EXHIBIT 10
SkoFed Mortgage Funding
Corporation
2320 Paseo Del Prado, Suite 101
Las Vegas, NV 89102
702-362-2626
November 16, 2001
This letter shall serve as our consent for the SkoFed and Commercial Evaluations
Agreement to be used for filing purposes with the Securities and Exchange
Commission.
Sincerely,
/s/
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President
SkoFed Mortgage Funding Corporation Branch Manager Compensation Agreement
This Agreement is made between Robert A Barcelon, Branch Manager and will serve
to confirm the terms of employment as a Branch of SkoFed Mortgage Funding
Corporation, A Nevada Corporation. This agreement will commence on April 11,
2001.
1. BRANCH -- DUTIES AND RESPONSIBILITIES
1a. To hire, train, motivate and manage Loan Agents for the purpose of
originating and processing quality loans within the marketing area of the Branch
office located at 2320 Paseo Del Prado, Las Vegas, Nevada.
2b. To control expenses of the Branch and to operate at a profit.
3c. To operate the Branch in accordance with SkoFed policies and procedures. To
operate the Branch in accordance with all applicable federal and state laws and
regulations, including without limitation, those of HUD and the regulations
FHLMC, FNMA and any other investors. Branch Manager shall be responsible to
ensure that all Loan Agents and other personnel within the Branch act in
accordance with SkoFed policies and procedures and in compliance with all
federal laws and regulations of HUD, FHLMC, FNMA and other investors. Branch
Manager shall obtain, review and become familiar with all applicable rules and
Regulations in this regard. Branch Manager will review all policies with Loan
Agents.
4d. Branch Manager will provide the Corporate office of SkoFed Mortgage Funding
a copy of registration on all Loan Agents with the State of Nevada. A Loan Agent
may not conduct or represent SkoFed Mortgage Funding Corporation, until they
show proof of such.
5e. To understand and practice superior customer service for the external and
internal customer of SkoFed Mortgage Funding Corporation.
2. COMPENSATION AGREEMENT
1a. Branch's compensation is structured in order to provide incentives for
increasing the income of the Branch and for controlling the expenses of the
Branch.
2b. Branch shall operate at a profit by being credited for all income and being
responsible for all expenses.
3c. The Branch will be paid one hundred percent (100%) of the published rates
from various designated investors including origination fee discount fee,
service release premium, earned on rates from that rate sheet for loans funded
by SkoFed Mortgage Funding Corporation through the branch. The Branch will be
charged one half-percentage rate (.50%) plus $350.00 for each loan funded. See
attached fee addendum.
Page 2 of 3
4d. For brokered loans from Branch, there will be an $650.00 total income on
each loan. (this is total income and includes processing fee)
5e. SkoFed Mortgage Funding Corporation shall collect the fees and income due to
Branch office and deduct from the Branch income the expenses to be paid Directly
by SkoFed Mortgage Funding Corporation on behalf of the Branch Manager as per
paragraph 3a below. Any amounts remaining after the payment of these expenses
shall be paid to the Branch.
3. EXPENSES AND DEDUCTIONS
1a. Rent, telephone service, commissions, salaries and any other expenses
required by SkoFed will be paid on the first of each month.
2b. All costs incurred by SkoFed in the connection with the repurchase of any
loans originated within the Branch, including without limitation disputes or
settlements involving demands to repurchase loans; loss or costs, including
reasonable attorney's fees arising out of suits, actions, audits, foreclosures,
or legal proceedings of any nature, arising out of the activities or operations
of the branch because of fraud or other misrepresentations caused by Branch
Office personnel shall be paid by the Branch.
3c. The Branch office will not open any accounts with vendors or banks using
SkoFed's name unless given direct written permission by an officer of the
company. All accounts not in the company s name will be opened in the name of
the responsible party or company signing this agreement.
4. DURATION AND TERMINATION OF EMPLOYMENT; LICENSE TRANSFER
1a. This agreement shall be in effect from the date hereof, shall be an at will
employment relationship until terminated by either party via thirty (30) days
written notice to the other party.
2b. In the event Branch is terminated or resigns for any reason, it is agreed
and understood that all loans the Branch may have taken during its association
with SkoFed shall remain the property if SkoFed. All these loans will be closed
by SkoFed.
3c. SkoFed may immediately terminate Branch's employment for cause. For purposes
of this agreement, cause shall mean: (1) failure of the Branch to carry out
duties as set forth in Section One; (2) violation of any portion of the of the
policy statement; (3) violation of any HUD, VA, federal or state regulations or
the relations of any other governmental agency or investor; and (4) Branch's
conviction for any fraud.
4d. If notice of termination is given in accordance with Section 4 hereof,
branch shall be entitled to all compensation less any costs on wind up accrued
through the termination date. Compensation shall be determined by an accounting,
which shall be performed within forty-five (45) days after the termination date,
and sums payable shall be paid fifteen (15) days after completion of said audit/
accounting.
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5e. Following termination for either cause or notice of termination of
employment (as set forth in Section 4) be with the HUD or SkoFed, the Branch
Manager shall fully cooperate with SkoFed in all matters relating to the winding
up of the Branch's pending work on behalf of SkoFed and the orderly transfer of
such Pending work on behalf of SkoFed and the orderly transfer of such pending
work To other employees of SkoFed as are designated by SkoFed, will be entitled
to Full time services of the Branch during all or any party of the sixty (60)
day period following termination. Said expenses shall include, but not be
limited to, expenses incurred in hiring other individuals to carry out the
remainder of the Branch Manager's duties and responsibilities.
IN WITNESS WHEREOF each of the parties to this Agreement has executed this
Agreement on the date which appears in the opening paragraph.
SKOFED MORTGAGE FUNDING CORPORATION
2320 Paseo Del Prado Building B Suite 101 Las Vegas, Nevada 89102
/s/ /s/
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Bob Barcelon Nick Mallas
Branch Manager President/CEO
FEE ADDENDUM
Flood Cert. $ 26.00
Wire Fee $ 50.00
Tax Serv. $ 79.00
Processing $395.00
ADDENDUM A
INDEPENDENT CONTRACTOR
COMMISSION SPLIT: IN HOUSE (closed by SKOFED)
Loan closing per month up to $500,000.00 -- 75%/25% Loan closing per month after
$500,000.00 -- 80%/20%
For example: (based on a 1% origination only)
1. Monthly total is $500,000.00 $500,000.00 x 1% = $5000.00 x 75% = $3750.00
2. Monthly total is $550,000.00
$500,000.00 x 1% = $5000.00 x 75% = $3750.00 $ 50,000.00 x 1% = $ 500.00 x 80% =
$ 400.00 = total $4150.00
Percentages are based on total fees collected after all charges are paid. Fees
include origination points, discount points, rebate, SRPs, not to exceed 4% of
loan amount. Independent Contractor acknowledges the fees below, which are a
cost of closing the loan.
In house fees:
$350.00 Administration Fee $ 79.00 Tax Service $ 26.00 Flood Certificate $ 50.00
Wire Fee $395.00 Processing $900.00 Total
COMMISSION SPLIT: BROKERED LOANS (i.e. Wells Fargo, Long Beach, etc.)
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The percentage split shall remain the same as above.
Brokered loan fees: $650.00 Administration to include $395.00 Processing Fee
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In addition, Independent Contractor acknowledges that fees charged by the lender
(Wells Fargo etc.) are in addition to those fees stated above.
PAY PERIOD: Loan commissions will be issued within 24-48 hours after receipt of
check(s) and HUD 1, provided any outstanding conditions have been met.
**PLEASE NOTE: Fees quoted above may be increased at a later date with notice.
PAYMENT OF FEE Independent Contractor shall be responsible for collecting any up
front fees including but not limited to, credit report and appraisal. Said fees
will be deducted from Independent Contractor's gross commission if not
collected. Independent Contractor shall a sign a responsibility agreement with
credit bureau to insure payment of any credit reports ordered but not collected
from borrower (or at closing).
Independent Contractor Signature Date Manager Signature Date