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BAPTIST FOUNDATION OF ARIZONA ARIZONA’S ENRON CALLED ONE OF LARGEST AFFINITY FRAUDS AND THE LARGEST NON-PROFIT BANKRUPTCY IN UNITED STATES HISTORY NEARLY 100 SEPARATE LEGAL ENTITES FILED FOR BANKRUPTCY AS PART OF ITS COLLAPSE AT TIME OF BANKRUPTCY THERE WERE IN EXCESS OF 11,000 INVESTORS LOCATED IN EVERY STATE THAT WERE OWED NEARLY $600,000,000 WITH LESS THAN $250,000,000 IN IDENTIFIED ASSETS WHEN LAST DEFENDANTS WERE FINALLY SENTENCED IN FEBRUARY OF THIS YEAR IT BROUGHT TO A CONCLUSION ONE OF THE LONGEST CRIMINAL TRIALS IN ARIZONA’S HISTORY

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Page 1: Part 1

BAPTIST FOUNDATION OF ARIZONAARIZONA’S ENRON

• CALLED ONE OF LARGEST AFFINITY FRAUDS AND THE LARGEST NON-PROFIT BANKRUPTCY IN UNITED STATES HISTORY

• NEARLY 100 SEPARATE LEGAL ENTITES FILED FOR BANKRUPTCY AS PART OF ITS COLLAPSE

• AT TIME OF BANKRUPTCY THERE WERE IN EXCESS OF 11,000 INVESTORS LOCATED IN EVERY STATE THAT WERE OWED NEARLY $600,000,000 WITH LESS THAN $250,000,000 IN IDENTIFIED ASSETS

• WHEN LAST DEFENDANTS WERE FINALLY SENTENCED IN FEBRUARY OF THIS YEAR IT BROUGHT TO A CONCLUSION ONE OF THE LONGEST CRIMINAL TRIALS IN ARIZONA’S HISTORY

Page 2: Part 1

BAPTIST FOUNDATION OF ARIZONAARIZONA’S ENRON

• ACC INVESTIGATION BEGAN LATE 1998• ARIZONA CORPORATION COMMISSION ISSUED

CEASE AND DESIST ORDER IN AUGUST 1999• BFA AND RELATED ENTITIES DECLARED

BANKRUPTCY IN NOVEMBER 1999• ARIZONA CORPORATION COMMISSION AND

ATTORNEY GENERAL’S OFFICE SUED ARTHUR ANDERSEN (“AA”) FOR AIDING AND ABETTING FRAUD IN JANUARY 2001

• MARCH 1, 2002 SETTLEMENT REACHED WITH AA TO PAY $217,000,000 –65-70¢ ON THE DOLLAR RETURNED TO INVESTORS

• MARCH 14, 2002 AA INDICTMENT RELATED TO ENRON WAS UNSEALED—LED TO DEMISE OF AA

Page 3: Part 1

BAPTIST FOUNDATION OF ARIZONACRIMINAL CASE

• CRIMINAL CASE INVOLVING INDICTMENTS OF FIVE DEFENDANTS AND THREE PRE-INDICTMENT PLEAS IN APRIL 2001

• REMANDED TO GRAND JURY SEPTEMBER 2002• NEW INDICTMENTS OCTOBER 2002• SIX OF EIGHT DEFENDANTS PLED BEFORE TRIAL• TWO PRINCIPALS WILLIAM CROTTS AND

THOMAS GRABINSKI WENT TO TRIAL• CRIMINAL TRIAL STARTED SEPTEMBER 2005• CROTTS AND GRABINSKI CONVICTED JULY 2006• CROTTS SENTENCED TO EIGHT YEARS,

GRABINSKI SIX YEARS AND DEARDOFF FOUR YEARS

Page 4: Part 1

BAPTIST FOUNDATION OF ARIZONA

• BETWEEN ALL CASES--MILLIONS OF PAGES OF DOCUMENTS WERE INVOLVED AND DISCLOSED

• MILLIONS OF DOLLARS WAS SPENT ON DEFENSE OF AA CASE AND BY CRIMINAL DEFENDANTS

Page 5: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

Page 6: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

BAPTIST FOUNDATION OF

ARIZONA

and its Subsidiaries

Page 7: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

BAPTIST FOUNDATION OF

ARIZONA

and its Subsidiaries

ARIZONA SOUTHERN

BAPTIST NEW CHURCH

VENTURES, INC. and its Subsidiaries

Page 8: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

BAPTIST FOUNDATION OF

ARIZONA

and its Subsidiaries

ARIZONA SOUTHERN

BAPTIST NEW CHURCH

VENTURES, INC. and its Subsidiaries

A.L.O., INC. and its

Subsidiaries

Page 9: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

BAPTIST FOUNDATION OF

ARIZONA

and its Subsidiaries

ARIZONA SOUTHERN

BAPTIST NEW CHURCH

VENTURES, INC. and its Subsidiaries

A.L.O., INC. and its

Subsidiaries

E.V.I.G., INC. and its

Subsidiaries

Page 10: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

Page 11: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

ARIZONA SOUTHERN BAPTIST CONVENTION

Page 12: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

BAPTIST FOUNDATION OF ARIZONA--

ARIZONA NOT FOR PROFIT CORPORATION INCORPORATED 1948 TO PROVIDE FINANCIAL

SUPPORT FOR SOUTHERN BAPTIST CAUSES

ARIZONA SOUTHERN BAPTIST CONVENTION

Page 13: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

BAPTIST FOUNDATION OF ARIZONA--

ARIZONA NOT FOR PROFIT CORPORATION INCORPORATED 1948 TO PROVIDE FINANCIAL

SUPPORT FOR SOUTHERN BAPTIST CAUSES

ARIZONA SOUTHERN BAPTIST CONVENTION

WILLIAM P. CROTTS,

PRESIDENT

1982

Page 14: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

BAPTIST FOUNDATION OF ARIZONA--

ARIZONA NOT FOR PROFIT CORPORATION INCORPORATED 1948 TO PROVIDE FINANCIAL

SUPPORT FOR SOUTHERN BAPTIST CAUSES

ARIZONA SOUTHERN BAPTIST CONVENTION

WILLIAM P. CROTTS,

PRESIDENTTHOMAS

GRABINSKI, GENERAL COUNSEL

1982

Page 15: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

BAPTIST FOUNDATION OF ARIZONA--

ARIZONA NOT FOR PROFIT CORPORATION INCORPORATED 1948 TO PROVIDE FINANCIAL

SUPPORT FOR SOUTHERN BAPTIST CAUSES

ARIZONA SOUTHERN BAPTIST CONVENTION

WILLIAM P. CROTTS,

PRESIDENTDONALD DEARDOFF,

CHIEF FINANCIAL OFFICER

THOMAS GRABINSKI,

GENERAL COUNSEL

1982

Page 16: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

Page 17: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

A.L.O., INC., an Arizona Corporation fka ARIZONA DISTRESSED REAL ESTATE,

INC.--Incorporated December 1988

Page 18: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

A.L.O., INC., an Arizona Corporation fka ARIZONA DISTRESSED REAL ESTATE,

INC.--Incorporated December 1988

ALO has multiple direct subsidiaries (at least 15)

many of which have subsidiaries of their own

Page 19: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

A.L.O., INC., an Arizona Corporation fka ARIZONA DISTRESSED REAL ESTATE,

INC.--Incorporated December 1988

JALMA HUNSINGER AND E.A. KUHN--Listed as officers and directors of all ALO direct subsidiaries.

ALO has multiple direct subsidiaries (at least 15)

many of which have subsidiaries of their own

Page 20: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

A.L.O., INC., an Arizona Corporation fka ARIZONA DISTRESSED REAL ESTATE,

INC.--Incorporated December 1988

JALMA HUNSINGER AND E.A. KUHN--Listed as officers and directors of all ALO direct subsidiaries.

SELECT TRADING GROUP, INC. (STG)--Arizona corporation incorporated in September

1992--Subsidiary of ALO

ALO has multiple direct subsidiaries (at least 15)

many of which have subsidiaries of their own

Page 21: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

A.L.O., INC., an Arizona Corporation fka ARIZONA DISTRESSED REAL ESTATE,

INC.--Incorporated December 1988

JALMA HUNSINGER AND E.A. KUHN--Listed as officers and directors of all ALO direct subsidiaries.

SELECT TRADING GROUP, INC. (STG)--Arizona corporation incorporated in September

1992--Subsidiary of ALO

ALO has multiple direct subsidiaries (at least 15)

many of which have subsidiaries of their own

STG has multiple direct subsidiaries (at least 15)

many of which have subsidiaries of their own

Page 22: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

A.L.O., INC., an Arizona Corporation fka ARIZONA DISTRESSED REAL ESTATE,

INC.--Incorporated December 1988

JALMA HUNSINGER AND E.A. KUHN--Listed as officers and directors of all ALO direct subsidiaries.

SELECT TRADING GROUP, INC. (STG)--Arizona corporation incorporated in September

1992--Subsidiary of ALO

HAROLD FRIEND AND JALMA HUNSINGER--

Listed as officers and directors of all STG

subsidiaries.

ALO has multiple direct subsidiaries (at least 15)

many of which have subsidiaries of their own

STG has multiple direct subsidiaries (at least 15)

many of which have subsidiaries of their own

Page 23: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

Page 24: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

ARIZONA SOUTHERN BAPTIST NEW CHURCH VENTURES, INC., An Arizona

Corporation

Page 25: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

ARIZONA SOUTHERN BAPTIST NEW CHURCH VENTURES, INC., An Arizona

Corporation

NEW CHURCH VENTURES CREDIT CORPORATION

(NCVCC)

Page 26: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

ARIZONA SOUTHERN BAPTIST NEW CHURCH VENTURES, INC., An Arizona

Corporation

NEW CHURCH VENTURES CREDIT CORPORATION

(NCVCC)

NEW CHURCH VENTURES FINANCE

CORPORATION

Page 27: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

ARIZONA SOUTHERN BAPTIST NEW CHURCH VENTURES, INC., An Arizona

Corporation

NEW CHURCH VENTURES CREDIT CORPORATION

(NCVCC)

NEW CHURCH VENTURES FINANCE

CORPORATION

NEW CHURCH VENTURES MANAGEMENT CORPORATION

Page 28: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

ARIZONA SOUTHERN BAPTIST NEW CHURCH VENTURES, INC., An Arizona

Corporation

NEW CHURCH VENTURES CREDIT CORPORATION

(NCVCC)

NEW CHURCH VENTURES FINANCE

CORPORATION

NEW CHURCH VENTURES MANAGEMENT CORPORATION

JALMA HUNSINGER, E.A. KUHN have been officers and directors since 1992 or earlier

Page 29: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

Page 30: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

E.V.I.G., INC., an Arizona Corporation--Incorporated in

May 1996

Page 31: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

E.V.I.G., INC., an Arizona Corporation--Incorporated in

May 1996

E.V.I.G. has at least three

subsidiaries

Page 32: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

E.V.I.G., INC., an Arizona Corporation--Incorporated in

May 1996

E.A. KUHN listed as shareholder, officer and

director.

E.V.I.G. has at least three

subsidiaries

Page 33: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

Page 34: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

BFA

NCV ALO

EVIG

Page 35: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

BFA

NCV ALO

EVIG

AUDITED BY AA

Page 36: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

BFA

NCV ALO

EVIG

AUDITED BY AA

Page 37: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

BFA

NCV ALO

EVIG

AUDITED BY AA

NOT AUDITED

Page 38: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

BFA

NCV ALO

EVIG

AUDITED BY AA

NOT AUDITED

Page 39: Part 1

BAPTIST FOUNDATION OF ARIZONAOVERVIEW OF PLAYERS AND ALLEGED SCHEME

BFA

NCV ALO

EVIG

ALL ENTITIES UNDER PRACTICAL CONTROL OF CROTTS, GRABINSKI and

DEARDOFF

AUDITED BY AA

NOT AUDITED

Page 40: Part 1

BAPTIST FOUNDATION OF ARIZONATHE STORY

• BAPTIST CONVENTION WANTS ORGANIZATIONS UNDER ITS UMBRELLA TO BE SELF-SUSTAINING--NOT TO HAVE LOSSES

• MID 1980’s REAL ESTATE DOWNTURN

• BFA HAD REAL PROPERTY THAT SHOULD BE WRITTEN DOWN

• SOLUTION--MOVE ASSETS OFF BOOKS OF FOUNDATION ONTO OTHER ENTITIES’ BOOKS THAT ARE NOT SUBJECT TO AUDIT

• NCV USED AS FIRST “BAD BANK”

• 1988 ALO CREATED AS NEW “BAD BANK”

• 1996 EVIG CREATED AS LAST “BAD BANK”

Page 41: Part 1

BAPTIST FOUNDATION OF ARIZONAEXAMPLE OF HOW SCHEME WOULD WORK

BFA HAS ASSET VALUED AT $1,000,000 ON BOOKS NOW

WORTH $500,000

Page 42: Part 1

BAPTIST FOUNDATION OF ARIZONAEXAMPLE OF HOW SCHEME WOULD WORK

BFA HAS ASSET VALUED AT $1,000,000 ON BOOKS NOW

WORTH $500,000

BFA SHOULD WRITE DOWN

ASSET AND RECOGNIZE $500,000 LOSS

Page 43: Part 1

BAPTIST FOUNDATION OF ARIZONAEXAMPLE OF HOW SCHEME WOULD WORK

BFA HAS ASSET VALUED AT $1,000,000 ON BOOKS NOW

WORTH $500,000

Page 44: Part 1

BAPTIST FOUNDATION OF ARIZONAEXAMPLE OF HOW SCHEME WOULD WORK

BFA HAS ASSET VALUED AT $1,000,000 ON BOOKS NOW

WORTH $500,000

ASSET TRANSFERRED TO

ALO AT BOOK VALUE--25% DOWN,

75% NOTE“SELL ASSET”

Page 45: Part 1

BAPTIST FOUNDATION OF ARIZONAEXAMPLE OF HOW SCHEME WOULD WORK

BFA HAS ASSET VALUED AT $1,000,000 ON BOOKS NOW

WORTH $500,000

ASSET TRANSFERRED TO

ALO AT BOOK VALUE--25% DOWN,

75% NOTE

$250,000 CASH and $750,000

NOTE

“SELL ASSET”

Page 46: Part 1

BAPTIST FOUNDATION OF ARIZONAEXAMPLE OF HOW SCHEME WOULD WORK

BFA HAS ASSET VALUED AT $1,000,000 ON BOOKS NOW

WORTH $500,000

ASSET TRANSFERRED TO

ALO AT BOOK VALUE--25% DOWN,

75% NOTE

NCVCC HAS INVESTORS’ FUNDS

FROM IRA INVESTMENTS

$250,000 CASH and $750,000

NOTE

“SELL ASSET”

$250,000 LOAN TO ALO

Page 47: Part 1

BAPTIST FOUNDATION OF ARIZONAEXAMPLE OF HOW SCHEME WOULD WORK

BFA HAS ASSET VALUED AT $1,000,000 ON BOOKS NOW

WORTH $500,000

ASSET TRANSFERRED TO

ALO AT BOOK VALUE--25% DOWN,

75% NOTE

NCVCC HAS INVESTORS’ FUNDS

FROM IRA INVESTMENTS

$250,000 CASH and $750,000

NOTE

“SELL ASSET”

$250,000 LOAN TO ALO

NOTE TO NCVCC

Page 48: Part 1

BAPTIST FOUNDATION OF ARIZONAEXAMPLE OF HOW SCHEME WOULD WORK

BFA HAS ASSET VALUED AT $1,000,000 ON BOOKS NOW

WORTH $500,000

ASSET TRANSFERRED TO

ALO AT BOOK VALUE--25% DOWN,

75% NOTE

NCVCC HAS INVESTORS’ FUNDS

FROM IRA INVESTMENTS

$250,000 CASH and $750,000

NOTE

“SELL ASSET”

$250,000 LOAN TO ALO

NOTE TO NCVCC

ALO NOW HAS DEBT SERVICE ON

$1,000,000 AND ASSET WORTH $500,000--THIS

SHOULD LEAD TO EVER INCREASING LOSSES ON ALO’S

BOOKS

Page 49: Part 1

BAPTIST FOUNDATION OF ARIZONAALO LOSSES SINCE 1993

• 1988-1993 ACCUMULATED DEFICIT $46,242,000

• 1993 LOSS 9,889,000

• 1994 LOSS 14,040,000

• 1995 LOSS 23,321,000

• 1996 LOSS 21,533,000

• 1997 LOSS 22,200,000

• ACCUMULATED DEFICIT 12/31/97 $137,225,000

Page 50: Part 1

BAPTIST FOUNDATION OF ARIZONA INVESTOR FUNDS AT RISK-BFA/NCV--1992-1998

• 1992--Investment Agreements and Mortgage Notes $101,950,000

• 1993--Investment Agreements and Mortgage Notes $169,011,000

• 1994--Investment Agreements and Mortgage Notes $210,583,000

• 1995--Investment Agreements and Mortgage Notes $273,042,000

• 1996--Investment Agreements and Mortgage Notes $339,827,000

• 1997--Investment Agreements and Mortgage Notes $382,727,000

• 1998--Investment Agreements and Mortgage Notes $484,184,000

Page 51: Part 1

BAPTIST FOUNDATION OF ARIZONAAMOUNTS OWED BY RELATED PARTIES

AT DECEMBER 31, 1998

BFA

ALO

HUNSINGER

NCV

Page 52: Part 1

BAPTIST FOUNDATION OF ARIZONAAMOUNTS OWED BY RELATED PARTIES

AT DECEMBER 31, 1998

BFA

ALO

HUNSINGER

NCV

$65,093,000

Page 53: Part 1

BAPTIST FOUNDATION OF ARIZONAAMOUNTS OWED BY RELATED PARTIES

AT DECEMBER 31, 1998

BFA

ALO

HUNSINGER

NCV

$65,093,000

$58,761,000

Page 54: Part 1

BAPTIST FOUNDATION OF ARIZONAAMOUNTS OWED BY RELATED PARTIES

AT DECEMBER 31, 1998

BFA

ALO

HUNSINGER

NCV

$65,093,000

$58,761,000

BFA TOTAL NOTES RECEIVABLE $188,546,000 66% DUE FROM ALO/NCV

Page 55: Part 1

BAPTIST FOUNDATION OF ARIZONAAMOUNTS OWED BY RELATED PARTIES

AT DECEMBER 31, 1998

BFA

ALO

HUNSINGER

NCV

$65,093,000

$58,761,000

$168,000,000

BFA TOTAL NOTE RECEIVABLE $188,546,000 66% DUE FROM ALO/NCV

Page 56: Part 1

BAPTIST FOUNDATION OF ARIZONATHE STORY

• BAPTIST CONVENTION WANTS ORGANIZATIONS UNDER ITS UMBRELLA TO BE SELF-SUSTAINING--NOT TO HAVE LOSSES

• MID 1980’s REAL ESTATE DOWN TURN

• BFA HAD REAL PROPERTY THAT SHOULD BE WRITTEN DOWN

• SOLUTION--MOVE ASSETS OFF BOOKS OF FOUNDATION ONTO OTHER ENTITIES BOOKS THAT ARE NOT SUBJECT TO AUDIT

• NCV FIRST “BAD BANK”

• 1988 ALO CREATED AS NEW “BAD BANK”

• 1996 EVIG CREATED AS CURRENT “BAD BANK”

Page 57: Part 1

Baptist Foundation of Arizona Gahan Trust Transaction

Baptist Foundation of Arizona (“BFA”)

William J. Gahan

Arizona Southern Baptist New Church

Ventures, Inc. (“NCV”)

ALO, Inc.

Page 58: Part 1

Baptist Foundation of Arizona Gahan Trust Transaction

Baptist Foundation of Arizona (“BFA”)

William J. Gahan

Arizona Southern Baptist New Church

Ventures, Inc. (“NCV”)

ALO, Inc.

12/31/91-- Gahan makes $3.5 Million

Pledge to BFA--BFA recognizes

$3.5 Million income

Page 59: Part 1

Baptist Foundation of Arizona Gahan Trust Transaction

Baptist Foundation of Arizona (“BFA”)

William J. Gahan

Arizona Southern Baptist New Church

Ventures, Inc. (“NCV”)

ALO, Inc.

12/31/91-- Gahan makes $3.5 Million

Pledge to BFA--BFA recognizes

$3.5 Million income3/24/92

$3,500,000 Cash

Page 60: Part 1

Baptist Foundation of Arizona Gahan Trust Transaction

Baptist Foundation of Arizona (“BFA”)

William J. Gahan

Arizona Southern Baptist New Church

Ventures, Inc. (“NCV”)

ALO, Inc.

12/31/91-- Gahan makes $3.5 Million

Pledge to BFA--BFA recognizes

$3.5 Million income3/24/92

$3,500,000 Note

$3,500,000 Cash

Page 61: Part 1

Baptist Foundation of Arizona Gahan Trust Transaction

Baptist Foundation of Arizona (“BFA”)

William J. Gahan

Arizona Southern Baptist New Church

Ventures, Inc. (“NCV”)

ALO, Inc.

12/31/91-- Gahan makes $3.5 Million

Pledge to BFA--BFA recognizes

$3.5 Million income3/24/92

$3,500,000 Note

$3,500,000 Cash

3/24/92

$3,500,000 Cash

Page 62: Part 1

Baptist Foundation of Arizona Gahan Trust Transaction

Baptist Foundation of Arizona (“BFA”)

William J. Gahan

Arizona Southern Baptist New Church

Ventures, Inc. (“NCV”)

ALO, Inc.

12/31/91-- Gahan makes $3.5 Million

Pledge to BFA--BFA recognizes

$3.5 Million income3/24/92

$3,500,000 Note

$3,500,000 Cash

3/24/92

$3,500,000 Cash

$3,500,000 Note

Page 63: Part 1

Baptist Foundation of Arizona Gahan Trust Transaction

Baptist Foundation of Arizona (“BFA”)

William J. Gahan

Arizona Southern Baptist New Church

Ventures, Inc. (“NCV”)

ALO, Inc.

12/31/91-- Gahan makes $3.5 Million

Pledge to BFA--BFA recognizes

$3.5 Million income3/24/92

$3,500,000 Note

$3,500,000 Cash

3/24/92

$3,500,000 Cash

$3,500,000 Note

3/24/92$3,500,000 Cash

Page 64: Part 1

Baptist Foundation of Arizona Gahan Trust Transaction

Baptist Foundation of Arizona (“BFA”)

William J. Gahan

Arizona Southern Baptist New Church

Ventures, Inc. (“NCV”)

ALO, Inc.

12/31/91-- Gahan makes $3.5 Million

Pledge to BFA--BFA recognizes

$3.5 Million income3/24/92

$3,500,000 Note

$3,500,000 Cash

3/24/92

$3,500,000 Cash

$3,500,000 Note

3/24/92$3,500,000 Cash

$3,500,000 Gahan Note Receivable

Page 65: Part 1

Baptist Foundation of Arizona Gahan Trust Transaction

Baptist Foundation of Arizona (“BFA”)

William J. Gahan

Arizona Southern Baptist New Church

Ventures, Inc. (“NCV”)

ALO, Inc.

12/31/91-- Gahan makes $3.5 Million

Pledge to BFA--BFA recognizes

$3.5 Million income3/24/92

End Result--BFA recognized $3,500,000 income in December 1991

and ALO had receivable due from Gahan on books (never collected or

written off)

$3,500,000 Note

$3,500,000 Cash

3/24/92

$3,500,000 Cash

$3,500,000 Note

3/24/92$3,500,000 Cash

$3,500,000 Gahan Note Receivable

Page 66: Part 1

BAPTIST FOUNDATION OF ARIZONASANDIA BUILDING AND GARAGE TRANSACTION

BFA (FI, FDC)

ALO (NMPC, NMEC, ATI,

& AGI)

NCV (NCVCC) BARCLAY

October 1992

Page 67: Part 1

BAPTIST FOUNDATION OF ARIZONASANDIA BUILDING AND GARAGE TRANSACTION

BFA (FI, FDC)

ALO (NMPC, NMEC, ATI,

& AGI)

NCV (NCVCC) BARCLAY

Gift of Sandia Building Option ($1 exercise price) $1,910,000

Gift Income for BFA

October 1992

Page 68: Part 1

BAPTIST FOUNDATION OF ARIZONASANDIA BUILDING AND GARAGE TRANSACTION

BFA (FI, FDC)

ALO (NMPC, NMEC, ATI,

& AGI)

NCV (NCVCC) BARCLAY

Gift of Sandia Building Option ($1 exercise price) $1,910,000

Gift Income for BFA$6,144,000 cashOctober

1992

Page 69: Part 1

BAPTIST FOUNDATION OF ARIZONASANDIA BUILDING AND GARAGE TRANSACTION

BFA (FI, FDC)

ALO (NMPC, NMEC, ATI,

& AGI)

NCV (NCVCC) BARCLAY

Gift of Sandia Building Option ($1 exercise price) $1,910,000

Gift Income for BFA$6,144,000 cash

Draw on C

redit L

ine

October 1992

Page 70: Part 1

BAPTIST FOUNDATION OF ARIZONASANDIA BUILDING AND GARAGE TRANSACTION

BFA (FI, FDC)

ALO (NMPC, NMEC, ATI,

& AGI)

NCV (NCVCC) BARCLAY

Gift of Sandia Building Option ($1 exercise price) $1,910,000

Gift Income for BFA$6,144,000 cash

Draw on C

redit L

ine

$6,120,000 cash

October 1992

Page 71: Part 1

BAPTIST FOUNDATION OF ARIZONASANDIA BUILDING AND GARAGE TRANSACTION

BFA (FI, FDC)

ALO (NMPC, NMEC, ATI,

& AGI)

NCV (NCVCC) BARCLAY

Gift of Sandia Building Option ($1 exercise price) $1,910,000

Gift Income for BFA$6,144,000 cash

Draw on C

redit L

ine

Draw on Credit Line

$6,120,000 cash

October 1992

Page 72: Part 1

BAPTIST FOUNDATION OF ARIZONASANDIA BUILDING AND GARAGE TRANSACTION

BFA (FI, FDC)

ALO (NMPC, NMEC, ATI,

& AGI)

NCV (NCVCC) BARCLAY

Gift of Sandia Building Option ($1 exercise price) $1,910,000

Gift Income for BFA$6,144,000 cash

Draw on C

redit L

ine

Draw on Credit Line

$6,120,000 cash

1. $6,120,000 cash 2. $1,910,000 note

October 1992

Page 73: Part 1

BAPTIST FOUNDATION OF ARIZONASANDIA BUILDING AND GARAGE TRANSACTION

BFA (FI, FDC)

ALO (NMPC, NMEC, ATI,

& AGI)

NCV (NCVCC) BARCLAY

Gift of Sandia Building Option ($1 exercise price) $1,910,000

Gift Income for BFA$6,144,000 cash

Draw on C

redit L

ine

Draw on Credit Line

$6,120,000 cash

1. $6,120,000 cash 2. $1,910,000 note1. Exchange Properties

2. Sandia Bldg. option

October 1992

Page 74: Part 1

BAPTIST FOUNDATION OF ARIZONASANDIA BUILDING AND GARAGE TRANSACTION

BFA (FI, FDC)

ALO (NMPC, NMEC, ATI,

& AGI)

NCV (NCVCC) BARCLAY

Gift of Sandia Building Option ($1 exercise price) $1,910,000

Gift Income for BFA$6,144,000 cash

Draw on C

redit L

ine

Draw on Credit Line

$6,120,000 cash1. E

xchange Properties

2. $1 (Optio

n)

1. $6,120,000 cash 2. $1,910,000 note1. Exchange Properties

2. Sandia Bldg. option

October 1992

Page 75: Part 1

BAPTIST FOUNDATION OF ARIZONASANDIA BUILDING AND GARAGE TRANSACTION

BFA (FI, FDC)

ALO (NMPC, NMEC, ATI,

& AGI)

NCV (NCVCC) BARCLAY

Gift of Sandia Building Option ($1 exercise price) $1,910,000

Gift Income for BFA$6,144,000 cash

Draw on C

redit L

ine

Draw on Credit Line

$6,120,000 cash1. E

xchange Properties

2. $1 (Optio

n)

1. Sandia Garage

2. Sandia Building

1. $6,120,000 cash 2. $1,910,000 note1. Exchange Properties

2. Sandia Bldg. option

October 1992

Page 76: Part 1

BAPTIST FOUNDATION OF ARIZONASANDIA BUILDING AND GARAGE TRANSACTION

BFA (FI, FDC)

ALO (NMPC, NMEC, ATI,

& AGI)

NCV (NCVCC) BARCLAY

Gift of Sandia Building Option ($1 exercise price) $1,910,000

Gift Income for BFA$6,144,000 cash

Draw on C

redit L

ine

Draw on Credit Line

$6,120,000 cash1. E

xchange Properties

2. $1 (Optio

n)

1. Sandia Garage

2. Sandia Building

1. $6,120,000 cash 2. $1,910,000 note1. Exchange Properties

2. Sandia Bldg. option

END RESULT—BFA AVOIDED A $4,843,000 LOSS ON EXCHANGE

PROPERTIES AND RECOGNIZED GIFT

INCOME OF $1,910,000

October 1992

Page 77: Part 1

BAPTIST FOUNDATION OF ARIZONASANDIA BUILDING AND GARAGE TRANSACTION

ALO (NMPC, NMEC, ATI,

& AGI)

PAPALOTE PARTNERS

1. Sandia Garage 2. Sandia Building

Paradise Heights Lots ALO

recognized a $2,421,000 loss on

exchange

5/23/95

End Result—ALO recognizes a further loss

of $2,421,000 related to the Sandia Building and

Garage