4S Development, LTD. PO Box 416 Hayden, CO 81639 ‘Mir. Mick Thompson, Commissioner February 12, 2009, (Oklahoma State Banking Department 2900 N. Lincoln Boulevard (Oklahoma City, OK 73105 Re: First State Bank of Altus Complaint Dear Mr. Thompson, lam asking you to help us resolve unauthorized payments from our checking account that FSB Altus made. We have any issues with FSB Altus and I expect to send those to you in the next couple days. This request however, is simply that FSB Altus return to 4S Development, LTD the amount of $76,677.36 (two checks) that FSB ‘Altus paid out on checks that were not signed by authorized signers on 4S Development's account. 45 Development LTD had an active account with FSB Altus with signature cards authorizing myself, Shane Sills, Mark Sills, and Ron sills to sign on the account. The checks we are asking to have repaid were not signed by any of the authorized signatures. They were signed by Don Anderson and Bill Grissom. FSB Altus has been reckless and irresponsible in their banking practices. This return of funds is a ‘management issue. FSB Altus had their attorney respond to our attorney in our Chapter 11, Bankruptcy case. This is not handled by the bankruptcy court and our attorney does not represent us in this matter. As a General Partner for 45 Development | am managing the company. In addition to the Oklahoma State Complaint form | have attached the following documents for your review: 1 Letter to FSB Altus requesting that they return the funds to 4S. a. Check #5075 issued to Robinson Construction for $75,832.36 was signed by Don Anderson nota signer on the account), and incorrectly paid by FSB Altus on January 16, 2007. b. Check #5061 issued to MAPI for $845.00 was signed by Bill Grissom (not a signer on the account), and paid by FS8 Altus on February 20, 2007 2. 4S Development LTD signature cards a. Original account paperwork . Email from Paul Doughty asking Ron Sills to make sure they received the “Partnership Resolution of Authority” ©. “Partnership Resolution of Authority” showing Ron Sills, Mark Sills and Shane Sills as ‘authorized signers. 3 FSB Altus response by their attorney involved in our Chapter 11 Bankruptcy case. Please see my notes highlighted. FSB response appears to us to state that they had the authority to make ‘management and financial decisions for 4S Development LTD. ‘These checks totaling $76,677.36 should never have been honored by FSB Altus, were not authorized by 45 Development, and must be paid to 45 Development LTD. We ask that the funds be replaced into our current DIP account. Routing # 121 000 248, Account# 6350 1158 27 Please contact me with your questions. You can also speak with my assistant Alison Strauss about this matter. She can be reached at 435-640-8073, sctfully 7) Ame Dt shite sis, 976619-8157 General Partner, 45 Development LTDCONSUMER REPORT INSTRUCTIONS: Please answer all questions as completely as possible. ATTACH ADDITIONAL SHEETS OF PAPER WHEN NECESSARY. Provide COPIES of any documents or other materials you think may aid in the investigation of tis report and RETAIN ORIGINALS for your own use. After completing this form, return itt: MICK THOMPSON, Commissioner Oklahoma State Banking Department 2900 N. Lincoln Boulevard Oklahoma City, Oklahoma 73105 pare_2-|2-- 2009 A. Information about you; wwwe_Shane Sills General Partner 48 Developmeht LTD ADDRESS, 5 alestanda er AY cry. Latege tte me _CA nw _IY9 HI) 2{D- 807% TELEPHONE NUMBER, EMAIL ADDRESS___ 5 Lcom and Y5genera fagns dea B, Information about the financial institution: name__FSB /A/tus appress__72/_ AV M)ain on_lhec srave_OX zir_73 TAD revernone Number <3 482 - 6/00 C. Ona separate sheet(s) of paper, describe the events leading up to filing this report, using specific dates and locations whenever possible. See atached 1, What response have you had from the financial institution in trying to resolve this matter on your own? ee through Chl tly 2. Loller “ac the ath, asicatl4 5 fo pay checks withou authorized oHres KAbb “His nae te Me hin hand bed buy an 7, teas A Alo con yooadvis Us 6f el) we can Lanfack if kyuited ? Tunke‘What do you desire as a fair and equitable solution to this matter’? Lepa of the tin try buy Acchont ved ball Have you contacted a private attorney? Yatdias Apis bpafe’ If so, give full name, address and telephone number: Have you filed a lawsuit with regard to this matter’, If so, in what county was the lawsuit fled? HH. Give names and address of any witnesses to the events you have described. o, 1 920 #B S/9- 3951 oily Svlhas 3/0 db) -/94le o. 91) 219- 5/dd— |. May a copy of this report be seat tothe financial institution that isthe subject of this report? se Note: Ife cannot send a is report to. institution for response, we cannot pros NOTICE The primary purpose of the complaint procedure is to assist consumers in obtaining a formal response from a financial institution under the jurisdiction of the Department. Ifthe undisputed facts indicate that an institution has violated state or federal law with respect to the complaining party, the Commissioner may notify both the complaining party and the institution and recommend a resolution to the complaint Your relationship with your financial institution is ordinarily based on a contract (such as a deposit agreement or promissory note) and the contract often must be enforced by a court. The Banking Commissioner does not have Jurisdiction to decide questions of fact raised by the parties to a complaint and the Commissioner does not have authority ‘io enforce, interpret, or avoid the provisions of a contract between the parties to a complaint. The Banking Department ‘also cannot force a financial institution to settle a private dispute with a consumer. While the Banking Department may be able to provide you a description of, or citation to, applicable law, we cannot give “you any binding legal opinions or act as your personai attorney. Therefore, if you desire formal legal advice, we suggest Sou consider contacting a private attorney to discuss your complaint in addition to fling this report. L understand that the Oklahoma State Banking Department does not conduct litigation for individuals in matters which are purely private controversies. The events described in this report are as accurate as I can recall. I am filing this report for the purposes of notifying your office of the alleged activities of the financial institution, and request any assistance your office can render. Signature Date of Form: Octobe, 2008 2