LEO D. PLOTKIN (SBN 101893) JOHN P. MERTENS (SBN 252762) LEVY, SMALL & LALLAS JS-6 A Partnership Including Professional Corporations 815 Moraga Drive Los Angeles, California 90049-1633 Telephone: (310) 471-3000 Facsimile: (310) 471-7990 Attorneys for Plaintiff HSBC BANK, USA, National Association, as Indenture Trustee for the benefit of the Noteholders, the Hedge Counterparty and the Certificateholders of Business Loan Express Business Loan Trust 2007-A
JUDGMENT BY SUMMARY JUDGMENT, JUDGMENT OF FORECLOSURE AND ORDER OF SALE
The Court has read and considered the Motion for Summary Judgment (the "MSJ") filed by plaintiff HSBC Bank, USA, National Association, as Indenture Trustee for the benefit of the Noteholders, the Hedge Counterparty and the Certificateholders of Business Loan Express Business Loan Trust 2007-A ("HSBC as Trustee"), as well as the evidence submitted in support thereof. All defendants have filed Notices of Non-Opposition to the Motion for Summary Judgment. . See Docket Nos. 73-75.
The Court deems this matter appropriate for decision without oral argument, and therefore vacates the July 11, 2011, hearing in this matter. See Fed. R. Civ. P. 78; Local Rule 7-15.
All the requirements for summary judgment as set forth in Federal Rule of Civil Procedure ("Rule") 56 have been met, and there is no genuine dispute as to any material fact; thus, HSBC as Trustee is entitled to judgment as a matter of law.
ACCORDINGLY, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1. HSBC as Trustee shall have judgment against ZNM Holdings, Inc. ("ZNM"), M. Sikder Holdings, Inc., Sikder Incorporated, ZMS, Inc. and Dipu Haque (the "Guarantors"), and the US Small Business Administration ("SBA") and Grady Hanshaw ("Hanshaw" and together with the SBA the "Junior Lienholders" and together with the SBA, the Guarantors and ZNM, the "Defendants"), as herein provided.
2. Guarantors, and each of them, jointly and severally, are indebted to HSBC as Trustee in the following sums:
(a) Principal, accrued interest, late fees, attorney's fees and costs and other chargeable expenses incurred as of February 28, 2011, in the total amount of $1,052,705.88;
(b) Interest accruing from and after March 1, 2011 at the daily rate of $224.27 through the date of entry of the Judgment;
(c) Actual costs of foreclosure and sale hereunder; and
(d) Interest on the amounts set forth in subparagraphs (a) through
(c) above (which together shall be referred to hereinafter as the "Indebtedness") at the rate of 10% per annum from the date of entry of the Judgment.
3. All rights, claims, ownership, liens, titles and demands of any or all of the Defendants to the Trust Estate (defined below) are subsequent to and subject to the liens of HSBC as Trustee as assignee and real party in interest with respect to the written Leasehold Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing dated May 25, 2006 and recorded in the Official Records of Orange County, California on June 9, 2006 (the "Trust Deed") whereby ZNM conveyed its interest in the Trust Estate to W. David Jenkins, as trustee, for the benefit of BLX Capital, LLC, as beneficiary.
4. The Trust Deed shall be foreclosed and the real and personal property hereinafter described shall be sold in the manner prescribed by law, by the Sheriff of Orange County or the United States Marshall ("Officer"), on proper application for the issuance of a ...