James H. Leste and Stacy Leste, et al. - Page 4

                                        - 4 -                                         
          was incorporated, Silbernagel had been the president of a large             
          mobile home loan servicing company; prior thereto, he had worked            
          for about 8 to 10 years for an automobile loan servicing company.           
          In his prior employment, Silbernagel procured loans and marketed            
          them for sale in bulk to banks and savings and loan associations.           
          Silbernagel had developed contacts at 200 to 250 banks and savings          
          and loan associations with which he had worked. Utilizing his               
          experience and contacts in the loan servicing industry, Silbernagel         
          organized VALC and began providing loan procurement and marketing           
          services, as well as collection and foreclosure services, primarily         
          to mobile home mortgage lenders.                                            
               On March 1, 1987, VALC's mobile home mortgage servicing                
          business, which at that time represented about 75 to 80 percent of          
          the company's operations, was sold to WESAV Financial Corp. (WESAV)         
          for approximately $2,180,000.  The sale contract between WESAV and          
          VALC included a covenant not to compete pursuant to which VALC              
          agreed to refrain from owning or operating a mobile home loan               
          servicing business for a period of 18 months. In addition,                  
          Silbernagel personally executed a consulting and noncompetition             
          agreement with WESAV. That agreement noted Silbernagel's                    
          "substantial knowledge and expertise in the operation, management,          
          business contacts, and research and development activities of the           
          business" and required him to refrain from aiding any competitor or         
          potential competitor for a period of 18 months.  As compensation            
          for services to be rendered and for his covenant not to compete,            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011