and hold harmless Seller from any claims or liabilities arising during this possession period, including but not limited to any tines and/or legal expenses Page 3 ail Jcv relative to any liquor \iolations that oceur after the date of the signing of the tenjpga{yie agreement NEEt=sA&c,b, LIQUOR cftJ11LinL r-f?t1AMISSION INSURANCE AND RISK OF LOSS: Any risk ot loss to the Property shall be borne by Buyer atter signing the temporary agency agreement Buyer shall can} fire and extended covet age sufficient to cover the full replacement of the assets heron Buyer shall carry public liability insurance in an amount of$1,000,000 00 foi each person injured in any one accident with Seller being named as an additional insured BUYER'S REPRESENTATIONS PRIOR TO CLOSING: Buyer makes the following representations during the period of possession and poor to closing 1 Buyer shall maintain the premises in as good a condition and repair as at the date of this Agreement, normal wear and tear and depreciation from causes beyond Buyer's control excepted, 2 Buyer will not commit waste on or damage to the Property, 3 Buyer will permit Seller access to the Property for Seller's inspection, 4 Buyer will not make any structural alterations to the premises without prior appro'al of Sellei, 5 Buyer shall not assign or sublease the Property in any manner, 6. Buyer shall pay all gas, electric, and other utility bills associated with the use of the Property, and all other operation expenses Buyer shall he responsible for all repairs required to the Property SURVIVAL OF REPRESENTATIONS: The representations, warranties and agreements of Seller and Buyei contained in this Agreement shall not be discharged or dissolved upon the closing ot this transaction but shall survive and shall be unaffected by an investigation made by any party at any time Page a of 5 %CER/ED ENTIRE AGREEMENT: I his Agreement constitutes the entire agreement)etweerrtnt NEE f ASTy ,OUOR parties, supeiseding any and all prior oral agreements, understandings, r�P4 �� missiUN arrangements, and may not be modified except in writing signed by the patties hereto IN" WITNESS WHEREOF the parties hereto have executed this Agreement the day and veat first above written t � / ri NI & A Petroleum Corp. Seller By Mohammed Ali 7t , even, Inc., Buyer By Choudluy Ay ub Pup: 5 ua 5 ,,a ?6wv'� r`- . 6Ah ,A 4- (J ��. /, ikiJo,e?- ►� M. rpj3k - `t P1 27-) C'5 fid & ( f )-(4{P l i ,pp ii -K g ti �� 1 __1 co-,,� Corn UU • - 2s Ad 14-' 6 (er46g. 3 il l 6 1 t !kg ei ,,72 , g F All- ILA lof ` t 3ucir. ,,±-li 1t,-,,-t- (- ( L -G 1-4 t -4-He( li I rG-± ' K. '-',LA op Pocir(o _to �Q ' C) f ` 4 IF D //i d(rcl< st4 �! ,_ i- �ACC "<, , .„, , k(JL r .LitjoR 2 LitotoIssioN (it'd oil ice • / 6- i c(tt?t•(t9-e i' (I(9cLe4 It SP - / {1 (4$4 6 L L, c,-cga 5 16 IZ,e(VCS e • I-Ctv-i u.,okt .-3 1 3, C. c c ca J gkd' i-4 --i, c�D_C6 .1J Qt.,' T iLt a tcnl 'Or kiii - / ;). �tI) /.2 �A) ALICIt!%IJt6 (/3 E �) ( , 1,4Ce9 AD I ? 13�e{ L SCA Cs Cf4le ) (t . , , . - K i�r' ` '�' IL 1 1i I --4 vw I -)4Au -7,;k (.( )u - L / � IIILL)DPP ( 4 J 7sti1/45-4 j .'%se) // ,Anr>°b i 7/ // eu3 e�,d 6 tne) // REcic:1‘i ED COMMERCIAL LEASE WITH OPTION TO BUY APR 3 0 2009 THIS COMMERCIAL LEASE ("Agreement") datteed3t't, 2009, is made by and bretA7 % trdlt tiOR corporation whose principal offices are located at 1222 S 24th Street, Omaha,NE, (hereffMft . L. iJ1c4 4 43!ON heaven, inc whose principal place of business is located at 521 Seton Blvd,Raymore, MO 64083 (hereinafter the "Lessee") RECITALS WHEREAS, Landlord owns certain real property (the "Land") and commonly known as 1222 24th Street Omaha, Nebraska, together with all buildings appliances, fixtures, equipment, machinery and other improvements now existing thereon(collectively, the"Improvements"), and WHEREAS, Lessor desires to lease to Lessee and Lessee desires to lease from Lessor the Land and/or Improvements located at 1222 24th St. Omaha, NE, (hereinafter the "Premises") subject to and in accordance with the terms and conditions set forth below, NOW, THEREFORE, in consideration of the foregoing Recitals (which are incorporated herein by this reference), the mutual covenants and conditions set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Lessor and Lessee hereby agree as follows 1. Term (a) The term of this Agreement begins on April 27, 2009 (Commencement date") and ends at 11:59 p.m.,Central Standard Time,Apnl3, 2010 (the Expiration Date") There is a 5 year option to extend or renew this lease 2 Rent 2.1 Base Rent (a) The rent for the duration of the term shall be Six Thousand Dollars ($6000 00) monthly once Lessee receives liquor license Before lessee receives liquor license the rent shall be four thousand ($4000) monthly (b) For each calendar month during the term of this Agreement, Lessee shall pay to Lessor, in the manner stated above, all installments of rent for the Leased Premises without deduction, setoff or demand Lessee's covenant to pay Rent shall be independent of each and every other covenant of this Lease and shall survive the expiration or earlier termination of this Lease with respect to Rent due and payable during the Term (c) The rent is due and payable in advance on or before the first day of each month beginning on June 1st, 2009 Payment shall be drafted by Lessor from Lessee's bank account by electromc funds transfer(`EFT")unless Lessor specifies another means of payment (d) Lessor has the right to impose a service charge against Lessee for each EFT draft which is returned for non-sufficient funds whether or not payment is subsequently by Lessee 2.2 Additional Rent/Taxes. (a) Lessor shall pay to the governmental taxing authority when due, hereunder, all Real Estate Taxes and assessments(general or special)levied against the Premises for the first five years 3. Permitted Use. The Leased Premises MAY ONLY BE USED for the retail sale of motor fuel, operation of a convenience store providing the retail sale of products and services typically sold in convenience store in the geographic market in which the Leased Premises are located 4. Deposit 1 IT4 VED There is a five thousand dollar($5,000) security deposit required to be paid to Lessor a`nt�ditLI sid09 month the lesse is bond to pay the fifty Thousand Dollars($50,000.00)deposit with in nu$jly 490) and pervious five thousand will adjusted in that deposit. ;!iNTfrio �MMISSION 5. Utilities Lessee shall pay promptly, as and when the same become due and payable, all water and sewer rent rates and charges and all charges for electricity, gas, heat, steam, hot and/or chilled water, air conditioning ventilation, lighting systems, sprinkler systems and other utilities supplied to the Leased Premises Lessor shall have no liability to Lessee for disruption of any utility service, and in no event shall any such disruption constitute an eviction, constructive or otherwise, or entitle Lessee to an abatement of Rent 6. Alterations By Tenant Lessee shall not make any alterations, additions or improvements to the Leased Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld so long as the proposed alteration, addition, or improvement does not affect any structural component of the Leased Premises or any building systems and no Event of Default exists hereunder Otherwise, Lessor may withhold consent in its sole discretion Any alteration approved by Lessor or otherwise permitted hereunder shall be done at the sole cost and expense of Lessee and performed in a good and workman like manner in compliance with all Applicable Laws by a duly licensed contractor pursuant to plans and specifications approved by Lessor If the total cost of any such alteration, addition or improvement is reasonably estimated to exceed Ten Thousand and No/100 Dollars ($10,000 00), then Lessor may, as a condition to approving such alteration, addition or improvement,require Lessee to a) provide to Lessor prior to the commencement of Lessee's Work a performance and completion bond in an amount and form reasonably satisfactory to Lessor covering all of the costs of constructing Lessee's Work, mcluding, without limitation, costs for permits, licenses and other soft costs related to the performance of Lessee's Work, b) request the entire amount to be paid for Lessee's Work shall be deposited in and disbursed through a construction escrow with a title company acceptable to Lessor, all costs and expenses of which shall be the sole responsibility of Lessee Payments from the construction escrow shall be made only to the general contractor pursuant to sworn contractors' and owners' statements, a copy of each of which shall be delivered to and approved by Lessor prior to disbursement of any such payment The final payment shall not be made to the general contractor unless and until Lessee delivers (or causes the general contractor to deliver)to Lessor, at Lessee's sole cost and expense, a final lien waiver covering all costs of the construction of Lessee's Work and, at the request of Lessor, a title report or other evidence satisfactory to Lessor showing that no liens or claims for hens have been filed against the Leased Premises or any part thereof as a result of or in connection with Lessee's Work Prior to commencement of Lessee's Work, Lessee shall deliver to Lessor evidence of builders's risk and similar insurance required by and satisfactory to Lessor in connection with the construction of Lessee's Work 7. Maintenance and Repairs. Lessee shall be solely responsible for all maintenance and repairs required during the Lease Term required to be made to the Leased Premises excluding structural repairs to the buildings and improvements, underground tanks, lines, or repairs or replacements of a capital nature Replacement of storefront glass & windows is expressly understood to be a Lessee expense 8. Compliance with Laws/Lessee Representations. Lessee covenants,warrants and represents, as the case may be,to Lessor as follows a) Lessee is aware there are underground storage tanks("UST")on the Leased Premises, 2 b) Lessee is experienced in the ownership, operation,maintenance and control s IC{%I ED P c) Lessee is experienced in the ownership,operation, maintenance and control of a retail facility 5 selling motors fuels, APR 3 O 2009 d) Lessee agrees to become informed about and comply fully with all federaltaab3,1:49 r(ce33on laws, rules, regulations, ordinances, use permits, and all conditions andl®Esj $i( Lv�ti` SIC)iv} to the use and condition of the Leased Premises and with regard to Lessee's activities t ereon Without limiting the foregoing, Lessee must comply with all requirements of federal, state, and local occupational, health and safety agencies, and environmental protection agencies, concerning the receipt, storage, handling, use, sale and dispensing of motor fuels, the disposal of waste materials, and Lessee's other activities on the Leased Premises, including particularly those governing recovery of N apors,and the like e) Without limiting the generality of the foregoing, Dealer must comply with all of the obligations imposed by the federal Clean Air Act and any corresponding state counterparts, as amended, including but not limited to (1) 40 C F R Part 80, Subpart D, regarding reformulated gasoline, (2)40 C F R Part 80, Subpart C,regarding oxygenated gasoline, (3)40 C F R Part 80, Subpart B (specifically 40 C F R sections 80 27 and 80 28), regarding gasoline volatility, (4) 40 C F R Part 80 Subpart B (specifically 40 C F R sections 80 29 and 80 30), regarding sulfur content in diesel fuel, (5) 40 C F R Part 80, Subpart G, regarding deposit control additives in gasoline and (6) 40 C F R Part 80, Subpart H, regarding low sulfur gasoline, the Resource Conservation and Recovery Act, as amended, 42 USC Section 6901 et seq, the Clean Water Act, as amended, 33 USC Section 1251 et seq, and the Safe Drinking Water Act, as amended, 42 USC Section 300f et seq (f) Lessee agrees to comply with all applicable local, state and federal underground storage tank ("UST") compliance requirements and maintain written records of all maintenance and inspections of UST equipment for as long as required by law g) Lessee will maintain accessible features and accessible paths of access on the Leased premises in compliance with all applicable federal, local and state accessibility laws including, but not limited to,the Americans with Disabilities Act("ADA") 9. Abatement of Rent In the event that less than substantially all of the Leased Premises shall be damaged by fire or other casualty or less than substantially all of the Leased Premises shall be condemned but as a result the partial damage or condemnation the Leased Premises are rendered untenantable, then Rent shall abate from the date of the event causing such untenantability until thirty(30) days after the date possession of the Leased Premises is delivered to Lessee As used in this Lease, the term "untenantable" means reasonably incapable of being occupied for its intended use due to damage to the Leased Premises as determined by Lessee in the exercise of reasonable business judgment The Leased Premises shall not be deemed untenantable if either if Lessee continues to actually occupy the Leased Premises, or the event giving rise to the obligation to restore is the result of any act or omission of Lessee or any Lessee Party 10. Insurance (a) Without limiting Lessee's obligations, Lessee agrees to purchase and maintain at all tunes, at Lessee's expense and in compliance with any requirements of applicable law, insurance as outlined in this section This insurance must be satisfactory in form and substance to Lessor and must be of at least the following minimum kinds and limits (i) All risk property msurance, on a replacement cost valuation basis,covering building, improvements,structure and fixtures owned by Lessor Lessor shall be included as a loss payee under the commercial property insurance, and policy shall contain a waiver of subrogation as respects Lessor 3 (u) Commercial general liability insurance in an amount not less than $2,000,000 per occurrence covering Lessee's liability for business, operations, use nEppuy gL a/ �® QED the Leased Premises, i5L (in) Automobile liability insurance man amount not less than $1,000,000 combine tingery p(t limit for any auto used in the Lessee's operations, A>R es3 i L0UJ (iv) Workers' compensation insurance as required by statute, unless Lessee quaali t and remains qualified as a self-insurer under the applicable federal and sta C : 1U0R (vi) If alcoholic beverages will be sold at the Leased Premises, liquor li?b 4� bti1• M�SSI�N an amount not less than$1,000,000 per occurrence I ti ) (b) Insurance policies required by this Paragraph 25 shall be written by companies satisfactory to Lessor, and shall be primary and non-contributory to any coverage carried by Lessor (c) Lessee agrees to increase the amount of any insurance described herein promptly upon execution of this Agreement or upon receiving written notice from Lessor to do so Lessee agrees to obtain such additional insurance promptly upon receiving written notice from Lessor to do so (d) Lessee shall provide Lessor with a certificate of insurance from its insurance carrier evidencing coverage prior to its taking possession of the Leased Premises (e) Lessee will not materially change, amend, or cancel any of the insurance policies that Lessee is required to obtain under this Agreement, without first providing Lessor with 30 days written notice of the intent to do so, and obtaining Lessor's prior written consent to such change, amendment or cancellation (f) The existence or non-existence of any insurance shall not limit Lessee's liability for indemnity and other obligations contained m the Agreement 11. Surrender (a) Upon the expiration or any termination of this Agreement, Lessee will peaceably surrender and deliver immediate possession of the Leased Premises to Lessor Lessee agrees to surrender the Land, Improvements and any of Lessor's equipment located thereon in the same condition as they were at the time this Agreement was entered into,normal wear and tear excepted (b) Upon any expiration or any termination of this Agreement, Lessee will promptly remove any and all equipment, tools,inventory or other property belonging to Lessee In the event Lessee does not remove personal property,within 10 days after expiration or termination of this Agreement,title to such property shall pass to Lessor, without further notice If such removal of Lessee's property causes damage to the Leased Premises, Lessee will make repairs Upon any failure of Lessee to do so,Lessor may restore the Leased Premises at Lessee's expense 12. Notices All notices given pursuant to this Agreement are considered to be properly given if delivered personally or sent by certified mail addressed to the parties as follows Lessee 7m ffe,.,„. t^4 L.- Lessor or at such other address either party may from time to time notify the other of m writing Date of service of a notice served by certified mail is the date deposited in the United States Mail 4 13. Entire Agreement This Lease contains all of the agreements between Lessor and Lessee with respect to the Leased Premises and supersedes all other agreements, if any, written and oral, between the parties as of the date hereof. This Lease shall not be amended or modified except by a wntten instrument executed by Lessor and Lessee This Lease and the terms, covenants and conditions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, administrators, executors, personal representatives, permitted successors and assigns, except as may otherwise be expressly provided in this Lease 14. Quiet Enjoyment So long as Tenant observes and performs all of its obligations under this Lease in a timely manner, Tenant shall peaceably and quietly have,hold, occupy and enjoy the Leased Premises for the Term, without 15 Headings Paragraph headings are for convenience only and shall not be construed as a part of this Agreement 16 Severability. If any term or condition of this Lease or the application thereof to any person or circumstance is or is held to be invalid or unenforceable m any respect, the remainder of this Lease, and the application of such term or condition to persons or circumstances other than those as to which it is held to be invalid or unenforceable, shall not be affected thereby, and each term and condition of this Lease shall be valid and enforced to the fullest extent permitted by Applicable Law 17. This lease is subject to lessee obtaining the liquor license. IN WITNESS WHEREOF,the parties hereto have caused this Agreement of Lease to be executed as of the day and year first written above LESSOR: yy. / LESSEE: By 1 O`744 P� ri By 7#4, dieaur,.� �r✓� l(or�a�Name l�( /� £7I 4 Name Miore .,-, S/iaci Title 7Ztrirlia Title ©!A tins^ 5 Print Form MANAGER APPLICATION Office Use INSERT-FORM 3c % SIV E NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH A Ni ' rylLp� PO BOX 95046 lif bU1J LINCOLN,NE 68509-5046 PHONE(402)471-2571 iVF�?t"3JiUKA E.€O:�Q� FAX (402)471-2814 COPVTROI I Wctsuo wwwiccnegoy COMM S5,UN Corporate manager,including spouse,are required to adhere to the following requirements If sponse filed affidavit of non-participation fingerprints and proof of citizenship not required 1) Must be a citizen of the United States 2) Must be a Nebraska resident(Chapter 2—006) 3) Must provide a copy of birth certificate,naturalization paper or US passport 4) Must submit fingerprints(2 cards per person) 5) Must be 21 years of age or older 6) Applicant may be required to take a training course q 8 9 1 0 0 ] d del gi 4sd 1 tek��lri Ot R $ .9 ti` d �� Name of Corporatioi/LLC 7th Heaven,Inc i 7 ns Ili' v;re n L.- .. , :.al I. s A i, to, �< �_u '4t,�- a- ,., � n k ,4 i 4 rd a-.7Ydv, s9t�.".` Premise License Number: or new application leave blank) Premise Trade NamefDBA: Midtown Gas&Grocery Premise Street Address, 1222 So 24th Street City: Omaha Zip Code: stos Premise Phone Number: a �" gyp- Sri a9 e•'o )^ , a.`,:s s is as ; of ,�iet,ss",4ri1't.i* - i *., , #t n c "cjF r: s,l kta . .kki t , : r$�'�xy� t.„4.2,r,,„,1'0'-4{ ., i .p t 1 dR • : t F°} L ,, J Y.iC'aj Tw!��� �e CORPO OFFICER SIGNATURE 'axed sit I attires are ace-stable ,fi Form 3c Page 1 R r .<r-u,.. ,:*-r,...* w g--1,, nw 'li . „ r' Ai"rx^'ggt'"A. v'",ley `r-liw �,+w�'a"`+ 1,? iF it, y�',�4'w °�' er's informatGmutpst:be omplet+ d belOcit RLl1'E, * EMAL ti ,, , A7" 1 'r '�`�t1 ri= av a'%t-'t' Gender: MALE FEMALE Last Name: RICHARDSON - _ First Name: (HOLLY MI: P Home Address(include PO Box if applicable): 1217 S 25TH AVE-'!N,APT 4 City;iOMAHA I State:lJE - - Zip Code:1681°5_ Home Phone Number: 347-299-9237 Business Phone Number: SAME Social Security Number: I — - Drivers License Number& State: I - .. Date Of Birth: - I Place Of Both: 'FAIRBURY,NE r + e. ifiyes,pomp t "•ppuse'1 m£o 4i°, l.veLi asp, ppl affi. . t .„*„etn, u.,. rti YES f NO e� n y — n ..-! ,er �` ea ,w+y• kww.• wa, '""y�" a�p�'^ep--s� •'°`n,, ,rv",• �pk^t� Sl ' e IfAi � c "'ti _4' `,° � . ,,, '7!�' .ip,,..0yr 'N r' l Spouses Last Name: SEE ATTACHED NOTE „ First Name: ,MI: Social Security Number: Drivers License Number&State: Date Of Birth: Place Of Birth: I _ . - _ „,. .. .. ... n 91:1Y ay ,..,a l`6 �14� -0. ,1b• *�k�r+�,r 4 �' s n uC 't"�"°T- �iA'� i,"ul ,J&i3' , :' 1 ^"-' ,y " y A'."'�a.�* o1 -' .f+�/•f3 i '�91fR,y CITY&STATE YEAR CITY&STATE YEAR FROM TO FROM TO `IOGERSVILLE,MO 1998 2001 I ) BARNESTON,NE 2001 2007 L— PAWNEE CITY,NE 007 2008 NEW YORK,NY 008 009 I YEAR NAME OF EMPLOYER NAME OF SUPERVISOR TELEPHONE NUMBER FROM TO 2008 2009 GLASS FACTORY,NEW YORK,NY 646-602-0712 2008 12009 ',•ALACE,NEW YORK,NY IIIIII—.IIIII r 12 533-5656 . , o '.t 4 x r 3 - Form 3c Page 2 `'lA^' Ty.Y� . q " Cr. !�( d 9.111;t ) l t ayy Ali 'rfeb .fi - :41/4k`?..,44, �Y , r1: Ca 'ftei y^� Leri t l �, Y.,i t q. Frs , h' a ,, i eii ei 19 e �I'{M1 -tP4 " • ,�,tS �x EA K t S� ittt ) n 6 " J i '4'' � iy� M, .3 i -4 y4_, '� -, 4, "'t'4 ae 4.+n� 'f` ',rp a:A lL.-1'�+F 't ?a ,, ,,x d {i4&' ,, a. �.lLe .`�.,...,.-..?IsR'�' :.It tgr R DBE. �' ...� 1 M1"C�i� .vlA' Rail,�.... -4�� .vS �+ RLS 3.v...nv. .t ie6� .1 k _ Hu A A.. 1. READ PARAGRAPH CAREFULLY AND ANSWER COMPLETELY AND ACCURATELY. Has anyone who is a party to this application,or their spouse,EVER been convicted of or plead guilty to any charge. Charge means any charge alleging a felony,misdemeanor,violation of a federal or state law, a violation of a local law, ordinance or resolution. List the nature of the charge,where the charge occurred and the year and month of the conviction or plea. Also list any charges pending at the time of this application. If more than one party,please list charges by each individual's name. ®YES ENO If yes,please explain below or attach a separate page. PLEASE NOTE THAT MS RICHARDSON'S DRIVER'S LICENSE HAS BEEN REVOKE FOR VARIOUS TRAFFIC VIOLATIONS L - 2. Have you or your spouse ever been approved or made application for a liquor license in Nebraska or any other state? IF YES,list the name of the premise. ®YES fNO 3 Do you, as a manager,have all the qualifications required to hold a Nebraska Liquor License? Nebraska Liquor Control Act(§53-131.01) DYES ®NO 4. Have you filed the required fingerprint cards and PROPER FEES with this application? (The check or money order must be made out to the Nebraska State Patrol for$38.00 per person) Pi YES ®NO 5 Do you have any experience in selling alcohol in the State of Nebraska? If so list training and/or experience(when and where) Date: I Where: 12003 WORKED IN A CONVENIENCE STORE IN BEATRICE,NEBRASKA FOR APPROXIMATELY 1 YEAR l 1 Form 3c Page 3 _ ...,.,.I 0 f,,' ,'.._8� r i. wi5W3 Y -' ' ' , , `u4Hv -, ,, , - ...v r.v.;Ili? na_ k .f .-6 e,jilt' -,•.Sfjrt.,-.v iv.. b r r . 4 . .. -.. . The above individual(s),being first duly sworn upon oath,deposes and states that the undersigned is the applicant and/or spouse of applicant who makes the above and foregoing application that said application has been read and that the contents thereof and all statements contained therein are true If any false statement is made m any part of this application, the applicant(s)shall be deemed guilty of perjury and subject to penalties provided by law. (Sec §53-131.01)Nebraska Liquor Control Act. The undersigned applicant hereby consents to an investigation of his/her background including all records of every kind and description including police records,tax records (State and Federal), and bank or lending institution records, and said applicant and spouse waive any rights or causes of action that said applicant or spouse may have against the Nebraska Liquor Control Commission and any other individual disclosing or releasing said information to the Nebraska Liquor Control Commission The undersigned understand and acknowledge that any license issued, based on the information submitted in this applicatio 's subject to cancellation if the information contained herem is incomplete,maccurate,or Era udulejq C ' iciE `APR 3 0 2009 6 //II EERASKA LuQUOR / cilaAd CONTROL COMMiSStUM Sign of Manager Applicant Signature of Spouse State of Nebraska County of T--2,01-77�' County of The foregoing instrument was acknowledged before The foregoing instrument was acknowledged before me this 41.X —d1 by me this by / 49 otary ' ,lie s 1a,stare Notary Public signature Affix Seal Here Affix Seal Here ,f� GENERAL NOTARY-State of Nebraska �I'�1�'i GINGER GUILFOYLE .< My Comm Exp Pug 15,2011 In compliance with the ADA,this manager insert form 3c is available in other formats for persons with disabilities A ten day advance penod is required m writing to produce the alternate format Revised 9t2008 Form 3c Page 4 ' r Ilk & KELLEY 7134 Pacific St • Omaha,NE 68106 LINCOLN OFFICE (402)397-1898 • Fax(402)397 1293 62S South I4th St Suite B JE RRA M Lincoln NE 68508 1-800 472-4529 (4021074 2303•Far(40010744052 II P C L.L.O. W W W kelie'iand(erram cem MISSOURI OFFICE • • ' l 656 Bayberry Lane Suite 105 V Lees Summit MO 64064 tAttorneys At Law .- y lc (a,6)4n 4529 MICHAEL A KELLEY(NE) II �vE� CHRISTOPHER D JERRAM (NE MO &KS/ V "'.GGS»+ Tom KELLEY(1919-19891 APR 3 . ' ,!j sVEBRA . 4LI.UOR - CONTROL C•M SSIO March 30, 2009 Director Hobert Rupe l Nebraska Liquor Control Commission �y l P O Box 95046 DC Lincoln,Nebraska 68509-5046 Dear Director Rupe Our office represents 7th Heaven, Inc. in their application for two liquor license 7th Heaven, Inc has hired Ms Holly Richardson to serve as their corporate manager Per the Commission's application requirements,the spouse of the corporate manager is required to sign the application Ms Richardson has had limited contact with her estranged husband and has lived separately from him for the past three years Divorce proceedings are being pursued. We are, consequently, requesting that the Commission grant a waiver allowing this application to be processed without the signature of Ms Richardson's spouse. Also,Ms Richardson was unable to locate a copy of her birth certificate and has requested a copy from Lincoln As soon as she has received the copy,we will forward same to the Commission �0 �(I r Sincere) , Orli' ✓A 0 S , "-rid 4" L1� y `• erGu 1 0 �" Iiiti tan is ael A Kelley .,1 r t Vett ig IN THE DISTRICT COURT OF SEWARD COUNTY, NEBRASKA RANDALL LEE RICHARDSON, ) Case No 61 09 702 ) Plaintiff; ) ) vs ) COMPLAINT FOR DISSOLUTION ) OF MARRIAGE HOLLY JOY RICHARDSON, ) ) Defendant ) COMES NOW the Plaintiff and alleges as follows 1 Plaintiff has been a resident of the State of Nebraska for more than one year prior to the filing of the Complaint herein, and is a resident of Seward County,Nebraska, 2 Plaintiff and Defendant were married in Beatrice, Gage County,Nebraska on September 12, 2002 3 That two children were bornof the marriage; however, parental rights of both Plaintiff and Defendant as to both children are terminated 4. That the marriage between the parties is irretrievably broken; 5 There are no other actions pending for divorce,dissolution or legal separation between the Plaintiff and Defendant; 6 1 he names and addresses of the parties are as follows, A Randall Lee Richardson 1315 Fairfield Avenue,Apt.6 Seward,NE 68434 B. Holly Joy Richardson 85 Lexington Avenue Brooklyn, NY 11238 7 That during the course of the marriage the parties have acquired personal property and have incurred certain debts, and an equitable division thereof should be made. WHEREFORE, the Plaintiff prays as follows: A. That the marriage between the parties be dissolved, B That the Court make an equitable division of the personal property accumulated by the parties during the course of their marriage; C. That the Court determine the responsibility of the parties for the indebtedness incurred by them during the course of their marriage; D. That this matter be heard by a District Judge;and E Thai the Court grant such other and further relief as to the Court may seem just and equitable RA ALL LEE RICHARDSON, Plaintiff 3 I2(1I D1 By. . k(73Y`- Date Ka hryn A. 01 #16629 Attorney for PI tiff CIVIL CLINICAL LAW PROGRAM University of Nebraska College of Law 172 Welpton Courtroom Lincoln,NE 68583-0902 Telephone: (402)472-3271 Fax' (402)472-3228 2 us Tena erhfied Senior Law Student \i)j lie itioen David Hough Certified Senior Law Student VERIFICATION STATE OF NEBRASKA ) ) ss. COUNTY OF LANCASTER ) Randall Lee Richardson, Plaintiff herein, after being first duly sworn on oath, deposes and states that he has read the above and foregoing Complaint for Dissolution of Marriage and that the allegations contained therein are true. Randall Lee Richardson.Plaintiff SUBSCRIBED AND SWORN to before me on this day of , 2009 NOTARY PUBLIC 3 05-29-'09 09 91 FROM-KELLEY&JERRPM PC LLO 402-397-1293 T-460 P003/003 F-162 CITY OF OMAHA RETAIL LIQUOR LICENSE APPLICANT'S STATEMENT OF BUSINESS ACTIVITY In accordance with Omaha City Ordinance section 15-22, this statement of business activity is submitted to the Omaha City Council. Ordinance section 15-22 requires all applicants for retail liquor licenses to submit a written statement describing all types of business or activity that will be operated on the premises in conjunction with the proposed license. A failure to include a business or activity will be considered by the City Council as the applicants representation that the omitted business or activity will not occur on the licensed premises without City Council approval. Failure to operate consistent with this statement may be grounds for cancellation,revocation, suspension,or non-renewal of the license(OMC § 15-42). DESCRIBE ALL BUSINESS OR OTHER ACTIVITY THAT WILL OCCUR ON THE LICENSED PREMISES. Retail establishment selling grocery items, sundries, gas alcoholic beverages, etc. Continue on reverse side 7th Heaven, Inc. Corp ation and/or Tr e N e (Please Print) fagP. Michael Kelley, Attorney Signature&Title of Apphcant QYAuthorized Representative OMw in, NE OQ �I'I //y dp City of Omaha, Nebraska \ 1 7 grii 1819 Farnam — Suite LC 1 `[ ?q( w Omaha, Nebraska 68183-0112 %' & r. '- ti Buster Brown (402) 444-5550 City Clerk FAX (402) 444-5263 O 'TED F6SR3P�� May 19, 2009 7`h Heaven, Inc Application for an Off Sale Beer License Dba"Midtown Gas & Grocery" 1222 South 24th Street Omaha,NE 68108 Dear Liquor License Applicant. This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for June 2, 2009 The City Council Meeting begins at 2 00 P M in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Famam Street, Omaha, Nebraska City Council Liquor Rule No 6 states, "Each applicant for any type of license shall be personally present in the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license" Failure to be present at this Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission Sincer9yyours, ,yam Y Buster Brown City Clerk BJB c1I OM.poHA, ^E City of Omaha, Nebraska ��, � adreAtria 1819 Farnam — Suite LC 1 i �1 „ Omaha, Nebraska 68183-0112 0'`.w a., • ;-..,.. • Buster Brown (402) 444-5550 #A City Clerk FAX (402) 444-5263 04.9Tf p FE10°.'k May 19, 2009 7th Heaven, Inc Application for an Off Sale Beer License Attn Choudhry Ayub for 7`h Heaven, Inc , dba"Midtown Gas & 521 Seaton Blvd Grocery", 1222 South 24th Street Raymore, MO 64083 Dear Liquor License Applicant This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for June 2, 2009 The City Council Meeting begins at 2 00 P M in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha,Nebraska City Council Liquor Rule No 6 states, "Each applicant for any type of license shall be personally present in the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license" Failure to be present at this Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission Ordinance No 37046, passed June 27, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincely yours, �� s:; X '�. L ,.�j.., `-^,.,, ' J Buster Brown City Clerk BJB clj 0 ckHA, `ye Cityo f Omaha, Nebraska :4° 'jR's� adrefilkeliel 1819 Farnam — Suite LC 1 Art _r il{ ,r w Omaha, Nebraska 68183-0112 02'.w �A.y ;.� °ti Buster Brown (402) 444-5550 City Clerk FAX (402) 444-5263 0 R.4 FEg 0- May 19, 2009 Mike Kelley, Attorney Application for an Off Sale Beer License 7134 Pacific Street for 7th Heaven, Inc , dba "Midtown Gas & Omaha, NE 68106 Grocery", 1222 South 24th Street Dear Liquor License Applicant Attorney. This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for June 2, 2009 The City Council Meeting begins at 2 00 P M in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska City Council Liquor Rule No 6 states, "Each applicant for any type of license shall be personally present in the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license" Failure to be present at this Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission Ordinance No 37046, passed June 27, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, i -, � .�,- r ( Buster Brown City Clerk BJB clj RECOMMENDATION OF THE NEBRASKA LIQUOR CONTROL COMMISSION Date Mailed from Commission Office May 14,2009 I, Buster Brown Clerk of The City of Omaha,A Municipal Corporation (City,Village or County) Nebraska,hereby report to the Nebraska Liquor Control Commission in accordance with Revised Statutes of Nebraska, Chapter 53, Sec 134(7)the recommendation of said city,village or county,as the case may be relative to the application for a license under the provisions of the Nebraska Liquor Control Act as applied for by 7Tn HEAVEN INC dba MIDTOWN GAS&GROCERY B-85242 1222 S 24TH STREET OMAHA NE 68108 45TH DAY -06/29/2009 1 Notice of local hearing was published in a legal newspaper in or of general circulation in city,village or county, one time not less than 7 nor more than 14 days before time of hearing Check one Yes X No The Statutes require that such hearing shall be held not more than 45 days after the date of receipt of this notice from the Commission 2 Local hearing was held not more than 45 days after receipt of notice from the Nebraska Liquor Control Commission Check one Yes X No 3 Date of hearing of Governing Body June 2,2009 4 Type or write the Motion as voted upon by the Governing Body If additional Motions are made by the Governing Body,then use an additional page and follow same format MOTION TO GRANT 5 Motion was made by Frank Brown Seconded by James H Suttle 6 Roll Call Vote 5-2 7 Check one The motion passed X The motion failed 8 If the motion is for recommendation of denial of the applicant,then list the reasons of the governing body upon which the motion was made (Attach additional page if necessary) SIGN HERE ;a1V DATE (v///9 lerk signature REV 7/99 Form 35-4115 RS c, 0 ND CD CD C), E Pi w c °' o `<. < as 0 0 0 , o ro VD 0 w m ° N �. ?. O rn a 7 N 0 O G Nxt Z NJ O W 5". , CD .. n N to IVI a CD COO O CD CAL1 0 n n 4 o r., La w 4 = q — 4 c, C) Ed 0 m � y n w 0 ,C n o m n Na Roo 8 0 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNICL OF THE CITY OF OMAHA THAT, in accordance with the provisions of the Nebraska Liquor Control Act, as amended, after a hearing held within 45 days after receiving notice and a copy of the license application and upon due consideration of all standards and criteria provided by law, this Council hereby recommends that the following application for an Off Sale Beer License be granted 7th Heaven, Inc , dba "Midtown Gas & Grocery", 1222 South 24th Street That, the cost of publication of notice of the hearing was $26 00 June 2, 2009 - Resolution No 536 - Motion to adopt Carried 5-2 hereby cerH'y Ehn r---1 a;�� es a true correct co—�� of �,H �� now on file in ilk.- and Oli° Clerk's"�;Inal document Office. City erk, City of Omaha B Frank Brown Y Counei lmem ber Adopted June 2, 2009 5-2 Buster Brown City Clerk Approved Mike Fahey Mayor IN THE DISTRICT COURT OF DOUGLAS COUNTY, NEBRASKA SOLOMON HORTON, ) ) DOC 1090 PAGE 334 Plaintiff, ) ) v ) MOHAMMED ALI'S ANSWERS AND ) OBJECTIONS TO PLAINTIFF'S MOHAMMED ALI, D/B/A INFINITE OIL ) FIRST SET OF INTERROGATORIES AN UNKNOWN BUSINESS ENTITY, 2411 ) NORTH 30TH STREET, OMAHA,NE ) 68111 ) ) Defendant ) Defendant Mohammed Ali ("Defendant"), by and through his attorneys, pursuant to § 6- 333 of the Nebraska Rules of Discovery in Civil Cases, for his responses to Plaintiff Solomon Horton's ("Plaintiff') First Set of Interrogatones, states as follows GENERAL OBJECTIONS The following General Objections are made to each Interrogatory, and are incorporated into each response by reference, whether or not specifically stated therein No waiver of any General Objection is made notwithstanding a substantive response to any Interrogatory 1. Instructions and Definitions. Defendant objects to the instructions and definitions that precede Plaintiffs First Set of Interrogatories to the extent they seek to impose obligations upon Defendant that are beyond those set forth in the Nebraska Rules of Discovery in Civil Cases Defendant will respond to Plaintiffs Interrogatories to the extent and in the manner required by the Nebraska Rules of Discovery in Civil Cases and without reference to Plaintiffs instructions and definitions Unless otherwise stated, the following responses embody the normal use of the terms defined by Plaintiff OMA-285789-1 I 2. Attorney Client Privilege and Work Product Doctrine. Defendant objects to any and all of Plaintiffs Interrogatories that seek to obtain communications and information protected from disclosure by the attorney-client privilege or attorney work product doctrine Privileged communications and information will not be disclosed or produced 3. Right to Supplement. Defendant's investigation of facts relating to this action is still ongoing and he reserves the nght to supplement these answers if additional information is discovered INTERROGATORIES INTERROGATORY NO. 1: Please state Infinite Oil's business structure, business name, address, date of incorporation (if applicable), place of incorporation (if applicable), and whether it is in good standing(if applicable) ANSWER: The gas station located at 2411 North 30th Street, Omaha, Nebraska, which operates under the trade name Infinite Oil, is owned and operated by B & K Petroleum Corp ("B & K Petroleum") B & K Petroleum is a Nebraska corporation and was Incorporated on November 5, 2007 B & K Petroleum is believed to be in good standing INTERROGATORY NO. 2: Please state you, Defendant Mohammed Ali's, full name, current address, date of birth, business telephone number, and social security number ANSWER: Defendant objects to this interrogatory on the ground that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence Without waiving his objection, Defendant states that his full name is Mohammed Ali, he was born on September 28, 1982, his current address is 215 North Prospect OMA-285789-1 2 Avenue, Streamwood, Illinois 60107, and his business phone number is (630) 400-2339 Defendant may be contacted through counsel INTERROGATORY NO. 3: Identify and provide the address for all persons or entities that had any ownership interest in Infinite Oil at the time of the incident alleged in Plaintiff's Complaint ANSWER: B & K Petroleum, 2302 South 13th Street,Omaha,Nebraska 68105 INTERROGATORY NO. 4: Identify and provide the address for all persons or entities that currently have any ownership interest in Infinite Oil ANSWER: B & K Petroleum, 2302 South 13th Street, Omaha,Nebraska 68105 INTERROGATORY NO. 5: Does the Defendant, Infinite Oil, and/or or B & K Petroleum have any insurance policies that may be applicable to provide coverage for the incident in question'? If the answer is "yes",provide the following information a The name of the insurance carner(s), b The applicable policy dates c The policy numbers, and d The applicable policy limits ANSWER: Yes. The insurer is Catlin Specialty Insurance Company, 160 Greentree Drive, Suite 101, Dover, Delaware 19904 The policy number is 1200500002 The policy limits are as follows (a) General Aggregate Limit (Other Than Products-Completed Operations), $2,000,000, (b) Products-Completed Operations Aggregate Limit, $2,000,000, (c) Personal and OMA-285789-I 3 Advertising Injury Limit, $1,000,000, (d) Each Occurrence Limit, $1,000,000, (e) Fire Damage Limit, $100,000 for any one fire, and (1) Medical Expense Limit, $5,000 for any one person Defendant states that the insurer has denied coverage in this case In further response to this interrogatory, pursuant to § 6-333 of the Nebraska Rules of Discovery in Civil Cases, Defendant incorporates the documents he produced in response to Plaintiffs First Set of Requests for Production of Documents INTERROGATORY NO. 6: In your Answer, you assert that you do not own or control Infinite Oil and instead it is owned and operated by B & K Petroleum State in detail your relationship with B & K Petroleum including all owners of B & K Petroleum, provide a list of all of its holdings, and provide the name and address of its registered agent ANSWER: Defendant is President of B &K Petroleum. As such,he is responsible for working with vendors to ensure proper supply of goods to the gas stations and for coordinating with the store managers to ensure that the gas stations are staffed adequately and are running properly. Defendant performs the same duties for gas stations owned by B &A Petroleum Corp. and M&A Petroleum Corp. B & K Petroleum is owned by Sarmed Ali, 215 North Prospect Avenue, Streamwood, Illinois 60107. B & K Petroleum owns gas stations at the following locations (a) 3824 Hamilton Street, Omaha, Nebraska 68131, (b) 2411 North 30th Street, Omaha, Nebraska 68111, and (c) 5188 Leavenworth, Omaha,Nebraska 68106 B & K Petroleum's registered agent is Mohammed Ali, 215 North Prospect Avenue, Streamwood, Illinois 60107 OMA-285789-1 4 INTERROGATORY NO. 7: Please state the names and addresses of all persons known to you or your agents, representatives or attorneys who have knowledge of any facts relative to any act or issue involved in this litigation ANSWER: The following individuals may have knowledge of information relevant to the dispute between the parties in the above-captioned case (1) Mohammed Ah, 215 North Prospect Avenue, Streamwood, Illinois 60107 Mr Ali has knowledge regarding the ownership and operation of the gas station in question, crime that has occurred on the premises since B & K Petroleum took ownership, the incident of July 4, 2008, and the safety measures used at the gas station (2) Sarmed Ali, 215 North Prospect Avenue, Streamwood, Illinois 60107 Mr Ah is believed to have knowledge regarding the ownership and operation of the gas station in question and the safety measures used at the gas station (3) Amjed Ali, 215 North Prospect Avenue, Streamwood, Illinois 60107. Mr Ali is believed to have knowledge regarding the ownership and operation of the gas station in question and the safety measures used at the gas station (4) Julianne Castro, last known address is 2575 Pierce Street, Omaha, Nebraska 68105 Ms Castro was working at the gas station on July 4, 2008 when the incident described in Plaintiffs Complaint occurred She is no longer employed by the company Ms Castro may have knowledge regarding operation of the gas station in question, crime that occurred on the premises,the incident on July 4,2008, and the safety measures used at the gas station OMA-285789-1 5 (5) Debbie Arroyo, address unknown Ms Arroyo is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (6) Doris Foster, last known address is 1104 Marshall Avenue, #3, Council Bluffs, IA, 51503 Ms Foster is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (7) Ladell Reis, last known address is 2811 Franklin Street, Omaha, Nebraska 68111 Mr Reis is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (8) Jennifer Applegate, last known address is 4109 North 63rd Street, Omaha, Nebraska 68104 Ms Applegate is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (9) Darryl Robinson, address unknown Mr Robinson is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (10) Vincent Busey, last known address is 2521 Rees Street, Omaha, Nebraska 68105 Mr Busey is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station OMA-285789-i 6 (11) Lakech Chere, last known address is 827 North 45th Street, Omaha, Nebraska Ms Chere is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (12) Genoro Silva, last known address is 2223 South 15th Street, Omaha, Nebraska 68108 Mr Silva is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (13) Melissa Malik, last known address is 4006 Seward Street, Omaha, Nebraska 68111 Ms Malik is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (14) Tina Hoult, last known address is 2420 1/2 South 16th Street, #10, Omaha, Nebraska 68108 Ms Hoult is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (15) Sanna Pinkney, last known address is 3038 Kansas Drive, Bellevue, Nebraska 68005 Ms Pmkney is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (16) Michael Thomas, 5129 Hamilton Street, Omaha, Nebraska 68132 Mr Thomas is a former employee at the gas station and may have knowledge regarding operation of the gas OMA-285789-t 7 station in question, cnme that occurred on the premises, and the safety measures used at the gas station (17) Anthony Paasch, last known address is 2606 Wilber Street, Omaha, Nebraska 68112 Mr Paasch is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (18) Oliver Remaly, last known address is 712 North 33rd Street, Apt 3, Omaha, Nebraska 68131 Mr Remaly is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, cnme that occurred on the premises, and the safety measures used at the gas station (19) Debbie White, address unknown Ms White is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (20) Corlondo Montgomery, address unknown. Mr Montgomery is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (21) Aaron Hearfiela, address unknown Mr Hearfiela is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (22) Delbert Harris, address unknown Mr Harris is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station OMA-285789-I 8 (23) Angel Saunsoci, last known address is 3504 Blondo Street, Omaha, Nebraska 68111 Mr Saunsoci is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (24) Gloria Scott, address unknown Ms Scott is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (25) David Sturch, address unknown Mr Sturch is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (26) Jamar Hams, address unknown Mr Harris is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (27) Kelley Hulbert, address unknown Ms Hulbert is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (28) Lyle Simpson, last known address is 4004 Seward, Omaha, Nebraska 68111 Mr Simpson is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (29) Travis Hulbert, address unknown Mr Hulbert is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station OMA-285789-I 9 (30) Damien Sayers, address unknown Mr Sayers is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (31) Donna Piero, last known address is 1407 South 16th Street, Apt 2, Omaha, Nebraska 68108 Ms Pierra is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (32) Jeffrey Long, last known address is 1102 South 31st Street, Apt 2, Omaha, Nebraska 68105 Mr Long is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, cnme that occurred on the premises, and the safety measures used at the gas station (33) Jonas Houessou, last known address is 6919 Oak Plaza, #701, Omaha, Nebraska 68106 Mr Houesson is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (34) Raymond Jackson, address unknown Mr Jackson is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (35) Krapko Akue, last known address is 6927 Oak Plaza, Apt M2, Omaha, Nebraska 68106 Mr Akue is a former employee at the gas station and may have knowledge regardmg operation of the gas station in question, cnme that occurred on the premises, and the safety measures used at the gas station oMA-285789-i 10 (36) Lance Ramer, address unknown Mr Ramer is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (37) William Lopez, address unknown Mr Lopez is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (38) Michael Foster, address unknown Mr Foster is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (39) Debbie Cirw, address unknown Ms Cirw is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, cnme that occurred on the premises, and the safety measures used at the gas station (40) Nma Woloszyn, address unknown Ms Woloszyn is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (41) Thomas Light, last known address is 2933 South 134th Avenue, #1, Omaha, Nebraska 68144 Mr Light is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (42) Johnnie Wilson III, last known address is 6124 North 30th Street, Apt 4, Omaha, Nebraska 68111 Mr Wilson is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station OMA-285789-1 1 1 (43) John P Strong, address unknown Mr Strong is a formes employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (44) Kiko James, last known address is 6250 Ville de Sante Drive, Apt 107, Omaha, Nebraska 68124 Mr James is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (45) Angel Gayton, address unknown Mr Gayton is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (46) Jennifer Thurm, address unknown Ms Thurm is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (47) Sunny Flores, last known address is 1007 South 30th Avenue, #6, Omaha, Nebraska Ms Flores is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (48) Crystal Castillo, address unknown Ms Castillo is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (49) Charles Hardy Martin, address unknown Mr Martin is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station OMA-285789-1 12 (50) Ale Chabi Marc, address unknown Mr Marc is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (51) Joshua Hinton, address unknown Mr Hinton is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (52) Elam Tomety, address unknown Mr Tomety is a former employee at the gas station and may have knowledge regarding operation of the gas station in question, crime that occurred on the premises, and the safety measures used at the gas station (53) Pat Thomas, Douglas County Sheriffs Office, 3601 North 156th Street, Omaha, Nebraska 68116 Mr Thomas is a deputy with the Douglas County Sheriffs Office He provided security services for Infinite Oil and is believed to have knowledge regarding the security measures used at the gas station (54) Gary Baker, Douglas County Sheriffs Office, 3601 North 156th Street, Omaha, Nebraska 68116 Mr Baker is a deputy with the Douglas County Sheriffs Office He provided security services for Infinite Oil and is believed to have knowledge regarding the security measures used at the gas station i (55) Randy Semplinski (Defendant is unsure regarding the spelling of Randy's last name), Omaha Police Department, 505 South 15th Street, Omaha, Nebraska 68102 Mr Semplinski is an officer with the Omaha Police Department. He provided security services for Infinite Oil and is believed to have knowledge regarding the security measures used at the gas station OMA-285789-1 13 (56) Security Guard, Omaha Police Department, 505 South 15th Street, Omaha, Nebiaska 68102 A fourth individual, who is a member of the Omaha Police Department, provided security services for Infinite Oil and is believed to have knowledge regarding the security measures used at the gas station This individual's name is not presently known by Defendant, but is believed to be known by Mr Semplinski (57) Security Guard, Omaha Police Department, 505 South 15th Street, Omaha, Nebraska 68102 A fifth individual, who is a member of the Omaha Police Department, provided security services for Infinite Oil and is believed to have knowledge regarding the security measures used at the gas station This individual's name is not presently known by Defendant, but is believed to be known by Mr Semplinski (58) Officer Stravis (#1946), Omaha Police Department Officer Stravis responded to the gas station on July 4, 2008 to investigate the crimes reported and is believed to have knowledge regarding the incident on July 4, 2008, location of police officers when the incident occurred, and the ensuing criminal investigation (59) Officer Peterson(#1804), Omaha Police Department Officer Peterson responded to the gas station on July 4, 2008 to investigate the crimes reported and is believed to have knowledge regarding the incident on July 4, 2008, location of police officers when the incident occurred, and the ensuing criminal investigation (60) Detective Feilen (#1537), Omaha Police Department Detective Frelen responded to the gas station on July 4, 2008 to investigate the crimes reported and is believed to have knowledge regarding the incident on July 4, 2008, location of police officers when the incident occurred, and the ensuing criminal investigation oMMA-285789-i 14 (61) Officer Bratcher(#1843), Omaha Police Department Officer Bratcher responded to the gas station on July 4, 2008 to investigate the crimes reported and is believed to have knowledge regarding the incident on July 4, 2008, location of police officers when the incident occurred, and the ensuing criminal investigation (62) Officer Sides (#1934), Omaha Police Department Officer Sides responded to the gas station on July 4, 2008 to investigate the crimes reported and is believed to have knowledge regarding the incident on July 4, 2008, location of police officers when the incident occurred, and the ensuing criminal investigation (63) Officer Van Behren (#1484), Omaha Police Department Officer Van Behren responded to the gas station on July 4, 2008 to investigate the crimes reported and is believed to have knowledge regarding the incident on July 4, 2008, location of police officers when the incident occurred, and the ensuing criminal investigation (64) Officer Potts (#1880), Omaha Police Department Officer Potts is believed to have knowledge regarding the criminal investigation undertaken by the Omaha Police Department regarding the incident at the gas station on July 4, 2008 (65) Rashee Harris, address unknown Mr Harris committed crimes on July 4,2008 that caused injury to Plaintiff and is believed to have knowledge regarding the incident on July 4, 2008,the police response on that date, and the ensuing criminal investigation (66) Criminal Perpetrator 2, address unknown This 16-year old boy participated in the incident on July 4, 2008 that caused injury to Plaintiff and is believed to have knowledge regarding the incident OMA-285789-1 15 (67) Criminal Perpetrator 3, address unknown This 17-year old boy participated in the incident on July 4, 2008 that caused injury to Plaintiff and is believed to have knowledge regarding the incident (68) Criminal Perpetrator 4, address unknown This 18-year old man participated in the incident on July 4, 2008 that caused injury to Plaintiff and is believed to have knowledge regarding the incident (69) Solomon Horton Mr Horton is believed to have knowledge regarding crime in the area of 30th and Lake Street, crime at convenience stores, the incident on July 4, 2008, and his alleged damages INTERROGATORY NO. 8: With reference to the person(s) listed in Answer No 7, please set forth a brief summary of the facts believed by you to be the general knowledge of such person(s) ANSWER: See Defendant's answer to Interrogatory No 7 INTERROGATORY NO. 9: Please state the names and addresses of all persons known to you or your agents, representatives or attorneys or anyone else acting for Defendant who saw, or claim to have seen, any occurrence which is the subject matter of this litigation ANSWER: Defendant objects to this interrogatory on the ground that it is vague and ambiguous in its use of the terms "occurrence which is the subject matter of this litigation " It is not clear for which event this interrogatory seeks to determine witnesses Without waiving his objections, Defendant states that to the extent that this interrogatory seeks witnesses of the incident on July 4, 2008, the following individuals are believed to have witnessed the crimes that OMA-285789-1 16 caused injury to Plaintiff Solomon Horton, Julianne Castro, Rashee Harris, Criminal Perpetrator 2, Criminal Perpetrator 3, Criminal Perpetrator 4, and two Omaha Police officers Presently, Defendant is unsure which Omaha police officers were on the scene when shots were fired INTERROGATORY NO. 10: In your Answer to the Complaint, you assert the affirmative defense of assumption of the risk State in detail the factual basis to support your assertion of this affirmative defense, specifically identifying how Plaintiff assumed the risk when conducting business at Infinite Oil ANSWER: Upon information and belief, Plaintiff had knowledge of the history of crime, if any, in the area, and of the risks, if any, associated with shopping at a convenience store at night If any risk existed at Infrmte Oil, Plaintiff was aware of it, needed no warmng of it, and knowingly assumed the risk Defendant further states that discovery regarding such defense is ongoing and that he reserves the right to supplement this response as new information is uncovered INTERROGATORY NO. 11: In your answer to the Complaint, you assert the affirmative defense of contributory negligence State in detail the factual basis to support your assertion of this affirmative defense, specifically identifying how Plaintiff was contributonly negligent ANSWER: Defendant states that discovery regarding such defense is ongoing and that additional discovery, including the opportunity to depose Plaintiff, is required in order to fully respond to this interrogatory Defendant reserves the right to supplement this response as new information is uncovered OMA-285789-1 17 INTERROGATORY NO. 12: Have you or any of your agents, representatives, attorneys or anyone else acting on your behalf obtained any statements regarding the occurrence which is the subject matter of this litigation? ANSWER: No INTERROGATORY NO. 13: If the answer to Interrogatory No 12 is "yes", please state the names and current addresses of the person(s) from whom these statements were obtained ANSWER: No response is required INTERROGATORY NO. 14: If the answer to Interrogatory No 12 is "yes", would you voluntarily produce copies thereof to Plaintiff, if so, please attach the same to your answers to these Interrogatones and include the name and address of the person who took said statements, and state when and where said statements were taken ANSWER: No response is required INTERROGATORY NO. 15: Identify each person whom you expect to call as an expert witness at trial and for each such person listed, please answer the following a The full name and address, b His or her qualifications as an expert, c The subject matter on which the person is expected to testify, OMA-285789-I 18 d The substance of the facts and opinions to which the person is expected to testify and a summary of the grounds for each opinion ANSWER: Defendant has not yet made a determination of the expert witnesses that he plans to call to testify at trial Defendant will supplement his responses to this Interrogatory if and when an expert witness is retained and in accordance with the orders issued by the Court INTERROGATORY NO. 16: Have you ever discussed anything in any way connected with the occurrence that is the subject matter of this litigation with any party to this litigation, or anyone in privy with any party to this litigation, or been present when it was discussed? ANSWER: Defendant objects to this interrogatory on the ground that it is vague and ambiguous in its use of the terms "in privy with any party to this litigation " Without waiving his objection, Defendant states that he has not spoken with Solomon Horton or anyone representing him regarding the subject matter of this litigation INTERROGATORY NO. 17: If the answer to Interrogatory No 16 is "yes", please state the following a When the discussion(s) occurred, b Where the discussion(s) occurred, c Who was present, d What was said by you, e What was said by any other party to this litigation or anyone in privy with any party to this litigation, f What was said by any third person to the discussion OMA-285789-i 19 ANSWER: No response is required INTERROGATORY NO. 18: Provide the names and addresses of all employees employed by Infinite Oil and/or its corporate parent and/or owner for a period of five (5) years immediately pnor to the time of the incident alleged in Plaintiff's Complaint and state the current employment status of said employees ANSWER: Defendant objects to this interrogatory on the grounds that it is unduly burdensome and seeks information which is neither relevant nor reasonably calculated to lead the discovery of admissible evidence Defendant states that B & K Petroleum has owned and operated the premises since December 2007 and does not have employment records prior to that time Without waiving these objections, Defendant states that his answer to Interrogatory No 7 lists all individuals employed at the premises from December 2007 to November 2008, along with their address, if known,and current employment status with B & K Petroleum INTERROGATORY NO. 19: Provide the names and addresses of all employees working in Infinite Oil at the time of the incident alleged in Plaintiff's Complaint ANSWER: Julianne Castro, last known address is 2575 Pierce Street, Omaha, Nebraska 68105 INTERROGATORY NO. 20: At the time of the incident alleged in Plaintiff's Complaint, state whether Infinite Oil utilized any security measures either in the business premises or in the immediate vicinity of the business premises If your answer is "yes", state in detail the followmg• OMA-285789a 20 (a) Each security measure in place, (b) When each secunty measure was installed or otherwise put in place, (c) The name of the entity or person who installed or other put in place each security measure, (d) If one of the security measures in place was utilization of a security guard or service, identify the name of the security service and the terms of the contract with said security service for services ANSWER: Yes As of July 4, 2008, the Infinite Oil location at 2411 North 30th Street utilized three security measures lighting, security cameras and surveillance, and security guards The canopy lights and lights on the buildings were installed by B & K Petroleum in December 2007 by a lighting company from Springfield, Illinois The lights increased safety and security on the premises by ensuring that the premises were well lit and that activity on the grounds was visible The security cameras, surveillance equipment, and monitors were installed by B & K Petroleum in February or Match 2008 B &K Petroleum utilized technology from AVS Security Systems, which allowed management to remotely access live video feeds from the store, display surveillance footage to customers on monitors, and record activity on the premises This security system captured the July 4, 2008 incident on tape and assisted in the investigation of the crimes committed by others B & K Petroleum, along with B & A Petroleum and M & A Petroleum, began utilizing security guards in January 2008 B & K Petroleum arranged security services through Pat Thomas and Randy Semplinski Mr Semplmski is a member of the Omaha Police force and Mr Thomas is a deputy with the Douglas County Sheriffs Office Mr Thomas and Mr Semplmski OMA-285789-1 21 also arranged for three other individuals, Gary Baker of the Douglas County Sheriffs Office and two other members of the Omaha Police force, whose names are not presently known, to provide security services at the gas stations owned by B & K Petroleum, B & A Petroleum, and M & A Petroleum These gas stations are located at the following locations 3824 Hamilton Street, 2411 North 30th Street, 5188 Leavenworth, 1349 Park Avenue, 2302 South 13th Street, 1222 S 24th Street, 2401 Leavenworth, 503 North 33rd Street, and 6524 North 30th Street Prior to the incident on July 4, 2008, two security guards were hired every Friday and Saturday night to patrol all of the above gas stations for a period of 4 hours The 4 hour patrol would occur sometime between 8 p m and 2 a m , depending upon the night Although the security guards visited the other gas stations, B &K Petroleum kept at least one officer at the gas station at 2411 North 30th Street at least 2 hours of the 4 hour patrol The main purpose of these officers was to provide security and to address any crowd control issues and loitering that may occur Because the incident on July 4, 2008 occurred in the early morning hours on a Friday, Infinite Oil's security guards were not present, however, upon information and belief, officers with the Omaha Police Department were present INTERROGATORY NO. 21: Identify all incidents involving crime, including but not limited to those crimes involving violence, weapons, fighting, burglary, theft, or robbery that occurred either in the business premises known as Infinite Oil or in the immediate vicinity of the business premises known as Infinite Oil for the five (5) years proceeding the incident alleged in Plamtiff's Complaint ANSWER: Defendant objects to this interrogatory on the ground that it is unduly burdensome and seeks information which is neither relevant nor reasonably calculated to lead the OMA-285789-1 22 discovery of admissible evidence Defendant states that B & K Petroleum has owned and operated the premises since December 2007, accordingly, they have no knowledge or records of crimes committed, if any, before that time Further, neither Defendant nor B & K Petroleum keeps a complete record of crimes committed on the premises Moreover, as explained in Defendant's Response to Plaintiffs First Set of Requests for Production of Documents, some of the documents relating to this gas station were destroyed by the former lessee, Singh Brothers, Inc , prior to this lawsuit being filed Without waiving these objections, Defendant states that some crime occurred at the gas station located at 2411 North 30th Street from December 2007 to July 4, 2008 Defendant has knowledge of some shoplifting, theft by employees, and loitering that occurred on the premises At one time, an individual attempted to rob the gas station by feigning possession of a firearm, which later turned out to be a stick Finally, in the spring of 2008, gunshots were fired on two occasions on the same day The shots were not fired in the store, but in the parking lot and did not injure any patron of Infinite Oil In further response to this interrogatory, pursuant to § 6-333 of the Nebraska Rules of Discovery in Civil Cases, Defendant incorporates the documents he produced in response to Plaintiffs First Set of Requests for Production of Documents INTERROGATORY NO. 22: For each incident listed in response to Interrogatory No 21, state in detail how you became aware of each incident and what response, if any, was made to the way Infinite Oil was operated and/or how it conducted business ANSWER: Defendant learned of the shoplifting, theft by employees, and loitering through personal observation or through other employees Defendant personally observed the attempted robbery and learned of the shootings in the spring of 2008 through Julianne Castro OMA-285789-I 23 Other than the safety and security measures described in Defendant's Answer to Interrogatory No 20, B & K Petroleum did not taken additional action in response to these events Additional actions were not required under the circumstances INTERROGATORY NO. 23: State whether you and/or Infinite Oil warned or otherwise advised customers of Infinite Oil of any potential for violence that may occur while conducting business with Infinite Oil If your response is "no", state the reasons for not so warning or otherwise advising customers ANSWER: Defendant objects to this interrogatory to the extent that it assumes that a "potential for violence" existed while conducting business with Infinite Oil or that such risk, if any, was known to Defendant or Infinite Oil prior to July 4, 2008 Without waiving his objections or conceding either of the above points, Defendant states Infinite Oil provided notice to patrons that cnme could occur on the premises by posting signs that advised patrons that the premises were under surveillance and that loitering was not permitted, and also by demonstrating to patrons, via computer monitors, that the premises were indeed under surveillance Additional warnings were not required under the circumstances INTERROGATORY NO. 24: State whether you and/or Infinite Oil warned or otherwise advised customers of Infinite Oil of any of the crimes listed in response to Interrogatory No 21 If your response is "yes", state the method utilized to warn or otherwise advise customers ANSWER: No OMA-285789-i 24 INTERROGATORY NO. 25: State whether or not a surveillance video was taken of the incident in question and if so, state the current location of the video ANSWER: Defendant states that a security surveillance camera recorded the incident complained of in Plaintiffs Complaint and that the recording has been produced to Plaintiff INTERROGATORY NO. 26: State the name, address, and telephone number of each security service entity/person that provided security services at your location at 2411 North 30`h Street, Omaha, Nebraska, in the last three (3) years along with the inclusive dates each entity/person provided such services ANSWER: Defendant objects to this interrogatory on the ground that it is unduly burdensome and seeks information which is neither relevant nor reasonably calculated to lead the discovery of admissible evidence Defendant states that B & K Petroleum has owned and operated the premises since December 2007 Without waiving his objections, Defendant states that the following individuals provided security services for Infinite Oil during the period from January 2008 to August 2008 (1) Pat Thomas, Douglas County Sheriffs Office, 3601 North 156th Street, Omaha, Nebraska 68116, (2) Gary Baker, Douglas County Shenffs Office, 3601 North 156th Street, Omaha, Nebraska 68116, (3) Randy Semplmski, Omaha Police Department, 505 South 15th Street, Omaha, Nebraska 68102, (4) Security Guard, name presently unknown, Omaha Police Department, 505 South 15th Street, Omaha, Nebraska 68102, and (5) Security Guard, name presently unknown, Omaha Police Department, 505 South 15th Street, Omaha, Nebraska 68102 Defendant did not maintain documents regarding security services provided on the premises OMA-285789-1 25 Dated this I L day of May, 2009 MOHAMMED ALI, Defendant By ,301- • tip ---Q-C-AJ Henry L Wredrich (NE#23696) HUSCH BLACKWELL SANDERS, LLP 1620 Dodge Street, Suite 2100 Omaha,NE 68102 Telephone (402) 964-5000 Facsimile (402) 964-5050 henry wiedrich@huschblackwell corn Attorneys for Defendant OMA-285789-1 26 VERIFICATION DOUGLAS COUNTY ) ) ss STATE OF NEBRASKA ) MOHAMMED ALI, of lawful age, being first duly sworn, states he has read the foregoing responses to Plaintiff's First Set of Interrogatones, understands the contents thereof, and declares the statements contained therein are true and correct Subscribed and sworn to before me a notary public this day of , 2009 Notary Public My commission expires OMA-285789-1 27 CERTIFICATE OF SERVICE I hereby certify that on May (2 , 2009,the foregoing document was sent via U S mail, postage prepaid, and electronic mail to the following Larry R Demerath DEMERATH LAW OFFICE 406 North 130th Street, Suite 101 Omaha,NE 68154-2187 demerathlaw@aol corn LD'.49 OMA-285789-1 28 N \ / « = 2 / f ± § \ \ § < ) o , { O. , © V ; ` j \ 0 < > / } % a\03 ( \ ©§ § cal ] cn 4-1 j( \ V \ eu al { / f { � { 2 } - ( \ . y f_ ) � � i •a u7 / ! 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",x, WELCOME TO INFINITE GAS 2302 S 13 STREET OMAHA NE 681O8 PH* 402 345 199E 306528600010001 2302 S 13TH OMAHA HE Der. qty amount el-TAXABLE 1 0.8q Sub Total 0.89 Tax 0.00 TOTAL O_8' 081460200840+ a 1.00 Chan $ -0.11 THANKS COME AGAIN REGP 0001 CSH# 004 DR4 01 TRAM# 16026 O5r30/0 10.11°y8 5T4 10T, r autii� • r, ,,34' ft, F 1 .a Y fa t,"yu.s t 'yryM a n .`''' '-'''''''';fro' 17.` ''2 y.,,FM,.M�+'icri"' a 4 qV� ' .yv,M " gy'' ' ,r ott?'x ,1r?r x.ew. ' � .#-4'S mm"S"a ,. .. s;.,^^o *b 'Val° •._, • "n F"' xf ••• - �° Y"' 7" .� <a ,w,.'l,. ,tr- Fs t 20p9 to �..- x Southl St 3 2302 . . %} f M � y' T --;t-y, .sYJ,, 1 v b ThAr 1•V" 1 • 01011.* i' Gie ,, u e by . Nebraska Legislature-Nebraska State Statute Section 53-180 04 http //umweb legislature ne gov/laws/statutes php9statute=53-180 04& 53-180.04 Minors, warning notice; posting Every licensee of a place where alcoholic liquor is sold at retail shall display at all times in a prominent place a printed card with a minimum height of twenty inches and a width of fourteen inches,with each letter to be a minimum of one-fourth inch in height,which shall read as follows WARNING TO PERSONS UNDER 21 YOU ARE SUBJECT TO NOTIFICATION OF PARENTS OR GUARDIAN AND YOU ARE SUBJECT TO A PENALTY OF UP TO $500 FINE 3 MONTHS IN JAIL OR BOTH IF YOU ARE UNDER 21 AND YOU CONSUME, PURCHASE,ATTEMPT TO PURCHASE, OR HAVE IN YOUR POSSESSION ALCOHOLIC LIQUOR IN THIS ESTABLISHMENT AND WARNING TO ADULTS YOU ARE SUBJECT TO A PENALTY OF UP TO $1000 FINE 1 YEAR IN JAIL OR BOTH IF YOU ARE 21 OR OVER AND YOU PURCHASE ALCOHOLIC LIQUOR FOR A PERSON UNDER 21 AND WARNING TO PURCHASERS OF BEER KEGS PROPER IDENTIFICATION AND PURCHASER'S SIGNATURE ARE REQUIRED LAWS OF THE STATE OF NEBRASKA Source Laws 1951, c 174, § 1(5),p 664,Laws 1963, c 313, § 1, p 943,Laws 1969, c 440, §3, p 1474, Laws 1980, LB 221, §4,Laws 1980, LB 848, § 19,Laws 1984,LB 56, §3, Laws 1985, LB 493, § l,Laws 1993, LB 332, §7,Laws 2001, LB 114, §5 1 of 1 6/7/7009 10 01 AM Nebraska Legislature -Nebraska State Statute Section 53-148 01 http//uniweb legislature ne gov/laws/statutes php7statute=53-148 01& 53-148.01 Retail licensee; warning sign; commission; duties. Any retail licensee shall post in a conspicuous place a sign which clearly reads as follows Warning Drinking alcoholic beverages during pregnancy can cause birth defects The commission shall prescribe the form of such warning sign and shall make such warning signs available to all retail licensees Source Laws 1989,LB 70, §2,R S Supp,1990, §53-101 04,Laws 1991, LB 344, §43 1 of 1 Annnne in tin AT4 Print Preview Page 1 of 1 1;4 ■ Douglas County-Omaha, NE lit1 , r� r Nx It4 8 , _ Sd dr 1.„, - ` , ° ,mom -41 -i �exYy v4. th 5 y *kW ° 04 4.,.I „ ,>i 4 4.C3u ,^r,,,,k �- m .e ixN r d f fil V't 4 + ' " • ` ,Kik. 9 ' i - to y + + , 'r. y f {f tt 6 , I. i E y F. C: A y 1 . , .it ! n 1 1 1 A. Y l , Y 1 � -1 '9 'F , 114 • 1�� -. t 4°1 ire . .. 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'(d , •t ',,, `z R '`i is - # ..4 4. - a, 1 x- Justice Case Search Page 1 of 3 .*- Subscription Service 6 [ I y p I t t Nebraska Trial Courts Case Search System C ourts liomepage Case Sea]eh Name SearLh (lave Questions° Case Summary In the County Court of Gage County The Case ID is CR 05 0000376 Citation No PA 0816238 State v Holly Richardson The Honorable Steven B Timm, presiding Classification Misdemeanor Filed on 05/02/2005 by the County Prosecutor This case is Closed as of 06/07/2005 It was disposed as Guilty Plea/Admission in Court Original appearance date 05/31/2005 at 09 00 Abstract of Judgment sent to Department of Motor Vehicles Parties/Attorneys to the Case Party Attorney Plaintiff State of Nebraska Jennifer S Shaeffer Gage County Courthouse - Rm 2 Beatrice NE 68310 402-223-1344 Defendant holly Richardson 503 Leslie Barneston NE 68309 Date of Birth is 09/11/1974 Drivers License is NE H12878512 Offense Information Count Charge Offense Class 01 No valid registration , Class 3 Misdemeanor AMENDED TO .Count dropped/dismissed Offense Date is 04/20/2005 02 No proof of insurance , Class 2 Misdemeanor Offense Date is 04/20/2005 Plea is Guilty/Admit Finding is Guilty Sentence includes State Fine of $100 00 Arresting Officers Agency Officer Nebraska State Patrol D. Fritcn Court Costs Information Incurred By Account Date Amount Defendant Filing Fees 05/02/2005 $18 00 Defendant NSC Education Fee 05/02/2005 $1 00 Ups //www nebraska gov/Justice/case cgi 6/1/2009 Justice Case Search Page 1 of 3 ...,Jkl T , Subscription Service Nebraska Trial Courts Case Search System '1L [[P. sI JJ � I � Courts Homepage C ase Seench Name Search nave Questions° Case Summary In the County Court of Gage County The Case ID is CR 07 0000313 Citation No PA 3190806 State v Holly Richardson The Honorable Steven B. Timm, presiding Classification Misdemeanor Filed on 04/17/2007 by the County Prosecutor This case is Closed as of 04/24/2007 It was disposed as Guilty Plea/Admission in Court Original appearance date 04/17/2007 at 09 00 Parties/Attorneys to the Case Party Attorney Plaintiff State of Nebraska Paul Payne Gage County Courthouse - Rm 2 Beatrice NE 68310 402-223-1344 Defendant Holly Richardson 401 Wyatt St Barneston NE 68309 Date of Birth is 09/11/1974 Drivers License is H12878512 Offense Information Count Charge Offense Class 01 Possess/consume open alcohol container , Infraction Offense Date is 03/17/2007 Plea is Guilty/Admit Finding is Guilty Sentence includes State Fine of $50 00 Arresting Officers Agency Officer Nebraska State Patrol K VonMinden Court Costs Information Incurred By Account Date Amount Defendant Filing Fees 04/17/2007 $18 00 Defendant NSC Education Fee 04/17/2007 $1 00 Defendant Dispute Resolution Fee 04/17/2007 $0 75 Defendant Indigent Defense Fee 04/17/2007 $3 00 Defendant Uniform Data Analysis Fee 04/17/2007 $1 00 https //www nebraska goy/justice/case cgi 6/1/2009 Justice Case Search Page 2 of 3 Defendant J R F 04/17/2007 $5 00 Defendant Filing Fee/JRF 04/17/2007 $2 00 Defendant Civil Legal Services Fund 04/17/2007 $1 00 Defendant LEIF 04/17/2007 $1 00 Defendant LASF/Nor-waivable 04/17/2007 $2 00 Defendant Legal Aid/Services Fund 04/17/2007 $3 25 Defenaant Automation Fee 04/17/2007 $6 00 Financial Activity No trust money Is held by the court No fee money is held by the court Payments Made to the Court Receipt Type Date For Amount 71376 Cash 05/11/2007 Richardson, dolly, $94 00 Filing Fees $18 00 NSC Education Fee $1 00 Dispute Resolution Fee $ 75 Indigent Defense Fee $3 00 Uniform Data Analysis $1.00 J R F $5 00 Filing Fee/JRF $2 00 Cavil Legal Services F $1 00 L E I F $1 00 LASF/Non-waivable $2 00 Legal Aid/Services Fun $3 25 Automation Fee $6 00 State Fines $50 00 Register of Actions 05/11/2007 Case Closed 05/11/2007 Payment in Full 04/25/2007 Time Payment Application/Order This action initiated by party Holly Richardson Def to pay by 5/24/07 or appear on 5/25/07 @ 8 45 a.m 04/24/2007 Appearance Date Arr , def w/o counsel No contest plea Judgment enterea Granted time to pay 04/17/2007 Defendant Failed to Appear Def failed to appear Cont to 4/24/07 @ 9 00 a m nips //www nebraska goy/Justice/case cgi 6/1/2009 Justice Case Search Page 1 of 5 - 5erbscriptian service Nebraska Trial Courts Case Search System [ , \C) 1 \ . [ IC [ � � C , Courts liomepage Case Search Name Search Have Questions^ Case Summary In the County Court of Gage County The Case ID is CR 07 0000708 Citation No 0000000 State v Holly Richardson The Honorable Steven B Timm, presiding Classification Misdemeanor Filed on 07/18/2007 by the County Prosecutor This case is Closed as of 03/03/2008 It was disposed as Guilty Plea/Admission in Court Original appearance date 07/24/2007 at 09 00 Abstract of Judgment sent to Department of Motor Vehicles Parties/Attorneys to the Case Party Attorney Plaintiff State of Nebraska Paul Payne Gage County Courthouse - Rm 2 Beatrice NE 68310 402-223-1344 Defendant Holly Richardson 2180 Bison Rd Beattie KS 66406 Date of Birth is 09/11/1974 Drivers License is Offense Information Count Charge Offense Class 01 DOS when license revoked on points , Class 3 Misdemeanor AMENDED TO Drive under susp/before reinstated-state , Class 3 Misdemeanor Offense Date is 06/01/2007 Plea is Guilty/Admit Finding is Guilty Sentence includes State Fine of $100 00 Revokea License Start Date 03/03/2008 Term of 01 Years 02 Speeding 6-10 MPH County/State , Infraction Offense Date is 06/01/2007 Plea is Guilty/Admit Finding is Guilty Sentence includes' State Fine of $25 00 Arresting Officers Agency Officer Beatrice Wesley Henning https //www nebraska goy/Justice/case cgi 6/1/2009 Justice Case Search Page 2 of 5 Warrant Information Bench warrant 00040830 was issued on 11/29/2007 for Holly Richardson It was returned on 03/10/2008 Bond Information Personal Recognizance bond filed on 07/31/2007 for Holly Richardson in the amount of $1 00 declared forfeit on 11/29/2007 Court Costs Information Incurred By Account Date Amount Defendant Filing Fees 07/18/2007 $18 00 Defendant NSC Education Fee 07/18/2007 $1 00 Defendant Dispute Resolution Fee 07/18/2007 $0 75 Defendant Indigent Defense Fee 07/18/2007 $3 00 Plaintiff Uniform Data Analysis Fee 07/18/2007 $1 00 Plaintiff J R F 07/18/2007 $5 00 Defendant Filing Fee/JRF 07/18/2007 $2 00 Defendant Civil Legal Services Fund 07/18/2007 $1 00 Defendant LEIF 07/18/2007 $1 00 Plaintiff LASF/Non-waivable 07/18/2007 $2 00 Defendant Legal Aid/Services Fund 07/18/2007 $3 25 Plaintiff Automation Fee 07/18/2007 $6 00 Defendant Sheriff/Service Fees Due 03/10/2008 $2 00 Financial Activity No trust money is neld by the court No fee money is held by the court Payments Made to the Court Receipt Type Date For Amount 79561 Check 04/11/2008 State of Nebraska $14 00 Uniform Data Analysis $1 00 J.R F $5 00 LASF/Non-waivable $2 00 Automation Fee $6 00 9024759 Jail Time 03/10/2008 Richardson, Holly, $2 00 Sheriff/Service Fees D $2 00 9024754 Jail Time 03/07/2008 Richardson,Holly, $30 00 Filing Fees $18 00 NSC Education Fee $1 00 Dispute Resolution Fee $ 75 Indigent Defense Fee $3 00 Filing Fee/JRF $2 00 https //www nebraska goy/Justice/case cgi 6/1/2009 Justice Case Search Page 3 of 5 Civil Legal Services F $1 00 LEIF $1 00 Legal Aid/Services Fun $3 25 9024755 Jail Time 03/07/2008 Richardson, Hoily, $125 00 State Fines 8100 00 State Fines $25 00 Register of Actions 03/10/2008 Case Closed 03/10/2008 Return-Warrant The document number is 00040830 Served 03/02/2008, Gage County Sheriff Personal Service on Holly Richardson 03/07/2008 Return-Commitment The document number is 00042198 Served Dt Unknown Methd/Srvc Unknown on Holly Richardson Def. served from 3/3/08-3/6/08 (3 days) towards fines & costs due 03/03/2008 Commitment Issued on Holly Richardson The document number is 00042198 03/03/2008 Abstract Sent to DMV 03/03/2008 Compliance to DMV 03/03/2008 Hearing 03/03/2008 License Revoked 03/03/2008 Journal Entry & Order This action initiated by Judge Steven B Timm 03/03/2008 Sentencing 03/03/2008 Hearing https //www nebraska goy/justice/case cgi 6/1/2009 Justice Case Search Page 4 of 5 12/31/2007 Suspension Request to DMV 12/03/2007 Fai_ure to Appear 11/29/2007 Journal Entry This action initiated by Judge Steven B Timm Cash deposit clause added to JE 11/29/2009 Signed Warrant The document number is 00040830 11/29/2009 Warrant Issued on Holly Richardson The document number is 00040830 11/29/2007 Declaration of Forfeiture of Bond BOND 5813 DECLARATION OF FORFEITURE 11/29/2007 Defendant Failed to Appear Def did not appear New bond set $10, 000/$1000/$2000 Warrant issued PR bond forfeited 10/25/2007 Hearing Def w/o counsel Cont on def's motion fcr F hrg 11/29/07 @ 9 a m Bond cont 09/18/2007 Hearing Def w/o counsel Cont for F hrg 10/25/07 @ 9 a m Bond cont 08/16/2007 Hearing Def w/o counsel Cont. on def' s motion for F hrg 9/18/07 @ 10 a m Bond cont Warrant recalled PR bond reinstated 08/14/2007 Note from Court Staff F hrg set for 8/16/07 @ 9 a m 08/14/2009 Defendant Failed to Appear Def did not appear. Warrant issued Bond declared forfeit Bond set $5000/$500/$1000 (Def apprd @ 10 40 a m , had a flat tire) 07/31/2007 Appearance Date Arr , def w/o counsel Def requests court-appt counsel Denied Cont to 8/14/07 @ 10 00 a m Def signs PR bond 07/31/2007 Bond Filed https //www nebraska gov/justice/case cgi 6/1/2009 Justice Case Search Page 5 of 5 BOND 5813 FILED 07/30/2007 Amended Complaint This action initiated by party State of Nebraska Ct I amended to D U S III M 07/24/2007 Defendant Failed to Appear Def did not appear Arr cont to 7/31/07 @ 9 a m 07/18/2007 Complaint This action initiated by party State of Nebraska https //www nebraska goy/justice/case cgi 6/1/2009 Nebraska Department of Motor Vehicles - Driver's License Reinstatements Page 1 of l ,a;;.Officiial Nebraska Government Website Save time._. Go online! Pay Reinstatement Fee Outstanding Reinstatement Requirements Step 2 Name: RICHARDSON,HOLLY H12878512 Nebraska Drivers License Number: 09/11/1974 Date of Birth: • Pay $125 reinstatement fee Payment must be in the form of a cashier's check or money order made payable to the Department of Motor Vehicles Include identifying information(i e name, date of birth, license or Social Security Number and current mailing address) Payment submitted by personal or business checks or not for the required amount will be returned Pay by Visa MasterCard or Discover at our website at http //www dmv ne gov/frd • Provide proof of future financial responsibility by, (1)contact your insurance company to submit an SR-22 Certificate of Insurance, or (2)submit either cash bond or Surety Company bond for $75,000, or (3)certificate of self-insurance Proof is required on each vehicle registered - regardless of state of resid- ence More information at http //www dmv ne gov/frd/proofindex.html Proof is required to be maintained continuously until 03/03/2012 Print 4 Proceed with Credit Card Payment J [ DMV Help Note if there are other requirements listed, payment of the reinstatement fee will not result in immediate drivers license reinstatement Comments or Questions? https //www nebraska goy/dmv/reinstatements/client cgi 6/1/2009 DMV -Nebraska Department of Motor Vehicles Page 1 of 1 eeOfficlal Nebraska Government Website Search s. Can I Take A Traffic Diversion Class If I Have A CDL? kci D• river I icensing Services No, Federal law requires than a state may no' mask or defe E4e V• eh¢le Services any violation ezcep,for a parking violation,of any COI holder -� Highway Safety °t M• otor Corner Services Administi anon &Staff Listing a for a Take Our Survey Court Ordered Revocations Explanation Your operator's license and/or operating privileges can be revoked whenever you are convicted of a traffic violation and the judgment from the court contains an order to withdraw the operator's license and/or privileges for the time period ordered by the court Reinstatement Requirements' 1 Surrender operator's license/permit or sign an affidavit of los' license if you no longer have possession of the license This does not apply if the license has expired 2 File proof of financial responsibility,which is to remain on file for three(3)years from the date of eligibility This is normally provided in the form of a SR-22 Certificate of insurance Failure to comply with this requirement would result in the suspension of the operating privileges for an Insurance Cancellation 3 Pay a $125 00 reinstatement fee Payment must be in the form of a cashier's check or money order made payable to the Department of Motor Vehicles or online with MasterCaid, Visa or Discover When submitting payment, include identifying information (i e name, date of birth, license or social security number and current mailing address) Payment submitted by personal or business checks or not for the required amount will be returned Testing Requirements' Drivers who have had their operator's license and/or privileges revoked, must test and apply for a new license The Reinstatement/Clearance letter can be used for identification if used within 30 days of the date of the letter If not, drivers will need to provide the Examiner with proof of birth date and identity from the u S Based Proof of Identification form Home- Forms-Online Services- Cmad-Search Nebraska Gov Privacy&Accessibility Policy- DMV Disclaimer/Privacy Policy Copynpity, 2J)B All tights resen cd rttp //www dmv ne gov/frd/susprev/crt html 6/1/2009 auoucc u,aac ucawu rage i or i � .yf �r, +��� �,°, .. s��s';�`c t I “7"� .h� � I §' .SiSubscriptionService Nebraska Thal Courts Case Search System \[BR st; J[�IIIAL 8 . �c�� C otiM l lomepagt Cast Search Nam,Scardi Ilnve Question, Case Summary In the County Court of Gage County The Case ID is CR 05 0000376 Citation No PP 0816238 State v Holly Richardson Tne Honorable Steven B Timm, presiding Classification Misdemeanor Filed on 05/02/20G5 by the County Prosecutor This case is Closed as of 06/07/2005 It was disposed es Guilty Plea/Admission in Court Original appearance crate 05/31/2005 at 09 00 Abstract of Judgment sent to Department of Motor Vehicles Parties/Attorneys to the Case Party Attorney Plaintiff State of Nebraska Jennifer S Shaeffer Gage County Courthouse - Rm 2 Beatrice NE 68310 402-223-1344 Defendant Holly Richardson 503 Leslie Barneston NE 68309 Date of Birth is 09/11/1974 Drivers License is NE H12878512 Offense Information Count Charge Offense Class 01 No valid registration , Class 3 Misdemeanor AMENDED TO Count dropped/dismissed Offense Date is 04/20/2005 02 No proof of insurance , Class 2 Misdemeanor Offense Date is 04/20/2005 Plea is Guilty/Admit Finding is Guilty Sentence includes State Fine of $100 00 Arresting Officers Agency Officer Nebraska State Patrol D Fritch Court Costs Information Incurred By Account Date Amount Defendant Filing Fees 05/02/2005 $18 00 Defendant NEC Education Fee 05/02/2005 $1 00 tips //www nebraska goy/justice/case cgi 6/1/2009 usu e ase Beare n { W rage i or subscription sery ce Nebraska Trial Counts Case Search system: \LBR Ay IA Jirk a t. BR NycrI ( ourts L lomepage Case Search Name Search Have Questions" Case Summary In, the County Court of Gage County The Case ID is CR 07 0000313 CGtation No PA 3190806 State v Holly Richardson The Honorable Steven B Timm, presiding Classification Misdemeanor Filed on 04/17/2007 by the County Prosecutor This case is Closed as of 04/24/2007 It was disposed as Guilty Plea/Admission in Court Original appearance date 04/17/2007 at 09 00 Parties/Attorneys to the Case Party Attorney Plaintiff State of Nebraska Paul Payne Gage County Courthouse - Rm 2 Beatrice NE 68310 402-223-1344 Defendant Holly Richardson 401 Wyatt St Barneston NE 68309 Date of Birth is 09/11/1974 Drivers License is H12878512 Offense Information Count Charge Offense Class 01 Possess/consume open alcohol container , Infraction Offense Date is 03/17/2007 Plea is Guilty/Admit Finding is Guilty Sentence includes State Fine of $50 00 Arresting Officers Agency Officer Nebraska State Patrol K VonMinden Court Costs Information Incurred By Account Date Amount Defendant Filing Fees 04/17/2007 $18 00 Defendant NSC Education Fee 04/17/2007 $1 00 Defendant Dispute Resolution Fee 04/17/2007 $0 75 Defendant Indigent Defense Fee 04/17/2007 $3 00 Defendant Uniform Data Analysis Fee 04/17/2007 $1 00 https //vvww nebraska goy/Justice/case cgi 6/1/2009 JLLSLIue Last Jealtll rage z 01 J Defendant I R F 04 /1$ /2007 $5 00 Defendant Filing Fee/JRF 04 /17/2007 $2 00 Defendant Cavil Legal Services Fund 04/17/2007 $1 00 Defendant LEIF 04/17/2007 $1 00 Defendant LASF/Non-waivable 04/1$/2007 $2 00 Defendant Legal Aid/Services Fund 04/17/2007 $3 25 Defendant Automation Fee 04/17/2007 $6 00 FLnaancLal Actiir±ty No trust money is held by the court No fee money is held by the court Payments Made to the Court Receipt Type Date For Amount 71376 Cash 05/11/2007 Richardson, Holly, $94 00 Filing Fees $18 00 NSC Education Fee $1 00 Dispute Resolution Fee $ 75 Indigent Defense Fee $3 00 Uniform Data Analysis $1 00 J R F. $5 00 Filing Fee/JRF $2 00 Civil Legal Services F $1 00 LEIF $1 00 LASF/Non-waivable $2 00 Legal Aid/Services Fun $3 25 Automation Fee $6 00 State Fines $50 00 Register of Actions 05/11/2007 Case Closed 05/11/2007 Payment in Full 04/25/2007 Time Payment Application/Order This action initiated by party Holly Richardson Def to pay by 5/24/07 or appear on 5/25/07 @ 8 45 a m 04/24/2007 Appearance Date Arr , def w/o counsel No contest plea Judgment entered Granted time to pay 04/17/2007 Defendant Failed to Appear Def failed to appear Cont to 4/24/07 @ 9 00 a m ittps //www nebraska goy/justice/case egi 6/1/2009 'usiue Lase 3earcn rage I or Nebraska Thal Courts Case Search System [BR.A5h;,1 . JDI !A[ B A\CII C ourts l lomepage C ase Search Nam..Scarch Rave Questions Case Summary In the County Court of Gage County The Case ID is CR 07 0000708 Citation No 0000000 State v Holly Richardson The Honorable Steven B Timm, presiding Class_fication Misdemeanor Filed on 07/18/2007 by the County Prosecutor This case is Closed as of 03/03/2008 It was disposed as Guilty Plea/Admission in Court Original appearance date 07/24/2007 at 09 00 Abstract of Judgment sent to Department of Motor Vehicles Parties/Attorneys to the Case Party Attorney Plaintiff State of Nebraska Paul Payne Gage County Courthouse - Rm 2 Beatrice NE 68310 402-223-1344 Defendant Holly Richardson 2180 Bison Rd Beattie KS 66406 Date of Birth is 09/11/1974 Drivers License is Offense Information Count Charge Offense Class 01 DUS when license revoked on points , Class 3 Misdemeanor AMENDED TO Drive under susp/before reinstated-state , Class 3 Misdemeanor Offense Date is 06/01/2007 Plea is Guilty/Admit Finding is Guilty Sentence includes State Fine of $100 00 Revoked License Start Date 03/03/2008 Term of 01 Years 02 Speeding 6-10 MPH County/State , Infraction Offense Date is 06/01/2007 Plea is Guilty/Admit Finding is Guilty Sentence includes State Fine of $25 00 Arresting Officers Agency Officer Beatrice Wesley Henning hops //www nebraska gov/justice/case egi 6/1/2009 JUSULX Labe JCd1Gd rage 2 01 J Warrant In ormation Bench warrant 00040E30 was issued on 11/29/2007 for Holly Richardson It was returned on 03/10/2008 Bond Information Personal Recogn. zance bond filed on 07/31/2007 for Holly Richardson in the amount of $1 00 declared forfeit on 11/29/2007 Court Costs Information Incurred By Account Date Amount Defendant Filing Fees 07/18/2007 $18 00 Defendant NSC Education Fee 07/18/2007 $1 00 Defendant Dispute Resolution Fee 07/18/2007 $0 75 Defendant Indigent Defense Fee 07/18/2007 $3 00 Plaintiff Uniform Data Analysis Fee 07/18/2007 $1 00 Plaintiff J R F 07/18/2007 $5 00 Defendant Filing Fee/JRF 07/18/2007 $2 00 Defendant Civil Legal Services Fund 07/18/2007 $1 00 Defendant LEIF 07/18/2007 $1 00 Plaintiff LASF/Non-waivable 07/18/2007 $2 00 Defendant Legal Aid/Services Fund 07/18/2007 $3 25 Plaintiff Automation Fee 07/18/2007 $6 00 Defendant Sheriff/Service Fees Due 03/10/2008 $2 00 Financial Activity No trust money is held by the court No fee money is held by the court Payments Made to the Court Receipt Type Date For Amount 79561 Check 04/11/2008 State of Nebraska $14 00 Uniform Data Analysis $1 00 J R F $5 00 LASF/Non-waivable $2 00 Automation Fee $6 00 9024759 Jail Time 03/10/2008 Richardson, Holly, $2 00 Sheriff/Service Fees D $2 00 9024754 Jail Time 03/07/2008 Richardson, Holly, $30 00 Filing Fees $18 00 NSC Education Fee $1 CO Dispute Resolution Fee $ 75 Indigent Defense Fee $3 00 Filing Fee/JRF $2 00 https //www nebraska gov/justice/case cgi 6/1/2009 JUJLH.e Lase Jcaiuti rage 3 07 J Civil Legal Services F $1 00 LEIF $1 00 Legal Aid/Services Fun $3 25 9024755 Jail Time 03/07/2008 Richardson, Holly, $125 00 State Fines $100 00 State Fines $25 00 Register of Actions 03/10/2008 Case Closed 03/10/2008 Return-Warrant The document number is 00040830 Served 03/02/2008, Gage County Sheriff Personal Service on Holly Richardson 03/07/2008 Return-Commitment The document number is 00042198 Served Dt Unknown Methd/Srvc Unknown on. Holly Richardson Def served from 3/3/08-3/6/08 (3 days) towards fines & costs due 03/03/2008 Commitment Issued on Holly Richardson The document number is 00042198 03/03/2008 Abstract Sent to DMV 03/03/2008 Compliance to DMV 03/03/2008 Hearing 03/03/2008 License Revoked 03/03/2008 Journal Entry & Order This action initiated by Judge Steven B Timm 03/03/2008 Sentencing 03/03/2008 Hearing https //www nebraska gov/justice/case egi 6/1/2009 Jusuue ease 3earc,u rage q of D 12/31/2007 Suspension Request to DMV 12/03/2007 Failure to Appear 11/29/2007 Journal Entry This actio❑ initiated by Judge Steven B Timm Cash deposit clause added to JE 11/29/2007 Signed Warrant .The document number is 00040830 11/29/2007 Warrant Issued on Holly Richardson The document number is 00040830 11/29/2007 Declaration of Forfeiture of Bond BOND 5813 DECLARATION OF FORFEITURE 11/29/2007 Defendant Failed to Appear Def did not appear New bond set $10, 000/$1000/$2000 Warrant issued PR bond forfeited 10/25/2007 Hearing Def w/o counsel Cont on def's motion for F hrg 11/29/07 @ 9 a m Bond Cont . 09/18/2007 Hearing Def w/o counsel Cont for F hrg 10/25/07 @ 9 a m Bond cont 08/16/2007 Hearing Def w/o counsel Cont on def' s motion for F hrg 9/18/07 @ 10 a m Bond cont Warrant recalled PR bond reinstated 08/14/2007 Note from Court Staff F hrg set for 8/16/07 @ 9 a m 08/14/2007 Defendant Failed to Appear Def did not appear Warrant issued Bond declared forfeit Bond set $5000/$500/$1000 (Def apprd @ 10 40 a m , had a flat tire) 07/31/2007 Appearance Date Arr , def w/o counsel Def requests court-appt counsel Denied Cont to 8/14/07 @ 10 00 a m Def signs PR bond 07/31/2007 Bond Filed nips //www nebraska gov/justice/case cgi 6/1/2009 iusuce Lase nearcn rage of J BOND 5813 FILED 07/30/2007 Amended Compla_nt This action initiated by party State of Nebraska Ct I amended to D U S III M 07/24/2007 Defendant Failed to Appear Def did not appear Arr cont to 7/31/07 @ 9 a m 07/18/2007 Complaint This action initiated by party State of Nebraska https //www nebraska gov/justice/case cgi 6/1/2009 1NculaJxa Lcpal LlliClll Vl 1VI0LUl V O1llWeb - 1/I1Vel s L1uc11se xwc111slaLements rage 1 OI 1 OP .Official Nebraska Government Website Save 'time.. Go cans ne! L Pay Reinstatement Fee -- Outstanding Reinstatement Requirements Step 2 Name: RICHARDSON,HOLLY Nebraska Drivers License H12878512 Number: 09/11/1974 Date of Birth: • Pay $125 reinstatement fee Payment must be in the form of a cashier's check or money order made payable to the Department of Motor Vehicles Include identifying information(i.e name, date of birth, license or Social Security Number and current mailing address) Payment submitted by personal or business checks or not for the required amount will be returned Pay by Visa MasterCard or Discover at our website at http //www dmv ne gov/frd • Provide proof of future financial responsibility by, (1)contact your insurance company to submit an SR-22 Certificate of Insurance, or (2)submit either cash bond or Surety Company bond for $75,000, or (3)certificate of self-insurance. Proof is required on each vehicle registered - regardless of state of resid- ence More information at http //www dmv.ne gov/frd/proofindex html Proof is required to be maintained continuously until 03/03/2012 Print Proceed with Credit Card Payment �I DMV Help ) Note if there are other requirements listed, payment of the reinstatement fee will not result in immediate drivers license reinstatement Mit Comments or Questions" littps //www nebraska gov/dmv/reinstatements/client cgl 6/1/2009 vivu v - iv cut aaxa L'epaltlllellt UI IVIUtUi V ellu,les rage 1 oI I yOfficial Nebraska Government Website k Search I I® 11,E _I -,V. Can I Take A Traffic Diversion Class If I Have A COL? fi Dnvc icepslny Sel vice tar, Fedora la+requires that a slaar may no mad, or°Pie "` Vehu le Services am viola lot eaten to a parkin ci,v,oMi ,of a i, CBI twirler I liq nnav Safely 'r Motor Carrier Services t Adminieri abet t Staff I Mini Forms (y Revocabons Our Survey Court. Ordered Revocabons Explanation. Your operator's license and/or operating privileges can be revoked whenever you are convicted of a traffic violation and the judgment from the court contains an order to withdraw the operator's license and/or privileges for the time period ordered by the court Reinstatement Requtiements: 1 Surrender operator's license/permit or sign an affidavit of lost license if you no longer have possession of the license This does not apply if the license has expired 2 File proof of financial responsibility,which is to remain on file for three (3) years from the date of eligibility This is normally provided in the form of a SR 22 certificate of Insurance Failure to comply with this requirement would result in the suspension of the operating privileges for an Insurance Cancellation 3 Pay a$125 00 reinstatement fee Payment must be in the form of a cashier's check or money order made payable to the Department of Motor Vehicles or online with MasterCard Visa or Discove When submitting payment, include identifying information (i e name, date of birth, license or social secunty number and current mailing address) Payment submitted by personal or business checks or not for the required amount will be returned Testing Requirements Drivers who have had their operator's license and/or privileges revoked,must test and apply for a new license The Reinstatement/Clearance letter can be used for identification if used within 30 days of the date of the letter If not,drivers will need to provide the Examiner with proof of birth date and identity from the U S Based Proof of Identification form Home rorms- Online Serviced- Cmal' Search Nebraska Nov Privacy&Accessibility Policy- DMV Disclaimer/Privacy Policy CeJyiinh'u'i'it All Ieihtc rose,vod http //www dmv ne gov/frd/susprev/crt html 6/1/2009 PARC 4050 0525 12 FB 19 STATUS 2 CLASS C EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F- PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 01349 PARK AV OMA 68105 OWNER OR TAXPAYER INFORMATION NAME B AND A PETROLEUM CORP DATE OF LAST CHANGE 01-04-2008 + C/O RABIA AHMED BK/PG OR DOC# 2007 141748 ADDR 1349 PARK AVE HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68105 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2009 03-09-2009 21400 266100 287500 IR ADDITION NO 14882 LOT 1 HALF BLOCK 0 HALF HANSCOM PLACE REP 2* SECT TOWN RANGE PLAT 0203 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 75X142 2 3 4 5 6 7 8 PFl-ADFB PF5-PNFB PF6-PAFB PTAX 4050 0525 12 PARCEL HAS DELINQUENT TAXES 19 TAX LIEN REAL PROPERTY TAX INQUIRY TAX TOTAL HOMESTEAD NET TAX TAX INTEREST YEAR DIST VALUE VALUE VALUE BILLED PAID PAID ADV 2008 0100 109800 0 109800 2, 161 82 0 00 00 0 2007 0100 109800 0 109800 2, 163 94 2, 163 94 228 25 5 2006 0100 109800 0 109800 2, 278 48 2, 278 48 00 0 2005 0100 109800 0 109800 2, 303 58 2, 303 58 00 0 2004 0100 109800 0 109800 2, 358 42 2,35E 42 00 0 2003 0100 109800 0 109800 2, 372 28 2, 372 28 00 0 L HANSCOM PLACE REP 2* B AND A PETROLEUM CORP E LOT 1 BLOCK 0 C/O RABIA AHMED G 75X142 1349 PARK AVE A OMAHA NE 68105 L TXSI 4050 0525 12 2009 TAX SALE DATE 03/02/2009 PUBLIC SALE CERTIFICATE NUMBER 09-00632 FEE 10 00 236 BOARDWALK INVESTORS ORIG 000 PAGE 1 * END OF LIST * DESC SPEC PAY TAX AMOUNT INTEREST ADV TOTAL AMOUNT PAY DATE 2007/2008 2, 163 94 228 25 5 00 2, 397 19 ACCUMULATIVE TOTALS 2, 163 94 228 25 5 00 2, 397 19 PF8 - PAGE FORWARD PF7 - PAGE BACKWARD OWNER B AND A PETROLEUM CORP LEGAL HANSCOM PLACE REP 2* C/O RABIA AHMED LOT 1 BLOCK 0 1349 PARK AVE 75X142 OMAHA NE 68105 READY FOR INQUIRY PARC 2572 0100 19 PB 10 STATUS 2 CLASS C EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F- PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 03874 HAMILTON ST OMA 68131 OWNER OR TAXPAYER INFORMATION NAME B AND K PETROLEUM CORP DATE OF LAST CHANGE 01-04-2008 4 C/O ZAHID ALI BK/PG OR DOC# 2007 141744 ADDR 3874 HAMILTON ST HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68131 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2009 03-09-2009 46800 347700 394500 IR ADDITION NO 28826 LOT 1 HALF BLOCK 0 HALF ORCHARD HILL REP I* SECT TOWN RANGE PLAT 0327 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 IRREG 2 3 4 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB PTAX 2572 0100 19 PARCEL HAS DELINQUENT TAXES 10 TAX LIEN REAL PROPERTY TAX INQUIRY TAX TOTAL HOMESTEAD NET TAX TAX INTEREST YEAR DIST VALUE VALUE VALUE BILLED PAID PAID ADV 2008 0100 154700 0 154700 3, 045 82 0 00 00 0 2007 0100 154700 0 154700 3, 048 84 3, 048 84 321 59 5 2006 0100 136900 0 136900 2, 840 84 2, 840 84 00 0 2005 0100 136900 0 136900 2, 872 14 2, 872 14 00 0 2004 0100 136900 0 136900 2, 940 50 2, 940 5C 00 0 2003 0100 136900 0 136900 2, 957 80 2, 957 80 00 0 L ORCHARD HILL REP I* B AND K PETROLEUM CORP E LOT 1 BLOCK 0 C/O ZAHID ALI G IRREG 3874 HAMILTON ST A OMAHA NE 68131 L TXSI 2572 0100 19 2009 TAX SALE DATE 03/02/2009 PUBLIC SALE CERTIFICATE NUMBER 09-0:816 FEE 10 00 607 CONTINENTAL RESOURCES ORIG 000 PAGE 1 * END OF LIST * DESC SPEC PAY TAX AMOUNT INTEREST ADV TOTAL AMOUNT PAY DATE 2007/2008 3, 048 84 321 59 5 00 3, 375 43 ACCUMULATIVE TOTALS 3, 048 84 321 59 5 00 3, 375 43 PF8 - PAGE FORWARD PF7 - PAGE BACKWARD OWNER B AND K PETROLEUM CORP LEGAL ORCHARD HILL REP I* C/O ZAHID ALI LOT 1 BLOCK 0 3874 HAMILTON ST IRREG OMAHA NE 68131 READY FOR INQUIRY PARC 3323 0000 16 FB 40 STATUS 2 CLASS C EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F- PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 05188 LEAVENWORTH ST OMA 66106 OWNER OR TAXPAYER INFORMATION NAME B AND K PETROLEUM CORP DATE OF LAST CHANGE 01-04-2008 + C/O ZAHID ALI BK/PG OR DOC# 2007 141746 ADDR 3874 HAMILTON ST HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68131 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2009 03-09-2009 45100 139600 164700 RA ADDITION NO 22840 LOT 12 HALF BLOCK 6 HALF LOCKWOOD ADD SECT TOWN RANGE PLAT 0430 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 S 1/2 VAC ALLEY & 2 LTS 11 & 3 26 X 131 & 50 X 133 35 4 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB PTAX 3323 0000 16 PARCEL HAS DELINQUENT TAXES 40 TAX LIEN REAL PROPERTY TAX INQUIRY TAX TOTAL HOMESTEAD NET TAX TAX INTEREST YEAR DIST VALUE VALUE VALUE BILLED PAID PAID ADV 2008 0100 122900 0 122900 2, 419 74 0 00 00 0 2007 0100 125100 0 125100 2, 465 50 2, 465 50 260 06 5 2006 0100 138700 0 138700 2, 878 20 2, 878 20 00 0 2005 0100 138700 0 138700 2, 909 90 2, 909 90 00 0 2004 0100 138700 0 138700 2, 979 16 2, 979 16 00 0 2003 0100 138700 0 138700 2, 996 68 2, 996 68 00 0 L LOCKWOOD ADD B AND K PETROLEUM CORP E LOT 12 BLOCK 6 C/O ZAHID ALI G S 1/2 VAC ALLEY & 3874 HAMILTON ST A LTS 11 & OMAHA NE 68131 L 26 X 131 & 50 X 133 35 TXSI 3323 0000 16 2009 TAX SALE DATE 03/02/2009 PUBLIC SALE CERTIFICATE NUMBER 09-03752 FEE 10 00 A61 US BANK-COST/SASS MUNI VI DTR ORIG 000 PAGE 1 * END OF LIST * DESC SPEC PAY TAX AMOUNT INTEREST ADV TOTAL AMOUNT PAY DATE 2007/2008 2, 465 50 260 06 5 00 2, 730 56 ACCUMULATIVE TOTALS 2, 465 50 260 06 5 00 2, 730 56 PF8 - PAGE FORWARD PF7 - PAGE BACKWARD OWNER B AND K PETROLEUM CORP LEGAL LOCKWOOD ADD C/O ZAHID ALI LOT 12 BLOCK 6 3874 HAMILTON ST S 1/2 VAC ALLEY & OMAHA NE 68131 LTS 11 & READY FOR INQUIRY PARC 2595 0004 05 FB 05 STATUS 2 CLASS C EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 02411 N 030 ST OMA 68111 OWNER OR TAXPAYER INFORMATION NAME B AND K PETROLEUM CORP DATE OF LAST CHANGE 11-03-2008 + C/O ZAHID ALI BK/PG OR DOC# 2007 141745 ADDR 3874 HAMILTON ST HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68131 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2009 03-09-2009 22700 360000 382700 RA ADDITION NO 01040 LOT 9 HALF BLOCK 0 HALF ARLINGTON SECT TOWN RANGE PLAT 0221 LEGAL DESCRIPTION LEGAL DESCRIPTION I W 1/2 LOT 5 & ALL LOTS 6 THRU 9 2 ARLINGTON ADD 3 4 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB PTAX 2595 0004 05 PARCEL HAS DELINQUENT TAXES 05 TAX LIEN REAL PROPERTY TAX INQUIRY TAX TOTAL HOMESTEAD NET TAX TAX INTEREST YEAR DIST VALUE VALUE VALUE BILLED PAID PAID ADV 2008 0100 121400 0 121400 2, 390 20 0 OC 00 0 2007 0100 121400 0 121400 2, 392 58 2, 392 58 252 37 5 2006 0100 121400 0 121400 2, 519 20 2, 519 20 00 0 2005 0100 121400 0 121400 2, 546 96 2, 546 96 00 0 2004 0100 121400 0 121400 2, 607 56 2, 607 56 00 0 2003 0100 121400 0 12140G 2, 622 92 2, 622 92 00 0 L ARLINGTON B AND K PETROLEUM CORP E LOT 9 BLOCK 0 C/O ZAHID ALI G W 1/2 LOT 5 & ALL LOTS 6 THRU 9 3874 HAMILTON ST A ARLINGTON ADD OMAHA NE 68131 L TXSI 2595 0004 05 2009 TAX SALE DATE 03/02/2009 PUBLIC SALE CERTIFICATE NUMBER 09-03404 FEE 10 00 635 MARBLE ROCK INVESTMENTS LLC ORIG A26 PAGE 1 * END OF LIST * DESC SPEC PAY TAX AMOUNT INTEREST ADV TOTAL AMOUNT PAY DATE 2007/2008 2, 392 58 252 37 5 00 2, 649 95 ACCUMULATIVE TOTALS 2, 392 58 252 37 5 00 2, 649 95 PF8 - PAGE FORWARD PF7 - PAGE BACKWARD OWNER B AND K PETROLEUM CORP LEGAL ARLINGTON C/O ZAHID ALI LOT 9 BLOCK 0 3874 HAMILTON ST W 1/2 LOT 5 & ALL LOTS 6 THRU 9 OMAHA NE 68131 ARLINGTON ADD READY FOR INQUIRY PARC 444% 0050 23 FB 31 STATUS 2 CLASS C EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F- PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 06524 N 030 ST OMA 68112 OWNER OR TAXPAYER INFORMATION NAME M AND A PETROLEUM CORP DATE OF LAST CHANGE 01-18-2008 + C/O SARMED ALI BK/PG OR DOC# 2008 3011 ADDR :222 S 24 ST HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68108 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2009 03-09-2009 41000 83200 124200 IR ADDITION NO 39721 LOT 1 HALF BLOCK 0 HALF UPLAND TERRACE REPLAT 1 SECT TOWN RANGE PLAT 0244 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 IRREG 2 3 4 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB PTAX 4447 0050 23 PARCEL HAS DELINQUENT TAXES 3i TAX LIEN REAL PROPERTY TAX INQUIRY TAX TOTAL HOMESTEAD NET TAX TAX INTEREST YEAR DIST VALUE VALUE VALUE BILLED PAID PAID ADV 2008 0100 86200 0 86200 1, 697 16 , 0 00 00 0 2007 0100 86200 0 86200 1, 698 84 1, 698 84 179 19 5 2006 0100 86200 0 86200 1, 788 76 1, 788 76 00 0 2005 0100 86200 0 86200 1, 808 46 1, 808 46 00 0 2004 0100 86200 0 86200 1, 851 50 1, 851 50 00 0 2003 0100 86200 0 86200 1, 862 40 1, 862 40 00 0 L UPLAND TERRACE REPLAT 1 M AND A PETROLEUM CORP E LOT 1 BLOCK 0 0/0 SARMED ALI G IRREG 1222 S 24 ST A OMAHA NE 68108 L TXSI 4447 0050 23 2009 TAX SALE DATE 03/02/2009 PUBLIC SALE CERTIFICATE NUMBER 09-03201 FEE 10 00 635 MARBLE ROCK INVESTMENTS LLC ORIG A13 PAGE 1 * END OF LIST * DESC SPEC PAY TAX AMOUNT INTEREST ADV TOTAL AMOUNT PAY DATE 2007/2008 1, 698 84 179 19 5 00 1, 883 03 ACCUMULATIVE TOTALS 1, 698 84 179 19 5 00 1, 883 03 PF8 - PAGE FORWARD PF7 - PAGE BACKWARD OWNER M AND A PETROLEUM CORP LEGAL UPLAND TERRACE REPLAT 1 C/O SARMED ALI LOT 1 BLOCK 0 1222 5 24 ST IRREG OMAHA NE 68108 READY FOR INQUIRY PARC 1813 0004 22 FB 18 STATUS 2 CLASS C EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F- PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 01222 S 024 ST OMA 68108 OWNER OR TAXPAYER INFORMATION NAME M AND A PETROLEUM CORP DATE OF LAST CHANGE 11-19-2008 + C/O SARMED ALI BK/PG OR DOC# 2008 3008 ADDR 1222 S 24 ST HOMESTEAD DELETE CITE OMAHA ST NE ZIP 68108 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2009 03-09-2009 73500 209500 283000 IR ADDITION NO 35700 LOT 20 HALF BLOCK 7 HALF SHULLS 2ND ADD SECT TOWN RANGE PLAT 0203 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 ALL LT 19 & -EX SESTLY 6 13 FT 2 TRIA- LOT 20 3 IRREG 4 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB PTAX 1813 0004 22 PARCEL HAS DELINQUENT TAXES 18 TAX LIEN REAL PROPERTY TAX INQUIRY TAX TOTAL HOMESTEAD NET TAX TAX INTEREST YEAR DIST VALUE VALUE VALUE BILLED PAID PAID ADV 2008 0100 118600 0 118600 2, 335 08 0 00 00 0 2007 0100 106800 0 106800 2, 104 82 2, 104 82 222 01 5 2006 0100 110800 0 110800 2, 299 24 2, 299 24 18 58 0 2005 0100 110800 0 110800 2, 324 56 2, 324 56 00 0 2004 0100 110800 0 110800 2, 379 88 2, 379 88 .00 0 2003 0100 110800 0 110800 2, 393 90 2, 393 90 00 0 L SHULLS 2ND ADD M AND A PETROLEUM CORP E LOT 20 BLOCK 7 C/O SARMED ALI G ALL LT 19 & -EX SESTLY 6 13 FT 1222 S 24 ST A TRIA- LOT 20 OMAhA NE 68108 L IRREG TXSI 1813 0004 22 2009 TAX SALE DATE 03/02/2008 PUBLIC SALE CERTIFICATE NUMBER 09-00460 FEE 10 00 183 CENTRAL PROPERTIES ORIG 000 PAGE 1 * END OF LIST * DESC SPEC PAY TAX AMOUNT INTEREST ADV TOTAL AMOUNT PAY DATE 2007/2008 2, 104 82 222 01 5 00 2, 331 83 ACCUMULATIVE TOTALS 2, 104 82 222 01 5 00 2, 331 83 PF8 - PAGE FORWARD PF7 - PAGE BACKWARD OWNER M AND A PETROLEUM CORP LEGAL SHULLS 2ND ADD C/O SARMED ALI LOT 20 BLOCK 7 1222 S 24 ST ALL LT 19 & -EX SESTLY 6 13 FT OMAHA NE 68108 TRIA- LOT 20 READY FOR INQUIRY PARC 0468 0006 21 FB 18 STATUS 2 CLASS C EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F- PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 02401 LEAVENWORTH ST OMA 68105 OWNER OR TAXPAYER INFORMATION NAME M AND A PETROLEUM CORP DATE OF LAST CHANGE 11-19-2008 + C/O SARMED ALI BK/PG OR DOC# 2008 3009 ADDR 1222 S 24 ST HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68108 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2009 03-09-2009 58100 267100 325200 IP ADDITION NO 32340 LOT 32 HALF BLOCK 0 HALF REDICKS 2ND ADD SECT TOWN RANGE PLAT 0205 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 E 1/2 LOT 31 & -EX IRREG NESTLY 2 19 39 FT TRIA- E 163 27 S 55 FT 3 LOT 32 4 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB PTAX 0468 0006 21 PARCEL HAS DELINQUENT TAXES 18 TAX LIEN REAL PROPERTY TAX INQUIRY TAX TOTAL HOMESTEAD NET TAX TAX INTEREST YEAR DIST VALUE VALUE VALUE BILLED PAID PAID ADV 2008 0100 228600 0 228600 4,500 80 0 00 00 0 2007 0100 233500 0 233500 4, 601 84 4, 601 84 485 40 5 2006 0100 173400 0 173400 3, 598 26 3, 598 26 00 0 2005 0100 228000 0 228000 4, 783 40 4, 783 40 00 0 2004 0100 228000 0 228000 4, 897 24 4, 897 24 00 0 2003 0100 228000 0 228000 4, 926 06 4, 926 06 00 0 L REDICKS 2ND ADD M AND A PETROLEUM CORP E LOT 32 BLOCK 0 C/O SARMED ALI G E 1/2 LOT 31 & -EX IRREG NESTLY 1222 S 24 ST A 19 39 FT TRIA- E 163 27 S 55 FT OMAHA NE 68108 L LOT 32 TXSI 0468 0006 21 2009 TAX SALE DATE 03/02/2009 PUBLIC SALE CERTIFICATE NUMBER 09-02738 FEE 10 00 872 REGINA DALE ORIG DOG PAGE 1 * END OF LIST * DESC SPEC PAY TAX AMOUNT INTEREST ADV TOTAL AMOUNT PAY DATE 2007/2008 4, 601 84 485 40 5 00 5, 092 24 ACCUMULATIVE TOTALS 4, 601 84 485 40 5 00 5, 092 24 PF8 - PAGE FORWARD PF7 - PAGE BACKWARD OWNER M AND A PETROLEUM CORP LEGAL REDICKS 2ND ADD C/O SARMED ALI LOT 32 BLOCK 0 1222 S 24 ST E 1/2 LOT 31 & -EX IRREG NESTLY OMAHA NE 68108 19 39 FT TRIA- E 163 27 S 55 FT READY FOR INQUIRY PARC 0397 0002 13 FB 11 STATUS 2 CLASS C EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F- PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 00503 N 033 ST OMA 68131 OWNER OR TAXPAYER INFORMATION NAME M & A PETROLEUM CORP DATE OF LAST CHANGE 02-11-2008 + ATTN SARMED ALI PRESIDENT BK/PG OR DOC# 2008 3010 ADDR 1222 S 29 ST HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68108 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2009 03-09-2009 60000 223700 283700 IR ADDITION NO 15920 LOT 2 HALF BLOCK 1 HALF HAWTHORNE ADD SECT TOWN RANGE PLAT 0214 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 PT VAC CASS ST & ALLEY ADJ & 2 E 98 2 FT LT 1 & E98 2 N 29 FT 3 LT 2 4 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB PTAX 0397 0002 13 PARCEL HAS DELINQUENT TAXES 11 TAX LIEN REAL PROPERTY TAX INQUIRY TAX TOTAL HOMESTEAD NET TAX TAX INTEREST YEAR DIST VALUE VALUE VALUE BILLED PAID PAID ADV 2008 0100 92000 0 92000 1, 811 34 0 00 00 0 2007 0100 92000 0 92000 1, 813 16 1, 813 16 191 25 5 2006 0100 92000 0 9200C 1, 909 12 1, 909 12 00 0 2005 0100 92000 0 92000 1, 930 14 1, 930 14 00 0 2004 0100 92000 0 92000 1, 976 08 1, 976 08 00 0 2003 0100 92000 0 92000 1, 987 72 1, 987 72 00 0 L HAWTHORNE ADD M & A PETROLEUM CORP E LOT 2 BLOCK 1 ATTN SARMED ALI PRESIDENT G PT VAC CASS ST & ALLEY ADJ & 1222 S 29 ST A E 98 2 FT LT 1 & E98 2 N 29 FT OMAHA NE 68108 L LT 2 TXSI 0397 0002 13 2009 TAX SALE DATE 03/02/2009 PUBLIC SALE CERTIFICATE NUMBER 09-01550 FEE 10 00 539 THOMAS LI KLIMISCH ORIG 000 PAGE 1 * END OF LIST * DESC SPEC PAY TAX AMOUNT INTEREST ADV TOTAL AMOUNT PAY DATE 2007/2008 1, 813 16 191 25 5 00 2, 009 41 ACCUMULATIVE TOTALS 1, 813 16 191 25 5 00 2, 009 41 PF8 - PAGE FORWARD PF7 - PAGE BACKWARD OWNER M & A PETROLEUM CORP LEGAL HAWTHORNE ADD ATTN SARMED ALI PRESIDENT LOT 2 BLOCK 1 1222 S 29 ST PT VAC CASS ST & ALLEY ADJ & OMAHA NE 68108 E 98 2 FT LT 1 & E98 2 N 29 FT' READY FOR INQUIRY PARC 3305 0002 21 FB 24 STATUS 2 CLASS C EXEMPT 0 EXEMPT TYPE TAX DISTRICT 0100 SID F- PROP HOUSE hALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 02302 S 013 ST OMA 68108 OWNER OR TAXPAYER INFORMATION NAME B AND A PETROLEUM CORP DATE OF LAST CHANGE 01-04-2008 + C/O RABIA AHMED BK/PG OR DOC# 2007 141749 ADDR 1349 PARK AVE HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68105 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2009 03-09-2009 61400 624000 685400 RA ADDITION NO 33960 LOT 1 HALF BLOCK 4 HALF ROGERS -S E-ADD SECT TOWN RANGE PLAT 0111 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 E 124 N 165 FT 2 LOT 1 BLK 4 3 165 X 124 4 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB PTAX 3305 0002 21 PARCEL HAS DELINQUENT TAXES 24 TAX LIEN REAL PROPERTY TAX INQUIRY TAX TOTAL HOMESTEAD NET TAX TAX INTEREST YEAR DIST VALUE VALUE VALUE BILLED PAID PAID ADV 2008 0100 219500 0 219500 4, 321 62 0 00 00 0 2007 0100 219500 0 219500 4, 325 94 4, 325 94 456 30 5 2006 0100 219500 0 219500 4, 554 90 4, 554 90 00 0 2005 0100 219500 0 219500 4, 605 08 4, 605 08 00 0 2004 0100 219500 0 219500 4, 714 66 4, 714 66 00 0 2003 0100 219500 0 219500 4, 742 42 4, 742 42 00 0 L ROGERS -S E-ADD B AND A PETROLEUM CORP E LOT 1 BLOCK 4 C/O RABIA AHMED G E 124 N 165 FT 1349 PARK AVE A LOT 1 BLK 4 OMAHA NE 68105 L 165 X 124 TXSI 3305 0002 21 2009 TAX SALE DATE 03/02/2009 PUBLIC SALE CERTIFICATE NUMBER 09-01850 FEE 10 00 608 EASTERN PROPERTIES ORIG 000 PAGE 1 * END OF LIST * DESC SPEC PAY TAX AMOUNT INTEREST ADV TOTAL AMOUNT PAY DATE 2007/2008 4, 325 94 456 30 5 00 4, 787 24 ACCUMULATIVE TOTALS 4, 325 94 456 30 5 00 4, 787 24 PF8 - PAGE FORWARD PF7 - PAGE BACKWARD OWNER B AND A PETROLEUM CORP LEGAL ROGERS -S E-ADD C/O RABIA AHMED LOT 1 BLOCK 4 1349 PARK AVE E 124 N 165 FT OMAHA NE 68105 LOT 1 BLK 4 READY FOR INQUIRY HIST NO MORE INSTRUMENTS FOR THIS PROPERTY ADDITION HANSCOM PLACE REP 2* LOT 000001 BLOCK 00000 TYPE NUMBER FILED DATED BK PG AMOUNT CHARACTER BK PG REL 2007133020 071130 071127 0 00 U REC 2004005808 1 *FIRST AMERICAN TITLE INS 2 *KUM AND GO LC DEED 2007133021 071130 071128 850000 00 WD 1 *KUM AND GO LC 2 *IOWA GAS GROUP INC MTG 2007133045 071130 071128 4624000 00 DT 1 *IOWA GAS GROUP INC 2 WASHBURN BEN DEED 2007141748 071228 071217 1100000 00 WD 1 *IOWA GAS GROUP INC 2 *B AND A PETROLEUM CORP MTG 2007141750 071228 071217 1999743 00 DT 1 *B AND A PETROLEUM CORP 2 LAMPHERE JAMES MISC 2008032765 080404 080303 0 00 SUB TR 2007133045 1 *ASSOCIATED BANK 2 LUTZ PATRICK REL 2008032766 OB0404 080312 0 00 D REC 2007133045 1 LUTZ PATRICK 2 *IOWA GAS GROUP INC Vokal Questions for 7th Heaven `.l d t 1 Q-' vt ` ' u 4 e Ai UQ Given the past problems with the Infinite stores, do you have any experience running a convenience store with a liquor licenses? In the month you have been running these two stores, what changes have you made and how are they different than when Mr Ali ran them? How do you plan to oversee these stores if you are living in Missouri? How did you learn that these stores were for sale? Do you feel $24 sqft/yr is a comparable rental rate to the area? Do you have any previous relationship with Mohammed Ali, Charnpal (Paul) Ghuman or any other relatives of Mr Ali or Mr Ghuman? How are you financing the operations of these stores since your application states you have no loans? Are you or anyone associated with you involved with any of the other Infinite stores in Omaha, Iowa, Kansas or Illinois? Have you acquired or do you plan to acquire similar agreements with Mr Ali for his other stores in Omaha? Have you done any work on any of these other stores? Questions for Mike Kelley as Mohammed Ali's attorney As Mr Ali's attorney also, I want to get on the record so that it is crystal clear for any government agency that may be looking into Mr Ali's business operations, is Mr Ali 100%completely out of the convenience store/gas business at these two stores? Is his role now only that of a property investor/landlord for these properties which appears to be a violation of the conditions for the taxpayer backed SBA loans for$5 6 million? LIQUOR RULES FOR THE CITY COUNCIL OF THE CITY OF OMAHA After study and investigation, your Liquor Committee does recommend the following rules 1 Each applicant for a Liquor License shall submit with his application to the City Council a statement as to whether the business is operated as a proprietorship, a partnership or a corporation, and in the event that said business is operated as a partnership or a corporation that a copy of the Partnership Agreement or the Articles of Incorporation be submitted with the application 2 In the event that there is any material change of any interest in the Liquor License after the same has been granted, that is, a change in the Partnership Agreement or a change in the holder of any interest in the corporation, or a change of stock therein which results in any person holding in the aggregate more than twenty-five percent (25%) of all of the stock of such corporation, that the City Council be notified of any such change within ten days after the same is made 3 In considering renewals of all types of licenses, the City Council will consider the operation of the business during the past year, violations of the Liquor Control Act, Rules and Regulations thereof, or Ordinances of the City of Omaha, the records of the persons employed by or connected with the establishment 4 Any licensee filing a false application will, upon discovery thereof by the City Council of the City of Omaha, be cited before said City Council in such procedure, as provided by law, to show cause why said license should not be suspended or revoked 5 In the event of the sale of a business where an application for a new liquor license will be made, the seller and the buyer shall furnish the City Council with a copy of the Sale Agreement of said business 6 Each applicant for any type of license shall be personally present in the Legislative Chamber, in order that the Council may make any inquiries, on the date of public hearing of the application for said license The applicant shall not have to personally appear in the case of a renewal of an existing license except where the applicant has been guilty of a violation of the Liquor Laws, Rules and Regulations, during the preceding year Further, the council may, at any time request an applicant to be present regardless of whether application is being made for a new license or a renewal of an existing license • 7 The Council shall not grant any new licenses of any type or permit the transfer of an existing license to a location which is located with 300 feet of any City Park, to be measured from the nearest lot line of the Park to the nearest wall of the building where the license is to be issued, (State law 53-177 provides that license may not be located within 150 feet of any school, church, hospital, or home for aged, or indigent, or for veterans, their family, and 300 feet from campus of any college or university 8 The "Manager" of any licensed premises shall be defined as the Manager duly appointed by law or such person who "in fact" operates said establishment and the licensee of such premises shall be responsible for all the acts of said Manager committed on the licensed premises 9 Definition of Tavern license - Tavern License is defined as a Class C Liquor License where the main operation conducted on the licensed premises consists of the sale and consumption of alcoholic liquors 10 Each applicant for a liquor license at a new location and each licensee seeking to transfer a license to a new location, add to licensed premises, or upgrade the retail privileges permitted by the license shall submit, at the time of an application, a list of names and addresses of the property owners within 500 feet of the licensed premises An abstractor registered under the Nebraska Abstractors Act shall prepare the list and certify to its accuracy The City Clerk shall post the premises advising the public of the intentions of the applicant Further, the City Clerk shall notify the said property owners and the president of any registered neighborhood association, alliance, or coalition serving the area in which the licensed premise is located in writing of the application and date of hearing before the City Council 11 After receiving notification of a Nebraska Liquor Control Commission decision contrary to a recommendation or other action of the City Council, the City Attorney may apply for a rehearing by the Commission If the City Attorney determines that a basis for appeal to the District Court exists, a resolution directing appeal to the District Court shall be submitted for approval by the City Council When necessary to preserve the right to appeal, the City Attorney may commence appeal without City Council direction and, as soon as practicable thereafter, a resolution directing continuation of the appeal shall be submitted to the City Council 12 The Council may grant a liquor license to premises that include an outdoor area when (a) The outdoor area abuts against a licensed structure, or, (b) If the outdoor area does not abut against a licensed structure, no street, drive, sidewalk or other passageway used for public vehicular or pedestrian traffic is between the outdoor area and the licensed structure, and, (c) A fence, wall, hedgerow or similar barrier sufficient to prevent uncontrolled entrance or exit from the licensed area separates the outdoor licensed area from unlicensed areas For purposes of this Rule, a licensed structure shall mean that portion of an enclosed building which is described in the same license as describes the outdoor area The applicant shall identify all measures that will be taken to prevent customers from illegally removing alcohol from the outdoor areas ORIGINAL CITY COUNCIL LIQUOR RULES, ADOPTED AS AMENDED BY RESOLUTION NUMBER 3987, OCTOBER 1, 1957 P \CC\STORED\0030fmt doc Revised 5/2/06 New Print 1/17/08 Z7o-3oti 1 I I�I II IIIIftU1WUU 11111 Ufflfl 604-3og2 f IB 20007141750 FEE 1 to( w FB.��`� 1 flftHMHMUUih N �� H D , 110. VDEl SCAN C MF DEC 28 2007 14:07 P 32 a 1 Received-DIANE L BATTIATO Regsfer or Deeds Douglas Coutes PE 12282007 14 07 38 04 -----------------Above space for recording--- ------- �88171n75C' NEBRASKA DEED OF TRUST THIS DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND-FIXTURE FILING made this 17th day of December, 2007 by the Trustor, B&A Petroleum Corp , an Nebraska corporation (the "Borrower") The Trustee is James Lamphere, whose address is 3910 South Street, Lincoln, NE 68506, in favor of the Beneficiary, AMERICAN ENTERPRISE BANK (hereinafter, together with its successors and assigns, including each and every from time to time holder of the Deed of Trust Note hereinafter referred to, called the "Lender"), whose address is 275 South Roselle Road, Schaumburg, Illinois 60193 WHEREAS, Borrower is indebted to Lender in the principal sum of ONE MILLION NINE HUNDRED NINETY NINE THOUSAND SEVEN HUNDRED FORTY THREE and 00/100 Dollars ($1,999,743 00), which indebtedness is evidenced by a certain Note(the"Note")of even date herewith in the principal amount of ONE MILLION NINE HUNDRED NINETY NINE THOUSAND SEVEN HUNDRED FORTY THREE and 00/100 Dollars($1,999,743 00) made by Borrower and payable to the order of and delivered to Lender; and WHEREAS, the Borrower has agreed that this Deed of Trust shall in addition to the Note, secure payment of that certain Note dated December 17, 2007 in the principal amount of ONE MILLION SIX HUNDRED SIXTY SIX THOUSAND EIGHT HUNDRED EIGHTY THREE and 00/100 Dollars ($1,666,883 00)executed by B &K Petroleum Corp in favor of the Lender and that certain Note dated December 17, 2007 in the principal amount of ONE MILLION NINE HUNDRED NINETY NINE THOUSAND SEVEN HUNDRED FORTY THREE and 00/100 Dollars ($1,999,743 00)executed by M &A Petroleum Corp in favor of the Lender(collectively referred to as the"Additional Notes") WHEREAS,the unpaid principal amount and all accrued and unpaid interest due under the Note, if not sooner paid, shall be due on December 16, 2032 All such payments on account of the indebtedness evidenced by the Note shall be first applied to interest on the unpaid principal balance and the remainder to principal and all of said principal and interest being made payable at such place as the holder of the Note may from time to time in writing appoint, and in the absence of such appointment,then at the office of Lender, at the address indicated above or at such other address as Lender may from time to time designate in writing NOW, THEREFORE, Borrower, to secure the payment of the Note and the Additional Notes with interest thereon, and any extensions and renewals thereof, in whole or in part, and the payment of all other sums with interest thereon advanced in accordance herewith or in the Note provided (hereinafter referred to as the"Indebtedness")to protect the security of this Deed of Trust, and the performance of the covenants and agreements of Borrower herein contained, does hereby irrevocably convey to Trustee, in Trust, with power of sale, the following real estate located in the City of Omaha, County of Douglas, State 1 Ya504 aSeyq il6f, Ot1 2 • of Nebraska and commonly known as 1349 Park Avenue, Omaha, Nebraska and 2302 S 13th Street, Omaha, Nebraska, and further described on Exhibit A attached hereto and made a part hereof (hereinafter collectively referred to as the "Real Estate"), which Real Estate is presently improved, is referred to herein as the"Premises"together with (a) All of the Real Estate, (b) All buildings and other improvements now or at any time hereafter constructed or erected upon or located at the Real Estate, and all matenals located on the Real Estate intended for construction, reconstruction, alteration and repairs of such improvements now or hereafter erected thereon, together with and including, but not limited to, all fixtures, equipment, machinery, appliances and other articles and attachments now or hereafter forming part of, attached to or incorporated in any such buildings or improvements (all hereinafter referred to as the"Improvements"), (c) All pnvileges, reservations, allowances, hereditaments, tenements and appurtenances now or hereafter belonging or pertaining to the Real Estate or Improvements, (d) All leasehold estates, right, title and interest of Borrower in any and all leases, subleases, arrangements or agreements relating to the use and occupancy of the Real Estate and Improvements or any portion thereof, now or hereafter existing or entered into (all hereinafter referred to as teases"), together with all cash or security deposits, advance rentals and other deposits or payments of similar nature given in connection with any Leases, (e) All rents, issues, profits, royalties, income, avails and other benefits now or hereafter derived from the Real Estate and Improvements, under Leases or otherwise(all hereinafter referred to as "Rents"), subject to the right, power and authority given to the Borrower in the Assignment hereinafter referred to, to collect and apply the Rents, (f) All right, title and interest of Borrower in and to all options to purchase or lease the Real Estate or Improvements, or any portion thereof or interest therein, or any other rights, interests or greater estates in the rights and properties compnsing the Premises, now owned or hereafter acquired by Borrower, (g) Any interests, estates or other claims, both in law and in equity, which Borrower now has or may hereafter acquire in the Real Estate and Improvements or other rights, interests or properties comprising the Premises now owned or hereafter acquired, (h) All right, title and interest of Borrower now owned or hereafter acquired in and to (i) any land or vaults lying within the right-of-way of any street or alley, open or proposed, adjoining the Real Estate, (u) any and all alleys, sidewalks, strips and gores of land adjacent to or used in connection with the Real Estate and Improvements, (ni) any and all rights and interests of every name or nature forming part of or used in connection with the Real Estate and/or the operation and maintenance of the Improvements, (iv) all easements, rights-of-way and rights used in connection with the Real Estate or Improvements or as a means of access thereto, and (v) all water rights and shares of stock evidencing the same, (i) All right, title and interest of Borrower in and to all tangible personal property (hereinafter referred to as "Personal Property"), owned by Borrower and now or at any time hereafter located in, on or at the Real Estate or Improvements or used or useful in connection therewith, including, but not limited to 2 1 27 sea , the Rehabilitation Act of 1973, 29 U S.0 §701, the Vietnam Era Readjustment Assistance Act of 1982, 38 U S C §2012, the Nebraska Civil Rights Act, Nebraska Code Chapter 20 et sea and any and all other relevant laws, ordinances, rules regulations and policies (hereinafter referred to as the "EEO Laws"), (b) the Borrower has never received any notice of any violation, and is not aware of any existing violations of federal, state or local laws, ordinances, rules, regulation or policies with respect to any EEO Laws and there have been no policies with respect to any EEO Laws and there have been no actions commenced or threatened with respect to same, and (c) Borrower represents and warrants that the premises are in compliance with the public accommodation and all other related federal, state and local laws, regulations, etc, and the Borrower shall take all actions necessary to insure continued compliance to same (b) The Borrower shall defend, indemnify and hold harmless the Lender, its employees, agents, officers and directors from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expense including attorneys fees, court costs, litigation expenses, known or unknown, contingent or otherwise, arising out of or in any way related to the EEO laws as set forth above The provisions of this section shall be in addition to and in no way limit the Borrower's obligations to the Lender under any other sections of this Deed of Trust 54 Release Upon Payment and Discharge of Borrower's Obligations, Upon payment of all sums as herein provided, Lender shall direct Trustee to reconvey the Property and shall surrender this Deed of Trust and the Note secured Trustee shall reconvey the Property without warranty and without charge to the persons legally entitled to it 55 Waiver of Jury Trial THE BORROWER AND HEREBY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING (i) TO ENFORCE OR DEFEND ANY RIGHTS UNDER OR IN CONNECTION WITH THIS DEED OF TRUST OR ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED IN CONNECTION HEREWITH, OR (ii) ARISING FROM ANY DISPUTE OR CONTROVERSY IN CONNECTION WITH OR RELATED TO THIS DEED OF TRUST, AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY 56 Right to Assign Lender may assign, negotiate, pledge or otherwise hypothecate this Deed of Trust or any of its rights and security hereunder, including the Note and other Loan Documents to any bank, participant,financial institution, or any other person or entity and in case of such assignment, Lender will accord full recognition thereto and agree that all nghts and remedies in connection with the interest so assigned shall be enforceable against Lender by such bank, participant,financial institution or any other person or entity with the same force and effect and to the same extent as the same would have been enforceable but for such assignment IN WITNESS WHEREOF, this Deed of Trust is executed and delivered as of the day and year first above written B&A PETROLEUM CORP an Nebraska corporation � By ;ac% J`1' - .P d Rabra`Thmed, President 27 28 STATE OF ILLINOIS )SS COUNTY OF COOK ) I, the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY that the above-named Rabia Ahmed, President of B & A PETROLEUM CORP is personally known to me to be the same person whose name is subscribed to the foregoing instrument, as such appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act and as the free and voluntary act of said company for the uses and purposes therein set forth GIVEN under my hand and Notary Seal, this 17th day of December, 2007� > J thRYPU1tC • •••o Commission expires 7/g 2001 "OFFICIAL• SEAL" •• •• LINDA TYRRELL • •♦ NotaryI Public,State of Illinois My Commission Expires 07/O8I00 28 I - 30 SBA RIDER The Loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document,then under SBA regulations a) When SBA is the holder of the Note,this document and all documents evidencing or securing this Loan will be construed in accordance with federal law. b) Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents,giving notice,foreclosing liens, and other purposes By using these procedures, SBA does not waive any federal immunity from local or state control, penalty,tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower,or defeat any claim of SBA with respect to this Loan Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured b y this instrument. 1 II I �I II I i 11. - - ---- --------- ---- 31 /pr,t 1� 1,,._ Ck7 File No 6043081 ""•'''/EXHIBIT A The land referred to herein is described as follows Lot One(1), Hanscom Place Replat 2,an addition to the City of Omaha, I, ,‘1/42$-?-- as surveyed, platted and recorded in Douglas County, Nebraska. i G � I I I i II 4 I 3 1 I i ' II ALTA Comnulment(6-17-06) Page 2 ScheduleA 1 i 1 32 )ja/! ,n � File No 6043082 I EXIHIBI�T"A" The land referred to herein is described as follows The East 124 feet of the North Half of Lot One(1)and the North 33 feet of a`t,j 33`�(0 the East 124 feet of the South Half of Lot One(1),all in Block Four(4), S.E. Rogers Addition, an addition to the City of Omaha,as surveyed, platted and recorded in Douglas County, Nebraska. f � ! I I I ! ALTA Commitment(6-17-06) ScheduleA Paget - ----- of Nebraska and commonl known as 1222 S 24th Street, Omaha, Nebraska, 2401 Leavenworth, Omaha, Nebraska, 503 33mStreet, Omaha, Nebraska and 6524N 30th Street, Omaha, Nebraska, and , further described on Exhibit A attached hereto and made a part hereof(hereinafter collectively referred to as the "Real Estate"), which Real Estate is presently improved, is referred to herein as the "Premises" together with (a) All of the Real Estate, (b) All buildings and other improvements now or at any time hereafter constructed or erected upon or located at the Real Estate, and all materials located on the Real Estate intended for construction, reconstruction, alteration and repairs of such improvements now or hereafter erected thereon, together with and including, but not limited to, all fixtures, equipment, machinery, appliances and other articles and attachments now or hereafter forming part of, attached to or incorporated in any such buildings or improvements (all hereinafter referred to as the"Improvements"), (c) AU privileges, reservations, allowances, hereditaments, tenements and appurtenances now or hereafter belonging or pertaining to the Real Estate or Improvements, (d) All leasehold estates, right, title and interest of Borrower in any and all leases, subleases, arrangements or agreements relating to the use and occupancy of the Real Estate and Improvements or any portion thereof, now or hereafter existing or entered into (all hereinafter referred to as teases"), together with all cash or security deposits, advance rentals and other deposits or payments of similar nature given in connection with any Leases, (e) All rents, issues, profits, royalties, income, avails and other benefits now or hereafter derived from the Real Estate and Improvements, under Leases or otherwise(all hereinafter referred to as "Rents"), subject to the right, power and authority given to the Borrower in the Assignment hereinafter referred to, to collect and apply the Rents, (f) All right, title and interest of Borrower in and to all options to purchase or lease the Real Estate or Improvements, or any portion thereof or interest therein, or any other rights, interests or greater estates in the rights and properties comprising the Premises, now owned or hereafter acquired by Borrower, (g) Any interests, estates or other claims, both in law and in equity, which Borrower now has or may hereafter acquire in the Real Estate and Improvements or other rights, interests or properties comprising the Premises now owned or hereafter acquired, (h) All right, title and interest of Borrower now owned or hereafter acquired in and to (i) any land or vaults lying within the right-of-way of any street or alley, open or proposed, adjoining the Real Estate, (u) any and all alleys, sidewalks, strips and gores of land adjacent to or used in connection with the Real Estate and Improvements, (m) any and all rights and interests of every name or nature forming part of or used in connection with the Real Estate and/or the operation and maintenance of the Improvements, (iv) all easements, rights-of-way and rights used in connection with the Real Estate or Improvements or as a means of access thereto, and (v)all water nghts and shares of stock evidencing the same, (i) All right, title and interest of Borrower in and to all tangible personal property (hereinafter referred to as "Personal Property"), owned by Borrower and now or at any time hereafter located in, on or at the Real Estate or Improvements or used or useful in connection therewith, including, but not limited to 2 27 sea , the Rehabilitation Act of 1973, 29 U S C §701, the Vietnam Era Readjustment Assistance Act of 1982, 38 U S C §2012, the Nebraska Civil Rights Act, Nebraska Code Chapter 20 et sea and any and all other relevant laws, ordinances, rules regulations and policies (hereinafter referred to as the "EEO Laws"), (b) the Borrower has never received any notice of any violation, and is not aware of any existing violations of federal, state or local laws, ordinances, rules, regulation or policies with respect to any EEO Laws and there have been no policies with respect to any EEO Laws and there have been no actions commenced or threatened with respect to same, and (c) Borrower represents and warrants that the premises are in compliance with the public accommodation and all other related federal, state and local laws, regulations, etc, and the Borrower shall take all actions necessary to insure continued compliance to same (b) The Borrower shall defend, indemnify and hold harmless the Lender, its employees, agents, officers and directors from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expense including attorney's fees, court costs, litigation expenses, known or unknown, contingent or otherwise,arising out of or in any way related to the EEO laws as set forth above The provisions of this section shall be in addition to and in no way limit the Borrower's obligations to the Lender under any other sections of this Deed of Trust 54 Release Upon Payment and Discharge of Borrower's Obligations, Upon payment of all sums as herein provided, Lender shall direct Trustee to reconvey the Property and shall surrender this Deed of Trust and the Note secured Trustee shall reconvey the Property without warranty and without charge to the persons legally entitled to it 55 Waiver of Jury Trial THE BORROWER AND HEREBY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING (i) TO ENFORCE OR DEFEND ANY RIGHTS UNDER OR IN CONNECTION WITH THIS DEED OF TRUST OR ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED IN CONNECTION HEREWITH, OR (ii) ARISING FROM ANY DISPUTE OR CONTROVERSY IN CONNECTION WITH OR RELATED TO THIS DEED OF TRUST, AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY 56 Right to Assign Lender may assign, negotiate, pledge or otherwise hypothecate this Deed of Trust or any of its rights and security hereunder, including the Note and other Loan Documents to any bank, participant,financial institution, or any other person or entity and in case of such assignment, Lender will accord full recognition thereto and agree that all rights and remedies in connection with the interest so assigned shall be enforceable against Lender by such bank, participant,financial institution or any other person or entity with the same force and effect and to the same extent as the same would have been enforceable but for such assignment IN WITNESS WHEREOF, this Deed of Trust is executed and delivered as of the day and year first above written M &A PETROLEUM CORP an Nebraska corporation By Sarmed Ali, President 27 � I 30 SBA RIDER The Loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business owners If the tinged States is seeking to enforce this document,then under SBA regulations a) When SBA is the holder of the Note,this document and all documents evidencing or securing this Loan will be construed in accordance with federal law b) Lender or SBA may use local or Mate procedures for purposes such as filing papers, recording documents,giving notice, foreclosing (lens, and other purposes By using these procedures, SBA does not waive any federal immunity from local or state control, penalty,tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to this Loan Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured b y this instrument it I it II ---------- --- -- --- ---- - 31 tEl ,Qnr File No 6043083 EXHIBIT"A" jThe land referred to herein is described as follows Lots Nineteen(19)and Twenty(20),Block Seven(7),Shulls 2nd t� ierlCO Addition,an addition to the City of Omaha,as surveyed,platted and recorded in Douglas County, Nebraska,except a triangular parcel of land located in Lot Twenty(20), more particularly described as follows: Beginning at the Southeast corner of said Lot Twenty(20),this point also being the point of Intersection of the existing Westerly Right of Way of 24th Street and the existing Northerly Right of Way of Poppleton Street;thence South 87 degrees 16 minutes 66 seconds West(assumed bearing)along the Southerly line of said Lot Twenty(20), 4.50 feet; thence North 44 degrees 52 minutes 09 seconds East,6.13 feet to a point ' on the Easterly line of said Lot Twenty (20);thence South 02 degrees 20 minutes 20 seconds East along said Easterly line,4.13 feet to the point of beginning. + I ALTA Commitment(6-17-06) ScheduleA Page 2 i � I G- FileNo 6043084 XHIBIT"A" The land referred to herein is described as follows �5d The East 163.27 feet of the South 55.00 feet of Lot Thirty-Two(32)and as- the East One-Half of Lot Thirty-One(31), Redick's 2nd Addition to the City of Omaha,Douglas County, Nebraska,all being more particularly described as follows: Beginning at the Southeast corner of Lot Thirty-One(31), in Redick's 2nd Addition;thence North 89 degrees 47 minutes 51 seconds West (assumed bearing)for140.13 feet along the South lineof said Lot Thirty- One(31);thence North 00 degrees 20 minutes 06 seconds East for 74.61 feet to the North line of said Lot Thirty-One(31);thence North 89 degrees 47 minutes 23 seconds West for 22.98 feet along the North line of said Lot Thirty-One(31);thence North 00 degrees 12 minutes 49 seconds East for 54.71 feet to the North line of the South 55.00 feet of Lot Thirty-Two(32);thence South 89 degrees 47 minutes 11 seconds East for 163.27 feet along the North line of the South 55.00 feet of Lot Thirty-Two(32)to the East line of said Lot Thirty-Two(32),thence South 00 degrees 21 minutes 18 seconds West for 129.29 feet along said East line of Lots Thirty-Two (32)and Thirty-One(31)to the point of beginning; EXCEPT for a parcel of land deeded to the City of Omaha for public purposes more particularly described as follows:An irregular shaped parcel of land located in the East 163.27 feet of the South 55.00 feet of Lot Thirty-Two(32),Redick's 2nd Addition,an addition to the City of Omaha,Douglas County, Nebraska,more particularly descnbed as follows: Beginning at the Northeast corner of the South 55.00 feet of said Lot Thirty-Two(32);thence South 02 degrees 20 minutes 20 seconds East(assumed bearing) along the Easterly line of said Lot Thirty-Two (32),12.68 feet;thence North 51 degrees 39 minutes 28 seconds West 19 39 feet to a point on the Northerly line of the South 56.00 feet of said Lot Thirty-Two(32),thence North 87 degrees 29 minutes 24 seconds East along said Northerly line, 14.70 feet to the point of beginning. I i ' 'I k ALTA Cammttment(6-17.06) Page 2 ScheduleA i � t 101fil File No 6043085 EXHIBIT"A" 9-C) The land referred to herein is described as follows 1 k" J J The East 98.2 feet of Lot One(1)and the East 98.2 feet of the North 29 0 t feet of Lot Two(2), Block One(1), Hawthorne,an addition to the City of Omaha,as surveyed, platted and recorded in Douglas County,Nebraska, TOGETHER with that part of the Southwest Quarter of Section 16, Township 15 North, Range 13 East of the 6th P.M., described as follows: Commencing at a point 16 8 feet East of the Northwest corner of Lot One (1), Block One(1),Hawthorne;thence North 33.0 feet;thence East 98.2 feet;thence South 33.0 feet to the Northeast corner of said Lot One(1); thence West 98.2 feet to the place of beginning;and TOGETHER with the j South 4.0 feet of vacated alley adjoining said tract on the North. I ; II i I li I f I ALTA Commitment(6-17-06) Page z Schedule A j i ---- --- - - - ------ - --- -- - _ — 39 ((jay, I ` (�y77 File No 6043086 EXHIBIT"A" The land referred to herein is described as follows Lot One(1), Upland Terrace Replat 1,an addition to the City of Omaha, 3 as surveyed, platted and recorded in Douglas County, Nebraska. I � i i 9 1 ' I i I � t i i � I l j I ff ALTA Comm,unent(6-17-06) Page 2 Schedule , I 3i I & CI) Lif. S OtAPitA /A1' E 6 ' 13 A i 0vt i_ 1KG To C9. 0 Cu ?vEcol. /! s Pv°dS/A-sa T1RE ►.._.Ict..N>ES rF*R- 14Fit 04Filvi I S / 0e-€5 ocfact-c You -7 / / .2009 / / \ CDEt0 / A2 - \ \ k \/ [ ° ° 2 § / e j § / ® \ / \ c57 \ & ( \ 3a0 0 -- EE / ny y O > m * / ( ` /P / ° \ / acP ! ® " ° \} ƒ ( They're worth the trip. 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