On or about October 3, 2006, SMS Envirofuels, Inc. ("SSLR", f/k/a “SMS”) executed a Promissory Note payable to Earth Biofuels, Inc. (n/k/a Evolution Fuels, Inc.) (“Evolution”) The principal amount on the Promissory Note was $788,000 which became due and payable on January 31, 2007. SMS failed to make the payments required by the Promissory Note. After notice of default was given, Evolution filed suit on the Promissory Note on November 20, 2008 in the 134th Judicial District of the District Courts of Dallas County, Texas. SMS failed to appear, and Evolution was granted Default Judgment in the amount of $1,097,211.20 on July 31, 2009. The Judgment includes pre-judgment interest, court costs and attorney fees, along with post-judgment interest of 5% per annum. SMS developed a plant to produce bio-diesel from soybean oil. Evolution is now using all available legal remedies to pursuing collection on the Default Judgment.