#@W&T Proposed Agreement

MICHAEL J. TIMPANE, SBN 115238
DONALD G. OUSTERHOUT, SBN 186631
WOLKIN & TIMPANE, LLP
555 Montgomery Street, Suite 1100
San Francisco, California 94111
Telephone: (415) 982-9390

Attorneys for Plaintiffs
UNITED PACIFIC INSURANCE COMPANY
and RELIANCE SURETY COMPANY

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE CITY AND COUNTY OF SAN FRANCISCO

UNLIMITED CIVIL JURISDICTION


UNITED PACIFIC INSURANCE
COMPANY, and RELIANCE SURETY
COMPANY,

Plaintiffs,

vs.

ROD WELCH, individually and
doing business as ROD WELCH
COMPANY, and DOES 1 through 10,

Defendants. _________________________________ 		)
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 Case No. 305199


AFFIDAVIT OF CONSENT TO ENTRY OF DEFAULT AND DEFAULT JUDGMENT









Having been duly sworn under oath by a notary public of the State of California, I, Rod Welch, declare as follows:

  1. I have personal knowledge of the matters set forth herein and, if called upon as a witness, could and would testify competently thereto.

  2. I was personally served with a copy of the summons and complaint ("Complaint") for the above-captioned lawsuit ("Lawsuit") on August 5, 1999.

  3. I signed the Agreement Concerning Repayment of Expenses and the Promissory Note attached to the Complaint and I acknowledge that I am bound thereby.

  4. I am aware that counsel for Plaintiffs, Donald G. Ousterhout, will file a request for entry of default and default judgment against me, and I consent to having my default taken in this Lawsuit.

  5. I further understand that my knowing consent to the default judgment entered against me constitutes a final resolution to the Lawsuit adjudicating the rights and obligations of the parties as embodied in the Agreement Concerning Repayment of Expenses and the Promissory Note.

I certify under penalty of perjury that the foregoing is true and correct.


DATED: October 3, 1999

 _____________________________________________

Rod Welch