Free Statement - District Court of Arizona - Arizona

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UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA A
CASE NO. CIV 03 2353-PHX-DGC
CENTURY 21 REAL ESTATE CORPORATION,
DARYUSH B. MOTLAGH AND JANE DOE MOTLAGH, HUSBAND AND WIFE;
INTEGRITY ASSURANCE,
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EXHIBIT TO CENTURY 21 REAL ESTATE CORPORATION’S: (1) RENEWED
MOTION FOR SUMMARY JUDGMENT ON ITS BREACH OF CONTRACT
AND UNJU ST ENRICHMENT CLAIMS; AND (2) MOTION FOR SUMMARY
JUDGMENT ON COUNTERCLAIMS I
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Case 2:03-cv-02353-DGC Document 78-21 Filed O7/O7/2006 Page 1 of 3
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Real Estate Corporation .
·· 10 Sylvan Way
‘ Parsippany, New Jersey 07054
_ Business (800) 81 1 -2305
l‘ Fax (973) 406-7000 I
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j VIAAIRBORNE EXPRESS
10/09/2000 I _ I II
I Daryush lvlotlagh Q 1 Q j · " ·I_ .- -. _·‘-__
` CENTURY 21 Assurance Realty . j` ‘-‘`= ·-_‘ _ I.
. 14175 W. Indian School Road · _Z- -_‘‘ --.i _j g` ‘_ -
· Bypass Suite A-7 ·` __ ‘_ 1 _ -_ , ‘--_ ; - ‘ . I
Goodyear, AZ 85338 _ I · ` .3. Z·_»__; _· -y I
Re: Company ID No. 221078-0001 ‘..-. _ __.· . -._. _
Dear Daryush, ` - ‘ - .· _. -· . - I
.IThis letter will confirm the terms of the payment plan which has been agreed upon between CENTURY
_ 21 Assurance Realty, (“Franchisee") and Century 21 Real Estate Corporation, (“Company") relating to
amounts owed by Franchises to Company under its Century 21® Real Estate Franchise Agreement (the I
_ "Agreement"). The outstanding balance on Franchises account, which is subject to this payment plan is
$50,994.78 which represents all delinquent fees and charges owed by Franchises through and including
09/30i00. This amount does not inciudeany balances subsequent to that date, and balances found
pursuant to any future audit covering this period. An analysis of this liability with supporting detail is I
attached for your reference. After your review, please contact me if you believe any amounts are
. .. incorrect. By signing below you, acknowledge that you will be individually liable for all amounts due under
a the terms of this payment pian.
The payment plan wilt be as foiiowsz
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MONTHLY PAYMENT MONTHLY I
DUE DATE PAYMENT AMOUNT I
I Nov 1, 2000 to Apr 1, 2001 $500.00 + Current Fees (as dehned below)
_ April 1, 2001 $47,994.78 + Current Fees _
. All monthly payments must be in our office on or before the above-specified dates. lf payment is
not received by the “due dates", this plan will become null and void and the entire outstanding balance will I
. immediately become due in full. The continued participation of your othce and agents in the CENTURY ,
21 Awards Program is contingent upon your honoring the terms and conditions of this payment plan. I
_ Additionaily, this payment plan must be paid in full on or before the CENTURY 21 Cash Incentive Bonus I
issuance date to be eligible to receive any CENTURY 21 Cash incentive Bonus. I
Please be reminded that in order for your CENTURY 21 Ofhce to be in good standing, Franchises must
pay all current fees due under the Agreement including, but, not limited to, royalty fees, minimum royalty
2 fees, National Advertising Fund fees, balance due on any and all promissory notes andfor expansion I
· _ _ notes, finance charges, miscellaneous invoices, and any other fees, in addition to the monthly installment
as outlined. in the above plan. .
I Ilnnn ··· *il¤*ItiL1.El stu I ` I .
_- 5 Ship # ‘i¤‘tBiI3·610 isms Qtr W0,.m_@ N I P 2****1 limi W sewoars copy
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T- " case 2:03-cv-02253-Doc 0¤@u9€f8iI1"i§‘2'1pa"YFileu 07/07/2006 Page]§p_f(§)O62 I

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-. .; October, 09 2000
A n CENTURY 21 Assurance Realty
‘ With the return of the signed copy of this letter Franchises agrees, on behalf of itself, its partners, ofncers,
- i employees, directors, shareholders and any Guarantor(s) of the Agreement, and the successors and
_ 5 Tg assigns of each of them, hereby release and hold harmless the Company, its oflicers, employees, agents,
_ ‘ ’ directors, shareholders, and the successors and assigns of all of them from any and all liability cost or l
j expense, arising from any claims, or causes of action which Franchisee has or may have against
A Company under the Agreement as of this date hereof.
i This payment plan shall not be assignable by Franchisee or Daryush Nlotlagh, individually without the
prior written consent of Century 21.
C A . l
All PAYMENTS and correspondence should be sent via OVERNIGHT MAIL to the following: i
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. Century 21 Real Estate Corporation
10 Sylvan Way , E
Parsippany, NJ 07054 i
Attn: Andrew Olexsak - {
E
Please acknowledge acceptance of this letter agreement by signing where indicated below and returning
one original to me with your payment.
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Very truly yours, l
:— » Andrew Olexsak
Financial Services
Agreed to: l
CENTURY 21 Assurance Realty l
{ I
is P Byr . .. l
Daryush Motiagh~ Owner l
Agreed to: ` l
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By: l
Daryush Motlagh - Individually
Attachments · _
E .
cc: D. Gartelmann
E ..._,
2
cm-00063
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