@ ORIGINAL @ ‘Special Verdict Form - Breach of Guaranty — SCC Guarantve it ED Instruction No 39 SUPER Rarer ORNS We answer the questions submitted to us as follows: bailar JUN Sree 1. Did SCC enter into a written guaranty contract? ALAN CARLSON, cml fA x Yes No BYR. TURNBR-MITAN! Pursuant to the parties’ stipulation, you are instructed to answer “Yes” to this question and proceed to question 2. 2. Did Fillmore Sun, LLC default under the loan made to Fillmore Sun, LLC by CPB by failing to repay the loan? X_Yes No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. Did SCC fail to perform under the written guaranty contract by failing to pay Gray the amounts currently due and payable under the loan made to Fillmore Sun, LLC? —K_Yes No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 4. Did Gray1 suffer damages as a result of SCC’s failure to perform under the written guaranty contract by failing to pay Gray! the amounts currently due and payable under the loan made to Fillmore Sun, LLC? X_Yes No If your answer to question 4 is yes, then answer question 5. If you answered no to. question 4, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. Whatare Gray1’s damages as measured by the amount due and payable under the loan? TOTAL § FA \GS_AUS- 22 + Per Diem %7,606.43/) PAY Starting ‘i Dune 1, Delo: Signed: LELL . cua Presiding Juror wesa220s8840.1Special Verdict Form ~ Breach of Guaranty ~ SCC Guaranty Instruction No 39 Dated: Sane 25, 2el0 After all verdict forms have been signed, deliver this verdict form to the bailiff. WesT220see19.1Special Verdict Form — Breach of Guaranty — Elieff Guaranty Instruction No 40. We answer the questions submitted to us as follows: 1. WESTI2058449.1 Did Elieff enter into a written guaranty contract? _X_Yes No Pursuant to the parties’ stipulation, you are instructed to answer “Yes” to this question and proceed to question 2. Did Fillmore Sun, LLC default under the loan made to Fillmore Sun, LLC by CPB by failing to repay the loan? X_Yes No if your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did any of the following events occur: (a) Did SCC become insolvent at any point since August 24, 2005? The term “insolvent” means a financial condition such that the sum of SCC’s debts is greater than all of SCC’s property at a fair valuation. Yes __X No Go on to question 3(b). (b) Did SCC have any court take jurisdiction of it's property, or any part thereof, in any voluntary or involuntary proceeding, dissolution, or liquidation, and such jurisdiction not relinquished, vacated, or stayed within sixty (60) calendar days after the appointment? X_Yes No Go on to question 3(c). {c) During any period of time from and after August 24, 2005, did SCC fail to. maintain Liquidity (as defined in paragraph 4.22.2 of Trial Exhibit 41) of at least $6,000,000.00, measured semi-annually as of June 30 and December ‘31 of each calendar year? X_Yes NoSpecial Verdict Form - Breach of Guaranty — Elieff Guaranty Instruction No 40 WesT220sa849.1 Go on to question 3(d). (d) During any period of time from and after August 24, 2005, did SCC fail to maintain Tangible Net Worth (as defined in paragraph 4.22.2 of Trial Exhibit 41) of at least $40,000,000.00, measured annually as of December 31 of each calendar year? _K_Yes No Go on to question 3(¢). {e) Did Fillmore Sun, LLC fail to deliver or cause SCC to deliver within ninety (90) days after June 30, 2008 internally prepared June 30, 2008 Financi statements and Elieff not remedy the failure to comply with this requirement within twenty (20) calendar days of written notice from the holder of the loan? X_Yes No Go on to question 3(f). {f) Did Fillmore Sun, LLC fail to deliver or cause SCC to deliver within one hundred eighty (180) days after December 31, 2007 annual 2007 Financial Statements, audited and prepared by an independent certified public accountant acceptable to the holder of the loan, and Elieff not remedy the re to comply with this requirements within twenty (20) calendar days of written notice from the holder of the loan? X_Yes No Ifyou answered yes in response to any of 3(a) through 3(f) above, then answer question 4. If you answered no in response to all 3(a) through 3(f) above, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Elieff fail to perform under the written guaranty contract by failing to pay Gray1 the amounts currently due and payable under the loan made to Fillmore Sun, LLC? Xx _Yes No If your answer to question 4 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.Special Verdict Form — Breach of Guaranty — Elieff Guaranty Instruction No 40 5. Did Gray1 suffer damages as a result of Elieff's failure to perform under the written guaranty contract by failing to pay Gray’ the amounts currently due and payable under the loan made to Fillmore Sun, LLC? XK Yes No If your answer to question 5 is yes, then answer question 6. If you answered no to question 5, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. What are Gray1’s damages as measured by the amount due and payable under the loan? TOTAL $_A AGS 4OS-27 + Per Diem $2,606.43 /O*7 « Sedna i 1, 2elo- Signed: L of YER ead Presiding Juror Dated: Sune 23, ZctO After all verdict forms have been signed, deliver this verdict form to the bailiff. Wesra20sssi9.1Special Verdict Form ~ Breach of Guaranty— SCC Guaranty Affirmative Defense—Sham Guaranty Instruction No 44 We answer the questions submitted to us as follows: 1. Was SCC the originally proposed borrower under the loan? Yes X_No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Was the transaction restructured by Central Pacific Bank so that SCC, the originally proposed borrower, became a guarantor? Yes No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. In doing 1 and 2, did CPB intend to circumvent antideficiency laws? Yes No Signed: ugh bLA Pregiding Juror Dated: Sune 23, Zelo After all verdict forms have been signed, deliver this verdict form to the bailiff. wesr220s8846,1Special Verdict Form — Breach of Guaranty— Elieff Guaranty Affirmative Defense—Sham Guaranty Instruction No 42 We answer the questions submitted to us as follows: 4. Was Bruce Elieff the originally proposed borrower under the loan? Yes __X No If your answer to question 4 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Was the transaction restructured by Central Pacific Bank so that Mr. Elieff, the originally proposed borrower, became a guarantor? Yes No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. In doing 1 and 2, did CPB intend to circumvent antideficiency laws? Signed: Pregiding Juror Dated: __ Sune 23 Zc\0 After all verdict forms have been signed, deliver this verdict form to the bailiff. wesTw20ss849.1