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Page 2 of 3 <br /> Sent: Wednesday, March 02, 20112:48 PM <br /> To: Sunita Kapoor <br /> Cc: Jonathan A. Carlson; Blaine Laney <br /> Subject: Mission National Bank- Hakam Misson - Save Mart- 2375 N. Tracy Blvd., <br /> Tracy, CA <br /> Dear Sunita and Jon: <br /> 1. Mission National Bank expressly reserves all rights to which it may be entitled vis-a-vis <br /> Hakam Misson, Samir Ali, Save Mart Supermarkets, Linh Huynh, Diana Phan, and all <br /> others with respect to its interests referenced above, notwithstanding anything to the <br /> contrary previously or subsequently. <br /> 2. This is a sorry situation. My client does not know who is responsible for having <br /> contributed to the lack of a reasonable business solution to the positions of the various <br /> principal players, but the upshot is that the sale of the collateral security to Hakam Misson <br /> has been and is hereby rescinded for total failure of consideration, that is, the dishonoring of <br /> the $68,000.00 payment item tendered by the putative buyer. <br /> 3. Accordingly, the lien of secured creditor continues unabated and unsatisfied, and the <br /> Bank will not be recording/filing a release of its UCC security interest. <br /> 4. The Bill of Sale is voided and ineffective for all purposes. <br /> 5. As far as the interim possession of the tanks, fixtures, etc. by Hakam Misson was <br /> pursuant to authorization from the Bank, such authority is revoked. <br /> 6. Any unwarranted interference with Mission National Bank's collateral security by any <br /> party will be deemed a trespass. <br /> 7. The Bank has been told that despite continued effort, Hakam Misson was never able to <br /> make contact with Samir Ali about a meeting and mediation of their mutual interests. <br /> 8. We are informed that as a consequence Mr. Misson has cancelled the insurance coverage <br /> he was paying for to cover the property which he hoped to consummate the purchase of. <br /> 9.. Because he has now given up that hope,he has also ceased monitoring of the USTs, and <br /> so reported to the regulators. <br /> 10. We will be independently advising the County of San Joaquin of the perpetuation of <br /> Mission National Bank's security interest. <br /> Alan <br /> Alan Scott Koenig <br /> ASK Law Offices® <br /> P.O. Box 1170 <br /> Berkeley, CA 94701-1170 <br /> Voice: (510) 845-8968 <br /> Fax: (510) 540-7717 <br /> www.asklaw.com <br /> 3/17/2011 COVIDENTIAL <br />