Yarbrough Oldsmobile Cadillac, Inc. - Page 13

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          and subsequent years at a specified market rate and to debit the            
          interest so calculated to the YOC-Elvin Account.                            
               The November 17, 1986, $325,939 transaction referred to in             
          the above schedule for 1986 warrants further explanation.  On               
          July 28, 1983, Elvin and Charles R. Koons (Koons) formed North              
          River Development Corp. (NRDC) as a Florida corporation to open a           
          new Chrysler-Plymouth dealership.  Elvin and Koons each owned 50            
          percent of NRDC's outstanding stock.                                        
               On November 17, 1986, in order to provide funds for the                
          purchase of real property that was located one block from the YOC           
          dealership and that would serve as the site of the new Chrysler-            
          Plymouth dealership, YOC transferred $325,939 to an escrow                  
          account to provide one-half of the funds necessary for purchase             
          of the real property.  As a result of this transfer, the                    
          outstanding debit balance in the YOC-Elvin Account was increased            
          by $325,939.                                                                
               No representative of NRDC, nor Elvin, executed any loan                
          documents or promissory notes in connection with this use of                
          $325,939 of YOC's funds to purchase the real property.  The real            
          property that was purchased was titled in the name of NRDC.                 
               In 1987, YOC's outside accounting firm reclassified on YOC's           
          books the $325,939 debit to the YOC-Elvin Account related to the            
          above transaction as a debit to a new YOC account receivable                
          reflecting a debt owed by NRDC to YOC.  It is not clear in the              
          record who requested the accounting firm to make this change.               




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Last modified: May 25, 2011