Douglas A. and Janet Vander Heide - Page 5

                                        - 5 -                                         

          obligations of Charterhouse secured by the initial equipment--for           
          the initial equipment.                                                      


               Hambrose Purchase                                                      
               On or about March 29, 1985, Hambrose purchased the initial             
          equipment from the second purchaser, subject to the liens of the            
          original third-party lenders, the original purchaser, and the               
          user-leases, for $494,861.  Hambrose paid the $494,861 as                   
          follows:  $24,000 in cash and the balance represented by an                 
          unsecured note.  Concurrently with Hambrose's purchase of the               
          initial equipment from the second purchaser, the second purchaser           
          leased back the initial equipment from Hambrose pursuant to a               
          wrap lease (the initial equipment wrap lease).  The terms of the            
          initial equipment wrap lease obligated Charterhouse (by                     
          assignment from the second purchaser) to pay four consecutive               
          annual installments beginning March 31, 1986, in the amount of              
          $159,886 in rent.  Under the initial equipment wrap lease, the              
          lessee waived “any right of set-off under state or federal law,             
          counterclaim, recoupment, defense or other right which Lessee may           
          have against Lessor or anyone else for any reason whatsoever”.              
               The lease agreement contained the following provision:                 










Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011