Ronald B. and Annette C. Talmage - Page 29




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               both, parties fail or refuse to execute a mortgage in                  
               favor of my client, I have been instructed to commence                 
               an appropriate action in Multnomah County Circuit Court                
               to obtain and foreclose its interest in the Property so                
               as to secure its loan to the borrower.                                 
                    Please advise me, within seven days of the date of                
               this letter, whether your respective client will agree                 
               to execute a standard form of real property mortgage in                
               favor of my client.  If I do not have such commitment                  
               within this time, I will have no alternative but to                    
               declare the Loan Agreement in default and commence a                   
               lawsuit to enforce my client’s rights.                                 
          Mr. Seymour never spoke with the solicitors, Mr. Seki, or anyone            
          else from NCPL.  On June 1, 2001, Mr. Seymour mailed and faxed a            
          letter to the solicitors stating:                                           
               Dear Sir:                                                              
                    I have now had a telephone conference with Mr.                    
               Eric Larson, attorney for Mr. Ronald Talmage in the                    
               divorce proceeding.                                                    
                    Mr. Larson first asked me whether I would be                      
               filing a lawsuit on behalf of New Century Properties                   
               Limited.  I told him that I was prepared to file a                     
               lawsuit if I had to; however, I would prefer that Mrs.                 
               Talmage agree to execute the mortgage without the                      
               necessity of a lawsuit.                                                
                    Mr. Larson advised me that the divorce case was                   
               set for a settlement conference with the judge next                    
               Wednesday, June 6, 2001.  He told me that the threat of                
               a lawsuit by New Century Properties Limited would                      
               probably help settle this divorce case.  He also told                  
               me that he hoped that the terms of the settlement would                
               include an award of the Corbett property to his client.                
               If that were to happen, his client would cooperate and                 
               sign a mortgage.  This would certainly facilitate the                  
               resolution of this matter.                                             
                    Mr. Larson promised to advise me of the results of                
               the settlement conference.  I intend to serve Notice of                
               Default of the Loan Agreement terms on Tuesday, June 5,                
               2001, unless I have agreements from both parties that                  






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