EX-99.(E)(9) 12 a07322exv99wxeyx9y.htm EXHIBIT (E)(9) exv99wxeyx9y
 

Exhibit (E)(9)

PROMISSORY NOTE

     
Amount: $300,000.00
  Los Angeles, California
Due Date: January 30,1999
  January 30,1998

For value received, the undersigned promise to pay The Victor and Hannah Zaccaglin Trust dated March 20, 1992, Victor Zaccaglin Trustee, lender, or order, at 13160 Mindanao Way, Suite 180, Marina Del Rey, California, 90292, the sum of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) due and payable on January 30, 1999 with interest from January 30, 1998, paid at a rate of prime plus two points per annum payable monthly. Should interest not be so paid, it shall thereafter bear like interest as the principal, but such unpaid interest so compounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. Said rate will be adjusted periodically as the reference rate changes. Principal and interest are payable in legal tender of the United States of America.

If action be instituted on this note we promise to pay such sum as the Court may fix as attorney’s fees. The makers, sureties, guarantors and endorsers of this note hereby consent to renewals and extensions of time at or after the maturity hereof and hereby waive diligence, presentment, protest, demand and notice of every kind.
         
CALPROP CORPORATION
 
   
/s/ Ronald S. Petch, President      
Ronald S. Petch     
President     
 
     
/s/ Mark F. Spiro, CFO     
Mark F. Spiro     
Chief Financial Officer     
 

 


 

PROMISSORY NOTE

     
Amount: $300,000.00
  Los Angeles, California
Due Date: Demand
  October 5, 1999

For value received, the undersigned promise to pay The Victor and Hannah Zaccaglin Trust dated March 20, 1992, Victor Zaccaglin Trustee, lender, or order, at 13160 Mindanao Way, Suite 180, Marina Del Rey, California, 90292, the sum of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) due and payable on DEMAND with interest from October 5, 1999, paid at a rate of twelve (12.0%) per annum payable monthly. Should interest not be so paid, it shall thereafter bear like interest as the principal, but such unpaid Interest so compounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. Said rate will be adjusted periodically as the reference rate changes. Principal and interest are payable in legal tender of the United States of America.

If action be instituted on this note we promise to pay such sum as the Court may fix as attorney’s fees. The makers, sureties, guarantors and endorsers of this note hereby consent to renewals and extensions of time at or after the maturity hereof and hereby waive diligence, presentment, protest, demand and notice of every kind.
         
CALPROP CORPORATION
 
   
/s/ Ronald S. Petch, President      
Ronald S. Petch     
President     
 
     
/s/ Mark F. Spiro, CFO     
Mark F. Spiro     
Chief Financial Officer     
 

 


 

PROMISSORY NOTE..

     
Amount: $240,000.00
  Los Angeles, California
Due Date: February 1, 2004
  February 1, 2002

For value received, the undersigned promise to pay The Victor and Hannah Zaccaglin Trust dated March 20, 1992, Victor Zaccaglin Trustee, lender, or order, at 13160 Mindanao Way, Suite 180, Marina Del Rey, California, 90292, the sum of TWO HUNDRED FORTY THOUSAND DOLLARS ($240,000.00) due and payable on February 1, 2004, with interest to accrue from February 1, 2002, paid at a rate of twelve percent (12%) per annum payable monthly. Should interest not be so paid, it shall thereafter bear like interest as the principal, but such unpaid interest so compounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. Principal and interest are payable in legal tender of the United States of America.

If action be instituted on this note we promise to pay such sum as the Court may fix as attorney’s fees. The makers, sureties, guarantors and endorsers of this note hereby consent to renewals and extensions, of time at or after the maturity hereof and hereby waive diligence, presentment, protest, demand and notice of every kind.
         
CALPROP CORPORATION
 
   
/s/ Mark F. Spiro      
Mark F. Spiro     
Chief Financial Officer     
 

 


 

PROMISSORY NOTE

     
Amount: $75,000.00
  Los Angeles, California
Due Date: April 22, 2004
  October 22, 2003

For value received, the undersigned promise to pay The Victor and Hannah Zaccaglin Trust dated March 20, 1992, Victor Zaccaglin Trustee, lender, or order, at 13160 Mindanao Way, Suite 180, Marina Del Rey, California, 90292, the sum of SEVENTY FIVE THOUSAND DOLLARS ($75,000.00) due and payable on April 22, 2004, with interest to accrue from October 22, 2003, paid at a rate of twelve percent (12%) per annum payable monthly. Should interest not be so paid, it shall thereafter bear like interest as the principal, but such unpaid interest so compounded shall not exceed an amount equal to simple Interest on the unpaid principal at the maximum rate permitted by law. Principal and interest are payable in legal tender of the United States of America.

If action be instituted on this note we promise to pay such sum as the Court may fix as attorney’s fees. The makers, sureties, guarantors and endorsers of this note hereby consent to renewals and extensions of time at or after the maturity hereof and hereby waive diligence, presentment, protest, demand and notice of every kind.
         
CALPROP CORPORATION
 
   
/s/ Mark F. Spiro, CFO      
Mark F. Spiro     
Chief Financial Officer     
 

 


 

PROMISSORY NOTE

     
Amount: $1,000,000.00
  Los Angeles, California
Issue Date: August 27, 2004
   
Due Date: On Demand’
   

For value received, the undersigned promise to pay The Victor and Hannah Zaccaglin Trust dated March 20,1992, Victor Zaccaglin Trustee, lender, or order, at 13160 Mindanao Way, Suite 180, Marina Del Rey, California, 90292, the sum of ONE MILLION DOLLARS ($1,000,000.00) due on demand with interest to accrue from August 27, 2004, paid at a rate of ten percent (10%) per annum payable monthly. Should interest not be so paid, it shall thereafter bear like interest as the principal, but such unpaid interest so compounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. Principal and interest are payable in Legal tender of the United States of America.

If action be instituted on this note we promise to pay such sum as the Court may fix as attorney’s fees.
         
CALPROP CORPORATION
 
   
/s/ Henry Nierodzik      
Henry Nierodzik     
Chief Accounting Officer     
 

 


 

PROMISSORY NOTE

     
Amount: $100,000.00
  Los Angeles, California
Issue Date: September 7, 2004
   
Due Date: On Demand
   

For value received, the undersigned promise to pay The Victor and Hannah Zaccaglin Trust dated March 20, 1992, Victor Zaccaglin Trustee, lender, or order, at 13160 Mindanao Way, Suite 180, Marina Del Rey, California, 90292, the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) due on demand with interest to accrue from September 7, 2004, paid at a rate of ten percent (10%) per annum payable monthly. Should interest not be so paid, it shall thereafter bear like interest as the principal, but such unpaid interest so compounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. Principal and interest are payable in legal tender of the United States of America.

If action be instituted on this note we promise to pay such sum as the Court may fix as attorney’s fees.
         
CALPROP CORPORATION
 
   
/s/ Henry Nierodzik     
Henry Nierodzik     
Chief Accounting Officer     
 

 


 

PROMISSORY NOTE

     
Amount: $200,000.00
  Los Angeles, California
Issue Date: September 13, 2004
   
Due Date: On Demand
   

For value received, the undersigned promise to pay The Victor and Hannah Zaccaglin Trust dated March 20, 1992, Victor Zaccaglin Trustee, lender, or order, at 13160 Mindanao Way, Suite 180, Marina Del Rey, California, 90292, the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00) due on demand with interest to accrue from September13, 2004, paid at a rate of ten percent (10%) per annum payable monthly. Should interest not be so paid, it shall thereafter bear like Interest as the principal, but such unpaid interest so compounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. Principal and interest are payable In legal tender of the United States of America.

If action be instituted on this note we promise to pay such sum as the Court may fix as attorney’s fees.
         
CALPROP CORPORATION
 
   
/s/ Henry Nierodzik     
Henry Nierodzik     
Chief Accounting Officer     
 

 


 

PROMISSORY NOTE

     
Amount: $225,000.00
  Los Angeles, California
Issue Date: September 16, 2004
   
Due Date: On Demand
   

For value received, the undersigned promise to pay The Victor and Hannah Zaccaglin Trust dated March 20, 1992, Victor Zaccaglin Trustee lender, or order, at 13160 Mindanao Way, Suite 180, Marina Del Rey, California, 90292, the sum of TWO HUNDRED TWENTY FIVE THOUSAND DOLLARS ($225,000.00) due on demand with interest to accrue from September 16, 2004, paid at a rate of ten percent (10%) per annum payable monthly. Should interest not be so paid, it shall thereafter bear like interest as the principal, but such unpaid interest so compounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. Principal and Interest are payable in legal tender of the United States of America.

If action be instituted on this note we promise to pay such sum as the Court may fix as attorney’s fees.
         
CALPROP CORPORATION
 
   
/s/ Henry Nierodzik     
Henry Nierodzik     
Chief Accounting Officer     
 

 


 

PROMISSORY NOTE

     
Amount: $125,000.00
  Los Angeles, California
Issue Date: October 8, 2004
   
Due Date; On Demand
   

For value received, the undersigned promise to pay The Victor and Hannah Zaccaglin Trust dated March 20, 1992, Victor Zaccaglin Trustee, lender, or order, at 13160 Mindanao Way, Suite 180, Marina Del Rey, California, 90292, the sum of ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,000.00) due on demand with interest to accrue from October 8, 2004, paid at a rate of ten percent (10%) per annum payable monthly. Should interest not be so paid, it shall thereafter bear like interest as the principal, but such unpaid interest so compounded shall not exceed an amount equal to simple Interest on the unpaid principal at the maximum rate permitted by law. Principal and interest are payable In legal tender of the United States of America.

If action be instituted on this note we promise to pay such sum as the Court may fix as attorney’s fees.
         
CALPROP CORPORATION
 
   
/s/ Henry Nierodzik     
Henry Nierodzik     
Chief Accounting Officer     
 

 


 

PROMISSORY NOTE

     
Amount: $150,000.00
  Los Angeles, California
Issue Date: November 2, 2004
   
Due Date: On Demand
   

For value received, the undersigned promise to pay The Victor and Hannah Zaccaglin Trust dated March 20, 1992, Victor Zaccaglin Trustee, lender, or order, at 13160 Mindanao Way, Suite 180, Marina Del Rey, California, 90292, the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) due on demand with interest to accrue from November 2, 2004, paid at a rate of ten percent (10%) per annum payable monthly. Should interest not be so paid, it shall thereafter bear like interest as the principal, but such unpaid interest so compounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. Principal and interest are payable in legal tender of the United States of America.

If action be instituted on this note we promise to pay such sum as the Court may fix as attorney’s fees.
         
CALPROP CORPORATION
 
   
/s/ Henry Nierodzik     
Henry Nierodzik     
Chief Accounting Officer     
 

 


 

PROMISSORY NOTE

     
Amount: $100,000.00
  Los Angeles, California
issue Data: November 19, 2004
   
Due Data: On Demand
   

For value received, the undersigned promise to pay The Victor and Hannah Zaccaglin Trust dated March 20 1992, Victor Zaccaglin Trustee, lender, or order, at 13160 Mindanao Way, Suite 180, Manna Del Rey, California, 90292, the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) due on demand with interest to accrue from November 19, 2004, paid at a rate often percent (10%) per annum payable monthly. Should interest not be so paid, it shall thereafter bear like interest as the principal, but such unpaid interest so compounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. Principal and interest are payable in legal tender of the United States of America.

If action be Instituted on this note we promise to pay such sum as the Court may fix as attorney’s fees.
         
CALPROP CORPORATION
 
   
/s/ Henry Nierodzik     
Henry Nierodzik     
Chief Accounting Officer     
 

 


 

Calprop

Modification Agreement

THIS AGREEMENT entered into on December 31, 2004, by and between The Victor Zaccag1in Trust dated March 20, 1992, Victor Zaccaglin Trustee, herein after called “lender” and Calprop Corporation, herein after called “borrower.”

WHEREAS, the borrower has borrowed under Promissory Notes, the parties hereto wish to modify the terms of said promissory notes by extending the maturity dates as follows:

             
Note   Loan Date   Original Loan Amount   Maturity Date
#17
  1/30/98   $300,000   12/31/05
#20
  10/05/99   $300,000   12/31/05
#21
  2/1/02   $240,000   12/31/05
#29
  10/22/03   $75,000   12/31/05
#31
  8/27/04   $1,000,000   12/31/05
#32
  9/7/04   $100,000   12/31/05
#33
  9/13/04   $200,000   12/31/05
#34
  9/16/804   $225,000   12/31/05
#35
  10/8/04   $125,000   12/31/05
#36
  11/2/04   $150,000   12/31/05
#37
  11/19/04   $100,000   12/31/05
Preferred Note
  6/7/96   $581,542   12/31/05
         
     
/s/ Henry Nierodzik     
Henry E. Nierodzik     
Chief Accounting Officer     
 
     
/s/ Victor Zaccaglin     
Victor Zaccaglin     
Lender