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To: scion who wrote (226)12/2/2005 12:48:53 PM
From: scion  Read Replies (1) | Respond to of 12518
 
ARTICLE III

DESIGNATION AND TREATMENT OF UNIMPAIRED CLAIMS

Administrative Claims: These claims consist of all allowed administrative expenses, as so
defined in the Bankruptcy Code, which consist of fees and expenses of professionals employed
pursuant to Court authorization and any fees due to the United States Trustee's Office. These claims
shall be paid in full in cash at closing within ten days of the Effective Date, upon the Court’s award,
or as otherwise agreed to between the parties.
In connection with these Chapter 11 proceedings, Debtor’s Attorney has not previously
applied for fees and costs. It is anticipated that Debtor’s Attorney will apply for an final award of
attorneys fees and costs in prior to hearings on confirmation of Debtor’s Plan. It is anticipated that
the total of fees and costs for Debtor’s Attorney will not exceed Seventy Five Thousand Dollars
($75,000.00).

Class 1: Claim of Bank One Financial Services, Inc.

This class consists of a secured claim in the amount of Thirty-one Thousand, Two Hundred
One Dollars and Thirty Six Cents ($31,201.36). This creditor is currently receiving payments under
an adequate protection order and after Debtor’s September 2003 payment, the balance will be
$30,327.09, together with attorneys fees in the amount of $825.00 awarded by the Court for a total
of $31,152.09. This claim will by satisfied by payment of same in full, together with interest at the
rate of 7% per annum, amortized over a period of ten years, with a balloon payment of the principal
balance remaining due after five years, and monthly payments in the amount of $361.70, beginning
on the first day of the month immediately following the Effective Date.

Class 2: Claim of Central Bank & Trust Co.

This class consists of a secured claim in the amount of $20,318.70, which claim is secured
by a Certificate of Deposit owned by Debtor’s wife. This claim will by satisfied by payment of same
in full, together with interest at the rate of 7% per annum, amortized over a period of ten years with
monthly payments in the amount of $235.92, beginning on the tenth day of the month immediately
following the Effective Date with a balloon payment in seven years.

Class 3: Claim of Community Trust Bank

This class consists of a secured claim in the present principal amount of $164,945.41,
together with interest and late charges in the amount of $19,917.29 for a total of $184,862.70, which
claim is secured by a first mortgage on rental property owned jointly by Debtor and his wife and
located in Lexington, Kentucky. This claim will by satisfied by payment of same in full, together
with interest at the current contract rate of 4.25% per annum, amortized over a period of seventeen
years, with payments in the amount of $1,274.17, per month, together with attorneys fees and costs
as may be approved in these proceedings and in such future amounts as may be required as a result
of this creditors loan index rate, beginning on the first day of the month which immediately follows
the Effective Date. The Purchaser under the Lease Purchase Agreement in connection with this
rental property and previously approved by the Bankruptcy Court has defaulted. Debtor has
identified a potential new purchaser and an updated appraisal has been ordered. In the event a
purchase agreement is reached with a new purchaser during these Chapter 11 proceedings, approval
of same will be sought and if approved, upon closing, this claim will be satisfied in full. In the event
a sale occurs after termination of these proceedings, at the closing of said sale this claim will be
satisfied in full.
...

IN RE: JAMES N. TUREK, CASE NO. 02-20411-PCY5 CHAPTER 11 Debtor.
...

Dated this 27th day of January, 2005.
/s/ C. Edwin Rude, Jr.
C. EDWIN RUDE, JR.
Florida Bar No. 0157985
322 McDaniel Street
Tallahassee, Florida 32303-6249
Telephone (850) 224-2422
Facsimile (850) 224-0762