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SAR – Ma, et al. v. SP Sahara, et al.

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SETTLEMENT AGREEMENT AND RELEASE

This Settlement Agreement and Release (“Agreement”) is made between the

following parties:

1. The Plaintiffs, owners of condominium units within the Allure high-rise

residential development, in Las Vegas, Nevada, as more specifically

defined in section 1.1, below (“Plaintiffs”); and

2. SP Sahara Development, LLC, and FRC Realty, Inc. (Defendants.)

From time to time herein all of these parties may be referred to collectively as the

“Settling Parties.”

I.

RECITALS

1.1 There is currently pending in the Las Vegas District Court, Eighth Judicial

District, a case captioned Gary Ma, et al. v. SP Sahara Development, LLC, et al., as

amended, case number A572474 (the “Action”), wherein Plaintiffs have served Chapter 40

Notices and then pursued the Action for damages in connection with the design, construction,

maintenance, repair, marketing, improvement, and sale of their condominium units, and

associated common areas, within the Allure high-rise development, which is located at 200

West Sahara Avenue, Las Vegas, Nevada 89102. The current Plaintiffs to the Action are as

follows:

Homeowners Unit #

Tan, Maria and Raymundo 206

Ma, Gary 404


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Chao, Joseph & Wang, Teresa 405

Tolentino, Jose and Conchita 507

McKimm Holding, LLC 710

Brauer, Adam 909

Ellis, Edye & Fink, Robert 1002

Nguyen, Chafee and Amanda 1012

Restrepo, Patricia 1104

Paolo, Victor 1201

Pearson, Curtis 1412

Sun, Susie Feng-I 1510

Sun, Tina Feng-Pei 1511

Huang, Paul 1810

Paz, Ricardo 1910

Steinberg, David 2002

Fertig, Elizabeth 2011

Huang, John and Judy & Lin, Christina 2110

Tan, Maria and Raymundo 2308

Chandrakant, Shah & Sanghavi, Ashok 2407

Nam, Jammie Y. 2409

Jornacion, Oscar & Gilda 2510

Yeh, Ted & Dana 2511


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Vitale, Anthony 2512

Rogelio Garcia Trust 2704

Kim, Sun 2811

Casey, Paul 2907

Crawford, Dale 2909

Hong, Steven S. & McConner, Jim 2910

Kim, Chang S. 2911

Horodesky, Gregory & Darel 3004

Isbell, Kenneth 3104

Faridian, Behrooz 3106

Babiuk, James, & Martinez, Rocio 3111

Goldberg, Kenneth & Vicki 3203

Torosyan, Alek 3511

Hunt, Jeffrey 3805

The owners referenced above may be referred to collectively herein as “Plaintiffs” and

the units identified above, which are located in the City of Las Vegas, County of Clark,

shall be referred to collectively as the “Subject Property.”

1.2 Plaintiffs have served multiple Notices of Common Construction

Deficiencies Pursuant to N.R.S. 40.645 and N.R.S. 40.6452, and Supplemental Notices of

same, making claims of construction defects and deficiencies (the “Chapter 40 Notices”),

which are incorporated herein by reference. Plaintiffs filed and served an initial


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Complaint in the Action, and thereafter served a First Amended Complaint and Second

Amended Complaint (collectively the “Complaints”), all of which with any other

amendments thereto are incorporated by reference as though set forth in full. In addition,

Plaintiffs produced various preliminary and final defect lists, and experts reports (the

“Defect Lists and Reports”), asserting claims and seeking damages for construction

defects, lack of hot water, inaccurate square footage representations, and representations

concerning common areas, among other things, all of which Defect Lists and Reports are

incorporated by reference as though set forth in full.

1.3 Throughout the course of this Action, in its Chapter 40 Notices,

Complaints, and Defect Lists and Reports, Plaintiffs have made allegations against SP

Sahara Development, LLC; FRC Realty, Inc.; Fifield Realty Corp.; The Fifield

Companies; FRC Sahara, L.L.C.; Alan Schachtman, individually; and Konstantin F.

Daskalov, individually. Defendants do not, by entering into this Agreement and seeking

a release for these parties, concede the validity or legal status of any business entity

alleged by Plaintiffs to be a valid legal entity with responsibility for issues arising from

the Allure. Bovis Lend Lease served as the general contractor for the Allure. SP Sahara

Development, LLC; FRC Realty, Inc.; Fifield Realty Corp.; The Fifield Companies; FRC

Sahara, L.L.C.; Alan Schachtman, individually; Konstantin F. Daskalov, individually;

and Bovis Lend Lease shall be referred to collectively herein as the “Released Parties.” It

is the intention of all Settling Parties that these Released Parties shall be fully and finally

released by Plaintiffs from any claims in the Action, the Chapter 40 Notices, and/or the

Defect Lists and Reports, through this Agreement, as more fully set forth below.


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1.4 The Settling Parties each deny the allegations, claims, and defenses

asserted by the others. Nothing in this Agreement shall be construed as an admission of

liability as to any of the Settling Parties hereto. The Settling Parties, and each of them,

now desire to fully and finally settle all claims between them which arise out of or relate

to the Action, as set forth more particularly below.

II.

AGREEMENT

2.1 In consideration for the terms set forth herein, Plaintiffs shall receive the

lump sum of $825,000, to be paid within fourteen (14) days after receipt of all signatures

for all Plaintiffs who are parties to this Agreement.

2.2 Defendants and Released Parties Are Not Responsible For

Distribution or Apportionment of Lump Sum Settlement Proceeds: Under this

Agreement, Plaintiffs are collectively being paid a lump sum of $825,000. Plaintiffs and

Plaintiffs’ counsel acknowledge, covenant and affirm that Defendants and the Released

Parties are not in any way responsible for the distribution or apportionment of the lump

sum payment, by and between the Plaintiffs, and each of them. Plaintiffs and Plaintiffs’

counsel shall have full responsibility for the apportionment and distribution of the

$825,000 settlement proceeds by and between them, such that even in the event of a

dispute arising between them as to the apportionment and/or distribution of said

settlement proceeds, they must still perform all terms and conditions of this Agreement.

Plaintiffs and Plaintiffs’ counsel shall defend, indemnify, and hold Defendants, the

Released Parties and their counsel harmless from and against any claims or disputes

arising between Plaintiffs and/or Plaintiffs’ counsel as to apportionment and/or

distribution of the lump sum settlement proceeds.


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2.3 Execution Of This Agreement By Every Plaintiff Is a Material

Condition of this Agreement.

2.4 The Settling Parties each agree to bear their own costs and attorney fees;

and Plaintiffs shall, and hereby do, expressly release any and all claims against all

Defendants and the Released Parties, for attorney’s fees, costs, and investigation

expenses, as set forth more fully below.

2.5 Upon disbursement to the Plaintiffs of any and all sums owing to them

under this Agreement, the Plaintiffs shall take all necessary steps to dismiss this Action in

its entirety, and all amendments thereto, with prejudice, as to all Defendants.

III.

RELEASE

For purposes of this Release and this Agreement, the term “Related Persons” shall

include for each releasing or released party, any and all of that party’s past, present and

future parent companies, divisions, subsidiaries, affiliates, related corporations and

entities, members, managers, stockholders, directors, officers, employees, agents,

attorneys, experts, lenders, mortgage holders, predecessors, partners, joint venturers, legal

representatives, heirs, administrators, trustors, trustees, beneficiaries, creditors, assigns,

successors, lessees, subsequent purchasers, tenants, and legal and equitable owners.

3.1 Release. As a consideration for the promises made herein, the Plaintiffs,

and each of them, on behalf of themselves and their Related Persons, do hereby release

and forever discharge all Defendants and all Released Parties, and each of their Related

Persons, from and against any and all actual and potential claims, demands, actions, suits,

and causes of action, of whatsoever kind and nature, at law or in equity, whether known

or unknown, arising out of or related to: (1) the design, construction, maintenance, repair,

marketing, improvement, and sale of their condominium units and the Allure project; (2)

the Action, the Chapter 40 Notices, the Complaints, and the Defect Lists and Reports;


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and (3) the Subject Property, including any and all costs, expenses, attorney’s fees, and

damages of any type and nature that the Plaintiffs have or claim to have.

With the exception of the claims asserted by the Plaintiffs in the above-referenced

Chapter 40 Notices, in the Defect Lists and Reports, and in the Complaints of the

Plaintiffs herein, this release does not apply to any currently pending common

constructional defect claims asserted in the case captioned Allure Homeowners’

Association v. SP Sahara Development, et al., Nevada Eighth Judicial Court Case

Number A-14-701104-D, by the Allure Homeowners’ Association, for which the Allure

Homeowners’ Association is found by a court of competent jurisdiction to have standing

to sue.

3.2 Waiver: The Settling Parties and their respective Related Persons

acknowledge and understand that: (1) there is a risk that now or subsequent to the

execution of this Agreement Plaintiffs may have, or may discover, some claim, loss,

right, damage, or cause of action that is unknown and unanticipated at the time this

Agreement is signed; and (2) that some claim, loss, right, damage, or cause of action

which is presently known or which should be known may become more serious than they

now expect or anticipate. Nevertheless, the Plaintiffs and their respective Related

Persons hereby expressly waive all rights they may have in such unknown and

unexpected consequences or results as if those claims, losses, rights, damages, or causes

of action were known or should have been known to the Settling Parties at the time of

this Agreement. The Settling Parties and their respective Related Persons agree that this

Agreement shall be given full force and effect in accordance with each and all of its

express terms and provisions, including those terms and provisions relating to unknown

and unsuspected claims, losses, rights, damages or causes of action, to the same effect as

those terms and provisions relating to any other such claims released herein.

3.3 Covenant Not to Sue: Plaintiffs covenant and agree that they have not,

and shall not, bring any other action, claim, suit, or proceeding against anyone, including,


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but not limited to, Defendants and the Released Parties, or their Related Persons,

regarding the matters settled and released by this Agreement.

3.4 Authority for Release: In addition to the general provisions on authority

to enter into this Agreement set forth in the recitals; Plaintiffs do hereby expressly

warrant and affirm that Plaintiffs, and each of them, have the authority and capacity to

enter into this Agreement and provide the releases required hereunder.

3.5 Reservation of Rights Pursuant to NRS 101.050. It is expressly agreed,

by and between the Settling Parties that this Agreement shall not release or discharge co-

obligors, and that Defendants shall retain and reserve all rights against co-obligors,

pursuant to NRS 101.050.

IV.

MISCELLANEOUS REPRESENTATIONS AND WARRANTIES

4.1 Each of the Settling Parties to this Agreement represents, and warrants,

and agrees with, each other party hereto, as follows:

(a) Each Settling Party represents and warrants that it is represented by

counsel, and that it has received independent legal advice from said counsel with

respect to the execution of this Agreement. This Agreement shall be considered

jointly drafted, such that no provision in law or in equity whereby a document is

construed against the drafter shall have any applicability in the enforcement of the

terms herein.

(b) Each Settling Party to this Agreement has made such investigation

of the facts pertaining to the settlement as it deems necessary in order to enter into

this Agreement.

(c) The Settling Parties hereby represent and warrant to each other that

they have not heretofore assigned or transferred, or purported to assign or transfer,

to any person not a party hereto any of the claims, rights, and/or causes of action

conveyed or released herein, or any part or portion thereof. The Settling Parties


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further agree to indemnify and hold each other harmless from and against any

claim, demand, damage, liability, accounting, reckoning, obligation, cost,

expense, lien, action or cause of action (including the payment of attorney’s fees

and costs actually incurred, whether or not litigation has commenced) arising out

of any such assignment or transfer in violation of this representation and

warranty.

(d) Each Settling Party or responsible officer or partner thereof has

read this Agreement and understands the contents thereof. Any officer, trustee, or

partner executing this Agreement on behalf of a Settling Party which is not a

natural person represents that he or she is empowered to bind the party on whose

behalf he or she is signing.

(e) The Settling Parties acknowledge that this Agreement represents a

good faith settlement of the claims against and between them in the Subject

Action and that it is intended to bar all claims against any of the Settling Parties

hereto related to the subject matter of this release, as provided by NRS 17.245.

(f) The Settling Parties will execute all such further and additional

documents as shall be reasonable, convenient, necessary or desirable to carry out

the provisions of this Agreement.

(g) The prevailing party in any action brought to enforce the terms of

this Agreement shall be entitled to its attorney’s fees and costs incurred in

enforcing this Agreement.

(h) This Agreement shall be deemed to have been executed and

delivered within the State of Nevada, and the rights and obligations of the Settling

Parties hereto shall be construed and enforced in accordance with, and governed

by, the laws of the State of Nevada.

(i) This Agreement is the entire Agreement between the Settling

Parties with respect to the subject matter hereof, and supersedes all prior and


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contemporaneous oral and written Agreements and discussions. This Agreement

may not be modified except through a writing signed by all Parties charged or

benefitted by the modification hereto.

(j) If any provision of this Agreement is held by a court of competent

jurisdiction to be invalid, void or unenforceable for whatever reason, the

remaining provisions not so declared shall continue in full force and effect,

without being impaired in any manner whatsoever.

(k) This Agreement may be executed in counterparts, all of which

together shall constitute one and the same instrument, with the same force and

effect as though all the Settling Parties had executed the same document.

Facsimile signatures shall be deemed originals for the purpose of this Agreement.

/ / /

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/ / /

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/ / /

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/ / /


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(l) The Settling Parties agree that the Eighth Judicial District Court,

County of Clark, shall retain jurisdiction over this matter for purposes of

enforcing any provisions of this Agreement.

THE SETTLING PARTIES HEREBY CERTIFY THAT SETTLING PARTIES HAVE READ THIS SETTLEMENT AGREEMENT AND FULLY UNDERSTAND SAME, AND IN WITNESS THEREOF, SETTLING PARTIES HAVE EXECUTED THIS AGREEMENT IN THE PLACES AND ON THE DATES SET FORTH OPPOSITE THEIR RESPECTIVE SIGNATURES BELOW. IT IS SO AGREED.

PLAINTIFF

By: ______________________________

Name: Raymundo Tan

200 West Sahara Avenue, Unit 206

Las Vegas, NV 89102

STATE OF )

) ss.

COUNTY OF )

On this day of , 2015, the undersigned Notary

Public in and for said County and State, appeared Raymundo Tan, known to me to be

the person who executed the above and foregoing instrument, and who acknowledged to

me that he/she did so freely and voluntarily and for the purposes therein mentioned.

____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Maria Tan


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Maria Tan, known to me to be the

person who executed the above and foregoing instrument, and who acknowledged to me

that he/she did so freely and voluntarily and for the purposes therein mentioned.

____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Gary Ma


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Gary Ma, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Joseph Chao


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Joseph Chao, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Theresa Wang


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Teresa Wang, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Jose Tolentino


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Jose Tolentino, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Conchita Tolentino


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Conchita Tolentino , known to me to

be the person who executed the above and foregoing instrument, and who acknowledged

to me that he/she did so freely and voluntarily and for the purposes therein mentioned.

____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: McKimm Holding, LLC


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared a representative of McKimm Holding,

LLC, known to me to be the person who executed the above and foregoing instrument,

and who acknowledged to me that he/she did so freely and voluntarily and for the

purposes therein mentioned.

____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Adam Brauer


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Adam Brauer, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Edye Ellis


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Edye Ellis, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Robert Fink


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Robert Fink, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Chafee Nguyen


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Chafee Nguyen, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Amanda Nguyen


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Amanda Nguyen, known to me to be



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Patricia Restrepo


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Patricia Restrepo, known to me to be



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Victor Paolo


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Victor Paolo, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Curtis Pearson


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Curtis Pearson, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Susie Feng-I Sun


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Susie Feng-I Sun, known to me to be



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Tina Feng-Pei Sun


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Tina Feng-Pei Sun, known to me to be



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Paul Huang


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Paul Huang, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Ricardo Paz


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Ricardo Paz, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: David Steinberg


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared David Steinberg, known to me to be



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Elizabeth Fertig


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Elizabeth Fertig, known to me to be



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: John Huang


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared John Huang, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Judy Huang


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Judy Huang, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Christina Lin


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Christina Lin, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Maria Tan


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Maria Tan, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Raymundo Tan


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Raymundo Tan, known to me to be



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Shah Chandrakant


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Shah Chandrakant, known to me to



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Ashok Sanghavi


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Ashok Sanghavi, known to me to be



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Jammie Y. Nam


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Jammie Y. Nam, known to me to be



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Oscar Jornacion


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Oscar Jornacion, known to me to be



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Gilda Jornacion


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Gilda Jornacion, known to me to be



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Ted Yeh


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Ted Yeh, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Dana Yeh


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Dana Yeh, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Anthony Vitale


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Anthony Vitale, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Rogelio Garcia, as Trustee of the Rogelio Garcia Trust


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Rogelio Garcia, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Raquel Garcia, as Trustee of the Rogelio Garcia Trust


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared a representative of the Raquel Garcia,

known to me to be the person who executed the above and foregoing instrument, and who

acknowledged to me that he/she did so freely and voluntarily and for the purposes therein

mentioned.

____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Sun Kim


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Sun Kim, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Paul Casey


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Paul Casey, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Dale Crawford


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Dale Crawford, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Steven S. Hong


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Steven S. Hong, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Jim McConner


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Jim McConner, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Chang S. Kim


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Chang S. Kim, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Gregory Horodesky


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Gregory Horodesky, known to me to



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Darel Horodesky


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Darel Horodesky, known to me to be



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Kenneth Isbell


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Kenneth Isbell, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Behrooz Faridian


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Behrooz Faridian, known to me to be



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: James Babiuk


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared James Babiuk, known to me to be the



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Rocio Martinez


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Rocio Martinez, known to me to be



____________________________________

NOTARY PUBLIC


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PLAINTIFF

By: ______________________________

Name: Kenneth Goldberg


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Kenneth Goldberg, known to me to be



____________________________________

NOTARY PUBLIC


61 of 64

PLAINTIFF

By: ______________________________

Name: Vicki Goldberg


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Vicki Goldberg, known to me to be



____________________________________

NOTARY PUBLIC


62 of 64

PLAINTIFF

By: ______________________________

Name: Alek Torosyan


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Alex Torosyan, known to me to be the



____________________________________

NOTARY PUBLIC


63 of 64

PLAINTIFF

By: ______________________________

Name: Jeffrey Hunt


Las Vegas, NV 81902

STATE OF )

) ss.

COUNTY OF )


Public in and for said County and State, appeared Jeffrey Hunt, known to me to be the



____________________________________

NOTARY PUBLIC


64 of 64

SP SAHARA DEVELOPMENT, LLC

and FRC REALTY, INC.

By: __________________________________

Print Name: _____________________________

Its: __________________________________

APPROVED AS TO FORM

AND CONTENT:

LEE, HERNANDEZ, LANDRUM &

GAROFALO

______________________________

Jeffery A. Garofalo, Esq.

Nevada Bar No. 7345

7575 Vegas Drive, Suite 150

Las Vegas, NV 89128

Attorneys for Defendants

SP SAHARA DEVELOPMENT, LLC

and FRC REALTY, INC.

APPROVED AS TO FORM

AND CONTENT:

BURDMAN & COSTON

______________________________

Stephen M. Coston, Esq.

Nevada Bar No. 8785

8440 West Lake Mead Blvd., #100

Las Vegas, NV 89128

Attorneys for Plaintiffs

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