A A '.6.Nt 0.130S INDEX NO. 104866/2010 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 05/03/2012 Western Surety Company STATE OF New York IN THE SUPREME COURT } ss COUNTY OF New York No 104866/10 (consolidated) / Lia Joseph Plaintiff(s) } vs. Denis M. Joseph, Automotive Realty Partners, LLC, } Northmarz Capital, LLC, Et Al Bond No 71265423 BOND OF RECEIVER KNOW ALL PERSONS BY THESE PRESENTS: Defendant(s) j Effective Date- April 26, 2012 That we, Josh Koppel, as Principal, and WESTERN SURETY COMPANY, a corporation duly licensed to do surety business in the State of New York, as Surety, are held and firmly bound unto ft the Supreme Court of New York County of New York in the sum of Five Thousand and 00/100 DOLLARS ($ 5,000.00 ), for the payment of which well and truly to be made, we bind ourselves and our legal representatives, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas on the day of the above named Principal was appointed Receiver in the above entitled matter. A. NOW THEREFORE, if the Principal shall faithfully discharge the duties of Receiver in said action, and shall obey the orders of the Court therein, then this obligation to be null and void, otherwise to remain in full force and effect. In no event shall the total liability of the Surety for all breaches of the condition of this bondazeqppenount stated above. f v" V,...., e" s......., 0,... day af April 2012..,........,..;,.., 26th ;."133*%.. zat- #1e, Orii-iii$ 41illitutui0 WE - T "OURET COMPANY 4-,,e 7T Paul T. Brafl, Vice President Form F8948-3-2012 It y 70 0 N RCM 104 At M ICA S b
ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA 88 On this 26th day of ' April 2012, before me, a in and for said County, personally appeared Paul T. Bruflat personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY of Sioux Falls, South Dakota, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed in behalf of said corporation by authority of its Board of Directors, and farther acknowledge that the said instrument and the execution thereof to be voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. My commission expires Auguat _11_ 7 2 41_6 S. PETRIK NOTARY PUBLIC SOUTH DAKOTA
Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint Paul T. Bruflat of Sioux Falls State of South Dakota, its regularly elected Senior Vice President as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: RECEIVER LIA JOSEPH VS. DENIS M. JOSEP, AUTOMOTIVE REALTY PARTNERS, LLC, One k Z /Z bond with bond number 71265423 for JOSH KOPPEL as Principal in the penalty amount not to exceed: $5 000.00 Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duly adopted and now in force, to-wit: Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President with the corporate seal affixed this 26th day of April 2012 ATTEST WEST R SURET COMPANY. Nelson, Assistant Secretary Paul T. Bruflat, S 465 nior Vice President ET.... STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA SS On this 26th day of April 2012,, before me, a, personally appeared Paul T. Bruflat and L. Nelson who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. +w-,...,...,...00.0,.,...,c,...,..,..c,,-,,...c.. + D. KRELL.r.r NOTARY PUBLIC SOUTH DAKOTA My Commission Expires November 30, 2012 Form F1975-9-2006 4P7r
NA ESTE RN SURETY COMPANY Sioux Falls, South Dakota Statement of Net Admitted Assets and Liabilities December 31, 2011 ASSETS Bonds $1,403,423,957 Stocks 22,726,363 Cash and short-term investments 66,852,340 Uncollected premiums and agents' balances 34,207,619 Funds held by or deposited with reinsured companies 13,980,081 Net deferred tax asset 25,802,839 Investment income due and accrued 17,647,175 Other assets 2,489.406 Total Assets $1,587,129,780 LIABILITIES AND SURPLUS Losses Loss adjustment expense Contingent and other commissions payable Other expense Taxes, licenses and fees Federal and foreign income taxes payable Unearned premiums Other liabilities Total Liabilities Surplus Account: Capital paid up $4,000,000 Gross paid in and contributed surplus 176,435,232 Special Surplus 7,321,616 Unassigned funds 701,727,785 Surplus as regards policyholders Total Liabilities and Capital 0411;lefolo $296,352,421 82,551,462 5,246,025 28,831,919 1,925,642 5,637,067 247,814,064 29,286,547 697,645,147 $889,484,633 $1,587,129 780 v0 40S. 7.70 Want Vice President of Western Surety Company hereby certify that the above is ation of the financial statement of the Company dated December 31, 2011, as filed ance Departments and is a true and correct statement of the condition of Western as of that date. Western Surety Company Assis ce President Subscribed and sworn to me this 12th day of March, 2012.. My commission expires: "OFFICIAL SEAL" KATHLEEN M. SCHROEDER :, State of Illinois My CcvnmIssion Expires 08116/15 ***** ********
STATE OF NEW YORK ) ) ss. COUNTY OF iv y PRINCIPAL ACKNOWLEDGMENT On this day of May, 2012, before me personally came Josh Koppel, to me known, and known to me to be the individual described in and who executed the foregoing BOND OF RECEIVER, Bond No. 71265423, and acknowledged to me that he executed the same. Sworn to before me on this day of May 2012 My commission expires: DEBRA M. SELETSKY, State of New York No. 30-4988086 Qualified in New York County Commission Expires Nov. 4, 20 NYOUMALOM1/1543737.1