PROMISSORY NOTE SELL DIRECTION LETTER COVER SHEET On May 21, 2014, the United States District Court for the District of Utah entered an Order Clarifying Order Appointing Receiver, Freezing Assets, and Other Relief ("Clarifying Order") in Case No. 2014-cv-00309. Pursuant to the Clarifying Order, I am making a formal request that the Court-Appointed Receiver authorize certain transactions as evidenced by the attached Sell Direction Letter and related documents. By submitting this Sell Direction Letter and signing below, I hereby acknowledge that all proceeds from the requested sales transaction shall continue to remain subject to the terms of the Court’s Order Appointing Receiver, Freezing Assets, and Other Relief (“Receivership Order”). I also understand that any future requested transactions may not be approved unless I maintain or reach a ratio of 20% cash to asset value following any reinvestments. I further acknowledge and agree that I may be required to liquidate some of my other self-directed investments to generate cash in the future if a Court approved Plan of Liquidation is implemented. Signed this ____ day of ___________, 2014. Account Name(s): ____________________________________________ Account Number(s): ____________________________________________ Signature: ____________________________________________ Address: ____________________________________________ ____________________________________________ Phone Number(s): ____________________________________________ E-mail(s): ____________________________________________ Please send this cover sheet, the attached Sell Direction Letter, and all other required documents to Diane Thompson, the Court-Appointed Receiver for American Pension Services, Inc. either via email at [email protected], via facsimile at (801) 208-7302, or via postal mail at 4168 W. 12600 S., Suite 300, Riverton, Utah 84096. Rev. 06.19.2014 Promissory Note / Promissory Note Sell Direction Letter Page 2 of 2 Sell Direction Letter 1. Account Owner Information : Account Owner Name: Account Number (4 or 5 digit): Mailing Address: City: Phone: Fax: State: Zip Code: Email: 2. Purchaser’s Information : Purchaser’s Name: Mailing Address: City: Phone: Fax: State: Zip Code: Email: 3. Promissory Note Being Sold: Face Value of Note: Plan Ownership Percentage: $____________________________________ __________________________________% Has This Note Been Discounted? If Yes, Why?  YES  NO Payment Frequency:  Monthly  Quarterly  Annually  Other Payment Type:  Interest  Amortized Date of First Payment Due: Maturity Date: Interest Rate: ______________% Note Amount: Number of Payments: Payment Amount: $_____________ $_______________________ This Note is Secured By:  Company Company Name:  Real Property Address:  Vehicle/ Mobile Home VIN (Identification Number):  Other Describe: Company Address: City: State/Zip: City: State/Zip: 4. Sale Price: The promissory note is being sold for $___________________________________________. The purchase price will be sent to APS via  Cashier’s Check  Wire. APS will not authorize this transaction until after the funds identified above are received and cleared, or the funds are placed in escrow. If you plan to use an escrow agent, please complete the section below.  I acknowledge that all proceeds from this sale shall remain subject to the terms of initials the Court’s Order Appointing Receiver, Freezing Assets, and Other Relief dated April 24, 2014 and the Court’s Clarifying Order dated May 21, 2014. Rev. 06.19.2014 Promissory Note / Sell Direction Letter Page 2 of 2 5. Required Documentation:  The following documents must be provided with this sell direction letter:  Sale/purchase agreement  and  Assignment of promissory note I acknowledge that I am wholly responsible for preparing these documents and that APS will not authorize this sale unless they are provided to APS. I further acknowledge that I APS takes no responsibility for recording any documents and that I am fully responsible for recording all documents relating to this transaction, including but not limited to any assignments. 6. Who Is Handling The Closing? Escrow Agent / Attorney / Title Company: Contact Name: Fax Number: Contact Email: Contact Phone Number: I have read and approved all documents, and I agree with the terms. I understand that my account is self-directed and that American Pension Services, Inc., or any of its licensees, affiliates, or employees (collectively, “Administrator) and/or trustee or custodian does not review the merits, appropriateness and/or suitability of any investment in general, or in connection with my account in particular. I acknowledge that I have not requested the Administrator provide, and that the Administrator has not provided, any advice with respect to the investment directive set forth in this Sell Direction Letter, nor has the Administrator made any representations or recommendations or other statements regarding the parties with whom I now or in the future may be dealing. I understand that neither the Administrator nor trustee or custodian determine whether this investment is acceptable under the Employee Retirement Income Securities Act of 1974, as amended (“ERISA”), the Internal Revenue Code of 1986, as amended (the “Code”), or any other applicable federal, state, or local laws, including but not limited to securities laws. I understand that it is my responsibility to review any investments to ensure compliance with these requirements. I understand that no one at the Administrator has authority to agree to anything different than the above policy. I understand that neither the Administrator nor trustee or custodian is a “fiduciary” for my account as such term is defined in the Code, ERISA, or any applicable federal, state or local laws. I agree to release, indemnify, defend and hold the Administrator and trustee or custodian harmless from any claims arising out of this investment, including, but not limited to claims, demands, or causes of actions that an investment is not prudent, proper, diversified or otherwise in compliance with ERISA, the Code or any other applicable federal, state or local laws. I also understand and agree that the Administrator and/or trustee or custodian will not investigate, analyze, monitor, verify title to or otherwise evaluate any investment contemplated herein, or to obtain or maintain insurance coverage (whether liability, property or otherwise) with respect to any assets or investments sold or purchased by me. The Administrator shall not be responsible to take any action should there be any default with regard to this investment. Such obligation to release, indemnify, defend and hold the Administrator and trustee and/or custodian harmless shall include but not be limited to necessary court costs, attorneys’ fees, or other expenses incurred to Administrator. I alone am responsible for the selection, due diligence, management, review and retention of all investments in my account. I am directing you as Administrator, in a passive capacity, to complete this transaction as specified above. I confirm that the decision to sell this asset is in accordance with the rules of my account and applicable law and I agree to hold harmless and without liability the Administrator and/or the trustee or custodian of my account. I have reviewed this transaction with my tax and legal advisors, and it does not constitute a Prohibited Transaction (as defined in section 4975 of the Code). IMPORTANT: PURSUANT TO THE COURT’S ORDER CLARIFYING ORDER APPOINTING RECEIVER, FREEZING ASSETS, AND OTHER RELIEF DATED MAY 21, 2014, BY SUBMITTING THIS SELL DIRECTION LETTER AND SIGNING BELOW, I HEREBY AGREE THAT ALL PROCEEDS FROM THE REQUESTED TRANSACTION SHALL CONTINUE TO REMAIN FROZEN SUBJECT TO THE TERMS OF THE COURT’S ORDER APPOINTING RECEIVER, FREEZING ASSETS, AND OTHER RELIEF (“RECEIVERSHIP ORDER”). I declare that I have examined this document, including accompanying information, and to the best of my knowledge and belief, it is true, correct, and complete. X Account Owner Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ By signing I certify that I have read the disclaimer above. Rev. 06.19.2014 Date:_ _ _ _ _ _ __ _ _