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Ms. Rose originally approached the company, Peterson Accounting, when she discovered problems with her faulty title to the vacant land. She hired the company to

Ms. Rose originally approached the company, Peterson Accounting, when she discovered problems with her faulty title to the vacant land. She hired the company to value the hotel property so she could provide lenders an independent appraisal of the collateral value of the property. Peterson Accounting researched valuation approaches used to determine most banks collateral value of bed and breakfast Inns in the Springfield area and discovered that most bank appraisers calculate the collateral value using the expected value approach. They place weights on appraisals that result from two methods. First, many bed and breakfast operations are valued at four times the past two years' average gross margin. Appraisers assume that this appraisal is correct about 40% of the time, and accordingly place a 40% weight on the number derived from this method. Second, many properties are valued by taking the present value of the average of the past three years' cash flows discounted at an 8% discount rate for 10 years. (Appraisers assume that the past cash flows are a good estimate of future cash flows and those cash flows should continue for 10 years in the future.) Appraisers place a weight of 60% on the number derived from this method. Using the income statement and footnotes for Motel 365 for the past three years provided by the existing owner's accountant to help in the appraisal process, verify the value of the hotel determined by Peterson Accounting by using:

Assume the verification of Petersons accounting did not result in enough loan value to avoid needing title to the vacant land and that the lien release was critical for the loan to proceed. Using the materials provided to you in the attached library (assume that the applicable precedent is from the fictional jurisdiction of the state of Green provided to you in the attached library), please address all elements of Ms. Roses negligence cause of action against First Bank of Green. Assume First Bank of Green is liable for its employees actions.

For the years ended December 31,

2004

2003

2002

Rental Revenue

$892,513

$796,500

$759,656

Other Revenues (note 1)

212,432

183,195

171,923

Total Revenues

$1,104,945

$979,695

$931,579

Cost of Revenue (note 2)

441,978

411,472

419,211

Gross Profit

$662,967

$568,223

$512,368

Marketing

110,495

97,970

93,158

General and Administrative (note 3)

287,286

254,721

242,211

Operating Income

$265,187

$215,533

$177,000

Notes to Income Statement

Note 1: Other Revenues

Other revenues consist of charges to guests for charges for other goods and services.

Note 2: Cost of Revenue

Cost of revenue includes all payroll related costs of employees; depreciation on the

property, improvements, and furniture; linen service charges; utilities; and bed taxes.

Depreciation in cost of revenue

2004

2003

2002

Building (40 year life, Straight line)

$50,000

$50,000

$50,000

Property Improvements (various)

72,000

68,500

65,000

Furniture (5 year life, Straight line)

88,000

82,000

82,000

Note 3: General and Administrative Expenses

General and administrative expenses do not include a salary for S. Martinez, the owner

of the hotel, since this is a sole proprietorship and not a corporation. Ms. Martinez took

drawings of $75,000 in 2004; $72,000 in 2003; and $70,000 in 2002 in addition to the

expenses listed above. These amounts approximate what a manager would be paid.

General and administrative expenses also include depreciation on equipment

of $22,000 in 2004; $23,000 in 2003, and $27,000 in 2002.

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