Exhibit 10.9
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LOAN AND COLLATERAL SCHEDULE NO.002
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Reference No. 0001786
THIS LOAN AND COLLATERAL SCHEDULE ("Schedule") is executed pursuant to
that certain Loan and Security Agreement (the "Agreement") dated as of March 17,
1998, between DVI Financial Services Inc. ("Secured Party") and Howard
Silverman, as assignee of True Vision Laser Center of Albuquerque, Inc.
("Debtor").
1. Incorporation by Reference.
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The Agreement is fully incorporated herein by reference. All
capitalized terms not otherwise defined herein shall have the meanings set forth
therefore in Agreement.
2. Description of Collateral.
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In consideration of the terms and conditions of the Agreement, and of
this Schedule, Secured Party has concurrently herewith made a cash Advance to
Debtor on the security of the Collateral described on Exhibit "A" attached
hereto and made a part hereof, together with all parts, accessories,
attachments, accessions, additions, replacements, and substitutions thereto and
therefore.
3. Amount of Advance.
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The total amount of the Advance pursuant to this Schedule is
$163,616.00.
4. Term.
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The Term for the Monthly Loan Repayments of the advance made pursuant
to this Schedule shall commence on the date set forth below in Section 5, and
unless earlier terminated as provided for in the Agreement shall continue for a
period of 30 months.
5. Monthly Loan Repayments.
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As Monthly Loan Repayments of the Advance made under this Schedule,
Debtor agrees to pay Secured Party the sum of $185,596.00, payable, in
successive monthly installments of: 30 payments of $6,186.55 beginning on June
____,2001 And continuing on the same day of each month thereafter until paid in
full. In the event there is an increase in the thirty-one (31) month Treasury
Note rate from the rate quoted in the proposal/commitment letter to the rate in
effect on the date this Schedule funds, then Secured Party reserves the right to
increase the Monthly Loan Repayment amount by the same rate of increase. Monthly
Loan Repayments will be made to Secured Party as follows:
10.9 - 1
DVI Financial Services Inc.
2500 York Road
Jamison, PA 18929
S:\SHARED\DOCUMENT\DS NAVARRO\Dr. Howard Silverman\Loan & Collateral
Schedule.dot
251-488-5000
251-488-5408 (fax)
6. Duty To Pay Absolute
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Until the Debtors obligation to make Monthly Loan Repayments has been
terminated as provided for herein, it shall be absolute, unconditional, and
without deduction, offset, or abatement for any reason ,and shall continue in
full force and effect regardless of Debtor's ability to use any item of
Collateral for any reason.
7. Collateral Location,
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The Collateral shall be located at 6646 Indian School Road
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(Street)
Albuquerque Bernalillo NM 87110
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(City) (County) (State) (Zip)
8. No Novation.
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This Schedule is given in replacement for but not in replacement of the
Certain Loan and Collateral Schedule No. 001 dated March 17, 1998 (the "Prior
Schedule"). Nothing contained herein shall be deemed to constitute a novation,
satisfaction, termination or release of Debtor'
DATED: May______, 2001
DEBTOR: SECURED PARTY:
DVI FINANCIAL SERVICES INC.
__________________________ By:_________________________________
HOWARD SILVERMAN ___________________________________
(Print Name)
Its:_________________________________
(Title)
Address: Address:
2618 South Beverly Drive 2500 York Road
Los Angeles, CA 90034 Jamison, PA 18929
215-488-5000
215-488-5408 (fax)
Revised 11/99
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Schedule.dot
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