Ronald B. and Annette C. Talmage - Page 19




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               (5) Lender hereby states and Borrower agrees that in                   
               the event that The Loan is contested by Kumiko W.                      
               Talmage and/or her attorney, Lender reserves the right                 
               to file suit in the County of Multnomah, State of                      
               Oregon USA, for damages against Kumiko and Borrower                    
               towards recovery of Lender’s loaned funds, his First                   
               Security interest in The Property, and/or foreclosure                  
               on The Property as per the terms of The Loan.                          
               (6) All other terms as per The Loan remain in effect                   
               and are hereby reconfirmed by the undersigned.                         
          The loan reconfirmation agreement was signed by petitioner but              
          not by Kumiko Talmage.                                                      
               On July 23, 2000, petitioner sent an e-mail message to                 
          Stephen C. Schommer (Mr. Schommer) (the vice president of SSI)              
          titled “Letter rewrite” containing instructions and three letters           
          written by petitioner.  The e-mail message instructed Mr.                   
          Schommer to replace two draft letters Mr. Schommer had written              
          and given to petitioner for review with two of the three letters            
          contained in the e-mail.  The third letter contained in the e-              
          mail was only for Mr. Schommer’s reference.  The e-mail also                
          instructed Mr. Schommer to have the revised letters typed and               
          sent as SSI correspondence.  Mr. Schommer complied with                     
          petitioner’s requests.                                                      
               On July 31, 2000, Mr. Schommer mailed as SSI correspondence            
          the first of the e-mailed letters (written by petitioner) to Mr.            
          Seki, purportedly the chief executive officer (CEO) of NCPL,                
          which stated:                                                               








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