Email Message to Traton, October 14, 2005 Exhibit OHan, Sam S. Ph.D. Han, Sam S. Ph.D Friday, October 14, 2005 1:51:PM "Eldon Basham f Han, Sam 8. Ph.D ii FW: Reasonable Demand? Dear Mr. Basham: We hope that this email message finds you doing well Pirst of all, thank you for taking time from your busy schedule to return my call yesterday to discuss this matter. As promised, I emailed Chris shortly after our conversation, and gave him a summary of our conversation. He has recently replied to that email. Rather than re-writing his entire email reply, I'm including it below (unmodified). It conveys much of his thoughts on why he has pursued this matter to this extent. Tf you wouldn't mind forwarding this to Mr. Poston, 1 think that this would go a long way in resolving the matter quickly Sincerely, Sam Han Sam 8. Han, Ph.D. MeGuireWoods LLP The Proscenium 1170 Peachtree Street, N.E Suite 2100 Atlanta, Georgia 30309-7649 Phone: 404.443.5728 Fax: 404.443.5797 Mobile: 404.514.6237 email: shanemcguirewoods.com This e-mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete inmediately without reading or forwarding to others Original Message~ From: Moses, Chris [mailto:Chris_Moses@tiomeDepot . com] Sent: Friday, October 14, 2005 13.18 PM To: Han, Sam's. Ph.D Subject: RE: Reasonable Demand? Hey Sam: Thanks tor taking care of this for me. Here's the short answer to your question (although it will likely be longer than you want) 1. Issue a written apology (both from Traton and Mr. Foster) for failing to return calls, emails, etc.; and promise to respond to my messageo/calls/emails in a timely manner. 1 don't think it's too much for them to say that they're sorry for putting me through all this. If they just did the right thing from the beginning, then it would never have come to this Completely repair the’ damage done to the yard. Traton's last attempt to fix my yard was undone immediately by another truck driving Over the yard. The day they stated it was fixed, there were additional tire tracks. Technically, I have not seen an undamaged yard since February, All parties (Traton, HOA, and me) must agree that the yard is fixed to 1 MOS 0000120its original condition. 3. Require that Traton will, to the best of its ability, instruct the subcontractors not to drive over my yard. It isn't too unreasonable to ask that the drivers stay on the road, and not on other people's yards. And if they're going to drive on my yard, then they should at least have the decency to fix the damage. 4. If Teaton manages the hone owers' assoviation for that subdivision, then rescind that letter accusing me of not maintaining my yard, and rescind the letter from their attorney OF at least iscue another letter that waives that alleged violations and accusations. Traton knows that I can't comply with the covenant because the danage that Traton caused is severe enough to prevent me fron properly naintaining the damaged portion of my yara and if Rick had returned my phone calle and fixed my grass. 1 would not have had to take creative measures to get Traton’s attention. Not to mention that their attorney lecter had sone blatant falsehoods (for example, “people driving off the road,” I am sure that the Bilis, Lexuses, and premium cars everyone owns do not jump the three inch curb.) Ideally, I would like to stop the damage to my yard. However, if that can't be promised, then I would like to know how committed Traton is to ite customers, namely, to me. If Live had to escalate things to this level, and they're still willing to drive over my lawn (or not make any effort to stop their sub-contractors from driving over my yard), then I seriously question whether they were ever sorry. It aggravates me that they invade my space. If someone did that to Bill Foston's home, I'm pretty sure that he'd be upset too. all I'm doing is asking them to put themselves in my shoes. It's bad enough that they ruin the curb appeal of my yard. It's really unacceptable that they completely ignore me when I'm trying to get them to make things right. It's their subcontractors; it's their building project; it's all the stuff that makes money FOR TRATON! Given this, they can at least have the decency to call me back. My fear is that Traton will fix the yard (similar to how they did last time), and then damage it again (similar to how they did last time). This type of repeated damage is too much, I'm sure that Poston would talk to his contractors to stop, if it was his house. Why can't he talk to them on behalf of his customers? It baffles me Anyhow, enough of my preaching. As you know, to me, it's always been about doing the right thing. It sucks that I have to spend 90 much’money to make my point. But I'm willing to do this all over again, if I must, I've talked to a lot of folks about this, and they're ALL (every one of them, without exception) in agreement with me Maybe one additional option is to have a face to face with Bill Poston. At this point, we have never met, and have preconceived ideas about each others integrity. Sitting down’ (Mc Donald’s or Georgian Club), discussing the events, and burying the hatchet could assist in negating the negative perceptions we have towards each other. From my perspective, Bill may not be @ bad person, but Rick Foster has some major issues with customer service, commitment, honesty, and integrity. If Rick had any concept of what the previous words meant, we would not be in this situation. I believe that I have been very reasonable with my actions and the above listed items. My anticipation is that Traton will also be reasonable, finally fulfill their promises, and bring closure to this chapter. Traton must realize that if this continues after the yard is fixed that we will be right back in this situation, with a strong possibility of having financial demands (attorney costs, punitive damages, nuisance fee, etc.). When this is all over, hopefully we can resume a collegial relationship typical of that between parties having the common goal of community well-being. Thanks again for taking care of this for me. I owe you and your wife a good steak dinner 2) chris. (Sorry about the delay, 1 had to type this on my blackberry.) Original Message- From: Han, Sam S. PA.D (mailto: SHanémeguirewoods. com) Sent: Thursday, October 13, 2005 6:16 PM 2 MOS 0000121