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be prima facie evidence of the fact and amount of INDEMNITOR'S liability to the SURETY under this Agreement. Any demand upon the SURETY by the Obligee shall be sufficient to conclude that a liability exists and the INDEMNITOR shall then place the SURETY with sufficient funds in a form and amount deemed acceptable in the SURETY'S sole discretion, as collateral security to cover the liability. A copy of the Agreement of Indemnity is annexed hereto as Exhibit A. 7. Following execution of the Agreement of Indemnity by Defendant,

Westchester executed release of mechanics lien bonds as surety for Palm Beach in the aggregate amount of $6,382,389 to secure claims by subcontractors who had filed mechanics liens against a condominium apartment building in Las Vegas owned by that Palm Beach. AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE DEFENDANT FOR DEPOSIT OF COLLATERAL 8. Plaintiff Westchester Fire repeats and realleges the allegations contained

in paragraphs " 1 " through "7" hereof. 9. Subsequently PGAL, LLC and Hardy Companies, Inc. commenced actions

in Clark County District Court in the State of Nevada against, among others, Palm Beach and Westchester Fire to foreclose on bonds Westchester Fire had executed as surety for Palm Beach. 10. By letter dated November 14, 2008, Westchester Fire further demanded

that the Defendant provide collateral in the amount of $6,382,389 pursuant to the terms of the Agreement of Indemnity. 11. Despite said demand, the Defendant has failed provide Westchester Fire

with collateral.

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12.

Under the Agreement of Indemnity, Defendant is obligated to immediately

provide Westchester with the collateral it has demanded pursuant to the Agreement of Indemnity. 13. By reason of the foregoing, Plaintiff demands that Defendant pay collateral

and deposit the sum of $6,382,389 plus any future loss, costs, fees or expenses incurred plus interest and attorneys fees with Plaintiff.

AS AND FOR A SECOND CAUSE OF ACTION AGAINST THE DEFENDANT FOR DECLARATORY JUDGMENT OF INDEMNIFICATION
14. Plaintiff Westchester Fire repeats and realleges the allegations set forth in

paragraphs " 1 " through "13" hereof. 15. Westchester may be required to pay the obligees under the bonds it has

executed as surety for Palm Beach and to defend the actions brought by those obligees. 16. Under the Agreement of Indemnity Defendant is obligated to indemnify

Westchester for all losses, expenses or other payments it may be required to incur or make by reason of having executed the bonds. 17. Westchester Fire is entitled to a declaratory judgment that Defendant has

the foregoing obligations. AS AND FOR A THIRD CAUSE OF ACTION AGAINST THE DEFENDANT FOR A PRELIMINARY INJUNCTION 18. Plaintiff Westchester Fire repeats and realleges the allegations set forth in

paragraphs " 1 " through "17" hereof. 19. The Agreement of Indemnity requires the Defendant to post collateral with

the Plaintiff promptly upon the request of the Plaintiff.

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20.

Westchester Fire's right to collateral from Defendant was specifically

bargained for and agreed to by Defendant. 21. Westchester Fire has no adequate remedy at law and will be irreparably

harmed if the Defendant fails to pay collateral in the sum of $6,382,389 to Plaintiff. 22. action. 23. The issuance of a preliminary injunction will not create an undue hardship Westchester Fire has a strong likelihood of success on the merits in this

for the Defendant as the preliminary injunction will require the Defendant only to do what Defendant contracted to do in the Agreement of Indemnity. 24. Westchester Fire will suffer undue hardship if a preliminary injunction is

not granted as Westchester Fire would then be required to use its own funds to defend and pay any claims despite the promise of the Defendant to post collateral upon the request of Plaintiff. 25. For the aforementioned reasons, Westchester Fire respectfully requests

that the Court issue a preliminary injunction requiring (1) Defendant to immediately post collateral in the sum of $6,382,389 and (2) until the collateral is posted, enjoining and restraining Defendant from selling, transferring, disposing or encumbering Defendant's assets and property and granting Westchester Fire a lien upon all the assets and property owned by the Defendant and in which the Defendant has an interest.

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AS AND FOR A FOURTH CAUSE OF ACTION AGAINST THE DEFENDANT FOR COSTS, EXPENSES AND ATTORNEY'S FEES
26. Plaintiff Westchester Fire repeats and realleges the allegations set forth in

paragraphs " 1 " through "26" hereof. 27. The Agreement of Indemnity requires that Defendant indemnify

Westchester Fire for all losses and/or expenses of whatsoever kind or nature, including interest, court costs and attorney's fees that Westchester may incur by reason of having executed the bonds. 28. Defendant is obligated to pay Westchester Fire the attorney's fees and

expenses it has incurred in connection with this action. WHEREFORE, Plaintiff Westchester Fire Insurance Company respectfully requests judgment as follows: a. On the First Cause of Action against Defendant Jerry Moyes for the

deposit of the sum of $6,382,389.00 plus any future loss, costs, fees or expenses incurred plus interest and attorney's fees; b. On the Second Cause of Action a declaration that Defendant is

required to indemnify plaintiff for all losses, expenses or other payments that it may incur or be required to make by reason of having executed the bonds; c. On the Third Cause of Action issuing a preliminary injunction

requiring (1) Defendant to immediately post collateral in the sum of $6,382,389 and (2) until the collateral is posted, enjoining and restraining Defendant from selling, transferring, disposing or encumbering Defendant's assets and property and granting Westchester Fire a lien upon all the assets and property owned by the Defendant and in which the Defendant has an interest;