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Bill Bookout From: Ashker, Terrill K. [[email protected]] Sent: Monday, January 24, 2011 10:35 AM To: Bill Bookout Cc: Coakley, Linda M. (PCR); Mendoza, Carlos G.; Mckeehan, Christopher S.; Hedgespeth, Grady; Garcia, Ruben R. Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL 1/24/2011 Mr. Bookout: In response to your email addressed to Ms. Coakley and other SBA officials, any and all disputes you may have concerning the servicing of your loan must be resolved between you and your lender, Pacific Capital Bank. Terrill K. Ashker Fresno District Counsel (Acting) From: Bill Bookout [mailto:[email protected]] Sent: Friday, January 21, 2011 1:41 PM To: Mendoza, Carlos G. Cc: SBA National Ombudsman; [email protected]; [email protected]; [email protected]; Coakley, Linda M. (PCR); Garcia, Ruben R.; Hedgespeth, Grady; Mckeehan, Christopher S.; [email protected]; [email protected]; [email protected]; Mendoza, Carlos G.; Ashker, Terrill K.; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; 'Kelley McCord'; [email protected]; "'[email protected].'"; Mckeehan, Christopher S. Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL January 21, 2011 U. S. Small Business Administration US Small Business Administration 2719 N Air Fresno Dr # 107 409 3rd St, SW Fresno, CA 93727-1547 Washington DC 20416 (559) 487-5791 Dear Linda Coakley, Carlos Mendoza, Ruben Garcia, Grady Hedgespeth and Christopher S. Mckeehan RE: complaint below to the Office of the Comptroller of the Currency Case # 01394465. RE: Mr. Terrill k. Ashker email December 20, 2010 in his attempt to see that Pacific Capital Bank works out the Mistakes/Fraud made in this SBA loan # PLP 664-196-4009 It is now time for a response from the SBA in regards to the actions by Pacific Capital Bank in not properly Amortizing this SBA Loan! Pacific Capital Banks Breach of Contract and Bank Fraud! Please provide a written response to Pacific Capital Banks actions as acknowledge by the SBA! All Pacific Capital Banks documents are seen at www.pacificcapitalbankquestions.com Sincerely Bill Bookout Oceano Nursery Pismo Beach Dive Shop Plumerias Garden and Gifts ------------------------------------------------------------------------------------------------------------- From: Ashker, Terrill K. [mailto:[email protected]] Sent: Monday, December 20, 2010 9:14 AM To: Bill Bookout; [email protected] Cc: SBA National Ombudsman; [email protected]; [email protected]; Coakley, Linda M. (PCR); [email protected]; Mckeehan,

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Bill Bookout

From: Ashker, Terrill K. [[email protected]]

Sent: Monday, January 24, 2011 10:35 AM

To: Bill Bookout

Cc: Coakley, Linda M. (PCR); Mendoza, Carlos G.; Mckeehan, Christopher S.; Hedgespeth, Grady; Garcia, Ruben R.

Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL

1/24/2011

Mr. Bookout: In response to your email addressed to Ms. Coakley and other SBA officials, any and all disputes you may have concerning the servicing of your loan must be resolved between you and your lender, Pacific Capital Bank. Terrill K. Ashker Fresno District Counsel (Acting)

From: Bill Bookout [mailto:[email protected]]

Sent: Friday, January 21, 2011 1:41 PM To: Mendoza, Carlos G.

Cc: SBA National Ombudsman; [email protected]; [email protected]; [email protected]; Coakley, Linda M. (PCR); Garcia, Ruben R.; Hedgespeth, Grady; Mckeehan, Christopher S.; [email protected]; [email protected]; [email protected];

Mendoza, Carlos G.; Ashker, Terrill K.; [email protected]; [email protected]; [email protected];

[email protected]; [email protected]; 'Kelley McCord'; [email protected]; "'[email protected].'"; Mckeehan, Christopher S.

Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL January 21, 2011 U. S. Small Business Administration US Small Business Administration 2719 N Air Fresno Dr # 107 409 3rd St, SW Fresno, CA 93727-1547 Washington DC 20416 (559) 487-5791 Dear Linda Coakley, Carlos Mendoza, Ruben Garcia, Grady Hedgespeth and Christopher S. Mckeehan RE: complaint below to the Office of the Comptroller of the Currency Case # 01394465. RE: Mr. Terrill k. Ashker email December 20, 2010 in his attempt to see that Pacific Capital Bank works out the Mistakes/Fraud made in this SBA loan # PLP 664-196-4009 It is now time for a response from the SBA in regards to the actions by Pacific Capital Bank in not properly Amortizing this SBA Loan! Pacific Capital Banks Breach of Contract and Bank Fraud! Please provide a written response to Pacific Capital Banks actions as acknowledge by the SBA! All Pacific Capital Banks documents are seen at www.pacificcapitalbankquestions.com Sincerely Bill Bookout Oceano Nursery Pismo Beach Dive Shop Plumerias Garden and Gifts ------------------------------------------------------------------------------------------------------------- From: Ashker, Terrill K. [mailto:[email protected]]

Sent: Monday, December 20, 2010 9:14 AM To: Bill Bookout; [email protected]

Cc: SBA National Ombudsman; [email protected]; [email protected]; Coakley, Linda M. (PCR); [email protected]; Mckeehan,

Christopher S.; Garcia, Ruben R.; Hedgespeth, Grady; Vigil, Anthony J.; [email protected];

[email protected] Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan Mr. Bookout: Once again please be advised that any issues you may have concerning your SBA-guaranteed loan must be resolved between you and your lender. Terrill K. Ashker Fresno District Counsel (Acting) ----------------------------------------------------------------------------------------------------------------

From: Bill Bookout [mailto:[email protected]] Sent: Friday, January 21, 2011 11:35 AM

To: '[email protected]' Cc: '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]';

'[email protected]'; '[email protected]'; '[email protected]'; '[email protected]';

'[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]';

'[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; 'Kelley McCord'

Subject: Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL January 21, 2011 Office of the Comptroller of the Currency Case # 01394465 1301 McKinney Street, Suite 3450 Houston, Texas 77010-9050 Fax # 713-336-4301 Re: Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL Attached is the last Amortization Schedule provided by Pacific Capital Bank/First Bank of San Luis Obispo February 5, 2005. This Amortization Schedule shows many mistakes that have been made by Pacific Capital Bank since July 2, 2007! Please add this to my Office of the Comptroller of the Currency Case # 01394465 complaint against Pacific Capital Bank as Pacific Capital Bank refuses to provide an Amortization Schedule as seen in this George C. Lazar email January 4, 2011! George C. Lazar States : “(An amortization schedule is not information the Bank is required to provide you.)” George C. Lazar in his email December 30, 2010 below stated: (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".) Office of the Comptroller of the Currency Case # 01394465—How are California Banks now allowed to ignore Amortization Schedules and no longer are required to provide Amortization Schedules to their SBA Loan Customers? Sincerely Bill Bookout

1/24/2011

1/24/2011

1/24/2011

---------------------------------------------------------------------------------------------------------------------------------------- From: George C. Lazar [mailto:[email protected]]

Sent: Tuesday, January 04, 2011 4:36 PM To: [email protected]

Subject: Pacific Capital Bank Mr. Bookout: I received your voicemail message of this afternoon asking for a return call. I will not be returning your call, because you advised me last week that you felt you had the right to record any telephone conversation, whether or not I consented. (As previous communications have made clear, neither I nor anybody at Pacific Capital Bank consents to being recorded.) Also, since, as you

made clear in our call of December 31st, you are recording any calls to play to the national media, I do not consent to any use you make of the phone conversations you may have already recorded. I will, of course, respond to any written communications. However, as I have previously advised you, I will not be providing any substantive responses until such time as you agree, in writing, that you will communicate exclusively with me for the purpose of communicating to Pacific Capital Bank regarding your loan. You have persisted in your efforts to involve other Bank employees in this matter. As a result, I remain unwilling to provide you any information that the Bank is not required to provide you. (An amortization schedule is not information the Bank is required to provide you.) If there is anything further at this time, please let me know, in writing. George C. Lazar FOX JOHNS LAZAR PEKIN & WEXLER, APC 525 B Street, Suite 1500 San Diego, California 92101-4417 Tel: 619.595.7187 Toll Free: 877.272.3734 Mobile: 619.823.7375 Fax: 877.227.0150 email: [email protected] THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS. ------------------------------------------------------------------------------------------------ From: George C. Lazar [mailto:[email protected]] Sent: Thursday, December 30, 2010 6:31 AM

To: [email protected]

Subject: Your call of yesterday Mr. Bookout: This email is to confirm our discussion of yesterday. First of all, you indicated that you were planning on filing a complaint against me with the State Bar of California and asked for my bar number. I directed you to the website of the State Bar of California (calbar.org) which will provied you with all the information you need. Second, you asked for an amortization schedule. As I indicated in my email of last week, I will provide information on your agreement that you will communicate only with me, rather than sending emails to a number of persons at Pacific Capital Bank. As you have not made that agreement, I do not feel that any further response is necessary. I believe that the request that you communicate with me is reasonable and necessary, and we will insist on that condition. (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".) Finally, as I indicated last week in an email message, I am out of the office. I will be checking emails in the event of an emergency. Otherwise, I will be back in the office on Monday, the 3rd, in the event there is anything further. George C. Lazar

1/24/2011

FOX JOHNS LAZAR PEKIN & WEXLER, APC 525 B Street, Suite 1500 San Diego, California 92101-4417 Tel: 619.595.7187 Toll Free: 877.272.3734 Fax: 877.227.0150 email: [email protected] THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS. ----------------------------------------------------------------------------------------------------------------- From: Bill Bookout [mailto:[email protected]]

Sent: Thursday, January 20, 2011 11:45 AM To: '[email protected]'

Cc: '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]';

'[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]';

'[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; 'Kelley McCord'; '[email protected]'; '[email protected]';

'[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'

Subject: RE: Pacific Capital Bank Breach of Contract-Termination of SBA/PCB Loan Agreement December 15, 2010 January 20, 2011 Office of the Comptroller of the Currency Case # 01394465 1301 McKinney Street, Suite 3450 Houston, Texas 77010-9050 Re: Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL Dear Office of the Comptroller of the Currency Case # 01394465 On January 14, 2011 Pacific Capital Bank without answering the questions asked of Pacific Capital Bank since 2007, has filed a notice of Default for $ 96,434.82. This action by Pacific Capital Bank affects all of my Pismo Beach Businesses! Please review the letter below to Pacific Capital Bank-- Sandra Sheffield January 18, 2011. Please pay attention to the Pacific Capital Banks emails from George C. Lazar January 10, 2011 and January 12, 2011! George C. Lazars states on January 10, 2011 regarding the Questions asked of the Office of the Comptroller of the Currency Case # 01394465 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.” Pacific Capital Banks actions in 2007 are the main cause of Oceano Nursery closing as seen in documents/letters presented to the Office of the Comptroller of the Currency, SBA and the FDIC Case # 01394465. (www.occquestions.com ) Please review these documents at www.pacificcapitalbankquestions.com Pacific Capital Bank has Breached the January 2, 2007 Forbearance and workout agreement causing many financial hardships on my businesses as seen below with PCB improperly charging Attorney fees and improperly amortizing my SBA Loan since 2007! Please see that Pacific Capital Bancorp immediately answers all of the questions asked of Pacific Capital Bank Below! Pacific Capital Banks actions are now public record and I am asking for the News Media and my Customers help in seeing that my questions asked of Pacific Capital Bank are immediately answered! Please see that Pacific Capital Bank breaks down their notice of default January 14, 2011 of $96,434.82! Sincerely Bill Bookout Plumerias Garden and Gifts Pismo Beach Dive Shop Oceano Nursery SBA Loan # PLP 664-196-4009

1/24/2011

� From: Bill Bookout [mailto:[email protected]] Sent: Tuesday, January 18, 2011 7:40 AM

To: Sandra Sheffield Cc: [email protected]; [email protected]; [email protected]; Kelley McCord; [email protected];

[email protected]; [email protected]; Carol Zepke; Debbie Whiteley; [email protected];

[email protected]; [email protected]' Subject: RE: Pacific Capital Bank Breach of Contract-Termination of SBA/PCB Loan Agreement December 15, 2010 January 18, 2011 Sandra Sheffield, Vice President-----Office of the Comptroller of the Currency Case # 01394465 SBA Credit Administration Pacific Capital Bank 591 Camino de la Reina, Suite 1010 San Diego, CA. 92108-3112 619.260.4483 office Dear Mrs. Sheffield, Re: Questions asked of Pacific Capital Bank----Pacific Capital Banks---Breach of Contract from 2007 to present! Pacific Capital Banks, termination of loan agreement on December 15, 2010. George C. Lazars acknowledgement of PCB mistakes made by Pacific Capital Bank, as he states January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.” Sandra Sheffield, Pacific Capital Bank is aware of the mistakes made by Pacific Capital Bank as acknowledged by Mr. Lazar! Please see that all questions asked below of Mr. Carl B. Webb and Mr. George S. Leis and You are answered by an Officer of Pacific Capital Bancorp! All communication with George C. Lazar has ended per his email January 10, 2011! All Pacific Capital Banks documents and communication are seen at www.pacificcapitalbankquestions.com -- www.fdicquestions.com and www.occquestions.com It is unfortunate that Pacific Capital Bank on December 15, 2010 would make a demand by January 6, 2011, ignoring my Complaints and questions asked of Pacific Capital Bank! Pacific Capital Bank to date has been unable to Account for their Demand made on December 15, 2010. This demand and mistakes, has caused the foreclosure sale in Pismo Beach with inventory marked down 50% off to meet Pacific Capital Banks demand of December 15, 2010! Please see that all questions asked are answered by Pacific Capital Bank within 48 Hours! Sandra Sheffield, Mr. Carl B. Webb and Mr. George S. Leis-----Why has Pacific Capital Bank Breached, the 2007 forbearance agreement and raised my SBA Loan debt with Pacific Capital Bank from $453,969.99 to $472,941.00? This action or mistake ($18,971.01) by Pacific Capital Bank goes against the 2007 forbearance and workout agreement! This

Contract was prepared by Mr. Lazar for Pacific Capital Bank-----P. 6 b. of the 2007 Forbearance and Workout Agreements States:

Sandra Sheffield, Mr. Carl B. Webb and Mr. George S. Leis, why did Pacific Capital Bank not properly Amortize my SBA Loan as stated in ( i. ) above? How did Pacific Capital Bank come up with an additional $18, 971.01 to ad to my SBA loan? Mr. Lazar has been unable to answer this question!

1/24/2011

Sandra Sheffield, Mr. Carl B. Webb and Mr. George S. Leis-----Why does Pacific Capital Bank charge Attorney fees after the 2007 forbearance and workout agreement? This action or mistake goes against this 2007 Forbearance and Workout Agreement! Please see that Pacific Capital Bank provides a detailed “Bill of Particulars” related to all Attorney fees and costs claimed by Pacific Capital Bank from 2007 to present! George C. Lazars Attorney legal fees 2007 (Breach of Contract) invoices from August 22, 2007 for $1,078.45--September 13, 2007 for $850.00—September 25, 2007 from Borrowers Deposit of $518.00 and October 1, 2007 of $25.00, that have been charged? Pacific Capital Bank legal costs should not occur after the Sandra Sheffield’s signed forbearance agreement July 2, 2007! Please review P. 4 forbearance and workout agreement Paragraph D.! George C. Lazar stated in this forbearance agreement signed by Sandra Sheffield! “In the event that funds remain in the Suspense Account after payment of all obligations specified in subsections (B) and (C), the balance will be returned to Borrower and account closed.”

Sandra Sheffield, Mr. Carl B. Webb and Mr. George S. Leis, please explain P. 11 of this 2007 Forbearance and Workout Agreement as there has been no litigation or prevailing party? This Breach of Contract should not be legal with a SBA loan! This money should have been available to further my Oceano Nursery Business! Why would Pacific Capital Bank use my business working capital in this manner? This money could have been used for my 631 Lake Street Mortgage; that Pacific Capital Bank would not allow to be sold in a short sale per December 15, 2010 letter from George C. Lazar!

Sandra Sheffield, Mr. Carl B. Webb and Mr. George S. Leis-----Please explain Pacific Capital Banks actions on P. 4 of the 2007 Forbearance and Workout Agreement # 3 A. Modified Payment “A. Borrower will be entitled to make monthly payments of principal and interest (the “Modified Payment Amount”) based upon a contingent interest rate of six percent (6%) per annum Bank ( the “Contingent Interest Rate”) rather than the Note rate of interest. The Modified Payment Amount will be calculated so as to amortize payment of the outstanding principal and current unpaid interest (after application of the funds from the Suspense Account) at the contingent Interest Rate over the remaining life of the loan. Only so long as there is no default under this Agreement or any of the Applicable Loan Documents will Borrower be able to make payments at the Modified Payment Amount. The maturity date for the Note shall not be modified by this Agreement.” How did Pacific Capital Bank come up with a Modified Payment Amount?

1/24/2011

Sandra Sheffield, Mr. Carl B. Webb and Mr. George S. Leis--------Pacific Capital Banks Breaches of Contract in the 2007 Forbearance Agreement have, not been resolved since first questioned in July 2007! Specifically Paragraph 2. B i. “$22,274.46 to pay the monthly principal and interest payments owing on Note for the earliest five past due monthly payments ( May, 2006, June, 2006 July 2006, August 2006 and September, 2006). Pacific Capital Bank on September 13, 2010 has prepared a “Lender’s Transcript of Account” showing this PCB Breach of Contract! Pacific Capital Bank shows their Breach of Contract in the 2007, 2008 and 2009 IRS 1098 forms provided at the end of these years! Is this normal business practices for Pacific Capital Bancorp? Please explain why this $22,274.66 was not properly applied to my SBA loan, per the 2007 Forbearance Agreement prepared by PCB? Please immediately return the $25,924.80 charged by Pacific Capital Bank for their Breach of Contract in this SBA loan in 2007!

Sandra Sheffield, Mr. Carl B. Webb and Mr. George S. Leis--------Why has Pacific Capital Bank under Payment Terms not annually adjusted my SBA loan per SBA Form 147 Signed October 6, 2003? Pacific Capital Bank States: “Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note.” This Breach of Contract since 2007 has had a Major Impact on my businesses! Please review George C. Lazars Demands in his December 15, 2010 letter stating (Default under Forbearance and Workout Agreement) Mr. George C. Lazar claims that the monthly payment is $4,121.00! Mr. George C. Lazar requests within (15) Business days $96,228.27! How did Pacific Capital Bank come up with $96,228.27? How did Pacific Capital Bank come up with a fixed monthly mortgage of $4,121.00?

1/24/2011

Sandra Sheffield, Mr. Carl B. Webb and Mr. George S. Leis ----How is Pacific Capital Bank allowed to charge Late fees of $206.50 reported in the 1098 IRS 1098 form for 2009-2010? Please review Loan Amortization Schedule below in which Pacific Capital Bank adds $18, 971.01 to this SBA Loan after the 2007 Forbearance and Workout Agreement! Why is Pacific Capital Bank adding Appraisal Fees to my 1098 form for Breach of Contract mistakes made by Pacific Capital Bank?

Sandra Sheffield, Mr. Carl B. Webb and Mr. George S. Leis ----Please review George C. Lazars Demands in his December 15, 2010 letter with Pacific Capital Bank Terminating this 2007 Forbearance and Workout Agreement! Mr. George C. Lazar claims that the monthly payment is $4,121.00! Mr. George C. Lazar requests within (15) Business days $96,228.27 and has threatened me with foreclosure knowing that Pacific Capital Bank has Breached this 2007 Forbearance and Workout Agreement along with the SBA Note! How did Pacific Capital Bank come up with $96,228.27? How did Pacific Capital Bank come up with a fixed monthly mortgage of $4,121.00?

1/24/2011

Sandra Sheffield, Mr. Carl B. Webb and Mr. George S. Leis ----Please respond to all questions asked of Pacific Capital Bank within 48 hours! George C. Lazar has stated January 12, 2011 “With regard to any requests for comment on matters you have place on the Internet, or in your written materials, Pacific Capital Bank will not respond to those requests. Silence is not to be deemed agreement that your materials are accurate.” ----Pacific Capital Banks, silence in the Materials-Contracts and Agreements attached above and now seen on the Internet, show the Pacific Capital Bank Breach of Contract----since 2007 to be Accurate!

1/24/2011

Again, I am here to talk with any Pacific Capital Bank Officer to work out the PCB Breach of Contract made by Pacific Capital Bank! If after 48 hours; Pacific Capital Bank is unable to answer all questions asked of Pacific Capital Bank. It will be acknowledged that Pacific Capital Bank Breached all Pacific Capital Banks documents in this SBA loan as attached and noted above since 2007! I am open to all PCB proposals to correct these problems made by Pacific Capital Bank! Sincerely Bill Bookout

1/24/2011