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ASSIGNMENT OF ENTIRE PRACEEDS ~
~ AND JUDGMENT
WHEREAS, on or- about January 10, 1974 a transaction arose
concerning certain properties in which North Trail Golf Club, Inc.
was the purchaser and an Agreement was entered in~o ~,ertaining to
commissions due brokers involved in the sale in an amount of ap-
proximately $119,465.00 as of December 20, 1973. On December 20, 1973
the unpaid obligation of the brokerage was established by the attorney
for North Trail Golf Club, Inc. as being in the amount of $119,465.00,
less certain deductions showing that on December 20, 1973 the then
remaining balance appeared to be $102,703.78; that it was agreed
among the brokers that 3096 of the brokerage belonged to Guardian
Realty Corp., 30°~6 to Miami Realty and 4096 to Anthony Dolzik; that
Guardian's interest therefore amounted to 30% of all sums paid and to
be paid, and
WHEREAS, Guardian Realty Corp. and its principals, Archie Struhl
and Melvin J. Haber, being the sole stockholders and, in fact, the
owners of the corporation which was the alter ego of Messrs. Haber
and Struhl, assigned to Milton R. Wasman in payment for attorney's
fees then due and owing all of the interest of the individuals and
the corporation, Guardian Realty Corp., in the said commission. A
copy of the January 10, 1974 computations is attached hereto, identi-
fied as "A". A copy ~f the Assignment of Archie Struhl, Melvin J.
Hal~er for and on behalf of Guardian Realty Corp. and Archie Struhl,
irdividually as broker, and Melvin J. Haber, individually, is attached
hereto and made a part hereof and identified as "B"; that subsequent
thereto Guardian Realty Corp. was placed in a receivership and a
contest arose as to the distribution of the 30'~6 pr.oceeds due and owing
to Guardian Realty Corp. and/or Messrs. Haber and Struhl and appropriate
litigation was instituted in the Circuit Court in and for St. Lucie
County, Florida, being case No. 77-314-CA, entitled "North Trail Golf
Club, Inc., a Florida corporation v. Guardian Realty Corporation and
Milton R. Wasman, at which time an Interpleader was filed and certain
proceeds were placed in the'Registry of the Court, the balance of
which the assignor, Milton R. Wasman, represents to be $5,000.00 as
of this date, subject to the lien of Gerald S. James as attorney, fo r
~ services rendered, and
€ WHEREAS, in a contest in which the Receiver had filed objections
~ on the grounds of failure of consideration, the Court entered an
4 Order granting Partial Summary Judgment on October 10, 1977 validating
~ the execution, delivery and priority of the Assignment of the commis5ion
~ due to Milton R. Wasman and leaving only the issues relating to the sums
~ of monies covered in the Assign.ment- and issue of failure of consideration,
and
~ WHEREAS, on November 23, 1977 at trial the Honorable Dwight L,
~ Geiger, Circuit Judge, announced the entry of Judgment for Milton R.
~ Wasman and against Bernard L. Janis as Receiver for Guardian Realty
Corp., etc.
That the assignor herein, Milton R. Wasman, does hereby warrant,
~ represent and guarantee to the assignee that such Judgment has been
announced and will in due course be entered in written form by the
~ Judge of the Circuit Court and that the sums due and owing under said
~ Assignment approximate a minimum of $30,000.00 total, and
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WHEREAS, the assignee,BARBARA SEIVEKING, has agreed to purchase
all of the rights of Milton R. Wasman in and to the commission and all
~ of his right, title and interest in and to the Judgment announced by _
~ the Court, and
~ RECOROEO 0. R. EK. ~~8 P~~e 68E, ST. L~~c~~ Cc.
~ WHEREAS, the parties have agreed that this Assignment constitutes ~
~ an Assignment of a Judgment to be put in written form entered by the
Honorable Dwight Geirger, Circuit Judge, and recorded among the records
~ of the Circuit Court in and for St. Lucie County, Florida notwithstand-
~ ing the fact that the formalization of said document has not as of this
moment been completed. The Assignment constitutes an assignment of
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