Maribel Hill v. Dwight L. Hill
Opinion
ACCEPTED 15-25-00051-cv FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/21/2025 6:22 PM NO. 15-25-00051-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS In The Court of Appeals 15th Judicial District of8/21/2025 Texas 6:22:20 PM CHRISTOPHER A. PRINE Austin, Texas Clerk Originating out of the Court of Appeals 5th Judicial District, Dallas, Texas
IN THE INTEREST OF J.L.H., A CHILD MARIBEL L. HILL, APPELLANT Respondent Below
Vs.
DWIGHT L. HILL, APPELLEE PETITIONER BELOW
Appeal of Judgment in Cause No. DF-22-14398 From the 302 nd Judicial District Court Dallas County, Texas Honorable Sandra Jackson, Presiding Judge
APPELLANT MARIBEL L. HILL'S ORIGINAL BRIEF ON APPEAL
Respectfully submitted,
ls/Marisol Lopez Marisol Lopez State Bar No. 24050952 301 W. Avenue D Garland, Texas 75040 972-205-1110 (phone) 1-866-232-2077 (facsimile) Marisol@lawyerforu.com IDENTITY OF THE PARTIES
APPELLANT/RESPONDENT: Maribel L. Hill
TRIALANDAPPELLANT COUNSEL: Marisol Lopez Lopez Law Firm State Bar No. 24050952 301 W. Avenue D Garland, Texas 75040 972-205-1110 (phone) 1-866-232-2077 (facsimile) marisol@lawyerforu.com
APPELLEE/PETITIONER: Dwight L. Hill
TRIAL AND APPELLATE COUNSEL: ORSINGER, NELSON, DOWNING & ANDERSON, LLP Richard R. Osinger State Bar NO. 15322500 425 Soledad, Suite 550 San Antonio, Texas 78205 210-225-5567 richard@ondafamilylaw.com
EPSTEIN FAMIL LAW, PC 5949 Sherry Lane, Ste 1070 Dallas, Texas 75225 Robert D. Epstein State Bar NO. 24065206 robert@epsteinpc.com Jordan C. Watson State Bar NO. 24110895 j ordan@epsteinpc.com 214-692-8200 TABLE OF CONTENTS
IDENTITY OF PARTIES AND COUNSEL ............................................... .i
TABLE OF CONTENTS .................................................................... ii
TABLE OF AUTHORITIES ............................................................... .iv
STATEMENT OF THE RECORD ......................................................... vi
STATEMENT REGARDING ORAL ARGUMENT .................................... vi
STATEMENT OF THE CASE ............................................................ vii
ISSUES PRESENTED ..................................................................... viii
APPEND IX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix
STATEMENT OF FACTS ................................................................... 1
SUMMARY OF THE ARGUMENT ....................................................... 2
ARGUMENT AND AUTHORITIES ....................................................... 2
I. THE TRIAL COURT ERRED AND ABUSED HER DISCRETION IN DIVESTING RESPONDENT'S COMPLETE INTEREST IN DHIA THEREBY CREATING AN UNEQUAL DIVISION OF THE MARITAL ESTATE . . . . . . . ................................................. .5
A. THE MARITAL ESTATE OVERALL ........................... 5
B. DWIGHT HILL INSURANCE AGENCY, INC ............... 10
1. EVIDENCE IGNORED BY THE COURT ................ 24
C. UNEQUAL DIVISION OF MARITAL ESTATE CAN EASILY BE REMEDIED ...................................... ... .29
ii II. THE TRIAL COURT ERRED, MISAPPLIED THE LAW AND ABUSED HER DISCRETION IN REDUCING THE VALUE OF RESPONDENT'S EXTENDED TERMINTION PAYMENTS (RETIREMENT BENEFITS) WHEN A CLEAR VALUE EXISTED AT THE TIME OF DIVORCE .......................... 31
III. THE TRIAL COURT ERRED AND ABUSED HER DISCRETION IN DENYING SPOUSAL MAINTENANCE .................................. 36
IV. FOLLOWING A BENCH TRIAL, RESPONDENT TIMELY FILED HER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND HER NOTICE OF PAST DUE FINDINGS OF FACT AND CONCLUSIONS OF LAW. DESPITE AN OBLIGATION TO DO SO, THE TRIAL COURT NEVER MADE FINDINGS OF FACT AND CONCLUSIONS OF LAW........................................ 42 V. PRAYER .............................................................................. 44
CERTIFICATEOF COMPLIANCE..................................................... .45
CERTIFICATEOF SERVICE............................................................ .46
iii TABLE OF AUTHORITIES
CASES PAGE
A.S. v. Texas Dep 1 of Fam. & Protective Servs., 665 S.W.3d 786, 795 (Tex. App.-Austin 2023, no pet.) ........................................................... .4
Berryv. Berry, 647 S.W.2d 945,947 (Tex.1983)......................... 21,32,33,35
Boydv. Boyd, 131 S.W.3d 611 (Tex. App.-Fort Worth 2004) ........................... .3
Cire v. Cummings, 134 S.W.3d 835, 838-39 (Tex.2004).............................. .3,4
Cherne Indus., Inc. V.Magallanes, 763 S.W.2d 768, 772 (Tex. 1989).......... 43,44
Craigv. Craig, 31 Tex. 203,204 (1868) ................................................. 22
Espe, 2021 WL 2021137, at *2 .......................................................... .3,4
Evaristo Gabriel Vazquez V.Jessica Lynn Bailey, No. 03-22-00290-CV at *3 {Tex.App. Apr 25, 2024, no pet.) ......................................................... 3,4
Hancock v. Hancock, No. 2-06-376-CV {Tex.App. 7/31/2007, No. 2-06-376-CV (Tex. App. Jul 31, 2008) ........................................... 28,29
Landerman v. State Bar of Texas, 247 S.W.3d 426, 430 (Tex. App. - Dallas 2008, pet denied).................................................................................... 44
Murf v. Murf, 615 S.W.2d 696, 698 (Tex. 1981)........................................................................................ 3,31
In re C.A.S., 405 S.W.3d 373,384 (Tex.App. -Dallas 2013, no pet.) .................. .4
Tenery v. Tenery, 932 S.W. 2d 29, 30 {Tex. 1996)....................................... 44
Sharma vs. Routh, 302 S.W. 3d 355, 360 (Tex.App.-Houston, [14th District] 2009, no petition) ......................................................................... 5, 23
WarrenBaker, JR and Dorris J. Baker vs. Commissioner of Internal Revenue,
iv No. 02-3262 *5 US Court of Appeals (2003) ....................................... 11, 28
In the Matter of William C. Wade and Frances Carol Wade, 923 S.W.2d 735 (1996) .................................................................................. 12,32,33
Zeifman v. Michels, 212 S.w.3d 582, 588 (Tex. App.-Austin 2006, pet. Denied)... .4
STATUTES Tex. Fam. Code § 7.001 (Vernon 2006) .................................................... 3
Tex. Fam. Code § 8.051. (Vernon 2006) ......................................... 36,41,42
Tex. Fam. Code § 8.052 (Vernon 2006) ......................................... .36,41,42
Tex. Fam. Code § 8.053 (Vernon 2006) ..........................................
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ACCEPTED 15-25-00051-cv FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/21/2025 6:22 PM NO. 15-25-00051-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS In The Court of Appeals 15th Judicial District of8/21/2025 Texas 6:22:20 PM CHRISTOPHER A. PRINE Austin, Texas Clerk Originating out of the Court of Appeals 5th Judicial District, Dallas, Texas
IN THE INTEREST OF J.L.H., A CHILD MARIBEL L. HILL, APPELLANT Respondent Below
Vs.
DWIGHT L. HILL, APPELLEE PETITIONER BELOW
Appeal of Judgment in Cause No. DF-22-14398 From the 302 nd Judicial District Court Dallas County, Texas Honorable Sandra Jackson, Presiding Judge
APPELLANT MARIBEL L. HILL'S ORIGINAL BRIEF ON APPEAL
Respectfully submitted,
ls/Marisol Lopez Marisol Lopez State Bar No. 24050952 301 W. Avenue D Garland, Texas 75040 972-205-1110 (phone) 1-866-232-2077 (facsimile) Marisol@lawyerforu.com IDENTITY OF THE PARTIES
APPELLANT/RESPONDENT: Maribel L. Hill
TRIALANDAPPELLANT COUNSEL: Marisol Lopez Lopez Law Firm State Bar No. 24050952 301 W. Avenue D Garland, Texas 75040 972-205-1110 (phone) 1-866-232-2077 (facsimile) marisol@lawyerforu.com
APPELLEE/PETITIONER: Dwight L. Hill
TRIAL AND APPELLATE COUNSEL: ORSINGER, NELSON, DOWNING & ANDERSON, LLP Richard R. Osinger State Bar NO. 15322500 425 Soledad, Suite 550 San Antonio, Texas 78205 210-225-5567 richard@ondafamilylaw.com
EPSTEIN FAMIL LAW, PC 5949 Sherry Lane, Ste 1070 Dallas, Texas 75225 Robert D. Epstein State Bar NO. 24065206 robert@epsteinpc.com Jordan C. Watson State Bar NO. 24110895 j ordan@epsteinpc.com 214-692-8200 TABLE OF CONTENTS
IDENTITY OF PARTIES AND COUNSEL ............................................... .i
TABLE OF CONTENTS .................................................................... ii
TABLE OF AUTHORITIES ............................................................... .iv
STATEMENT OF THE RECORD ......................................................... vi
STATEMENT REGARDING ORAL ARGUMENT .................................... vi
STATEMENT OF THE CASE ............................................................ vii
ISSUES PRESENTED ..................................................................... viii
APPEND IX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix
STATEMENT OF FACTS ................................................................... 1
SUMMARY OF THE ARGUMENT ....................................................... 2
ARGUMENT AND AUTHORITIES ....................................................... 2
I. THE TRIAL COURT ERRED AND ABUSED HER DISCRETION IN DIVESTING RESPONDENT'S COMPLETE INTEREST IN DHIA THEREBY CREATING AN UNEQUAL DIVISION OF THE MARITAL ESTATE . . . . . . . ................................................. .5
A. THE MARITAL ESTATE OVERALL ........................... 5
B. DWIGHT HILL INSURANCE AGENCY, INC ............... 10
1. EVIDENCE IGNORED BY THE COURT ................ 24
C. UNEQUAL DIVISION OF MARITAL ESTATE CAN EASILY BE REMEDIED ...................................... ... .29
ii II. THE TRIAL COURT ERRED, MISAPPLIED THE LAW AND ABUSED HER DISCRETION IN REDUCING THE VALUE OF RESPONDENT'S EXTENDED TERMINTION PAYMENTS (RETIREMENT BENEFITS) WHEN A CLEAR VALUE EXISTED AT THE TIME OF DIVORCE .......................... 31
III. THE TRIAL COURT ERRED AND ABUSED HER DISCRETION IN DENYING SPOUSAL MAINTENANCE .................................. 36
IV. FOLLOWING A BENCH TRIAL, RESPONDENT TIMELY FILED HER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND HER NOTICE OF PAST DUE FINDINGS OF FACT AND CONCLUSIONS OF LAW. DESPITE AN OBLIGATION TO DO SO, THE TRIAL COURT NEVER MADE FINDINGS OF FACT AND CONCLUSIONS OF LAW........................................ 42 V. PRAYER .............................................................................. 44
CERTIFICATEOF COMPLIANCE..................................................... .45
CERTIFICATEOF SERVICE............................................................ .46
iii TABLE OF AUTHORITIES
CASES PAGE
A.S. v. Texas Dep 1 of Fam. & Protective Servs., 665 S.W.3d 786, 795 (Tex. App.-Austin 2023, no pet.) ........................................................... .4
Berryv. Berry, 647 S.W.2d 945,947 (Tex.1983)......................... 21,32,33,35
Boydv. Boyd, 131 S.W.3d 611 (Tex. App.-Fort Worth 2004) ........................... .3
Cire v. Cummings, 134 S.W.3d 835, 838-39 (Tex.2004).............................. .3,4
Cherne Indus., Inc. V.Magallanes, 763 S.W.2d 768, 772 (Tex. 1989).......... 43,44
Craigv. Craig, 31 Tex. 203,204 (1868) ................................................. 22
Espe, 2021 WL 2021137, at *2 .......................................................... .3,4
Evaristo Gabriel Vazquez V.Jessica Lynn Bailey, No. 03-22-00290-CV at *3 {Tex.App. Apr 25, 2024, no pet.) ......................................................... 3,4
Hancock v. Hancock, No. 2-06-376-CV {Tex.App. 7/31/2007, No. 2-06-376-CV (Tex. App. Jul 31, 2008) ........................................... 28,29
Landerman v. State Bar of Texas, 247 S.W.3d 426, 430 (Tex. App. - Dallas 2008, pet denied).................................................................................... 44
Murf v. Murf, 615 S.W.2d 696, 698 (Tex. 1981)........................................................................................ 3,31
In re C.A.S., 405 S.W.3d 373,384 (Tex.App. -Dallas 2013, no pet.) .................. .4
Tenery v. Tenery, 932 S.W. 2d 29, 30 {Tex. 1996)....................................... 44
Sharma vs. Routh, 302 S.W. 3d 355, 360 (Tex.App.-Houston, [14th District] 2009, no petition) ......................................................................... 5, 23
WarrenBaker, JR and Dorris J. Baker vs. Commissioner of Internal Revenue,
iv No. 02-3262 *5 US Court of Appeals (2003) ....................................... 11, 28
In the Matter of William C. Wade and Frances Carol Wade, 923 S.W.2d 735 (1996) .................................................................................. 12,32,33
Zeifman v. Michels, 212 S.w.3d 582, 588 (Tex. App.-Austin 2006, pet. Denied)... .4
STATUTES Tex. Fam. Code § 7.001 (Vernon 2006) .................................................... 3
Tex. Fam. Code § 8.051. (Vernon 2006) ......................................... 36,41,42
Tex. Fam. Code § 8.052 (Vernon 2006) ......................................... .36,41,42
Tex. Fam. Code § 8.053 (Vernon 2006) .......................................... .36,41,42
Tex. Fam. Code § 8.054 (Vernon 2006) ...................................... .36,41,42,43
RULES Tex. R. Civ. P. 297 ........................................................................... 44
Tex. R. Civ. P. 298 ........................................................................... 44
V STATEMENTOF THE RECORD
The Clerk's Record:
CR P. X = OEC (clerks first record submitted) SCR P. X = Supplemental Court Record
The Reporter's Record:
TRV2 P. X, Lines X = Volume 2 Trial on the Merits/Exhibits TRV3 P. X, Lines X = Volume 3 Trial on the Merits/Exhibits ME P. X, Lines X = Motion to Enter SME P. X, Lines X = Supplemental Motion to Enter SRSM P. X, Lines X = Supplemental Record Spousal Maintenance
EX X = main exhibits pulled from record due to large volume of trial exhibits
Respondent is Appellant - wife/mother
Petitioner is Appellee - husband/father.
STATEMENTREGARDINGORALARGUMENT
The Court should grant oral argument because it would give the Court a
more complete understanding of the facts presented by her case, and although this
is not a terribly complicated case, oral argument would allow the Court to better
analyze the legal issues presented by appeal.
vi STATEMENTOF THE CASE
Nature of the case: This is an appeal from an unequal division of a martial estate in which Respondent was not awarded one half the value of the community business, nor was that value accounted for elsewhere, where Respondent was awarded a lower value of retirement benefits than what the value was as of the date of divorce, and Respondent was not awarded any spousal maintenance though the evidence showed her to be a stay at home wife and mom for 23 years.
District Court: Hon. Sandra Jackson, Presiding Judge 302 nd Judicial District Court in Dallas County.
Course of Proceedings: Petitioner, Dwight Hill, filed for divorce because the marriage had become irreconcilable. Respondent, Maribel Hill, filed an answer and a counter-petition for cruelty in the marriage. The child had turned 18 prior to the divorce.
District Court Disposition: Following a bench trial on June 17th and June 20th of 2024, Respondent, after three attempts, had a motion for spousal maintenance heard but the Court never issued a ruling. Respondent and Petitioner had various hearings regarding the decree and the Court's rulings. The Court showed much partiality to Petitioner's attorneys and attempted to create and censor the record to match her predetermined rulings. This is not unusual as there are many cases on appeal regarding the 302nd. Respondent filed requesting Findings of Fact and Conclusions of Law and the late notice but the Court never issued any Findings of Fact and Conclusions of Law.
The Court ordered that Petitioner receive 63% and the wife 37% of the marital community estate, not counting the reduction of retirement benefits, all which can easily be remedied by this Honorable Court.
vii ISSUES PRESENTED
I. THE TRIAL COURT ERRED AND ABUSED HER DISCRETION IN DIVESTING RESPONDENT'S COMPLETE INTEREST IN DHIA THEREBY CREATING AN UNEQUAL DIVISION OF THE MARITAL ESTATE.
II. THE TRIAL COURT ERRED, MISAPPLIED THE LAW AND ABUSED HER DISCRETION IN REDUCING THE VALUE OF RESPONDENT'S EXTENDED TERMINTION PAYMENTS {RETIREMENT BENEFITS) WHEN A CLEAR VALUE EXISTED AT THE TIME OF DIVORCE.
III. THE TRIAL COURT ERRED AND ABUSED HER DISCRETION IN DENYING SPOUSAL MAINTENANCE.
IV. FOLLOWING A BENCH TRIAL, RESPONDENT TIMELY FILED HER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND HER NOTICE OF PAST DUE FINDINGS OF FACT AND CONCLUSIONS OF LAW. DESPITE AN OBLIGATION TO DO SO, THE TRIAL COURT NEVER MADE FINDINGS OF FACT AND CONCLUSIONS OF LAW.
viii APPENDIX EX A: Wife's Amended Property Division EX B: State Farm Termination and Extended Termination Payments Valued as of June 20, 2024, Attached to Exhibit C (Divorce Decree) EX C: Divorce Decree EX D: Current Mortgage on Elsby (Respondent's Separate Property Which Is Paying Mortgage on 1211 Velasco) EX E: Elsby Mortgage Prior to Marriage ($ 78,527) With a Water Claim Being Paid of$ 83,583.52, Made Prior to Marriage EX F: Fuqua Report Valuing Business at$ 728,000 as of 2022 EX G: Restore Agreement - Community Joint Venture EX H: DHIAArticles of Incorporation EX I: Note Showing Respondent as Vice President of DHIA EX J: DHIA/State Farm Contract EX K: Tax Return Showing Sample K-1 EX L: Tex. Fam. Code § 7.001 (Vernon 2006) EX M: Tex. Fam. Code§ 8.051. (Vernon 2006) EX N: Tex. Fam. Code§ 8.052 (Vernon 2006) EX 0: Tex. Fam. Code§ 8.053 (Vernon 2006) EXP: Tex. Fam. Code§ 8.054 (Vernon 2006) EX Q: Tex. R. Civ. P. 297
EX R: Tex. R. Civ. P. 298
ix STATEMENT OF FACTS
On June 17th and 24 th, 2024, a non-jury trial took place in the matter of Hill
vs. Hill. The parties were married from October 19, 2001 to June 20, 2024. (CR P.
85, 99) Final rulings were rendered on December 10, 2024. (CR P. 99) Respondent
timely filed her request for Findings of Fact and Conclusions of Law (FFCL) (CR P.
113-118) and timely filed her past due notice of FFCL (CR P. 164-166) FFCL were
never filed by _theCourt. The trial Court, successfully and unsuccessfully, sought to
craft the record to fit her predetermined rulings of divesting Respondent of her share
of Dwight Hill Insurance Agency, Inc (DHIA), (TRV3 P. 92, lines 19-22), spousal
support (TRV3 P. 102, lines 2-21 ), and oflowering the value of her future retirement
benefits, the most valuable assets of the marital estate. 1 (TRV3 P. 7, lines 17-25 &
P. 8, lines 1-16, P. 72, lines 18-19; TRV2 P. 180, lines 1 - P. 186, line 9, as some
examples) Petitioner was allowed to provide long winded answers while
1 TRV3 P. 7, lines 17-22 - Maribel Hill testimony - Q: "So the property at Fort Velasco, right now, there's a house on that property, true? A: That's flooded right now, yes. Q: Objection, nonresponsive. A: yes Court: sustained" Q: It's got a house.." Court: "Mrs. Hill, he's going to ask you questions."; P. 8 line 6 "Don't add anything else."; P. 8 line 10-14, Ms. Lopez: "Objection, Your Honor. I asked questions to Mr. Hill he added a lot of other things. The Court: "And I object---listen, don't your start with me. Sit down." Ms. Lopez: "I'm just objecting, your Honor."; P. 72, lines 17-20 Ms. Lopez: "How long have you been a stay at home mom and wife? A: Almost 23 years. Q: And were you allowed to work outside the home? The Court: okay. That's redundant, Counsel. She's said it before."
1 Respondent's testimony was limited. (TRV2 & TRV3) Petitioner received 63% of
the marital estate and Respondent received 37% of the marital estate.
SUMMARY OF THE ARGUMENT
The trial Court committed reversable error, abused her discretion,
misapplied the law, did not understand some of her own rulings when she rendered
an unequal division of the marital estate in favor of Petitioner. The court
misapplied the law, and did not understand her own ruling, when she reduced the
value of Respondent's share of the future retirement benefits, known as extended
termination payments, to be received by Respondent as, if and when received by
Petitioner. The Court abused her discretion and committed clear error by divesting
Respondent of$ 364,000, her share of the value of the marital estate community
business, DHIA, without equalizing Respondent's share elsewhere. The Court
abused her discretion in not awarding Respondent, a stay-at-home wife and mother
of twenty-three (23) years, who has been denied one job after the other, any
spousal maintenance and left her without any income. Respondent is living off of a
retirement account that charges penalties and taxes every time money is pulled out
and said account will soon be exhausted.
ARGUMENT
2 A trial court is charged with dividing a community estate in a "just and
equitable" manner, considering the rights of BOTH parties. Tex. Fam. Code§ 7.001
(Vernon 2006). A trial court's division of a martial estate is reviewed for an abuse
of discretion. Murf v. Murf, 615 S.W.2d 696, 698 (Tex. 1981). "A trial court abuses
its discretion if it acts without reference to any guiding rules and principles such that
the ruling is arbitrary or unreasonable." Espe, 2021 WL 2021137, at *1 (Citing Cire
v. Cummings, 134 S.W.3d 835, 838-39 (Tex.2004); Evaristo Gabriel Vazquez V.
Jessica Lynn Bailey, No. 03-22-00290-CV at *3 (Tex. App. Apr 25, 2024, no pet.)
In determining whether the trial court abused its discretion by deciding an issue
without sufficient support, the court uses a two pronged inquiry: ( 1) did the trial
court have sufficient evidence upon which to exercise its discretion and (2) did the
trial court err in its application to that discretion. Boyd v. Boyd, 131 S.W.3d 611 (Tex.
App. - Fort Worth 2004) The division need not be equal, and an unequal division
will be upheld on appeal so long as a reasonable basis exists for it. Muri, 615 S.W.
2d 696, 698, 699 (Tex. 1981). In exercising its discretion in dividing the estate, the
trial court may consider many factors, commonly known as the "Murf factors,"
including, but not limited to, the nature of the property, the disparity of incomes or
earning capacities, the parties business opportunities, the parties relative financial
condition and obligations, the parties education and physical condition, the benefit
the innocent spouse would have received had the marriage continued and the
3 probable need for future support. Id. at 699; In re C.A.S., 405 S.W.3d 373,384 (Tex.
App. -Dallas 2013, no pet.)
The abuse of discretion standard overlaps with traditional sufficiency standard
of review in family law cases. Evaristo, No. 03-22-00290-CV at *3 (Tex. App. Apr
25, 2024, no pet.).; Zeifman v. Michels, 212 S.w.3d 582,588 (Tex. App.-Austin 2006,
pet. Denied) Challenges to legal and factual sufficiency do not constitute
independent grounds for asserting errors but are instead relevant factors in
determining whether the trial court abused its discretion. Evaristo, No. 03-22-00290-
CV at *3 (Tex. App. Apr 25, 2024, no pet.); Espe, 2021 WL 2021137, at *2 (Citing
Cire, 134 S.W.3d 835, 838-39 (Tex.2004) "Evidence is legally sufficient when it
would enable reasonable and fair minded people to reach the verdict under review
and is factually insufficient only if it is so contrary to the overwhelming weight of
the evidence as to be clearly wrong and unjust." Evaristo, No. 03-22-00290-CV at
*3 (Tex. App. Apr 25, 2024, no pet.); A.S. v. Texas Dep 1 of Fam. & Protective Servs.,
665 S.W.3d 786, 795 (Tex. App.-Austin 2023, no pet.) "A trial court does not abuse
its discretion if there is at least some substantive, probative evidence that "exists to
support the trial court's decision." Evaristo, No. 03-22-00290-CV at *3 (Tex. App.
Apr 25, 2024, no pet.); Espe, 2021 WL 2021137, at *2 (Citing Cire, 134 S.W.3d 835,
838-39 (Tex.2004). "To convince this court to disturb the trial court's division of
property, Timothy must show the trial court clearly abused its discretion by a
4 division or an order that is manifestly unjust and unfair." Sharma vs. Routh, 302
S.W. 3d 355, 360 (Tex. App.-Houston, [14th District] 2009, no petition). The Court's
division was manifestly biased, unjust, against the weight of the evidence, unfair,
clear error, misapplication of law and had no reasonable basis to render an unequal
division of a LARGE estate in favor of Petitioner. Fair minded reasonable people
would never reach such an unfair verdict.
Respondent hereby incorporates all paragraphs together within this brief as
much is interrelated.
I. THE TRIAL COURT ERRED AND ABUSED HER DISCRETION IN DIVESTING RESPONDENT'S COMPLETE INTEREST IN DHIA THEREBY CREATING AN UNEQUAL DIVISION OF THE MARITAL ESTATE
A. THE MARITAL ESTATE OVERALL
The community estate had total assets of approximately $ 3,046,898 (EX A;
TRV3 P. 133-140), excluding future retirement benefits (termination and extended
termination payments), agreed children's distributions, deemed separate property
nor small personal property with unsupported values, such as jewelry, guns, and used
furniture. Community assets awarded to the Petitioner was $ 1,918,203.50 and to
Respondent was$ 1,128,694.50, a 63/37 split. Had Respondent received her share
of DHIA, the correctly characterized community property business (TRV3 P. 88,
lines 8-10), Petitioner would have received 51% of the community estate and
5 Respondent 49%, a more equal division. Of course, the future retirement benefits
are not in play in this breakdown. The breakdown is as follows (EX A & EX C):
1) Real property (beach property= Velasco & Nesmith (5 lots on Nesmith)
$961,000.00 - $ 265,000.00 (Velasco) = $ 696,000.00 total
Velasco's mortgage rests on Elsby (EX D; TRV3 P. 39, Lines 11-25, P. 40
- P. 41, Lines 1-5, P. 174-187), Respondent's separate property. (TRV3 P.
85, Lines 23-25) Of note, during the bench trial, Velasco and all beach
property was being inundated by the current hurricane. Petitioner
continuously leveraged Elsby (TRV3 P. 38, lines 24-25, P. 39 - P. 41, line
11) to acquire beach property free and clear of loans. Petitioner benefited
from this strategy because all property he received is free and clear of
loans. Petitioner, knowing he was going to file for divorce, paid off
everything, including all vehicles, and left Respondent's separate property,
Elsby, she and her college kids need to live in, with a hefty mortgage. (EX
A & D) This makes Velasco a wash and not a credit to Petitioner. Elsby's
mortgage is now three times higher post marriage. (TRV3 P. 156-160, EX
E) Elsby had a $ 78,522 mortgage on it, prior to marriage, and was being
paid$ 83,583.52 for a claim that originated, prior to marriage, to repair the
downstairs. (TRV3 P. 37, lines 18-25, P. 38, lines 1-2; EXE) The insurance
company paid the contractors as they repaired the home. (TRV3 P. 38, lines
6 3-5) Within months of marriage, Petitioner began leveraging the property
by refinancing it over and over in order to gain cash to buy other properties.
(TRV 3 P. 38, lines 24-25, P. 39 lines 1-7; EX E) Upon divorce, Elsby is
the only asset encumbered, and since the Court wrongfully divested
Respondent of her share of the income of the community business (TRV3
P. 92, lines 2-21), though she agreed fifty percent (50%) of the business
income belonged to Respondent,2 and denied spousal maintenance (TRV3
P. 102, lines 2-21), Respondent cannot qualify to assume the now higher
mortgage herself. With that, the Court ordered Respondent to sign the
Assumption Deed of Trust, attached to the decree (EX C), as of September
15, 2025 (SME p. 31, lines 18-25, P. 32-P. 40, line 11), which was not
only not a ruling at trial (TRV3 Pg. 85-111), this places a lot of power on
Petitioner to acquire Respondent's separate property home if she misses a
single payment. Respondent signing said assumption to her separate
property home is injustice when the Court divested Respondent's interest
in DHIA and no spousal maintenance, leaving her without an income, after
being a stay at home wife and mother for twenty-three (23) years, making
it impossible for Respondent to assume the mortgage alone, and when the
2 TRV3 P. 89, lines 11-12 The Court: "It is the income of the business that's community property. That's why the Court said on that it's 50/50."
7 Court could have ordered the home be paid off like all the other property
was. The Court's impartial rulings and unequal division of the marital
estate is leading to a once wealthy woman's indigency, which was not
necessary, being that the value of the estate was several million dollars and
the community business earns close to $ 500,000 per year. Insurance
premiums only continue to rise.
107 Nesmith, known as the three beachfront buildable beach lots, valued
at $546,000, was ordered to be sold, and wife not be allowed to be the
broker. (TRV3 P. 86, LINES 8-16) The split was ordered as 35% net to
Petitioner and 65% net to Respondent to offset the whole life policy's ALL
being awarded to Petitioner. (TRV3 P. 102, lines 9-21) The Court lowered
the recovery of the property because 6% must be paid to a realtor, and
Respondent, holding a real estate license, could have saved 3% of the
realtor fees and/or gained some income.
Total to Petitioner: $ 75,000 (123 Nesmith) + 191,100 (pre-net of 107 Nesmith) = $266,100
$ 75,000 + $ 141,414 (net)= $216,414
Total to Respondent:$ 75,000 (118 Nesmith)+ 354,900 (pre-net of 107 Nesmith)=$ 429,900
$ 75,000 + $ 262,626.00 (net)=$ 337,626.
8 Unfortunately, 107 Nesmith remains for sale. (SRSM P. 9, lines 22-25 &
P. 10, lines 1-21) With high interest rates and the real estate market in a
sludge, beach properties are not moving. Should the Court allow any
receivership, to sell the lots, in the future, this will increase the unequal
division of the estate as Petitioner has already received all of the whole life
policies without any taxes or penalties.
CASH AND FINANCIAL ACCOUNTS
Petitioner - $ 90,579.50. Petitioner previously received his $ 52,742.00
(TRV3 P. 87, lines 20-22)
Respondent- $ 66,099.50 (this lasted about 6 months as Respondent's
minimum bills are $ 10,000 per month (TRV3 P. 51, lines 13-16, SCR P.
232-236; SCR P. 20-22)
2) CLOSELY HELD BUSINESS INTERESTS
Petitioner - $ 728,058.50; DHIA valued at $ 728,000.00 based on net
income (TRV2 P. 194, Lines 1-5 and 21-25, P. 195, lines 1-19, P. 1129-
1140, EX F P. 7) + $ 117/2=$ 58.50
Respondent - $ 602.50; Restore Entertainment - $ 544.00 + $ 117/2=$
58.50. Restore was a community joint venture (TRV3 P. 26, lines 18-23,
P. 42, lines 24-25, P. 43, lines 1-14; EX G, TRV3 P. 346) that never
generated income. The court's ruling is unclear as to whether she is
9 deducting, adding or neither Petitioner's claimed $ 89,502 he unfairly
wants credited to the wife as an asset she received when it was a
community venture and Restore has no worth. {TRV3 P. 43, lines 7-8, P.
88, lines 2-4; EX A & G)
3) RETIREMENT ACCOUNTS
Petitioner-$ 604,886.50
Respondent - $ 605,592.50
4) MOTOR VEHICLES
Petitioner - $ 22,600.00
Respondent - $26,500.00
5) MISCELLANEOUS ASSETS
The court did not assign values to these items on spreadsheet as no
evidence/appraisals existed and each was awarded what they had in their
possession. {TRV3 P. 95, Lines 2-11)
6) INSURANCE - Whole Life Policies
Petitioner - $ 203,538 (TRV3 P. 95, lines 21-24)
Respondent - $ 0.00
B. DWIGHT HILL INSURANCE AGENCY, INC. (DHIA)
DHIA opened after marriage. {TRV3p. 363-364, EX H) Respondent was fifty
percent (50%) shareholder on the K-ls {TRV3P. 44, lines 17-25, P. 45, lines 1-3, P.
10 375, EX K) and reflected as a co-owner on loans (TRV3 P. 790-792, EX.I) as well,
though Petitioner controlled all the money. (TRV3 P. 45, lines 6-7) Respondent was
on the K-ls as fifty percent (50%) shareholder every year. (TRV3 P. 365 -788)
Respondent was not allowed to have a credit card in her name until Restore was
opened. (TRV3 P. 45, lines 8-13)
Though the Court correctly characterized (DHIA) and the income it generated
as community property with a fifty-fifty (50/50) split (TRV3 P. 89, lines 6-12), she
later stated she was talking about termination payments (TRV3 P. 89, lines 18-23)
and refused to award Respondent fifty percent ( 50%) of the actual value of DHIA.
This does not make sense since she clearly stated, "The next distribution, under the
businesses, would be to .... ", indicating she had moved on to the next subject, which
was DHIA, after completing termination payment rulings. (TRV3 P. 89, lines 22-25
& P.88, lines 11-25) The Court erroneously misapplied the law if she treated the
termination payments as one half the value ofDHIA. Had the Court issued findings
of fact and conclusions of law the reason would be known. In fact, Fuqua did not
consider the termination payments when valuing the business at $ 728,000.00.
(TRV2 P. 193, lines 19-25) Termination payments are not for the sale of the business 3
3 Warren Baker, JR and Dorris J. Baker vs. Commissioner of Internal Revenue, No. 02-3262 *5 US Court of Appeals (2003)
11 but are instead deferred compensation to be divided upon divorce. 4 Termination
payments are income to be divided upon retirement or termination, if, as and when
received, to incentivize an agent to not become State Farm's competitor, but is
nevertheless, not the VALUE of the business. Alternatively, the Court abused her
discretion and followed Petitioner's cues, like head movements (TRV3 P. 91, lines
5-6), eye contact or just straight words into the record, that occurred throughout the
trial, to render that manifestly unjust and clearly wrong lack of award of the value
ofDHIA that no reasonable person would have done.
Moreover, the Court undoubtedly turned a deaf ear to the $ 728,000 valuation
ofDHIA by Mr. Fuqua, claiming she didn't hear said valuation. (TRV3 P. 89, lines
24-25 & P. 90, lines 1-18) When asked if she was going to award zero dollars to the
wife of the community business earning about half a million a year (TRV3 P. 90,
lines 22-25), she said she didn't say that (TRV3 P. 91, line 2), yet in the end that is
exactly what she did (Ex C) Petitioner, upon hearing the trial court was not going to
award zero dollars to Respondent for the community business, guided the Court on
how to repair the award of "50% income" to the wife, alleging she was referring to
termination payments. (TRV3 P. 91, lines 1-25)
4 In the Matter of the Marriage of WilliamC. Wadeand Frances Carol Wade,923 S.W.2d 735 (Tex. App.-Texarkana, 1996, no writ)
12 The Court then stated the "expert said the business can't be sold." (TRV3 P.
91, lines 20-23) Notice how the court reiterated for the record, during trial, with Mr.
Fuqua, the NON State Farm expert, that, he BELIEVES the agency cannot be sold.
(TRV2 P. 199, lines 1-3, The Court: "Sir, one question from the Court. Am I hearing
you say that a State Farm Agency cannot be sold?" Fuqua: "Not that I'm aware.")
Fuqua does not know for sure whether the agency can be sold or not and has admitted
that it could be sold with State Farm permission.
The Court certainly did not clarify his valuation of$ 728,000 for DHIA nor
that he admitted the contract that applies in THIS divorce says it can be sold with
State Farm permission. (TRV2 P. 186, lines 24-25 & P. 187, lines 1-6) Notice the
Court also did not reiterate for the record that Mr. Fuqua admitted he is NOT a State
Farm expert, has never worked for State Farm and is deriving all of his information
from Petitioner, himself. (TRV2 and TRV3) Though the Court, when necessary,
treated Fuqua as a State Farm expert to justify her impartial rulings (TRV3 P. 92,
lines 12-15), in a different occasion, she admitted that there was NO State Farm
expert testimony. (TRV3 P. 107, lines 6-7) Nonetheless, the Court, though she stated
she didn't HEAR Fuqua value the business, she later stated" ... and he objected to
that ... " (TRV3 P. 90, lines 9-10), when Respondent said he testified to the valuation
as$ 728,000.00. (TRV3 P. 89, lines 24-25 & P. 90, line 1) Clearly, the Court heard
the valuation. In fact, the Court also stated, "Based on what you did preliminarily
13 then what Mr. Orsinger did not do, and then when you did what you did, Mr.
Orsinger was given latitude by the Court to give value." (TRV3 P. 90, lines 11-14)
What Respondent "did" was object to the report as hearsay, at the time that it was,
at the beginning of trial (TRV2 P.184, lines 23-25; P. 185, lines 1 - 25; P. 186, lines
1-23) and questioned Fuqua on the report after the foundation was appropriately laid.
(TRV2 P. 188, lines 19-25; P. 189, lines 1-25; P. 190, lines 1-25; P. 194, lines 1-5)
What Petitioner "did not do" was purposefully not question Fuqua on the value of
the business, so there would not be evidence in the record as to the value, because
the Court had struck Respondent's accountant expert, Vantarakis. (TRV2 P.154,
lines 23-25) If there is not a value in the record, then the Court doesn't have a hard
number to use in awarding Respondent her fifty percent (50%) interest in DHIA.
Petitioner did not anticipate that Respondent had cross designated Fuqua, so
after much discussion with the Court, Respondent was finally able to question Mr.
Fuqua on the value he had rendered for DHIA but was prevented from fully
developing said valuation because the Court made Respondent "yield her time"
(TRV3 P. 179, lines 23 - P. 190, line 20) to return Fuqua to Petitioner to
"rehabilitate" him in the manner that he needed to (TRV2 P. 180, lines 1 - P. 186,
line 9), when Petitioner continued.to inappropriately object to Respondent being able
to question Fuqua on the value. Petitioner had the opportunity to question Fuqua on
the value, after laying the appropriate foundation, and prior to Respondent's
14 questioning of Fuqua, but deliberately chose not to. Please read pages 180 through
186 of TRV2, though other areas of the transcript evidence such as well, to see the
level of impartiality exhibited by the Court in favor of Petitioner and the aid
Petitioner received from the Court to prevent the value of the business from entering
the record. Respondent had the right and responsibility to object to an expert report
as hearsay until the expert was on the stand and a foundation laid. The Court used
Respondent's objection to the hearsay document, appropriately made at the
beginning of trial, to try to censor the record on the value of the business since
Petitioner's goal was to exclude said value. It is evident in these pages that the Court
was figuring out how Petitioner wanted her to rule so she could comply. Why would
any Judge ask one party if it was THEIR intention to admit a produced trial exhibit
or not and then exclude it based on THAT party's intention instead of on whether
the document was authenticated by the expert and now admissible? This is clear
impartiality and cannot be allowed in our Court system, especially family law courts
where families' livelihoods are at stake. Real families whose lives are being turned
upside down by a divorce are in desperate need of our Courts to be impartial, fair
and to divide an estate in a just, right and fair manner and protect the well-being of
ALL parties in the process.
As a result of more partiality, Respondent was cut short of her attorney
questioning her and developing what she needed to develop in regards to abuse,
15 health issues and earning capacity, in addition to being censored in questioning
Fuqua. When the Court was trying to figure out whole life policies, the Court stated
she didn't hear certain evidence and Respondent's attorney stated, "Because I got
cut short." (TRV3 P. 97, lines 21-22) The trial court responded "You didn't get cut
short. You ran out of time." (TRV3 P. 97, lines 23-25) The record reflects how much
time Respondent had for her attorney to develop her side of the case and how much
time Petitioner had to develop his case. Please see the Offer of Proof for all the
evidence Respondent was purposefully not given time to offer. (TRV3 P. 81, lines
24 - P. 84, line 19) This is impartiality, at best. Nonetheless, following Petitioner's
leading questions to Fuqua making him testify as if he is completely incompetent
and didn't know what he was doing when he rendered a valuation of the business
(TRV3 P. 190, lines 23 -P. 192, line 20), Respondent, on redirect, was able to obtain
the value of the business on the record. Fuqua testified the value of DHIA in 2022
was $ 728,000, and testified to the method he employed to derive at such valuation.
Notice Fuqua testified that the valuation of$ 728,000, did not have anything to do
with the termination payments because he testified that they were not considered in
the valuation, as they should not have been. See as follows:
TRV2, P.193, line 3 -25 (Fuqua Testimony)
Q. So you're telling me that you did not have the State Farm Agreement when you rendered this opinion because you just testified earlier with me that you did?
16 A. We did not consider the State Farm Agreement nor the termination payments when we came up with that valuation.
Q. And how many years have you been doing this?
A. Twenty-five or 30.
Q. And how many divorce cases have you testified in?
A. Over a hundred.
Q. And do you normally not read the agreement that they have, though it's been provided to you, and you provided it as one of the things that you reviewed, prior to rendering your analysis of what you felt the business was worth?
A. No, we read it.
Q. So you did read it?
A. Yes.
Q. Okay. And so, all of the documents that were provided that you said you looked at that you reviewed when you rendered the $728,000 that you stated in your report that you reviewed, you did consider when you made your evaluation of $728,000, true?
A. Not as it being freely transferable and not with respect to the termination payments. We did not consider that.
TRV2, P. 194, lines 1 - 25 (Fuqua Testimony)
Q. Okay. Here's where I would like some help if you don't mind. I do not understand if the value is $748,600 based on 2022 or if it's $728,000?
A. 728,000. We used the capitalization of earnings met. We did not use the market data method.
17 Q. Okay. And when you did this analysis, on Report 002857, okay, it was based on earnings of $331,790 and in 2019, $329,888, 2020, 335,274, '21, 371,474 '22, correct? This is your report.
A. Incorrect.
Q. Incorrect. So what did you use these numbers for-
A. You're confusing the term revenues and the term income.
Q. Okay. So in your total revenues, these numbers were part of your analysis, true?
A. True.
Q. And in 2023, have you seen that tax return?
A. I have.
Q: And how much was that?
A: As I sit here today, I cannot recall.
Q: So let me just show you that it is $438,000 for 2023.
A: The revenues?
Q: 1120, yes.
A: We look at the net income. We don't go into the revenues.
TRV2, P. 195, lines 1 - 10 (Fuqua Testimony)
Q. That would certainly not decrease a 728,000 dollar value, true?
A. Would you mind moving it up so we can see what the net income shows of 154,000?
Q. Yeah
18 A. That's the number that we would frequently use in trying to come up with our capitalization earnings method.
Q: Okay. Which you did the same thing, right, for these years?
A. Correct.
TRV2, P. 188, lines 4-8 (Fuqua Testimony)
Q. Okay. But you did provide a list of insurance agents that have sold their business, true?
A. I do believe that, in most of our valuation reports, we include some comparable's, if we can find them, similar companies that have been sold, yes.
TRV2, P. 195, lines 14-19 (Fuqua Testimony)
Q. When you do a valuation of a business, do you normally account for when somebody lives through the business?
A. Yeah, we try to consider any kind of personal expenses that were paid out of the business.
Q. And did you do that when you did this report?
A. Probably not to the extent that you would like us to.
Fuqua valued the business for $ 728,000, in 2022, with comparable, after
reviewing the specific contract between DHIA and State Farm, looking at the
revenue and income after considering personal expenses, and that report was to be
used at trial as a number in which to award Respondent her share of the value of the
business. All businesses have a value and this business should have been divided
fifty-fifty (50/50). Of note, Fuqua did not update the valuation (EX F) as the earnings
consistently increased, making the business likely worth more. {TRV2 P. 194, Lines
19 21-22) In reality, Petitioner would only have been giving Respondent less than one
year's income on a business he will continue to earn almost half a million dollars on
for years to come, making $ 364,000, not exactly a fair award either. The income
that will continue to be made, after marriage, came from the renewal of premiums
derived during the marriage. Had Petitioner not filed for divorce, Respondent would
have benefited from the continued earnings of the community business and would
not be in financial distress.
Though Fuqua was qualified to conduct a business valuation based on the
revenue and income earned, he was and is not qualified to make decisions on whether
State Farm would allow the servicing of policies by DHIA to be sold or assigned to
another agent for a profit. A reasonable person would not believe that he could make
such decision when he stated he was not a State Farm expert, not a State Farm
representative and that he derived the information from Petitioner (TRV2 P. 172,
lines 8-15) and when he admitted the contract says it can be sold with State Farm's
permission. Nevertheless, the court would use the terminology, "the expert said",
to attempt to justify her predetermined rulings regarding whether DHIA could be
sold and how to calculate the value of the percentage for the extended termination
pay, the two biggest disputed items in this divorce. Yet, the Court made clear when
discussing termination payment values that there was NO State Farm expert. (TRV3
P. 107, lines 6-8, THE COURT: Unless you-all brought an expert in from State
20 Farm, which you did not, then the Court would have a hard number but we don't.")
The Court is incorrect that a hard number does not exist and erred because State
Farm gave the hard number on the value already earned as of the date of divorce as
$ 6,888 for termination payment and$ 6,816 for extended termination payment. (See
Exhibit B)
The ONLY State Farm evidence, before the Court, was the contract between
State Farm and DHIA stating State Farm can give permission to sell or assign DHIA
and the values earned, as of the date of divorce, for termination and for extended
termination payments, all directly from State Farm. While Fuqua could value the
business, Fuqua could not change the terms of the contract between State Fann and
DHIA. While Fuqua could read the value of the termination and the extended
termination payments, already placed by State Farm themselves, as of the date of
divorce, on State Farm's document (Exhibit B), Fuqua cannot change the terms of
the already earned value. In fact, an expert is not needed to know the value of the
termination and extended termination payments because all one has to do is read
State Farm's document, EX B. This document does not require expert knowledge.
Fuqua also cannot change Berry which states retirement benefits are to be valued as
of the date of divorce AS IF ELIGIBLE TO RETIRE. Berry v. Berry, 647 S.W.2d 945,
946 (Tex.1983) Expert testimony is not needed to read or understand: "The
following are your estimated monthly termination and Extended Termination
21 Payments by company assuming a 5/31/2024 termination date ..... Term Pay $ 6,888
and Ext Term Pay$ 6,816." (EX B) Without question, the already earned amount as
of the date of divorce, was known at the time the divorce decree was signed. This is
clear error, misapplication of the law, unjust, against the great weight of the
evidence, and so manifestly unfair that it is just plain wrong.
The Court divesting Respondent/wife of ALL of her community interest in
DHIA (TRV2 P. 179, lines 23-25 - P. 186, line 9, P. 188, lines 16 - P. 190, line 20,
P. 199, lines 1-3), without any equalization, is an abuse of discretion. 5 The Court,
after Petitioner's million inappropriate objections to Respondent questioning Mr.
Fuqua of the DHIA valuation, though perfectly appropriate to do so, told
Respondent, right as Respondent was starting to question Fuqua on the valuation of
the business, "Ms. Lopez, you 're going to yield your time. Sit down" (TRV2 P. 190,
lines 17-18) and passed Fuqua back to Petitioner to undo his testimony. Respondent
was in shock, paralyzed, at the level of abuse of power, the level of impartiality and
complete disregard for the rule of law. Respondent's counsel has never seen such
blatant bias at a trial before. Though partiality and hostility has been the norm with
this Court, this level of impartiality was not fathomable. The Fifth Court of Appeals
5 Craig v. Craig, 31 Tex. 203, 204 (1868) (finding abuse of discretion when trial court's property division divested one party of "all his property".
22 has countless appeals regarding this Court. (See Court of Appeals 5th District) Clear
abuse of discretion and of power.
The Court, the morning of trial, excluded Alex Vantarakis, Respondent's
accountant expert who agreed with Fuqua's $ 728,000 valuation of DHIA up to year
2022. (TRV2 P. 148, line 24-25 & P. 152, line 23; TRV3 P. 84, line 14-18)
Accordingly, Petitioner, with the aid of the Court, changed his trial strategy to
exclude the business valuation, altogether, and argue 'the business cannot be sold"
(TRV2 P. 180, lines 15-21, P. 181, lines 23-25, P. 182, line l,P. 190, lines 1-5),
arguing that Respondent receives zero of her interest in the business.
Nonetheless, the Court not dividing the$ 728,000 value allowed Petitioner a
windfall of$ 364,000.00, that unequivocally belongs to Respondent. This is clear
error. Sharma vs. Routh, 302 S.W. 3d 355, 360 (Tex. App. -Houston, [14th District]
2009, no petition) The estate was large enough to, at a minimum, assess that value
elsewhere. For instance, the Court could have awarded all three beach front lots, 107
Nesmith, to Respondent to equalize the value of the business, instead of a 35%/65%
net profit split, which was made to equalize Petitioner receiving all of the whole life
policies. With that said, Respondent needs income so a buyout would have allowed
Respondent income to live on while still allowing Petitioner a large income as well.
23 Fuqua, was paid a minimum of$ 8,000.00 {TRV2P. 174, line 24) to value the
business and he testified that he took various factors, such as income and revenue
into account when assessing the value. (TRV2 P. 194, lines 14-16, 24) Fuqua would
not have been hired to conduct a business valuation if DHIA did not have a value to
divide upon divorce.
1. EVIDENCE IGNORED BY THE COURT
a. DHIA/State Farm contract states under Section VI (B):
" ..... and no right in any sum due or to become due to the agent
hereunder can be sold, assigned, or pledged without the prior written
consent of the Companies." {TRV2 P. 461 - 472, EX J) Clearly, an
agency can be sold to another State Farm agent with State Farm
perm1ss1on.
b. Fuqua admits he read the contract prior to rendering his report. (TRV2
P. 193, Line 12-18)
c. Fuqua's valuation of$ 728,000. (EX F and prior paragraphs)
d. Fuqua's admission that the contract states the agency can be sold with
State Farm permission. See Fuqua's testimony TRV2 P. 186, lines 24 -
25 and TRV2 P. 187, lines 1-9:
24 Q. And you testified today that an insurance agency that is contracted
with State Farm is unable to be sold or assigned, true, to anyone?
A. Not without State Farm's permission that is correct.
Q. So with State Farm's permission, then it can be assigned?
A. Conceptually, if State Fann were to agree to it, I guess that it could.
Like I said, because of the termination payments, being so lucrative, no
one would want to jeopardize their termination payments by either
trying to sell or compete against State Farm. It's just not logical.
Fuqua's assertion that if the agency is sold or assigned for a profit
termination payments are forfeited is unfounded, not grounded in
anything and not logical. There is no evidence that says that if an agent
sells his book of business, with State Farm permission, to obviously an
approved agent he/she loses his termination payments. What is not
logical here is for State Farm to give permission for an agent to sell
their business to Allstate or another insurance company's agent, thereby
competing with State Farm. Termination payments are not affected by
selling an agency to another State Farm agent with State Farm
permission as the seller/agent is not competing with State Farm. As
Fuqua states, "Like I said, because of the termination payments, being
so lucrative, no one would want to jeopardize their termination
25 payments by either trying to sell or compete against State Farm. It's just
not logical." It is definitely not logical for an agent to not seek State
Farm permission to sell the agency to another State Farm agent and it
would not be logical to retire before receiving full retirement benefits.
e. Fuqua's admission that insurance agencies are sold and valued by
similar comparables and that he did such in this case. {TRV2 P. 188,
lines 4-8)
f. No State Farm expert testimony was in evidence, as Court admits,6
other than documents straight from State Farm.
g. Fuqua admitted he is not a State Farm expert or representative, nor has
he ever worked for State Farm {TRV2 p. 172, lines 4-7p. 174, lines 14-
16) and only knows about State Farm through Petitioner and the agent's
agreement. (TRV2 P. 172, lines 8-15)
h. Petitioner admits his father transferred accounts to him when he got
started. (TRV2 P. 91, lines 18-23)
1. Petitioner admits his contract states agency can be sold with State Farm
permission. (TRV2 p. 94, lines 15-19)
6 TRV3 P. 107 "The Court: Unless you-all brought an expert in from State Farm, which you did
not ..... ";
26 j. Fuqua, thirty-year accountant, clearly valued DHIA. (TRV2 p. 193, line
8-9; EX F)
k. Petitioner's admission that no State Farm expert is there to validate his
testimony that contradicts the DHIA/State Farm contract. (TRV2 P. 94,
lines 23-25, P. 95, Line 1)
I. Petitioner's admission, that he himself, hired Fuqua to value DHIA.
(TRV2 P. 95, lines 4-6)
Without FFCL, it appears the Court used the excuse to completely divest
Respondent of her interest in DHIA on insufficient evidence and grounds, relying on
contradictory verbiage from a non State Farm expert, that "the business cannot be
sold" (TRV2 P. 199, lines 1-3), while also admitting it can be sold with State Farm
permission, and all while ignoring the actual State Farm evidence stating in black
and white that it can be sold with permission and the admissions thereto. No
reasonable, fair minded person would disregard the State Fann/DHIA contract and
admissions, and award the wife zero for the value of the business, nor at a minimum
equalize Respondent's share elsewhere in the estate. This is legally and factually
insufficient evidence, clear error, an abuse of discretion, manifestly unjust and so
unfair to just be plain wrong. Even if the business could not be sold, a divisible value
still exists, which is why a value was placed, and a reasonable and objective fair
minded person would divide it. Should DHIA not be able to be sold and/or had no
27 value to divide upon divorce, either way, Petitioner would not have spent $ 8,000
valuing the business and would have hired a State Farm expert to come state that the
business cannot be sold or assigned through any manner. Petitioner, himself,
received assigned accounts in the past. Of note, the termination payments are not
payments made for the sale of the business either.7 Those benefits are separate and
apart from the sale of the business.
In Hancock, the spouse owned an insurance agency with no buyers, derived
during the marriage, and the Court considered this agency to be a community
business t~at consisted of an insurance agency receiving income from renewal of
premiums that arose during the marriage. Hancock v. Hancock, No. 2-06-376-CV
(Tex. App. 7/31/2007, No. 2-06-376-CV {Tex. App. Jul 31, 2008) "Because the
business was the community asset being valued, not the individual renewals, we
cannot say that Rice improperly considered the anticipated revenue in valuing the
agency or that the trial court abused its discretion by including the amount in its
valuation of the agency." Id at *7 "Based on the above discussion, we hold that the
trial court did not abuse its discretion by valuing the insurance agency at $
170,520.00." Id. Similar to Hancock, DHIA had a value placed, $ 728,000, after
7 "While Baker built the insurance agency; the tools he used were on loan from State Farm. State Farm's termination payments were not for the sale of a business where a buyer was able to step into the seller's shoes." Warren Baker, JR and Dorris J. Baker vs. Commissioner of Internal Revenue, No. 02-3262 US Court of Appeals (2003) Termination Payments are ordinary income." Id at 5.
28 considering all factors and the Court should have divided the value the same as in
Hancock. Regardless of whether there was a buyer, whether or not it could be sold,
the law requires a fair, just and right division of a marital .estate and to arrive at such
the Court should have awarded$ 364,000, to be paid to Respondent over time, or
have equalized the division of the estate by awarding Respondent her share ofDHIA,
$ 364,000, in another manner such as all of 107 Nesmith.
C. UNEQUAL DIVISION OF THE MARTIAL ESTATE CAN EASILY BE REMEDIED The disparagingly disproportionate and unfair overall division of the
community estate can be remedied by this Honorable Court by ordering the trial
court to award Respondent her$ 364,000, interest in DHIA, to be paid over a period
of time. This is not to include retirement benefits or spousal maintenance. Awarding
Respondent her share of the $ 364,000, to be paid over time, would better equalize
the estate to a 51/49% division of the marital estate, though Petitioner will continue
to make substantial income for years to come based on the renewal of premiums
derived during the 23 year marriage. This would also allow Respondent to have an
income to qualify to assume the mortgage on Elsby and afford her an opportunity to
rehabilitate herself in the workforce while not becoming indigent in the process, as
she is fifty-five years of age and ill. (TRV3 P. 50, lines 11-P. 51, line 12) Retirement
is built over decades, not over ten years. By the time Respondent is sixty years of
age, she would have used all of the retirement fund awarded to her to meet her
29 minimum reasonable needs since that is how she is supporting herself now while
trying to build a real estate and mortgage company, after being denied countless jobs.
(SRSM P. 47, lines 12-21, P. 29, lines 7- P. 30, line 8) Being awarded one half of the
real property was just but it takes time to sell real property and in the meantime
property taxes, mortgage, living and upkeep must be paid. Divesting Respondent of
$ 364,000, that rightfully belongs to her, when an estate could support awarding such
to the wife, is an abuse of discretion as that lack of division is manifestly unjust and
unfair. Our legislatures and Courts created the standard, just, right and fair division
of a marital estate to protect both parties in a divorce.
Furthermore, Petitioner rendered the estate cash poor so there was not much
liquid money to divide for the wife to live on. (EX A) The money that could be
borrowed against, without having to qualify, were the whole life policies which were
given to Petitioner completely. This left Respondent without a way to access any
money since she does not currently qualify for loans. Now that the community
business was given to the Petitioner, without a buyout, Petitioner earns about $
35,000 to $ 40,000 per month while Respondent earns $ 0.00 per month. This must
be equalized. In fact, Respondent is paying for leads, with her retirement money she
is pulling out, to try to obtain real estate and mortgage clients but has received zero
income to date. (See Spousal Maintenance section of the brief) Petitioner filed for
divorce, not Respondent, and had Respondent still been married she would also be
30 earning $35,000 to $40,000 per month and would not be in financial distress. Given
the factors in Muri, if an unequal division of the estate were to occur, it would have
been reasonable for Respondent to receive a higher percentage of the estate due to
her lack of income, age, years of marriage, health and the nature of the property.
Respondent prays this Honorable Court reverse the trial Court and award
Respondent$ 364,000, for her share ofDHIA, to be paid over time.
II.THE TRIAL COURT ERRED, MISAPPLIED THE LAW AND ABUSED HER DISCRETION IN REDUCING THE VALUE OF RESPONDENT'S EXTENDED TERMINTION PAYMENTS (RETIREMENT BENEFITS) WHEN A CLEAR VALUE EXISTED AT THE TIME OF DIVORCE
The Court erroneously reduced the value of Respondent's extended
termination pay from 31.63% of$ 6,816.00 to 31.63% of$ 4,269.00 based on
insufficient evidence, not understanding what "actuarial" means, a misapplication of
and contrary to law. (TRV3 P. 106, line 24- P. 110, lines 9; EX B & C; CR P. 84-114
& TRV3 P. 816) There is no "actuarial division" at State Farm, as stated by the
Court, (TRV3 P. 109, lines 13-14) evidencing that she did not understand what her
ruling actually was. The Court refused to view Exhibit B (TRV3 P. 106, lines 11-
12), which Respondent was utilizing to seek clarification on whether the 31.63%
would apply against the $ 6,701 or the actuarily reduced amount of$ 4,169.00,
values assessed as of May 30, 2024. The document, EX B, clearly shows the
numbers earned, as of May 30, 2024, and below a different set of numbers if one
31 retires early. It would not be logical, as stated by Fuqua, to risk losing full retirement
benefits. Consequently, Petitioner, if he didn't qualify under the Early Notification
Program to retire on June 20, 2024, for full benefits, would not likely retire before
the age of sixty-five (65) since he was a few months shy of sixty (60) years of age
upon divorce. With that said, Petitioner already qualified for full benefits under the
Early Notification Program. The Court would not allow Respondent to place the
document so that clarification could be obtained. (TRV3 P. 105, line 23 - P. 106,
lines 23) However, the Court allowed Petitioner to argue facts so she could comply
with their analysis to award the actuarily reduced value of extended termination
payments, instead of the already earned amount, that she herself did not understand.
State Farm, themselves, had already determined the value of benefits earned as of
June 20, 2024, the date of divorce, in black and white, and the Court ignored that.
(EX B) State Farm's evidence weighs much more than an accountant who has never
worked for State Farm, nor is a State Farm expert. Clearly, the Court erred by not
understanding what actuarially reduced is, by ignoring State Farm's clear
numbers/values as of the date of divorce and not applying the correct value to
Respondent's 31.63% of the extended termination payments (EX B; TRV3 P. 6-8),
regardless ofFuqua's non State Farm expert testimony, and in compliance with Berry
and Wade.
32 Extended termination payments are characterized as community property
and should be divided upon divorce.8 The court properly characterized the
extended termination pay as community property. {TRV3 P. 88, line 22) The
Court properly determined the percentage of 31.63% of the retirement benefits,
based on the years of marriage. However, the court committed error when she
reduced the value of these retirement benefits without following Berry, Wade and
other case law, and without an understanding of what "actuarily reduced" is as
she thought that was a division of State Farm. When the value of such benefits is
in issue, however, the benefits are to be apportioned to the spouse based upon the
value of the community's interest at the time of divorce. Matter of Marriage of
Wade, 923 S.W.2d 735 at *739 (1996); Berry v. Berry, 647 S.W.2d 945, 947
(Tex.1983) "Specifically, the trial court is to determine the amount of benefits the
earning spouse would receive on the date of divorce IF he or she WERE
ELIGIBLE for the benefits on that date. Id at 946. Though Petitioner, as of May
30, 2024, qualified for the $ 6,701, and as of June 20, 2024, qualified for the $
6,816, value of extended termination payments under the Early Termination
Program (EX B), Respondent argues, in the alternative, under Berry and Wade,
8 "Unmatured retirement benefits earned during marriage are community assets subject to division upon divorce; such benefits are not earned on day on which they mature, but are instead a form of deferred compensation earned each month of employment; at time of divorce, they constitute contingent property interest of the marital estate." In the Matter of the Marriage of William C. Wade and Frances Carol Wade, 923 S.W.2d 735 (Tex.App.-Texarkana, 1996, no writ);
33 this deferred compensation is valued as if ELIGIBLE TO RETIRE, regardless.
The $ 6,701 value was undisputedly earned as of May 30, 2024, according to State
Farm. (EX B) Because Petitioner was not sixty-five (65), at the time of divorce,
does not negate the value earned as of the date of divorce, June 20, 2024, which
was $ 6,816. (EX B) If Petitioner did not qualify under the Early Notification
Program, which he did, then IF he were fully eligible to retire on the date of
divorce the value of extended termination payments was$ 6,816.00, as per State
Farm, the ONLY State Farm evidence. By the time Petitioner retires, that amount
will increase. Respondent is not entitled to the increase over$ 6,816.00, and did
not request for any amount above$ 6,816.00.
Our legislatures would never devise a system where retirement benefits are
earned during a marriage, but upon divorce, the nonworking spouse doesn't
acquire the already earned retirement benefits just because the working spouse is
not eligible to RECEIVE them at the time of divorce. That would be unjust leaving
a working spouse with all of the retirement and the nonworking spouse, who likely
cared for the kids and for the working spouse, for years, without a retirement at
all. Many companies do not provide retirement benefits at all if one retires before
the designated age of retirement with that company. All of those nonworking
spouses, or stay at home spouses, would not have any retirement income under
34 that scenario. Our legislature protects nonworking spouses and stay at home
moms and dads from this very abuse.
In Berry, Berry, at the time of divorce, was NOT entitled to ANY
retirement benefits at all because he was not yet sixty years of age, which was the
prerequisite under the noncontributory retirement plan. Berry, 641 S.W.2d 945
(Tex.1983) However, though Berry was making $ 946.34 per month, at actual
retirement, Berry would have received $ 221.21 per month had he been fully
eligible to retire at the time of divorce. Id. at 946. Berry had already earned $
221.21 per month for retirement at the time of divorce but could not receive it
until he was 60 years of age. Similarly, Petitioner had already earned $ 6,816.00,
per month, but was not yet eligible to receive it, since he was not yet 65 years of
age, that is ifhe did not qualify already under the Early Notification Program.
Though Ms. Berry was not entitled to any post divorce increases m
retirement benefits, she was entitled to$ 110.60 per month, 50% of what the value
was at the time of divorce AS IF ELIGIBLE to retire. Id Similarly, Respondent
is entitled to receive 31.63% (based on years of marriage) of$ 6,816, as of the
date of divorce, as if Petitioner was 65 years of age and fully eligible to retire on
the date of divorce. Again, Petitioner was actually already eligible under the Early
Notification Program as well. (EX B)
35 Reducing the value of Respondent's extended termination payments was clear
error, unjust, unfair, misapplication of law, misunderstanding of the facts and law, a
misunderstanding of what actuarily reduced means and how that does or does not
apply, and an abuse of discretion. Logically, Petitioner would have hired a State
Farm expert to testify had the value been$ 4,269.00, at the time of divorce. In reality,
had a State Farm expert testified, that expert would have reiterated the document
produced by State Farm that the earned value is $ 6,816.00, at the time of divorce.
Respondent requests this Honorable Court order the trial Court to award
Respondent 31.63% of$ 6,816.00, the value at the time of divorce, to be paid for
Extended Termination payments if, as and when received by Petitioner.
III. THE TRIAL COURT ERRED AND ABUSED HER DISCRETION IN DENYING SPOUSAL MAINTENANCE
Under Tex. Fam. Code Sec. 8.051, 8.052, 8.053, and 8.054, the court may
order maintenance for either spouse only if the spouse seeking maintenance will lack
sufficient property, including the spouse's separate property, on dissolution of the
marriage to provide for the spouse's minimum reasonable needs if the spouse has
been married to the other spouse for 10 years or longer and lacks the ability to earn
sufficient income to provide for the spouse's minimum reasonable needs and has
exercised reasonable diligence in earning sufficient income to provide for her
36 mm1mum reasonable needs or developing skills necessary to provide for her
minimum reasonable needs.
Here, though there is much real property, the nonworking spouse, wife and
mother, does not have any income, nor liquid assets, nor does she have any access
to borrowing money. In fact, Respondent was left without sufficient money to pay
for her own counsel. As such, Respondent's first attorneys were not fully defending
Respondent and minimizing the required discovery disclosures. (SCR P. 7, 11) Said
counsel withdrew from representing Respondent. (SCR P. 13) Respondent's sister
filed a notice of appearance and represented Respondent free of charge (SCR P. 17)
because Respondent had been left without money. Moreover, Respondent had to file
a Motion for Temporary Orders because Petitioner had closed bank accounts and
credit cards preventing Respondent from accessing any money to live and pay bills
while one child was still under 18 years of age. (SCR P. 20 - 22) Petitioner spent
roughly$ 109,000, in one attorneys' fees (TRV3 P. 76, line 3), and unnecessarily
brought in another attorney from San Antonio, Orsinger, as well, and spent more
money on attorneys' fees. Petitioner benefited greatly from Respondent's sister not
having charged the estate to defend Respondent the same $ 109,000 + Orsinger's
fees, Petitioner's attorneys gained. The time Respondent and her attorney spent to
attempt to figure out the finances was enormous since Petitioner controlled all of the
finances. With that said, attorneys were not necessary at all for Petitioner since
37 Respondent's sister offered to draft the decree for free provided all would be split
50/50. (TRV3 P. 146, lines 4 - 12)
Furthermore, had the Court awarded Respondent some of the whole life
policies, she could have at least borrowed against them, without having to qualify
for a loan, to help pay for her share of the real property taxes and upkeep and to
otherwise survive. See as follows:
SRSMP. 39, lines 16-23 (Maribel Hill Testimony)
Q. (By Ms. Lopez) Do you currently have financial stability?
A.No.
Q. The whole life policies, would they have provided you a way to have income?
Q. Do you qualify for a loan currently?
The marital estate paid on the while life policies for 23 years and the policies
were in debt at the time of marriage. (TRV3 P. 49, lines 6 - P. 50, line 10)
Respondent qualifies for spousal maintenance. (SRSM; SCR P. 225-244 & P.
448-523) She was a stay-at-home wife and mother for twenty-three years (TRV3 P.
70, lines 24-25, P. 71, lines 1-7, P. 72, lines 14-15) and now lacks the ability and
health to earn sufficient income to provide for her minimum reasonable needs.
38 (TRV3, P. 31- P. 32, line 14, P. 10, lines 12-16, P. 51, lines 11-16, P. 52, line 25, P.
53 - P. 54, line 17; SME entire transcript, SME P. 9 line, 16 - P. 11, P. 14, lines 6-
25, P. 15 lines 1-25, P. 16, lines 1-21, P. 23, lines 23-25, P. 23, lines 1-3, P. 37, lines
4-20, 24, P. 38 line 1-24; SRSM entire transcript) Respondent, though credentialed,
lost earning capacity by being at home tending to her husband and kids instead of
building her career. While separated and thereafter, Respondent took classes to learn
the new market in real estate, study and retake her exams for her mortgage license
and applied for countless jobs of which she was repeatedly denied employment.
(SCRp. 225-244, 448-523; SRSMtranscript) Respondent, age 55, could only obtain
100% commission jobs in the real estate and mortgage market and sadly has not had
one closing. (SCR p 225-244, 448-523; SRSMtranscript) Respondent had to file for
temporary spousal maintenance pending appeal, and after three settings (SCR P. 1-
4), of which Respondent was turned away from at the Courtroom, on the third try
the motion was finally heard but never ruled on. (CR P. 12) The evidence at trial
showed Respondent did not earn money in any business venture during the marriage.
(TRV3 P. 30 - P. 31, line 15) The estate was kept cash poor (EX A) All whole life
policies that could be borrowed against were given to the husband. (TRV3 P. 95,
lines 21-24) Real property exists that has not sold and costs money to maintain and
a wife/mother, like all human beings, have financial needs to survive. Currently,
Respondent is paying penalties and taxes on the money she is having to pull out to
39 survive from her retirement account. Respondent has applied for countless jobs but
no one will employ her. See as follows:
SRSM P. 37, lines 4-21 (Maribel Hill Testimony)
Q. Why are you asking the Court of Appeals to find you indigent for purposes of appeal?
A. Because I do not have an income, and I have been looking for a job, and I was not awarded any spousal maintenance nor was I awarded half of the business that was created after marriage.
Q. Do you have an income?
A. No.
Q. Do you have access to cash money?
A. I have investments that when I pull out, I have to pay penalty and taxes on.
Q. Is that how you're living today?
Q. How did you pay property taxes?
A. Pulling out money from my retirement.
Q. And, at this point, when will that retirement be exhausted?
A. Within three years.
SRSMP. 38, lines 11- 24 (Maribel Hill Testimony)
Q. Have you done everything that you can to find a job?
40 Q. Are you trying to rehabilitate yourself in the workforce?
Q. Did you take classes to rehabilitate yourself in the workforce?
A. Yes, real estate and mortgage classes.
Q. And who was the primary caregiver of the kids?
A.Me.
Q. And do these kids still come home to stay with you?
A. They live with me.
Respondent deserves the opportunity to transition into independent living
without becoming indigent in the process. Justice is severely compromised when
one spouse is allowed to remain with the entire community property business and
earn$ 35,000 to$ 40,000 per month, while the stay at home mom and wife of 23
years becomes indigent and can't support her reasonable needs because she is no
longer marketable in the workforce. The nature of the property divided was mainly
real property that requires an income to maintain and not lose in a foreclosure. As
already stated, the only liquid money was in the whole life policies and in the income
generated by DHIA. A reasonable and fair minded person would never leave a
nonworking spouse without access to liquid money or award an entire community
business to one spouse. This is an injustice, unreasonable and just plain wrong. Our
legislatures devised Tex. Fam. Code Sec. 8.051, 8.052, 8.053, and 8.054, to help the
41 class of people just like Respondent from becoming indigent as a result of staying at
home to care for the family, instead of building their careers, and then finding
themselves divorced and indigent. Respondent is the very person our legislatures
created these statutes to protect. Respondent qualifies and has complied with all of
the necessary requirements and deserves the protections afforded her under Tex.
Fam. Code Sec. 8.051, 8.052, 8.053, and 8.054. Spousal maintenance should have
been awarded for at least five years.
Respondent prays that this Honorable Court will order the trial Court to award
Respondent$ 5,000.00, per month, as spousal maintenance for five years, which is
only half of what Respondent needs to meet her minimum reasonable needs to
survive and to maintain her real property while she rehabilitates herself in the
workforce.
IV. FOLLOWING A BENCH TRIAL, RESPONDENT TIMELY FILED HER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND HER NOTICE OF PAST DUE FINDINGS OF FACT AND CONCLUSIONS OF LAW. DESPITE AN OBLIGATION TO DO SO, THE TRIAL COURT NEVER MADE FINDINGS OF FACT AND CONCLUSIONS OF LAW.
What was the basis for why the Court awarded the entire community property
business to the husband without an equalization of the value of the business to wife?
What was the basis for why the Court reduced the already earned value of the
extended termination payments to the wife, especially since she thought State Farm·
42 had an "actuarial division"? What was the basis for not awarding ANY spousal
maintenance and ignoring that our legislatures allow up to seven years of spousal
maintenance, Sec. 8.054 (l)(B), to a stay at home wife and mom of twenty-three
(23) years to give her an opportunity to rehabilitate herself in the workforce and not
become homeless at the age of sixty (60)? What was the basis, after hearing that the
wife had not been able to gain employment and had zero income or way to access
money, because the Court depleted her of that, other than to drain her retirement
account, for not awarding any spousal maintenance, even pending appeal?
Findings of fact and conclusions of law would certainly help answer these
questions. Respondent timely filed her request for findings of fact and conclusions
of law. (CR P. 113-118) Respondent timely filed her past due notice for findings of
fact and conclusions of law. (CR P. 164-166) The Court requested Petitioner's
attorney draft her findings of fact and conclusions of law (TRV3 P. 110, lines 1-9)
to which Respondent objected to. (CR P. 186-189) That practice only gives
opposing counsel an opportunity to state what he/she wants a court to determine
and defeats the purpose of receiving FFCL from the Court. Such a practice should
never be allowed in our court system. Nevertheless, the court failed to make her
findings of fact and conclusions of law.
When a trial court has served as the fact finder, the trial court is required to
make findings of fact and conclusions of law following a timely request. Cherne
43 Indus., Inc. V.Magallanes, 163 S.W.2d 768, 772 (Tex. 1989) ("the trial court's duty
to file findings and conclusions is mandatory"); Landerman v. State Bar of Texas,
247 S.W.3d 426, 430 (Tex. App. - Dallas 2008, pet denied) ("When properly
requested, the trial court has a mandatory duty to file findings of fact."); see also
Tex. R. Civ. P. 297 ("The court shall file its findings of fact and conclusions of
law.") Moreover, a trial court's failure to make findings of fact and conclusions of
law is generally presumed harmful. Tenery v. Tenery, 932 S.W. 2d 29, 30 (Tex.
1996); Cherne Indus., Inc. v. Magallanes, 163 S.W.2d 768, 772 (Tex. 1989). The
court should have made findings of fact and conclusions of law and given
Respondent the opportunity to understand how the awards, and lack thereof, raised
in this appeal complied with the laws that Texas has to ensure that a just, right and
fair division of a marital estate ensues while protecting the rights and well-being of
BOTH parties, not just one. This also would have afforded Respondent the
opportunity to request additional findings of fact to clarify any remaining questions.
Tex. R. Civ. P. 298.
V. PRAYER
Respondent prays this Honorable Court will reverse the trial court's judgment
and equalize the division of the community estate by rendering judgment that
Respondent is entitled to $ 364,000, her share of the value of DHIA, to be paid
monthly over the course of three years, render judgment that the value of the
44 extended termination pay be that of$ 6,816.00 to be paid at 31.63% to the wife, as,
if and when received by Petitioner and render judgment that Petitioner is to pay
Respondent$ 5,000 per month for five years in spousal maintenance. Respondent
further prays that this Honorable Court will reverse the trial's court's order requiring
Respondent to sign a Deed of Trust to Secure Assumption, on behalf of Petitioner,
for Respondent's separate property. Alternatively, Respondent prays that this Court
reverse and remand with instructions that the trial court make findings of fact and
conclusions of law, herself, and not allow Petitioner's attorneys to draft such for her.
Respondent also prays for her costs and for all other relief to which she may be
entitled.
Isl Marisol Lopez MARISOL LOPEZ LAW FIRM Marisol Lopez State Bar No 24050952 301 W Avenue D Garland, TX 75040 972-205-1110 office 1-866-232-2077 facsimile marisol@lawyerforu.com
CERTIFICATE OF COMPLIANCE I certify that, according to my word processor's word-count function, in the sections of this brief covered by TRAP 9.4(i)(l), there are 10,892 words.
45 Isl Marisol Lopez Marisol Lopez
CERTIFICATEOF SERVICE
Counsel for Movant/Appellant certifies that a true copy of this Notice has been forwarded in accordance with TRAP 9.5 this _21st_ day of August, 2025 to
Petitioner Dwight Hill's lead attorney: EPSTEIN FAMILY LAW, P.C. Robert D. Epstein State Bar No. 24065206 robert@epsteinpc.com 5949 Sherry Lane, Suite 1070 Dallas, TX 75225 Tel: (972) 232-7673
And
ORSINGER, NELSON, DOWNING & ANDERSON, LLP Richard R. Orsinger State Bar NO. 15322500 425 Soledad, Suite 550 San Antonio, Texas 78205 210-225-5567 richard({.~ondafamilylaw.com
Attorneys for Petitioner/ Appellee
Isl Marisol Lopez Marisol Lopez Attorney for Maribel Hill, Respondent/ Appellant
46 APPENDIX EXHIBIT A
WIFE'S AMENDED PROPERTY DIVISION In the Matter of the Marriage of Hill
Wife's Husband's Value Used Percent to Note Description Proposed Proposed To Husband To Wife Percent to Wife for Division Husband Value Value COMMUNITY ASSETS
REAL PROPERTY (including Mineral Interests) 1 1211 Ft Velasco Surfside Beach TX 77541 $265 000 $350,000 $265,000 0% 100% 2 123 Nesmith Pl, Surfside Beach, TX 77541 (agreed) $75,000 $75,000 $75,000 100% 0% 107 Nesmith Pl, Sufs1deBeach, TX 77541 (Lots 1, 2 & 3) Lot 3 is currently for sale but price needs to be 3 S546.000 5546,000 $273,000 $273,000 50% 50% lowered (Propose Lot 1 for W, Lot 2 for H and Lot 3 soldl 4 118 Nesmith Pl, Surfside Beach, TX 77541 (Agreed) $75,000 $75,000 $75,000 0% 100%
CASH AND ACCOUNTS WITH FINANCIAL INSTITUTIONS (Including Brokerage and Mutual Funds) 5 Cash on Hand (H\ $10,000 $10,000 100% 0% PNC Bank Checking account ending 6118 (H&W) alo 6 $126 $126 100% 0% 6/10/24 f aareedl PNC Bank DLH Separate Savings accountending 2065 7 $27 $27 100% 0% 'Hl a/o 5115/24 faoreed) State Farm FCU Reglar Shara Account/ Dwight Hill 8 ending 8951/member ID Savings account ending 2289 $204 $102 $102 50% 50% S1 (H&W) a/o 5115/21\(anreed\ PNC Sank Personal Checking account ending 4643 9 $8,533 $4,267 $4,267 50% 50% IHS,W) alo 6/10/24 faareed\ PNC Bank Ava Education Account Checking account 10 endlng 2033 (Ava, H&W) a/o 6/10/24 used as a way $2,097 for Ava for Ava for Ava to transfer monev to Ava {aareed) PNC Bank Checking account ending 2183 (H) a/o 11 $14,327 $14,327 100% 0% 5/15124laareedl State Farm Funds Brokerage Joint Tenants account 12 $17,978 $8,989 $8,989 50% 50% endin □ 5608 IH&W\ a/o 6/10/24 (aareed\ JP Morgan Chase Bank Chase Checking ending 2507 13 Closed Closed Closed IH&Wl a/o 4/10123 iaccount closed) JP Morgan Chase Bank Chase Total Checking account end,ng 2380 (W) a/o 5/8124, W transferred - -- 14 $52,742 $52,742 $52,742 0% 100% from Chase ending in 2507 (Agreed separate acct); H had an acct also receivina same amount
Page 1 of 8 In the Matter of the Marriage of Hilt
Wife's Husband's Value Used Percent to Note Description Proposed Proposed To Husband To Wife Percent to Wife for Division Husband Value Value CLOSELY HELD BUSINESS INTERESTS Restore Entertainment, LLC OBA Mousika 15 X X 0% 100% PubllshlnQ Chase Bank Complete Business Checking account a $544 $544 0% 100% ending in 6763 CW)a/o 518/24 (agreed) Investment into Restore Entertainment from b $0 $80,000 $0 0% 100% communitv (both were investors & both lost monevl Dwight HIii Insurance Agency, Inc. (appraisal not 16 updated with higher numbers though Income > $728,000 $0 $400,000 $400,000 50% 50% hit1herl PNC Bank Business Checking account ending in 3338 a (H&W) a/o 05/15/24 (Agreed leave $ 3k and split $2,441 X 50% 50% remainder) 2022 Toyota 4Runner (in possession of Ava) a/o b $43,000 0% 0%% 05/31/24; (Agreed title to Ava Hill} 17 Grateful Hlooies LLC (Agreed assign to wife\ $0 X 0% 100% PNC Bank Business Checking account ending in 4123 a $117 $117 0% 100% (H&Wl a/o 5/15/24 (Aareedl RETIREMENT ACCOUNTS AND OTHER DEFERRED COMPENSATION (Including Union Benefits) 50150 as of State Farm Fund Maribel Hill Roth IRA ending in 9212 18 $34,521 $30,500 $17,261 $17,261 50% 50% CW)a/o 6/10/24 State Farm Fund Dwight Hill Roth IRA ending in 9211 19 $33,815 $16,908 $16,90B 50% 50% IHI a/o 5/15/24 State Farm Pershing 4620 ROTH IRA formerly Slate Farm BlackRock A6KTA (current account balance as 20 $615,382 $307,691 $307,691 50% 50% of 5/8/24); Dwight's account; account is of mixed character State Farm Pershing 9931 ROTH IRA forrnery State Farm BlackRock A6KTA (current account balance as 21 S155,547 $77,714 $77,774 50% 50% of 5/15124); Dwight's account; account is of mixed character Ascensus Trust IRA Services account ending in 2370 ~ - 22 (also known as State Farm Brokerage Investment $63,078 $31,539 $31,539 50% 50% 6955 - subaccount\ CH\a/o 518/24 Ascensus Trust IRA Services account ending in 2370 23 (also known as State Farm Brokerage Investment $50,650 $49,752 $25,325 $25,325 50% 50% 6956 - subaccount) CW)a/o 617/24 State Farm Black.rcx;kMaribel L Hill ending in C17dn 24 $111,051 $109,964 $55,521.l $55,526 50% 50% l(WI same as 4612 '8/o 6/"10/24 __ ..,__ - Page 2 of 8 In the Matter of the Marriage of Hill
Wife's Husband's Value Used Percent to Note Description Proposed Proposed To Husband To Wife Percent to Wife for Division Husband
25 State Farm Blackrock Maribel L Hill ROTH IRA ending Value $146,435 Value $143,926 -- $73,218 $73,218 50% in C9ASY same as 9964 a/o 6/10/24 50%
OTHER DEFERRED COMPENSATION BENEFITS
Termination Payments for H employment through SF paid out monthly after H retires; 66% to Husband and 34 % to wife = $2,710.40 first 5 years and then$ 26 66% 34% 2,680.40 after 5 years forward); H gets$ 4,472.16 first 5 years and $ 2,680.40 after first 5 years; H will actually get more by teh time he retires
MOTOR VEHICLES, BOATS, AIRPLANES, CYCLES, ETC.
Honda Scooter Elite (Name on title: H); at 4647 Elsby; 27 $600 $600 $600 100% 0% W claims her name 1son title 2014 Club Car Gas xtr 850 (Name on title: H); at 1211 28 $2,500 $5,000 Surfside Beach (qoes w whoever has Velasco) 2010 Lexus LX570 (Name on ti1le·H&W); in 29 $22,000 $20,000 $20,000 100% 0% possession of H (No lien) ( Aareed) 2021 Mazda CX-5 (Name on title. W); in possession of 30 $24,000 $25,000 $25,000 0% 100% Wile { Aoreed} 2022 Ford F-150 (Name on title: H&W): in p~essian of Jacob ($45,000 FMV less $2,157 owed a/o 31 $48,000 10/25/23; paid off a/o 3/12/24) Vehicle to be titled to Jacob Hill. Mneed MISCELLANEOUS ASSETS 32 Clothes, bicvcle, books, guitar tools (poss Hl $5,000 $5000 100% 0% Household f1.Jrn1sh1ngs,musical insirumen'\s & tools 33 $5,000 58,000 $5,000 0% 100% (Aoreed) 34 Comouter monitors lx2l (poss· Hl (Aoreedl $100 SlOO 100% 0% 35 Glock 26 (ooss. Hl (Aort1ed) $500 $5QQ_ 100% 0% 36 Sig P23S (ooss: W) (Aaraadl $450 $600 $450 0% 100% 4.53 ct Diamond/Platinum Ring (poss: W) (can nsure no 37 jewlrey w no appraisal but not even Insured for that $75,000 0% 100% appraisal/gift amount): olft to W Diamond necklace (poss. W), (can insure for whatever no 38 $15,000 0% 100% but not even insured for that): Gift to W aooraisaVoift 39 Maribel Hill Music (Agreed) $0 unknown $0 0% 100%
Page 3 of 8 In the Matter of the Marriage of Hill
Wife's Husband's Note Value Used Percent to Description Proposed Proposed To Husband To Wife Percent to Wife for Division Husband Value Value Unknown jewelry and papers in PNC Bank Safe- 40 TSO 0% 100% Deposit Box (Aqreed) INSURANCE
State Farm ending in 2752 Whole (H); $250K face 41 value (Wis beneficiary); date of issue is 09/25/1989; $94,997 $ - $94,997 0% 100% acct in debt of 16,819.20 as of 10/15/2001; a/o 6.4.24 State Farm ending in 5601 Whole (H}; $1OK face value (Wis beneficiary); date of issue is 08/23/1988; 42 $4,020 $4,020.39 100% 0% therefore, it is not H's SP a/o 6/4/24 be paid the oremiurns throuahout marriage State Farm ending in 2655 Whole (H); $25K face value (Wis beneficiary); date of issue is 09/25/1989; 43 therefore, it is not H's SP a/o 6/4/24 be paid premiums $9,709 $ - $9,709 0% 100% for 23 vears State Farm ending In 8176 Whole (H); $1 OK face value 44 0N is beneficiary); date of issue is 09/28/1990; $4,684 $4,683.51 100% 0% therefore, it is not H's SP a/o 6/4/24 be paid premiums for 23 vears State Farm ending in 0889 Whole (Garrett insured, owner TBD); $50k face value; W 1sbeneficiary: 45 however, date of issue is 05/24/1990; therefore, it 1s $8,369 $ - 0% 0% not H's SP a/o 6/4/24 be paid premiums for 23 years /Aoreed utle to Garrett! State Farm ending in 2774 Whole (H), $250K face value (W Is beneficiary) date of issue is 46 S90,128 $90,128.00 100% 0% 09/25/1989;acct was In debt of $20,304.47 as of 10/15/01 a/o 6/4/24 47 State Farm ending in 2821 Term (H), $SOOKface value no CSV X 100% 0% State Farm ending in 3643 Term (Wl: $400K face 48 noCSV X 0% 100% value State Farm ending in 0051 Whole (H owner, Ava Hill 49 insured): $SOK face value (W ,s beneficiary) ulo 6/4/24 $2,041 $2,841 - 0% 0% (Aoreed title ownership to Ava Hill) State Farm ending in 1479 Whole (H owner: Jacob Hill 50 insured), $SOKface value (Wis beneficiary) a/o 6/4/24 $3,151 $3,318 0% 0% /Aareed Title ownershio to Jacob HIil)
Page 4 of 8 In the Matter of the Marriage of Hill
Wife's Husband's Value Used Percent to Note Description Proposed Proposed To Husband To Wife Percent to Wife for Division Husband Value Value REIMBURSEMENT CLAIMS
H claims reduction of princpal amount of debts secured by liens on Ws SP residence at 4647 Elsby Avenue, Dallas, Texas 75209. But no reimbursement claim exists as the mortgage is 3 times higher than Howes$ before marriage; and H received benefit & was already 126,000.00 to 51 compensated by acquiring paid off assets with the $378,000 0% 0% Elsby (half equity money out of separate property & never paid mortgage) back the equity$ he withdrew on the separate property) Howes$ 126,000 to Elsby or wife needs Ft Velasco free and clear as equity of Elsby is in that home while the mortgage remains on Elsby. H's Separate Property Funds DID NOT invest in capital improvements to Ws SP residence at 4647 Elsby 52 Avenue, Dallas, TX 75209 from Clubway House. $0 $79,000 $0 0% 0% Mortgage was placed on it and W had$ 83,000 from insurance. There are no community property funds invested in capital improvements to Ws SP residence at 4647 Elsby Ave, Dallas, Texas 75209 ($83,000 came from insurance claim premarital & S 100,000 was a loan afer 53 marriage that was never paid back & is part of existing $0 mortgage debt; loan is 3 times higher than before marriage and H benefited as he is receiving property w no mortgage be derived from Elsby and Elsby has the debt $100 000 $0 $0 0%% Totals $1,516 109 $1,820 158 -- .~% COMMUNITY llABIUTIES
CREDIT CARDS AND CHARGE ACCOUNTS Chase Bank, Acct ending 9682 (W) a/o 5/8124 1 ($95) ($95) 0% 100% Aareedl 2 Chase Bank, Acct ending 7039 (W) a/o 5/8/24 ($870) - - (Aareedl ($870) 0% 100%
3 CapitalOne, Acct ending 0864 (H) a/o 3/12/24 (Agreed) $0 $0 100% 0%
ATTORNEY'S FEES IN THIS CASE
Page 5 of 8 In the Matter of the Marriage of Hill I
Wife's Husband's Note Value Used Percent to Description Proposed Proposed To Husband To Wife Percent to Wife for Division Husband Value Value 4 Eostein Family Law, P.C. (AQreed) accruinQ X 100% 0% 5 Armstrona Divorce and Family Law PLLC (Aoreed) unknown X 0% 0% 6 Marisol Lopez (Agreed) unknown X 0% 100% OTHER PROFESSIONAL FEES IN THIS CASE . 7 Steohen Fuqua (AQreed) $0 $0 100% 0% OTHER LIABILITIES NOT OTHERWISE LISTED State Farm FCU Line of Credit ending 2289 (a/o 8 3/12/24) (Agreed) $0 $0 100% 0% Real Property taxes (50/50 paid on taxes up to date of 9 divorce) and split any tax refunds or rebates on tax returns filed during marriage
Totals ($965) $0 ($965) 0% 100%
SUMMARY OF PROPOSED DIVISION OF COMMUNITY PROPERTY t-1usband Wife Grand Total of Assets $0 $1,51& 109 $1,820,158 Less Community Unsecured Liabilities ($965) $0 ($965) Net Value of Estate ($965) $1516109 $1 819 193 Percentage Division -157183% -188605% 50 Percent of Net Estate ($482) ($482) Over : (Short) $1 5t6 591 $1,819 675 S 265k Ft. Velasco ror oortfon of Elsbv mortaaae+ $ 52k H alreadt_got) - _L_ --
Page 6 of 8 In the Matter of the Marriage of Hill
Wife's Husband's Value Used Percent to Note Description Proposed Proposed To Husband To Wife Percent to Wife for Division Husband HUSBAND'S SEPARATE PROPERTY Value Value - -· No. Descriolion Value of Prooer v PNC Checking Account 1641 (check issued for 1/4 1 land sale from Bill Hill) a/o 5/15/24 (not separate $9,031.54 $83,598.00 property) $167,195 $83,598 50% 50% 2 $600.00 Levovo Laotop (bouaht with separate property monies) 100% 0% 3 $5,000.00 Gun Cabinet with Gun Collection /aift and purchases) 100% 0% Gibson J45 Guitar to be given to Jacob Hill (purchased 4 $2,000.00 1997) 0% 0% 5 Life insurance Policies (see above) 6 Reimbursement claim aaainst Elsbv (see above) $0
Total $91198 '
WIFE'S SEPARATEPROPERTY No. Descriotion Value of Prooert 1 ElsbvSP 4647 Elsby Ave 75209 (FMV=$1,065,000 - Mort $258,325.320) a/o 10125/2023(W FMV = $758,000) W to continue to pay loan and Sign hold harmless for H. Total Separate property that is now 3 times more in debt . than prior to marriage. H owes half th& mortgage or W gets Ft Velasco in exchange for his portion of debt in Elsby. not relevant 100%
CHILDREN'S PROPERTY - No. Description Value of Prooort,,
1 Blackrock Coverdell, Acct ending 2281 (Ava) (Maribel $38,038.00 Custodian) a/o 5(7/24 £Agreedto title to Ava Hill) 0% 0% Blackrock Coverdell, Acct ending 4121 (Jacob) 2 (Maribel Custodian) a/o sn/24 \h.graed to litilc to $78,985.32 Jacob Hill) 0% 0% State Fann Funds Cove1dell,Acct ending 9274 (Jacob) 3 (Maribel Custodian) a/o 6nl24 (Agreed to title to Jacob $9,629.99 Hilll 0% 0%
OTHER REQUESTS: -
Page 7 of 8 EXHIBITB
STATE FARM TERMINATION AND EXTENDED TERMINATION PAYMENTS VALUED AS OF JUNE 20, 2024, ATTACHED TO EXHIBIT C (DIVORCE DECREE) May 30, 2024
Hill, DwightL 4647 ElsbyAve Dallas. TX 75209-3203
Dear Dwight,
Following is a review of your estimated Termination and Extended Termination Payments you requested. Section IV, Paragraph B of the Agent's Agreement reviews the qualifications that must be met in order for Termination Payments to be made. In order for Termination Payments to be made, the Agent's Agreement must be terminated. The agent will return, or make available for return, Company property within 10 days of the termination of the agreement. In addition, the agent agrees to not induce, advise. or solicit any State Farm policyholders in his account at the time of his termination. The agent also agrees to not act or represent himself in any way as an agent or representative of the Companies. Please see Section Ill, Termination of Agreement, of the Agent's Agreement for a more thorough review of Termination provisions.
The following are your estimated monthly Termination and Extended Termination Payments by company assuming a 4/30/2024 termination date. Term payments will be made for 60 months following your termination.
Term Pay Ext Term Pay Auto Voluntary $2,645 $2,645 Auto TCM $19 $0 Fire $198 $193 Lloyds $3,665 $3,636 Fire TCM $125 $125 Health $22 $0 Life $102 $102 Total $6,776 $6,701
NOTE: Extended Termination pay is available to agents who are 60 years or older with 20 years of service (last 10 continuous). Please remember that if you terminate prior to age 65, your Extended Termination Payments will be actuarially reduced. Extended termination payments are also available for those agents who meet the terms of the Early Notification Program. Under the Early Notification Program, you can qualify for Extended Termination payments at age 55 if (1) you are at least 55 years old, with 20 years of service (last 10 continuous) OR (2) age plus years of service equals 80.
Extended Termination amounts will be actuarially reduced for retirement before age 65. For retirement at age 59 years 6 months, the actuarial factor of 0.6222 reduces your Extended Termination payments to $4,169 a month. If you elect the joint and 2/3 survivor option, the extended term amount would be further adjusted to $3,543 a month. The survivor amount would be $2,362 a month.
NOTE: Life Writing Compensation Payments are based on writing compensation that would have been paid to you if your Agreement had not been terminated. Life Writing Compensation Payments will fluctuate each month depending on premium paid each month following termination and payments are reduced by a decreasing commission scale as business ages and any lapsed/cancelled policies.
NOTE: All figures are estimates. Contract provisions will govern actual amounts.
Attached is the estimate you requested. If you have any additional questions or concerns, please contact an ASR Representative at 1-833-335-0077 and follow the prompts to contracts and compensation.
Our hours of operation are 7am to 7 pm central time, Monday through Friday. EXHIB Sincerely, Agency/Sales Resources Wa.y DLH-009152 &State Farm,
June 20, 2024
Hill, DwightL 4647 ElsbyAve Dallas,TX 75209-3203
Following is a review of your estimated Termination and Extended Termination Payments you requested. Section IV, Paragraph 8 of the Agent's Agreement reviews the qualifications that must be met in order for Termination Payments to be made. In order for Termination Payments to be made, the Agent's Agreement must be terminated. The agent will return, or make available for return, Company property within 10 days of the termination of the agreement. In addition, the agent agrees to not induce, advise, or solicit any State Farm policyholders in his account at the time of his termination. The agent also agrees to not act or represent himself in any way as an agent or representative of the Companies. Please see Section 111, Termination of Agreement, of the Agent's Agreement for a more thorough review of Termination provisions.
The following are your estimated monthly Termination and Extended Termination Payments by company assuming a 5/31/2024 termination date. Term payments will be made for 60 months following your termination.
Term Pay Ext Term Pay Auto Voluntary $2,640 $2,640 Auto TCM $19 $0 Fire $206 $201 Lloyds $3,763 $3,737 Fire TCM $131 $131 Health $22 $0 Life $107 $107 Total $6,888 $6,816
NOTE: Extended Termination pay is available to agents who are 60 years or older with 20 years of service (last 10 continuous). Please remember that if you terminate prior to age 65, your Extended Termination Payments will be actuarially reduced. Extended termination payments are also available for those agents who meet the terms of the Early Notification Program. Under the Early Notification Program, you can qualify for Extended Termination payments at age 55 if (1) you are at least 55 years old, with 20 years of service (last 10 continuous) OR (2) age plus years of service equals 80.
Extended Termination amounts will be actuarially reduced for retirement before age 65. For retirement at age 59 years 7 months, the actuarial factor of 0.6263 reduces your Extended Termination payments to $4,269 a month. If you elect the joint and 2/3 survivor option, the extended term amount would be further adjusted to $3,625 a month. The survivor amount would be $2,417 a month.
NOTE: Life Writing Compensation Payments are based on writing compensation that would have been paid to you if your Agreement had not been terminated. Life Writing Compensation Payments will fluctuate each month depending on premium paid each month following termination and payments are reduced by a decreasing commission scale as business ages and any lapsed/cancelled policies.
NOTE: All figures are estimates. Contract provisions will govern actual amounts.
Attached is the estimate you requested. If you have any additional questions or concerns, please contact an ASR Representative at 1-833-335-0077 and follow the prompts to contracts and compensation.
Our hours of operation are 7am to 7 pm central time, Monday through Friday.
Sincerely, Agency/Sales Resources
Page 101 EXHIBITC
DIVORCE DECREE FILED 6/10/20243:31 PM FELICIAPITRE DISTRICTCLERK DALLASCO., TEXAS John Feltch DEPUTY
NO. DF-22-14398
IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § DWIGHT L. HILL § AND § 302ND JUDICIAL DISTRICT MARIBEL L. HILL § § AND IN THE INTEREST OF § J.L.H., A CHILD § DALLAS COUNTY, TEXAS
COUNTERRESPONDENT'S ANSWER TO FOURTH AMENDED ANSWER AND COUNTERPETITION FOR DIVORCE
Dwight L. Hill, Counterrespondent, files this Answer to Maribel L. Hill
(Counterpetitioner)'s Fourth Amended Answer and Counterpetition for Divorce.
1. General Denial
Dwight L. Hill enters a general denial.
2. Information about Child
The child the subject of this suit has attained the age of majority and graduated
from high school since the filing of this suit.
3. No Double Recovery
To the extent that Maribel L. Hill seeks to double recover for tort claims alleged in
her Fourth Amended Answer and Counterpetition and her requests for disproportionate
division of the community estate, Dwight L. Hill objects to such double recovery and
asserts that Maribel L. Hill is estopped from such double recovery under the principles
set forth in Schlueter v. Schlueter, 975 S.W.2d 548 (Tex. 1998). An allegedly wronged
spouse has an adequate remedy for alleged fraud on the community through the means
of a just and right division. Therefore, no independent tort cause of action may be
recovered for regarding any alleged damages to the community estate. Id at 585.
Counterrespondent's Answer to Fourth Amended Answer and Counterpetition for Divorce Page 1 of 3
Page 80 4. Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Dwight L. Hill to secure the services of Robert D. Epstein
and Jordan C. Watson of Epstein Family Law, P.C., along with Richard R. Orsinger and
the law firm of Orsinger, Nelson, Downing & Anderson, licensed attorneys, to prepare
and prosecute this suit. To effect an equitable division of the estate of the parties and
as a part of the division, and for services rendered in connection with conservatorship
and support of the child, judgment for attorney's fees, expenses, and costs through trial
and appeal should be granted against Petitioner and in favor of Dwight L. Hill for the use
and benefit of Dwight L. Hill's attorneys and be ordered paid directly to Dwight L. Hill's
attorneys, who may enforce the judgment in the attorneys' own names. Dwight L. Hill
requests postjudgment interest as allowed by law.
5. Prayer
Dwight L. Hill prays that Maribel L. Hill take nothing and that Dwight L. Hill be
granted all relief requested in this Answer.
Dwight L. Hill also prays for attorney's fees, expenses, costs, and interest as
requested above.
Dwight L. Hill prays for general relief.
Counterrespondent's Answer to Fourth Amended Answer and Counterpetition for Divorce Page 2 of 3
Page 81 Respectfully submitted,
EPSTEIN FAMILY LAW, P.C. 5949 Sherry Lane, Suite 1070 Dallas, TX 75225 Tel: (972) 232-7673
By:._--,=-4.a~__.:..___J~'---l-.:,R-£fl-~--- Roliert . Epstein State Bar No. 24065206 robert@epsteinpc.com Jordan C. Watson State Bar No. 24110895 jordan@epsteinpc.com Attorneys for Dwight L. Hill
Certificate of Service
I certify that a true copy of this Counterrespondent's First Amended Answer was
served in accordance with rule 21a of the Texas Rules of Civil Procedure on the
following on June 10, 2024:
Marisol Lopez by electronic filing manager.
Robert D. Epstein Attorney for Dwight L. Hill
Counterrespondent'sAnswer to Fourth AmendedAnswer and Counterpetitionfor Divorce Page 3 of 3
Page 82 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Jenn Huey on behalf of Robert Epstein Bar No. 24065206 jenn@epsteinpc.com Envelope ID: 88633060 Filing Code Description: RESPONSE Filing Description: COUNTERRESPONDENT'S ANSWER TO FOURTH AMENDED ANSWER AND COUNTERPETITION FOR DIVORCE Status as of 6/12/2024 11: 16 AM CST
Associated Case Party: DWIGHTL.HILL
Name BarNumber Email TimestampSubmitted Status Robert Epstein robert@epsteinpc.com 6/10/20243:31:50 PM SENT
Associated Case Party: MARIBELLEANNHILL
Name BarNumber Email TimestampSubmitted Status
Marisol Lopez Marisol@Lawyerforu.com 6/10/2024 3:31:50 PM SENT
Page 83 ORIG/1~ NOTICE:THIS DOCUMENTCONTAINSSENSITIVEDATA
IN THE MATTEROF § IN THE DISTRICTCOURT THE MARRIAGEOF § § DWIGHTL. HILL § 302NDJUDICIALDISTRICT AND § MARIBELL. HILL § DALLASCOUNTY,TEXAS
FINALDECREEOF DIVORCE
On June 17, 2024, and June 20, 2024, the Court heard this case.
1. Appearances
Petitioner, Dwight L. Hill, appeared physically in the courtroom. Dwight L. Hill's attorney of record, Robert D. Epstein, appeared physically in the courtroom and announced ready.
Respondent, Maribel L. Hill, appeared physically in the courtroom. Maribel L. Hill's attorney of record, Marisol Lopez, appeared physically in the courtroom and announced ready.
2. Record
The record of testimony was duly reported by the court reporter for the 302nd Judicial District Court.
3. ./ Jurisdictionand Domicile
The Court finds that the pleadings of Dwight L. Hill are in due form and contain all the allegations, information, and prerequisites required by law. The Court, after receiving evidence, finds that it has jurisdiction of this case and of all the parties and that at least sixty days have elapsed since the date the suit was filed.
The Court further finds that, at the time this suit was filed, Dwight L. Hill had been a domiciliary of Texas for the preceding six-month period and a resident of the county in which this suit was filed for the preceding ninety-day period. All persons entitled to citation were properly cited.
4. Jury A jury was waived, and questions of fact and of law were submitted to the Court.
5. Divorce
FinalDecreeof Divorce Page1 of 17
Page 84 The Court finds that Dwight L. Hill and Maribel L. Hill were married on October 191 2001.
IT IS ORDEREDAND DECREEDthat Dwight L. Hill, Petitioner,and Maribel L. Hill, Respondent,are divorced and that the marriage betweenthem is dissolved on the ground of insupportability.
6. Child of the Marriage
The Court finds that there is no child of the marriage of Dwight L. Hill and Maribel L. Hill now under eighteen years of age or otherwise entitled to support and that none is expected.
7. Divisionof Marital Estate
The Court finds that the following is a just and right division of the parties' marital estate, having due regard for the rights of each party.
a. Propertyto DwightL. Hill
IT IS ORDERED AND DECREED that Petitioner, Dwight L. Hill, is awarded the following as his sole and separate property, and Respondent,Maribel L. Hill, is divested of all right, title, interest, and claim in and to that property:
P-1. The following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security access and code, garage door opener, warranties and service contracts, and title and closing documents:
LOT TWELVE (12), BLOCK TWO (2), SURFSIDE,CONSISTINGOF 0.080 ACRES OF LAND, MORE OR LESS, HEREBY SUBDIVIDED OUT OF TRACT 212, OUT OF BRAZOS COAST INVESTMENT COMPANY SUBDIVISION NO. 1, BRANCH T. ARCHER LEAGUE, ABSTRACT 9, BRAZORIA COUNlY, TEXAS, ANO BEING MORE PARTICULARLY DESCRIBEDBY METESAND BOUNDS IN VOLUME 1772, PAGE 276 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS. (ACCOUNT NUMBER 6751-002-110)
More commonly known as 123 Nesmith Place, Surfside Beach, Texas 77541.
P-2. 35% of the net sales proceeds from the sale of the following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security access and code, garage door opener, warranties and service contracts, and title and closing documents and more particularlydescribed in the "Sale of Real Property,.provisions below:
Being Lots 1, 2 and 3 in Block 3 hereby subdivided out of NESMITH Tract 212 in Brazos Coast Investment Company Subdivision No. 1, Branch T.
Final Decree of Divorce Page 2 of 17
Page 85 Archer League,AbstractNo. 9, BrazoriaCounty,Texas,and being more particularly described by metes and bounds in Document Number 2004053260 of the Deed Records of Brazoria County, Texas.
More commonly known as 107 Nesmith Place, Lots 1, 2 and 3, Surfside Beach, Texas 77541. GEOGRAPHIC ID:6751-0006-000 AND PROPERTY 10:232468
P-3. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of Dwight L. Hill or subject to his sole control.
P-4. All clothing, jewelry, and other personal effects in the possession of Dwight L. Hill or subject to his sole control, including but not limited to the following: a. Bicycle
b. Books
C. Guitar
d. Tools
e. Computer monitors x2
f. Glock26 gun
P-5. The cash on hand and funds on deposit, together with accrued but unpaid interest, in the following banks, savings institutions, or other financial institutions:
a. PNC Bank, Checking, Account number Account ending 6618
b. PNC Bank, DLH Separate Savings,Account number Account ending 2065
c. 50% of the State Farm Federal Credit Union, Account number Account ending 2289
d. 50% of the PNC Bank, Personal Checking,Account number Account ending 4643
e. PNC Bank, Checking, Account number Account ending 2183
P-6. The following individual retirement accounts or portions thereof:
a. State Farm Fund Roth IRA, Account number Account ending 9211
b. The State Fann Pershing Roth IRA, Account numberAccount ending 4620 after transferring a 50% interest to Maribel L. Hill
Final Decreeof Divorce Page 3 of 17
Page 86 c. The State Farm Pershing Roth IRA, Account number Account ending 9931 after transferring a 50% interest to Maribel L. Hill
d. The Ascensus Trust IRA, Dwight Hill's Account, Account number Account ending 2370, known as 6955, after transferring a 50% interest to Maribel L. Hill
e. A 50% interest in Ascensus Trust IRA, Maribel Hill's Account, Account number Account ending 2370, known as 6956
f. A 50% interest in State Farm Blackrock, Account number Account ending C 17DN, known as 4612, currently
g. A 50% interest in State Farm Blackrock, Account number Account ending C9ASY, known as 9964, currently
P-7. Except for those portions of Dwight L. Hill's employee and retirement benefits in State Farm Termination Payments and .State Farm Extended Termination Payments expressly awarded to Maribel L. Hill in this Final Decree of Divorce, all sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit- sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or other benefits existing by reason of Dwight L. Hill's employment.
P-8. The following policies of insurance insuring Dwight L. Hill's life:
a. State Farm Term Life Insurance Policy, Policy number Ending 2821
P-9. The following stocks, bonds, and securities, together with all dividends, splits, and other rights and privileges in connection with them:
a. A 50% interest in the State Farm Funds Brokerage Joint Tenants, Account number Account ending 5608
P-10. The Honda Scooter Elite motor vehicle, together with all prepaid insurance, keys, and title documertts.
P-11. The 2010 Lexus LX570 motor vehicle, vehicle identification number JTJHY7AX5A4049377, together with all prepaid insurance, keys, and title documents.
P-12. 100% of Dwight L. Hill's interest in the closely held business corporation known as Dwight Hill Insurance Agency, Inc., including but not limited to its name, goodwill, receivables and claims, including but not limited to the funds on deposit, together with accrued but unpaid interest, in the following bank account:
a. PNC Bank Business Checking accoAlntenqj99 ~338. L-.. 1_ )---(1r.S~ ~~ t<-t {tHttl\\fl\~ tAIA(/ t/fu'~J- C(J!,~r.r !Je.'~3 tP,,,udtd si,,.nl;J,J;v,•J.il ,ol~O 1-76-t."' Final Decreeof Divorce ot fl.e_fdwf.r.r. (J.~ 6f- Jk Jq_.k Page4 of 17
Page 87 b. Propertyto MaribelL. Hill
IT IS ORDEREDAND DECREEDthat Respondent,MaribelL. Hill, is awardedthe followingas her sole and separatepropertyr and Petitioner,Dwight L. Hill, is divestedof all right,title, interest,and claim in and to that property:
R-1. The following real property,including but not limited to any escrowfunds, prepaidinsurance, utility deposits,keys, house plans, home security access and code, garagedoor opener,warrantiesand servicecontracts,and title and closingdocuments: I
Lot(s) Eleven (11) and Thirteen (13) in Block Five HundredFifty-Six(556) of SURFSIDE TOWNSITE, a subdivision in Brazoria County, Texas, accordingto the map or plat thereof, recordedin Volume 32, Page28 of the Deed Recordsof BrazoriaCounty, Texas.
More commonlyknownas 1211 Ft. Velasco, SurfsideBeach,Texas77541. GEOGRAPHICID: 7875-0531-001AND PROPERTYID: 575513
R-2. 65% of the net sales proceedsfrom the sale of the following real property, includingbut not limited to any escrow funds, prepaid insurance,utility deposits,keys, house plans, home security access and code, garage door opener, warranties and servicecontracts,and title and closingdocumentsand more particularlydescribedin the 11 "Sale of Real Property provisionsbelow:
Being Lots 1, 2 and 3 in Block 3 hereby subdividedout of NESMITHTract 212 in Brazos Coast InvestmentCompany Subdivision No. 1, Branch T. Archer League,Abstract No. 9, Brazoria County, Texas, and being more particularly described by metes and bounds in Document Number 2004053260of the Deed Recordsof BrazoriaCounty,Texas.
More commonly known as 107 Nesmith Place, Lots 1, 2 and 3, Surfside Beach, Texas 77541. GEOGRAPHICID: 6751-006-000AND PROPERTY ID:232468
R-3. The following real property, including but not limited to any escrowfunds, prepaid insurance, utility deposits, keys, house plans, home security access and code, garagedoor opener,warrantiesand servicecontracts,and title and closingdocuments:
Being a 0.08 acre tract (southeast15.00feet of Lot 1 and the northwest35 foot of Lot 2) of the Loch NesmithShores (unrecordedsubdivision)situated in Tract 212 of the BrazosCoast InvestmentCompanySubdivisionNo. 1, BrazoriaCounty,Texas, being the same called 0.08 acre tract conveyedto Ronald Frankelas describedin File No. 10-014652of the Official Records of BRAZORIACounty,Texas, said 0.08 acre tract being more particularly describedby metes and bounds in DocumentNumber2010031228of the Deed Recordsof BrazoriaCounty,Texas.
More commonly known as 118 Nesmith Place, Surfside Beach, Texas
Final Decreeof Divorce Page 5 of 17
Page 88 77541. GEOGRAPHIC ID: 6751-0003-000 AND PROPERT ID: 232465; NESMITH TR 212 (A0009 BT ARCHER DIV (BC IC)) (SURFSIDE) BLK 2 LOT 1A-2A
R-4. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of Maribel L. Hill or subject to her sole control.
R-5. All clothing, jewelry, and other personal effects in the possession of Maribel L. Hill or subject to her sole control, including but not limited to the following:
a. Musical instruments
b. Tools
c. Sig P238 gun
d. 4.53 ct Diamond/Platinum Ring
e. Diamond necklace
f. Maribel Hill Music
g. Miscellaneous jewelry and papers in PNC Bank Safe Deposit Box
R-6. The cash on hand and funds on deposit, together with accrued but unpaid interest, in the following banks, savings institutions, or other financial institutions:
a. 50% of the State Farm Federal Credit Union, Account number Account ending 2289
b. 50% of the PNC Bank, Personal Checking, Account number Account ending 4643
c. JP Morgan Chase Bank, Chase Total Checking, Account number Account ending 2380
d. 50% of cash on hand in PNC Bank, DHIA Business Checking 3338, which has already been distributed
R-7. The following individual retirement accounts or portions thereof:
a. State Farm Fund Roth IRA, Account number Account ending 9212
b. A 50% interest in State Farm Pershing Roth IRA, Account number Account ending 4620
c. A 50% interest in State Farm Pershing Roth IRA, Account number Account ending 9931
Final Decreeof Divorce Page 6 of 17
Page 89 d. A 50% interest in Ascensus Trust IRA, Dwight Hill's Account, Account number Account ending 2370, known as 6955, currently
e. The Ascensus Trust IRA, Maribel Hill's Account, Account number Account ending 2370 known as 6956 currently, after transferring a 50% interest to Dwight L. Hill
f. The State Farm Blackrock, Account number Account ending C17DN known as 4612, after transferring a 50% interest to Dwight L. Hill
g. The State Farm Blackrock, Account number Account ending C9ASY known as 9964 currently, after transferring a 50% interest to Dwight L. Hill •
R-8. The following portion of Dwight L. Hill's State Farm Termination Payments benefits arising out of Dwight L. Hill's employment during the marriage: 31.63% to be paid when Dwight L. Hill retires and/or terminates and begins to receive benefits. The following steps are to be completed prior to the signing of this divorce decree or within 3 days of the signing of this divorce decree:
A. Dwight l:,.Hill must call Agency Sales Resource (ASR) at 833-335-0077 and inform them he is divorced and that the Court awarded the ex-wife 31.63% of the term and extended term pay to be paid once Dwight retires and/or terminates;
B. Dwight L Hill will request for them to begin the process immediately to have a QDRO or similar document of similar nature set up in order to divide the retirement account into 2 accounts;
C. ASR will begin the process and forms will be exchanged and Dwight Hill shall comply with all requests for information from ASR and/or the Retirement Analyst Group and/or Legal Team of State Farm.
The benefits are to be paid directly to Maribel L. Hill from State Farm and/or their agencies without any involvement from Dwight L. Hill other than continued cooperation regarding the process involved with the QDRO or similar document of similar nature. The contingent benefits to be received by Maribel Hill shall be 31.63% of the value of the term pay as of June 20, 2024, if, as, and when received, and as further illustrated by correspondence from State Farm dated June 20, 2024, attached hereto as Exhibit A and incorporated by reference as if fully set forth herein, which shows the value of the term pay as of June 20, 2024 if Dwight L. Hill were to actually have retired on May 31, 2024, as indicated by said letter.
R-9. The following portion of Dwight L. Hill's State Farm Extended Termination Payments benefits arising out of Dwight L. Hill's employment during the marriage: 31.63% to be paid when Dwight L. Hill retires and/or terminates and begins to receive benefits. The following steps are to be completed prior to the signing of this divorce decree or within 3 days of the signing of this divorce decree:
Final Decree of Divorce Page 7 of 17
Page 90 A. Dwight L. Hill must call Agency Sales Resource (ASR) at 833-335-0077 and inform them he is divorced and that the Court awarded the ex-wife 31.63% of the term and extended term pay to be paid once Dwight retires and/or terminates;
B. Dwight L. Hill will request for them to begin the process immediately to have a QDRO or similar document of similar nature set up in order to divide the retirement account into 2 accounts;
C. ASR will begin the process and forms will be exchanged and Dwight Hill shall comply with all requests for information from ASR and/or the Retirement Analyst Group and/or Legal Team of State Farm.
The benefits are to be paid directly to Maribel L. Hill from State Farm and/or their agencies without any involvement from Dwight L. Hill. The current benefits, actuarially reduced, to be received by Maribel Hill are $1,350.28, based on 31.63% of the estimated extended term pay of $4,269 per month which is the actuarially reduced earned amount by Dwight Hill if terminated on May 31, 2024. The contingent benefits to be received by Maribel Hill shall be 31.63% of the value of the extended term pay as of June 20, 2024, if, as, and when received, and as further illustrated by correspondence from State Farm dated June 20, 2024, attached hereto as Exhibit A and incorporated by reference as if fully set forth herein, which shows the value of the extended term pay as of June 20, 2024 if Dwight L. Hill were to actually have retired on May 31, 2024, as indicated by said letter.
R-10. The following policies of insurance insuring Maribel L. Hill's life:
a. State Farm Term Life Insurance Policy, Policy number Ending 3643
R-11. The following stocks, bonds, and securities, together with all dividends, splits, and other rights and privileges in connection with them:
a. A 50% interest in the State Farm Funds Brokerage Joint Tenants, Account number Account ending 5608
R-12. The 2014 Club Car Gas xtr 850 motor vehicle, vehicle identification number SW1523 560386, together with all prepaid insurance, keys, and title documents.
R-13. The 2021 Mazda CX-5 motor vehicle, vehicle identification number JM3KFBCM1M1398215, together with all prepaid insurance, keys, and title documents.
R-14. 100% of parties' interest in the closely held business limited liability company known as Restore Entertainment, LLC DBA Mousika Publishing, including but not limited to its intellectual property, artistry, name, goodwill, receivables, claims and money invested, including but not limited to the funds on deposit, together with accrued but unpaid interest, in the following bank aecount:
a. Chase Bank Complete Business Checking account ending 6763
Final Decreeof Divorce Page8 of 17
Page 91 R-15. 100% of parties' interest in the closely held business limited liability company known as Grateful Hippies LLC, including but not limited to its name, goodwill, receivables and claims, including but not limited to the funds on deposit, together with accrued but unpaid interest, in the following bank account:
a. PNC Bank Business Checking account ending 4123
R-16. The PNC Safe Deposit Box, Box located at PNC bank and all contents contained ttJFr!1s ~ ~+ ~- ah'r~ ~ l~s~4tf-~r.AJ>c,.,.,tt ~,w i,~d.tl,,/&/i: Sfu1 l>i f.;,il,U ,u 6? ~ J,.k.!)l- .f'1..c..,.~"' .. r.er oh!&f;'fl 1
a. Debts to Dwight L. Hill
IT IS ORDERED AND DECREED that Petitioner, Dwight L. Hill, shall timely pay, as a part of the division of the estate of the parties, and shall indemnify and hold Respondent, Maribel L. Hill, and her property harmless from any failure to so discharge, these items:
P-1. The following debts, charges, liabilities, and obligations:
a. Debt, if any, owed to CapitalOne, Account number Account ending 0864
b. Debt, if any, owed to Stephen Fuqua
c. Debt, if any, owed to State Farm Federal Credit Union Line of Credit, Account number ending 2289
P-2. All encumbrances, ad valorem taxes, liens, assessments, premiums, debts, charges, liabilities, and other obligations incurred by Dwight L. Hill from and after June 20,2024
P-3. All encumbrances, ad valorem taxes, liens, assessments, premiums, property taxes, or other charges due or to become due on the real and personal property awarded to Dwight L. Hill in this Final Decree of Divorce unless express provision is made in this Final Decree of Divorce to the contrary.
P-4. All outstanding attorney's fees, if any, owed to Epstein Family Law, P.C.
P-5. All outstanding attorney's fees, if any, owed to Armstrong Divorce and Family Law, PLLC, up to June 20, 2024.
P-6. All outstanding attorney's fees, if any, owed to Orsinger, Nelson, Downing and Anderson, LLP, 4.e_ to June 20, 2024. t/JtJ?. . P-7 35%-of all property taxes owed on 107 Nesmith, Property ID: 232468.:er AJ'?,.C( .. p...S. ~~,,obi) et p~ ~~ -o-1 1?,11H..Vtlasu,$wf~ Final Decreeof Divorce ~Jttct ;(4 4 ~ 1 7t:'-tI . Page9 of 17
Page 92 b. Debtsto MaribelL. Hill
IT IS ORDERED AND DECREED that Respondent, Maribel L. Hill, shall timely pay, as a part of the division of the estate of the parties, and shall indemnify and hold Petitioner, Dwight L. Hill, and his property harmless from any failure to so discharge, these items:
R-1. The following debts, charges, liabilities, and obligations:
a. Debt owed to Chas Bank, Account number Account ending 9682
b. Debt owed to Chase Bank, Account number Account ending 7039
R-2. All debts, charges, liabilities, and other obli~ations incurred by Maribel L. Hill from and after June 20, 2024.
R-3. All encumbrances, ad valorem taxes, liens, assessments, premiums, o~ other charges due or to become due on the real and personal property awarded to Maribel L. Hill in this Final Decree of Divorce unless express provision is made in this Final Decree of Divorce to the contrary.
R-4. The balance due, including principal, interest, tax, and insurance escrow, on the promissory note executed by Dwight L. Hill and Maribel L. Hill, payable to PNC Bank, and secured by deed of trust on the real property awarded in this decree to Maribel L. Hill, which is recorded in the Official Public Records of Dallas County, Texas.
IT IS ORDERED that Maribel L. Hill shall sign a Deed of Trust to Secure Assumption for \he real pro~.!W asso9iated with the promissory note payable to PNC t Bankct\ ~ f)ffd"e. ~f.J..t,,.,._lfRr L.. 1$1 :>o:2~ if- ~~:b.e( IJ..;/1 h-4, f14 f~VVMttrJ ~ p('8~ IJr' ol,l,,"/llltf Ak 1,u" ..._,....u. ~ ~f~~ri-t-J ~ii-~ L. R-5. All oulstandinef attorney's fees, if any, owed to Marisol Lopef,"ffp to ur.w,~, I\ l-J'1 20, 2024. tJ•lt i'o--✓ -,se,~r.v-- -R 6 60'>&of all p1ope1tytaxesowed efl 197 Heemith, Pro19er:ly 1D:232460.
9. Notice
IT IS ORDERED AND DECREED that each party shall send to the other party by mail to the other party's last known mailing address, by email to the other party's last known email address, or by text message to the other party's last known mobile telephone number, within three days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other party.
10. Sale of Real Property
IT IS FURTHER ORDERED AND DECREED that the property and all improvements located thereon Being Lots 1, 2 and 3 in Block 3 hereby subdivided out of Tract 212 in Brazos Coast Investment Company Subdivision No. 1, Branch T. Archer
Final Decreeof Divorce Page 10 of 17
Page93 League, Abstract No. 9, Brazoria County, Texas, and being more particularly described by metes and bounds in Document Number 2004053260 of the Deed Records of Brazoria County, Texas, and more commonly known as 107 Nesmith Place, Lots 1, 2 and 3, Surfside Beach, Texas 77541; GEOGRAPHIC ID: 6751-006-000 AND PROPERTY ID: 232468 ("the property"), shall be sold under the following terms and conditions:
1. The parties shall list the property with a duly licensed real estate broker having sales experience in the area where the property is located, provided further that the real estate broker shall be an active member in the Multiple Listing Service with the Texas Board of Realtors, on or before July 11 2024. The real estate broker should be an independent real estate broker who is familiar with the properties in Surfside Beach, Texas.
2. The property shall be sold for a price that is mutually agreeable to Petitioner and Respondent. If Petitioner and Respondent are unable to agree on a sales price, on the application of either party, the property shall be sold under terms and conditions determined by a court-appointed receiver.
3. The net sales proceeds (defined as the gross sales price less cost of sale and full payment of any mortgage indebtedness or liens on the property) shall be distributed as follows: 35% to Dwight L. Hill and 65% to Maribel L. Hill.
11. Liability for Federal Income Taxes for Prior Years
IT IS ORDERED AND DECREED that Dwight L. Hill and Maribel L. Hill shall be equally responsible for all federal income tax lia_bilitiesof the parties allocable to the period from the date of marriage through December 31, 2023, and each party shall timely pay 50 percent of any taxes, penalties, and interest due thereon and shall indemnify and hold the other party and the other party's property harmless from the portion of such tax, penalty, and interest required to be paid by the indemnifying party unless that additional tax, penalty, or interest resulted from a party's omission of income or claim of erroneous deduction, in which case that party shall pay, and hold the other party and the other party's property harmless from, the additional tax, penalty, and interest allocable to the omitted income or erroneous deduction.
IT IS ORDERED AND DECREED that if a refund of tax or other amounts is made for any year during the parties' marriage through December 31, 2023, each party shall be entitled to one-half of the refund amount, and the party receiving the refund _checkis designated a constructive trustee for the benefit of the other party to the extent of one- half of the refund amount, and the party receiving the refund check shall pay to the other party one-half of the refund amount within five days of receipt of the refund check. Each party is ORDERED to endorse the refund check on presentation by the other party.
12. Treatment/Allocation of Community Income for Year of Divorce
The term "I.RC." means the Internal Revenue Code of 1986, as amended.
IT IS ORDERED AND DECREED that, for the calendar year 2024, Maribel L. Hill
Final Decreeof Divorce Page 11 of 17
Page 94 will file an individual tax return 1040, after receiving the W2 from Dwight Hill Insurance Agency, Inc. Maribel L. Hill will pay her income taxes based on her W2 in accordance with the IRS. Maribel L. Hill will not receive a K-1 from Dwight Hill Insurance Agency, Inc. for tax year 2024. Dwight L. Hill will file an individual federal income tax return 1040 for \ ,_ the ~lendaryear 2024, and pay any inc~me:,;r_s due unrJ,erhis personal tax retum. D~~-r f-kll l' O'-'i 1 Ilk'} ~ws JM_ 6" IJUo..,:- IH•t ~wa-c.«.. Ar1li.q 3Aac.for ~'it.I 11 IS ORDERED AND DECREED that for calendar year 2024, eictr' party shall indemnify and hold the other party and the other party's property harmless from any tax '""f:',t '1,~r. liability associated with the reporting party's federal tax return for that year.
IT IS ORDERED AND DECREED that each party shall provide such information to the other party as is requested to prepare federal income tax returns for 2024 within thirty days of receipt of a written request for the information, and in no event shall the available information be exchanged later than March 1, 2025. As requested information becomes available after that date, IT IS ORDERED that it shall be provided within ten days of receipt. IT IS FURTHER ORDERED AND DECREED that all information shall be sent by mail to the other party's last known mailing address, by email to the other party's last known email address, or by text message to the other party's last known mobile telephone number.
IT IS ORDERED AND DECREED that all payments made to the other party in accordance with the allocation provisions for payment of federal income taxes contained in this Final Decree of Divorce are not deemed income to the party receiving those payments but are part of the property division and necessary for a just and right division of the parties' estate.
IT IS ORDERED AND DECREED that the parties shall cooperate with each other and exchange all relevant information, notices, and documents in the event of an audit or examination (or notice thereof) of their income tax returns for any period during their marriage through the date of divorce by the Internal Revenue Service or other governmental agency, and each party shall have the right to participate, at that participant party's cost and expense, in that audit or examination individually or by that party's designated representative.
13.. Confirmationof Separate Property
IT IS ORDERED AND DECREED that the following 'described property is confirmed as the separate property of Dwight L. Hill:
P-1. The funds on deposit, together with accrued but unpaid interest, in the following banks, savings institutions, or other financial institutions:
a. PNC Bank Checking Account, Account number Ending 1641
P-2. The following policies of insurance insuring Dwight L. Hill's life, including cash values, if any:
a. State Farm Whdle Life Insurance Policy, Policy number Ending 2752
FinalDecreeof Divorce Page12 of 17
Page 95 b. State Farm Whole Life Insurance Policy, Policy number Ending 5601
c. State Farm Whole Life Insurance Policy, Policy number Ending 2655
d. State Farm Whole Life Insurance Policy, Policy number Ending 8176
e. State Farm Whole Life Insurance Policy, Policy number Ending 2774
P-3. The State Farm Termination Payments other than that portion awarded to Maribel L. Hill awarded herein.
P-4. The State Farm Extended Termination Payments other than that portion awarded to Maribel L. Hill herein.
P-5. Levovo Laptop.
P-6. Gun Cabinet with gun collection.
P-7. Gibson J45 Guitar.
IT IS ORDERED AND DECREED that the following described property is confirmed as the separate property of Maribel L. Hill:
R-1. The following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security access and code, garage door opener, warranties and service contracts, and title and closing documents:
LOT TWELVE (12)1 BLOCK B/5680 OF LINWOOD PLACE ADDITION, AN ADDITION TO THE CITY OF DALLAS, DALLAS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 31 PAGE 429, MAP RECORDS, DALLAS COUNTY, TEXAS. LINWOOD PLACE BLK B - 5680 LT 12, ACCT#: 425713000000. SUBJECT TO ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS, LEASES AND RESTRICTIONS OF RECORD, ALL LEGAL HIGHWAYS, ALL RIGHTS OF WAY, ALL ZONING, BUILDING AND OTHER LAWS, ORDINANCES AND REGULATIONS, ALL RIGHTS OF TENANTS IN POSSESSION, AND ALL REAL ESTATE TAXES AND ASSESSMENTS NOT YET DUE AND PAYABLE. BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN VOLUME 98034, PAGE 757, OF THE DALLAS COUNTY, TEXAS RECORDS.
More commonly known as 4647 Elsby Avenue, Dallas, Texas 75209. MARIBEL HILL IS TO ASSUME DEBT AND PAYMENT OF PNC LOAN ACCT#: 1210015809, MORTGAGE FOR SAID PROPERlY.
14.. Confirmation of Property Gifted to Children of the Parlies
IT IS ORDERED AND DECREED that the following properties shall be gifted from
Final Decree of Divorce Page 13 of 17
Page96 the marital or separate property estate of the parties as follows:
a. Dwight L. Hill and Maribel L. Hill shall remove their names from the PNC Bank Education Checking Account ending 2033 and put the account solely in Ava Hill's name (ACCOUNT CLOSED);
b. The 2022 Toyota 4Runner shall be gifted to Ava Hill and the title transferred to her name. Dwight L. Hill and Maribel L. Hill shall take any necessary steps to transfer the title from Dwight Hill Ins Agency and Maribel Hill to Ava Hill no later than November 1, 2024;
c. The Ford F-150 shall be gifted to Jacob Hill and the title transferred to his name. Dwight L. Hill and Maribel L. Hill shall take any necessary steps to transfer the title from Dwight L. Hill and Maribel Hill to Jacob Hill;
d. The State Farm Whole Life Policy, Policy number Ending 0889 shall be transferred to Garrett Hill as the owner on the policy;
e. The State Farm Whole Life Policy, Policy number Ending 0051 shall be transferred to Ava Hill as the owner on the policy;
f. The State Farm Whole Life Policy, Policy number Ending 1479 shall be transferred to Jacob Hill as the owner on the policy;
g. Dwight L. Hill and/or Maribel L. Hill shall remove their names from the Blackrock Coverdell Account ending 2281 and put the account solely in Ava Hilrs name;
h. Dwight L. Hill and/or Maribel L. Hill shall remove their names from the Blackrock Coverdell Account ending 4121 and put the account solely in Jacob Hilrs name;
i. Dwight L. Hill and/or Maribel L. Hill shall remove their names from the State Farm Funds Coverdell Account ending 9274 and put the account solely in Jacob Hill's name. (ACCOUNT CLOSED)
15. Credit Cards
IT IS ORDERED AND DECREED that Dwight L. Hill is granted exclusive use of the following credit card and Maribel L. Hill is enjoined and prohibited from using or incurring any indebtedness on that card:
a. Capital One Credit Card, Account number Ending 0864
IT IS ORDERED AND DECREED that Maribel L. Hill is granted exclusive use of the following credit cards and Dwight L. Hill is enjoined and prohibited from using or incurring any indebtedness on these cards:
Final Decree of Divorce Page 14 of 17
Page 97 a. Chase Bank Credit Card, Account number Ending 9682
b. Chase Bank Credit Card, Account number Ending 7039
16. Transfer and Delivery of Property
Dwight L. Hill is ORDERED to execute, have acknowledged, and deliver to Maribel L. Hill, by and through her attorney of record, these instruments on or before ~ 11, 2024: ~~ w a. Special Warranty Deed for the 1211 Ft Velasco property; and
b. Special Warranty Deed for the 118 Nesmith Pl property.
Maribel L. Hill is ORDERED to execute, have acknowledged, and deliver to Dwight L. Hill, by and through his attorney of record, these instruments on or before November- >1, 2024: ~&:,v
a. Special Warranty Deed for the 123 Nesmith Pl property, attached hereto as Exhibit 1; and
b. Deed of Trust to Secure Assumption for the 4647 Elsby Avenue , nA A r ft property, attached herp!~ a! Exhibit 2, .J..,~ Otobtk~ ~~~ ~ ~Lw,(41 ..-. uw''d-J L. "/kit, Vl or li"Ufn.' ~Ut-\\,tr ,, ~,S u- ~"'21!{ {.. , This Final Decree of Divorce shall serve as a muniment of title to transfertt.,,..1 "-a ownership of all property awarded to any party in this Final Decree of Divorce. ~ _1 .A / 1\-tr •c~w,..1,llr,/
17. Court Costs -f1..t_ {~M ~
IT IS ORDERED AND DECREED that costs of court are to be borne by the partyiJ,,,lc,.,,,./ who incurred them. Q"\ QJS~•(l
18. Discharge from Discovery Retention Reguirement JJ:k ~~ ""-"'-- IT IS ORDERED AND DECREED that the parties and their respective attorneys cµ. are discharged from the requirement of keeping and storing the documents produced inl • fl-:A this case in accordance with rule 191.4(d) of the Texas Rules of Civil Procedure.\_.~ ~ll"'~
19. Clarifying Orders 1, ·>D?- f. Without affecting the finality of this Final Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this Final Decree of Divorce.
20. Relief Not Granted
IT IS ORDERED AND DECREED that all relief requested in this case and not expressly granted is denied. This is a final judgment, for which let execution and all writs and processes necessary to enforce this judgment issue. This judgment finally disposes
Final Decree of Divorce Page 15 of 17
Page 98 of all claims and all parties and is appealable.
21. Date of Judgment
This divorce judicially PRONOUNCED AND RENDERED in court at 600 Commerce Street, Dallas County, Texas, on June ~~• and further noted on the f/Jffl /{) I Z02f court's docket sheet on the same date, but signed on .JLL,.it_llA
Final Decreeof Divorce Page 16 of 17
Page 99 APPROVEDAS TO FORMONLY:
EPSTEINFAMILYLAW, P.C. 5949 SherryLane, Suite 1070 Dallas, TX 75225 Tel: (972) 232-7673
obert D. Epstein State Bar No. 24065206 robert@epsteinpc.com Attorneyfor DwightL. Hill
Marisol Lopez SBN: 24050952 301 W. Avenue D Garland, Texas 75040 972-205-1110 office phone 1-866-232-2077 facsimile Marisol@lawyerforu.com Attorney for Maribel L. Hill
Final Decree of Divorce Page 17 of 17
Page 100 A StateFarm, June 20, 2024
Following is a review of your estimated Termination and Extended Termination Payments you requested. Section IV, Paragraph 8 of the Agent's Agreement reviews the qualifications that must be met in order for Termination Payments to be made. In order for Termination Payments to be made, the Agent's Agreement must be terminated. The agent will return, or make available for return, Company property within 10 days of the termination of the agreement. In addition, the agent agrees to not induce, advise, or solicit any State Farm policyholders in his account at the time of his termination. The agent also agrees to not act or represent himself in any way as an agent or representative of the Companies. Please see Section 111, Termination of Agreement, of the Agent's Agreement for a more thorough review of Termination provisions.
The following are your estimated monthly Termination and Extended Termination Payments by company assuming a 5/31/2024 termination date. Term payments will be made for 60 months following your termination.
Term Pay Ext Term Pay Auto Voluntary $2,640 $2,640 Auto TCM $19 $0 Fire $206 $201 Lloyds $3,763 $3,737 Fire TCM $131 $131 Health $22 $0 Life $107 $107 Total $6,888 $6,816
NOTE: Extended Termination pay is available to agents who are 60 years or older with 20 years of service (last 10 continuous). Please remember that if you terminate prior to age 65, your Extended Termination Payments will be actuarially reduced. Extended termination payments are also available for those agents who meet the terms of the Early Notification Program. Under the Early Notification Program, you can qualify for Extended Termination payments at age 55 if (1) you are at least 55 years old, with 20 years of service (last 10 continuous) OR (2) age plus years of service equals 80.
Extended Termination amounts will be actuarially reduced for retirement before age 65. For retirement at age 59 years 7 months, the actuarial factor of 0.6263 reduces your Extended Termination payments to $4,269 a month. If you elect the joint and 2/3 survivor option, the extended term amount would be further adjusted to $3,625 a month. The survivor amount would be $2,417 a month.
NOTE: Life Writing Compensation Payments are based on writing compensation that would have been paid to you if your Agreement had not been terminated. Life Writing Compensation Payments will fluctuate each month depending on premium paid each month following termination and payments are reduced by a decreasing commission scale as business ages and any lapsed/cancelled policies.
NOTE: All figures are estimates. Contract provisions will govern actual amounts.
Attached is the estimate you requested. If you have any additional questions or concerns, please contact an ASR Representative at 1-833-335-0077 and follow the prompts to contracts and compensation.
Our hours of ope.ration are 7am to 7 pm central time, Monday through Friday.
Page 101 EXHIBIT
1 Special Warranty Deed
Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number.
Date: ____ _.2024
Grantor: Maribel L. Hill
Grantor'sMailingAddress:
4647 Elsby Avenue Dallas, Texas 75209 Dallas County
Grantee: Dwight L. Hill
Grantee'sMailingAddress:
10300 N. Central Expressway, #296 Dallas, Texas 75231 Dallas County
Consideration:
The division of property ordered by the 302nd Judicial District Court of Dallas
County, Texas, in Cause No. DF-22-14398, styled "In the Matter of the Marriage of
Dwight L. Hill and Maribel L. Hill and in the Interest of J.L.H., A Child," and ten dollars
and other valuable consideration paid by Grantee.
Property(includingany improvements):
LOT TWELVE (12), BLOCK TWO (2), SURFSIDE, CONSISTING OF 0.080 ACRES OF LAND, MORE OR LESS, HEREBY SUBDIVIDED OUT OF TRACT 212, OUT OF BRAZOS COAST INVESTMENT COMPANY SUBDIVISION NO. 1, BRANCH T. ARCHER LEAGUE, ABSTRACT 9, BRAZORIA COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN VOLUME 1772, PAGE 276 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS. (ACCOUNT NUMBER 6751-002-110}
More commonly known as 123 Nesmith Place, Surfside Beach, Texas 77541.
Special Warranty Deed - 123 Nesmith Place Page 1 of 3
Page 102 Reservationsfrom Conveyanceand Exceptionsto Conveyanceand Warranty:
This deed is subject to all easements, restrictions, conditions, covenants, and
other instruments of record.
Conveyance:
Grantor, for the consideration and subject to the reservations from conveyance
and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee all of
Grantor's interest in the property, together with all and singular the rights and
appurtenances thereto in any way belonging, to have and hold it to Grantee and
Grantee's heirs, successors, and assigns forever. Granter binds Grantor and Grantor's
heirs and successors to warrant and forever defend all and singular the property to
Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof when the claim is
~by, through, or under Granter but not otherwise, except as to the reservations from
conveyance and exceptions to conveyance and warranty.
Grantor assigns to Grantee the casualty insurance policy on the property, all
utility deposits for utility services at the property, and all funds held in escrow for
payment of taxes and insurance premiums.
When the context requires, singular nouns and pronouns include the plural.
Grantee assumes all ad valorem taxes due on the property for the current year.
MaribelL. Hill
This instrument was prepared based on information furnished by the parties, and no independent title search has been made.
SpecialWarranty Deed - 123 NesmithPlace Page 2 of 3
Page 103 STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on by Maribel L. Hill.
Notary Public, State of Texas
SpecialWarrantyDeed- 123 Nesmith Place Page 3of3
Page 104 EXHIBIT
Deed of Trust to Secure Assumption
Basic Information
Date: ------ ,2024
Trustee: Robert D. Epstein
Trustee'sMailingAddress:
5949 Sherry Lane, Suite 1070 Dallas, Texas 75225 _DallasCounty
Beneficiary: Dwight L. Hill
Beneficiary'sMailingAddress:
10300 N. Central Expressway, #296 Dallas, Texas 75231 Dallas County
Note and Deed of Trust Assumed:
Date: May 17, 2013
Original pr_incipalamount: $336,000.00
Maker and Grantor: Dwight L. Hill and Maribel L. Hill
Payee and Beneficiary: Compass Bank, now known as PNC Bank Loan number 1210015809
Recording infonnation: Instrument Number 201300161422; Dallas County Deed Records
Property(including any improvements):
Deed of Trust to Secure Assumption - Elsby Page 1 of 8
Page 105 LOT TWELVE (12), BLOCK B/5680 OF LINWOOD PLACE ADDITION, AN ADDITION TO THE CITY OF DALLAS, DALLAS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3, PAGE 429, MAP RECORDS, DALLAS COUNTY, TEXAS. LINWOOD PLACE BLK 8 - 5680 LT 12, ACCT #: 425713000000. SUBJECT TO ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS, LEASES AND RESTRICTIONS OF RECORD, ALL LEGAL HIGHWAYS, ALL RIGHTS OF WAY, ALL ZONING, BUILDING AND OTHER LAWS, ORDINANCES AND REGULATIONS, ALL RIGHTS OF TENANTS IN POSSESSION, AND ALL REAL ESTATE TAXES AND ASSESSMENTS NOT YET DUE AND PAYABLE. BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN VOLUME 98034, PAGE 757, OF THE DALLAS COUNTY, TEXAS RECORDS.
More commonly known as 4647 Elsby Avenue, Dallas, Texas 75209.
Prior Lien: •None
Other Exceptions to Conveyance and Warranty: None
Consideration: Beneficiary has conveyed the property to Granter, who as part of
the consideration promised to pay the note assumed and to be· bound by the deed of
trust assumed.
A. Granting Clause
For value received and to secure Grantor's assumption, Granter conveys the
property to Trustee in trust. Grantor warrants and agrees to defend the title to the
property, subject to the other exceptions to conveyance and warranty. If Granter
performs all the covenants of the note and deed of trust assumed and if Beneficiary has
not filed a notice of advancement, a release of the deed of trust assumed will release
this deed of trust to secure assumption and Beneficiary's vendor's lien.
B. Grantor's Obligations
Grantor agrees to -
B.1. perform all the covenants of the Note and Deed of Trust assumed; and
B.2. notify Beneficiary and Lender of any change of address.
Deed of Trust to Secure Assumption - Elsby Page2 of 8
Page 106 C. Beneficiary'sRights
C.1. Beneficiary may appoint in writing a substitute trustee, succeeding to all
rights and responsibilities of Trustee.
C.2. If Granter fails to perform any of Grantor's obligations under the note
assumed or deed of trust assumed, Beneficiary may perform those obligations, advance
funds required, and then be reimbursed by Granter on demand for any amounts so
advanced, including attorney's fees, plus interest on those amounts from the dates of
payment at the highest legal rate. The amount to be reimbursed will be secured by this
deed of trust to secure assumption.
C.3. Beneficiary may file a sworn notice of such advancement in the office of
the county clerk in the county in which the property is located. The notice will detail the
dates, amounts, and purposes of the amounts advanced and the legal description of the
property.
C.4. If Granter fails on demand to reimburse Beneficiary for the amounts
advanced and such failure conti~ues after Beneficiary gives Granter notice of the failure
and the time within which it must be cured, to the extent required by law or by written
agreement, Beneficiary may -
a. exercise Beneficiary's rights with respect to rent under the Texas
Property Code as then in effect;
b. direct Trustee to foreclose this lien, in which case Beneficiary or
Beneficiary's agent will cause notice of the foreclosure sale to be
given as provided by the_Texas Property Code as then in effect;
Deed of Trust to Secure Assumption ~ Elsby Page 3 of 8
Page 107 c. purchase the property at any foreclosure sale by offering the
highest bid and then have the bid credited to the amount owed to
Beneficiary.
D. Trustee'sRightsand Duties
If directed by Beneficiaryto foreclose this lien, Trustee will-
D.1. either personally or by agent give notice of the foreclosure sale as
required by this deed of trust to secure assumption and the Texas Property Code as
then in effect;
D.2. sell and convey all or part of the property "AS IS" to the highest bidder for
cash with a general warranty binding Granter, subject to the prior lien and to the other
exceptions to conveyance and warranty and without representationor warranty, express
or implied, by Trustee;
D.3. from the proceeds of the sale, pay, in this order-
a. expenses of foreclosure, including a reasonable commission to
Trustee;
b. to Beneficiary, the full amount advanced, attorney's fees, and other
charges due and unpaid;
c. any amounts required by law to be paid before payment to Granter;
d. to Granter, any balance; and
D.4. be indemnified, held harmless, and defended by Beneficiary against all
costs, expenses, and liabilities incurred by Trustee for acting in the execution or
enforcement of the trust created by this deed of trust to secure assumption, which
Deed of Trust to SecureAssumption- Elsby Page 4 of 8
Page 108 includes all court and other costs, including attorney's fees, incurred by Trustee in
defense of any action or proceeding taken against Trustee in that capacity.
E. General Provisions
E.1. If any of the property is sold under this deed of trust to secure assumption,
Granter must immediately surrender possession to the purchaser. If Granter does not,
Granter will be a tenant at sufferance of the purchaser, subject to an action for forcible
detainer.
E.2. Recitals in any trustee's deed conveying the property will be presumed to
be true.
E.3. Proceeding under this deed of trust to secure assumption, filing suit for
foreclosure, or pursuing any other remedy will not constitute an election of remedies.
E.4. This lien will be superior to liens later created even if Beneficiary has
made no advancementswhen later liens are created.
E.5. If any portion of the advancements cannot be lawfully secured by this
deed of trust to secure assumption, payments will be applied first to discharge that
portion.
E.6. A sale of the property under this deed of trust to secure assumption-
a. is subject to Grantor's continuing obligation to make all payments
owing on the note assumed and to perform all obligations under the
deed of trust assumed; and
b. does not extinguish Trustee's right to conduct subsequent sales of
the property for future Granter defaults under this deed of trust to
secure assumption.
Deed of Trust to Secure Assumption - Elsby Page 5 of 8
Page 109 E.7. Grantor collaterally assigns to Beneficiary all present and future rent from
the property and its proceeds. Grantor warrants the validity and enforceability of the
assignment. Grantor will apply all rent to payment of the note assumed and
performance of the deed of trust assumed, but if the rent exceeds the amount due with
respect to. the note and deed of trust assumed, Granter may retain the excess. If a
default exists in payment of the note assumed or performance of this deed of trust to
secure assumption or of the deed of trust assumed, Beneficiary may exercise
Beneficiary's rights with respect to rent under the Texas Property Code as then in effect.
Beneficiary neither has nor assumes any obligations as lessor or landlord with respect
to any occupant of the property. Beneficiary may exercise Beneficiary's rights and
remedies under this paragraph without taking possession of the property. Beneficiary
will apply all rent collected under this paragraph as required by the Texas Property
Code as then in effect. Beneficiary is not required to act under this paragraph, and
acting under this paragraph does not waive any of Beneficiary's other rights or
remedies.
E.8. Interest on the debt secured by this deed of trust to secure assumption will
not exceed the maximum amount of nonusurious interest that may be contracted for,
taken, reserved, charged, or received under law. Any interest in excess of that
maximum amount will be credited on the principal of the debt or, if that has been paid,
refunded. On any acceleration or required or permitted prepayment, any such excess -
will be canceled automatically as of the acceleration or prepayment or, if already paid,
credited on the principal of the debt or, if the principal of the debt has been paid,
refunded. This provision overrides any conflicting provisions in this and all other
Deed of Trust to Secure Assumption - Elsby Page 6of 8
Page 110 instruments concerning the debt.
E.9. Any action taken under this deed of trust to secure assumption will not
extinguish the rights of Beneficiary to proceed against Granter under the indemnity
contained in the deed by which Granter assumed the note and deed of trust assumed.
E.10. When the context requires, singular nouns and pronouns include the
plural.
E.11. This deed of trust to secure assumption binds, benefits, and may be
enforced by the successors in interest of all parties.
E.12 Granter waives and surrenders to Beneficiary (a) Grantor's power to
authorize anyone (other than Beneficiary or Grantor) to pay ad valorem taxes on the
property and {b) Grantor's power to authorize a taxing entity to transfer its tax lien on the
property to anyone other than Beneficiary. Granter agrees and declares that any
authorization from Granter to another (other than Beneficiary) to pay the taxes and
transfer a tax lien on the property is void.
E.13. If all or any part of the property is sold, conveyed, leased for a period
longer than three years, leased with an option to purchase, or otherwise sold (including
any contract for deed) without Beneficiary's prior written consent, which consent may be
withheld in Beneficiary's sole discretion, Beneficiary may declare a default of this
agreement and seek to foreclose on the property. The creation of a subordinate lien,
any conveyance under threat or order of condemnation, or the passage of title by
reason of the death of Granter or by operation of law will not entitle Beneficiary to
exercise the remedies provided in this paragraph.
E.14. Granter agrees to provide proof of payment (including escrows) of all
Deed of Trust to Secure Assumption - Elsby Page 7 of 8
Page 111 obligations paid under the assumed note to Beneficiary on request. Granter and
Beneficiary agree to provide each other with ongoing access to all passwords and
ongoing online access related to the assumed note. Granter and Beneficiary agree to
forward a copy of any and all correspondence from the underlying Lender to the other
party within five business days of receipt.
This instrument was prepared based on information furnished by the parties, and no independent title search has been made.
STATEOF TEXAS )
COUNTYOF DALLAS )
This instrument was acknowledged before me on _________ by Maribel L. Hill.
Deed of Trust to SecureAssumption- Elsby Page 8 of 8
Page 112 &State Farm,
June20, 2024
Following is a review of your estimated Termination and Extended Termination Payments you requested. Section IV, Paragraph B of the Agent's Agreement reviews the qualifications that must be met in order for Termination Payments to be made. In order for Termination Payments to be made, the Agent's Agreement must be terminated. The agent will return, or make available for return, Company property within 10 days of the termination of the agreement. In addition, the agent agrees to not induce, advise, or solicit any State Farm policyholders in his account at the time of his termination. The agent also agrees to not act or represent himself in any way as an agent or representative of the Companies. Please see Section Ill, Termination of Agreement, of the Agent's Agreement for a more thorough review of Termination provisions.
The following are your estimated monthly Termination and Extended Termination Payments by company assuming a 5/31/2024 termination date. Term payments will be made for 60 months following your termination.
Term Pay Ext Term Pay Auto Voluntary $2,640 $2,640 Auto TCM $19 $0 Fire $206 $201 Lloyds $3,763 $3,737 Fire TCM $131 $131 Health $22 $0 Life $107 $107 Total $6,888 $6,816
NOTE: Extended Termination pay is available to agents who are 60 years or older with 20 years of service (last 10 continuous). Please remember that if you terminate prior to age 65, your Extended Termination Payments will be actuarially reduced. Extended termination payments are also available for those agents who meet the terms of the Early Notification Program. Under the Early Notification Program, you can qualify for Extended Termination payments at age 55 if (1) you are at least 55 years old, with 20 years of service (last 1O continuous) OR (2) age plus years of service equals 80.
Extended Termination amounts will be actuarially reduced for retirement before age 65. For retirement at age 59 years 7 months, the actuarial factor of 0.6263 reduces your Extended Termination payments to $4,269 a month. If you elect the joint and 2/3 survivor option, the extended term amount would be further adjusted to $3,625 a month. The survivor amount would be $2,417 a month.
NOTE: Life Writing Compensation Payments are based on writing compensation that would have been paid to you if your Agreement had not been terminated. Life Writing Compensation Payments will fluctuate each month depending on premium paid each month following termination and payments are reduced by a decreasing commission scale as business ages and any lapsed/cancelled policies.
NOTE: All figures are estimates. Contract provisions will govern actual amounts.
Attached is the estimate you requested. If you have any additional questions or concerns, please contact an ASR Representative at 1-833-335-0077 and follow the prompts to contracts and compensation.
Our hours of operation are 7am to 7 pm central time, Monday through Friday.
Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number.
Date: ------ 2024
4647 Elsby Avenue Dallas1 Texas 75209 Dallas County
10300 N. Central Expressway, #296 Dallas Texas 75231 1
Dallas County
The division of property ordered by the 302nd Judicial District Court of Dallas
County1 Texas, in Cause No. DF-22-14398, styled "In the Matter of the Marriage of
Dwight L. Hill and Maribel L. Hill and in the Interest of J.L.H., A Child," and ten dollars
LOT TWELVE (12), BLOCK lWO (2), SURFSIDE, CONSISTING OF 0.080 ACRES OF LAND, MORE OR LESS, HEREBY SUBDIVIDED OUT OF TRACT 212, OUT OF BRAZOS COAST INVESTMENT COMPANY SUBDIVISION NO. 1, BRANCH T. ARCHER LEAGUE, ABSTRACT 9, BRAZORIA COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN VOLUME 1772, PAGE 276 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS. (ACCOUNT NUMBER 6751-002-110}
More commonly known as 123 Nesmith Place, Surfside Beach, Texas 77541.
Page 102 Reservationsfrom Conveyanceand Exceptionsto Conveyanceand Warranty:
This deed is subject to all easements, restrictions, conditions, covenants, and
Granter, for the consideration and subject to the reservations from conveyance
and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee all of
Grantor's interest in the property, together with all and singular the rights and
appurtenances thereto in any way belonging, to have and hold it to Grantee and
Grantee's heirs, successors, and assigns forever. Granter binds Granter and Grantor's
heirs and successors to warrant and forever defend all and singular the property to
Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof when the claim is
by, through, or under Grantor but not otherwise, except as to the reservations from
Granter assigns to Grantee the casualty insurance policy on the property, all
utility deposits for utility services at the property, and all funds held in escrow for
When the context requires, singular nouns and pronouns include the plural.
Grantee assumes all ad valorem taxes due on the property for the current year.
Maribel L. Hill
This instrument was prepared based on information furnished by the parties, and no independent title search has been made.
SpecialWarranty Deed - 123 NesmithPlace Page 2 of3
Page 103 STATEOF TEXAS §
COUNTYOF DALLAS §
This instrument was acknowledged before me on by Maribel L. Hill.
NotaryPublic,State of Texas
SpecialWarrantyDeed- 123 NesmithPlace Page 3 of 3
Date: _____ _,2024
Granter: Maribel L. Hill
Grantor's Mailing Address:
4647 Elsby Avenue Dallas,Texas75209 Dallas County
Trustee's Mailing Address:
5949 Sherry Lane, Suite 1070 Dallas, Texas 75225 _DallasCounty
Beneficiary's Mailing Address:
10300 N. Central Expressway, #296 Dallas, Texas 75231 Dallas County
Original p~incipalamount: $336,000.00
Payee and Beneficiary: Compass Bank, now known as PNC Bank Loan number 1210015809
Recording information: Instrument Number 201300161422; Dallas County Deed Records
Property (including any improvements):
Deed of Trust to SecureAssumption- Elsby Page 1 of 8
Page 105 LOT TWELVE (12), BLOCK B/5680 OF LINWOOD PLACE ADDITION, AN ADDITION TO THE CITY OF DALLAS, DALLAS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3, PAGE 429, MAP RECORDS, DALLAS COUNTY, TEXAS. LINWOOD PLACE BLK 8 - 5680 LT 12, ACCT #: 425713000000. SUBJECT TO ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS, LEASES AND RESTRICTIONS OF RECORD, ALL LEGAL HIGHWAYS, ALL RIGHTS OF WAY, ALL ZONING, BUILDING AND OTHER LAWS, ORDINANCES AND REGULATIONS, ALL RIGHTS OF TENANTS IN POSSESSION, AND ALL REAL ESTATE TAXES AND ASSESSMENTS NOT YET DUE AND PAYABLE. BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN VOLUME 98034, PAGE 757, OF THE DALLAS COUNTY, TEXAS RECORDS.
More commonly known as 4647 Elsby Avenue, Dallas, Texas 75209.
Prior Lien: -None
Consideration: Beneficiary has conveyed the property to Grantor, who as part of
the consideration promised to pay the note assumed and to be· bound by the deed of
A. Granting ~lause
For value received and to secure Grantor's assumption, Granter conveys the
property to Trustee in trust. Granter warrants and agrees to defend the title to the
property, subject to the other exceptions to conveyance and warranty. If Granter
performs all the covenants of the note and deed of trust assumed and if Beneficiary has
not filed a notice of advancement, a release of the deed of trust assumed will release
this deed of trust to secure assumption and Beneficiary's vendor's lien.
Granter agrees to-
B.1. perform all the covenants of the Note and Deed of Trust assumed; and
8.2. notify Beneficiary and Lender of any change of address.
Deed of Trust to Secure Assumption - Elsby Page2 of8
C.1. Beneficiary may appoint in writing a substitute trustee, succeeding to all
C.2. If Granter fails to perform any of Grantor's obligations under the note
assumed or deed of trust assumed, Beneficiary may perform those obligations, advance
funds required, and then be reimbursed by Grantor on demand for any amounts so
advanced, including attorney's fees, plus interest on those amounts from the dates of
payment at the highest legal rate. The amount to be reimbursed will be secured by this
C.3. Beneficiary may file a sworn notice of such advancement in the office of
the county clerk in the county in which the property is located. The notice will detail the
dates, amounts, and purposes of the amounts advanced and the legal description of the
C.4. If Granter fails on demand to reimburse Beneficiary for the amounts
advanced and such failure conti~ues after Beneficiary gives Granter notice of the failure
and the time within which it must be cured, to the extent required by law or by written
a. exercise Beneficiary's rights with respect to rent under the Texas
b. direct Trustee to foreclose this lien, in which case Beneficiary or
Beneficiary's agent will cause notice of the foreclosure sale to be
given as provided by the_Texas Property Code as then in effect;
Deed of Trust to Secure Assumption - Elsby Page 3 of 8
Page 107 c. purchase the property at any foreclosure sale by offering the
highest bid and then have the bid credited to the amount owed to
D. Trustee's Rightsand Duties
If directed by Beneficiary to foreclose this lien, Trustee will-
D.1. either personally or by agent give notice of the foreclosure sale as
required by this deed of trust to secure assumption and the Texas Property Code as
D.2. sell and convey all or part of the property "AS IS" to the highest bidder for
cash with a general warranty binding Grantor, subject to the prior lien and to the other
exceptions to conveyance and warranty and without representationor warranty, express
D.3. from the proceeds of the sale, pay, in this order -
a. expenses of foreclosure, including a reasonable commission to
b. to Beneficiary, the full amount advanced, attorney's fees, and other
c. any amounts required by law to be paid before payment to Granter;
d. to Grantor, any balance; and
D.4. be indemnified, held harmless, and defended by Beneficiary against all
costs, expenses, and liabilities incurred by Trustee for acting in the execution or
enforcement of the trust created by this deed of trust to secure assumption, which
Deed of Trust to Secure Assumption - Elsby Page 4of8
Page 108 includes all court and other costs, including attorney's fees, incurred by Trustee in
defense of any action or proceeding taken against Trustee in that capacity.
E. GeneralProvisions
E.1. If any of the property is sold under this deed of trust to secure assumption,
Grantor must immediately surrender possession to the purchaser. (.f Granter does not,
Grantor will be a tenant at sufferance of the purchaser, subject to an action for forcible
E.2. Recitals in any trustee's deed conveying the property will be presumed to
E.3. Proceeding under this deed of trust to secure assumption, filing suit for
foreclosure, or pursuing any other remedy will not constitute an election of remedies.
E.4. This lien will be superior to liens later created even if Beneficiary has
E.5. If any portion of the advancements cannot be lawfully secured by this
deed of trust to secure assumption, payments will be applied first to discharge that
E.6. A sale of the property under this deed of trust to secure assumption-
a. is subject to Grantor's continuing obligation to make all payments
owing on the note assumed and to perform all obligations under the
b. does not extinguish Trustee's right to conduct subsequent sales of
the property for future Granter defaults under this deed of trust to
Page 109 E.7. Granter collaterally assigns to Beneficiary all present and future rent from
the property and its proceeds. Granter warrants the validity and enforceability of the
assignment. Grantor will apply all rent to payment of the note assumed and
performance of the deed of trust assumed, but if the rent exceeds the amount due with
respect to. the note and deed of trust assumed, Granter may retain the excess. If a
default exists in payment of the note assumed or performance of this deed of trust to
secure assumption or of the deed of trust assumed, Beneficiary may exercise
Beneficiary's rights with respect to rent under the Texas Property Code as then in effect.
Beneficiary neither has nor assumes any obligations as lessor or landlord with respect
to any occupant of the property. Beneficiary may exercise Beneficiary's rights and
remedies under this paragraph without taking possession of the property. Beneficiary
will apply all rent collected under this paragraph as required by the Texas Property
Code as then in effect. Beneficiary is not required to act under this paragraph, and
acting under this paragraph does not waive any of Beneficiary's other rights or
E.8. Interest on the debt secured by this deed of trust to secure assumption will
not exceed the maximum amount of nonusurious interest that may be contracted for,
taken, reserved, charged, or received under law. Any interest in excess of that
maximum amount will be credited on the principal of the debt or, if that has been paid,
refunded. On any acceleration or required or permitted prepayment, any such excess·
will be canceled automatically as of the acceleration or prepayment or, if already paid,
credited on the principal of the debt or, if the principal of the debt has been paid,
refunded. This provision overrides any conflicting provisions rn this and all other
Deedof Trustto SecureAssumption- Elsby Page6 of 8
E.9. Any action taken under this deed of trust to secure assumption will not
extinguish the rights of Beneficiary to proceed against Granter under the indemnity
contained in the deed by which Granter assumed the note and deed of trust assumed.
E.10. When the context requires, singular nouns and pronouns include the
E.11. This deed of trust to secure assumption binds, benefits, and may be
E.12 Granter waives and surrenders to Beneficiary (a) Grantor's power to
authorize anyone (other than Beneficiary or Granter) to pay ad valorem taxes on the
property and (b) Grantor's power to authorize a taxing entity to transfer its tax lien on the
property to anyone other than Beneficiary. Granter agrees and declares that any
authorization from Granter to another (other than Beneficiary) to pay the taxes and
E.13. If all or any part of the property is sold, conveyed, leased for a period
longer than three years, leased with an option to purchase, or otherwise sold (including
any contract for deed) without Beneficiary's prior written consent, which consent may be
withheld in Beneficiary's sole discretion, Beneficiary may declare a default of this
agreement and seek to foreclose on the property. The creation of a subordinate lien,
any conveyance under threat or order of condemnation, or the passage of title by
reason of the death of Granter or by operation of law will not entitle Beneficiary to
E.14. Granter agrees to provide proof of payment (including escrows) of all
Page 111 obligations paid under the assumed note to Beneficiary on request. Grantor and
Beneficiary agree to provide each other with ongoing access to all passwords and
ongoing online access related to the assumed note. Grantor and Beneficiary agree to
forward a copy of any and all correspondence from the underlying Lender to the other
This instrument was prepared based on information furnished by the parties, and no independent title search has been made.
STATE OF TEXAS )
COUNTY OF DALLAS )
This instrument was acknowledged before me on _________ by Maribel L. Hill.
Deed of Trust to Secure Assumption - Elsby Page 8of 8
Page 112 EXHIBITD
CURRENT MORTGAGE ON ELSY (RESPONDENT SEPARATE PROPERTY WHICH IS PAYING MORTGAGE ON 1211 VELASCO) 0MB No. 2502-0265 ............~-· A. Settle1nent State1nent (HUD- I) In. 1"mc of Lonn I I. D f.HA l. 0 RHS J. CE)CouvUnit\:: 6. File Num.l.)cr ,1. Dv;, ·1.l.o>nNu:nbcr , 8. Mo:in,,~c InsOise Number 5. D Cor.v Int. 6. D Stlkr :=in 13.?2i20-,\L,ND G710099292 c,.. 7. D h Sole.
C.No!:: Th~formis 01r,1id1td to GiveYot1:\ :tntcmcnt of t1Ctull costs .Amour.ts scrtlcmenl µaidlo tmdby1h:settlement I !l31:11l tre shown.l:e:rutntrkcd •(n o.c.)I'weren:iicJ 01111ide lhe clc11i1:tt: th:y ere :showo hen::: for in(orme101101 n1uo0.1e1 n,,~nrenot fnolutlcdin ihc I0l!ls. D. NomeS;.Adwcs, orilormwcr & Addrm of Seler E. N11mc F. Nome& Addren of under llwir:hr 1...Mm ::amlMadt:cl t... mu .JG,:7l!l!by i\ve1111, Comp:usIlonlt 70! S. J?u~ Srrcct 0:1!1:1s, TX 75209 Birml11ehnn1.AL J523J
0. Propertylc<,U0!l H. Scliluntnt Asent Non} I Seu.temcn1 D!te ,\llcglnncoTIiie Conipo, • 5/11/lOlJ Lif\\t"O¢d .Ph::cc.Ulct1:D/5680, Lot 12-,Col!ht 81J l Pmtor, Rond, Sult JOO County •1447Bisby,\\'Cnth! o,11n,,'fX 75225 21~6J5l100 J Fo::,d:51'..lt!0IJ
Oolla,, TX 7520? Tiv:1111c c.so,1rc:c1 U11de11rriUc1t J>loceof Scnfcmtnt l /\llccinri,cTille Compni:•• Nor1ilO•llos I SiiO N. D•llns Pnl'lnv•. ,1/l!00 U:iH,.,, TX 7.52-18 J J, Sun:1nnryor Dorrow:r'sTrons,01!011 I 100.C1·oss .At1:0~1r1,Out IroinDorrcwc:· ( IC.S11mn1:1ry ofScUet..J Trnus:u:tlcr. I -ICO.Crou ArnountOu:.ro StUcr lOJ. Conl~et!11lc:1 r,rice 10I. Comrncl!olc.sprice 102 Pc:so11nl prorcny 402. Penonn.11>roµcsty chnrces 103, Setlle.··nciu to borrower S~,903.Sl 103. 104 P,woffto9Jnkof /mitdcn S◄?,582.~~ ~104. 10S. ~•yoff,o BSVACo:npo,s S91,094.91 405. Atlfu.s:tmcntsforHetr.sruiidbyltllcr in :1dv:rntc htlj1tsrmcntsfo1·ir:r.u. pn!d by tclkr In tdYnnc-c l 06. City property1:,.,;cs 106. Cityproperty~'IX~ 107. County propc1tyt.1xe.s 407. Cour.typro..,cnyto_.'(cs i OS.Assessment T~.xcs 40S. Amtimcnr Trucc.s 109. Schnolrucp<«Ytlll(es 409. SchoolpropertytlUtcs ll 0. OU,crt•~c.s 410. Oihcr 1ro.'.C$ I 11. 011:crt::.,;c.$ 411. OlltcrLixos I 12. 412. 1n. 413. I i4. 4M. I i5 lit 5, 116. •116. 120. Cross An,ouut Om: 1'1·0111Oon:>w:r S!•l7.S80.R7 Du~re ScUcc- 1110, C1,ou ..\.tno1111I 200. AmounrsPoid UyOrin nctrolf or0orrowe:· 500. Rttluctions in Amou:d Due to S::lltr 20!. Ocpos±torccrn:s1 n1oocy 501. E«c.ss d:smil (seelns1nic,lons) 202.. P,inci;u1l :tMcunloi acw loan{s) SJ36,000.CO 502. Sct1fcmon1eh11<&cs10,oiler (lin: 1~00) 203. Exi>ling!o•u(s):ok.., subjcclto 503. fa!S1inglo•n(s)rnktl1subjeei10 ✓
204. 504. Pnyol!of flrs1:nong•gc!ooa 105. SOS,Poyntror oceonomonc•t• lnao 206. 506. 207. 507. 205 50!. 20?. 50?. Adjus~mcnufot Items~1111:li
.,... 21~. 51l 219. SI?. 220.Tout! P:JldUvJf.orOo:-row:r S336.00C.00 520. Tot:11nct111c1l:ut ,\monn1 !)ucScl!cr 300. Cr:shAt Sc1ttcme1,tf.'tom/'rn Uorrowc1• liOO.Cnsl1Al Sc:1tcme1HTc/P'r~rn ScllCJ" ~
lOl. Oro-ts/u;i::mnt,lue from b~:o\~'Cr(lbc: 120) St ➔7,5ll0.67 601.Gro~,Amounidue to seller(line~20) 3M. Less :unct:ntspnid by/for bouvw~t (h,~c 220) SJJu,000.00 602 Leu ~ducl!onsin ::nnt.Cue:seller(linoS'20) 303. Cns,!11"nDnrn:,·,ver StSS.-11?.tJ Ml. C~sh S~llcr Brntti.;n(o: tht!l: Tr..cPnl,!icRL'fll'!tliog isa,imrilci.lnt 3 Snih utc:.perre5p01ueforc::r.11::tiua, collcttio:1of inl0m1:Hin,1 n:vicwini;.nndrt(lott o•~ynet .::,ll«t this iufmnitiun, Md yi;11 r.!n:retl;U1isdtscl~ureis mrJ1rlo:ory. POC(U)-P:lid nronnr
?revjous editionsnrc obso:C:c MUIH I'll, No. ll.>U'&t.lff~OlJ L. ScnlcmcnlCb11rgcs ?GO.Tot11Int1tl&talc Brakcl'Pees 'PddFron1 Olvitic11of'Ccmmiuion (line700)os tollows: Sella's 701. 10 Fundsal 702. IC Sdtlcmcnt 703. 704.Thefotlo\rinfl parties,pcisons.firmsOJ !O 7OS.corpomr!ans h4vencelvcdIIpottioAOt ED 70S.lhcreeleauccammtsslon shown llbovc. to
800. l!tms P11ynblc haConnectionwill,Lo11a 101.Ourorimnation ..i..-a I 802. Ycurcredit or ch- '""'nbl rcr IJ!csne9£.rll~. ao>.Youradjustedongmatlcncharges co ComponDllak . .. _ ... -.. - SJ.19&.'ISI rrmmQFEOll
(ftumOFJ!A) 53,195,'15 SIM.ApprnlmlPee Suvl, tu. Ltd. 10 Southwcsl Fln11nd1tl •oc
!JOO. llemrlb!l'luJftdbYLcnduTo DePlaidInAdnncc 001. Dellylnlcrcs& ohiiracshm 6/lVZOll lo Ci/l/l013@ S33.37/day (CtomOF&llO) $333.10 902. Mftffaft"C JMtlntllCII Premium fat fflllllths to rrtomCJPB13\ I rnumOPJ!,m I UlCO.ncse.rvcs DepositedWith Lender 1001.lititinlDepositrcr youraciow occ:cunt (&omGFBD9} Hcmcownen 11102. insurw:c morubs~~ p~monllt 1001Mcrlgcgeinsurance months,1 p::rmaalh 1004.CilYpn,pcrtyram months,I m=rmonlb 1005.CountyPtOperty tmccs ~ monahsC P :rmonlb IC06.AsscssmtnlTmtcs monlhs@ Plrnwnth ICD7.Schocl pfflllffllltoxcs monlhs~ p:rmcath mon1bs@ l'ltrn=tlh moruhsml 1010.O!hctcaxe.s montbs@ IOII. AA&teaalA AdJuilmcnt
1101.TIilesesvlces Md lendcr'llitleinsurance IO AUcnlancc TIileCommDY (ftmnOFBf.t) 13,127.56 l 101.Scul=cm orclcsfngrec to AUcclnncc narcComruII)' $175.GG l 103.Ch'fflCl's Clllclnsul'IIIICC lO AUe1lc111ccTlllc Coran111y l 104.Lelldcts1,t!cinsunmcc co Allc.11.l11uec '1111c Oimn111v 52,181.110 l lOS.LcndctsliUc~C¥ limitS S33&JM)O.OOJS2,88G.60 1106.0wnn tltlepoli;ytlmil$ 1107.Apl'I porCionoftbe IO!Altlllc lnsllfflnccpmniunt 10 Allcg(AQCC'lllcCamn:any port=nof!ht ~ titlelns1111111cc 1108.Undl:nvrites's J)lefflium10 TitleRtsouus G1111r2nly SOUi) AJlcgllmccTitleCompany• 1109.StileofTexasPolicyOucrcnly Fee 10 Gm1r1mcv tree SZ.OO(hmCIPHt)
1110. Swc oncxasPolleyOuanmty Pea nucCorup1111y. to A1lcgl11nce (&o111ClfEa5} Gu2r1111ivFee 1111.c-Iword!ngFee lo Allcgl11acc TIile Cc111p1111r S4.00(6m!ICRl4) (MTP& BIN 1112. NolycLdudpAyiil,la to AUegloaccTIUc Ccmpan]' ss.ao 1113.Taxddcllon(MTP & BINDER. ONL to Allcgl.oncc TIileCompany S20.CO 1114. Envlrcnmcnllll ProiccthlnUcn 10 Atlcgbmcc nneCompauy $25.00 111S. TU)Res.Gmtossomc:nt to Atlrglnntc1'JtlcCcm(IDAf SlO!l.10 1116.T42 Endo,scmcnl U1 Allqin11a:Tille CcmpAl1l' n1uo 1117.T42.l Endo~ 10 Al1c£1n11"TIiie: Compziny ms. i-= Ccdificm.c 10 AUcglnucc TIiieCompnay SS'1J5 ('4-amOf&IH}
Govunme1lfRccordlagand Tra0ffcr C11111cs 1:ZOD. 1101.Oovcmmenr reconUsm cbt1mes Ol=OPBll'7) Jt28.CO 1202. MOrt8llaCS92.00 'nl e C11mp11t1)' lo M1egui11c11
1203.Tnnisli:r1DXOS (ll'on,GPl!tl8) 1204.CityfQ)\1111)' llllC/111Unps
1206.Home~il)' Affidavil 10 Allce.l11acc Tille CG1n1111v $36,00(ftom Gf'Bl7)
1300.AddUlt1n11l Sctcfcmcnlct111rgcs 1301.Rcciulicdsmlccs youcaasltcp i« (rromOPI!06)
J,100.Tot11I on lhtcs103.Sccclou Scttlemca,Cbarnesce111er SccllonIC J and 5111. I S6.90351I Ii)' Bono-. l'OC(S)- PaidOur.fd •otOosba by Sella. l'OCCL)- hid o-ido PCC(D)- PaidOv11idcof'Cloti111: olCIA;ln& 117 l.Gadcr,
Previous editions aTCobsolete Pagc2iof4 HUD•l fileNa. Jllll~ll CnmflflrilouorCood J7aitllEstlntnte(GF£) 1111dHUD-IClmrgcs GoodlfnilhEsrhnntc HUD-1 Charges Tl1n1 hu:re.,sc C:11111ot f HUD-ILite Nmnbcr Ournriginntion c!s:11U: '8 I SJ,196.75 $3,196.75 Your\:fcditor charge{polnlS)for the specificrule cltosen 82 so.oo so.oo Yourodjustedoriginationcharges 'll 3 SJ,196.7S n.19G.1S ·rrnnsr~lm:C$ 'II 03 so.no S0.00
Ch:irgu Thnl in Torn I C11nnor hm·ensc MoreTJ1n11 fU¾ COOII Fuilf1Escbn11Ce IiUD-1 Oovcmmcnt recording churges 20! sm.oo 5128.00 AppmisnlFee Creditreport °" OS S425,00 $16.00 $425.00 $16,00 T:ixser\licc 06 SJOS.00 SJOS.00 Floodccrtincntion 1: 07 S12.S0 S12.50
lncL·cru;c To1al HU •I Chnme.q bclwccnGF£ 1121d I S670.50 Sl&.00 I Di.' $6'!1650 2.3!)1/,. I Ctsurt?CS ·rbnl C:1nCbtUlltC CoodF:iithEstimnlc HOO-I lniti:ildepositroryourC$Crcw nccount 1 1001 SO.OD SO.Oil DailyinlcrcStcl1nf'3CS ~ 901 SJJ,37/dll1, $333,70 S333.70 Ucmcowncr':s insur1111cc l 903 so.oo SO.DO Titlcscrvlccs andlem!cr's 1l1h: insurnncc 11101 SJ,704.00 S3,Jl7.S6
Loan Terms Youriuilial1011nnmounlIs 036,000.00
Your101111 termis ~Oyenrs
Vcmri,tiliulin1crcstr:ttcb 1.625%
Yonriniliolinon1hly Gmountowedforprlneipol,intcresLn.-tdanyniorigagc: •1.S32.33includes instlr3nClll$ El Mncipnl Bl ln~rcst :J Mortnnaclnsumnce Cuny\)11t in~l r111c riSll? BlNo.a Yes,it CM rise10 11maxJmum or 0%.Theflnstclumgc willbeou Uldcanchangengoinevery oner. T:ve,ychnngedntc.ynurb11Ctc$1 r.uecan ncrcu,eor decreaseby 0%.Overthe lireof tile loan.yourln1i:n::si l'lltc ls unrant=dro,,,._ver be lo\vertlum0%or hfoherrhnn tlo/o.. livenii'you mnkcp:iymculson lime.can yout lonn bnlnncerisc'l Bl No.O Ye$,it Ganrf:si: to A mmdmuinof SO.CO l!vcnffyoumsf;cpaymentsen time,canyourmonthly ElNo.□ Ycs, the firstin'"nsc e&1 ba on andIllemOlllhly amountowed :imountl>\\'Cdru~nrincinnl i,11 ..~--:,t.ndnuirtn....e imurnnccrl~o? ~n riseto SO.CO it cuneverrfa to Is S0.00 TI11:11111Ximu111
Deesyour lonnhavenprepu)'mcnl pcmllcy? In No.0 v~. yourmaximumpn:pnyment is $0,00 pcn11!ty Deesvcurloanhaven balloonMun1ent? ra Nn.□ YCL vouhavea b111loon Mvmcnt or SO00duoInOveerson
monthlyamO!!?lt 1°01111 owedh1clufli11g escrownccountpny1ni:111s ~ Youdo noLbnvca monthlyescrowpaymentfor items.suchas property undlulmcowner's 1111c:s wumn1.:e. Youmustpay theseltcmSdlrcclly -oumlr. J Yon hnvcan additionalmcnthlycsa-ow))l\ymcnt or l'C$Ulls 1111 in ti tot:ilinitialmonthlyamountowedof$1,53l.33. This 11Clud~principal.inlen$1,nny 1110rt8,ngc insurance1111d anyitemschecked clow:
' J Properlylll."!.C:S O Homeowner'! losuranec !J Floodin:suruncc □ !] 0 du: Si:ulcmentChmgcsend LoanTen ~ listed on this fonn,tllCGSCconmctyourlender. Note: l(you lm-n:nnyquestionsnbo11t
Previouseditionsnreobsolete Page 3 ~r,1 HUD-I FileNo.1332220-ALND
I havecarclblly rcvlc1YCd lhcHUD-ISCfllcment end lo Illebestofmy.lcaa Sl!Uemenl ~edgeandbelier,Itis Acmc11Ddm:cmu1eallllcmall of1111 r=:fpll Ind madeen myaccountor bymeillthisIIW4Ction.J fimhtrcertify l haveICCCIYCd disbwseml:nJs 4 completed ccpyof pages••2 andl o!!lt!sHUD-IScu1=cffl Sloteme11L
g}// ~ Sern.EMBNTAOENTCERTIFICATION TheHIJO.lSctllcmcnt whichl luwc~ isa uuc=cl~e Sl:\lctn=t ccccmuord!is b'lms1!dion.I &o.vo cmiscdihii fbndr lo bedJsZnzn:cd In accordaftcc wittaChisstaICmcnL
Sctllemcnt Asant WAmlng:h It a crimeat kMwingly make&lsc11111cmcntsto CheUalicd SU!tcsen (biser anyod1cnEmitar ronn. Pcnllllics uponccnvlctlcn ccn Pctdctoilssec:TIile18U.S.Cocl.c includeIIfineand fmpris011mcnt Sc:crion 100l and Sc:clianl 01O.
Previouscdnionsarc obsolete Pagc4 f4 HUD-I FiloNo.W~IJ u ....L v-:i:vn r.1. vu u, v, t..Vt..-: v, .t..v, .c...1. .r-n 1..u.1. rnui.... TYLER FARRIS CPK49966) COMPANY:
CUSTOMERACCOUNTACTIVITY STATEMENT DATE 06/06/24 PAGE 1
DWIGHTL HILL MARIBEL L HlLL LOA.~NUMBER:1210015809 4647 ELSBY AVE REQ BY GUO DALLASTX 75209
IF YOU HAVEQUESTIONSABOUTTHIS STATEMENT, PLEASE CALL PNC'S CUSTOMERSERVICE AT 1-800-822-5626. VISIT PNC.COMTO ACCESS ACCOUNTINFORMATION. ******************************************************************************* -------------------------- CURRENTACCOUNTINFORMATION------------------------ DATE TOTAL PRINCIPAL LOAN CURRENT PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW DUE AMOUNT PAYMENT Rt~TE BALANCE BALANCE 07-01-24 1,532.33 1,532.33 3.62500 252,245.55 0.00 2ND MORTGAGE: 0.00 0.00000 0.00 ********************~********************************************************** ACTIVITY FOR PERIOD 05/17/13 - 06/05/24 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTION PRIN. PAID/ ESCROWPAID/ ------------OTHER--------·----- AMOUNT BALANCE INTEREST BALANCE AMOONT CODE/DESCRIPTION 06-03-24 06-24 171 PAYMENT 06-01-24 1,532.33 768.02 7 64. 31 0.00 252,245.55 NEWPRINCIPAL/ESCROWBALANCES 05-01-24 05-24 171 PAYMENT 1,532.33 765~71 766.62 0.00 253, 013.s-, NEWPRINCIPAL/ESCROWBALANCES 04-01-24 171 PAYMENT 04-24 1,532.33 763. 40 768.93 0.00 253,779.28 NEWPRINCIPAL/ESCROW BALANCES 03-01-24 03-24 171 PAYMENT 1,532.33 761.10 771.23 0.00 254,542.68 NEWPRINCIPAL/ESCROWBALANCES 02-01-24 02-24 171 PAYMENT 1,532.33 758.81 773.52 0.00 255,303.78 NEWPRINCIPAL/ESCROWBALANCES 01-02-24 01-24 171 PAYMENT 01-01-24 1,532.33 756.52 775.81 0.00 256,062.59 NEW PRINCIPAL/ESCROW BALANCES
DLH-009256 .i.:.1· "1':tVfl-r.&. vu u, v, ~v,-z "'. ,v, ,.1. rr, ,:.uJ. rnuc. "' vv.J a:a.A .., 0 .._ v o.£ TYLER·FARRIS CUSTOMERACCOUNTACTIVITY STATEMENT DATE 06/06/24 REQ BY GUO PAGE 2 DWIGHTL HILL LOANNUMBER:1210015809 ACTIVITY FOR PERIOD 05/17/13 - 06/05/24 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTION PRIN. PAID/ ESCROWPAID/ ------------OTHER------------- AMOUNT BALANCE INTEREST BALANCE AMOUNTCODE/DESCRIPTION 12-01-23 12-23 171 PAYMENT 1,532.33 754.24 778.09 0.00 256,819.11 NEWPRINCIPAL/ESCROW BALANCES 11-01-23 11-23 171 PAYMENT 1,532.33 751.97 780.36 0.00 257,573.35 NEWPRINCIPAL/ESCROWBALANCES 10-02-23 10-23 171 PAYMENT 10-01-23 1,532.33 749.71 782.62 0.00 258,325.32 NEWPRINCIPAL/ESCROW BALANCES 09-01-23 09-23 171 PAYMENT 1,532.33 747.45 784.88 0.00 259,075.03 NEW PRINCIPAL/ESCROW BALANCES 08-01-23 08-23 171 PAYMENT 1,532.33 745.20 787.13 0.00 259,822.48 NEWPRINCIPAL/ESCROW BALANCES 07-03-23 07-23 171 PAYMENT 01-01-23 1,532.33 742.95 789.38 0 ..00 260,567.68 NEW PRINCIPAL/ESCROWBALANCES 06-01-23 06-23 171 PAYMENT 1,532.33 740.72 791.61 0.00 261,310.63 NEW PRINCIPAL/ESCROW BALANCES 05-01~23 05-23 171 PAYMENT 1,532.33 738.49 793.84 o.oo 262,051.35 NEWPRINCIPAL/ESCROW BALANCES 04-03-23 04-23 171 PAYMENT 04-01-23 1,532.33 736.26 796.07 0.00 262,789.84 NEWPRINCIPAL/ESCROW BALANCES 03-01-23 03-23 lil PAYMENT 1,532.33 ,34.04 798.29 0.00 263,526 ..10 NEW PRINCIPAL/ESCROW BALANCES 02-01-23 02-23 171 PAYMENT 1,532.33 731.83 800.50 0.00 264,260.14 NEWPRINCIPAL/ESCROW BALANCES 01-03-23 01-23 171 PAYMENT 01-01-23 1,532.33 729.63 802.70 o.oo 264,991.97 NEW PRINCIPAL/ESCROW BALANCES DLH-009257 Cr' .:)'tVW-.t'.L VU U/ U/ L.VL."% t.J • L.V • tC...J. ra·.& C.JJ .l rnuL:. TYLER..-FARRIS CUSTOMERACCOUNTACTIVITY STATEMENT DATE 06/06/24 REQ BY GOO PAGE 3 DWIGHTL HILL LOAN NUMBER! 1210015809 ACTIVITY FOR PERIOD 05/17/13 - 06/05/24 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTIONPRIN. PAID/ ESCROWPAID/ ------------OTHER------------- AMOUNT BALANCE INTEREST BALANCE AMOUNTCODE/DESCRIPTION 12-01-22 12-22 171 PAYMENT 1,532.33 727.43 804.90 o.oo 265,721.60 NEWPRINCIPAL/ESCROWBALANCES 11-01-22 11-22 171 PAYMENT 1,532.33 725.24 807.09 0.00 266,449.03 NEWPRINCIPAL/ESCROW BALANCES 10-03-22 10-22 171 PAYMENT 10-01-22 1,532.33 723.06 809.27 o.oo 267,174.27 NEWPRINCIPAL/ESCROW BALANCES 09-01-22 09-22 171 PAYMENT 1,532.33 720.88 811.45 0 ..00 267,897 ..33 NEWPRINCIPAL/ESCROWBALANCES 08-01-22 08-22 171 PAYMENT 1,532.33 718.71 813.62 o.oo 268,618.21 NEWPRINCIPAL/ESCROW BALANCES 07-01-22 07-22 171 PAYMENT 1,532.33 716.54 815.79 0.00 269,336.92 NEWPRINCIPAL/ESCROW BALANCES 06-01-22 06-22 171 PAYMENT 1,532.33 714.39 817.94 0.00 270,053.46 NEW PRINCIPAL/ESCROW BALANCES 05-02-22 05-22 171 PAYMENT 05-01-22 1,532.33 712.23 820.10 0.00 270,767.85 NEW PRINCIPAL/ESCROW BALANCES 04-01-22 04-22 171 PAYMENT 1,532.33 710.09 822.24 o.oo 271,480.08 NEW PRINCIPAL/ESCROW BALANCES 03-01-22 03-22 171 PAYMENT 1,532.33 707.95 824.38 0.00 272,190.17 NEW PRINCIPAL/ESCROW BALANCES 02-01-22 02-22 111 PAYMENT 1,532.33 705.82 826.51 0.00 272,898.12 NEW PRINCIPAL/ESCROW BALANCES 01-03-22 01-22 171 PAYMENT 01-01-22 1,532.33 703.69 828.64 0.00 273,603.94 NEW PRINCIPAL/ESCROW BALANCES DLH-009258 ,._.,.., ,a.vn .a. .a...,,.. _, u, "-V"-~ tJ • "V, ~.L. t"a•.a .L:.L./.L l"'l"lU&.:. ,J/ VV..J rd.A OC:,.l V~.L :TYLERFARRIS CPK49966) COMPANY: CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 06/06/24 REQ BY GUO PAGE 4 DWIGHTL HILL LOANNUMBER:1210015809 ACTIVITY FOR PERIOD 05/17/13 - 06/05/24 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION TRANSACTIONPRIN. PAID/ ESCROWPAID/ ------------OTHER------------- AMOUNT BALANCE INTEREST BALANCE AMOUNTCODE/DESCRIPTION 12-01-21 12-21 171 PAYMENT 1,532.33 701.57 830.76 o.oo 274,307.63 NEWPRINCIPAL/ESCROW BALANCES 11-01-21 11-21 171 PAYMENT 1,532.33 699.46 832.87 0.00 275,009.20 NEWPRINCIPAL/ESCROW BALANCES 10-08-21 10-21 171 PAYMENT 1,532.33 697.35 834.98 0.00 275,708.66 NEWPRINCIPAL/ESCROW BALANCES 10-01-21 10-21 170 BEGINNINGBALANCES(ESCROW,INTEREST, ETC.) 13,790.97 6,182.43 7,608.54 0.00 276,406.01 NEWPRINCIPAL/ESCROW BALANCES DLH-009259 I Uniform ResidentialL'i' Jan Application 130'1!)1101 P;:ortgago Number Le:;1.tl:.:rC.au Applied for: timcunt Amcr!it!ll:n sJJG. 000. 00 IT)'Jlo: ~RM (typ6}; Lcg::il On;rl~ ot Sub:r....tP,ap:rt'/ (•lt~ch d:n~!ptl;,:, ll' lfOCUUty) YurDuf!t t.o: 12. Block B/ssao, Limiocd Place Pwrouort.oao D Putc:huc C:m:tn.u:Uon Otfli::r(cl'p,I 11~ Pro;ii:rtyw;Ubo: -::---.-.-.,,-=W~.:.;R.:.;'";;;'".:.;'";;;'•;:__....,,,==..:c..:""c:.:'..:.'"':..:'c:.lic.:.;•:..:·"..:";...~..:•..,"'.,.."c..' --------t---------'-'=x=·"-"~"':""t?,.,,.,,ne"- .. -"O='-':"':=,,,~de,n .."r:1;',.,,.'---"o_"'lr.~ Complototh!!: lino if consln.ia1iot1 Yt-J.rUlt Acq:.i'.rtd or con.'itn:clion-permrmentlean. Orfs;!na.tCast Arncunl l:ilcalno U~1n I [u)C~atctlm?J'GlfC.ffl
I S I Comp!a!ethis line ii tnis Is a refinancelasn. Yc:zr Ot19ln,1I Co~\ Arnour.t£d.slir.g Uen; ruq;01c o~Rd ln.:.r~ti Oc;alb<>L-r.provtmcnl:S Orn:.t!o 011:1100,m.:iao At(jwITTlf --::c:':19~9;;;':-::::;o,.':"C'.si':o':-. oi'io'-'::':-:.i'oi-o _____ 1it:ew:!lb.th~ld lnwh:>1111.i,11{,) ,._._,.i~s. ooo. oo Icanh-cut ther Ccut:S w.,-MortriwMUITil!owUI l:::ehcl::I t;s11to~llfbo ho!J kl: "'DWI=G'"H""T=L=HI,..L_L=&'""""H'"M=!!l.,,l!L="L".c:-:-H-:-,I,:,Ll,:,=========------i---'-=-~_.,._x_-r_:.._n_a_e_l'C_R_T _______ --j ~fODS!,,,pt• cnu9es, .::m.1. so11,c• Cf Down 1•ayrnoo1,.Scllli:mc1.-u 1 ::r s~corC:l~!e fl:u1n:ll\O (Op5thl D lc.uchoto Chc:ckir.g/Saving:; , ..~~pn11~11d.1~J Borrower Ill. BORROWERINFCilRMATION Cc-Borro\'/Or Cctre-"w' N1n-.olltu:lut:cJr. otSt,ft1pplk~lc) Co• tn:iwcto N&molln®doJr.or Sr.rrapplJ:.Jblo} DW!CH'i' L HILL M R.I9EL L. HI LL S~c.l~ St:uri!t N..:mber Horne Phe."lti(~J. tre:a cc
,: 6°1? ELSS\' AV£ 4 Gi BLSEY /WE DAt.U'iS, 't'X 7S:!0!1 D ~S. TX 75209 If rosiaL,g nl prcsont eddross lorla.ss lhnn twc ycor:s,complete !he following: form,r Add=• (&uc,~ dt;. :,,:,. %JP) Ocwa □••" 110.Vn. ~ ~ Sortcwer IV. EMPLOYMENTINFORM,\TICN Co-Borrower y,s, c:1lhls Job Ha:n;• A:fdr.iu of l;mployar [}Jsd!Emsllcvcd Yrs. en t:tJ•Joh 'O~fIO!t'l.' Htt.:.. ItJSUR.."\UCC l'.G!?NCY lZ.:C ~ Sycs 0n-.oa OW HT Ht LL INSUWJCS AGENCY ll!C. l:?yr:1 0mo::1 Y;s. enp!oyt:: 4 2 a; ti LOV£R.S LN' Y(f..c:r.i;icy~ si~6 II L-OVERSLM b!til1Unoo: 11"111111 Qn:of llAl,r.AS. TX 7520, ~,l{/pfofculon D uAS# TX '15209 worklprcfuQan 2SyrG Olo'IOD l~~l'.l Omoa Pc~UlorJTJlk/Typc cf Buslnc.;s eur.tr.ua PhUM (Ir.cl. :rait tod111J PAf::SXDet..:T {211} 727· 575.'1 !2l•l 352.740,i INStruN ;. INS"JN'1MC'R . If omployedin curronrpa.sil/onto:Foss!hon Mo yoars orlf c111Ten(ly omplorodin mor tho11 one no~liion. completethe fol/c,•nr.: UAntca.,,d;reu afE.r.lp!o,cr Sol! Empl<'y:,d Datu (frcm-to) H.un & Adc!:u::s~rfrr:~tc,·•= Ds•U' f~:iyoa OAIU 1rrom•IO) N.tffl t. Addrou Cf EmrJoyet Otlos (CrotrWa) St\lE:npk>ycd DLH-009272 V. MON I HLY INCOME AND COMBINED OUSING EXPENSE INFORMATION utOSI 9ottO'f,'¢t t.~n:N IMO.on. 7,592.)7 7,992.375 15 !J84. ;1 noi.: l, 500. 00 l 1,532.JJ Ber..ao, ~00.00 116 .oe 750 .00 716. 91 ~~~e'I Aa•cct:~C..-• r~fl~ ~ •"t-,-,_ Tcftl 7,992.:ns l 5 !)a-1. 7,q Tol~I 2,750.00$ .. Scl!Empfoyod Borrowcr(:s) r:,oy uo rcqutrcU to provide \lddlllonol documoni lfoo such n:s tox returns and financial utotcmonts. Describe Otho, Income Nolica: Allmony, ch lid support, er scparat rr.alntenance Income need not be revealed If the Borrower (BJor Co-Borrowcr{C) does not ell ose !o havo It considered forrepaylng this loan. 8/C Monihly Amour,t VI.ASSETSAN nu::sz~.tcr.dan'J•~~s~r~sw~stl'.afbtc:.mptaadicmCvt,ybotlmv:~cr..sw- ..tat, ~-D~ntltrtUci).leU...i~uuonlb•tryfdC'"Ad,:stlAIU...Sit::.t.:u.~Junbe ::~~tr,~c:z~'t! ..•~-~~~ ~~~! ~~~~i;:~~;~:c_:Utt at• t tf Ott&Co-Q:,t::11,trc, socbJ,"1\JI.Uar.'.;::.t.dtJ:;u •ncn-~~r,IQlll•ot .lllct pets:.n,. Cc,nplt.lcd (fil Jolnlly D Uol J.i,IAuy ~=,:tet IAa,)t~I V4!V~ UcrJt:t-JP,ymeAt£ L ABILITIES lbntln ltft 10Pay .,...,--,----,-----,---,---....J.-----------i"'n11 ar.U&:it:,.en ol Cffl?,lll'/ LJ.Uu~.M,o ~.:J :..a~J: ~: cc:.,.,11 -,---,----,-,-,-,---,,-.,,-,--,----------!sec Co:'\t.inuat o.~ Sheet for :t:r.-.a ~ Kd:C.n cf 9~-,i.,. S&L, 01 Cr,ttt Ul\'on COJ,'.PASS Schedule ot L a.l>1llties Uar.lO ar.d .:.d~tO" of ClmP11V 5,795. 6-\ N:ur.o.irtd;u:ld,us c! S.inll:.StL or t,"21 Uo1cn A«t. no, u~, end :.ddrtui• or om~"V S Po1m•nlJMontlt• A,Cl:!.:IC. t::uu ~,:1J.d:rcn C:~ Sll. or Cre(lt Ur.Ion I.ca.no. Jl1n• SJ\d :i4dltl&S Gr O~p.li\)' s Poym,nLl-.:o, ti\s ric:t.nt\. :t:ma:ind 2d.t1c.i&:al D~r.Jr,S4L, or Croif.t Un1on .:.cct.i,o, r4ame-onll •dd;n, of ~y S P.1)111'\lntJUOJ\thS Sic tin & Cand.c.(Ci:mp.11')'n.,r:n'riurr.t:.c-, ~1.10::rl.ptkml I.if~ tn~ut.uu:1 no~c.1U1v1\1• 0 .00 Subtotal L!quld Asset,; S,79S.64 l, '1)~, 000. O0~-----+---------i Acc.:.::c. S Prµncntl~tf'Jns >:11-wouuot bualncu(o,J ovm:u 0 .00 {alt~~ f.t1a.,c.ll.l£t.1.1a,r-.o:,I) E11r,1nu t htld:cauc, union (luu, clc.J Jon-rtote11ccJ Total r.tonthly Pa mcnts N9t'Wor\l/·• .- ; To1alUabllitioo b. ~27,811.Bl - ·• ____ Total AssclS a. ... l,,Q40.i95.G( nmih°usi) .'•• Pc.g12cd 1,212,973.Sl 1=l 71:5 (fcV. UCf) }~~';i!~f~~~i7,itf,~~~j 0 c ,~rlauG ~,nsnc:ul Colutio.,,~. :~c. J . • I I ll019ll01 ·, • I , • VI.ASSETS ANDLU\BILITIES cont. Schedule of Real Estoto C,•mcd (If addi!l See Continuw.tion Sheet fo:.· s s Schedule of Real Estate o,med iolals 99.071.Sl 1,1lS,0Co.t3 0.00 3,l9J.OO 1.122.l~ 0.00 Llstany additlonal names under\'Jhlch credit hac 1,rovlotmly b.lon rocoiv(ld nn lndi ..... •· !• •'pproprl•lo " , rn amc(•) crod·to ~ (s) : • and account numuer Alternate Nama Creditor Nnme Account Num~er Vil!. DECLARATIONS ff you an wor"Vcs" to any questtons a lhrouch f1 DllttOW'C( G:t-Senv.v-::r b. Altera!ions. l'llpro.,ements. repoitS ploaso u o continu:,tion shaet for tlmele N• you U.6. ditcn7 ~ "10}:)tl pc.~ ....Af:!nU.lt'f:,\aCII\? m. Loon amount 1. Oo yv11 11,nd 10 oc.euftytho propc.n••as your s:rlmaryre~tdcnce? (exclude PMl,MIP,Fcnding Fee financed) JJ6.000.00 lf"'VH,"' m;l.\14q4:t0,toonmb.:I\M, n. PM!, MIP. Funding Fee financed 000D 336,000.00 SIi Sil o. Loan amount (add m & n) SP SP - .l80, 119. ll l.t'"f9?\;9':;iet".er'l Ela\ 0: L'Utcn:'eri!Q.~l'lrt~ It~~ ¥,,'\fO-iC:et oJL~e~ lt s~etrs. ~ck,'".C,.\teen&~ tui:co,~c.r: ~ MsJcn.,. fr\J'/ w:nt, ot ttn4l{ty 'tt.."'I'/r'J(.(ffl.1t.10o W'l~:S U'Ill'Ja ~bn Ct ZSI.De1 ,,,...,if".,Cl"IU~crd~..:t,c:oi'-,a1oth:c \.o=f\ :e:u, 1 1cg:mn:abu1L·..:u,s:~~d'.too.)hln'J~rtl. noa ,oc,::.1111:1"11:flt\:ats ~loncrn cc.1u.--r:.:.r1~-&IQ:.,otncy Oate TI1efc!lowillg informollon Is requastedby the Federal Government for cartnln IYJl"~Of leano rolnled lo Gdwelling in order to monitor the lande(s compliance with equal c;edil opportunity,lalr housing and name mar.gaged1sciosurelaws.Yo are noi requiredlo iuroish !his lnfomrnlion, but ara encouraged lo do so. Tho law provides that a lender may noi disc1imln~leeither on th~ b35is of thls Info alion, or on whether you choose lo furnish ii. If you furnl::h tho infotmatlon, please p1ovidobolh ethnicity &nd race. For rac,,, you may cheo~ morn _thanone designation. If you d_onot futnish ethnk::ty, race..or ~ex. under Federal rcguiatlons, th,s lender Is required to note the Informationon the basis of visual obs1rva!!onand surnama 1fyou have made thisappllcahanin person.If you do nol w!s1110furnish the informa1ian.please che&. !he box belol'I. {Lendermustrevl•w the abovemalarialio assure that the disclosuressatisfy all requlraments to whlth • fo lh0 oi loa a Ii d for i 11,Lh'.P.e n nno l Ut ~ I 1,nrun· s I n 1 F.lhuicilY: Hi!> 11ico in 'Gr.mkllv: Is r.ni 1 atin."'I nau: O ~1:-~~ai~d"" or D A.lion D ~~~'An1eric:u, D N:ltiveHownliru1o: (ID Whit: NntiveHownii~, or ILi Whi:: Qflty P~eifiC Jc ,,,,. I,.., 'fjc t.-:lgotl;r rri1«c»ip?e1cJ ty!M.110r~~mr: l~it::;:~:;~:~:!~ 0 ta•:drpi11;;;11:claarwh.w 0 QyI\; t.;i.~0111 ~ n:J.'IIU11C.,\::y (:.1 et r:u.1I {!) fiyt\::: >~".t 64J ,~i:t:4 o:l!i: l(ttNHI 'ti&(->Jt4.I X '"i:otiibrtglm1ors s1~tu11Urt Oa:e 4/17/2013 Loin Orlgin.,tor'SNnmc {fitinl o: 1y1~) Lonn Oricino:or ltl:miOer Lc:ui O:igi!'lttot8sPhoneNuMber(indudinc LVC4 Cbde) A.lron Cl.4~k 222693 (760) 613-1548 Lo:inOriglMUOUCcmpanysNm1c Lo:,nvriciultion Compn:-iy ldc:11iqcr LoanOriginction Ccmp•ny•,Address Com~~:, Denk I 002936 ! l920 Glade Road, Collcyvlllo T'X 7603d D~\mW.co, 7/Dl(r:,,. "°'l Continuation Sheet/Resid' ntiaf Loan A Jication Use this conUnuallon ..ro-1·•,a",."-•~,;,,;.:,,.;.;.,;,;;;.;;.;;;.;..;.;;;;:,;.:,:.:..:.:;.::.:..:::::::::::..'...,:~1:;_:::::::;.'.:;~- shee! if you~:B"."or need more space 10 comple\elhe DWIGBTL :!IL~ AgenC'J CaseNumber: Resklent:a! Loan Ap?licallon. I Mark B for Sorrower or C for Co-Sorrower: Cc-Cc:rower. ~;Ji;;;;;;;;;;:;-----------1------------+.-~:".'""=---,,.,......,..------- MAP.J'BEL L. Hil.I, Lend~rCaseNumber. I 9~3.\322 OS/lG/2013 SCHSCU'L£ OP L.XMII,. rrcs ANO l?LEIXJRD ASSETS CR.EDITOR'S NJVI.B, ADDRESS ACCT. !IIJl< r:t. HANE NO. PMT'/ 0?-:PAID AND l\CCOU?rr NU:-IBER rr NOT 30 0~1Ra•S NOS L2l'T DAt.Af:Cl! INST;\!.U-tmrt Dfl'DTS $ ?HT/MOS. $ co. STJ\TEFAR.NCU ACCT U 25S22 90300 iJ>DR. OH.8 STATZ t='AAJ,1PLi\2,\ 320. 00 CIT'/ BLOOMINGTON, IL 61110 /24 ill71.00 co. STJ\'i'£1'AA.HCU JICC'!" 0 2ss22 ss1.00 i\Dnn. ONE: STNl'r? ?J\R.~ Pl.l\Zt\ l\CCT NAHi? 191.00 CIT¥ !lLCo.,n:NG'!'ON, IL 61710 IS◄ 101&.-... 00 REVOLVU:G DEBTS Pltl'/HOS. $ co. CAP ONE ACCT Ii SS:?8S 835J19320U AD::m. PO aox 8501s ACCT ?l:'\!'ilE 119.00 C!TY RICltKCND~ VA 2l28S /l5 co. CITr ACCT ii 5<561 00118<6263 MO!l. 70:l S GCTI! ST n I!lS CDV DI3POT ACCT N/\M!? 163. 00 CZ1"l SIOUJ( f:'1\LLS, GD S7104 /n 6027 .oo co. DISCOVEn P!tl ACCT tt 60110 3551115460 J\O!m. P.:> llOXl5316 l\'M' c;.is P:lOO OEVll!.. ltCCT NAME 35.00 CITY ~IW.WGTON, O!! l!H)S0 /5 172. 00 REAL l,ST/\'f& LOA!>S s Pl-IT/MOS. $ CO. l,vt!l-1 LOhN fl 70800 2157073 AllDR. MOO S1'AGF.COACllCIR l1CCT l/A}lll use.oo CITY PREOl?RICK. MO 21101 /37 H427 .00 CO. llK OP l-J1ER LOMJ 20999 70 MOR. '1]Cl Fl&~:om· ~K~Y .\CCT NN-tE 1163.00 crr'f G?U?E'NSllO!tO. t:C 27'1!0 /0• co. CC:·IPJISSDi( !.01'1< It -t'.iSSi 40000'9DGJ6 ACOR. "101 S :i:mn ST ACCT NAM~ 341. 00 CITY BL~lNGH~t, AL 35233 /0• 90967. 65 CO. STATS'Pl\R>!CU LOA.~ ff 25S2l 91900 ADOR. 1 STP.Tl? !'~•I l'!.iiZl\ ACCT t=AHE: JDS.OD CIT'{ OLOO:.tn:c-ro~!. ?'L cil ll.0 /3' 1-1926.CO CO. N/A•Othr:r expcnso!l !o~ .>ropc:-ty nt.: LO/lU # ,\OOR. 103 YUCCA .·.ccr >11,ME ,o. -tl CITY Sl.m.PS!DE !lEACll. TX 17$'11 lfJJo fully-under,tand that 11i$. a Fedora! crfmo punl,h:abfoby !!no or fmprit:aiunontl or ba\h, to kn0win9ly make ony fll!ll,c$tetcmont~oon~crnlngany Cl tna abovefacts as appllcab!eunderthe provisionsof Tille 16. Unlled Slates Code,Sactl~n1001.ot seq. eorrcwe(sSlgna1ure Dote Go-El<>rrowets Sign Dale Continuation Sheet/Resid' ntial Loan A lication Use lhis continuationshe!l If you Bor;owci: A;ency Cose Number. nee
CRED:-ron•s !'Jl'- ...\{E. AOOR£SS /1CCT. }I~ HR, llt"'1E :co. PMT/ UUPA!D ~m i\CCOU?IT UUi◄BER IP t(OT eo, ROWeR's MOS LEPT aA.t..,NCE Rf:;u. &ST/\'7"2 L.OAH!, HIT/MOS. S co. ti/ A-Other expense:, for prop<:rcy at: LOF,11 Q 1.!>011.. 110 l.tESM!'t'ff FU\C£ i..0711\-:?ii. ACCT tll\ME 37. 50 CITY StJnt'Sioe 2!:11.CU, TX 77541 co. :1/A·Other exper.ses for pro;,erty ~t, LOl'.N ~ l\DDR. NSS~IT11 PL>.CB LOTlTOJ ~,ccr NiJ..l£ 7.06. 91 CITY SVUYSrD2 sn;:.c,1, TX ,,s,.1 CO. N/h-0:.hcr cxpcn.aco for ptopcr::y at: ADDlt, lll NESM:T!l DIJ\Cl!/LOT,tlO 137. 23 CITY SlJRl'SIDE BEACH. TX 175-\l co. H/i\-O:.:hc:- e.xpen.scll !o:: prope.r:.y at.: UlAII b i\DDR. ?P-SMITH PW\C'S, LOTS 12 ACCT NAM.£ ~so. o, CITY SORFSIOE BCACH, •rx 7151 l ALit!ONY /CHILD SUPPORT/SEPAAATS :,.1,UITSN;..tlC£ $ Pl<':/1<0S. t.axca tor ilOtUtional ;n:opert.1e 709. 56 6052. 70 'l'OTAL ;.tCh"'l"'HLV 'PM:'H.mrrs 227821.Sl TOT!\L LIJ\J3lLI'r!!:S WJo fully vf\der&rnra.'fihou it ts :ii F'adornl c.rtm111: punfahoblo by nno or in,prl•onmont or both, lo knowtngty 1':"lokoony fol:sa :i1a:cmonl;, conae:0105 cny Of tne 300vo focls •• applieo~!eundorlhe p1ovlsionsof Tille 18, UnitedStntosCode. Sec,11 n 1001,et se • i:,....w:•Lt•c r. .c, tllH u:i.Uoro Xe,ith~n-:.to.l i..c,n ippU~tlcn _ Kf'S s:...&r.dt!d vc,'1cn ° JOU nuU.od flr-,111.C\&l Sohticr.a. :nc 1)04 91l 0l ContinuationSheet/Resid nt/al Loan A lication Usn lhi~ continuationsheet if you Borrower: nee
T'!PS oi;• PR&S£11T AM001'1TOF ,moss T..Y.ES/r.JS t>ROPRnTY/ MM!CET MO ~-rs !-:ORTGACES run-rrr-\.L HOR-:-c.AGll MATh'T t J\DOllESS OP ~RO?ERTY S1"A"i"US• Vl\LUE L ,r f. L.IEtlS H!CO?-!E PAYWlllTS MISC. !NCO!le 16-27 ELS!IY i\VE SPO/ ~20000. co 0 l-40S21.81 o.oo 1n10.oo 0.00 0.00 01\LLAS. TX 15209 !I lOJ YUCCA Other/ 1Gsoov. oo 39 1~ !)26. 00 0 .oo JOS. DO ,o .iJ 0. 00 Stm.FSIOS D~CH, TX 775.t 1 l.18 UESNITH PLACE LOTll1 .. 2A Otnar/ ~5000.00 0. 00 0 .00 0.00 n.so 0.00 SURFS.IDE DEACH. 'l'Y. 77541 !IESM!Tli PLACE: LOTlT03 15000.00 0 0.00 0.00 0.00 ~06. 91 C .00 SUR?S!t:C BRACH, "tX 7?5~ l ll l !ll!SHITH Pl:J,C!:/LOT9/lC Other/ 165000.00 J:1' 1•1-127. 00 o.oo ll96.00 ll7 .23 C. 00 SlmPSIDl? SBACB. TX 7?5~ l NESMITH PLl TOTALS 1135000.00 19987-i .6l 0.00 3J93.00 1122.la 0.00 • tndic4::c~: H ir: Bor:--cwc":."'Jlr-r1m.1ry Residence. s 1f Sold, PS !f Pending Sale, R ll Rental .being held for lncomc. N if Subject ~ropercy not includ~d in debt ratios !i.e. Raf nancc) , • vne;..'!'\ey tac:::or applied Wvc lully understonothat It Is., Federal crime puni,hnb!e by fine or i:nprl~onment er both. to knowingly ma~e any rslse statementsconcerningany of !ho abovefactsas applicable undertheprovisionsoi Tille18,UnitedStatesCode. SccU n 1001,el seQ. Date 1;rt>Otc Mac. Parm G Cl.tat OtfflS1co.: D'TIC5 Un:.to:-z lto:iill!c:r-.c.i~l c.o:.n r.pplia.tton . HPS .!it. ELSBY MORTGAGE PRIOR TO MARRIAGE ($ 78,527) WITH A WATER CLAIM BEING PAID OF$ 83,583.52, MADE PRIOR TO MARRIAGE) A Washlngton COMMITMENfLETTER liiii Mutual ~ •I .._,,.,•l "f1n-r. ')1 c1.;rarr t H::.L r; ..:.:..,\S, TX 1 1.::i:; ~f •·• l'r PH,f.,.'1\ L;.,, ,,. 41 t1 Fl.SB{ ~'..~ ., :, ,_, • •t•ll UI f' ·Lo.an·) 10 tit- u -'f':l t" t• ~ Sr ,,,•,t• ~r.:,.~,ty ,do•,h!..cd ,i:..C .. e, • ,u FA ,t!lit ·e.ar.i. •• f tP...t':a1no,.J"t1 ... ~ c,,, U-& !e·rii, ilt:f-J ~o- ... ••.l:,lh t 10 :tw: 10 "'""' ,1'J Purpou Lo..>~ • l,( n, ~i•Jt> l!J •1 )' ,. ,~.'" 0 p t,f\t' Li] ,1! 1 •~-•n-~t- ,, u,,. s.,. ,.it,I.., Prop..-,iy ., , rt~.&r'li..,tA 1..~c-J hO"Y'-- .ar j •1'1".J • ,rt ,u n •~ ,11"'• \t-.J ~•tot~~ , ),IJI 1'1 •' tr"" Se "'''' Prr,,t'H',t'V a'3Jrru 1: '",. 1. •1, L'!'IO rt -;c, , :4 r., t ''-'t\' ~A!r {~r -.:-..t □ ••tel•• \ .,,.t'c- R•,,. -I per .a~,rn ,.,,,.. !!_ 000' ll•rgn C 000'4 -.; ,• R1.1, ~, Q,, rw:1,-onc,,:-o..~d 11-:,<1~p.ar1~~~ Autop..ay P'.:i,mi. t _ ~ .. ]4 8~ _ !i)Mcmtt-.t, 0fn,hafMonrtvy L.:4" re<" tllr4l e ,: ('?t.·~ ::::l": ~~t satt• ,o locr..-d !or JC: cuyc fro,,, t~c dat or your app! 1cauo.., I! the loan ~s not c:c.si, ,u,.1 :.ind t;-1• th4t d.>t~. 'fO'JC ir1t~r•1t ~•te will be th• Bank's rate tor Loan• o! thls typ, Conduon1 lot• flJ ~., rrHc 1 ~ t1t1 p,o.,,'1,..d u,1.irmattOJl to be veulo•-d or 01her cood1tt0riw 10 be &thaf4d • .nclvdi.ng .-.,~ 1.m,1, won,. ·,•;.~ , •r.J ai;:,,a,,,,, wt~1, e,-,,., 1:utri 1bo.-t! t'J• t,.tlow. mu,1 bo etcep11010 anc 1a1,aft:tory to the SUtia.,•n 111•ol• d,...c, ■t,on lr • Co--n,r11mtnt ,, 1ub1to.:t 10 lf'\e h, o"",,.-2 1e,m1 •"'-' :ol'\0-h.,ll wr.c:h "'"'' be ,at·,t,co puo, to Pf•~••on of dOCumient, t.llC-s>t ~o c,tr~r.-..,,c tf'\d,c1t1d Any rn,t1tr ,oq..,.11"'0 BaM.'1 1p,.,ov, 1 .,. 1lA~t 10 the B.,..., ,oie 011.cret..::;n d you a,c g1>1ngto •p~l1; to rn ...io III m1r1ul.c1utNS nornc con,iiIde1cd rt.•I p,openv LS'ldoIap-ohc&b'e l4w. you m\lll p,Ch·,d• 811\A. 1a1,,l1ttory ~v,:j1nco at l~a,, 10 a.a,s. ru>hca p,,01 to uo, nwU.&t o.e ma"\Jtactuted r\C.:ma "-' btRn o, Y!f,V be ptrmtnetnUy 1tt.c:"6d tu lP'le , •• , 0'0PC:tlf pu,1u1nt tor, .... P,cpet11 Cod• S.:c,,c:n '} 001 . .,.1th o-..CltltftClle of Ut!.e ,v,,noe,~ to lhl Otpart/T .. OI ot r•••, tiau,,r~ •NJ Communih A11•111 ar\iS • cie,1,11,wtr- 01 po,maf'",cr,t 1ttae:Pvnent t.fra ,n the teal p,openy ,,cores, ol the c.ounlv ..--htte tt-a propafff ,1 toc•tod ~I ACCEPTAB:.! COLW.TlRAI. ~PRO",>-!., ll PZ:E;?T OF n.oco KA2ARD OETtRHlM.;l'J'.O!: TO rnn.u:>E LIF! or LOAJJ TRAClt!NC 1 Pl!CEI?T OP A 11:lRTGA!il!E'S TlTLl! !l:SUP»IC! PO!..!C'I', Willl ~N S~l!Ct.U EXOORSD'ZN'?'S IO!ICll n!E B.A!IY. ~.;.y REOUI u, HISURWG 'll!I! 8M'Y.' 5 Sf CURI TY !NSTRL'NEtrr AS J.. VAL:D LIP!J: A.GA:ss-: TI!! S!C1111ITI YOUR lh'Tl!IUS1' RAT!! ll!LL Rl!FLfCT I,, 125\ REDUCTION !I' YOU HAVE ClfOSEII TO ?AATICIP:.TI! IN TIii IIAIIK'S Alfl'O~AY PROOl!»I Alr.OPAY :s A SERV!Cl! n!AT AUl'O(AT!CALLY WI'nCRAlfS nnos PRGM YOOR OIPOSIT ACCOUNT TO l".AT..£YOUR !.CAil PAYl'IDIT !,. IP TIU IU1'TlNO SUR!V'Y IS OLDER TIIJ.H 7 YUJIS, A n?!W SVRVIY WILL II! ORDIR.IO POR 5H~ Y!l!S TO TIU IIORROW?.lt ' IIORROlll!A TO PU A COPY OP TW! UT.I oi,i ltXISTINO FlRST L:S>I HOIITOA:l! TO l~4•l!tl•H11 7 1.1 DAY COLLll;Q OFF rrn1:.:1, !.!,7) J <;;;,y R!CH:- Ot ~.1:s:::ss101; Afl'!.H.S \)J LCNlff Numbor: 00l87Ul09 ~~~ lnlUIOMO: All lnsurancamust be in tc,m and i111uodby c~mpanlo11acceptableto tho 8w naming Sank u lost poyee. ift 11 aeceptabla to \ho Bank. U we odvtaeYoU thot the Socurnv Propeny ia located tn O fedofelly deeiona1edFlood Hazard a,ca ; p011t1on FroodH1101dlnauus~ce 1.11roqulrod. You wiU bo rCQUiredto provldo tho Bri with 8 policy o, polic:i.t or 1 """°"'° qainst fito and •astendo4 coverage pctd1 In on amount which ts 11 lotlal equal to tho topllccmont cc11 of tho Soc:unty P,openy or 1hoLoan Amount, ~htc:hOVIIIJ' 11 IOH, II \ho Security P1oper1ycncludoa D m1uwf11ct~rcdhomo, tho cabovofiro and o~tendcdcovorogopolicy mldt bo undo, o m4nuf.oe1urod homo polley• Vou may provide tho ,oqwact propertyIMurmco tlvauohuktfnopoScla. or you may purc:haethe recprcdfnsurance waudi my lnavnsnoo company CU1horiitd to tr--..cl buslnet• fn Tous that r. reuDl'lably IOClplable to Balle. Advau Chanea In FlnandafConddon: Lender tetet'\11'1 tho right to vorify and reverify !nfonnalton 1ubmiltcd cfurin9 Iha loon p,ocoos. Lander shall ha~e tho right 10 rescind lhat Commitment with no further cbliptJan to mako tho loan: c1t In 1ho ovonl of a ma1orial change in vourcn:dil or financial condition prier to tho expiration of tho Commitment; 12Jin tho ovont of a matoriol change 4111he votuo, lien poaltlcn, o, condition of tho Socu,ity Property prior to lhe oxpitotion of this cOtnmitmont; Cll In the e,,,ent Lendordircovon cvidonco Df mitrepraontaticn er emission of material foct in connection with you, fDan appticatJOner any a,pect of tho cantempfalcd tronsoc:liOrt:or. t4, to shit eX1ont pe,mittod by low. in the event of minlInoriat. c:lorleal. 01 cabaauon oner m 1ho p,ocoHing or undorwriting of your lo11nroqunt or iHU&ngany commitment or In tho ovont of o mi1quoto in your pricing pac:kogo. Nohvhhstand"'i anything to tho contrarv In any e4mmitmcnt. c:ondit10MIcpp,ovol. « othorwtao which may bo IHued by Lande,. thowl your finAnclol 1nautu1ionrot"'n your ctwck for ony foo rolatod horo10.including witnout t1mi1.1nsutfu:lent funds. payment stoHed. ot oc:countdosad. Lendor shaUhovo tho right. at ii• discroticn. to dony tho Loon. romovo the lnte11estrate ?ockm1dto ,usue cny otnet remedy Available at law, equity. Ot othorwitet. A11lpmcrnt: Thi• Comrmtmont is mado aolcJy t<>the obovOn11tnod 8onoworts1 end may not b6 aHigncd and thaD tonninato in tho ovont of on ot\ornpt by you to u11;n 1t too third party. No third parties are entitled to rol'( on this Commitmelftl. D~t• tetmt endcondl1JGns and Closlftt:All dOc:urnent•and terms not tpec:sflOdhln!n sh411bD lha Bllllk'1 11.ll'ldatd for CIIloon of this typo And muat bO aatistoctory to BaN. Tho Loan wiD bo do1od by tho Bank o, olhar aon.lctnent egen1acceptablo to tho Sonlr,. Eaplraclon: Tho Bank ahall hovo no obkgatiOft~ this CommitfflCnt and oll faa proviously colleclod wcl2be MfflOdunlal aB 1M obOvementioned condctiOMhave been 1otisfled. enfull, DDrequited doeumertll •IGMd and whele apjlt0pria10. fded a, rocon:Sedprtar to 30 days ltom tho deto ol thit lomtr t•ExpsratiOnDato•). If this Loan Is e&lbjoctto thD Woo clay rtahl to rac:ind undot tho FDdctal TMh In Lending Ac,. 1hothroe daya must exp1roboforo tho Expi,otlon Ooto in Ofdcrto allow timo lo, fundinQand rcco,ding. AdditioMI C*: Vou mldt poy H ap:plicoblooll lawtully pennit1ed casts and other charget lncurrod in camocaon wrUI tho Loan in:lud1ng. but not 11M1tedto, title tnauranco prOMiums, app,oi,ol. lnlpaction flood IOMc:hlftd vuctinO, AUamoy fooa. fllCOldina. fifing. oihcr iJOVGrnmantal end lcndat fee•• b&aodon Lcndol'• too policy oppficebloat tht tltno of tNt commiUMn1. aulljoct 10 logal limds. Sy Dato FREDROOMIAHl 01/09/2002 NOTICE:THIS WRITTENLOAN AGREEMENTR£PRES£M'STHE FINAL AGREEMENTOF THE PARTIESANO. TO THE EXTENT PERMITTED av EVlOENCEOF PRIOR.CONTEMPORANEOUS. 8V \.AW, MAY NOT BE CONTRADICTED OR SUBSEQUENT OAAL AGREEMENTS OF THEPARTIES.THEREARENO UNWRITTENORAi.AGREEMENTSBETWiENTHEPARTIES. DWIGHT L HlLlt BORROWBR COPY GOOD FAITH ESTIMATEOF BORROWER'SSETTLEMENTCOSTS (FOR CONSUMERLENDING) OOJ8 743109 C,• • ~TJ.Tf D4llAS, TX 7~109 occ ...•A-1-:1 ''l"tf" IU.'I 'I""' .,,_,_ ..... 0&.J•a..u.t, □ c,-..,, ...:H:,,r.,-~•.-, ,..,... .;..f\.•ftr.f @o-M• &il'O' • 16),.,,c O.- 1'0 •••\tllo" V!"'"XI l!} A...;TOll.t.1 fr.rt 11 en Htme\1 or n.o,t of lht th•Qit• -you wli h...,. 10 Jt•l •t the doeng 1•••1demen1·1 of y0411 loaf\ r~ r.gwet ahO.,_fl •• ettwnetn ana rti•1•te11 at• ,..it>,ec:tto cha-.,g.e. The a,1.-n1tt1 .,. ,omp-ut•d on • •••• P"c.•'■ttfflated ~Mf• of tl• 0£)() ;,j:j Mid a ptopo,.-d LO,er\ ot 12§00000 -- ,,. -- GOODft.lTH ESTlW1E Of SETT.EMWT COSTS•• teqv,ed by fod••• l•,.. Th• numbe,t., 1«11 ,olumn co,rnl><>"d to the'"'•-~•°" IN NUO l S,t-uemtnt $tatetnent ~'tuch w1'; tA uled .., c.on,unct.on Mth tt'la tfi)l"'O of vour loan. '°' tuon.u ,&p111n.a1,onof theta c.h•Ot• conis.utt vou, r.,ooa11t .nttU.d '"Stt1lo:i'\1n1 Co111 and Y0u. • HUD Gude fOf Hom1bUytt1 •• 801 Loan Orog•,a11on f&.1 LOANotAIIGtS 901 ln10, .. 1 (1 day Pll!PAl> ISCIIOW CtlJUIGfS ,g '12 I .. I QOOO ,1 15 day, .. 8()3 App111ul fee • POC ,1n w 903 Huord In, 1ti Yr PTem BOSln,p~c1oon fee 90.C Flood lntur•""• 1101 Setllement or Cl0>1r>g Fco 905 Wind lnaur1nc< 110!, Su1>ord1nat10n Foe l 108 Title lr'llurarv.f\ 11ESERVES DEPOSITED WITH LENDER I l~en.1er·1 Co>1cuagr1 POC 11 17~ 0C qc,etvt.~ 1o 1117 Sa!> E,e,c,w Fee Bo Colloct~ ' I TOT AL PREPAID ITEMS .. The actual amouru w• bl '1e1•nlf\.d bv ~h day cf the mi:.in1h I ~ Jo&."\ac:tua::ty c.fa,u i Ad,v11men11 fc, r•el u-..1• 1u•• tllf'ftae.hndude p,cwac.i tu•• - .. ~ «;< ~•A •rn CLOSlhG COSiS \7%00 .-.J1 ~~ Pa~ Outc.,d• ~, C~u'"IQ s, ml'I lu1. r- :a.,~• mati.N POC Tt-o.e cou\4 1~eun1 tel toan cost, P...:, t7"ta.,._'"' connecuon w,u, • "No eo.1· '. "' It ~ It, ,,.., f. 'l '( ti f: lt''"l'hH l- .,e,:a•J lf•'lll~At C"' oma, ·.otll ~•.d by""· bonow•r OUllda OI Defoe• CJoll"\CJ,.-UltJam-u. Any .uc.h ~·-- "· r • t ~ 1,.4 ... attJ 'l'\I y\..;t Total [at ~•t•d Ck,aang Ccah NOIIC[ THIS fDRM OOES NOT cove~ ..,L ITEMS YOU MAl BE RlOUIRlD TO PAY AT SfTTUMEKT YDV MU WISH 10 INO\/IIIE 4S TO THE AMOUNTS Of !>UCH OTHER ITlMS THIS IORM IS Nfl1H£R A TRUTH IN lfNOING OISCLOSUIU STATEMENTNOR A COMMITMlNT10 EXHNO flN,ltlCJNG ESTIMA HD FUNDS TD ClDS~PROCHDS I ES T'U.V.TED t,40"11Hl'• Pr,t"l(;1yal & ln1c1e,1 lDAII & PES[R'✓[ p,. YWEPH 111•,2 (Y'; e Purr.h.ne Pru:,: or Eius.tino L,,.,n, {lo L<: p~1~ olll '7B2lZQQ I Ren1t~tatc- l o•c, H.au•j 1, ,u•;Jt\C~ s s Flus Plu~ T01a1 Clo~,n,g Co•tt Prt1~1d lltms IZ2~l:!2 Q•tic, $ !. $ 10TAL t.uJo• les1, LOJ.n Amouo\ Dc,-0•111 -~ •. r ------ ,~,. ~l~" t.,.tf,cr s I 0m Leu 01he, F,n.aoc•"Q (1uh RcQutcd I.> (l f rtt,1 bJJ' ,.o fhf ~'• .... ,"p•H, •.• .... ,"'-,r. ,.,. .... Wil 00 1..""' orea D\ an ~.,,, ... ltc;m Lend•' ,1 COttlJ(Yf~~, ,.,, fr• ,.,..g• 11 •:,0 00 10 ,,. •• ...,..G-Y'\~ ,.r ... 1.,J ,.,, 1.n• llOJ •' .r,nc,c '•l'""'Cl'""I ,rL,.~ ,jo
~ • . "'l -0•1•-nal• , w' '•• ,,Jot.'! AOi;)f\£:>S 1, t.• - THfl'WONf· 16281966-0616 lll'!TA c011,01u,T1CH 1123 5 PAR• Vl[W OR COVINA, CA 91124 ~C\Ah\it,.,t1!Pl ti) •.,,f5i C '") t,A i\JAf: Of Rf.LA llOUSttlP T""41 S..M ~• ,..,..1-edly u-.d o, ,.....,_. borrow~• to~- I .. ~ ol one of lNM p10'-'ld•r• •flh&n ll'wl Lui 12 month• I r-,t'•' ,.o ~t,4 UA\"l AO:>kl~S --- ltlfP> -• , •V"> •.• tt-4 wuo 1..-,, t C' twaJI c,t\ \J .. ,u,..-,, li,IKJJ,.._ U¥\t":tl,ll'I .,,., •• , ••U "" 1"'41 l'W'P• ,j! lrt tt-.e C.fU ~ fu, .. NC.h ~ N'fl ,I .&'"I ad,.,1f1bf• UI• l'Tl0tl~IV,. lhl ~Md t~Jel TLu' lflCfU-' Kh,-al ,.1. 1 11"11t,le ,,. .... .,,,.," ~"".De .-..ub6:ah.d le, ~ ..,.\-,.I -3fU\lrn.t'\l ~ bu.cf Ur\ r .:u ••In"..-~ ... ~- ;:.•.,.;Je,d ~h.-f"'I ,., If'•''-• t ··•t• ~•lllwnttll PrO<■dUf .. 44:1Of 1!1'/1. u .-r.-vJed 11-U~· Al ~-l,ol\a,1 -,h,:jl'n-◄1~ (;a,\ t... lt,r,.t1(j 11"1i, ... ,. o,I .. ~ ....... It'll m,,"'..,, ,., .-.f'l'J, I\.• be r-1.1,'1t..: IU '"" tr, fOVI ~w / , :/ BORROWER COPY ·- Fire loss Details Losses Paid causeof loss: AmountPaid Subrogated Amount Water Damageor Freezing• Building 72,750.56 0.00 Water Damageor Freezing- Personal 1,009.00 0.00 Property AdditionalLivingExpenses- Time 9,823.96 736.00 Element Total 736.00 From:Dwight Hill Sent Tuesday,March-28,2023 8:05 AM To: Maribel Hill 1 DLH-004539 06-09-2019 43-9534- No WIND/HAILBLDG CLOSED 0.00 Fm) 09-13-2015 43-746N- Yes MYST/DISAPPEAR .CLOSED 3,525.00 928 01-19-2001 43-8787- Yes WAT/OMG/FRZBO CLOSED 83,583.52 251 From:Maribel Hill Good morning Dwight, I need the claims history and file history of my property 4647 ElsbyAve., Dallas,TX75209 since its inception being insured with State Farm.This includesyou as agent, since 1998. I was a client with state farm under my old married name, Maribel Haasas well... and this home was included in that under another agent. Thankyou. Peace, Maribel Hill c: 214-727-57S4 www .maribelhill.com 2 DLH-004540 EXHIBITF FUQUA REPORT VALUING BUSINESS AT $ 728,000 AS OF 2022 FARMER, FUQUA & HUFF P.C. \t c, 111nt.InI, .,ncl ( , ,11,11/t.1111, .•• , <,·•u I ..,,, '.1 I' .' I ; I - I ~• l -~ I t ,I "'' 1,-,.1, ...-,,l ~ ) f 'l : ,1-: :1, 1- DWIGHT HILL INSURANCEAGENCY INC. FAIR MARKETVALUATION ANALYSISOF 100% INTERESTIN DWIGHT HILL INSURANCEAGENCYINC. AS OF DECEMBER31, 2022 The services performed in connection with this engagement do not constitute an audit, review, or compilation of the Company's historical financial statements in accordance with auditing standards generally accepted in the United States of America, nor do they constitute an examination of prospective financial statements in accordance with standards established by the American Institute of Certified Public Accountants. The services also do not address the effectiveness of internal controls over financial reporting under Section 404 of the Sarbanes-Oxley Act. Also, except for ascertaining that certain information in tabulations and reports received from the Company agreed with the accounting records, we performed no procedures to evaluate the reliability or completeness of the information obtained. Accordingly, we express no opinion or any form of assurance on the historical or prospective financial statements, management representations or other data from the Company included in, or underlying, the accompanying information. While we believe the information obtained is substantially responsive to our requests and analyses, we are not in a position to assess its sufficiency for your purposes. EXHIBIT P-26 DLH.SF-002855 FARMER,FUQUA & HUFF P.C. \( ( l/f/11/,1/)/, ,P/J(/ ( (lfl,(llt,111/• '. t , I nt I ,1,·. ',1 ·, • t I 'I~ ,- " I !,, I rl• ,, 1 ,,,.1, -;, • I '1 I 1-; ::1 ,- Dwight Hill Insurance Agency Inc. Valuation Analysis as of 31 st December 2022 Conclusion of Value l=Considered & Used Indicated 2=Considered & Rejected Valuation Indication by Method Value Weight 3=Not Considered & Rejected Book Value Method 0 0% 2 Considered & Rejected Capitalization of Earnings Method 728,000 100% 1 Considered & Used Market Data Method - Bizcomps 748,600 0% 2 Considered & Rejected Subtotal 728,000 Personal Goodwill Discount 80.00% Calculated Conclusion of Equity Value 145,600 SELECTEDCONCLUSIONOF EQUITY VALUE 145,600 DLH.SF-002856 FARMER,FUQUA & HUFF P.C. \1 ( IJl//l/,l/1/, .111(/ ( 1111,11//,111/, : l,' 'f"I\I I., •,, I J 'I : ;- 'I I : ,I ul\nl\ ~,-,.l.. ·ltl:' l '1 : ,1- • : 1• Historic Income Statements Year Year Year Year Ending Ending Ending Ending December December December December 31,2019 31,2020 31,2021 31,2022 Revenues ServiceSales 331,790 329,888 335,274 371474 Total Revenues 331,790 329,888 335,274 371474 Operating Expenses Advertising 15,801 5,347 5,318 13,977 Automobiles 15,952 9,080 21,065 22,843 BankCharges 426 350 292 225 EmployeeBenefits 19,933 21,110 26,122 21,268 Insurance 10,584 11,072 10,002 14,418 Legaland professional 1,665 1,751 1,818 2,130 Depreciation 32,425 19,290 66,215 925 Office Expense 1,735 1,320 6,512 Rent 14,109 14,383 15,962 16,370 Repairs& Maintenance 3,646 1,917 1,489 3,209 Officers' Compensation 77,867 95,062 76,335 73,724 Salariesand Wages 8,460 8,464 5,333 10,088 Utilities 970 1,608 625 3,279 Taxesand Licenses 99 8,408 8,280 3,339 Pension,profit-sharing,etc., plans 400 CustomerResponseCenter 1,137 1,137 1,135 1,134 Duesand Subscriptions 536 615 140 849 Meals 5,414 4,642 7,282 7,049 Petty Cash 3,558 2,500 Postage 86 171 34 399 Security 50 266 Supplies 9,848 7,939 7,864 16,880 Telephone 5,070 3,916 5,339 3,986 Training and Education 7,816 4,833 3,412 1,541 Travel 458 2,436 1,637 1,570 Payroll 1,673 3,316 BusinessExpense 270 Total OperatingExpenses 237,995 227 401 274,150 222,789 Operating Profit 93 795 102,487 61,124 148,685 Other Income/(Expense) Other Income 14 952 19 535 2 Total Other Income/(Expense) 14952 0 19 535 0 Net Income/(Loss) 108,747 102,487 80,659 148,685 DLH.SF-002857 FARMER,FUQUA & HUFF P.C. \( ( l/fl/1/.1/J/, ,/11(/ ( ll/1'1///,111/• '· • , 1 ,,: I '·I''• ,,. •t 1 1 'IJ: 1- .t , ,!111 !f'HI ;, ... 1,•~,tt/) ~ '1 I 1- : :~4 t,- Adjusted Income Statements Year Year Year Year Ending Ending Ending Ending December December December December 31,2019 31,2020 31,2021 31,2022 Revenues ServiceSales 331,790 329,888 335 274 371 474 Total Revenues 331,790 329,888 335,274 371 474 Operating Expenses Advertising 15,801 5,347 5,318 13,977 Automobiles 8,540 8,540 8,540 8,540 BankCharges 426 350 292 225 EmployeeBenefits 10,000 10,000 10,000 10,000 Insurance 10,584 11,072 10,002 14,418 Legaland professional 1,665 1,751 1,818 2,130 Depreciation 7,000 7,000 7,000 7,000 Office Expense 1,735 1,320 6,512 Rent 14,109 14,383 15,962 16,370 Repairs& Maintenance 1,000 1,000 1,000 1,000 Officers'Compensation 0 0 0 0 Salariesand Wages 107,650 107,650 107,650 107,650 Utilities 970 1,608 625 3,279 Taxesand Licenses 99 8,408 8,280 3,339 Pension,profit-sharing,etc., plans 0 CustomerResponseCenter 1,137 1,137 1,135 1,134 Duesand Subscriptions 536 615 140 849 Meals 5,414 4,642 7,282 7,049 Petty Cash 0 0 Postage 86 171 34 399 Security 0 0 Supplies 9,848 7,939 7,864 16,880 Telephone 5,070 3,916 5,339 3,986 Trainingand Education 7,816 4,833 3,412 1,541 Travel 458 2,436 1,637 1,570 Payroll 0 0 BusinessExpense 0 Total OperatingExpenses 209 944 204,118 209,842 221,336 Operating Profit 121,846 125,770 125,432 150,138 Other Income/(Expense) Other Income 0 0 Total Other Income/(Expense) 0 0 0 0 3 Income Before Taxes 121,846 125 770 125,432 150,138 IncomeTaxes 0 0 0 0 DLH.SF-002858 Net Income/(Loss) 121,846 125 770 125,432 150,138 FARMER,FUQUA & HUFF P.C. \c C lll/lll,1/l/, .,ncl ( r,11,11//.1111, •..:; , , ,.r,r I ·,p\ '-., •·• \ ( I' 'I ' 1-1. 1 l .:{111,,,,1,,,11 1,-,.,.. --;n .t> I > I : 1-: :.:1111- Common Size Adjusted Income Statements Year Year Year Year Ending Ending Ending Ending December December December December 31,2019 31,2020 31,2021 31,2022 Revenues ServiceSales 100.00% 100.00% 100.00% 100.00% Total Revenues 100.00% 100.00% 100.00% 100.00% Operating Expenses Advertising 4.76% 1.62% 1.59% 3.76% Automobiles 2.57% 2.59% 2.55% 2.30% BankCharges 0.13% 0.11% 0.09% 0.06% EmployeeBenefits 3.01% 3.03% 2.98% 2.69% Insurance 3.19% 3.36% 2.98% 3.88% Legaland professional 0.50% 0.53% 0.54% 0.57% Depreciation 2.11% 2.12% 2.09% 1.88% Office Expense 0.52% 0.40% 1.94% Rent 4.25% 4.36% 4.76% 4.41% Repairs& Maintenance 0.30% 0.30% 0.30% 0.27% Officers' Compensation 0.00% 0.00% 0.00% 0.00% Salariesand Wages 32.45% 32.63% 32.11% 28.98% Utilities 0.29% 0.49% 0.19% 0.88% Taxes and Licenses 0.03% 2.55% 2.47% 0.90% Pension,profit-sharing,etc., plans 0.00% CustomerResponseCenter 0.34% 0.34% 0.34% 0.31% Duesand Subscriptions 0.16% 0.19% 0.04% 0.23% Meals 1.63% 1.41% 2.17% 1.90% Petty Cash 0.00% 0.00% Postage 0.03% 0.05% 0.01% 0.11% Security 0.00% 0.00% Supplies 2.97% 2.41% 2.35% 4.54% Telephone 1.53% 1.19% 1.59% 1.07% Training and Education 2.36% 1.47% 1.02% 0.41% Travel 0.14% 0.74% 0.49% 0.42% Payroll 0.00% 0.00% BusinessExpense 0.00% Total OperatingExpenses 63.28% 61.87% 62.59% 59.58% Operating Profit 36.72% 38.13% 37.41% 40.42% Otherlncome/(Expense) Other Income 0.00% 0.00% Total Other Income/(Expense) 0.00% 0.00% 0.00% 0.00% Income Before Taxes 36.72% 38.13% 37.41% 40.42% 4 IncomeTaxes 0.00% 0.00% 0.00% 0.00% Net Income/(Loss) 36.72% 38.13% 37.41% 40.42% DLH.SF-002859 FARMER, FUQUA & HUFF P.C. I Capitalization of Earnings Benefit Stream Year Year Year Year Ending Ending Ending Ending December December December December 31, 2019 31, 2020 31, 2021 31, 2022 Adjusted Pretax Income 121,846 125,770 125,432 150,138 Add Depreciation/Amortization and Other Non-Cash Expenses 7 000 7 000 7 000 7 000 Total 128,846 132,770 132,432 157,138 Weight 2 3 4 5 Ongoing Earning Power 140,816 Less Ongoing Depreciation/Amortization 7,000 Taxable Base 133,816 Less Estimated State Income Taxes - Effective Rate: 0.00% Before Federal Taxes 133,816 Less Federal Taxes 0 Subtotal 133,816 Depreciation/ Amortization 7 000 Adjust for Working Capital Requirements Adjust for Capital Expenditure Requirements -7,000 Adjust for Long Term Debt Requirements Calculated Ongoing Benefit Stream 133,816 SELECTEDONGOING BENEFIT STREAM 133,800 DLH.SF-002860 FARMER,FUQUA & HUFF P.C. \c <,n111t.111/, .,ml ( on,11/t.1111, ,.; JI' ( .-n, l I ,r .. ..,, 0 1 ( I 'I 4 1-\ ~• 1~••I ,,,J... .,n ",-,.1.. -;11 .r) • '1 : ,- : :,{1 ,- Capitalization of Earnings - Capitalization Rate BUILDUP CAPITALIZATION RATE Risk-Free Rate of Return 4.14% Equity Risk Premium 7.17% Small Stock Risk Premium 10.99% Plus/Minus Industry Risk Premium -2.37% Company Specific Premium 2.00% Net Cash Flow Discount Rate 21.93% Discount Rate 21.93% Sustainable Growth 3.00% Capitalization Rate To Apply To Next Year Stream 18.93% Selected Rate 18.93% DLH.SF-002861 FARMER,FUQUA & HUFF P.C. \c < 111111/,1111, .ual ( 1111,11/t,1111, •.; f 1' ( l·llt f •.fl\ ',1 't ( J l 1-t ,- 'I ~" I 1ul• ,,, l,-,.,L. ...1,1 ,) I I l I 1-; l't 11- Capitalization of Earnings Indicated Value Selected Ongoing Benefit Stream 133,800 SustainableGrowth Rate 3.00% Benefit Stream 137,814 Capitalization Rate 18.93% Indicated Equity Value 728,019 SELECTEDEQUITYVALUE 728,000 DLH.SF-002862 FARMER,FUQUA & HUFF P.C. \( ( 01//J/,IIJ/, ,/11(/ ( (1fl,llft,111/• : S , ( ,·nr. I ,t" ',i.r', 'I, 1-1. 1 ,l a,1 I ,,to..ofl ;,., ........ ., ,,, '1 I 1-: :,t, 11- -· Comparable Transactions Method - Blzcomps Selected Transaction ID SIC NAICS BuslncH DHcrtpUon Reven!MI SOE Ice/ Reven Price/ SOE State Sale oat·• 07874 6411 524210 HealthInsurance 510 210 340 0.67 1.62 FL 1/31/2016 07841 6411 524210 InsuranceAdministrator 263 263 378 1.44 1.44 FL !>'1/2017 07913 6411 524210 InsuranceAcrnlnlstralor 259 134 400 1.54 2.99 FL 3/1612012 07885 6411 524210 InsuranceAaencv 325 125 285 0.88 2.28 FL 5/31/2015 07890 6411 524210 lnsl.l'anceAaencv 450 220 1040 2.31 4.73 FL 12/31/2014 07899 6411 524210 lnsLranceAoencv 558 281 960 1.72 3.42 CA 81612013 07838 6411 524210 Insurance Aaencv 200 70 480 2.40 6.86 FL 9/30/2017 07831 6411 524210 lns1.Kance Aaencv 597 268 1 350 2.26 5.04 GA 5/30/2018 07823 6411 524210 lnsll'anceAaencv 447 179 1 033 2.31 5.n FL 11/29/2018 07824 6411 524210 lnsll'anceAoencv 447 226 1 033 2.31 4.57 FL 10/31/2018 07826 6411 524210 InsuranceAaencv 332 72 565 1.70 7.85 VT 9/14/2018 07875 6411 524210 InsuranceAoencv 365 91 380 1.04 4.18 FL 1/31/2016 07876 6411 524210 lnsll'anceAaencv 778 453 1 300 1.67 2.87 FL 1/15/2016 07870 6411 524210 InsuranceAaencv 283 69 410 1.45 5.94 PA 3131/2016 07873 6411 524210 lnsll'anceAaencv 413 97 475 1.15 4.90 FL 2/612016 07851 6411 524210 lnsl.l'anceAoencv 234 117 550 2.35 4.70 FL 4/30/2017 07853 6411 524210 lnsl.J'anceAoencv 202 101 440 2.18 4.36 FL 3/31/2017 07854 6411 524210 Inst.raneeAoencv 265 105 585 2.21 5.57 FL 2/28/2017 07855 6411 524210 lnsl.lanceAaencv 302 197 585 1.94 2.97 FL 2/28/2017 07864 6411 524210 InsuranceAaencv 687 93 280 0.41 3.01 TX 7/18/2016 07877 6411 524210 InsuranceAaencv-Auto 365 91 380 1.04 4.18 FL 1/8/2016 07882 6411 524210 InsuranceAaencv-Auto 307 200 7:50 2.11 3.68 FL 10'1/2010 07881 6411 524210 InsuranceBroker 347 205 755 2.18 3.68 FL 10/31/2015 07840 6411 524210 lnsl.l'anceGeneral 245 70 484 1.98 6.91 FL 9/11/2017 07867 6411 524210 Inst.raneeGeneral 218 66 400 1.83 6.06 FL 6/26/2016 07856 6411 524210 InsuranceGeneral 424 268 780 1.84 2.91 FL 2/22/2017 07822 6411 524210 Insl.l'anceGeneral 447 179 800 1.79 4.47 FL 11/29/2018 07891 6411 524210 lnsl.l'anceGeneral 339 159 635 1.87 3.99 FL 10/31/2014 07915 6411 524210 lnsixanceGeneral 428 304 525 1.23 1.73 FL 2/13/2012 07868 6411 524210 Insurance-Adminlstrator 558 93 380 0.68 4.09 FL 6113/2016 07858 6411 524210 lnsurance-Au1o 226 172 450 1.99 2.62 FL 12/1/2016 07819 6411 524210 lnsurance-Aulo 575 320 700 1.22 2.19 FL 1/30/2019 07820 6411 524210 Insurance-General 667 417 2000 3.00 4.80 FL 12/13/2018 07821 6411 524210 Insurance-General 447 226 1 033 2.31 4.57 FL 11/29/2018 07816 6411 524210 Insurance-General 377 209 610 1.62 2.92 FL 7/1/2019 07828 6411 524210 lnsurance---General 224 69 300 1.34 4.35 FL 7/26/2018 07825 6411 524210 Insurance-General 690 460 2 070 3.00 4.50 FL 9/28/2018 07832 6411 524210 Insurance-General 227 130 450 1.98 3.46 FL 511/2018 07835 6411 524210 Insurance-General 280 188 150 0.54 0.80 FL 1/17/2018 07837 6411 524210 Insurance-General 229 92 410 1.79 4.46 FL 11n12011 07839 6411 524210 Insurance-General 375 205 1220 3.25 5.95 FL 9/29/2017 07842 6411 524210 Insurance-General 265 65 133 0.50 2.05 FL 8/31/2017 07846 6411 524210 Insurance-General 424 144 800 1.89 5.56 FL 6/26/2017 07859 6411 524210 Insurance-General 797 160 1200 1.51 7.50 FL 11/30/2016 07865 6411 524210 Insurance-General 584 53 400 068 7.55 FL 6/30/2016 07866 6411 524210 lnsurance--General 584 53 400 0.68 7.55 FL 6/30/2016 07871 6411 524210 Insurance-General 274 115 250 0.91 2.17 FL 2/29/2016 07872 6411 524210 Insurance-General 273 115 250 0.92 2.17 FL 2/29/2016 07916 6411 524210 lnsurance--General 360 198 375 1.04 1.89 FL 1/5/2012 14223 6411 524210 Insurance.General 660 426 2170 3.29 5.09 FL 2/9/2021 14279 6411 524210 Insurance-General 217 147 470 2.17 3.20 FL 1/14/2021 14351 6411 524210 lnsurance--General 221 114 220 1.00 1.93 FL 614/2021 14902 6411 524210 Insurance-General 468 226 1226 2.62 5.42 FL 9/28/2021 14903 6411 524210 Insurance-General 226 156 324 1.43 2.08 AZ. 7/15/2021 14904 6411 524210 lnsurance--GeneraJ 420 245 475 1.13 1.94 FL 6/30/2021 8 07896 6411 524210 Insurance-General 208 137 60 0.29 0.44 FL 12/2/2013 07897 6411 524210 Insurance-General 329 157 700 2.13 4.46 FL 11/1/2013 07906 6411 524210 Insurance-General 362 59 375 1.04 6.36 FL 10/31/2012 DLH.SF-002863 07907 6411 524210 Insurance-General 275 149 300 1.09 2.01 FL 9/19/2012 FARMER,FUQUA & HUFF P.C. \c c ncmt.101, .,ml< u11,11//,1111, .: 11' ( ·nl 11'-f"• ',1 ~, ( I '14 1-1,1 } ~14 t .,,1 ...,,, i,-,.,...-)0,tl' I I l I 1-; /11 11- BIZCOMPS Indicated Value Revenue SOE Multiple Multiple Base 346,600 140,800 Multiple 2.23 5.23 Subtotal 772,918 736,384 Weight 1 2 Additions: Cash 0 Accounts Receivable 0 Inventory 0 Real Estate 0 Other Current 0 Net Intangible 0 Other Non-Current 0 Subtractions: Accounts Payable 0 ShortTenn Notes Payable 0 Current Portion of LT Debt 0 Other Current Liabilites 0 LongTerm Debt 0 Other Non-CurrentLiabilites 0 Excess/Non-OperatingAssets 0 Indicated Equity Value 748,562 SELECTED EQUITYVALUE 748,600 DLH.SF-002864 FARMER, FUQUA & HUFF P.C. .,ncl < 1111,11ft,1111, \1 t n,1111.1111, Fif ·..:'I" l (•I'll, 1,11\ ',1 ·, ~~••I Jrdi..,tp 1,•,.1, -;,1., > "t '14 1-\. I • 'I l ;- '~• o- ri Personal Goodwill Calculation Importance Importance Weighted Weighted Factor Score Weight Entity Component % Personal Component % Total Entity% Personal% Operations 1.0 6.7% Systems and Processes 100% 0% 100% 6.7% 0.0% Trade name and marketing assets 1.0 6.7% Business name 0% Personal business name 100% 100% 0.0% 6.7% Location & Facilities 0.0 0.0% Business location(s) 0% 0% 0% 0% 0% Protective & Required contracts 0.0 0.0% Franchise, license, territory, payor, vendor, 0% 0% 0% 0% 0% etc. Intellectual Property 1.0 6.7% Business IP 100% Personal IP 0% 100% 6.7% 0.0% Reputation 2.0 13.3% Business reputation 25% Personal reputation 75% 100% 3.3% 10.0% Contract & recurring revenues 1.0 6.7% Customer contracts, customer relationships 51% Personal customer relationships 49% 100% 3.4% 3.3% Workforce 0.0 0.0% Workforce 0% Work habits 0% 0% 0% 0% Business development 3.0 20% Salespersons and company marketing efforts 0% Personal referrals and marketing 100% 100% 0.0% 20% efforts Employment agreements 3.0 20% Presence of agreements 0% Absence of agreements 100% 100% 0.0% 20% Skills & abilities 3.0 20% Other employee's skills abilities 0% Personal skills abilities 100% 100% 0.0% 20% Total 15.0 100.0% 20% 80% DLH.SF-002865 FARMER,FUQUA & HUFF P.C. \( ( '111111,//1/, ,Ille/ ( 1111,uft,111/, '-:' '- C f•J'U f ,t•\ '•l t J( 1 "1--f ,- \ if l ~:1,t ,d\.• '" 1,.,.," -~,• .'l I '1 I 1-: /11 11· Valuation Assumptions Dwight Hill Insurance Agency Inc. is a Property and Casualty Insurance Agency. Since Property and Casualty Insurance Agencies are typically more profitable than other Insurance Agencies in general, the Valuator selected the 65 th Percentile transaction multiple from the selected comparable transactions. 2. The Valuator opines that 80% of the success of Dwight Hill Insurance Agency Inc. is attributable to Mr. Dwight Hill's skills, abilities, and reputation. In this light, the Valuator selected an 80% Personal Goodwill Discount in the Valuation of Dwight Hill Insurance Agency, Inc. DLH.SF-002866 EXHIBITG RESTORE AGREEMENT - COMMUNITY JOINT VENTURE - --·•--· ------- - ·•• -·-- --·--------- ------- •• -·--·--- 1- 7 -/ 7 ----....-, ---·-··----. -- • ----- =.:,..1· 7=2·=;;;:i.--7~_- .9_"'--=•- --· I - - ________ ____ ...... ,..., ____ ._,,_;..._.......-1 "l ·--· ···-·-·-------·- ---------- w EXHIBITH · DHIA ARTICLES OF INCORPORATION • FILED In the Office of the Secretaryof State of Texag ARTICLES OF INCORPORATION OF 18 2002 MAR DWIGHT HILL INSURANCE INC. AGf::NCY, Section Corporations ARTICLE I ~ The name of the corporation is Dwight Hill Insurance Agency, Inc. ARTICLE II DURATION The period of duration is perpetual. ARTICLE III PURPOSE The purpose for which the corporation is organized is the transaction of any and all lawful business for which corporations may be .incorporated under the Texas Business Corporation Act. ARTICLE:IV CAPITA.L STRUCTURE The aggregate number of shares which the corporation shall have authority to issue is ONE MILLION (1,000,000) of the par value of ONE CENT ($.01) each. ARTICLE V COMMENCEMENT OF BUSINESS The corporation will not commence business until it has received for the issuance of its shares consideration of the value of ONE THOUSANDDOLLARS($1,000), consisting of money, labor done or property actually received. ARTICLE VI BOARD Of DIRECTORS The number of directors ccnstituting the initial.ooard ofl .t. . · · ·. I directors of the corporation is one (1), and the name and adtiress• • of the person who is to serve as director until the first annual EXHIBIT DLH-000095 w 1r Produced 11.30.2022 • ... . . meeting of the shareholders or until his successor is elected and qualified is: Mr. Dwight L. Hill 10222 Midway Road Dallas, Texas 75229 ARTICLEVII REGISTERED OFFICE1\NP .AGEN:f The street address of the corporation's initial registered office is 10222 Midway Road, Dallas, Texas 75229, and the name of its initial registered agent is Dwight L. Hill. ARTICLE VIII INCORPORATQRS The name and address of the incorporator is: Mr. Dwight L. Hill 10222 Midway Rd. Dallas, Texas 75229 DATED: March 8, 2002. ~},/411 ght L. Hill DLH-00009& Produced 11.30.2022 EXHIBIT I Note showing Respondent as Vice President of DHIA . . . 1LoanApplication .• , Un1fonnRes1dent1a . •· .. . •... ,.-~- lr-••, - c.,.,,..1 •• ..-1 ,.,.. 1,.__ 1.J.:>1,111,...,u_.,.!• ......• - .. •MIi•• -.1•-•• .. I t.. : .. 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M4{1NC)(TX) ,l tl -'-1-3 STATEFARMAGENT'SAGREEMENT State Fann Mutual AutomobileInsurance Company,State Fann Life InsuranceCompany, State Farm Fire and Casualty Company, and State Fann General Insurance Company,collectivelyreferred to in this Agreementas 11State Farm/ or "the Companies,11 insurancecorporationsorganizedand existingunderthe lawsof the Stateoflllinois,withtheirprincipalofficeslocatedat Bloomington,Illinois,and StateFann CountyMutualInsuranceCompanyofTexas, an insurancecorporationorganizedand existing under the laws of the State of Texas with its principal office located at Dallas, Texas, appoint DWIGHTHILL INSURANCE AGENCY,INC.,a corporationorganizedand existingunderthe lawsof the Stateof Texas,withitsofficelocatedat, Texasreferredto in this Agreementas ,.theAgent,"to representthe Companiesin Texas, while properly licensedso to act, in accordancewith the provisionsof this Agreement. The chief executiveofficerof the Agent shall be the President. Scheduleof PaymentsFormsAS4, CMS2,FS3,OS2,HSS,LLS1,LSSa,and LS8 applicableto the respectivecompanyas indicated,heretoattached,constitutea part of this Agreement.This Agreementis to becomeeffectiveAugust I, 2002, and shall continueuntil tenninatedas hereinprovided. officersand licensedsalesrepresentativeswillalso be invited PREAMBLE to attend meetings conducted by the Companies for the purpose of introducingnew products, ideas, services and The purposeof this Agreementis to reduceto writingthe procedures,promotingsales,andprovideassistance,·guidance, objectives,obligations,and responsibilitiesessentialto the and consultationto better enable the Agent to cany out the relationshipbetween the Corporate Agen~ its officers and provisionsof this Agreement. employees,and State Farm. It is to our mutual interestto satisfactorilyserve the insuring public, to comply with all The Companiesand the Agentexpectthatbyenteringinto applicablelaws,to increasebusinesscommensuratewith the this Agreement,and by the full and faithfulobservanceand availablepotential,and to maintainthe Companies'operations perfonnanceof the obligationsand responsibilitieshereinset on a profitablebasis in orderto assurethe necessaryfinancial forth,a mutuaJlysatisfactoryrelationshipwill be established strengthto protectthe policyholders'interest. and maintained. Insuranceis a closelyregulatedbusiness.TheCompanies To these ends, the Companies, the Agent and the and the agents must deal equitablywith policyholdersas to Presidentagree that: rates and claims, be trustworthyin handling money, avoid false advertisingand unfair practices,and refrain from any action that would result in violation, by State Fann or any SECTION I - MUTUALCONDITIONS AND DUTIES agent, of any applicablelaw or regulation. A. The Agentwill solicitapplicationsfor insurance,coJlect The Companiesdo not seek and will not assert control initial premiums, membership fees and charges, over the Agent'sofficersor licensedsales representatives,but countersignand deliver policies, reinstate and transfer expect them to exercise their own judgment as to the time, insurance, assist policyholders and cooperate with place, and manner of soliciting insurance, servicing adjustersin reportingand handlingclaims,avoidconflicts policyholders,and otherwisecarrying out the provisionsof of interest,and cooperatewith and advancethe interests this Agreement. of the Companies,their agents,and the policyholders. State Fann will make available to the Agent the B. The Officers and licensed sales representativesof the experienceand technicalknowledgeacquiredand developed Agenthavefull controlovertheirdailyactivities,withthe over the years in respect with sellingyunderwriting,and right to exerciseindependentjudgmentas to time, place, servicinginsurance. The Companieswill designatespecific and manner of soliciting insurance, servicing employeesof the Companiesto guide and advisethe Agent's policyholders,and otherwisecarryingout the provisions officers and licensed sales representatives. The Agent's of this Agreement. policyholder resides within a 25-mile radius of th8\_ C. State Fann will furnish the Agent, without charge, Agent's principal place of business and within a state in • m8Jluals, fonns, records, and such other materials and which the Agent is duly licensed, except that the supplies as the Companies may deem advisable to Companies may, after prior written notice to the Agent, provide. All such property furnished by the Companies transfer any automobile policy to the account of another shall remain the property of the Companies. In addition, State Farm agent when the policyholder makes a bona the Companies will offer at the Agent's expense such fide request in writing. The Agent will respect the rights additional materials and supplies as the Companies feel and interests of other agents in policies credited to their may be helpful to the Agent. accounts by refraining from raiding or otherwise diverting policies ftom their accounts to the Agent's D. . Infonnation regarding names, addresses, and ages of account. policyholders of the Companies; the description and location of insured property; and expiration or renewal I. AUmoneys collected on behalf of the Companiesshall be dates of State Fann policies acquired or coming into the held in trust by the Agent as the absolute property of the Agent's possession during the effective period of this Companies, and the Agent will be responsible for these Agreement, or any prior agreement, except infonnation moneys until they are safely transmitted to the and records of policyholders insured by the Companies Companies. The Agent agrees to maintain in a bank or pursuant to any governmental or inSllranceindustry plan similar financial institution, a premium fund account, or facility, are trade secrets wholly owned by the which the Companies may audit at any time, in which the Companies. All forms and other materials; whether Agent will promptly deposit all cash collected for furnished by State Fann or purchased by the Agent, upon premiums, membership fees, and charges. The Agent which this information is recorded shall be the sole and further agrees to transmit promptly to the Companies the exclusive property of the Companies. moneys so deposited, through checks drawn upon this premium fund account, along with all insurance ~- The expense of any office, including rental, furniture,and applications received and all checks collected on behalf ,: . equipment; signs; supplies not furnished by the of the Companies. Companies; the salaries of the Agent's employees; telegraph; telephone; postage; advertising; and all other J. Any amount (exclusive of premiums due on policies charges or expense incurred by the Agent in the issued to the Agent and the President) at any time owing performance of this Agreement shall be incurred by the by the Agent to any of the Companies, their subsidiaries Agent at the Agent's discretion and paid by the Agent and affiliates, shall be a first lien on any payment due or We anticipate that in the location or relocation of the thereafter becoming due the Agent under any of the Agent's office there will be no undue infringement on the provisions of this Agreement, and the Companies are established office location of any other agent. The Agent authorized to deduct such indebtedness from any such will not establish any office in addition to the Agent's payment due or thereafter becoming due to the Agent principal office without the prior written approval of the from any of the Companies. Companies. K. If any application is rejected or any policy is surrendered F. The Companies will advertise, provide promotional or cancelled, in whole or in part, for any reason, before materials, and participate in the cost of the Agent's the expiration of the policy period, or if any premium is advertisements in accordance with policies determined reduced or any overpayment made to the Agent, the from time to time by the Companies. The Agent will not compensation paid to the Agent on the amount returned use any advertisements referring to or identifying the or credited to the policyholder or the amount overpaid to Companies in any way without the prior written approval the Agent shall be charged to the Agent and shall of the Companies. constitute an indebtedness of the Agent to the Companies. G. The Agent shall provide at least one licensed sales L. The Companies retain the right to prescribe all policy representative whose principal occupation will be the fonns and provisions; premiums, fees, and charges for fulfillment of the Agent's obligations established by this insurance; and rules governing the binding, acceptance, Agreement. The fulfillment of the Agreement shall be renewal, rejection, or cancetJation of risks, and the Agent's principal business and neither the Agent nor adjustment and payment of losses. any licensed sales representative employed by the Agent will directly or indirectly write or service insurante for M. The Agent will not represent itself as having any powers any other Company, other than a State Fann subsidiaryor except those authorized by this Agreement,and subject to affiliate or through any governmental or insurance any applicable law. Without limiting the foregoing, the industry plan or facility, or for any agent or broker, Agent shall not have authority to extend the time of extept in accordance with the terms of any written payment of any premium, or to alter, waive, or forfeit any consent the Companies may give the Agent. of the Companies' rights, requirements, or conditions in any policy of insurance, or otherwise obligate the H. The Companies will leave in the Agent's account all Companies in any way except as stated in this Agreement automobile policies credited thereto so long as the or expressly authorized under the rules and regulationsof / the Companiesor as otherwiseauthorizedin writingby insurance coverage competitive with the insurance the Companies. coverages sold by the Companies. In the event the "period of one year" conflicts with any statutory provision,such period shall be the period pennitted by SECTION11-COMPENSATION statute. A. Each Companywill make paymentsto the Agent as set forth in the applicableScheduleof Payments. SECTIONIV - TERMINATIONPAYMENTS B. As additional compensation,State Fann will maintain A. In the event this Agreementis terminated,the respective insuranceupon the life of the President,payableto the Companieswill, subject to the conditions set forth in beneficiary selected by the Agent, so long as this subparagraphA·S and paragraphB of this section, pay Agreementhas not been terminatedand the Presidenthas the Agent, less any deductions for commissioncharge not attainedage 65; provided,however,that in no event backs,the followingterminationpayments: will suchinsurancebe maintainedin forceduringa period commencingthirty-onedaysafterthe Presidenthas begun 1. STATE FARM MUTUAL AUTOMOBILE active duty as a member of the military, naval, or air INSURANCECOMPANYwill pay; forces of any country or internationalorganizationand ending with terminationof such duty. The amount of (a) For the first twelve (12) months followingthe insuranceduring any calendaryear shaJIbe equalto the date of terminationthe lesser of the amounts Agent'sgrosscompensationreceivedfromtheCompanies computedin ( l) and (2): • in the precedingcalendaryear,exclusiveof compensation based on policies issuedby the Companiespursuantto ( 1} twenty percent (20%) of the service any governmentalor insurance industry plan, pool or compensation on "personally produced" facility, or $10,000,whicheveris the greater, but in no policies by the licensed sales event shall such insurancebe more than $50,000. representative(s)designatedby the Agent pursuantto SectionVLA(3),earned under C. EachCompanyreservesthe rightto fix and determinethe the Scheduleof PaymentsFor Other Than amount,extent, and conditionsof any bonuses,awards, HealthInsurancePoliciesin the twelve(12) prizes,and allowances. precedingmonths,Q.rtwentypercent(20%) of the servicecompensationon "personally produced"policies creditedto the Agent's SECTIONIll - TERMINATIONOF AGREEMENT account, as of the date of termination, which remain in force in the same state A. The Agentor State Farmhave the right to tenninate this during the first twelve ( 12) months Agreementby written notice delivered to the other or following the date of termination, mailed to the other's last known address. The date of whicheveris greater,or tenninationshallbe the date specifiedin the notice,but in the eventno date is specified,the dateof terminationshall (2) thirty percent (30%) of the service be the date of delivery if the notice is mailed. Either compensation on "personally produced 11 party can acceleratethe date of the tenninationspecified policies creditedto the Agent'saccountas by the other by giving written notice of terminationin of the date of termination,which remainin accordancewith this paragraph. force in the same state during the first twelve (12) months followingthe date of B. Afterterminationof thisAgreement,theAgentagreesnot termination. to act or represent itself in any way as an agent or representativeof the Companies. In the event thirty percent(30%)of the service compensationas specifiedin (2) is Jessthan the C. Withinten days after the terminationof this Agreement, greater amountof the servicecompensationas all propenybelongingto the Companiesshallbereturned computed in ()) and if the number of such or made available for return to the Companiesor their "personallyproduced" policies in force at the authori1.edrepresentative. end of the firsttwelve( 12)monthsfollowingthe date of terminationis equal to or greater than D. For a period of one year followingterminationof this seventy-fivepercent(75%)of thenumberof the Agreement,neither the Agent, the President,nor any of "personallyproduced"policiesin force at date the licensedsalesrepresentatives,willeitherpersonallyor of termination, the Agent will be paid the through any other person, agency, or organization(a) amountprovidedfor in (1). induceor adviseany StateFann policyholdercreditedto the Agent'saccount at the date of tennination to lapse, (b) For the first twelve (12) months followingthe surrender,or cancelany StateFarminsurancecoverageor date of terminationthe lesser of the amounts (b) solicit any such policyholder to purchase any computedin (1) and (2): (1) twenty percent (20%) of the service compensation the Agent earned on health (d) For each of the succeeding forty-eight (48) months the Agent will be paid an amount equal ' insurance policies under the Schedule of to one-twelfth (I/12th) of the total amount Payments For Health Insurance Policies in payable in the first twelve ( 12) months after the twelve (12) preceding months, .Q! termination. twenty percent (20%) of the service compensation on health insurance policies 2. STATE FARM FIRE AND CASUALTY credited to the Agent's account at date of COMPANY, STATE FARM GENERAL tennination which remain in the same state INSURANCE COMPANY and STATE FARM and in force during the first twelve months COUNTY MUTUALINSURANCECOMPANYOF following the date of tennination, except TEXAS each will pay: those policies which became available in the same state for assignment to an agent as (a) For the first twelve (12) months following date a result of the tennination of an agreement of tennination the lesser of the amounts between the Company and an agent, or as a computed in (1) and (2): result of an agreement between an agent and the Companies pursuant to the (I) twenty percent (20%) of the commissions applicable paragraph of Section IV of a the Agent was paid on "personally State Fann Agent's Agreement, on which produced" policies by the licensed sales one year has not elapsed since date of representative(s) designated by th~ Agent tennination; whichever is greater, Qr pursuantto Section VI.A(3), for those lines of insurance classified by the Companies in (2) two percent (2%) of the second and paragraphs 1-A, Band C of the applicable subsequent policy years net premium Schedule of Payments, in the twelve (12) ·'. collections received and recorded in the preceding months, m: twenty percent (20%) twelve (12) months following date of of the commissions on such ..personally tennination on health insurance policies produced" renewal premiums, which would which remain in the same state, credited to have been paid under the applicable the Agent's account as of the date of Schedule of Payments, if this Agreement tennination, except those policies which had not been tenninated, in the twelve (12) became available in the same state for months following the date of terminationon assignment to an agent as a result of the such "personally produced11 policies, which termination of an agreement between the remain in the same state, for those lines of Company and an agent, or as a result of an insurance designated above and credited to agreement between an agent and the the Agent's account as of the date of Companies pursuant to the applicable tennination; whichever is greater, or paragraph of Section IV of a State Fann Agent's Agreement, on which one year has (2) thirty percent (30%) of the commissions on not elapsed since date of termination. such 11personally produced" renewal premiums which would have been paid In the event two percent (2%) of the net under the applicable Schedule of Payments, premium collections as specified in (2) is Jess if this Agreement had not been tenninated, than the greater amount of the service in the twelve (12) months following the compensation as computed in (1) and if the date of tennination on those "personaJly number of policies in force at the end of the first produced11 policies designated in (1) and twelve ( 12) months following the date of credited to the Agent's account as of the tennination is equal to or greater than seventy- date of termination. five percent (75%) of the number of policies in force at date of termination, the Agent will be lo the event thirty percent (30%) of the paid the amount computed in (1 ). commissions as computed in (2) is less than the greater amount computed in (1) and if the (c) The payments provided for in (a) and (b) shall number of such designated "personally be made in estimated monthly installmentsequal produced11 policies in force at the end of the first to twenty percent (20%) of the service twelve (12) months following date of compensation earned in the twelfth ( 12th) t~nnination is equal to or greater than seventy- preceding month subject to appropriate five percent {75%) of the number of such adjustments following a detennination of the net designated "personally produced" policies in premium collections as specified in {a)(2) and force at date of tennination, the Agent wiJI be (b)(2) and the number of policies in force, where paid the amount provided for in (I). applicable. ~ .. ;e,-/'•A,.'l'i..• ...... \ . , (b) The payments provided for in (a) shaJI be made • (c) On Flexible Premium Retirement policies in the in estimated monthly installments equal to Agent's account on which the Agent is eligible twenty percent (20%) of the commissions paid for servicing compensation at the time of on the designated "personallyproduced0 policies tennination of this Agreement, an amount equal in the twelfth (12th) preceding month subject to to three-fourths of one percent (3/4 of 1%) of an appropriate adjustments following a average monthly premium of the policies shall detennination of the commissions specified in be paid in monthly installments for each of the (a)(2) and the number of such "personally ,... sixty (60) months after tennination of this produced" policies in force, where applicable. Agreement, except that no amount shall be paid on those policies made available for assignment (c) For each of the succeeding forty-eight (48) by the tennination of an agreement between the months the Agent will be paid an amount equal Company and an agent or by a release of to one-twelfth (1112th) of the total amount policies pursuant to the applicable paragraph of payable in the first twelve (12) months after Section JV of a State Fann Agent's Agre~ment tennination. The average monthly premium of a policy shall be calculated by dividing the total premium paid 3. STATE FARM LIFE INSURANCE COMPANY on the policy by the number of full months will pay on business written before January 1, 1982: elapsing between its Policy Date and tennination of this Agreement. (a) An amount equal to the same compensation, for the second and subsequent policy years as would 5. GOVERNMENTALOR INSURANCEINDUSTRY have been due and payable to the Agent for the PLAN OR FACILITY. All policies, premium first five years following the date of tennination collections and compensation the Agent receives on all State Fann life policies personally written thereon, issued by the Companies pursuant to any by the licensed sales representative designated governmental or insurance industry plan or facility, by the Agent pursuant to Section VI.A(3), or shall be excluded from the calculations and assigned to the Agent by the Company for provisions for tennination payments. compensation, under the tenns of the applicable Schedule of Payments attached hereto, if this 6. CESSATION OF BUSINESS. ln the event the Agreement had not been tenninated. respective Company discontinues doing business in the state in which the agent is licensed as a (b) The payments provided for in (a) shall be made representative of the Company, that Company agrees in monthly installments for each of the sixty to pay the agent the following payments in lieu of the (60) months which would have been due and tennination payments provided for in this section and payable to the Agent for that month if this Section V of this Agreement, subject to the mutuaJ Agreement had not been tenninated. conditions herein set forth: 4. STATE FARM LIFE INSURANCE COMPANY (a) For the first twelve (12) months following the wilJ pay on business written during the existence of date of tennination STATE FARM MUTUAL this Agreement and on or after January I, 1982: AUTOMOBILEINSURANCECOMPANY will pay the amount computed in A· 1 based on your (a) On life policies personally written by the earnings under the applicable Schedule of licensed sales representative designated by the Payments in the twelve (12) preceding months Agent pursuant to Section VI.A(3), an amount as provided for in A-1-(aXJ) and A-1-(bXI). equal to the writing compensation, for the second and subsequent policy years as would (b) For the first twelve (12) months following the have been due and payable to the Agent under date of tennination STATE FARM FIRE AND the tenns of the applicable Schedule of CASUALTY COMPANY, STATE FARM Payments attached hereto if the Agreement had GENERAL INSURANCE COMPANYt and not been tenninated. STATE FARM COUNTY MUTIJAL INSURANCE COMPANY OF TEXAS will pay (b) On life policies in the Agent's account on which the amount computed in A-2 based on the two percent (2%) servicing compensation is commissions you were paid under the applicable being paid to the Agent at the time of Schedule of Payments in the twelve (12) tennination of this Agreement, an amount equal preceding months as provided for in A-2-(a)( l ). to one and one-half percent (l 112%)of one- (c) For each of the succeeding forty-eight (48) twelfth (1/12) of the annuaJized premium of the months you will be paid by that Company an policies shall be paid in monthly installmentsfor amount equal to one-twelfth ( 1112th) of the each of the sixty (60) months after termination amount payable in the first twelve (12) months of this Agreement after tennination. DLIMIOOI09 (d) The foregoing payments are to be made only on (2) the President was a licensed agent for th'\ your written acceptance of a tennination date to ~: Companies, or a licensed sales representative of the be determined by the applicable Company. Agent, for a combined period of twenty (20) years or more, either under this Agreement or accumulatively (e) In the event of your written acceptance as under any prior State Fann Agent's Agreement provided for in (d) the app)icable Company (Form AA) or Local Agent's Appoinbnent (Form agrees to transfer to you all its rights and LA); and ownership in the property set forth in paragraph D of Section 1 of this Agreement. (3) the President had ten (JO) years of combined continuous service as a licensed agent for the 8.. Payments under paragraph A above shall be as follows: Companies, or a licensed sales representative of the Agent, immediately preceding the date this 1. If within ten (JO) days following the date of Agreement is terminated; termination, all property belonging to the respective Companies has been returned or made available for the respective Companies will pay the Agent monthly return to that Company or its authorized payments beginning on the last day of the 61st month representative the Agent shall qualify for the first following termination and continuing until the last day of two (2) monthly installments from that Company as the month in which the death of the President occurs, provided in paragraph A. either 2. If the Agent has qualified for payments by the if the President is 65 years of age or older at respective Companies under subparagraph B-1, and termination of this Agreement, an amount equal to so long as the Agent, the President, and the licensed the following, sales representative, have not, for a period of twelve (12) months following tennination of this or Agreement, either personally or through any other person, agency or organization. solicited or sold, if the President is 62, 63, or 64 years of age at either at renewal time or otherwise, to that tennination of this Agreement, a lesser amount based Company's policyholders, which were credited to the on the following adjusted by an actuarial equivalent Agent's account at the time of termination, any factor based upon the President's age at termination insurance coverage competitive with the insurance of this Agreement: coverages sold by that Company, the Agent shall qualify for the remaining monthly installments from l. STATE FARM MUTUAL AUTOMOBILE that Company as provided in paragraph A. INSURANCE COMPANY will pay an amount equal to the monthly payment by this Company as C. ln the event the Agent and the Company enter into a provided for in subparagraph A-1-(a) of Section IV. written agreement, without the complete termination of this Agreement, to release at one time from the Agent's 2. STATE FARM FIRE AND CASUALTY account for reassignment to other agents, at least twenty- COMPANY, STATE FARM GENERAL five percent (25%) or five hundred (500), whichever rNSURANCE COMPANY and STATE FARM number is Jess, of the automobile insurance policies COUNTYMUTIJAL INSURANCECOMPANY OF credited to the Agent's account, and in addition al] other TEXAS will pay amounts equal to the following: State Fann policies held by policy-holders and members of the households of such policyholders whose (a) That portion of the monthly payments by these automobile insurance policies are reassigned, the Companies as provided for in subparagraph A-2 Companies with respect to the policies so released, will of Section IV based on ''personal lines of pay the Agent the tennination payments in accordance insurance" so classified by the Companies in the with the provisions of paragraphs A and B, as those applicable Schedule of Payments; and provisions may be applicable to each of the Companies. (b) 50% of that portion of the monthly payments by SECTIONV • EXTENDEDTERMINATION these Companies as provided for in PAYMENTS subparagraph A-2 of Section IV based on the "commercial lines of insurance" so classified by A. In the event the Agreement is terminated, and the Agent the Companies in the applicable Schedule of qualified for the termination payments set forth in Section Payments. Provided, however, that these IV-B-1 and 2, and at the time of tennination of this payments on such 11commercial Jines of Agreement: insurance" shall be calculated on only the first $5,000.00 of net premium collections received ( J) the President of the Agent is 62 years of age or by the Companies on any one risk or policy. older; and ·,I . I. . . ,I • .r 3. STATE FARM LIFE INSURANCE COMPANY will pay an amount equal to the monthly payment by ' C. Each Company shaU be bound by all the terms of this this Company as provided for in subparagraphs A-4- Agreement, except that the separate Schedule of (b) and (c) of Section IV. Payments hereto attached, and those other provisions where the express language or context indicates that they are applicable to the individual Companies only; and the SECTIONV1- GENERALPROVISIONS rights and duties of the Agent with respect to each Company shall be governed accordingly. A. This Agreement has been entered into by the Companies with the Agent in reliance upon the representations and D. The President in his individual capacity shall be bound agreements that: only by the tenns of this Agreement that specifically refer to the President. (1) The following person(s) substantially participate(s) in the ownership of the Agent: E. All payments for tennination which otherwise might have become available to the Agent under the tenns of prior PERCENTAGE OF agreements with any of the Companies are hereby waived NAME ADDRESS INTEREST by the Agent. Dwight L. Hill 10222 Midway Rd. 100 F. This Agreement shaU supersede all prior agreements Dallas, TX 75229-6231 between the parties hereto, written or otherwise, and it shall constitute the sole and entire Agreement between the (2) The President of the Agent, having full managerial parties, and no change, 'alteration, or modification of the authority and responsibility for the operating terms of this Agreement may be made except by management of the Agent as provided for by its by- agreement in writing signed by a Regional Vice President laws, shall be a person acceptable to the Companies. or an Agency Vice President of the Companies and The Agent will advise the Companies, in writing, at accepted by the Agent. least fony-five (4S) days prior to the appointment of such President of the identities and qualifications of all candidates being considered for appointment as President. The Companies will be deemed to have approved those candidates with respect to which they have not notified the Agent of their unacceptability within thirty (30) days after receipt of the Agent's advice that the candidates are being considered for appointment. (3) The person or persons designated by the Agent as licensed sales representative(s) of the Agent shall be acceptable to the Companies. The Agent will advise the Companies, in writing, at leasefony-five (45) days prior to appointment of a licensed sales representative of the identities and qualifications of all candidates being considered for appointment as licensed sales representative(s). Unless the Companies, within thirty (30) days after receipt of such advice, notify the Agent that a candidate is unacceptable to the Companies, the Companies will be deemed to have approved such candidates. AU notices of the identities and qualifications of candidates for the position of President or licensed saJes representative shall be sent to a Regional Vice President or Agency Vice President. B. Since each party is relying upon the other or others to carry out the provisions of this Agreement, neither the Agreement nor any interest thereunder can be sold, assigned, or pledged; and no right in any sum due or to become due to the Agent hereunder can be sold, assigned, or pledged without the prior written consent of the Companies. Cl~11 i IN WITNESSWHEREOF,the parties havecausedthis Agreementto be executedin triplicateon their behalfs. '· --1 DWIGHTHILL INSURANCEAGENCY,INC. By:___ ~-ift-N-',-iden-t ~ 2----•-M--i.-- ZL-' 2. /41!1' DwightL. &ually STATEFARMMUTUALAUTOMOBILEINSURANCECOMPANY STATE FARMLIFE INSURANCECOMPANY STATE FARMFIRE AND CASUALTY COMPANY STATE FARMGENERALINSURANCECOMPANY _ ~ . STATEFA COUNTYMUTUALINSURANCECOMPANYOF TEXAS ~~ A By:_~~---+1----A_u_th_o_riz ...ed,_;,_It~ep...:re~s-en..;..ta..;.t1-·v~,-,:;-- ce President of gency KRIST\ROTH oS 2002 1->:UG (Rev. l/1/81) Pl'inttd In U.S.A. •.. : ' . .- • MEMORANDUMOF AGREEMENT (STATEFARMAGENT'SAGREEMENT- CORP.FORMAA4) MEMORANDUMOF AGREEMENTby and betweenSTATEFARMMUTUALAUTOMOBILEINSURANCE COMPANY,STATE FARMFIREANDCASUALTY COMPANY,STATE FARMLIFEINSURANCECOMPANY, STATE FARM GENERALINSURANCECOMPANY,and STATE FARM COUNTY MUTUALINSURANCE COMPANYOF TEXAS,hereinafterreferredto as the "Companies",and DWIGHTHILL INSURANCEAGENCY, INC., and DwightL. Hill, individually,hereinafterreferred to as the "Agent". WHEREAS,the Companiesenteredinto an agreementwith DwightL. Hill effectivethe 1stday of August, 1990, knownas the STATEFARMAGENTS AGREEMENT,Fonn AA4(TX-1);and, WHEREAS,the agent decided to tenninate his STATE FARMAGENT'SAGREEMENTeffectivethe 31st day of July, 2002; and executethe CorporateAgencyAgreementeffectivethe 1stday of August,2002; and WHEREAS,the CorporateAgencyreceivedno compensationduringcalendaryear; and WHEREAS,the Companiesas a matterof policywiUnot enter into a contractwith a CorporateAgencyownedin whole or in part by an individualagent if the transactionwould result in a substantialpayment being made to the individualagent upon tenninationof the individualagent's contract; NOW THEREFOREnus AGREEMENTWITNESSETHAS FOLLOWS: 1. Subjectto the other provisionsof SectionII, ParagraphB of the CorporateAgencyAgreement,it is agreedthat the amountof insuranceprovidedunder this section during2002 shall be the sum of the gross compensation receivedas an individualagent,exclusiveof compensationbasedon policiesissuedby the Companiespursuant to any governmentalor insuranceindustry plan, pool or facility, during 2001, but in no event shall such insurancebe more than SS0,000.Duringthe year of2003 the amountof insuranceshallbe the sumof the gr<>§ compensationreceived as an individualagent, exclusive of compensationbased on policies issued by the Companiespursuantto any governmentalor insuranceindustryplan, pool or facility,during 2002, and the Corporation'sgross compensation,exclusive of compensationbased on policies issued by the Companies pursuantto any governmentalor insuranceindustryplan,poolor facility,receivedduring2002,but in no event shall such insurancebe more than $50,000. During the year of 2004 and thereafter the provisionsin the CorporateAgencyAgreementitself shall govern the amountof insurance. 2. Since the transfer of an individualagency into a CorporateAgency does not constitutetennination of an individualagency contract within the meaning of the original contract, it is hereby mutually agreed and understood that all payments set forth in Section IV of the STATE FARM AGENT'S AGREEMENT heretofore in existencebetween the Companiesand Dwight L. Hill which otherwise might have become payableto DwightL. Hill under the tenns of such SectionJV are herebywaived by DwightL Hill. 3. In the event the CorporateAgency Agreementis terminatedprior to the Agreementbeing in force at least twelve( 12)precedingmonths,the computationsfor tenninationpaymentsbasedon thatportionof the fonnula with respectto earnedservicecompensationin the twelve(12) precedingmonthspursuantto subparagraphA- 1-(a)(1) and A-l(b)(l) of Section IV, and with respect to paid commissionsin the twelve (12) preceding months pursuant to subparagraphA-2-(a)()) of Section IV, shall be interpretedto include the months the licensed sales representative(s)was representingthe Companiesunder an individualState Fann Agent's Agreement. 4. The foregoingagreementshall be effectiveas of the effectivedate of the CorporateFonn of Agreement. '\ . -z.. "lday IN WJ~e - u O parties hereto have executed this MEMORANDUM OF AGREEMENT this 7.,0~ ?.... STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY STATE FARM FIRE AND CASUALTY COMPANY STATE FARM LIFE INSURANCE COMPANY STATE FARM GENERAL INSURANCE COMPANY STATE COUNTY MUTUAL INSURANCE COMPANY OF TEXAS WITNESS: exas Operation C ioJi,1. G__LJ._ Qf l,~~ WITNESS: A~.2./Lc$ ~w_~~ Dwight L. J,lndMdually KRISTI ROTH AUGO5 2002 43·77/1 AA4(1NC)(TX) AUTHORIZATION (DEDUCTIONSFROM EARNINGS) DWIGHTHILL INSURANCEAGENCY,INC., a corporationorganizedand existingunderthe lawsof the State of Texas, does hereby authorize the State Fann Insurance Companies to deduct from its earnings the same monthly deductions which were made from Dwight L. Hill's earnings prior to incorporation,and furtherauthorize and ratify all future deductions from said earnings. Said authorizationshall become effectiveconcomitantlywith the effectivedate of the AA4 CorporateForm, and shall remain in fu]l force and effect while said corporationis properlylicensedto act as an agent for the State Fann Insurance Companies unless otherwise directed by the President of the Corporation. Oated_____ 7....._,/._z_7 __ 0_2- WITNESS: By: Dr,:.M-~-lt/41' Pre:tident Ron-, l DUMIGGIH EXHIBITK TAX RETURN SHOWING SAMPLEK-1 b?l,117 2017 □Jil_:_:·=.-a·..__~::'._;,,._K(l~.--~j ScheduleK-1 0 AmendedK-1 0MB No 154S-0123 (Form 1120S) Shareholder'sShareof CurrentYearIncome, .'41P, f;jli' . Departmentof lite Treasu,y Fl)r eal~•~do, )ear2017.or ta11year Deductions,Credits,and OtherItems InternalRevenueServite 1 Ordinarybusinessincome(loss) 13 Credits beginning ._I__ , __ .__ -------- I t-~'T"""------..:..7.:.2.L. •.:1.:.3.:1.:.. ,_2_0_17--'I ending I / / . .._____ -- _________ _ 2 Netrentalrealestate income (loss) Shareholder's Share of Income, Deductions, Credits, etc. ► Seepage 2 of form and separateinstructions. 1--3-+o=-t-he_r_n_e_tf_e_n_ta-, ,-.n-co_m_e_(_lo- - )--1- - • - - - - - - - - - - - - - - 55 tffliH!ibMInformationAboutthe Corporation ~ 4----r.- 1n-:-t-er-es-t-in_co_m_e _____ ......- • - - - - - - - - - - - - - - 1-----------------------1 A Corporation·semployeridentificationnumber i--::~~~--------~- -------------- XX-XXXXXXX 5 a Ordinarydividends • B Corporation'sname,address,c,ty, state. and ZIP code DWIGHT HILL INSURANCE AGENCY INC 5 b Qualifieddividends 14 Foreigntransactions 10300 N CENTRALEXPYSTE 296 DALLAS,TX 75231 r"".:~=--~--------+- 6 Royalties - -~- - - - - - - - - - - - - - ~~~----------1--- -------------- 7 Net short-termcapitalgain (loss) C IRSCenterwherecorporationfiled return E-FILE ~~:'":""""."~--------+---~-------------- 8 a Net long-termcapitalgain (loss) 11Ralllll$:1 InformationAbout the Shareholder t---t-~---------+- 8 b Collectibles(28%)gain (loss) - - - - - - - - - - - - - - - - D Shareholder'sidentifyingnumber t---+-:------------1--· -------------- XXX-XX-XXXX 8 c Unrecapturedsection 1250gain E Shareholder'sname,address,cily, state, andZIP code t----t-----------+-- -------------- MARIBEL L HILL 9 Net section 1231gain (loss) 4246 W LOVERSLN DALLAS,TX 75209 10 Otherincome(loss) 15 Alternative minimum tax(AMT)items A 349. ~-- ---------------------------- F Shareholder'spercentageof stock ownershipfor taxyear..................... _____ 5_0_% ~---------------------------------- 4 1----------------------;-•-- -----------------·-------------- i---• ---- ---- ----- -- --- ------------·-- 11 Section 179deduction 16 Items affecting shareholder basis t-:--r::-.--~-------t-C_. _________ 1 L811:. F 12 Otherdeductions 0 R -~. --- -- _ -- -- 1,900. _12_ __ --- -- -- 73LS48. I R .. ---------- .,..._ ----- --- -------------- s u s ~---------------------------------- E 0 • - - - - 17 Other information N L y ~-------~-------------------------- .,_ __ --------------- 1..-- -------------- --- ---------------~ --------------- *See attachedstatementfor additionalinformation. BAA ForPape1Work ReductionAd Notice,seethe Instructionsfor Fonn1120S. ScheduleK-1(Form1120S)2017 SHAREHOLDER 2 SPSA0412L 012/11117 EXHIBITL Tex. Fam. Code§ 7.001 (Vernon 2006) Downloadedfrom vlex by Marisol Lopez vllex © Copyright 2025, vlex Fastcase. All Rights Reserved. Copy for use in the context of the business of the vlex customer only. Otherwise, distribution or reproduction is not permitted Tex. Fam. Code§ 7.001 General Rule of Property Division Library: Texas Statutes Edition: 2025 Currency: Current through bills posted as of 6/25/2025 from the 2025 Legislative Session Citation: Tex. Fam. Code§ 7.001 Year: 2025 Id. vLex Fastcase:VLEX-1078275571 Link: https://fastcase.vlex.com/vid/tex-fam-code--1078275571 August 21, 2025 02:28 1/2 Downloaded from vLex by Marisol Lopez vllex In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. History:Added by Act~ 1997, 75th Leg.. ch. 7, Sec. 1, eff. 4/17/1997. --~--------• August 21, 2025 02:28 2/2 EXHIBITM Tex. Fam. Code § 8.051. (Vernon 2006) Downloadedfrom vlex by Marisol Lopez vllex © Copyright 2025, vlex Fastcase. All Rights Reserved. Copy for use in the context of the business of the vlex customer only. Otherwise, distribution or reproduction is not permitted Tex. Fam. Code§ 8.051 Eligibility For Maintenance Library: Texas Statutes Edition: 2025 Currency: Current through bills posted as of 6/25/2025 from the 2025 Legislative Session Citation: Tex. Fam. Code§ 8.051 Year: 2025 Id. vlex Fastcase: VLEX-1078361956 Link: https://fastcase.vlex.com/vid/tex-fam-code--1078361956 August 21, 2025 02:29 1/2 Downloadedfromvlex by Marisol Lopez vllex In a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses following the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse's separate property, on dissolution of the marriage to provide for the spouse's minimum reasonable needs and: (1) the spouse from whom maintenance is requested was convicted of or received deferred adjudiGation for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse's child and the offense occurred: (A) within two years before the date on which a suit for dissolution of the marriage is filed; or (B) wbile the suit is pending; or (2) the spouse seeking maintenance: (A) is unable to earn sufficient income to provide for the spouse's minimum reasonable needs because of an incapacitating physical or mental disability; (B) has been manied to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse's minimum reasonable needs; or (C) is the custodian of a child of the maniage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse's minimum reasonable needs. History:Amended by Acts 2013, 83rd Leg. - Regular Session. ch. 242, Sec. 2, eff. 9/1/2013. Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 242, Sec. 1, eff. 9/1/2013. Amended By Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 1, eff. 9/1/2011. Amended By Acts 2005. 79th Leg .. Ch. 914, Sec. 1, eff. 9/1/2005. Amended by Acts 1999. 76th Leg .. ch. 62, Sec. 6.05, eff. 9/1/1999; Acts 1999, 76th Leg., ch. 304, Sec. 1, eff. Sept. I, 1999. Renumbered from Sec. 8.002 and amended by Acts 20()1, 77th Leg., ch. 807, Sec. I, eff. 9/1/200 I . Added by Acts 1997, 75th Leg., ch. 7, Sec. I, eff. 4/17/1997. August 21, 2025 02:29 2/2 EXHIBITN Tex. Fam. Code§ 8.052 (Vernon 2006) Downloadedfrom vlex by Marisol Lopez vllex © Copyright 2025, vLex Fastcase. All Rights Reserved. Copy for use in the context of the business of the vLex customer only. Otherwise, distribution or reproduction is not permitted Tex. Fam. Code § 8.052 Factors In Determining Maintenance Library: Texas Statutes Edition: 2025 Currency: Current through bills posted as of 6/25/2025 from the 2025 Legislative Session Citation: Tex. Fam. Code§ 8.052 Year: 2025 Id. vLex Fastcase:VLEX-1078275582 Link: https://fastcase.vlex.com/vid/tex-fam-code--1078275582 August 21, 2025 02:30 1/2 Downloaded from vLex by Marisol Lopez vJlex A court that detennines that a spouse is eligible to receive maintenance under this chapter shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including: (1) each spouse's ability to provide for that spouse's minimum reasonable needs independently, considering that spouse's financial resources on dissolution of the marriage; (2) the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training; (3) the duration of the marriage; (4) the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance; (5) the effect on each spouse's ability to provide for that spouse's minimum reasonable needs while providing periodic child support payments or maintenance, if applicable; (6) acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common; (7) the contribution by one spouse to the education, training, or increased earning power of the other spouse; (8) the property brought to the marriage by either spouse; (9) the contribution of a spouse as homemaker; ( 10) marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and (11) any history or pattern of family violence, as defined by Section 71.004. History:Amended By Acts 20 I I, 82nd Leg .. R.S .. Ch. 486, Sec. 1, eff. 9/1/2011. Added by Acts 1997. 75th Leg .. ch. 7, Sec. I, eff. 4/17/1997. Renumbered from Sec. 8.003 by Acts 2001. 77th Leg .. ch. 807, Sec. 1, eff. 9/1/2001. August 21, 2025 02:30 2/2 EXHIBITO Tex. Fam. Code§ 8.053 (Vernon 2006) Downloadedfrom vlex by Marisol Lopez vllex © Copyright 2025, vLex Fastcase. All Rights Reserved. Copy for use in the context of the business of the vLex customer only. Otherwise, distribution or reproduction is not permitted Tex. Fam. Code § 8.053 Presumption Library: Texas Statutes Edition: 2025 Currency: Current through bills posted as of 6/25/2025 from the 2025 Legislative Session Citation: Tex. Fam. Code§ 8.053 Vear: 2025 Id. vlex Fastcase: VLEX-1078275586 Link: https://fastcase.vlex.comivid/tex-fam-code--1078275586 August 21, 2025 02:30 1/2 Downloadedfrom vlex by Marisol Lopez vllex (a) It is a rebuttable presumption that maintenance under Section 8.051 (2)(B) is not warranted unless the spouse seeking maintenance has exercised diligence in: (1) earning sufficient income to provide for the spouse's minimum reasonable needs; or (2) developing the necessary skills to provide for the spouse's minimum reasonable needs during a period of separation and during the time the suit for dissolution of the marriage is pending. (b) Repealed by Act~ 201 J. 82nd Leg .. R.S .. Ch. 486, Sec. 9(1), eff. September I, 2011. History: Amended By Acts 20 IL 82nd Leg .. R.S .. Ch. 486, Sec. 2, eff. 9/1/2011. Amended By Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(1), eff. 9/1/2011. Amended By Acts 2005. 79th Leg .. Ch. 914, Sec. 2, eff. 9/1/2005. Added by Acts 1997. 75th Leg., ch. 7, Sec. I, eff. 4/17/1997. Renumbered from Sec. 8.004 by Acts 200 I, 77th Leg., ch. 807, Sec. 1, eff. 9/1/2001. August 21, 2025 02:30 2/2 EXHIBITP Tex. Fam. Code § 8.054 (Vernon 2006) Downloaded from vLex by Marisol Lopez vllex © Copyright 2025, vlex Fastcase. All Rights Reserved. Copy for use in the context of the business of the vlex customer only. Otherwise, distribution or reproduction is not permitted Tex. Fam. Code § 8.054 Duration of Maintenance Order Library: Texas Statutes Edition: 2025 Currency: Current through bills posted as of 6/25/2025 from the 2025 Legislative Session Citation: Tex. Fam. Code§ 8.054 Year: 2025 Id. vLex Fastcase:VLEX-1078275585 Link: https://fastcase.vlex.comivid/tex-fam-code--1078275585 August 21, 2025 02:31 1/2 Downloaded from vLex by Marisol Lopez vllex (a) Except as provided by Subsection (b), a court: (1) may not order maintenance that remains in effect for more than: (A) five years after the date of the order, if: (i) the spouses were married to each other for less than 10 years and the eligibility of the spouse for w horn maintenance is ordered is established under Section 8.051(1); or (ii) the spouses were married to each other for at least 10 years but not more than 20 years; (B) seven years after the date of the order, if the spouses were married to each other for at least 20 years but not more than 30 years; or (C) 10 years after the date of the order, if the spouses were married to each other for 30 years or more; and (2) shall limit the duration of a maintenance order to the shortest reasonable period that allows the spouse seeking maintenance to earn sufficient income to provide for the spouse's minimum reasonable needs, unless the ability of the spouse to provide for the spouse's minimum reasonable needs is substantially or totally diminished because of: (A) physical or mental disability of the spouse seeking maintenance; (B) duties as the custodian of an infant or young child of the marriage; or (C) another compelling impediment to earning sufficient income to provide for the spouse's minimum reasonable needs. (b) The court may order maintenance for a spouse to whom Section 8.051(2)(A) or (C) applies for as long as the spouse continues to satisfy the eligibility criteria prescribed by the applicable provision. (c) On the request of either party or on the court's own motion, the court may order the periodic review of its order for maintenance under Subsection (b). (d) The continuation of maintenance ordered under Subsection (b) is subject to the procedural requirements for a motion to modify as provided by Section 8.057. History: Amended by Acts 2023, Texas Act<,of the 88th Leg.- ReguJar Session, ch. 443, Sec. 1, eff. 6/9/2023, app. to a motion to continue spousal maintenance under Subchapter B, Chapter 8, Family Code, that is made on or after the effective date of this Act, regardless of whether the original spousal maintenance order was rendered before, on, or after that date. Amended By Act, 20 I 1, 82nd Leg., R.S., Ch. 486, Sec. 3, eff. 9/1/2011. Amended By Acts 2005, 79th Leg., Ch. 914, Sec. 3, eff. 9/1/2005. Added by Act"i 1997, 75th Leg., ch. 7, Sec. 1, eff. 4/17/1997. Renumbered from Sec. 8.005 and amended by Acts 200 I, 77th Leg .. ch. 807, Sec. 1, eff. 9/1/2001. August 21, 2025 02:31 2/2 EXHIBITQ Tex. R. CIV. P. 297 Downloadedfromvlex by Marisol Lopez vllex © Copyright 2025, vlex Fastcase. All Rights Reserved. Copy for use in the context of the business of the vlex customer only. Otherwise, distribution or reproduction is not permitted Rule 297. Time to Send Findings of Fact and Conclusions of Law Library: Texas Rules of Civil Procedure Edition: 2025 Currency: As amended through July 31, 2025 Year: 2025 Citation: Tex. R. Civ. P. 297 Id. vlex Fastcase: VLEX-1072477632 Link: https://fastcase.vlex.com/vid/rule-297-time-to-10724 77632 ~~- ·--· --~ -- August 21, 2025 02:32 1/2 Downloadedfrom vlex by Marisol Lopez vllex Within twenty days after a timely request is filed, the court must send its findings of fact and conclusionsof law to the parties as provided in Rule 21(t)(l0). If the court fails to send timely findings of fact and conclusionsof law, the party making the request must, within thirty days after filing the originalrequest, file with the clerk and serve on all other parties in accordancewith Rule 21a a "Notice of Past Due Findings of Fact and Conclusionsof Law" which must be immediatelycalled to the attentionof the court by the clerk. Such notice must state the date the originalrequest was filed and the date the findings and conclusionswere due. Upon filing this notice, the time for the court to send findings of fact and conclusionsof law is extended to forty days from the date the originalrequest was filed. Cite as Tex. R. Civ. P. 297 History:Amended August 7, 2023, effective9/1/2023; amended September 8, 2023, effective 9/8/2023; amended May 28, 2024, effective 5/28/2024. Note: Notes and Comments Comment to 1990 change: To revise the practice and times for findings of fact and conclusionof law. See also Rules 296 and 298. August 21, 2025 02:32 2/2 EXHIBITR Tex. R. CIV. P. 298 Downloaded from vLex by Marisol Lopez vllex ©Copyright 2025, vLex Fastcase. All Rights Reserved. Copy for use in the context of the business of the vLex customer only. Otherwise, distribution or reproduction is not permitted Rule 298. Additional Or Amended Findings of Fact and Conclusions of Law Library: Texas Rules of Civil Procedure Edition: 2025 Currency: As amended through July 31 2025 l Year: 2025 Citation: Tex. R. Civ. P. 298 Id. vlex Fastcase: VLEX-1072477619 Link: https://fastcase.vlex.com/vid/rule-298-additional-or-1072477619 August 21, 2025 02:33 1/2 Downloadedfrom vlex by Marisol Lopez vllex After the court sends original findings of fact and conclusions of law, any party may file with the clerk of the court a request for specified additional or amended findings or conclusions. The request for these findings must be made within ten days after the court sends the original findings and conclusions. Each request made pursuant to this rule must be served on each party to the suit in accordance with Rule 21a. Within ten days after such request is filed, the court must send any additional or amended findings and conclusions to the parties as provided in Rule 2l(t)(l0). No findings or conclusions shall be deemed or presumed by any failure of the court to make any additional findings or conclusions. Cite as Tex. R. Civ. P. 298 History:Amended August 7, 2023, effective 9/1/2023; amended September 8, 2023, effective 9/8/2023; amended May 28, 2024, effective 5/28/2024. August 21, 2025 02:33 2/2 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Marisol Lopez on behalf of Marisol Lopez Bar No. 24050952 marisol@lawyerforu.com Envelope ID: 104704041 Filing Code Description: Brief Requesting Oral Argument Filing Description: Brief Requesting Oral Argument Status as of 8/22/2025 7:12 AM CST Case Contacts Richard Osinger richard@ondafamilylaw.com 8/21/2025 6:22:20 PM SENT Richard Osinger richard@ondafamilylaw.com 8/21/2025 6:22:20 PM SENT Robert Epstein 24065206 robert@epsteinpc.com 8/21/2025 6:22:20 PM SENT Marisol Lopez marisol@lawyerforu.com 8/21/2025 6:22:20 PM SENT Marisol Lopez marisol@lawyerforu.com 8/21/2025 6:22:20 PM SENTX • r.!'' 7)~~4,,(- ,,(. p--e,{ 0 6. i7 • JJ I ~ ,11,no10 lJO~SllOl
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