Portland, OR 97205 (503) 224-5560 Page 1 of 5 OBJ ECTION TO EXEMPTIONS 736954 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The Hon. Paul B. Snyder Chapter 7 Federal Building 500 W. 12 th Street, 2 nd Floor Vancouver, Washington 98660 Hearing Date: October 1, 2013 Hearing Time: 9:00am Response Date: September 24, 2013
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA In re
Mark A. Leonard,
Debtor.
Case No. 13-43836-PBS
OBJ ECTION TO EXEMPTIONS
Comes now Federal Deposit Insurance Corporation as Receiver for Cowlitz Bank (Creditor) and hereby objects to the Debtor's exemptions pursuant to Bankruptcy Rule 4003(b) and as grounds for its objection states as follows: 1. Debtor filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code on J une 7, 2013. . . . . . . . . Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 1 of 29
BLACK HELTERLINE LLP 805 SW Broadway, Ste. 1900 Portland, OR 97205 (503) 224-5560 Page 2 of 5 OBJ ECTION TO EXEMPTIONS 736954 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Creditor is the holder of a secured claim in the amount of $938,670.44 against the Debtor. The claim is secured by a trust deed lien on the real property located at 160 Horseshoe Bend Estates, Kelso, Washington, 98626 (Horseshoe Property) and a judgment lien entered on J une 7, 2010 against Debtor in the matter of Cowlitz Bank v. Mark and Serena Leonard, Cowlitz County for the State of Washington, case no. 09-2-02-188-1. THE HORSESHOE PROPERTY 3. On or about J une 22, 2009, Debtor granted Creditor a trust deed lien in Horseshoe Property under the express representation that he occupied the property as his principal residence. A copy of the Deed of Trust is attached to Creditors Proof of Claim filed as claim no. 1 in this proceeding. 4. At a deposition held on August 19, 2010 in the arbitration matter of Leonard v. Bodgen, case no. 08-2-00408-5, Kittitas Superior Court for the State of Washington, Debtor testified that his home address was 160 Horseshoe Bend Estates, Kelso Washington, i.e. the Horseshoe Property. A copy of relevant pages of the official deposition transcript is attached hereto as Exhibit A. THE MEEKER DRIVE PROPERTY 5. In addition to the Horseshoe Property, the Debtor owns the real property located at 5335 Meeker Drive, Kalama, Washington, 98625 (Meeker Drive Property). The Meeker Drive Property is encumbered by Creditors judgment lien entered on J une 7, 2010. 6. The Meeker Drive Property is used by the Debtor for commercial purposes and as the headquarters of Tytan International, Inc., as is evidenced by the OTC Pink Basic Disclosure Guideline issued by the Debtor on behalf of Tytan Holdings, Inc. on J une 27, 2013. A copy of the OTC Pink Basic Disclosure Guideline is attached hereto as Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 2 of 29
BLACK HELTERLINE LLP 805 SW Broadway, Ste. 1900 Portland, OR 97205 (503) 224-5560 Page 3 of 5 OBJ ECTION TO EXEMPTIONS 736954 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Exhibit B. The relevant information is located on pages 3-4 of the Exhibit. 7. The Debtor has leased the Meeker Street Property to Tytan Holdings, Inc., the shell company which owns Tytan International, Inc., for use in its commercial enterprise. 8. The Meeker Drive Property is subject to the City of Kalama Zoning Code C-2: Highway Commercial District, which provides for commercial activities which are dependent upon or require access by automobiles and truck, require outdoor storage or display areas as well as off-street parking and loading areas. DEBTORS CLAIM OF HOMESTEAD EXEMPTION 9. In his bankruptcy schedules, Debtor has claimed his Homestead Exemption under Wash. Rev. Code Chapter 6.13 in the Meeker Drive Property rather than the Horseshoe Property. 10. Debtor executed and recorded a Declaration of Homestead on April 26, 2013, an uncertified copy of which is attached for the courts reference as Exhibit C. The Declaration of Homestead was issued only days prior to Creditors issuance of a Writ of Execution on the Meeker Street Property in the matter of Cowlitz Bank v. Mark and Serena Leonard, which occurred on April 30, 2013. 11. Prior to the Sheriffs sale scheduled for J une 14, 2013, the Debtor filed a Proof of Claim pursuant to 12 U.S.C. 1821(d) (13) (D) with Creditor, after which Creditor withdrew is Writ of Execution and canceled the Sherriffs sale. A copy of the relevant Motion, supporting declaration and Order issued in case no. 09-2-02-188-1 are attached hereto as Exhibit D. 12. RWC 60.13.040, Automatic homestead exemption- Conditions- Declaration of homestead-Declaration of abandonment, provides: Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 3 of 29
BLACK HELTERLINE LLP 805 SW Broadway, Ste. 1900 Portland, OR 97205 (503) 224-5560 Page 4 of 5 OBJ ECTION TO EXEMPTIONS 736954 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) Property described in RCW 6.13.010 constitutes a homestead and is automatically protected by the exemption described in RCW 6.13.070 from and after the time the real or personal property is occupied as a principal residence by the owner or, if the homestead is unimproved or improved land that is not yet occupied as a homestead, from and after the declaration or declarations required by the following subsections are filed for record or, if the homestead is a mobile home not yet occupied as a homestead and located on land not owned by the owner of the mobile home, from and after delivery of a declaration as prescribed in RCW 6.15.060(3)(c) or, if the homestead is any other personal property, from and after the delivery of a declaration as prescribed in RCW 6.15.060(3)(d). (2) An owner who selects a homestead from unimproved or improved land that is not yet occupied as a homestead must execute a declaration of homestead and file the same for record in the office of the recording officer in the county in which the land is located. However, if the owner also owns another parcel of property on which the owner presently resides or in which the owner claims a homestead, the owner must also execute a declaration of abandonment of homestead on that other property and file the same for record with the recording officer in the county in which the land is located. RWC 60.13.040 (emphasis added). 13. In order to establish a valid homestead exemption, an owner must intend to reside on the property, record a declaration of homestead, and record a declaration of abandonment of any automatic homestead or existing declared homestead. Arkison v. Wilson (In re Wilson), 341 B.R. 21, 26 (9th Cir. BAP, 2006) quoting Arkison v. Gitts (In re Gitts), 116 B.R. 174, 178 (9th Cir. BAP 1990). The validity of a declared Washington homestead exemption requires focus on the time the declaration is recorded. Id. The bottom line is that a Washington homestead declaration must speak the truth in order to be valid. Id. at 27, quoting Bank of Anacortes v. Cook, 10 Wn.App. 391m 517 P.2d 633,637 (1974). . . . . . Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 4 of 29
BLACK HELTERLINE LLP 805 SW Broadway, Ste. 1900 Portland, OR 97205 (503) 224-5560 Page 5 of 5 OBJ ECTION TO EXEMPTIONS 736954 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 14. At the time Debtor recorded the Declaration of Homestead, any intent to reside at the Meeker Drive Property was impossible because of the commercial zoning restrictions and the lease to Tytan Holdings, Inc. 15. Debtor has failed to comply with the statutory requirements of RCW 6.13.40. There is no declaration evidencing his abandonment of the Horseshoe Property pursuant to RCW 6.13.040(2), as required of an owner who selects a homestead from unimproved and improved land that is not yet occupied as a homestead. 16. Debtor has not filed the Declaration of Homestead with the good faith intent of residing at the Meeker Street Property, but rather to thwart Creditors execution on its judgment lien. WHEREFORE, Creditor objects to the allowance of the exemption claimed by debtor and moves that the claim be denied. DATED this 29 th day of August, 2013. BLACK HELTERLINE LLP
By: /s/ Britta E. Warren Ronald T. Adams, WSBA No. 36013 rta@bhlaw.com Britta E. Warren, WSBA No. 43329 bew@bhlaw.com Fax: (503) 224-6148 Of Attorneys for Federal Deposit Insurance Corporation as Receiver for Cowlitz Bank Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 5 of 29
BLACK HELTERLINE LLP 805 SW Broadway, Ste. 1900 Portland, OR 97205 (503) 224-5560 CERTIFICATE OF SERVICE 736954 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing OBJ ECTION TO EXEMPTIONS upon: Mark A. Leonard PO Box 1249 Kalama, WA 98625 Debtor GMAC Mortgage, LLC ATTN: Bankruptcy Department 1100 Virginia Dr. Fort Washington, PA 19034 Special Notice Request McCarthy &Holthus, LLP 19735 10th Ave. NE, Ste. N200 Poulsbo, WA 98370 Special Notice Request
by mailing a true copy thereof in a sealed, first-class postage prepaid envelope, to said addresses as shown above and deposited in the United States Mail at Portland, Oregon on the date set forth below.
And upon:
Russell D. Garrett russ.garrett@jordanramis.com Chapter 7 Trustee Robert C. Brungardt evelyn638@yahoo.com Debtors Attorney
US Trustees Office USTPREGION18.SE.ECT@usdoj.gov US Trustee
by electronic notification via the Courts ECF system.
DATED this 29 th day of August, 2013. BLACK HELTERLINE LLP
By: /s/ Britta E. Warren Ronald T. Adams, WSBA No. 36013 rta@bhlaw.com Britta E. Warren, WSBA No. 43329 bew@bhlaw.com Fax: (503) 224-6148 Of Attorneys for Federal Deposit Insurance Corporation as Receiver for Cowlitz Bank Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 6 of 29 Byers & Anderson Court Reporters/Video/Videoconferencing Seattle/Tacoma, Washington August 19, 2010 Mark A. Leonard Page 5 1 BE I T REMEMBERED t hat on Thur sday, 2 August 19, 2010, at 2208 Nor t h 30t h St r eet , Tacoma, 3 Washi ngt on, at 8: 59 a. m. , bef or e Chr i st y Sheppar d, 4 Cer t i f i ed Cour t Repor t er , CCR, RPR, appear ed MARK A. 5 LEONARD, t he wi t ness her ei n; 6 WHEREUPON, t he f ol l owi ng pr oceedi ngs 7 wer e had, t o wi t : 8 9 <<<<<< >>>>>> 10 11 MARK A. LEONARD, havi ng been f i r st dul y swor n 12 by t he Cer t i f i ed Cour t Repor t er , 13 t est i f i ed as f ol l ows: 14 15 16 EXAMI NATI ON 17 BY MR. BUNDY: 18 Q Good mor ni ng, Mr . Leonar d. We have met i nf or mal l y. My 19 name i s Howar d Bundy. I r epr esent Mr . Bogden and Bogden 20 I nc. , t he def endant s and t he count er cl ai mant s i n t hi s 21 act i on. 22 Woul d you pl ease st at e your f ul l name f or t he 23 r ecor d, pl ease. 24 A Mark Anthony Leonard. 25 Q And what i s your home addr ess, si r ? Exhibit A Page 1 of 3 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 7 of 29 Byers & Anderson Court Reporters/Video/Videoconferencing Seattle/Tacoma, Washington August 19, 2010 Mark A. Leonard Page 6 1 A 160 Horseshoe Bend Estates, Kelso, Washington. 2 Q Mr . Leonar d, as we ar e si t t i ng her e t hi s mor ni ng ar e 3 you - - do you have any condi t i on t hat woul d make i t 4 di f f i cul t f or you t o under st and my quest i ons, t o be abl e 5 t o gi ve compl et e and accur at e answer s? 6 A No, I just forgot my narcolepsy pills, and that's the one 7 that keeps you from falling asleep, so talk loud and keep 8 me awake. 9 Q Do you r eal l y have an i ssue wi t h f al l i ng asl eep dur i ng 10 t he day? 11 A Yeah. 12 Q Okay. Have you been di agnosed wi t h any ki nd of memor y 13 pr obl ems or anyt hi ng? 14 A No. 15 Q You i ndi cat ed ear l i er bef or e t he r ecor d st ar t ed t hat you 16 had f or got t en your hear i ng ai d. Have you now secur ed 17 your hear i ng ai d and i t ' s wor ki ng? 18 A Got 'em in. 19 Q Al l r i ght . Ar e you mar r i ed, si r ? 20 A No. 21 Q Ar e you r ecent l y di vor ced? 22 A A year and a half or two years -- a year or two ago. 23 Q A year or t wo ago. Do you r ecal l t he ef f ect i ve dat e of 24 t he di vor ce decr ee? 25 A Not really. It seems like it was April something. Exhibit A Page 2 of 3 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 8 of 29 Byers & Anderson Court Reporters/Video/Videoconferencing Seattle/Tacoma, Washington August 19, 2010 Mark A. Leonard 1 STATE OF WASHI NGTON ) I , CHRI STY SHEPPARD, ) ss CCR #1932, a dul y 2 Count y of Pi er ce ) Cer t i f i ed Cour t Repor t er i n and f or t he 3 St at e of Washi ngt on r esi di ng at Buckl ey, 4 do her eby cer t i f y: 5 6 That t he f or egoi ng deposi t i on of MARK A. 7 LEONARD was t aken bef or e me and compl et ed on August 19, 2010, and t her eaf t er was t r anscr i bed under my di r ect i on; 8 t hat t he deposi t i on i s a f ul l , t r ue and compl et e t r anscr i pt of t he t est i mony of sai d wi t ness, i ncl udi ng 9 al l quest i ons, answer s, obj ect i ons, mot i ons and except i ons; 10 That t he wi t ness, bef or e exami nat i on, was by me 11 dul y swor n t o t est i f y t he t r ut h, t he whol e t r ut h, and not hi ng but t he t r ut h, and t hat t he wi t ness r eser ved t he 12 r i ght of si gnat ur e; 13 That I amnot a r el at i ve, empl oyee, at t or ney or counsel of any par t y t o t hi s act i on or r el at i ve or 14 empl oyee of any such at t or ney or counsel and t hat I am not f i nanci al l y i nt er est ed i n t he sai d act i on or t he 15 out come t her eof ; 16 That I amher ewi t h secur el y seal i ng t he sai d deposi t i on and pr ompt l y del i ver i ng t he same t o At t or ney 17 Howar d E. Bundy. 18 I N WI TNESS WHEREOF, I have her eunt o set my hand and af f i xed my of f i ci al seal t hi s 14t h day of 19 Sept ember , 2010. 20 21 22 Chr i st y Sheppar d, CCR, RPR Cer t i f i ed Cour t Repor t er i n and f or t he 23 St at e of Washi ngt on, r esi di ng at Buckl ey. 24 25 Exhibit A Page 3 of 3 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 9 of 29 OTC Markets Group Inc. OTC Pink Basic Disclosure Guidelines (v1.0 January 3, 2013) Page 1 of 6
OTC Pink Basic Disclosure Guidelines
1) Name of the issuer and its predecessors (if any)
In answering this item, please also provide any names used by predecessor entities in the past five years and the dates of the name changes.
Tytan Holdings, Inc. Ault Glazer & Co., Inc. until 10-2009 Remington-Hall Capital Corp. until 3-2008 Universal Fuels Co. until 2-1998 Universal Uranium.
2) Address of the issuers principal executive offices
Company Headquarters 5225 Meeker Drive Kalama, Washington 98625 Phone: (360) 673-2278 Email: TytanTractor@yahoo.com Website(s): www.TytanTractor.com
3) Security Information
Trading Symbol: TYTN Exact title and class of securities outstanding: Common Stock CUSIP: 902508 209 Par or Stated Value: .001 Total shares authorized: 43,333,333 as of: June 26, 2013 Total shares outstanding: 37,741,416 as of: June 26, 2013
Preferred share information (if necessary): Exact title and class of securities outstanding: Preferred Class A Shares CUSIP: N/A/ Par or Stated Value: .001 Total shares authorized: 1,000,000 as of: June 26, 2013 Total shares outstanding: 1,000,000 as of: June 26, 2013
Transfer Agent Name: Transfer Online 512 SE Salmon Street Portland, OR 97214 Phone: (503) 227-2950 Is the Transfer Agent registered under the Exchange Act?* Yes: No:
*To be included in the OTC Pink Current Information tier, the transfer agent must be registered under the Exchange Act.
List any restrictions on the transfer of security:
None except as required by law
Exhibit B Page 1 of 6 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 10 of 29 OTC Markets Group Inc. OTC Pink Basic Disclosure Guidelines (v1.0 January 3, 2013) Page 2 of 6
Describe any trading suspension orders issued by the SEC in the past 12 months.
None
Within the past year please list any past, pending or anticipated stock split, stock dividend, recapitalization, merger, acquisition, spin-off, or reorganization:
None
4) Issuance History
List below any events, in chronological order, that resulted in changes in total shares outstanding by the issuer in the past two fiscal years and any interim period. The list shall include all offerings of securities, whether private or public, and all shares or any other securities or options to acquire such securities issued for services, describing (1) the securities, (2) the persons or entities to whom such securities were issued and (3) the services provided by such persons or entities. The list shall indicate:
A. The nature of each offering (e.g., Securities Act Rule 504, intrastate, etc.);
The company has not issued any additional shares during the past two years
With respect to private offerings of securities, the list shall also indicate the identity of the persons who purchased securities in such private offering; provided, however, that in the event that any such person is an entity, the list shall also indicate (a) the identity of each natural person beneficially owning, directly or indirectly, more than ten percent (10%) of any class of equity securities of such entity and (b) to the extent not otherwise disclosed, the identity of each natural person who controlled or directed, directly or indirectly, the purchase of such securities for such entity.
5) Financial Statements
The Company has separately filed the following unaudited financial statements that are incorporated herein by reference on the same date as this report.
A. Balance sheet; B. Statement of income; C. Statement of cash flows; D. Financial notes; and E. Audit letter, if audited
The financial statements have been prepared in accordance with US GAAP.
Information contained in a Financial Report is considered current until the due date for the subsequent Financial Report. To remain in the OTC Pink Current Information tier, a company must post its Annual Report within 90 days from its fiscal year-end date and Quarterly Reports within 45 days of its fiscal quarter-end date.
6) Describe the Issuers Business, Products and Services
Describe the issuers business so a potential investor can clearly understand the company. In answering this item, please include the following:
A. a description of the issuers business operations;
On December 3, 2009, Tytan Holdings, Inc. completed acquisition of Tytan International, Inc., a tractor Company with exclusive manufacturing agreements in China. With the recent explosion of the Chinese automobile Industry, there has been a huge boom in tractor production quality. The Company intends to capitalize on this development by introducing a new line of products not yet seen in the U.S. or Canada. Tytan expects this high quality equipment to be competitive with what is currently available to the North American consumer of small tractors and implements. Exhibit B Page 2 of 6 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 11 of 29 OTC Markets Group Inc. OTC Pink Basic Disclosure Guidelines (v1.0 January 3, 2013) Page 3 of 6
Tytan Holdings, Inc acts as a holding company for its wholly owned subsidiary, Tytan International , Inc., the Company generates revenue through the sale of tractors and tractor implements. Tytan International, Inc.s products are in competition with several brands in the small to medium acreage market. The Company believes that its long standing customer and dealer relationships, quality equipment, affordable prices, and innovation are keys to the Companys competitive edge.
Tytan Holdings, Inc. does not deal directly in the manufacturing of any product and does not rely on sources and availability of raw materials or principal suppliers. Tytans wholly owned subsidiary, however, does rely on various sources of raw materials and a limited number of product suppliers in China. Tytan Holdings, Inc. and its subsidiaries have an expansive client base with no single or specific reliance on any particular investor or purchaser of the subsidiarys products.
All products imported by Tytan International, Inc. are cleared by the US Customs Office upon entry to the US. All engine meet and are certified for EPA Emission compliance and OSHA requirements before entry into the US market.
Tytan has certain proprietary designs that are patents approved by the United State Patent Office, United States Patent on a Wood Chipper and also for its United States Patent 4N1 Bucket for the tractor Front Loader.
B. Date and State (or Jurisdiction) of Incorporation:
June 18, 1975, Colorado
C. the issuers primary and secondary SIC Codes;
6719,
D. the issuers fiscal year end date;
Dec 31
E. principal products or services, and their markets;
Tytan Holdings, Inc acts as a holding company for its wholly owned subsidiary, Tytan International , Inc., the Company generates revenue through the sale of tractors and tractor implements. Tytan International, Inc.s products are in competition with several brands in the small to medium acreage market.
7) Describe the Issuers Facilities
The goal of this section is to provide a potential investor with a clear understanding of all assets, properties or facilities owned, used or leased by the issuer.
In responding to this item, please clearly describe the assets, properties or facilities of the issuer, give the location of the principal plants and other property of the issuer and describe the condition of the properties. If the issuer does not have complete ownership or control of the property (for example, if others also own the property or if there is a mortgage on the property), describe the limitations on the ownership.
If the issuer leases any assets, properties or facilities, clearly describe them as above and the terms of their leases.
Tytan Holdings, Inc. principal office location is at 5225 Meeker Drive, Kalama, Washington 98625. This location is also the Headquarters of Tytan International, Inc. The property is leased, and acts, not only as a corporate headquarters but, also as a retail dealership, inventory storage, service shop, parts department, shipping depot, and showroom. This location is clearly viewable to the high volume traffic of Interstate 5. Signage and inventory are clearly visible from both directions of the interstate highway. Tytan Holdings leases its facilities at 5225 Meeker Drive, Kalama, Exhibit B Page 3 of 6 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 12 of 29 OTC Markets Group Inc. OTC Pink Basic Disclosure Guidelines (v1.0 January 3, 2013) Page 4 of 6
WA 98625 from Mark Leonard, its President, under a triple net lease for $4,000.00 per month. The term of the lease is for 4 years, and ends on June 30, 2015 with an option to renew. Leonard received no rent payments from the Company in 2012.
8) Officers, Directors, and Control Persons
The goal of this section is to provide an investor with a clear understanding of the identity of all the persons or entities that are involved in managing, controlling or advising the operations, business development and disclosure of the issuer, as well as the identity of any significant shareholders.
A. Names of Officers, Directors, and Control Persons. In responding to this item, please provide the names of each of the issuers executive officers, directors, general partners and control persons (control persons are beneficial owners of more than five percent (5%) of any class of the issuers equity securities), as of the date of this information statement.
Mark Leonard President and Chairman of the Board
B. Legal/Disciplinary History. Please identify whether any of the foregoing persons have, in the last five years, been the subject of:
1. A conviction in a criminal proceeding or named as a defendant in a pending criminal proceeding (excluding traffic violations and other minor offenses);
None
2. The entry of an order, judgment, or decree, not subsequently reversed, suspended or vacated, by a court of competent jurisdiction that permanently or temporarily enjoined, barred, suspended or otherwise limited such persons involvement in any type of business, securities, commodities, or banking activities;
None
3. A finding or judgment by a court of competent jurisdiction (in a civil action), the Securities and Exchange Commission, the Commodity Futures Trading Commission, or a state securities regulator of a violation of federal or state securities or commodities law, which finding or judgment has not been reversed, suspended, or vacated; or
None
4. The entry of an order by a self-regulatory organization that permanently or temporarily barred suspended or otherwise limited such persons involvement in any type of business or securities activities.
None
C. Beneficial Shareholders. Provide a list of the name, address and shareholdings or the percentage of shares owned by all persons beneficially owning more than ten percent (10%) of any class of the issuers equity securities. If any of the beneficial shareholders are corporate shareholders, provide the name and address of the person(s) owning or controlling such corporate shareholders and the resident agents of the corporate shareholders.
a. Mark Leonard, CEO 500,000 Shares Series A Exhibit B Page 4 of 6 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 13 of 29 OTC Markets Group Inc. OTC Pink Basic Disclosure Guidelines (v1.0 January 3, 2013) Page 5 of 6
b. Holly A. King 50,000 Shares Series A c. Heather S. Mockovak 50,000 Shares Series A d. Pam Copen 200,000 Shares Series B e. Paul Stringer 200,000 Shares Series B
9) Third Party Providers
Please provide the name, address, telephone number, and email address of each of the following outside providers that advise your company on matters relating to operations, business development and disclosure:
Legal Counsel Jonathan D. Leinwand, P.A. 200 S. Andrews Ave. Suite 703B Fort Lauderdale, FL 33301 Tel (954) 903-7856 Fax (954) 252-4265
Exhibit B Page 5 of 6 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 14 of 29 OTC Markets Group Inc. OTC Pink Basic Disclosure Guidelines (v1.0 January 3, 2013) Page 6 of 6
10) Issuer Certification
The issuer shall include certifications by the chief executive officer and chief financial officer of the issuer (or any other persons with different titles, but having the same responsibilities).
The certifications shall follow the format below:
I, Mark Leonard, CEO certify that:
1. I have reviewed this annual disclosure statement of Tytan Holdings, Inc.;
2. Based on my knowledge, this disclosure statement does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this disclosure statement; and
3. Based on my knowledge, the financial statements, and other financial information included or incorporated by reference in this disclosure statement, fairly present in all material respects the financial condition, results of operations and cash flows of the issuer as of, and for, the periods presented in this disclosure statement.
June 27, 2013
/s/ Mark Leonard, CEO
/s/ Mark Leonard, CFO
Exhibit B Page 6 of 6 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 15 of 29 Ater Recording Return To: Mark Leonard P.O. Box 1249 Kalama, WA 98625 3478590 OA 126/2013 12:48:30 PM Pages: 3 Declaration Of Homestead FP~ITq BALDMIN 74. 0 Cowlitz County Washington Illffll fHlll III ICI 1111111 II~II III nll IIIII Inn III~II III IIIII INII IU D IIII IIII DECLARATION OF HOMESTEAD I, Mark Leonard, declare under p enalty of p erj ury under the laws of the State of Washington as follows: A. That I am the owner of the b uilding and real p rop erty located at 5225 Meeker Driv e, Kalama, and Cowlitz County, WA 98625 and intend to reside thereon and claim the b uilding and real p rop erty thereon as my homestead. B. The legal descrip tion of the p remises is: See exhib it "A" attached hereto and b y this reference incorp orated herein C. The estimated actual cash v alue of the p rop erty is $ ~~~ ~ SIGNED AND DATED in 9Ck ~4.ftt~t , Washington this d~ day of 2013. Mark Leonard Declaration oj llomestead, Page !af2 Exhibit C Page 1 of 3 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 16 of 29 3478590 04/26/2Q13 12:48:30 PM 2 of 3 HMSTD ANITi4 BALDWIN C ow l it z C ount y, WA STATE OF WASHINGTON ) s s . C OUNTY OF C ~VJLITZ ) ON THIS DAX p e r s ona l l y a p p e a r e d b e for e me Ma r k Le ona r d , t o me know n t o b e t h e ind iv id ua l d e s c r ib e d in t h e for e g oing ins t r ume nt , a nd a c know l e d g e d t o me il ia t h e s ig ne d t h e s a me a s h is fr e e a nd v ol unt a r y a c t a nd d e e d for t h e us e s a nd p ur p os e s me nt ione d t h e r e in. GIVEN und e r my h a nd a nd offic ia l s e a l t h is (, d a y of ~,;,_ , 2013. SUE Sg ,,gJ ~`Sg t iON F~ ' Q~ U NOTARY ~' PUBLIC ~9~ qy 10 ~ ,6 ~'F w e c t l ~~ De c l a r a t ion ojNome s t e a d , Pa g e 2 of 2 ~T~~~ NOTARY PUBLIC m t t nd for t h e St a t e of Wa s h ing t on, r e s id ing a t /(~} v ks ,r . A- My c ommis s ion e x p ir e s : ~'- ~c ~ - l (e Exhibit C Page 2 of 3 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 17 of 29 3478590 04/26/2013 12:48:30 PM 3 of 3 Cowlitz County, WA HMSTD ANITA BALDWIN Pa r c e l 1: A p or tion of th a Ja me s Roc ke y Dona tion La nd Cia fm in Se c t( on 8, 7ownsh lp 8 h for th , Ra nge t We st of th e n Willa me tte Me r idia n de sc r ib e d a s follows: 8sginning a t th e se c tion c ome r c ommon to Se c tions 5,8,7, a nd S In sold Tt~ wnsh ip a nd Ra nge ; Th e nc s Nor th 59 15' DO We st a dista nc e of 492. 2 te a t to a p oint on th e c e nte r fine of O ld PQ~ ic H( gh wa y; Th e nc e South 17 25' i 1' We st a dista nc e of 2~ i. t3 fe e t to a fa int on th e e a c tf~ on line b e twe e n Se c tloi~ s 6 a nd 7; Th e r tc a h lor th b 5 45' 12" We st a dista nc e of 957. 66 fe e t, Th e nc e Nor th 88 24' S3" We st a dlsta na e of g28. 19 fa st: Th e c a Nor th 1~ 23' S3" Wsst a dista nc e of X 80. 38 fe a t; Th e nc e Souta r 88 24' b 3" E a st a dista nc e of 221. 64 fle e t to th ~ tr ua p oint of b e ginning; Th e nc e h la tth 39 40' ~ 3. We st a dista nc e of 450. 48 ie a t: Th e nc e Soufh 73 33' S6" We st a dista nc e of 28' ,28 fe e l to th e E a st line of tfia r igh t of wa y of Ir nsr sta te High wa y No. 6 v ~ ic h p oint sfia lt b e . known a s p oint "A` ; Th e nc e Nor th we ste r ly a long sold E a st Ifne to a n ir ~ te r se c tlon wfth th e South we ste r ly r igh t of wa y sine of O fd Pa c ific High wa y; Th e nc e South e a ste r ly a long th e South wa ste r ( y r igh t of wa y line of ~ 1d F a dfic Hl~ h wa y to a p oint wh ic h is due E a si of th e tr ue p oint of b e ginning; Th e nc e We st a dista nc e of 191 fe e t mor e or le ss to th e tr ue p oint of b e ginn( ng. E x c e p t th a t p or 7b n c onv e ye d unde r Auditor ' s F IIe No, 90082y027. Pa r c e l 2: A V a st of la nd { oc a fe d with in ih a Ja me s Roc ke y Dona tion La nd Cia lm 1n Se c tion 6, Townsh ip 6 Nor th , Ra nge i We st of th e 1Nllla me tte Me r ld( a n mor e p a r tic uta r fy de sc r ib e d a s fflllows: Be glnnin~ a t th e sa lon c or ne r c ommon to Se c tions 5,8,7, a nd 8. Townsh ip 6 Nor th , Ra nge 1 We st of th e Willa me tte Me r idia n; Th e nc e Nor th 59 15' 00" We st ~ dista nc e of 492. 20 fe e t to a p a int on th e c sc r te r l~ ne of th e O ld Pa ~ c ffic High wa y; Th e nc e . South 17 25' 1 t" We st a dista nc e of 251. 13 fe a t to a n Ir on p ip e on th e se c tion Ifne b e twe e n Se c tion 6 a nd 7; Th e nc e Nor th b 5 45' ~ 2 We st a dista nc e of 951. 65 fe e t to a n Ir on p ip e wh ic h is a p r op e r ty c ome r of la nd sa ki to Mr . J. Ada ms: Th e nc e . Nor th . 86 24' 53" We st a dista nc e of 428. 18 fe e t; Th e nc e Nor th 13 23' S3' We sk a dlsia nc e a t 464. 38 ia e t to th e tr ue p oint of b e gfnn{ n~ : Th e nc e South 88 24' S3" E a st a dista nc e of 227. 64 fe e t; Th e nc e Nor th 39' 40' 53 We sf a dista nc e of X 49. 93 fe e t to th e South e a st c or ne r of a tr a c t of Ia nd de sc r ih a d ( n Auditor ' s F ile No. 8i 1028032: Th e nc e South 65 51' 29" We si 118. 90 fe e t to th e E a ste r ly r igh t of wa y 1( ne of 1- 5; Th e noe a ( a ng sold 1- 5 r igh t of wa y Ifne South e a ste r ly in th e tNe p olr r t of b e ginn( ng. Situa te 1n th e County of Cowlitz, S1a ta of Wa sh tngton E X HIBIT "A" Exhibit C Page 3 of 3 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 18 of 29 Exhibit D Page 1 of 11 1 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF COWLITZ 9 COWLITZ BANK, a Washington chartered commercial banle, 10 Plaintiff, 11 vs. 12 MARK LEONARD and SERENA 13 LEONARD, husband and wife, 14 Defendant. 15 Case No. 09-2-02188-1 PLAINTIFF'S MOTION TO WITHDRAW WRIT OF EXECUTION AND CANCEL SHERIFF'S SALE 16 The Federal Deposit Insurance Corporation as Receiver ("FDIC-R") for 17 plaintiff Cowlitz Banle ("Plaintiff') moves this court to withdraw its Writ of Execution issued 18 by this Court on April 25, 2013 directing the Cowlitz County Sheriff to satisfy Plaintiffs 19 judgment against defendant Mark Leonard ("Leonard") out of real property owned by 20 Leonard located at 5225 Meeker Drive in Kalama, WA 98625 and to order the cancellation 21 of the sale currently scheduled for June 14,2013. 22 This motion is supported by the following points and authorities and the PLAINTIFF'S MOTION TO WITHDRAW WRIT AND CANCEL SALE Page 1 of5 689371 BLACK HELTERLINE LLP 805 SW Broadway, Ste. 1900 Portland, OR 97205 (503) 224-5560 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 19 of 29 Exhibit D Page 2 of 11 1 declaration of Ronald T. Adams, filed herewith. 2 FACTS 3 On April 25, 2013, this Court issued a Writ of Execution directing the Cowlitz 4 County Sheriff to satisfy Plaintiff s judgment against Leonard out of real property owned by 5 Leonard located at 5225 Meeker Drive in Kalama, WA 98625. 6 On April 30, 2013, the issued Writ of Execution was delivered to the Cowlitz 7 County Sheriffs office with a letter of instruction and the necessary fees to begin the process 8 for the Sheriffs sale. On May 8, 2013, the Sheriffs office provided notice of the sale to the 9 judgment debtor, Leonard. Service of the notice by mailing and posting was completed by 10 the Sheriffs office on the same day. Service of the notice by mailing was also completed on 11 May 9, 2013 by the judgment creditor's counsel as required by RCW 6.21.030(1). 12 The Sheriffs sale is currently scheduled for June 14,2013 at 10:00 am. 13 On May 24,2013, Leonard filed a late Proof of Claim with the FDIC-R 14 ("Claim"). The Claim form provides: "The penalty for knowingly making or inviting 15 reliance on a false, forged, or counterfeit statement, document, or thing for the purpose of 16 influencing in any way the action of the Federal Deposit Insurance Corporation is a fine of 17 not more than $1,000,000 or imprisonment for not more than 30 years or both (18 U.S.C. 18 Section 1007)." Thereafter, in the Claim, Mr. Leonard states: 19 "The recent FDIC posting in Cowlitz County (Affidavit of Mailing and posting) was filed on 5/9/2013. * * *Totally 20 untrue, as are the charges listed in Adam's documents that Mark Leonard has been uncooperative or that the Kalama 21 facility is not a home dwelling per the Homestead Act etc." 22 (emphasis added) PLAINTIFF'S MOTION TO WITHDRAW WRIT AND CANCEL SALE Page 2 of5 689371 BLACK HELTERLINE LLP 805 SW Broadway, Ste. 1900 Portland, OR 97205 (503) 2245560 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 20 of 29 Exhibit D Page 3 of 11 1 2 A. 3 POINTS AND AUTHORITIES Relevant Law RCW 6.13.040 automatically exempts up to $125,000 from the execution sale 4 of a homestead property described in RCW 6.13.010. The basic homestead definition is "real 5 or personal property the owner uses as a residence." RCW 6.13.010(1). Properties which are 6 exempted from a homestead claim under RCW 6.13.080 do not exclude commercial 7 warehouse properties, leaving open the possibility that an owner could homestead a 8 warehouse property. Because ofthe automatic nature of a homestead claim, it is necessary to 9 contest the claim as provided by RCW 6.13.070(2). 10 B. Analysis 11 Until the FDIC-R can determine if the property can be claimed as a homestead 12 by Leonard, and if so, whether the value of the property exceeds the homestead exemption of 13 $125,000, the FDIC-R does not wish to force the sale of the property used by Tytan 14 International, Inc. as its business. 15 16 17 18 19 20 21 22 CONCLUSION For the reasons set forth above, Plaintiff requests that the court grant its PLAINTIFF'S MOTION TO WITHDRAW WRIT AND CANCEL SALE Page 3 of5 689371 BLACK HELTERLINE LLP 805 SW Broadway, Ste. 1900 Portland, OR 97205 (503) 224-5560 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 21 of 29 Exhibit D Page 4 of 11 1 motion and withdraw the Writ of Execution issued April 25, 2013 and the cancel the sale 2 currently scheduled for June 14,2013. 3 DATED this (OP- day of June, 2013. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 BLACK HELTERLINE LLP ~ J ~ / l ' fJ1'( ----=-"JA L_ ~ By: J ~ d v l.C{)I-e) , CYVVv Ronald T. Adams, WSBA No. 36013 rta@bhlaw.com Fax: (503) 224-6148 Of Attorneys for FDIC as Receiver for Plaintiff Cowlitz Bank PLAINTIFF'S MOTION TO WITHDRAW WRIT AND CANCEL SALE Page 4 of5 689371 BLACK HELTERLINE LLP 805 SW Broadway, Ste. 1900 Portland, OR 97205 (503) 224"5560 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 22 of 29 Exhibit D Page 5 of 11 1 CERTIFICATE OF SERVICE 2 I hereby certify that I served a true and correct copy of the foregoing 3 PLAINTIFF'S MOTION TO WITHDRAW WRIT OF EXECUTION AND CANCEL 4 SHERIFF'S SALE, DECLARATION OF RONALD T. ADAMS IN SUPPORT, and 5 proposed ORDER upon: 6 Mark Leonard 160 Horseshoe Bend Estates 7 Kelso, WA 98626 8 Mark Leonard P.O. Box 1249 9 Kalama, WA 98625 10 by mailing a true copy thereof in a sealed, first-class postage prepaid envelope, addressed to said attorneys' addresses as shown above and deposited in the United 11 States Mail at Portland, Oregon on the date set forth below. 12 D by causing a true copy thereof to be hand-delivered to said attorneys' addresses as shown above on the date set forth below. 13 D by sending a true copy thereof via overnight courier in a sealed, prepaid 14 envelope, addressed to said attorneys' address as shown above on the date set forth below. 15 D by faxing a true copy thereof to said attorneys' facsimile numbers as shown above on the date set forth below. 16 17 18 Dby sending a true copy thereof via electronic mail to said attorneys' addresses as shown above on the date set forth below. DATED this ({5 7 lr;;y"of June, 2013. 20 21 22 19 BLACK HELTERLINE LLP , .. ,..... By: I Ronald T. Adams, WSBA No. 36013 rta@bhlaw.com Of Attorneys for FDIC as Receiver for Plaintiff Cowlitz Bank PLAINTIFF'S MOTION TO WITHDRAW WRIT AND CANCEL SALE Page 5 of5 689371 BLACK HELTERLINE LLP 805 SW Broadway, Sle, 1900 Portland, OR 97205 (503) 224-5560 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 23 of 29 Exhibit D Page 6 of 11 1 2 3 4 5 6 7 8 9 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF COWLITZ 10 COWLITZ BANK, a Washington chartered commercial banle, 11 Plaintiff, 12 vs. 13 MARK LEONARD and SERENA 14 LEONARD, husband and wife, Case No. 09-2-02188-1 DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO WITHDRAW WRIT OF EXECUTION AND CANCEL SHERIFF'S SALE 15 16 Defendant. 17 State of Oregon ) ) ss. 18 County of Multnomah ) 19 20 1. I, Ronald T. Adams, being first duly sworn, depose and say: On Apri125, 2013, this Court issued a Writ of Execution directing the Cowlitz 21 County Sheriff to satisfy Plaintiff s judgment against defendant Mark Leonard ("Leonard") 22 out of real property owned by Leonard located at 5225 Meeker Drive in Kalama, WA 98625. DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO WITHDRAW WRIT AND CANCEL SALE Page 1 of 2 689378 BLACK HELTERLINE LLP 805 SW Broadway, Ste. 1900 Portland, OR 97205 (503) 224-5560 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 24 of 29 Exhibit D Page 7 of 11 1 2. On April 30, 2013, the issued Writ of Execution was delivered to the Cowlitz 2 County Sheriff s office with a letter of instruction and the necessary fees to begin the process 3 for the Sheriff s sale. 4 3. On May 8, 2013, the Sheriffs office provided notice of the shale to the 5 judgment debtor. Service of the notice by mailing and posting was completed by the Sheriffs 6 office on the same day. Service of the notice by mailing was also completed on May 9,2013 7 by the judgment creditor's counsel as required by RCW 6.21.030(1). 8 9 4. 5. The Sheriffs sale is currently schedule for June 14, 2013 at 10:00 am. On May 24,2013, Leonard filed a late Proof of Claim with the FDIC alleging 10 that the real property located at 5225 Meeker Drive in Kalama, WA 98625 was a "home 11 dwelling per the Homestead Act." A copy of the cover page and page 8 of the Proof of Claim 12 is attached as Exhibit A. 13 I HEREBY DECLARE THAT THE ABOVE STATEMENTS ARE TRUE 14 TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND THAT I UNDERSTAND IT 15 IS MADE FOR USE AS EVIDENCE IN COURT AND IS SUBJECT TO PENALTY FOR 16 PERJURY. 17 18 19 20 21 22 / ..-17
DATED this day of June, 2013.
Ronald T. Adams DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO WITHDRAW WRIT AND CANCEL SALE Page 2 of2 689378 BLACK HELTERLINE LLP 805 SW Broadway, Ste, 1900 Portland, OR 97205 (503) 2245560 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 25 of 29 Exhibit D Page 8 of 11 Claimant ID: NS1027501091, Barcode Value: FD00118456, Fund: 10275 Federal Deposit Insurance Corporation as Receiver for The Cowlitz Bank, Longview, WA PROOF OF CLAIM REDACTED 1. SSNffax 10 No. 2, The undersigned !1a.r k L--eQ\I\Q.t'J (Name of person completing tile Proof of Claim) hereby states that the subject Financial Institution, now In:liquldatlQn ("Failed Institution"), Is Indebted 3. to lYle.. (j\ r",f-er Vl Q:D/1\ {I.. f I Tn (, , (the 'Claimant") In the sum of (Name of Claimant) 4. $ / \ S- WIll/;0 VI 5. Description of Claim 8. FIRM 9. ADDRESS (CltY,Stale, and ',ZIP Code) 10, TELEPHONE NUMBER(S) The penalty for knoWingly making or InViting reliance on a false, forged, or counterfeit statement, document, or thing for the purpose of Influencing In any way the action of the Federal Deposit Insurance Corporation Is afine of not more than $1,000,000 or Imprisonment for not more than 30 years or both (18 U.SiC. Secllon 1007), IMPORTANT NOTE: The bar code at the top of this Proof of Claim Is unique to this claim and may not be re-used for other claims which you may have or by other potential claimants, If you 'have other unrelated claims, you must file a separate Proof of Claim with Its own unique bar code. Additional Proof of Claim forms may be found on the FDIC web slta or obtained by mall at the respective addresses Indicated In the Instructions, Reuse of this Proof of Claim may result In processing delays or the rejection of your olaim. PRIVACY ACTS'f.ATEMENT The FDIC Is authorized to request this Information from you by 12 U,S,C, 1819, 1821, and l:!xecutlve Order 9397, The purpose for collecting the Information Is 10 support the administration of claims against the failed financial Institutlon,Furnlshlng the requested information Is voluntary, but failure to provide the requested Information In whole or In part may delay or prohibit the processing of your claim, The Information prOVided by Individuals is protaeted by the Privacy Act, 6 USC 562(a). The Information may be furnished to third parties as authorized by law or used according to any of the routine uses described In the FDIC Insured Financial Institution Liquidation Records (3064-0013) System of Records. This System of Records Is available for review at www,fdlc.govlregulatlonsllawslrulesl2000 If you have questions or ooncerns about the collecllon or use of the Information, you may contact the FDIC's Chief Privacy Officer at Pr!vaoy@fdlc.gev, FDIC 7200/19 (12-12) Exhibit A Page 1 of 2 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 26 of 29 Exhibit D Page 9 of 11 REDACTED The recent FDIC posting in Cowlitz County (Affidavit of Mailing and posting) was filed on 5/9/2013. It was on the Ihub talkforum posting same day under the posters alias name of "Anvil" ho added his bias conclusions. It has nowbeen removed. Tytan still has never beensent that document! Furthermore that document says that Mark Leonard is his own attorney and has not hadlegal counsel since Wes Johnson handled the case. Atty Adams has had numerous correspondences with Michael Long and Matt Anderson. Totally untrue, as are the charges listed in Adam's documents that Mark Leonard has been uncooperative or that the Kalama facility is not a home dwelling per the Homestead Act etc. REDACTED Exhibit A Page 2 of2 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 27 of 29 Exhibit D Page 10 of 11 1 2 3 4 5 6 7 8 9 ENDORSED FILED SUPERIOR COURT JUN 10 2013 COWLITZ COUNTY BEVERLY RLITTLE, Clerk SUPERIOR COURT OF WASHINGTON FOR COWLITZ COUNTY 10 COWLITZ BANK, a Washington chartered commercial bank, 11 Plaintiff, 12 vs. 13 MARK LEONARD and SERENA 14 LEONARD, husband and wife, Case No. 09-2-02188-1
ORDER GRANTING MOTION TO WITHDRAW WRIT OF EXECUTION AND TO CANCEL SHERIFF'S SALE 15 16 17 Defendant. The Court having CONSIDERED the Motion to Withdraw Writ of Execution 18 and Cancel Sale filed herein by the Federal Deposit Insurance Corporation as Receiver for 19 Cowlitz Banle dba Bay Banlc, and it appearing that the FDIC as Receiver's Motion is well- 20 taken in light of the undisputed facts presented to this Court, 21 22 ORDER GRANTING MOTION TO WITHDRAW WRIT AND CANCEL SALE Page 1 689383 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 28 of 29 Exhibit D Page 11 of 11 1 IT IS HEREBY ORDERED that the Federal Deposit Insurance Corporation as 2 Receiver for Cowlitz Bank's Motion to Withdraw Writ of Execution and Cancel Sale is 3 GRANTED, that the Writ of Execution is withdrawn, and that the sale scheduled for June 14, 4 2013 at 10: 00, or any postponement of such sale, is cancelled. 5 6 7 8 9 10 Submitted by: DATED this::L day 2013. MICHAEL H.EVANS Superior Court Judge 13 15 12 11 BLACK HELTERLINE LLP
By:J", 0\ ) Ronald T. Adams, WSBA No. 36013 14 rta@bhlaw.com Fax: (503) 224-6148 Of Attorneys for FDIC as Receiver for Plaintiff Cowlitz Bank 16 17 18 19 20 21 22 ORDER GRANTING MOTION TO WITHDRAW WRIT AND CANCEL SALE Page 2 689383 Case 13-43836-PBS Doc 27 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 29 of 29
BLACK HELTERLINE LLP 805 SW Broadway, Ste. 1900 Portland, OR 97205 (503) 224-5560 Page 1 of 2 NOTICE OF OBJ ECTION TO EXEMPTIONS AND HEARING 737571 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The Hon. Paul B. Snyder Chapter 7 Federal Building 500 W. 12 th Street, 2 nd Floor Vancouver, Washington 98660 Hearing Date: October 1, 2013 Hearing Time: 9:00am Response Date: September 24, 2013
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
In re
Mark A. Leonard,
Debtor.
Case No. 13-43836-PBS
NOTICE OF OBJ ECTION TO EXEMPTIONS AND HEARING THEREON
The Federal Deposit Insurance Corporation, as Receiver for Cowlitz bank has filed an Objection to Exemptions. PLEASE TAKE NOTICE THAT THE HEARING IS SET as follows: J UDGE: Paul B. Snyder TIME: 9:00 am
PLACE: Vancouver, WA DATE: October 1, 2013
IF YOU OPPOSE the Motion, you must file your written response with the Court Clerk, serve two (2) copies on the J udges chambers, and deliver copies to the Case 13-43836-PBS Doc 27-1 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 1 of 3
BLACK HELTERLINE LLP 805 SW Broadway, Ste. 1900 Portland, OR 97205 (503) 224-5560 Page 2 of 2 NOTICE OF OBJ ECTION TO EXEMPTIONS AND HEARING 737571 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 undersigned at the Black Helterline LLP law firm NOT LATER THAN THE RESPONSE DATE, which is September 24, 2013. IF NO RESPONSE IS TIMELY FILED AND SERVED, the Court may, in its discretion, GRANT THE MOTION PRIOR TO THE HEARING, WITHOUT FURTHER NOTICE, and strike the hearing. DATED this 29 th day of August, 2013. BLACK HELTERLINE LLP
By: /s/ Britta E. Warren Ronald T. Adams, WSBA No. 36013 rta@bhlaw.com Britta E. Warren, WSBA No. 43329 bew@bhlaw.com Fax: (503) 224-6148 Of Attorneys for Federal Deposit Insurance Corporation as Receiver for Cowlitz Bank Case 13-43836-PBS Doc 27-1 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 2 of 3
BLACK HELTERLINE LLP 805 SW Broadway, Ste. 1900 Portland, OR 97205 (503) 224-5560 CERTIFICATE OF SERVICE 737571 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing NOTICE OF OBJ ECTION TO EXEMPTIONS AND HEARING THEREON upon: Mark A. Leonard PO Box 1249 Kalama, WA 98625 Debtor GMAC Mortgage, LLC ATTN: Bankruptcy Department 1100 Virginia Dr. Fort Washington, PA 19034 Special Notice Request McCarthy &Holthus, LLP 19735 10th Ave. NE, Ste. N200 Poulsbo, WA 98370 Special Notice Request
by mailing a true copy thereof in a sealed, first-class postage prepaid envelope, to said addresses as shown above and deposited in the United States Mail at Portland, Oregon on the date set forth below.
And upon:
Russell D. Garrett russ.garrett@jordanramis.com Chapter 7 Trustee Robert C. Brungardt evelyn638@yahoo.com Debtors Attorney
US Trustees Office USTPREGION18.SE.ECT@usdoj.gov US Trustee
by electronic notification via the Courts ECF system.
DATED this 29 th day of August, 2013. BLACK HELTERLINE LLP
By: /s/ Britta E. Warren Ronald T. Adams, WSBA No. 36013 rta@bhlaw.com Britta E. Warren, WSBA No. 43329 bew@bhlaw.com Fax: (503) 224-6148 Of Attorneys for Federal Deposit Insurance Corporation as Receiver for Cowlitz Bank Case 13-43836-PBS Doc 27-1 Filed 08/29/13 Ent. 08/29/13 17:26:07 Pg. 3 of 3