Denis H. Dieker, Jr., and Shirley J. Dieker, et al. - Page 5

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          offered to settle for an initial payment of $500,000 and $25,000            
          each month thereafter until F&D’s cost to complete the project              
          had been reimbursed, not to exceed $4 million.  On November 9,              
          1999, National proposed to settle for $5 million, payable from              
          1999 through 2001, with incentive credits for early payments.               
          Also in the November 9, 1999, letter National admitted that its             
          obligation, at that time, to F&D under the indemnity agreement              
          and the performance bond was over $2,500,000.  On November 18,              
          1999, F&D proposed adjustments to the payment plan and incentive            
          structure, as follows:  payments of $5,250,000 from 1999 to 2001            
          or $4,750,000 if paid in full on or before July 1, 2000.  As of             
          December 31, 1999, F&D had incurred over $2,500,000 in its                  
          attempt to complete the construction project.                               
               On or around June 22, 2000, F&D sued the indemnitors under             
          the indemnity agreement for $7,296,070, representing the costs              
          F&D incurred to complete the construction project.  On October 5,           
          2000, National agreed to pay $4,638,500 to F&D in two                       
          installments, with $2,500,000 to be paid within 2 days after the            
          agreement was signed and $2,138,500 to be paid on or before                 
          January 15, 2001.  In a separate settlement agreement among                 
          National, the District, and F&D, the District agreed to pay F&D a           
          portion of the remaining outstanding amount due under the                   
          original construction contract between National and the District.           







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