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R. Leonard, C.S.R., Inc. Certified Shorthand Reporters 818.995.2449 SHEET 32 PAGE 125 PAGE 127 1 TO THAT HE WAIVED IT BY VOLUNTARILY DISCUSSING PART OF 1 SIGN THIS EXHIBIT 7 ON OR ABOUT SEPTEMBER 20TH, 2010? 2 THAT CONVERSATION THAT RACHEL PRODUCED THE DOCUMENTS, SO 09:45:13 2 A N0, 3 ANY PRIVILEGE WOULD OTHERWISE BE WAIVED. 09:45:13 3 Q AND DID YOU EVER DISCUSS EXHIBIT 7 WITH 09:45:13 4 MR. BISNO: I DISAGREE AND MY INSTRUCTION STANDS. 4 MR, DALESANDRD PRIOR TO YOUR SIGNING IT ON OR ABOUT 09:45:13 5 THE WITNESS; I RECALL TELLING RACHEL TO PRODUCE 5 SEPTEMBER 20TH, 2010? 6 THE DOCUMENTS AS REQUIRED IN THE SUBPOENA. 09:45:13 6 A LIKELY. 09:45:13 7 Q BY MR. RUBINER: WHEN DID YOU TELL RACHEL THAT? 09:45:13 7 Q WHEN WAS THE FIRST TIME YOU DISCUSSED EXHIBIT 7 D9:45:13 8 MR. BISNO: OBJECTION TO THE EXTENT AS I HAD 8 WITH MR. UALESANDRO? 9 EARLIER ADVISED YOU THAT ANSWERING THE QUESTION WLL 09:45:13 9 A I HAVE NO DEFINITIVE RECOLLECTION OF A SPECIFIC 10 CAUSE YOU TO REPORT SPOUSAL COMMUNICATIONS. 10 CONVERSATION. 09:45:13 li THE WITNESS: I DON'T RECALL. 09:45:13 Il Q HOW MANY CONVERSATIONS DO YOU BELIEVE YOU HAD 09:45:13 12 MR. RUBINER; LET'S TAKE A FIVE-MINUTE BREAX. 12 WITH MR. DALESANDRD ABOUT EXHIBIT 7? 09:15:13 13 THE VIDEOGRAPHER: WE'RE OFF THE RECORD 2:32 P.M. 09:45:13 13 A TWO OR THREE. 09:15:13 14 (RECESS HELD). 09:45:13 14 Q WHEN WAS THE FIRST CONVERSATION YOU HAD? 09:45:13 IS THE VIDEOGRAPHER: WE'RE ON THE RECORD 2:45 P.M. 09:45:13 15 MR, BISND: OBJECTION. ASKED AND ANSWERED. THE 09:45:13 16 Q BY MR. RUBINER: LET'S GO BACK ON THE RECORD. 16 WITNESS TESTIFIED HE HAS NO DEFINITIVE RECOLLECTION OF 09:45:13 11 OFF THE RECORD I ASKED THE COURT REPORTER TO 17 ANY CONVERSATION. 18 MARK AS EXHIBIT 7 A MULTI -PAGE -- 09:45:13 16 THE WITNESS: I RECOLLECT TELLING MR. DALESANDRD D9:45:13 19 MR. BISNO: THANK YOU, 19 THAT WE HAD A LOAN WITH WELLS FARGO, THE LOAN HAD COME 09:45:13 20 MR. RUBINER: -- DOCUMENT TITLED CONSULTING AND 20 DUE FEBRUARY OF 2010, WE WERE DISCUSSING THE LOAN WITH 21 ADVISORY AGREEMENT AND ASKED HER TO HAND THAT TO THE 21 THE LOAN OFFICERS AND TRYING TO GET TO A RESOLUTION. 22 WITNESS. 22 THEIR RESOLUTION WAS TO HAVE US EXTEND THE LOAN, 09:45:13 23 (WHEREUPON, THE ABOVE -MENTIONED DOCUMENT WAS 23 STABILIZE THE ASSET AND SEE WHERE WE ARE IN A FEW YEARS, 24 MARKED FOR IDENTIFICATION BY THE SHORTHAND REPORTER AND 09:45:13 24 OUR INITIAL RESOLUTION WAS TO BRING NEW MONEY 25 ATTACHED BERETS). 25 AND WE HAD HIRED AT LEAST TWO BROKERS BEFORE SEAN AND 125 1 127 PAGE 126 PAGE 128 D9:45:13 1 THE WITNESS: YOU SAID -- THIS IS SIX. DID YOU 1 DECIDED TO HIRE A THIRD TO FIND NEW MONEY TO SEE IF WE 2 JUST SAY SEVEN? ON. I'M SORRY. 2 COULD GET TO AN AMOUNT POSSIBLY THE PARTNERSHIP WOULD 09:45:13 3 Q BY MR. RUBINER: DO YOU HAVE EXHIBIT 7 IN FRONT 3 PUT SOME EQUITY ON TOP OF IT, AS WELL, AND BE IN A 4 OF YOU? - 4 POSITION TO CO A DISCOUNTED PAYOFF WITH WELLS. 09:45:13 5 A I DO. 09:45:13 5 AS I TESTIFIED EARLIER, I WAS SKEPTICAL THAT 09:15:13 6 Q TURN TO THE LAST PAGE OF EXHIBIT 7, DO YOU 6 THE NEW MONEY WOULD GET TO A PLACE THAT WOULD BE 7 HAVE THE LAST PAGE IN FRONT OF YOU? 7 SUFFICIENT OR CLOSE TO IT BASED ON HAVING SPOKE TO A 09:45:13 8 A I DO. 8 COUPLE OTHER BROKERS AND MAYBE EVEN SIGNING AN AGREEMENT 09:15:13 9 Q YOU'LL SEE THERE'S A SIGNATURE ON THAT PAGE, 9 WITH ANOTHER BROKER TO GO GET NEW MONEY. 10 DO YOU SEE THAT? 09:45:13 10 Q BY MR. RUBINER: WHO WAS THE -- WHEN YOU SAY 09:45:13 11 A I DO. 11 'MAYBE EVEN SIGNING AN AGREEMENT,° WHAT DO YOU MEAN BY 09:45:13 12 Q DO YOU RECOGNIZE THAT SIGNATURE? 12 TEAT? 09:45:13 13 A I DO. 09:45:13 13 A I THINK WE SIGNED AN AGREEMENT WITH GEORGE 09:45:13 14 Q WHOSE SIGNATURE IS THAT? 14 SMITH. 09:45:13 15 A THAT'S MINE. 09:45:13 15 Q WHEN DID YOU SIGN AN AGREEMENT WITH GEORGE 09:45:13 16 Q OKAY. 16 SMITH? 09:45:13 17 AND YOU SEE NEXT TO THAT THERE IS A 9/20AD? 09:45:13 17 A WOULD HAVE BEEN MID SPRING, SAY MARCH OR APRIL 18 DO YOU SEE THAT? 18 OF 2010. 09:15:13 19 A I DO, 09:45:13 19 Q WAS MR, SMITH -- STRIKE THAT. IS GEORGE SMITH 09:45:13 20 Q AND DID YOU WRITE THAT ON EXHIBIT 7? 20 A PERSON OR A COMPANY? D9:45:13 21 A IT SURE LOOKS LIKE MY HANDWRITING. 09:45:13 21 A GEORGE PASSED AWAY A30UT FIVE YEARS AGO. IT 09:45:13 22 Q AND IS IT YOUR PRACTICE TO HANDWRITE A DATE THE 22 USED TO BE A COMPANY AND NOW IT'S -- IT'S A COMPANY. 23 SAME DAY THAT YOU ACTUALLY SIGN THE DOCUMENT? 09:45:13 23 Q 50 RHO AT GEORGE SMITH IN THE SPRING OF 2010 09:15:13 24 A YES. 24 WAS IT THAT YOU MERE WORKING WITH? 09:45:13 25 Q DO YOU HAVE ANY REASON TO BELIEVE YOU DIDN'T 09:45:13 25 A GEORGE SMITH HAD, WAS THE BROKER WHO 3ROUGHT US 126 128 Dalesandro vs. Ogulnick Deposition of Ryan Andrew Ogulnick, Vol. 1 August 13, 2012