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American Viatical Services, LLC 175 TownPark Drive, Suite 400 Kennesaw, Georgia 30144 Phone: 770-926-8880 January 9, 2013 To: An Open letter to the Life Settlement Industry . In September 2010,1 sold my equity interest in American Viatical Services, LLC (AVS) and AVS Underwriting, LLC to Longevity Partners. This sale required an up- front payment as well as a note to be paid over the next seven years. Longevity Partners defaulted on the note by not making a payment on September 15th, 2012. Despite negotiations, the payment default continued, and I initiated foreclosure on the interests of AVS on November 6, 2012. Longevity Partners has now consented to the return of my equity interests in American Viatical Services, LLC. I have enclosed the Assignment from Longevity Partners to me, dated December 31, 2012. In the past we believed there was no reason to distinguish American Viatical Services, LLC from its long-time d/b/a AVS Underwriting, but the two entities are now alleged to be separately owned. Please know that American Viatical Services, LLC (AVS) continues to operate in the same way that we have always operated. All files and requests continue to be processed in the same manner as before. Our employees, e-mails, telephones, address and any contacts within American Viatical Services, LLC are the same, and our relationship with and commitment to each client company remains the same. Longevity Partners has removed me from the entity AVS Underwriting, LLC. I trust that you will continue to use American Viatical Services, LLC for all of the services you have required in the past 18 years. I am sorry that the dispute with Longevity Partners has spilled over to the industry press, but hopefully you can all separate the truth from the hearsay, falsehoods and sensationalism. I trust that soon all of this will be behind us and that you will no longer see AVS in the press. Please call me if you have specific questions. Regards/ Philip R. Loy President American Viatical Services, LLC 678-388-2101

ASSIGNMENT IN LIEU OF FORECLOSURE · 2013. 1. 10. · 678-388-2101. ASSIGNMENT IN LIEU OF FORECLOSURE s+ This Assignment in Lieu of Foreclosure (this "Assignment") is made as of this

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Page 1: ASSIGNMENT IN LIEU OF FORECLOSURE · 2013. 1. 10. · 678-388-2101. ASSIGNMENT IN LIEU OF FORECLOSURE s+ This Assignment in Lieu of Foreclosure (this "Assignment") is made as of this

American Viatical Services, LLC175 TownPark Drive, Suite 400

Kennesaw, Georgia 30144Phone: 770-926-8880

January 9, 2013

To: An Open letter to the Life Settlement Industry .

In September 2010,1 sold my equity interest in American Viatical Services, LLC(AVS) and AVS Underwriting, LLC to Longevity Partners. This sale required an up-front payment as well as a note to be paid over the next seven years. Longevity Partnersdefaulted on the note by not making a payment on September 15th, 2012.

Despite negotiations, the payment default continued, and I initiated foreclosure on theinterests of AVS on November 6, 2012. Longevity Partners has now consented to thereturn of my equity interests in American Viatical Services, LLC. I have enclosed theAssignment from Longevity Partners to me, dated December 31, 2012.

In the past we believed there was no reason to distinguish American Viatical Services,LLC from its long-time d/b/a AVS Underwriting, but the two entities are now alleged tobe separately owned. Please know that American Viatical Services, LLC (AVS)continues to operate in the same way that we have always operated. All files andrequests continue to be processed in the same manner as before. Our employees, e-mails,telephones, address and any contacts within American Viatical Services, LLC are thesame, and our relationship with and commitment to each client company remains thesame. Longevity Partners has removed me from the entity AVS Underwriting, LLC.

I trust that you will continue to use American Viatical Services, LLC for all of theservices you have required in the past 18 years. I am sorry that the dispute withLongevity Partners has spilled over to the industry press, but hopefully you can allseparate the truth from the hearsay, falsehoods and sensationalism. I trust that soon all ofthis will be behind us and that you will no longer see AVS in the press.

Please call me if you have specific questions.

Regards/

Philip R. LoyPresidentAmerican Viatical Services, LLC678-388-2101

Page 2: ASSIGNMENT IN LIEU OF FORECLOSURE · 2013. 1. 10. · 678-388-2101. ASSIGNMENT IN LIEU OF FORECLOSURE s+ This Assignment in Lieu of Foreclosure (this "Assignment") is made as of this

ASSIGNMENT IN LIEU OF FORECLOSURE s+This Assignment in Lieu of Foreclosure (this "Assignment") is made as of this ~I'day

of December, 2012, by and between Longevity Partners, LLC ("Longevity"), a Delaware limitedliability corporation, and Philip Loy, a resident of Georgia, and Sharon Loy, a resident of Texas(together, the "Holder").

WHEREAS Longevity and the Holder are parties to that "Security Agreement dated asof September 15, 2010 by and between Philip Loy, a resident of the state of Georgia, and SharonLoy, [then] a resident of the state of New Mexico, and Longevity Partners, LLC, a Delawarelimited liability corporation," granting to the Holder a security interest in:

(a) All of the Equity Interests of American Viatical Services, LLC, now or at anytime or times hereafter owned by Longevity, whether or not such Equity Interestsare represented by certificates, and any certificates representing such EquityInterests; and

(b) All proceeds of the foregoing ((a) and (b) together constitute the "Collateral").

WHEREAS the Holder is entitled to the Collateral; and

WHEREAS Longevity now desires to assign its rights and obligations to the Collateral tothe Holder and the Holder desires to assume the Collateral.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, Longevity hereby assigns and conveys to the Holder all of theCollateral as of the date set forth above.

R, LONGEVITY PARTNERS LLC

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ame: "J""a-lN Nfrf(~cula.:) M-'*, ------.

Title AU11iotel~ Sr"N'~. i2.!31/201£.

HOLDER

WCSR 7596289vl