DOCR 20110443420 B: 10257 P: 5332 08/23/2011 01:43:28 PM Page 1 of 7 Rec Fee: $61.00 Martha 0.

Haynie Comptroller Orange County, Fi SA - Ret To: STOVASH CASE & TINGLEY PA OF COURT IN THE CIRCUIT IN NINTH CIRCUIT JUDICIAL FOR ORANGE FLORIDA COUNTY, CASE FIFTH THIRD corporation, Plaintiff, a 2 m < o a a a 2 vs. EXODUS TRUCK SYSTEMS, INC., a AMERICAN corporation; LEASING, LLC, a foreign AMERICAN BANK, a Michigan banking NO.: 48-2009-CA-000883-0 THE AND

I III ma

rian

htf iW"II mT

WI Ill

foreign EQUIPMENT limited liability company;

LEASING & EQUIPMENT FINANCE, INC., a Florida corporation; CRANE CREEK FUNDING, LLC, a foreignlimited liability company; TRUCK ACQUISITION FUNDING, LLC, a foreign limitedliability REPAIR company; NATIONAL TRUCK, & PARTS, INC., a foreigncorporation; and MARTHA LANCE, an individual,

o a

Defendants.

O FINAL JUDGMENT AGAINST EXODUS TRUCK DEFENDANTS, SYSTEMS, INC., AMERICAN EQUIPMENT & LEASING LEASING, LLC, AMERICAN EQUIPMENT CREEK FINANCE, INC., CRANE TRUCK FUNDING, LLC, ACQUISITION FUNDING, LLC, NATIONAL REPAIR & PARTS, INC., AND C. RANDY TRUCK, LANCE, JOINTLY AND SEVERALLYi THIS CAUSE came on to be heard on April 7, 2011, upon Plaintiffs Motion forFinal

a o

on February 8, 2011. At the hearingand subsequent to the Judgment filed thisCourt hearing, reviewed said Motion, the Forbearance Agreement dated March Plaintiffs 24, 2009, at issue,

The Court is advised that subsequent to the hearing on April 7, 2011, Defendant, MARTHA LANCE filed for ("Ms. Lance"), under the United State protection Bankruptcy Code. As a result of the bankruptcy filing, thisactionis stayed as againstMs. Lance. This Final Judgment is not a final judgment againstMs. Lance and thisaction shallremain pending as Ms. Lance. against

'

Affidavit of Default and Memorandum

Amounts

Due

Under

Forbearance Agreement, Defendants'

of Law in Response and OppositiontoPlaintiff s Motion forFinalJudgment filed to Defendants' Memorandum of Law in

March 3, 2011, and Plaintiffs Reply Memorandum

Response and Opposition to PlaintiffsMotion for Final Judgment filed April 4, 2011. thisCourt reviewed the transcript of the hearing. On July 12,2011, thisCourt then Thereafter, enteredits Order Granting Motion forEntry of Judgment in favorof Plaintiff. This Court now makes the followingFINDINGS: 1. TRUCK Service of process has been properly made SYSTEMS, LEASING FUNDING, INC., AMERICAN & FINANCE, LLC, EQUIPMENT INC., CRANE TRUCK, LANCE against Defendants, EXODUS LEASING, CREEK LLC, AMERICAN LLC, TRUCK INC. f/k/a

EQUIPMENT ACQUISITION

FUNDING, &

NATIONAL

REPAIR

PARTS,

NationalTruck Sales& Leasing,Inc., and C. RANDY

forpurposesof this (collectively

Final Judgment, the "Defendants"), or has been waived and thisCourt has jurisdiction over the inthiscause and its parties matter. subject 2. On March and Defendants entered into a Forbearance 24, 2009, Plaintiff

of thisaction. Agreement in settlement 3. On March 27, 2009, thisCourt enteredits Order of DismissalWithout Prejudice

to Action Being Reopened), administratively (Subject without prejudice, thisaction, dismissing, to reopeningby any of the parties subject at any time in orderto obtain(a)an orderin thefuture dismissingthe action with prejudice in accordance with the provisionsof the Forbearance Agreement or (b) a final in favorof Plaintiff judgment in the future of enforcingthe provisions

the Forbearance Agreement upon a default.Within said Order,thisCourt reserved specifically of thismatterto enforcethe ForbearanceAgreement shouldtherebe a default. jurisdiction 4. There is a default under the terms of the Forbearance Agreement in that

Defendantshave failed to make the final accruedinterest, payment of alloutstanding principal, and otherfees and charges due and payable under the Forbearance Agreement and the Loan Doctunents(asdefinedwithinthe Forbearance Agreement) on March 31, 2010. 5. On January 5,2011, Plaintiff, delivered a letter to Defendants throughits counsel,

demanding immediate and full payment of the indebtedness. 6. Plaintiff provided Defendants with more than five(5) days noticeof the hearing

on its Motion forFinalJudgment, as required theterms of the Forbearance Agreement. by 7. As issetforthin thisCourt'sOrder GrantingMotion forEntry of Judgment dated

is entitled July 12,2011, Plaintiff to entryof a FinalJudgment "consistent with its Motion for FinalJudgment and [the] Order." See Order GrantingMotion for Entry of Judgment atp. 3. itishereby ORDERED Accordingly, 8. 9. EXODUS AMERICAN TRUCK Plaintiff FIFTH THIRD Plaintiff FIFTH TRUCK SYSTEMS, LEASING FUNDING, THIRD and ADJUDGED that:

BANK's BANK

Motion forFinalJudgment isGRANTED. shall have and recover from Defendants, EQUIPMENT CREEK REPAIR LEASING, FUNDING, & PARTS, LLC, LLC; INC.

INC.,

AMERICAN

EQUIPMENT

& FINANCE,

INC., CRANE TRUCK, LANCE,

ACQUISITION

LLC, NATIONAL

flk/aNational Truck Sales & Leasing, Inc.,C. RANDY

the jointlyand severally,

amount of $4,375,546.21, principal plus accruedinterest throughJuly 15,2011, in the amount of $818,449.98, plus latefees and other bank feesand chargesin the amount of $56,137.55, and

which feesin the amount of $4,000.00, fora total attorneys' judgment amount of $5,254,133.74, shallbear interest at the legalrate, 6% per annum, from the date of this which is currently judgment, for which letexecution issue. 10. In addition, Plaintiff FIFTH THIRD BANK's interest in the personalproperty (as defined within the

describedwithin the Verified Complaint and the Loan Documents

Forbearance Agreement) was perfected, and is superior to the interest claimed by any of the Defendants. In the event Plaintiff FIFTH TRUCK FUNDING, SYSTEMS, THIRD BANK locates specificcollateral of EQUIPMENT LEASING, LLC,

Defendants, EXODUS LLC; CRANE CREEK

INC.; AMERICAN

LLC; and/or TRUCK

ACQUISITION

FUNDING,

thatcan be seizedand liquidated to satisfy this FinalJudgment, then Plaintiff a Writ may request of Replevin from the Clerk of Court and a Writ of Replevinshallimmediately issue. 11. FIFTH THIRD For purposes of calculating the amount of attorneys' fees awarded to Plaintiff BANK, the Court has considered the ForbearanceAgreement and its of provision

fees.The total of $4,000.00in attorneys' liquidated attorney's feesisreasonable. 12. SYSTEMS, LEASING FUNDING, It is further ordered and adjudged that Defendants, EXODUS INC., AMERICAN & FINANCE, EQUIPMENT CREEK REPAIR LEASING, LLC, AMERICAN LLC, TRUCK TRUCK

EQUIPMENT ACQUISITION

INC., CRANE TRUCK, LANCE

FUNDING,

LLC, NATIONAL

& PARTS, INC. f/k/a NationalTruck Sales&

and C. RANDY Leasing,Inc.,

shall each complete under oath separate Florida Rule of

CivilProcedureForm 1.977's(FactInformation allrequiredattachments, Sheets), and including servethe completed forms on Plaintiffs within 45 days from the date of thisFinal attorney Judgment, unlessthe FinalJudgment issatisfied or post-judgmentdiscoveryisstayed.

13. including:

of this case is retainedto enter furtherorders that are proper, Jurisdiction

a.

An emergency order appointinga receiverto (1) manage and recover BANK's and (2)collect of the collateral, payments due under theleases

Plaintiff FIFTH THIRD

as the collateral is subjectto waste and the leasepayments made by third are collateral, parties not being used by Defendants to pay the amounts due Plaintiff; and b. AMERICAN FINANCE, An order compelling Defendants,EXODUS LEASING, CREEK REPAIR LLC, AMERICAN LLC, TRUCK TRUCK EQUIPMENT ACQUISITION SYSTEMS, LEASING FUNDING, INC., &

EQUIPMENT INC., CRANE TRUCK, LANCE,

FUNDING, & PARTS,

LLC, NATIONAL and C. RANDY Inc.,

INC. flkla NationalTruck Sales & Leasing,

to complete the required Fact InformationSheets,including all

and servethe completed FactInformation Sheetson Plaintiffs required attachments, attorney. 14. AMERICAN FINANCE, The lastknown EQUIPMENT INC., CRANE TRUCK, LANCE, EXODUS addressesof Defendants,EXODUS LEASING, CREEK REPAIR LLC, AMERICAN LLC, TRUCK TRUCK EQUIPMENT ACQUISITION SYSTEMS, LEASING FUNDING, INC., &

FUNDING, & PARTS,

LLC, NATIONAL and C. RANDY Inc., a.

INC. flkla NationalTruck Sales & Leasing,

are as follows:

TRUCK SYSTEMS, INC. Identification Number xx-xxx-7487) (Federal c/oAmerican Equipment Leasing, Registered Agent 3700 34* Street Suite120 Orlando, FL 32805

b.

AMERICAN

EQUIPMENT LEASING, LLC Identification Number xx-xxx-1367) (Federal c/o American Equipment Leasing & Finance,Registered Agent 3700 34 Suite120 Street Orlando,FL 32805 5

c.

AMERICAN & FINANCE, LEASING EQUIPMENT Identification Number (Federal xx-xxx-3746) c/o Gregory Tucci,Registered Agent 225 NE 8 AVE Ocala, FL 34470 CRANE CREEK FUNDING, LLC Number xx-xxx-1075) (FederalIdentification c/oBolin Blake,Registered Agent 3700 34 Street Suite120 Winter Park FL 32805

INC.

d.

e.

TRUCK LLC ACQUISITION FUNDING, Number xx-xxx-4941) (FederalIdentification clo Randy Lance, Registered Agent 3700 34* Street Suite120 Orlando, FL 32805 NATIONAL TRUCK, REPAIR Sales& Leasing,Inc. & PARTS, INC. f/k/a NationalTruck

f.

Number xx-xxx-2725) (FederalIdentification c/o American Equipment Leasing, Registered Agent 3700 34 Street Suite120 Orlando, FL 32805 g. C. RANDY LANCE

Number Unknown) (SocialSecurity 1311 Atlantic Street Melbourne, FL 32951 15. Florida 34108. DONE AND ORDERED in Orange County,Florida, this FIFTH THIRD Plaintiff, BANK's addressis999 VanderbiltBeach Road, Naples,

day of

d1011.

r 'ckJ.Lauten Cire itJudge STATE OF FLORIDA,COUNTY OF ORANGE 1HEREBY CERTIFY

CERTIFICATE

OF SERVICE

I HEREBY CERTIFY thaton 2011, I servedthe fbregoingFinalJudgment via United StatesMail / Hand Delivery n Robe J. Stovash, Esquire, Counsel for Plaintiff, at Stovash,Case & Tingley,P.A., 200 S. Orange Avenue, Suite 1220, Orlando,Florida 32801 and on Allan P. Whitehead, Esquire, Counsel for Defendants, at Frese, Hansen, Anderson, Anderson, Heuston & Whitehead, P.A.,2200 Front Street, Suite301, Melbourne, Florida 32901.

Assis