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July 2006

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Educational Business Note Seminars Planned for 2007

Over the years you may have had the opportunity to participate in one of Ed Lisogar's numerous speaking engagements.

Whether at The Paper Source, Noteworthy, Cash Flow or one of the many financial conventions across the country, Ed's no nonsense approach to all facets of the cash flow industry guarantees standing room only sessions that are both informative and entertaining. But make no mistake…the bottom line is knowledge…and an expedited road to success for all of National Capital's associate brokers.

A respected author, Ed has written two books for brokers new to the cash flow industry. In 2000, following years of demand for detailed information on the topic, Ed released his critically acclaimed best seller:

"The Business of Business Notes"

…the only instructional manual on the market devoted specifically to the high profit arena of buying and brokering seller financed business notes.

Don't take our word for it...see what industry professionals are saying about this ground breaking instructional manual!

Now you can spend an entire day with one of the most dynamic instructors, lecturers, authors and public speakers in the cash flow industry, participating in a hands on discussion of the fastest growing segment of the cash flow industry.

Whether brokering for fees or buying for yourself, this exciting one day session will provide:

    • A beginners "walk-through" of how business notes are created
    • Recognizing salable business notes…"stop wasting your time!"
    • Marketing for business notes/The secret "hiding place"
    • Building a referral base for business notes
    • Negotiating with the seller/understanding different options
    • Actual written presentations from successful acquisitions
    • Copies of typical business note security instruments
    • What to watch out for when buying your own notes
    • Secrets to minimizing the discounts
    • Due diligence checklists
    • Purchase Agreements


In addition…All attendees will receive:

  • Classroom workbook with all instructor material
  • $1,000 commission bonus good on the first business note closed with NCC
  • "One-on-One" e-mail mentoring with Ed Lisogar for six months
  • Plus…as an added bonus all attendees will receive a copy of his best selling manual and software "The Business of Business Notes", the only step by step program in the industry devoted specifically to the fastest growing segment of the cash flow industry, a $129 value in itself.

The full day and all of the added bonuses
are included for only …$249!

Register "On Line" from the Seminar tab

at the web site
 

Think of it…the $1,000 commission bonus alone makes the one day session free! The workbook, the manual & software package and e-mail mentoring are all literally provided at no charge, not to mention the value of an entire day together with the leading authority on this high profit cash flow! The benefits of this rare opportunity speak for itself. The commission bonus, the book, the software and the mentoring aside, you'll learn first hand (and at literally no cost), the secrets of this industry leader; the closing methods they've developed that's achieved a 60% "kill ratio," the marketing programs that provide an endless stream of referrals, and most importantly, how Ed's been able to rocket from "green broker" to leading industry funding source in just four short years.


Seating at each city is limited, register today "on line" or by sending your $249 check, payable to National Capital Corporation, to:

National Capital Corporation
Main Office-3605 N. 68th Street
Scottsdale, AZ 85251

Feel free to contact Ed personally by e-mail at info@nationalcapitalcorp.com with any questions you may have about these exciting one day sessions.

* Don't take our word for it...see what past attendees are saying about this powerful session!

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New Aggressive Rates for Commercial RE Paper

NCC is aggressively seeking commercial real estate paper nationwide. Our best pricing will be investments up to and including +/-$1,000,000. Larger notes will always be considered.

“Challenged” credit, scratched and dent properties, even some second position mortgages are all of interest.

Utilize the real estate worksheet located “on line” at the Worksheet page here at our site.

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Business Notes in the New Economy

As the secondary market surges ahead into the age of the internet, E-Commerce and computer EVERYTHING, we receive a lot of requests to consider business notes secured by industries and service related companies involved in varying facets of the cyber world. Historically most business notes were created through the sale of a retail outlet, manufacturing business, service industry, etc., businesses with something tangible that could be foreclosed on.

However, we are seeing more and more service related businesses LIKE a Dot Com that come with little to no security in the form of hard assets. Still, as has been the case for a decade in the business note arena, many of the same issues that concerned us on a "Ma and Pa" business note in the pre E-Commerce era are still a major concern today as we evaluate a business note, corporate buyout, merger and acquisitions, etc., such as:

Longevity in Business

How long a business has been open and operating speaks volumes about its potential to be around AT LEAST as long as there are payments remaining on the note. A strong pay history tells us that he is obviously comfortable with the business and knows what he's doing. A business, ANY business that has recently opened its doors has yet to generate a loyal clientele. There's no telling whether or not the concept will be accepted by the consuming public. The "Dot Com" blood bath is a good example. Still not convinced? Attend a Silicon Valley "Pink Slip" party and talk to the thousands of unemployed that thought they had it made just months before. "Boomers" driving "Beemers" now arrive on Go-Peds.

Generally we like the business to have about three to four years of operating history. We can review its corporate tax returns for the two to three years prior to the sale and ascertain if it was a profitable venture or if the Buyer took over a sinking ship. This is even more crucial in any hospitality industry notes (restaurants, deli's, bars, etc) where word of one bad meal can spread like a wild fire killing any hopes of success.

Business type/Collateral Security

Different business types come with a variety (or lack thereof) of collateral securing the note. While we appreciate that in the event of a default the "stuff" securing the note will be worth pennies on the dollar at a local auction house anyway, we still like to review notes with SOME level of tangible, foreclosable chattels as security. An e-commerce business likely has little to no assets other than a few used computers and a couple phone lines. In many cases even e-commerce businesses that actually HAVE a product keep very little in inventory, ordering on an as needed basis. Many of you may remember the on line auto insurance company business note that circulated for almost a year before disappearing. We saw it two to three times a day at one point...it was really being shopped. The seller boasted that the new business was sure to explode, that the buyer got in with little down, there was no inventory involved or required and he was working it out of his spare bedroom. Wonder if he noticed his toes disappearing as he kept shooting himself in the foot?

Professional businesses like Doctors, Chiropractors, Attorneys, etc. are okay, assuming we have a comfort level with the Buyer, and they're experienced in the business in question. A seasoned, veteran Doctor who patients have been with him for years may not approve of the new, young intern that just bought "Doc Brown's" practice. That could kill the business before he gets a chance to prove himself. There goes the note. So a little seasoning would speak volumes about the strength of the note.

Businesses with little to no collateral must have some other mitigating factor to entice us to consider it for acquisition. That leads us to our next point which is:

Payor Financial Strength/Equity/Credit History

A buyer that contributes a sizable cash down payment tells us that there's a good chance they did a lot of research on the business, that they have confidence in their ability to operate the business successfully, may have experience in this TYPE of business and that they have a serious monetary (as well as psychological) investment in the business and it's success. BUILT UP equity (through pay history and seasoning) is not the same. THE BUSINESS makes the monthly payments, it really doesn't come out of pocket. A buyer that gets in with little to no down can run the business for a year or two, develop financial trouble and say to himself, "well, it was a nice run, I paid myself a nice salary, made some money but now its over". All he has to lose is his credit record which, unfortunately, too many people these days could care less about. As you'll see at our web site (www.nationalcapitalcorp.com) there are minimum cash down payment requirements for these high risk notes.

Also keep in mind that "Credit" is not an indication of financial strength. An immigrant in this country for three months can have a high credit score but own nothing. We implore business brokers to make personal Financial Statements part of the qualifying process for their selling clients. A buyer is not obligated to provide one piece of information about himself just because the seller now wants to sell the note. The same goes for the financial status of the business in question. We advise sellers and their brokers to include a clause in the Purchase and Sale Agreement for the business that the seller can request year to date P&L's at least twice a year. While this is a great way for the note holder to protect his investment and possibly see signs of things to come if the Buyer is having trouble, most balk at the idea or feel they will be "imposing" on the Buyer. Unbelievable. The Buyer owes you thousands of dollars and protecting your investment is imposing?


Business Assets: The business must have serious, tangible, liquid assets. While we prefer to be in a perfected first lien position we'll occasionally accept a Junior position depending on the size of the Payor's company and their financial strength. Hopefully the business has a Dunn and Bradstreet number we can review. Last couple years of corporate tax returns and year end P&L's will be required as well. We need to ensure the Payor is strong and that they are not heading
in the wrong direction.

All in all the face of the Business Note arena is changing in ways that provide increased opportunities for the savvy broker. HOWEVER, as has been the case for years, maximizing your efforts and profit potential hinges on your explaining to your clients HOW the game is played, what the underwriting criteria will be and most importantly, how SIGNIFICANT the discounts can be. A full will ALWAYS be the worst way for a seller to go. Persuading your clients to look at the creative "options" you (through us) can provide and then zeroing in on their IMMEDIATE cash requirements will increase both your kill ratio and bank account.

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Working With Realtors Made Easier

By Dee Jones, D D Jones Funding, Inc., LaGrange, TX

Are you considering working with realtors when developing your mortgage note business? The following suggestions should help in contacting them, setting the necessary appointments and following through with the training. You must keep in mind that realtors are usually very busy and will, at first, not want to hear what you have to say. To overcome this, try the following:

1. Send postcards with the message that you are offering a “FREE” training on how they can sell more properties and earn more commissions.

2. Phone them, or visit the office, and reference the post card. “I am following up on the post card you received recently concerning how to earn more commissions when selling more properties”.

3. Offer to hold the “FREE” training for only 5 of the most qualified realtors in that office. All realtors like to think they are the “most qualified” – so you could offer to hold a second meeting at a later date for another group.

a. This meeting will take 20-30 minutes during the lunch break and will be held in the realtor’s conference room, so those attending will not have to travel.

b. You will bring lunch for the attendees.

1. Make a small poster to hang in their office FREE TRAINING AND LUNCH - Reservations only. Date and time. Limited seating for five (5) attendees only. Call: Your name and phone number - Before: cut-off date.

2. When they call, they must confirm they will be there so you can provide lunch.

3. Purchase ready-made sandwiches (you will need an accurate account of the number of attendees)

4. Purchase soft drinks, chips and cookies. (Keep soft drinks in a cooler with ice)

5. Have disposable plates, napkins and cups ready.

6. Get to the office early in order to set up the table with the above items, plus whatever handouts you may want the realtors to have.

7. BOLDLY PRONOUNCE BEFORE BEGINNING “If you eat the food I have brought, you must stay in this room and take part in the training”.

8. Try not to run over the 20-30 minute time line you had originally set.

4. Leave the necessary forms, complete with your contact information on each page, with instructions on how to fill them out and your business cards so the realtors will have a way to reach you when they find a prospective deal.

5. Your entire presentation should be comprised of the “advantages” of suggesting a seller-financed transaction to all parties concerned. As well, remind the realtors that when a deal closes, they will still get their usual commission. There will be no “finders fee” or other fees coming from you. In most areas “double-dipping” is illegal anyway.

6. Be sure to thank them for attending, let them know they can call you at any time, and then send “thank you notes” when you get back to your office.

7. Follow up every couple of weeks, either by phone or by visiting their office with donuts, cookies, etc.

8. If you bring food, they will come - and they will remember you.

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Trusts no cure-alls to seniors

Editors note: Many of us in the paper business also invest in real estate. We felt the following was of interest to those of you that have looked into or are considering “Trusts” as part of your estate planning.

Russ Wiles
The Arizona Republic
 

A flier making the rounds in Sun City, AZ invites seniors to learn how to avoid "estate-devouring probate charges and attorney fees." The recommended solution: a revocable living trust. No surprise there. If you open any newspaper or check your junk mail carefully, you're bound to run across an ad touting living trusts.

Once a tool of the wealthy, trusts have evolved into one of the most mass-marketed estate-planning devices around. Ads play on fears about probate, taxes, privacy invasion, reckless heirs and more.

A well-crafted living trust certainly has several sound uses and can allay some estate-planning worries. But for seniors on a budget with fairly simple needs, the higher costs can't always be justified.

At several hundred dollars and up, trusts tend to cost more than wills, beneficiary deeds, transfer on death titling and other estate-planning tools designed for the middle class. That's why critics say living trusts are oversold.

For example, the Arizona Attorney General's Office is warning about "high-pressure salespeople" who use trust documents from office-supply stores to charge thousands to unsuspecting seniors.

Even the Arizona State Bar is waving red flags. The group's warnings center on non-attorneys selling living trusts, a legal but dubious practice in Arizona.

Like a will, a living trust is a document that lets you decide who gets what at death. Trusts, however, tend to be more versatile. For example, they can be used to delay payments to a beneficiary who might squander a large sum.

But how about other claims, probate avoidance, privacy, estate taxes and the like? Here's how trusts break down:

• Probate avoidance. It's true that assets contained in a trust pass to beneficiaries outside of probate. But there are various other probate-avoiding devices such as retirement accounts, insurance policies and jointly owned real estate.

Besides, probate in Arizona generally isn't the costly, lengthy ordeal it is in many other states.

• Privacy. With a trust, you generally don't have to worry that your financial laundry will be aired in public. But that's not common with property transferred through probate, where an inventory of the deceased person's assets gets compiled and sent to the beneficiaries, not the public, said Joe McCabe, an estate-planning attorney at McCabe O'Donnell in Phoenix.

• Legal challenges. Another marketing argument made in support of trusts is that they eliminate the danger that heirs might wind up in court. In truth, both trusts and wills can be contested.

• Estate taxes. One valid use of a trust is to reduce, if not eliminate, estate taxes for married couples.

A trust with proper wording can do this by separating the joint assets into two trusts when the first spouse dies. The effect is to give each spouse the full exemption amount. This year, each person can pass $1 million without triggering estate taxes, so a couple with a proper trust can avoid $2 million.

The flip side is that people with less than $1 million in assets won't face estate taxes anyway, and the exemption amount is scheduled to rise sharply in future years. Proper wording to minimize estate taxes also can be inserted in a will.

"A testamentary trust created by a will can get the estate-tax benefits," said Roger Curley, an estate-planning attorney at Curley & Allison in Phoenix.

So what are benefits of trusts?

Trusts play a role for people seeking professional money management while alive, a service geared to investors with at least a few hundred thousand dollars in portfolio assets. Then there's the reckless-heir argument. If you have minor children or your grown kids are financially immature, "you probably don't want to hand them $1 million at once," said McCabe. In such cases, a trust can help preserve the estate until your beneficiaries are able to handle it. The "revocable" part means trusts can be changed or dissolved if situations change. Further, trusts can prove helpful if you own property in another state, allowing beneficiaries to avoid probate there.

Trusts and properly crafted wills also make sense for people seeking to minimize estate taxes. This is a risk for people worth at least seven digits, a figure that's easy to reach if you have a big life insurance policy.

“But perhaps the biggest reason for living trusts is that they allow you to provide for your own care should you become incapable of doing so, through the naming of a successor trustee. This can be a simpler process than having a probate court name a conservator for you”, said John Vryhof, an estate-planning attorney at Snell & Wilmer in Phoenix.

A living trust also is better than a financial power of attorney in cases of incapacity, Curley said. Powers of attorney are directives that grant another person the power to make decisions for you if you become physically or mentally unfit. Yet, brokerages, banks and other financial firms sometimes won't recognize powers of attorney that are even a year or two old.

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Standing Room Only at “The Forum”!

The Forum, here at NCC's web site is the place to "hang" to pick up the latest tips, techniques and answers to questions relating to a variety of arenas in your industry. You never who will be joining in on the conversation.

Have a question about a deal you're working? Not sure if there's a market for certain cash flows? Wondering what's the best way to find certain note types? The Forum is the industry clearing house for questions like these and ANYTHING you have to discuss!

According to NCC President, Ed Lisogar; “We prefer our associates post their questions at the appropriate section at the Forum rather than send an e-mail directly so that ALL of our brokers and consultants can appreciate your question and our answers”. Ed stresses the importance of reviewing the existing postings before posting your own as in many cases, your question or topic has been asked and answered previously.

Post questions or comments on a variety of topics. Join in on an ongoing discussion. Respond to postings from other brokers as well as investors. Share your experience with your fellow brokers by adding YOUR OWN comments to postings already in place.

It's all there for you at the "Forum".

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Social Security for Congress?

From Jeff Armstrong, Armstrong Capital

Perhaps we are asking the wrong questions during election years. Our Senators and Congressmen do not pay into Social Security and, of course, they do not collect from it. Social Security benefits were not suitable for persons of their rare elevation in society.

They felt they should have a special plan for themselves. Many years ago they voted in their own benefit plan. In more recent years, no member of congress has felt the need to change it. After all, it is a great plan.

For all practical purposes their plan works like this: When they retire, they continue to draw the same pay until they die, except it may increase from time to time for cost of living adjustments.

For example, former Senator Byrd and Congressman White and their wives may expect to draw $7,800,000.00 (that's Seven Million, Eight-Hundred Thousand), with their wives drawing $275,000.00 during the last years of their lives. This is calculated on an average life span for each.

Their cost for this excellent plan is $00.00. Nada. Zilch. This little perk they voted for themselves is free to them. You and I pick up the tab for this plan.

The funds for this fine retirement plan come directly from the General Funds--our tax dollars at work! Meaning from our own Social Security Plan, which you and I pay (or have paid) into- every payday until we retire (which amount is matched by our employer)--we can expect to get an average $1,000 per month after retirement. Or, in other words, we would have to collect our average of $1,000. monthly benefits for 68 years and one (l) month to equal Bradley's benefits!

Social Security could be very good if only one small change were made…that change would be to jerk the golden fleece retirement plan from under the Senators and Congressmen. Put them into the Social Security plan with the rest of us and then watch how fast they would fix it.

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Diversification: The key to surviving in this industry

As interest rates for all types of real estate loans continue to hover at, and more recently, DROP once again, many new as well as seasoned brokers find that the real estate side of the cash flow business is becoming increasingly "thin". Too many brokers chasing the same note type.

We have always found that educating yourself in as many "diversified" note types will see you through the lean times. In some cases you may find that an area that you hoped would simply supplement your present expertise soon BECOMES your company's main focus.

When was the last time, if ever, you seriously considered getting involved with factoring of commercial account receivables? Despite low interest rates, it's never been harder for BUSINESSES to qualify for small business loans...or ANY business loan for that matter. Defaults, BK's, etc. are setting records everyday. As a result, banks and typical lending institutions are becoming increasingly "skittish" when it comes to lending money to businesses for ANY reason. Small business America cannot keep up with the demands of their customers as the majority of their cash flow is tied up in the invoices they are waiting for their customers to pay. Factoring brokers help these parties get a high % of their invoices (in many cases up to 80%) within 24 hours.

90% of this country's vendors and service providers find they have to provide credit terms to their customers in order to stay competitive. Cash on delivery is literally a thing of the past. However, waiting 15, 30, 45, even 60 days for your outstanding invoices to be paid is preventing you from being productive and robbing you of higher profits.

Imagine receiving 80% of your invoiced amount the same day the product/service and respective invoice was delivered. How many additional orders could you fill? How many more customers could you attend to? Imagine the increased productivity and profitability by having cash in hand versus waiting for your customers to get around to paying you. Additionally, what kind of discounts could you take advantage of from your vendors if you paid them within 7-10 days?

Factoring accounts receivable has never been easier and more affordable. When an invoice is generated we purchase it and advance up to 80% of the invoice amount directly to the client's bank by wire transfer within 24 hours, sometimes the same day. Then, when the customer pays the invoice, the client receives the remaining balance, minus a nominal fee. Think of the additional orders they could then fill in the time they used to spend waiting for invoices to be paid! The additional profit margins on orders that previously could not be filled more than off sets the factoring fee not to mention the discounts they may realize from paying THEIR suppliers early. Factoring is a "WIN-WIN" for our clients nationwide.

How does the broker get paid? You receive a % of what we charge, typically 15%. However here's the real wealth in being a factoring broker...for every account you set up with our company, you get paid for EVERY INVOICE WE FACTOR, FOR LIFE. This residual income is what makes factoring so attractive for the brokerage community.

A simple two page application, copy of their Articles of Incorporation, aging report and a sample invoice is all that's required to get started.

Please feel free to contact us for information on increasing your company's productivity and profitability. E-mail your request today and we'll e-mail all company information including the application to your attention. Additionally, all company criteria is at our broker friendly web site.

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Broker Question of the Month

Every issue the staff at NCC select a question from the NCC Forum to share with our newsletter subscribers. Got a question, comment, story or experience to share? Post it at the NCC Forum.

This issue's posting is by Marty Wong who asked:

Hi Ed,

I have a client who has an opportunity to purchase a 5 unit complex in So. Calif. from a friend of his. He wanted to know if we would be interested in a simultaneous closing for the note. Here is the summary: 5-unit complex (5 two bedrm, two baths), appraised value is $450,000, he can purchase it for $400,000 with no down payment. The owner is willing to carry a 1st at 8%, amortized over 30 years with 5 year balloon. Can this be done?

Marty:

Head about 1/2 way down the postings at the RE page here, and find the posting entitled "Simultaneous Closings"...that really says it all.

A concern here that you should keep in mind for this and future deals is what the lack of any Payor equity is going to do to this deal. Getting in with no money down is great for the Payor TODAY, however, look what it's going to create in 5 years. When the balloon is due, the Payor will have to find a lender for an approximate 95% balloon ITV (based on sale price). I don't know ANYONE that will make that loan. Lenders want to see an investment on the borrower's part, not take all the risks themselves.

If the seller did this deal, our interest might be in a small partial, keeping the ITV around 40%-55%, but we definitely wouldn't be interested in any piece of the balloon. It's not going to get paid.

Subject to all due diligence, 58 payments would have a market in the $118K range (less your fee). If the seller can use that, she'd at least have +/-$100K instead of nothing at close, AND she retains the balloon (just under $400K).

Run that by her and see...who knows, stranger things have happened!

Good luck.

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…and finally

If you had bought $1000.00 worth of Nortel stock one year ago, it would now be worth $49.00.

With Enron, you would have $16.50 of the original $1,000.00.

With WorldCom, you would have less than $5.00 left.

If you had bought $1,000.00 worth of Budweiser (the beer, not the stock) one year ago, drank all the beer, then turned in the cans for the 10 cent deposit, you would have $214.00.

Based on the above, my current investment advice is to forget investing, drink heavily and recycle.

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3605 N. 68th Street / Scottsdale, AZ 85251 / ph: (602) 370-5670 / fx: (602) 532-7533/ email:
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