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NOTES PAYABLE
6 Months Ended
Jun. 30, 2012
Notes Payable Disclosure [Abstract]  
Notes Payable Disclosure [Text Block]
10. NOTES PAYABLE

 

Notes payable consists of the following as of June 30, 2012:

 

Promissory note payable secured by a first mortgage on the real property of the Company having a carrying value of $1,079,845 at June 30, 2012, bearing interest at 7.5% per annum, due in monthly interest only payments beginning on February 22, 2011, maturing on May 22, 2012, with balloon payment of principal and any accrued and unpaid interest.   $ 1,053,993  
         
Promissory note payable, unsecured, bearing interest at 5% simple interest per annum, due in weekly principal and interest payments of $250,  maturing on March 10, 2015.     33,314  
         
      1,087,307  
         
Less amounts due within one year     1,065,615  
         
Long-term portion of notes payable   $ 21,692  

 

As of June 30, 2012, principal payments on the notes payable are as follows:

 

2012   $ 1,060,493  
2013     13,000  
2014     13,000  
2015     13,000  
2016     816  
Thereafter      
         
    $ 1,087,307  

 

10. NOTES PAYABLE (continued)

 

On March 18, 2011, the Chief Executive Officer transferred all financial interest in GKR. Accordingly, all transactions of the Company with GKR subsequent to March 18, 2011, are not classified with those of related parties, and the note payable due them was converted to a convertible debenture as of September 8, 2011. Accordingly the balance due under that obligation is classified with the convertible debenture balance as of June 30, 2012 and December 31, 2011. See Note 11. CONVERTIBLE DEBENTURES for further discussion.

 

On February 18, 2011, the Company’s wholly owned subsidiary, Trebor Industries, Inc., entered into a Forbearance Agreement with Branch Banking and Trust Company (“BBT”) for the promissory note in the principal amount of $1,000,000 in favor of BBT (the “Term Loan”) and the promissory note in the principal amount of $199,991 in favor of BBT (the “Second Note”). The Term Loan and Second Note are collectively referred to as the “Secured Notes”.  The Secured Notes are secured by the Company's Fort Lauderdale facilities and personally guaranteed by the Company’s chief executive officer. As previously disclosed, the Company failed to bring the Secured Notes current and in January 2011 BBT accelerated the full principal and accrued interest due under the Secured Notes, as well as initiated collection and legal action.  The Forbearance Agreement effectively extended the maturity date of the Secured Notes to May 22, 2012.  The Secured Notes were consolidated under a Consolidated and Restated Promissory Note in the principal amount of $1,053,993, effective November 22, 2010, (the “Consolidated Note”).  The maturity date of the Consolidated Note was May 22, 2012.  The interest rate on the Consolidated Note was 7.5% per annum. Pursuant to the Forbearance Agreement the Company paid $33,000 to BBT at closing.  In addition to the monthly interest only payments required under the Consolidated Note, Trebor was required to pay BBT $6,028 by February 28, 2011, and monthly payments of approximately $3,555 on March 10, 2011, April 10, 2011, and May 10, 2011, to satisfy disbursements, costs and expenses associated with the Forbearance Agreement.

 

On or about April 27, 2012, the Company received a default notice from BBT under its Forbearance Agreement on the mortgage underlying the Company’s real estate. BBT subsequently received judgment of foreclosure, as the 17th Judicial Circuit of the Circuit Court of Broward County awarded BBT a final judgment in the amount of $1,123,269.30. See Note 22. SUBSEQUENT EVENT for update on mortgage foreclosure.

 

In February 2011, the Company converted a vendor payable into an unsecured promissory note as reflected above and below in Note payable balances due at June 30, 2012 and December 31, 2011, respectively. Principal and interest payments of $2,000 per month were to begin on February 28, 2011, and continue through August 31, 2012, maturity. Since the Company was in arrears on payments, on June 1, 2012, the Company restructured the Note with the vendor. Effective June 5, 2012, the Company began making payments under the restructured term as reflected in the terms above stated with the balance at June 30, 2012.

 

Notes payable consists of the following as of December 31, 2011:

 

Promissory note payable secured by a first mortgage on the real property of the Company having a carrying value of $1,093,562 at December 31, 2011, bearing interest at 7.5% per annum, due in monthly interest only payments beginning on February 22, 2011, maturing on May 22, 2012, with balloon payment of principal and any accrued and unpaid interest.   $ 1,053,993  
         
Promissory note payable, unsecured, bearing interest at 5% per annum, due in monthly principal and interest payments of $2000,  maturing on August 31, 2012.     33,314  
         
      1,087,307  
         
Less amounts due within one year     1,087,307  
         
Long-term portion of notes payable   $