|April 24, 2007
AMENDED CLERK'S JUDGMENT in favor of Petitioners against Respondents. IT IS ORDERED AND ADJUDGED the Corrected Final Decision and Award of Arbitrator (Award), as set forth in pages 000113 through 0001588 of Exhibit 5 to the Amended Petition to C onfirm Arbitration Award, is deemed attached to this Amended Judgment and incorporated by reference. The Award is CONFIRMED. IT IS FURTHER ORDERED AND ADJUDGED THAT: (1) Respondent Mohamed is liable to Banc of America Strategic Solutions, Inc. (BASS I) in the amount of $1,830,769.70;(2) Petitioner BASSI has a valid and perfected security interest in Respondent Mohamed's general intangibles owned at any time since execution of the 1987 Security Agreement;(3) Petitioner BASSI has a valid and perfected security interest in Respondent Mohamed's machinery and equipment owned at any time since execution of the 1987 Security Agreement;(4) Petitioner BASSI is entitled to a writ of possession of all of Respondent Mohamed's invent ory, receivables, and machinery and equipment, including but not limited to all items listed on Exhibit 1 to the Award, except items 2, 13, 14, 32, 36, 37, 38, 39, 46 and 62;(5) Petitioner BASSI is entitled to a writ of possession of 176 pieces or 5, 280 lineal feet of 10" gated aluminum pipe, 417 pieces or 16,680 lineal feet of 10" mainline irrigation pipe, and 12,071 pieces or 362,130 lineal feet of 3" x 30' sprinkler pipe with risers;(6) Petitioner BASSI is entitled to a tu rnover order in aid of execution for the personal property, as set forth in the Award;(7) Respondent Salico Farms, Inc. Is liable to BASSI in the amount of $1,830,769.70;(8) Respondent 4M Farms, Inc. is liable to BASSI in the amount of $1,8 30,769.70;(9) Cross-Petitioner Mohamed shall take nothing on his Cross-Claims against BASSI and Bank of America; and(10) BASSI and Bank of America are the prevailing parties in the arbitration. (aje) Modified on 4/25/2007 to correct punctuation(aje).(bar, ).