Phillippe Tanguy, 13500 Air Express, L.L.C. and 13500 Air Express, L.P., and PTRE Holdings. L.P. v. William G. West, as Chapter 7 Trustee of Richard Davis, Debtor, and Eva S. Engelhart, Receiver

Opinion

ACCEPTED

01-14-00455-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS 1/2/2015 4:15:22 PM CHRISTOPHER PRINE

CLERK

No. 01-14-00455-CV No. 01-14-00455-CV FILED IN 1st COURT OF APPEALS

HOUSTON, TEXAS

________________________________________________________

1/2/2015 4:15:22 PM

THE

IN THE IN CHRISTOPHER A. PRINE Clerk

COURT OF

FIRST COURT FIRST APPEALS

OF APPEALS TEXAS

HOUSTON, TEXAS HOUSTON,

_________________________________________________________

TANGUY,

PHILIPPE TANGUY, PHILIPPE

AIR EXPRESS,

13500 AIR 13500 EXPRESS, L.L.C & 13500 L.L.C & AIR EXPRESS, 13500 AIR EXPRESS, L.P.,

Appellant, Appellant,

v.

WILLIAM G. WILLIAM G. WEST, CHAPTER 7 TRUSTEE AS CHAPTER

WEST, AS TRUSTEE OF OF

RICHARD DAVIS, RICHARD DEBTORS

DAVIS, DEBTORS

Appellee. Appellee.

________________________________________________________

APPELLEES’ BRIEF APPELLEES’ BRIEF

________________________________________________________

W. Wolfshohl Joshua W. Eva S. Engelhart Eva

24038592

Texas Bar No. 24038592 Bar No.

State Bar 00796513

No. 00796513

jwo1fshoh1@porterhedges.com jwolfshohl@porterhedges.com May, Cron Ross, Banks, May, & Cavin P.C.

Cron &

Aaron J. Aaron Power J. Power 2 Riverway, Suite 700 24058058

Texas Bar. No. 24058058 77056-1919 Houston, Texas 77056-1919 apower@porterhedges.com eenge1hart@rossbanks.com eengelhart@rossbanks.com

Porter Hedges LLP Hedges LLP 626-1200 (713) 626-1200

Main Street, 36 1000 Main 1000 36”‘ th

Floor 623-6014 (fax)

(713) 623-6014

77002

Houston, Texas 77002 226-6000

Telephone: (713) 226-6000 Telephone:

228-1331

Facsimile: (713) 228-1331 Facsimile:

ATTORNEYS FOR APPELLEE ATTORNEYS FOR APPELLEE COURT APPOINTED COURT RECEIVER APPOINTED RECEIVER

WILLIAM WEST WILLIAM G. WEST PRO SE PRO SE

Of Contents

Table Of Table

Page Page

SUPPLEMENTAL LIST SUPPLEMENTAL OF PARTIES.........................................................................................

LIST OF PARTIES ....................................................................................... iiii ..

STATEMENT OF STATEMENT THE CASE.......................................................................................................

OF THE CASE ............................ .. . 11 .

STATEMENT IN STATEMENT IN OPPOSITION TO ORAL OPPOSITION TO ARGUMENT .........................................................

ORAL ARGUMENT ....................................................... 2 ..

STATEMENT OF STATEMENT FACTS .............................................................................................................

OF FACTS ........................................................................................................... 33 ..

The Bankruptcy Court Judgment The Judgment and Appeals Thereof ......................................................3 .................................................... ..3

Judgment and Appointment of the Receiver .....................................3 Domestication of the Judgment ................................... ..3

The District Court Orders Appellees to Turnover and Authorizes the The

Receiver to Sell the Driscoll Property .....................................................................4 ................................................................... ..4

The District Court Approves the Sale of the Driscoll Property...........................................5 The Property ......................................... ..5 SUMMARY OF SUMMARY ARGUMENT....................................................................................................... 6 OF ARGUMENT .

APPELLEES’ ARGUMENT ........................................................................................................ 7 APPELLEES’ ARGUMENT.......................................................................................................... ..

1. 1. There is No Appellants’ Collateral Attack on No Legal Support for Appellants’ on the Judgment ........................................................................................ ..7 Validity of the Judgment..........................................................................................7 2. A Court May

A May Require a Judgment Judgment Debtor to Turn Turn OverOver All Non- Non-

Exempt Property to a Receiver. Exempt Receiver. .............................................................................10 ........................................................................... ..10

3. The Plain Language The Does Not Language of the Statute Does Not Require the Turnover Specifically Identify Property..................................................................12 Order to Specifically Property ................................................................ ..12 4. The Receiver Order, the Turnover Order and the Sale Order Were The Were Non—Exempt

by Sufficient Evidence of Non-Exempt Property Which Supported by Which Not Subject to Sale by is Not by Ordinary Legal Process. .............................................. 14 Process. ................................................14 ..

5. The Receiver Order, the Turnover Order and the Sale Order Were The Were Supported by Non—Exempt Property Which by Sufficient Evidence of Non-Exempt Which is Not by Not Subject to Sale by Ordinary Legal Process.

Process. ................................................14 .............................................. ..14

6. Do Not Appellants Do Have the Right to a Jury Trial on Not Have on the Order ..................... ..16 Appointment of a Receiver, the Turnover Order or the Sale Order.......................16 7. The Court Lacks Jurisdiction to Review The Review the Receiver’s Appointment as Master in Chancery......................................................................18 Appointment Chancery .................................................................... ..l8 PRAYER ..................................................................................................................................... 19 PRAYER.......................................................................................................................................

.. l9

i

SUPPLEMENTAL LIST SUPPLEMENTAL OF PARTIES LIST OF PARTIES

Pursuant to the Rules 38.2(a)(1) and 38.1(a)

38.l(a) of the Texas Rules of Appellate

Procedure, Appellees file filed by file this supplement to the list of parties filed by Appellants,

which Eva Engelhart, the court-appointed receiver, as an Appellee. which omitted Eva Appellee. Ms.

was the movant

Engelhart was movant in two two of the three orders in this appeal. Therefore, Therefore, she

Appellee.

is clearly an Appellee.

Appellee: Appellee: Eva S. Engelhart Eva

May, Cron

Ross, Banks, May, & Cavin, P.C.

Cron &

2 Riverway, Suite 700

77056-1919

Houston, Texas 77056-1919

Appellee:

Attorney for Appellee: Appearing pro pro Se

se as court-appointed receiver

ii

4476732v1 4476732v1

TABLE OF TABLE OF AUTHORITIES

AUTHORITIES

Page(s)

CASES CASES

Bahar v. Lyon Fin. Bahar v. Fin. Servs., Servs.,

330 S.W.3d App.—Austin 2010, pet. denied) ..................................18 S.W.3d 379 (Tex. App.—Austin ................................ ..18

Bergeron v.

v. Sessions,

561 S.W.2d 551 561 S.W.2d App.—Dal1as 1977, 551 (Tex. Civ. App.—Dallas refd n.r.e.) ....................17 1977, writ ref’d .................. ..17

Block Black v.

V. Shor,

443 S.W. 3d 170 443 App.—Corpus Christi 2013, no pet.) ...........................13 170 (Tex. App.—Corpus ......................... 13 ..

Boger Boger v. Moore, Moore, Inc., 1/.

S.W.2d 646, 649 196 S.W.2d 196 App.—Beaumont 1946, 649 (Tex. Civ. App.—Beaumont no writ) ...................17 1946, no ................. ..17

Congleton v.

v. Shoemaker,

No. 09-11-00453—CV, 2012 WL No. 09-11-00453-CV, WL 1249406 App.—Beaumont Apr.

1249406 (Tex. App.—Beaumont 12, 12, 2012, pet.

pet. denied) (mem. op.) ....................................................................19 .................................................................. ..19

Cross v.

v. Cross,

738 S.W.2d App.—Corpus Christi 1987, S.W.2d 86 (Tex. App.—Corpus dism’d w.o.j.).............16 1987, writ dism’d w.o.j.) ........... 16 ..

Exec. Benefits Exec. Benefits Ins. 1/. Arkison (In re Bellingham Ins. Agency v. Bellingham Ins. Ins. Agency, Agency, Inc.),

134 2165 (2014).............................................................................7, 134 S. Ct. 2165 9,10 (2014) ........................................................................... ..7, 9, 10

Ferguson Ferguson v.

v. Ferguson,

210 S.W.2d App.—Austin 1948, S.W.2d 268 (Tex. Civ. App.—Austin n.r.e.) .................. 17 1948, writ ref’d n.r.e.)....................17 ..

v. Dorfif Gunther v. Dorff, 296 App.—Waco 1956, S.W.2d 638 (Tex. Civ. App.—Waco 296 S.W.2d dism’d) ......................... ..16 1956, writ dism’d)...........................16

Hennigan v. Hennigan, Hennigan v.

SW 2d 666 SW App.—H0ust0n [14 2d 322 (Tex. App.—Houston th [14‘h writ dism’d) ............15 1984, Writ

Distr.] 1984, .......... 15 ..

Henry v.

v. Masson,

333 App.—Houst0n [1st S.W.3d 825 (Tex. App.—Houston 333 S.W.3d Dist.] 2010, no pet.) .....................16 [1stDist.] ................... ..16

In re BP BP RE, RE, L.P., th

279 (5

735 F.3d 279 (5th 2013) ..................................................................... ..7, 8, 9 Cir. 2013).......................................................................7,

iii iii

4476732v1 4476732v1

Moody Moody v.

v. State,

S.W.2d 158 538 S.W.2d App.—WacO 1976, 158 (Tex. Civ. App.—Waco ref'd n.r.e) ......................16 1976, writ ref’d .................... ..16

Moyer v. Moyer, Moyer v. Moyer, 183 S.W. 3d 48 (Tex. App. Austin, 2005, no pet.) .....................................13, 183 18 ................................... ..13, 18

v. Brown, v.

Pillitteri 165 S.W.3d 715 (Tex. App. 2005) ...................................................................15 165 S.W.3d ................................................................. ..15

Sheikh v.

v. Sheikh,

248 S.W.3d 381 248 S.W.3d 381 (Tex. App. Houston 1st 1st Dist. 2007) .......................................18 ..................................... ..18

Steenland v. Commerce Bank v. Texas Commerce Nat. Ass Bank Nat. Ass’n,

’n,

648 S.W.2d App.—Ty1er 1983, S.W.2d 387 (Tex. App.—Tyler refd n.r.e.) .............................17 1983, writ ref’d ........................... 17 ..

Stem v. Stern v. Marshall, Marshall, 564 U.S.2(2011)

U.S. 2 (2011)...........................................................................................7, ......................................................................................... ..7, 8

Suttles v. Vestin Realty Mortg.

v. Vestin Mortg. I,I, Inc., Inc.,

317 S.W.3d 412 317 S.W.3d 412 (Tex. App. Houston [1st App.—Houston no pet.) .....................15 Dist.] 2010, no

[1stDist.] ................... ..15

v. McCarthy, Tanner v.

274 S.W.3d 274 S.W.3d 311 App.—Houston [1 311 (Tex. App.—Houston

st [15tDist.]

Dist.] 2008, no pet.) .... 10, 10, 13,

13, 14, 18

14, 18

SSTATUTES TATUTES

TEX. T CIV. EX. C PRAC.

IV. P & RREM.

RAC. & CODE

EM. C ANN.

ODE ANN. §

§ 31.002(a) ................................

.............................. 10, 10, 11,

11, 14, 16

14, 16..

TEX. T CIV. EX. C PRAC.

IV. P & RREM.

RAC. & CODE

EM. C ANN.

ODE ANN. § 31.002(h) .................................... ..11, § 31.002(h)...................................... 11, 12, 13 12, 13

TEX. T CIV. EX. C PRAC.

IV. P & RREM.

RAC. & CODE

EM. C ODE §

§ 31.002(b)(2) ................................................10, 12 .............................................. ..10, 12

TEX. T CIV. EX. C PRAC.

IV. P & RREM.

RAC. & CODE

EM. C ODE §

§ 31.002(b)(3) ................................................10, 11 .............................................. ..10, 11

TEX. T CIV. EX. C PRAC.

IV. P & RREM.

RAC. & CODE

EM. C ODE §

§ 31.0025 .............................................................15 ........................................................... ..15

OTHER O AUTHORITIES THER AUTHORITIES

ofCiVi1 Rule of 171 ................................................................................ ..18 Civil Procedure 171..................................................................................18

iv

4476732v1 4476732v1

STATEMENT OF STATEMENT THE CASE

OF THE CASE

This appeal is the Appellants’ most recent dilatory tactic in a lengthy dispute

More than four years ago, William non-payment of a promissory note. More regarding non-payment

West (the “Trustee”) obtained a judgment G. West judgment of approximately $1.2 million against

the Appellants in the United States Bankruptcy Court for the Southern District of

Texas. After a series of frivolous appeals by Texas. by Appellants, including a petition for

certiorari denied by Supreme Court, the Trustee domesticated by the United States Supreme th

the judgment 2701*‘ judgment in the 270 Texas.

District Court of Harris County, Texas.

Tanguy admitted in an affidavit of net worth that he has significant Philippe Tanguy significant

non-exempt assets, including a rental property in Houston, non-exempt non-exempt non-exempt income income

owned entities, and an airplane located in Georgia. After a from his wholly owned from

which Tanguy’s

hearing at which Tanguy’s affidavit was introduced into evidence, the District affidavit was

Eva S. Engelhart (the “Receiver”) as receiver.

Court ordered the appointment of Eva

The Receiver subsequently obtained an order requiring Tanguy The Tanguy to turn over the

rental property to her and an order authorizing her to sell the property.

property.

The Appellants appealed (i) The (i) the order appointing the Receiver, (ii)

(ii) the order

them to turn over the rental property to the Receiver, and (iii)

requiring them (iii) the order

authorizing the Receiver to sell the rental property.

1

4476732v1 4476732v1

STATEMENT IN STATEMENT IN OPPOSITION TO ORAL OPPOSITION TO ARGUMENT ORAL ARGUMENT

Appellees believe that the legal issues presented in this appeal have been

authoritatively decided, and the facts and legal arguments are adequately presented

parties’ briefs.

in the parties’ briefs. was Accordingly, oral argument is not necessary and was

by Appellants for the purpose of causing further delay.

requested by delay.

[Remainder of page left intentionally blank]

blank]

2

4476732v1 4476732v1

STATEMENT OF STATEMENT OF FACTS

FACTS

The Bankruptcy Court Judgment The Bankruptcy and Appeals Judgment and Thereof Appeals Thereof

On March On March 30, 2010, the Trustee obtained a judgment judgment against Appellees in

amount of $1,183,090.80, plus post-judgment interest and attorney’s the amount attomey’s fees in the

amount of $31,180.75 amount “ udgment”) (CR

$31,180.75 (the “Judgment”) CR at pp.

(CR at p. 5; see also CR 94-109).

pp. 94-109).

Judgment from the Bankruptcy Court to the United Appellees appealed the Judgment

which affirmed the

States District Court for the Southern District of Texas, which

was frivolous, and awarded Bankruptcy Court’s Judgment, found that the appeal was awarded

(CR

the Trustee reasonable and necessary fees and costs for defending the appeal. (CR

at pp. 69-93).

of Appeals

Appellees then appealed to the United States Court of Appeals for the Fifth

Circuit, which (CR at pp.

Judgment. (CR

which also affirmed the Bankruptcy Court’s Judgment. pp. 59-68).

by the

Finally, Appellees had their petition for writ of certiorari denied by

Supreme (CR at pp. 26-113). Supreme Court of the United States. (CR 26-113).

of the Judgment

Domestication of and Appointment Judgment and of the Receiver Appointment of

On November On November 8, 2013, the Trustee domesticated the Judgment 2701“ Judgment in the 270 th

(CR at pp. 5-11).

District Court of Harris County, Texas (the “District Court”) (CR 5-11).

On November On November 11, filed an Application for Turnover After 11, 2013, the Trustee filed

“

Judgment Appointment of a Receiver and Master (the “Application Judgment and For Appointment pplication to

(CR at pp. 12-14).

Appoint a Receiver”) (CR 12-14).

3

4476732v1 4476732v1

On April 25, 2014, following an unsuccessful mediation, the District Court On

(RR Apr.

held an evidentiary hearing on the Application to Appoint a Receiver. (RR

2014).

25, 2014).

At the hearing, counsel for the Trustee introduced two At two exhibits—Tanguy’s exhibits—Tanguy’s

2009 through

sworn affidavit of net worth and his federal tax returns for the years 2009

2012. (RR CR at pp. 162-164).

(RR April 25, 2014, at pp. 3:24-4:3; CR 162-164). Appellants

no evidence at the hearing.

introduced no hearing.

on

non-exempt assets listed on Counsel for the Trustee argued that any of three non-exempt

Tanguy’s affidavit of net worth supported the appointment of a receiver—income Tanguy’s receiver—income

from a rental property located at 1714 from 1714 Driscoll Street in Houston, Texas (the

income of several hundred thousand dollars in the form Propemj’), income

“Driscoll Property”), form of

from Tanguy’s

distributions from owned entities, and an airplane located in Tanguy’s wholly owned

(RR April 25, 2014, at pp.

Georgia. (RR pp. 5:1-6:17; pp. 8:1-25).

821-25).

On April 25, 2014, the District Court signed and entered the Order Granting On

which

Turnover and Appointing Receiver and Master (the “Receiver Order”), which

appointed Eva (CR at pp. 136-143).

Eva S. Engelhart as the Receiver. (CR 136-143).

and Authorizes the Receiver to The District Court Orders Appellees to Turnover, and The Sell, the Driscoll Property

On May On May 23, 2014, the Receiver filed Emergency Motion filed an Emergency Compel Motion to Compel

To Retain Real Estate Broker and to Sell Non-Exempt Real Property, To Turnover of Non-Exempt

Non-Exempt Real Property (the “Motion Non-Exempt Compe ”). (CR “Motion to Compel”). (CR at pp. 147-150).

pp. 147-150).

4

4476732v1 4476732v1

On May On May 30, 2014, the District Court held a hearing on the Motion Motion to

(R May Compel. (RR May 30, 2014). The The Receiver appeared at the hearing pro pro Se

se and

counsel. (RR

Appellees appeared through counsel. May 30, 2014, at p.

(RR May The Trustee did p. 2). The

Motion to Compel. Id.

not appear at the hearing on the Motion Id.

On May On May 30, 2014, the District Court entered its Order to Compel Compel Turnover

Non-Exempt Real Property, to Retain Real Estate Broker and to Sell Nonof Non-Exempt Non-

Exempt Real Estate (the “Turnover Exempt (CR at pp. 182-83).

“Turnover Order”). (CR 182-83).

The District Court Approves The Approves the Sale of of the Driscoll Property

On July 9, 2014, the Receiver filed On Motion to Sell Real Property at 1714 filed her Motion 1714

App’x A.

Driscoll St. See App’x

On October 10, On Amended Order to 10, 2014, the District Court entered its Third Amended

1714 Driscoll St. (the “Sale Order”). See App’x Sell Property at 1714 App’x B.

On October 30, 2014, Appellees timely filed On filed a notice of appeal of the Sale

Order. See App’x The notice of appeal of the Sale Order was App’x C. The was docketed in this

App’x D.

on October 31, 2014. See App’x appeal on

of additional items to be file a notice of designation of Appellants did not file

December 29,

included in the record for this appeal related to the Sale Order until December

App’x E.

2014. See App’x E.11

1 '

Appellants’ designation of the record in connection with the Sale Order has not been completed by Appellants’ by the clerk’s office. Appellees have included the relevant documents Appendix to this brief.

documents in the Appendix documents in the brief. All of the documents Appendix will be part of the supplemental Appendix supplemental record.

record.

5

4476732v1 4476732v1

SUMMARY OF SUMMARY OF ARGUMENT

ARGUMENT

The Trustee obtained the Judgment The Judgment four years ago and domesticated it in the

Tanguy admitting that he has hundreds of District Court over a year ago. Despite Tanguy

non-exempt assets and the Driscoll Property being under thousands of dollars in non-exempt

five months, the Trustee has not recovered a single dollar from contract to sell for five

the Appellants as a result of this frivolous appeal.

Each of Appellants’ Each Appellants’ seven points on appeal lack any merit in the law or the

undisputed facts in this case.

case. Appellants’ made in slightly Appellants’ primary argument, made

modified forms in points of appeal 2, 4, and 5, is that they should not be compelled

non-exempt property to the Receiver and, instead, they have the to turn over all non-exempt

how their non-exempt

right to dictate how non-exempt assets are monetized. Appellants attempt to

from laws designed to assist transmogrify the receiver and turnover statutes from

judgment non-exempt assets from judgment creditors in collecting non-exempt from recalcitrant judgment judgment

benefit and protection of

debtors, like the Appellees, into statutes designed for the benefit

judgment Appellants’ arguments ultimately fail because they require the debtors. Appellants’

judgment debtors.

Court to ignore the plain language of the statutes and read additional elements into

the statutes that do not exist.

unavailing. Point of appeal Appellants’ remaining arguments are equally unavailing.

No. 11 is foreclosed by Supreme Court decision; point of appeal no. 3 was by a recent Supreme was

reversed by of appeal no. 6 is contrary to longby statute nearly a decade ago; point of

6

4476732v1 4476732v1 standing Texas case law; and the Court does not have jurisdiction to consider point

of appeal no. 7.

ARGUMENT

APPELLEES’ ARGUMENT APPELLEES’

1. There No Legal Support There is No Support for Appellants’ Collateral Attack on the Attack on

Judgment.

Validity of the Judgment.

Appellants’ on appeal first issue on

Appellants’ first on the validity of the is a collateral attack on

Judgment based on the Bankruptcy Court’s alleged lack of subject matter Judgment

jurisdiction. Appellants misstate the procedural posture jurisdiction. of the rulings on this issue of

below and, based on that incorrect description, below description, argue that there has been a change

Judgment. See In re BP

in applicable Fifth Circuit law that invalidates the Judgment. BP RE, RE,

L.P., 735 F.3d th (5th

279 (5 Cir. 2013). Not only is the Fifth Circuit’s BP 2013). Not BP RE RE decision

Supreme Court recently issued an inapplicable to this case, the United States Supreme

opinion that validates bankruptcy court judgments, judgments, such as the one in this case, that

were affirmed after de novo review by by federal district courts sitting as intermediate

Exec. Benefits

courts of appeal. See Exec. Ins. Agency v. Arkison (In re Bellingham Ins.

Benefits Ins. 12. Ins.

Agency, Agency, Inc.), 134 S. Ct. 2165 (2014).

Inc.), 134

what is set forth in Appellants’

Contrary to what Appellants’ brief, they have never previously

Judgment on the basis of lack of challenged the Judgment of subject matter jurisdiction or

The Supreme

Court. The

constitutional authority of the Bankruptcy Court. Supreme Court issued its

watershed decision regarding bankruptcy court jurisdiction and constitutional jurisdiction and

v. Marshall,

authority in Stern v. 564 U.S. 2 (2011), during the pendency of the Marshall, 564

7

4476732v1 4476732v1

Appellants’ Judgment to the federal district court. Appellants’ appeal of the Judgment court. The federal The

brief the issue and ultimately ruled that Stern did district court asked the parties to brief

not apply. (CR at pp. 69-93). Appellants then filed apply. (CR filed an appeal to the Fifth Circuit.

The appeal raised the issue of whether, in light of Stern, The Stem, the Bankruptcy Court had

Appellants’ counterclaims subject matter jurisdiction and authority to rule on Appellants’

against the estate. Couit estate. However, the appeal did not argue that the Bankruptcy Court

lacked jurisdiction Judgment against the Appellants.

jurisdiction and authority to enter the Judgment (CR Appellants. (CR

at pp. 59-68).

In their brief, brief, Appellants falsely allege that the Fifth Circuit concluded that

waived or consented to the Bankruptcy Court’s subject matter Appellants waived

jurisdiction The Fifth Circuit and authority as to the Trustee’s claim against them. The

made such a finding

could not have made finding because the only issue presented in that appeal

was whether the Bankruptcy Court had was had subject matter jurisdiction jurisdiction and authority to

on Appellants’

rule on Appellants’ counterclaims against the bankruptcy estate.

estate.2

2

The goal of Appellants’ mischaracterization of the record below The make it below is to make

appear as if this case is subject to the Fifth Circuit’s ruling in BP BP RE

RE that a party

cannot waive the constitutional requirements of authority under Article III. In

reality, no court has ever ruled that Appellants waived or consented to subject

2 On the issue of whether the Bankruptcy Court had subject matter jurisdiction On Appellants’ counterclaims jurisdiction to rule on Appellants’

Fifih Circuit held, as did the federal district court, that Stern against the estate, the Fifth Stern did not apply. (CR at pp. 59-68).

apply. (CR

8

4476732v1 4476732v1

BP RE

matter jurisdiction or constitutional authority. Therefore, BP on RE has no bearing on

this case.

The Appellants are correct that there has been a significant The significant change in case

law in the time since entry of the Judgment; they have just just cited this Court the

wrong case. Rather than BP wrong BP RE, the newly issued opinion applicable to this case is

Supreme Court’s ruling in Bellingham.

the Supreme Bellingham. Supreme Court In that case, the Supreme

declined to address the waiver and consent issue decided in BP BP RE. Bellingham,

Supreme Court ruled that bankruptcy court 134 S. Ct. at 2174-75. Instead, the Supreme 134

affirmed by

judgments in non-core matters must be affirmed by an Article III federal district

judge after de novo review. Id.

ale novo Id.

Supreme Court held that there is no Critically, the Supreme no constitutional difference

between a district court’s de novo between recommendation from nava review of a report and recommendation from a

“final” bankruptcy court

nova review of a “final”

bankruptcy court and a district court’s de novo

judgment on appeal: judgment on appeal:

At At bottom, [Appellant] argues that it was entitled to have an Article it was

III court review de novonova and enter judgment judgment on the fraudulent conveyance claims asserted by by the trustee. In effect, [Appellant]

The

received exactly that. The District nova review of Court conducted de novo

summary judgment

the summary judgment claims, concluding in a written opinion that there were no was no disputed issues of material fact and that the trustee was entitled to judgment judgment as a matter of law. In accordance with its statutory authority over matters related to the bankruptcy, see §§ l334(b), the District Court then separately entered judgment 1334(b), judgment in favor same review from

of the trustee. [Appellant] thus received the same of from the District Court that it would have received if the Bankruptcy Court had it would

treated the fraudulent conveyance claims as non-core proceedings

9

4476732v1 4476732v1 under §§ 157(c)(1).

157(c)(1). In short, even if [Appellant] is correct that the Court‘s entry of judgment Bankruptcy Court's was invalid, the District judgment was

own valid

Court's de novo review and entry of its own final judgment Valid final judgment cured any error.

error.

Bellingham, 134 S. Ct. at 2175. Bellingham, 134

Bellingham is directly applicable to this case. Even if Appellants were Even were

and the Bankruptcy Court did not have constitutional authority to enter the correct and

affirmation of the

Judgment, the federal district court’s de novo review and affirmation

Judgment cured any Article III deficiency. Judgment deficiency. Therefore, there is no legal support for

Appellants’ collateral attack on the validity Appellants’ Judgment and this argument is Validity of the Judgment

more than a red herring.

nothing more

2. A Court A May Require Court May Judgment Debtor Require a Judgment Turn Over Debtor to Turn Non-

Over All Non-

Exempt Property to a Receiver. Exempt

The Receiver was The & Remedies was appointed pursuant to Texas Civil Practices & Remedies

Code Ann. §§ 31.002(b)(3) Code 3l.002(b)(3) (West 2008). In order for a court to grant relief under § §

3l.002(b), it 31.002(b), it must find that the requirements of §§ 31.002(a)

must first find 3l.002(a) have been

satisfied. v. McCarthy, satisfied. Tanner v. 274 S.W.3d McCarthy, 274 App.—Houston [1 S.W.3d 311, 322 (Tex. App.—Houston st [151

(“The relief allowed by

Dist] 2008, no pet.) (“The Dist.] by section 31.002(b), may be 3l.002(b), therefore, may

when the conditions in section 31.002(a)

granted only when 3l.002(a) exist.”).

exist”). Section 31.002(a)

find that the judgment

requires the court to find owns some judgment debtor owns non-exempt property some non-exempt

“cannot readily be attached or levied on by that “cannot TEX.

by ordinary legal process.” T CIV.

EX. C IV.

10

10

4476732v1 4476732v1

PRAC. P & RREM. RAC. & CODE EM. C ANN.

ODE ANN. §

§ 31.002(a). Once that threshold showing has been 3l.002(a). Once

made under §§ 31.002(a), the court is free to grant relief under §§ 31.002(b). made 31.002(b).

Under Under Section 31.002(b)(1), may require the judgment 3l.002(b)(l), a court may judgment debtor to

“nonexempt property that is in the debtor’s possession or is subject to the turnover “nonexempt

debtor's control.” Id. 3l.002(b)(l). Notably absent from the plain language of Id. at §§ 31.002(b)(1).

non-exempt property cannot be 3l.002(b)(l) is any requirement that the non-exempt Section 31.002(b)(1)

readily attached or levied on by The only requirement is by ordinary legal process. The

non-exempt and in the debtor’s possession or subject to the that the property be non-exempt

control. Similarly, Section 31.002(b)(3)

debtor’s control. “appoint a 3l.002(b)(3) allows a court to “appoint

nonexempt property,

receiver with the authority to take possession of the nonexempt property, sell it, it,

pay the proceeds to the judgment and pay judgment creditor to the extent required to satisfy the

judgment.” judgment.” Id. 31.002(b)(3).

Id. at §§ 31.002(b)(3). from Section Again, conspicuously absent from

non-exempt property cannot be readily 3l.002(b)(3) is any requirement that the non-exempt 31.002(b)(3)

on by

attached or levied on by ordinary legal process. Appellants’ argument asks this process. Appellants’

Court to ignore the plain language of these statutes and engraft the ordinary legal

3l.002(a) onto Sections 31.002(b)(1)

process language found in Section 31.002(a) 3l.002(b)(l) and (3).

The plain language of Sections 31.002(a) The 3l.002(a) and (b) establish that a court must

find that there is some find non-exempt property that cannot be readily attached or some non-exempt

by ordinary legal process and, once that showing has been made, it levied on by may it may

11

11

4476732v1 4476732v1 order the judgment non-exempt property to a receiver.

judgment debtor to turn over all non-exempt 3 receiver.3 This

by Section 31.002(h)

conclusion is bolstered by which does not require a court to 3l.002(h) which

turnover. See T

specifically identify the property that is subject to turnover. TEX. CIV.

EX. C PRAC.

IV. P &

RAC. &

REM. R CODE EM. C ANN.

ODE ANN. § Appellants’ interpretation of Section 31.002(a)

3l.002(h). Appellants’ § 31.002(h). 3l.002(a) and

make the statute internally inconsistent.

would contradict (h) and make (b) would inconsistent. Not Not only do

3 l.002(h) in their argument here, their next point of the Appellants ignore Section 31.002(h)

4

statute.4

appeal argues for a ruling that is exactly the opposite of the statute.

3. The Plain Language The Language of the Statute Does Does Not

Not Require Turnover

Require the Turnover

Order to Specifically Order Specifically Identify Property.

The Receiver Order provides the Receiver with “the The power and authority to “the power

take possession of all non-exempt (CR at pp. 136-37).

non-exempt property” of the Appellants. (CR 136-37).

was required to specifically Appellants complain that the Receiver Order was specifically identify

property that is subject to turn over. This argument is directly contrary to the plain

language of the statute.

As discussed above, Texas Civil Practice and Remedies As Code Section Remedies Code

“appoint a receiver with the authority to take 3l.002(b)(2) permits a court to “appoint 31.002(b)(2)

3 The Appellants argument that there was The was no no or insufficient evidence of non-exempt property that cannot be of any non-exempt

on by

readily attached or levied on by ordinary legal process is addressed in point of appeal nos.

nos. 4 and 5.

4 made transparent at the end of their argument on Appellants‘ true motivation in this case is made Appellants’ on point of appeal no. 2. Appellants’ ultimate goal is to have the Driscoll Property sold at a constable’s Appellants’ constable’s sale rather than for a fair market value. value. The District Court recognized that such a sale would The would result in no no recovery to the Trustee.

Trustee. (RR May 30, (RR May

2014, at p. 12:10-13:4) (“My general response [to the Appellants’ complaint at having to pay 12:10-13:4) (“My pay broker and trustee’s fees] fees] is, my experience is, my experience with that is, is, at a constable’s sale it’s amount of its only going to go for the amount ofthe the liens.

liens. . . Because

. .

why would why would anybody do anything else? . . . Generally speaking, . . . speaking, you much don’t generate very much

you know, constable sales don’t my experience.”).

in excess of the lien, it’s been my Why would experience"). Why would the Trustee, or any anyjudgment

judgment creditor for that matter, would minimize, rather than maximize, select a path that would on the Judgment?

maximize, its recovery on Judgment’? In particular, particular, the Trustee is Chapter 7 trustee in bankruptcy with a fiduciary a chapter maximize the distribution to creditors of the estate.

fiduciary duty to maximize estate.

12

12

4476732v1 4476732v1 nonexempt property, sell it, possession of the nonexempt pay the proceeds to the judgment it, and pay judgment

creditor to the extent required to satisfy the judgment.” TEX.

judgment.” T CIV.

EX. C PRAC.

IV. P & RREM.

RAC. & EM.

CODE C ODE § § 31.002(b)(2). may enter or 3l.002(b)(2). Further, Section 31.002(h) states that a “court may

enforce an order under this section that requires the turnover of nonexempt nonexempt

property without identifying in the order the specific propertv subject specific property subiect to

turnover.”

Subsection (h) of Section 31.002 became May 17, became effective on May 2005. See 17, 2005.

TEx. T CIV. EX. C PRAC.

IV. P & RREM.

RAC. & CODE

EM. C ANN.

ODE ANN. § May 17, § 31.002(h) (West 2008) (effective May 17,

2005). Appellants cite only one case in support of their argument that a turnover

must specifically order must property. See Mayer specifically identify property. v. Mayer, Moyer v. Moyer, 183 3d 48 183 S.W. 3d

(Tex. App.—Austin pet.). Mayer no pet.).

App.—Austin 2005, no was decided on Moyer was August 17, on August 17, 2005, just

months after the effective date of Section 31.002(h), but failed to address the three months

new Subsection (h). However, itit is clear that Mayer new Moyer has been been superseded by

by

statute.

On several occasions since the enactment of Section 31.002(h), On 3l.002(h), courts of

meaning and held that a turnover order does not affirmed its plain meaning appeals have affirmed

specifically identify property.

need to specifically property. See, e.g., Black v.

See, e.g., v. Shor, SW. 3d 170, Shar, 443 S.W. 170,

App.—Corpus Christi 2013, no pet.); Tanner v.

175 (Tex. App.—Corpus 175 274 S.W. 3d v. McCarthy, 274

311, 320-21 App.—Houston [1 320-21 (Tex. App.—Houston st [lst Dist.] 2008, no pet.).

pet.). Therefore, the

13

13

4476732v1 4476732v1

Receiver Order is consistent with Section 31.002(h)

3 l .002(h) in that it

it requires Appellants to

non-exempt property to the Receiver.

turn over all non-exempt

4. The Receiver Order, the Turnover The Order and Turnover Order and the Sale Order Were Order Were

Supported by Supported by Sufficient Evidence of Non-Exempt Sufficient Evidence Which is Non-Exempt Property Which Not Subject to Sale by Not Ordinary Legal Process.

by Ordinary Process.

5. The Receiver Order, the Turnover The Order and Turnover Order and the Sale Order Were Order Were

Supported by Supported by Sufficient Sufficient Evidence

Evidence of Non-Exempt

Non-Exempt Property Which Which is

Not Subject to Sale by Not Ordinary Legal Process.

by Ordinary Process.

fifth points of appeal, Appellants argue that there is no In their fourth and fifth

evidence or, in the alternative, owned any nonalternative , insufficient evidence that they owned

exempt property that cannot be readily attached or levied on by exempt by ordinary legal

low threshold for a

process. This Court has previously established an extremely low process.

judgment showing under Section 31.002(a): judgment creditor’s showing 3 1 .002(a):

Section 31.002 does not specify, or restrict, the mannermanner in which which

may be received in order for a trial court to determine evidence may whether 3l.002(a) exist, nor does it require whether the conditions of section 31.002(a) that such evidence be in any particular form, that it it be at any

particular level of specificity, or that it quantum it reach any particular quantum

may grant aid under section 31.002.

before the court may 31.002. However, a trial must nonetheless determine that the request for aid pending court must before the court falls within the scope of section 31.002 before it it

enters an order granting relief under that section. making this section. In making

determination, determination, the trial court must must have some

some evidence before it

it that

establishes that the necessary conditions for the application of 31.002 exist. exist.

S.W.3d at 322. Thus, all three District Court orders must Tanner, 274 S.W.3d must be affirmed

non-exempt property that cannot readily be if there is any of evidence of any non-exempt

on by

attached or levied on by ordinary legal process.

process.

14

14

4476732v1 4476732v1

At the hearing on the Application to Appoint Receiver, At Receiver, counsel for the

Trustee introduced two exhibits—Tanguy’s sworn affidavit two exhibits—Tanguy’s of net worth and his affidavit of

(RR April 25, 2014, at pp.

2009 through 2012. (RR

federal tax returns for the years 2009

CR at pp. 162-164).

3:24-4:3; CR 3:24-4:3; 162-164). Appellants introduced no evidence at the hearing.

hearing.

non-exempt assets listed on of three non-exempt

Counsel for the Trustee argued that any of

Tanguy’s affidavit of net worth supported the appointment of Tanguy’s of a receiver:

receiver: (1) rental

income from the Driscoll Property, (2) income of several hundred thousand dollars income

owned entities, and (3) an Tanguy’s wholly owned

in the form of distributions from Tanguy’s

(RR April 25, 2014, at pp. 5:1-6:17;

airplane located in Georgia. (RR 521-6217; pp.

pp. 8:1-25).

821-25).

on

filed an eleventh hour pleading the night before the hearing on Appellants filed

the Application to Appoint Receiver which was no which alleged that there was no equity in the

(RR April 25, 2014, at p.3:6-13 Driscoll Property. (RR p.3:6-13 and p. 5:6-12). That turned out p. 5:6-12).

to be false and there is substantial equity in the Driscoll Property that will be

realized upon income from upon the Receiver’s sale. However, the rental income from the Driscoll

non-exempt property that cannot readily be by the Appellants is non-exempt Property disclosed by

by ordinary legal process. See, attached or levied on by See, e.g., e. g., Suttles v. Vestin Realty v. Vestin

Mortg. SW3d Mortg. I,I, Inc., 317 S.W.3d 412 App.—Houston [1 412 (Tex. App.—Houston st [151 Dist.]

Dist.] 2010, no pet.).

pet.).

Tanguy’s income derived from Tanguy’s from his various wholly-owned nonwholly -owned entities is non-

exempt property that cannot readily be attached or levied on by exempt by ordinary legal

process. See Hennigan process. SW 2d v. Hennigan, 666 SW

Hennigan v. 2d 322 App.—Houston [14 322 (Tex. App.—Houston th [14”‘

15

15

4476732v1 4476732v1 1984, writ Distr.] 1984, TEXAS dism’d); T

Writ dism’d); C1v.

EXAS C PRAC.

IV. P AND R

RAC. AND REM. CODE

EM. CODE §

§ 31.0025. (RR

31.0025. (RR

2014 at p. 5:21-23

April 24, 2014 5:2l-23 and p. 9:15-18).

no doubt that the airplane located in Georgia is non-

Finally, there can be no

exempt property that cannot readily be attached or levied on by exempt by ordinary legal

process because it Texas. See Pillitteri it is not located in Texas. Pillilteri v. S.W.3d 715, 165 S.W.3d

v. Brown, 165

App.—Dallas 2005, no. pet.) (“The 722 (Tex. App.—Dallas (“The ordinary legal process by which by which

A writ must be addressed to a sheriff upon is a writ. A

property is attached or levied upon

or constable in the State of Texas, and directs the official to attach and hold the

defendant’s property as shall be found within his county.”).

The District Court was The was presented with evidence regarding these three assets

them satisfies

and any one of them satisfies the requirements of Section 31.002(a).

3 1 .002(a).

6. Do Not Appellants Do Have the Right to a:1 Jury Trial on Not Have Appointment on the Appointment

of a Receiver, the Turnover Order or the Sale Order.

Turnover Order Order.

It is a well-established principal that a judgment judgment debtor does not have the

right to a jury receiver. See, e.g., jury trial on the appointment of a receiver. e. g., Cross v. Crass, 738 v. Cross,

S.W.2d App.—Corpus Christi 1987, S.W.2d 86, 89 (Tex. App.—Corpus dism’d w.o.j.) (“The 1987, writ dism’d (“The

main suit and lies within appointment of a receiver is an ancillary proceeding to the main

Accordingly, appellants are not entitled to a the sound discretion of the trial court. Accordingly,

jury jury trial on the trial court’s discretionary authority to appoint a receiver.”)

v. Dorfl

(internal citations omitted); Gunther v. 296 S.W.2d Dorff, 296 S.W.2d 638, 639 (Tex. Civ.

Civ.

App.—Waco 1956, App.—Waco (“The appointment of a receiver is a matter 1956, writ dism’d) (“The

16

16

4476732v1 4476732v1 of the judge of the court to Whom resting largely and primarily in the discretion of whom the

application is addressed. Defendant is not entitled to a jury jury trial [in] such

instance.”). instance.”).

it has been held that the right to trial by “Traditionally, it by jury jury does not extend

v. Mosson,

to receivership proceedings.” Henry v. Masson, 333 S.W.3d App.—

S.W.3d 825, 848 (Tex. App.—

Houston [1st Houston [lst Dist.] pet); see also Moody Dist.] 2010, no pet.); Moody v. S.W.2d 158, v. State, 538 S.W.2d 158,

161 (Tex. Civ. 161 App.—Waco 1976, Civ. App.—Waco refd n.r.e).

1976, writ ref’d n.r.e). “[A] court of competent

jurisdiction may appoint a receiver,” and as a result, a hearing on receivership may receivership

proceedings is “inherently incapable of being determined by jury.” Boger by a jury.” Boger v.

v.

Moore, Inc., 196 S.W.2d 646, 649 196 S.W.2d App.—Beaumont 1946, 649 (Tex. Civ. App.—Beaumont no writ).

1946, no writ).

The reasoning behind this rule is that because “receivership property is in custody The

management and control is that of the court; jury intervention would of the law, its management would

management of the receivership from impermissibly transfer control and management from the court

to the jury.” Bergeron v. Sessions, 561 Bergeron v. S.W.2d 551, 554 (Tex. Civ. App.—Dallas 561 S.W.2d App.—Dallas

1977, writ ref’d n.r.e.) (citing Ferguson 1977, v. Ferguson, 210 Ferguson v. S.W.2d 268, 269 210 S.W.2d 269 (Tex.

App.—Austin 1948, Civ. App.—Austin Civ. 1948, writ ref‘ d n.r.e.)). Thus, after the appointment of the Writ ref’d

Receiver, Appellants did not have the right to a jury trial in connection with the

5

Order.5

Receiver’s motions leading to the Turnover Order and Sale Order.

5 of their argument that they were entitled to a jury Appellants cite only one case in support of jury trial, Steenland v.

v. Texas

Commerce Bank Commerce Bank Nat.

Not. Ass

Ass’n, S.W.2d 387, 391 ‘n, 648 S.W.2d 391 (Tex. App.—Tyler 1983, (Tex. App.—Tyler rerd n.r.e.).

1983, writ ref’d The issue in Steenland n.r.e.). The

was whether the appellant had the right to a jury was jury trial on non-exempt portion of his homestead, on the valuation of the non-exempt homestead.

In the present case, Appellants admitted in the TanguyTanguy Affidavit that the Driscoll Tanguy’s Driscoll Property is not Tanguy’s

17

17

4476732v1 4476732v1

PTRE had the right to a jury trial on Finally, Appellants argue that PTRE on its plea in

intervention. The intervention. PTRE’s plea in intervention.

The District Court has not ruled on PTRE’s intervention.

PTRE is not yet a party to the proceeding below Therefore, PTRE below and cannot be an

appellant in this case. Accordingly, this argument should be disregarded because

PTRE has no standing to make PTRE make such argument in this appeal.

7. The Court The Court Lacks Review the Receiver’s Appointment Lacks Jurisdiction to Review Appointment as Master in Chancery. Master

final argument is that the District Court abused its discretion by Appellants’ final by

granting master in chancery powers to the Receiver. This Court does not have

jurisdiction to consider this argument.

which is generally considered “[U]nlike a post-judgment turnover order, which

appealable—a post-judgment order appointing a master in chancery is not final and appealable—a final

final and appealable.” Sheikh v. final v. Sheikh, 248 S.W.3d App.—

S.W.3d 381, 393 (Tex. App.—

Houston [1st Houston Dist.] 2007, no pet.). There is no appellate jurisdiction over an order [lst Dist.]

when that order is embedded appointing a master in chancery even when embedded within a

turnover-and-receivership order. turnover-and-receivership Id. (citing Mayer order. Id. Moyer v. Mayer, Moyer, 183 S.W.3d 48, 51

183 S.W.3d 12. 51

App.—Austin 2005, no pet.)).

(Tex. App.—Austin “The Mayer “The Moyer court reasoned that a post-

judgment final and appealable because Rule of judgment master-in-chancery order is not final

Civil Procedure 171, which authorizes the order’s entry, requires further action by 171, which by

homestead non-exempt rental property. homestead and is non-exempt property. Therefore, Steenland is not applicable because there is no dispute non-exempt.

over whether the Driscoll Property is non-exempt.

18

18

4476732v1 4476732v1 the court; a master-in-chancery order is, final in the sense that it is, therefore, not final it can

tumover-and-

Id. Instead, the master in chancery portion of a turnover-andbe appealed.” Id.

mandamus. Id.

receiver order is only subject to review through mandamus. Id. at 394; see also

Bahar v. Lyon Fin. Bahar v. Fin. Servs., 330 S.W.3d App.—Austin 2010, pet.

S.W.3d 379, 388 (Tex. App.—Austin

denied) (citing Mayer S.W.3d at 324 (same).

Moyer and Sheikh); Tanner, 274 S.W.3d

Appellants cite only one unpublished decision in support of their argument

that the District Court could not grant master in chancery powers to the Receiver.

Congletan v.

See Congleton 09-1 l-00453-CV, 2012 Shoemaker, No. 09-11-00453-CV, v. Shoemaker, WL 1249406 2012 WL 1249406 (Tex.

App.—Beaumont Apr. 12, App.—Beaumont 12, 2012, pet. denied) (mem. op.).

op.). However, the first

had vacated the master in footnote in that decision indicates that the trial court had

chancery portion of the receivership order prior to the appeal and, therefore, the

appellate court did not discuss any master in chancery issues. Id.

Id. at n.1.

n.l.

Accordingly, this Court lacks jurisdiction to adjudicate the master in

made by

chancery arguments made Appellants.6 by Appellants. 6

PRAYER PRAYER

affirm the District Court’s Receiver Order, In conclusion, this Court should affirm

Turnover Order, and Sale Order and grant such other relief as is just.

just.

65 Under the heading of its seventh point on appeal, Appellants Under two final, Appellants slip in two arguments regarding the final, frivolous arguments “bias" and her fees. First, any appeal of the Receiver’s fees is premature.

Receiver’s alleged “bias” premature. She has not been awarded non-exempt property due to this awarded any fees because she has not been permitted to sell any non-exempt appeal. Second, as this appeal.

was the movant

stated above, the Receiver is an appellee in this case because she was movant in two two of three orders from which from which

the Appellants appealed.

19

19

4476732v1 4476732v1

Date: January 2, 2015.

Respectfully submitted,

PORTER P HEDGES

ORTER H LLP

EDGES LLP

By: /s/ Aaron

/S/ Power

Aaron J. Power

Joshua W.W. Wolfshohl State Bar No. 24038592

No. 24038592

jwo1fShoh1@porterhedgeS.com jwolfshohl@porterhedges.com Aaron J. Aaron Power

J. Power

Bar No.

State Bar 24058058

No. 24058058

apower@porterhedges.com 1000 Main 1000 36”th Floor Main Street, 36

77002

Houston, Texas 77002

226-6000

(713) 226-6000

228-1331 (fax)

(713) 228-1331

ATTORNEYS FoR ATTORNEYS F OR APPELLEE

APPELLEE

WILLIAM WILLIAM G. WEST, CHAPTER

WEST, CHAPTER 7

TRUSTEE T RUSTEE

and and

By: Eva S. Engelhart /s/ Eva /S/ Eva S. Engelhart Eva

Bar No.

State Bar 00796513

No. 00796513

May, Cron

Ross, Banks, May, & Cavin, P.C.

Cron &

2 Riverway, Suite 700

77056-1919

Houston, Texas 77056-1919 626-1200

(713) 626-1200

623-6014 (fax)

(713) 623-6014

Court Appointed Court Appointed Receiver

20

4476732v1 4476732v1

CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE

Pursuant to Rules 6.363 and 9.5(b), (d), of the Texas Rules of Appellate (d), and (e) of 2nd day of January 2015, a true and correct on this 2nd

Procedure, this is to certify that on was served on the following counsel of record by copy of the foregoing was by U.S.

U.S. first

by electronic delivery as follows:

class mail and by

Joe Alfred Izen, Jr. 5222 Spruce Street

77401

Bellaire, Texas 77401 jizen@comcast.net

Tcmguy, 13500

Attorney for Appellant Philippe Tanguy, Attorneyfar 13500 Air express, L.L.C., express, 13500 Air Express, L.L.C., 13500 Express, L.P. and L.P. and

Intervenor, PTRE Intervenor, PTRE Holdings, Holdings, L.P.

L.P.

Power

Aaron J. Power

/s/ Aaron

Power

Aaron J. Power Aaron

21

4476732v1 4476732v1

CERTIFICATE OF CERTIFICATE COMPLIANCE OF COMPLIANCE

type-Volume limitation of Texas Rule of This brief complies with the type-volume

Appellate Procedure 9.4(i)(2)(C)

9.4(i)(2)(C) because this brief contains 4,722 words,

exempted by

excluding the parts of the brief exempted of Appellate Procedure by Texas Rule of

9.4(i)(1). 9.4(i)(1).

This brief complies with the typeface requirements of Texas Rule of

Appellate Procedure 9.4(e) and the type style requirements of Texas Rule of

Appellate Procedure 9.4(e) because this brief brief has been prepared in a proportionally

Word in 14-point

spaced typeface using Microsoft Word Times New 14-point Times Roman font or New Roman

larger.

/s/ Aaron Power

Aaron J. Power

Aaron J. Power Aaron J. Power

22

4476732v1 4476732v1

APPENDIX TAB APPENDIX A

TAB A

Motion to Sell Real Property at 1714 Motion 1714 Driscoll Street

8333-001/ESE

NO. 2013-67779

WILLIAM G WEST, IN THE DISTRICT COURT OF AS CHAPTER 7 TRUSTEE OF RICHARD DAVIS, Plaintiff

VS. (0)¢0'3¢01<0)f0><0)¢0>¢03¢0Jf0!<0‘!

HARRIS COUNTY, TEXAS

PHILIPPE TANGUY, 13,500 AIR EXPRESS, LLC, AND 13,500 AIR EXPRESS, LP, Defendants 270"‘ JUDICIAL DISTRICT

MOTION TO SELL REAL PROPERTY AT 1714 DRISCOLL ST.

COMES NOW, Eva Engelhart, Court Appointed Receiver, in the above entitled case, and would move the Court to sell real property subject to the Contract of Sale attached hereto.

1.

In support of this motion, Receiver would show that heretofore in this cause, Judgment

was rendered in favor of Plaintiff, William G. West, Trustee, against the Defendants on March

30, 2010, which judgment has now become final. Plaintiff proceeded to collect the judgment

by conducting extensive post judgment discovery, issuance of writs, and attending mediation.

At all times, the Debtor was non-compliant and obstructive. Ultimately, the Plaintiff was

forced to domesticate the judgment in Texas State Court and appoint a Receiver which

receivership order was singed April 25, 2014. A true and correct copy of the receivership order is attached hereto as Exhibit A and incorporated herein by reference. Pursuant to the

Receivership Order, the Court authorized the Receiver to retain a real estate broker and sell

non-exempt real property located at 1714 Driscoll St. The Receiver retained, Joanne Roamer,

of BHGRE Gary Greene, which Listing Agreement is attached hereto as Exhibit B. Pursuant to

APPENDIX A

A

Roamer’s analysis of the property value, it was listed for $495,000.00. Ms. Roamer began

marketing the property and it is currently under contract for a pending sale for $540,000.00.

See Residential Contract attached hereto as Exhibit C.

NATURE OF THE NEGOTIATIONS AND CONTRACT Ms. Roarner received multiple offers for the property ranging from the asking price to

$525,000.00. The receiver requested proof of funds and asked the broker to request the best

and highest offer from all bidders. Four offers came in ranging from $525,000.00 to

$540,000.00 cash with proof of ftmds and minimal closing expenses for the seller. The

Receiver accepted the $540,000.00 and entered into the attached contract. This amount is the

highest price to date in the neighborhood for a home of the size sold. The lot will be used for a

new construction of a single family home.

Per the estimated preliminary HUD Statement, attached hereto as Exhibit D, the two

mortgages on the property will be paid off for a total of $191,564.67, amount based on

November 2013 figures. The title company and receiver are seeking cooperation from the

mortgage companies and debtor to obtain current payoffs and anticipate the payoffs to be slightly

less than in 2013. The real estate broker will be paid $32,400.00 Additional closing costs are

$145.99 and the prorated taxes are $6,679.46. The net to the Receiver will be approximately

$309,206.28. After the receiver’s fee of 25% pursuant to the receivership order, the Plaintiff

will receive approximately $231,904.71 toward the judgment. The Defendant previously

alleged that the property would yield a higher balance to the Plaintiff if sold at a constable’s sale.

Such fire sales are for bidders interested in paying, no more than, very small premiums above the

lien price and the receiver’s fee would still apply to any amount above the liens. Consequently,

a Constable’s sale would not yield a payment toward the judgment of over $200,000.00.

Plus, further marking of the property may become counter-productive as outstanding

mortgage payments would accrue on the property. The two mortgage companies are aware of

the sale and the second mortgage payment is currently not due until August 3. The first

mortgage payment was due July 1, but the mortgage company was made aware that they will be

paid at July 31 closing.

Wherefore premises considered, Receiver prays for the court to authorize the sale and

distribution of funds as stated above and for such other and further relief to which Receiver may

show herself entitled at law or in equity.

Respectfully submitted, ROSS, BANKS, MAY, CRON & CAVIN P.C.

BY: Eva S. Engelhart #007965l3 2 Riverway, Suite 700 Houston, Texas 77056-1918 713/626-1200 (PHONE) 713/623-6014 (FAX)

CERTIFICATE OF SERVICE

Ihereby certify that a true and correct copy of the foregoing document has been mailed to the Defendant’s attorney of record, Joe Alfred Izen, Jr., on July 2014, Certified Mail No.

,

7002 2410 0001 9171 7071, Return Receipt Requested, addressed to 5222 Spruce St., Bellaire, Texas 77401.

Eva S. Engelhart

8333-001/ESE

NO. 2013-67779

WILLIAM G WEST, IN THE DISTRICT COURT OF AS CHAPTER 7 TRUSTEE OF RICHARD DAVIS, Plaintiff

VS. COJCOJEO!(0H'0H0>(-0)(0‘!<01¢01<0)

HARRIS COUNTY, TEXAS

PHILIPPE TANGUY, 13,500 AIR EXPRESS, LLC, AND 13,500 AIR EXPRESS, LP, Defendants 270T" JUDICIAL DISTRICT

ORDER TO SELL PROPERTY AT l7l4 DRISCOLL ST.

Plaintiffs Motion To Sell Real Property at 1714 Driscoll St. having been presented, and it

appearing to the Court that this motion in all respects should be granted.

IT IS THEREFORE ORDERED: l. The Received is authorized to sell the property at 1714 Driscoll St. per the contract

attached hereto as Exhibit C.

2. Any encumbrances filed/asserted against the property at 1714 Driscoll St. by

Philippe Tanguy, 13500 Air Express LLC, and 13,500 Air Express L.P. and/or any of their

agents, entities controlled by him, etc. are ordered void and/or released as a matter of law.

3. Philippe Tanguy is to instruct Nationstar and CitiBank mortgages to provide current

payoffs to the Receiver and her title company and cooperate fiilly with the Receiver and her title

company.

4. That a Receiver’s Deed for the property at 1714 Driscoll St., is a valid legal deed by

which good title is to be transferred at closing;

SIGNED this the day of , 2014.

Judge Presiding

APPROVED: ROSS, BANKS, MAY, CRON & CAVIN, P.C.

BY:

Eva S. Engelhart #00796513 2 Riverway, Suite 700 Houston, TX 77056-1918 713/626-1200 (PHONE) 713/623-6014 (FAX)

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been mailed to the Defendant’s attorney of record, Joe Alfred Izen, Jr., on July , 2014, Certified Mail No. 7002 2410 0001 9171 7071, Return Receipt Requested, addressed to 5222 Spruce St., Bellaire, Texas 77401.

Eva S. Engelhart

é '

Filed 13 November 14 P3.27 Chris Dantel - Dlstrlct Clerk Harris County ED101J017821157

No 2013-67779 By: john scott

WILLIAM G WEST, § IN THE DISTRICT COURT OF AS CHAPTER 7 TRUSTEE OF § ’ RICHARD DAVIS, § Plamtrff § §

vs § HARRIS COUNTY, TEXAS §

PHILLPPE TANGUY, 13,500 AIR § EXPRESS, LLC, AND 13,500 AIR § 270th JUDICIAL DISTRICT

5 EV X

EXPRESS, LP, § .

Defendants §

ORDER GRANTING TURNOVER AND APPOINTING RECEIVER AND MASTER On thls day came on to be heard the ApplIcatIon for Turnover After Judgment And For Appotntmcnt of Rccetver and Master of Platntlff-In-Judgment, WIllIam G West, as the chapter 7 trustee of the estate of Rrchard DavIs, (“Applrcant”) Afler the Court's revrew of the papers herem on file and all

testtmony and evndence, became of the opInIon that Appltcant Is enutled to collect upon a final, valrd

and subsrstmg Judgment agamst Defendants-In-Judgment, PhIlIppe Tanguy, 13,500 AIr Express, LLC, and l3,500 AIr Express, LP (“Respondents"), saId Judgment havmg been sxgned on March 30, 2010, In

the Unlted States Bankruptcy Court for the Southern DIstrIct of Texas, Houston, DIvIsIon (“Bankruptcy Court”) There remaIns a total amount due and owtng under the Judgment In the sum of$l,2l4,27l 55,

plus postjudgment Interest accrumg at the apphcable federal rate of 42% from fourteen dates after th

date of entry of the Judgment

The Court finds that ApplIcant has a good faIth reason to belIeve that Respondents own property (54 )

Includmg present or future nghts to property, that cannot be attached or levted on by ordmary legal

process and whtch Is not exempt from attachment, executton, or setzure for the satIsfactIon of lIabIlItIes

The Court finds that Appltcant Is entttled to aId from thIs Court and It Is therefore, ORDERED, ADJUDGED AND DECREED l whose address Is 2 Rtvenzvay, SuIte 700, Houston, Texas

77056, phone (713) 626-I200 ext 4020 1S hereby appotnted ReceIver In thIs cause pursuant to the

Texas Turnover Statute to serve afier postmg bond In the sum of $100 00 and takmg the oath of office

wIth all the power and authonty to take possessIon of all non-exempt property of Respondents that Is In

the actual or construcIIve possessIon or control of Respondents, Includmg but not Itmtted to all cash,

accounts recewable (Includmg lease payments, notes recewable, promtssory notes, drafis and checks,

34655J8vl monies on deposit in financial institutions, financial accounts (bank accounts) brokerage accounts, certificate of deposits, money market accounts, accounts held by any third party, stocks, bonds, all

securities, all real property, deeds to real propeny, titles to automobiles or other vehicles, boats, planes,

all safety deposit boxes or vaults and the contents therein, monies received by the Respondents in the

form of checks, cash or credit card payments or receipts, any and all causes of action or chooses of

action, contract rights whether present or future, and all furniture, fixtures, equipment, supplies and

inventory, and all documents, books and records related to any of said property (including financial records) that is in the actual or constructive possession or control of Respondents, and to pay the

proceeds to the Receiver to the extent required to satisfy the amount owed under the judgment and this

receivership Receiver is authorized by the Court to obtain a writ of possession for any non-exempt real

property of Respondents and to obtain credit reports, bank searches and other reports to aid in locating

nonexempt property Receiver may order any Consumer Reporting Agency, as defined by the Fair

Credit Reporting Act (“FCRA") Section 16 USC Section l68lb(f) to provide consumer reports on

Respondents and witnesses as allowed under FCRA Section 168lb(a)(l)

2 That Applicant is awarded against Respondents and Respondents shall pay to Applicant the

sum of $500 00 in additional attorney's fees,

3 That any constable, deputy constable, sheriff, deputy sheriff or any other peace officer is

hereby authorized to accompany Receiver pursuant to a writ to locations designated by Receiver where Receiver believes Respondents’ assets may be located, said peace officers being hereby Ordered to

prevent any person(s) from interfering with the Receiver from carrying out any duty under this Order or

interfering with any property in control of the Receiver, or any property subject to this Order

4 The Receiver is hereby authorized to take all action necessary to gain access to all real

property, leased premises, storage facilities and safe deposit boxes wherein any real and/or personal

propeny of Respondents may be situated and to seize the contents thereof

5 That any person or any agent of any person, with actual notice ofthis Order is not to interfere

with any propeny in control of the Receiver or subject to this Order, and is further Ordered not to

interfere with the Receiver in the carrying out of any duty under this Order Third parties are hereby

notified that the Receiver, to the exclusion of the Respondents, IS the party entitled to possess, sell,

liquidate and otherwise deal with Respondents’ non-exempt real and personal propeny and once any third party receives notice of this order, they may be subject to liability should they release any propeny

to Respondents unless directed by the Receiver or the court

J-16S538vl 6 ReceIver Is authonzed but not requIred to (a) dIsable or remove any non-exempt property belongtng to the Respondents or 'to place the property Into storage (b) Insure any property taken Into her

possessIon, and (c) change the locks to premIses belongmg to the Respondents 7 That Respondents make a full and complete dtsclosure to the Recetver of all of Respondents‘

non-exempt assets and to netther dtrectly nor Indtrectly Interfere or Impede the Recetver In her

performance of her dunes under thIs Order 8 Recetver shall have the power to subpoena from Respondents, thIrd partIes and wttnesses

productIon of documents, thIngs and Infon-natton Includmg but not lImIted to matters concemmg the

exIstencc, locatton, and/or value of Respondents’ assets and Respondents’ locatIon 9. That It Is hereby ordered that Recetver pay herself as receIver's fees an amount equal to 25% percent of all proceeds commg Into her possessIon (not to exceed 25% of the amount owed under the Judgment and receIvershIp), whtch shall be taxed as costs agamst Respondents, whtch the court finds IS

faIr, reasonable and necessary fee for the Recetver, and whIch receIver’s fees are In addmon to the

amounts owed under the Judgment and thIs receIvershIp, and Is further dIrected and authonzed to pay

ApplIcant’s attorney as Trustee for the Appltcant the remaInIng 75% of all proceeds comtng Into ReceIver's possessIon No receIver’s fee exceedtng 25% of all proceeds commg Into her possessIon shall

be paId to the ReceIver unless an applIcatIon Is filed wIth and ruled by thIs court wIth notIce and

opportumty for heanng granted for ApplIcant and Respondents All ReceIver's fees wIll be taxed as

costs agatnst the Respondents 10 That to the extent owed under the tumover and receIvcrshIp, Respondents turnover to the

ReceIver at ReceIver's address stated above, wIthIn ten (10) days of Respondents’ recetpt of a copy of

thts Order, all checks, cash, secuntIes (stocks and bonds), promIssory notes, documents of tItle and

contracts, and Is hereby Ordered to conttnue to turnover to the ReceIver at the ReceIver's address all of

satd checks, cash, securItIes (stocks and bonds), promIssory notes, documents of tItle and contracts

wIthIn three (3) days from Respondents‘ recetpt and possessIon of such property, If, as and when Respondents become In recetpt and possessIon of any such property I l That Respondents are Ordered to turnover and delIver custody to the Recewer wIthIn ten (10)

"A" attached

days from Respondents’ recetpt of a copy of thts Order, the documents descnbed In ExhIbIt

hereto, together wIth all other documents and records requested by the ReceIver I2. SpecIal Master. The appoIntment of a SpecIal Master Is _]uS[lfi€d to and the Court In the

performance of specIf'Ic dutIes whIch a sIttIng court cannot undertake, lIke servtng wrIts, levytng on

property, travelmg throughout the state to locate and Inspect assets, deltvermg the property to sales lots,

J06S538vI and advertising for and locating prospective buyers, among other tasks A master will conserve the

resources of the Court on post Judgment matters, including locating and liquidating property Since the

Court cannot order a witness to travel more than 150 miles, a master is needed to travel to interview

witnesses

13 Appointment of a master will result in the need for fewer hearings, lower attomeys' fees,

and will protect the economic interests of the Applicant and Respondents

14 A master is able to immediately issue orders, rather than incumng the delays required for the

opportunity to be heard in open coun Otherwise, property, evidence, and witnesses can easily

disappear before a hearing can be held

15 The Receiver shall be appointed Master in Chancery, to have the broadest powers allowed

by the rules Good cause exists to appoint a master The master should be familiar with post Judgment

enforcement and the Receiver is All uses of the terms “Receiver" and “Master,” include the other term,

as allowed by law 16 The Master's duties are limited to locating non-exempt assets and the records that detennine

the ownership of the assets, their value, and the liens against the assets, and reporting her findings to the

Coun lf approved, the Master‘s findings will be binding.

17. Other Special Orders"

18. Notice: An Order of the Court has been entered against you. You have the right to hire

an attorney to assist you in compliance with this Turnover Order.

/ .

20

Signed this day of ,

Judge Presiding

346S$]3vl

Approved

Porter Hedges LLP /s/ Aaron} Power Joshua W Wolfshohl State Bar No. 24038592 Aaron] Power State Bar No. 24058058 1000 Mam St 36"‘ Floor ,

Houston, Texas 77002 (713) 226-6000 (713)228-1331 (fax)

Attorneys for the Applicant

l46S538vI

EXHIBIT "A"

DOCUMENTS TO BE PRODUCED

l Provide true, correct and complete copies ofall personal and business federal income tax returns filed by or prepared for Respondents for the current year and for the last three (3) years prior to the current year, together with all schedules, attachments, W-2 foniis, I099 foniis and all similar federal income summary forms for the satiie years

2 Provide all statements, canceled checks and deposit slips for all checking accounts, savings accounts, credit union accounts or other depository accounts, held either separately or Jointly, for the current calendar year and for the last three (3) years prior to the current calendar year for all accounts in which Respondents‘ name is on the printed checks. in which Respondents have an interest and/or in which Respondents have signatory authority

3 Provide true, correct and complete copies of all financial statements prepared by or on behalf of Respondents within the last three (3) years, including but not limited to, all such statements presented to any financial instinition and/or any other party for the purpose of guaranteeing, securing or attempting to secure a loan or financial assistance of any kind

4 All booklets, current andlor annual statements and all other documents evidencing the nature and extent of Respondents’ rights under any stock option plan, retirement plan, pension or profit sharing plan, employee stock ownership plan, company savings plan, thrifl fund matching plan and all other similar plans prepared or received during the last three (3) years

5 Provide the most recent statements, deposit confirmation slips, documents evidencing the balance, term and interest rates foreach and every amount of money and assets in which Respondents have any interest, whether separately or tointly, invested by or for the Respondents in any cash management funds, certificates ofdeposit, money market funds, treasury bills, bonds, debentures or any other type investment and acquisition paying or promising to pay a return on Respondents‘ monies invested during the current year and for the three (3) calendar years prior to the current year

6 Provide all certificates of stock and/or brokerage house statements evidencing all ownership and every purchase, sale, assignment or transfer of stocks, bonds, debentures and/or other securities (whether in privately held or publicly traded companies or institutions) owned by Respondents or in which Respondents have a beneficial interest

7 documents and records ofevery kind or character showing all business holdings, partnerships Provide all

and any other business organizations of (general, limited or otherwise), sole propnetorships, trust, corporations, joint ventures every kind in which Respondents are a partner or has an interest and any and all assumed name certificates under which Respondents have done or are doing business

8 Provide all policies ofinsurance active and terminated in the current year and two (2) calendar years prior year whether life, health, auto, disability, homeowners, personalty or otherwise ofwhich Respondents are the to the current owner, beneficiary, insured, heir to the proceeds, beneficiary ofexisting or identified trust funded by insurance proceeds

9 Provide all deeds, deeds of trust, land installment contracts, contracts for deeds, syndications, real estate investment trusts, partnership agreements, easements, rights of way, leases, rental agreements, documents involving mineral interests, mortgages, notes and closing statements relating to all real property in which Respondents now have or in which

Respondents had an interest during the last three (3) years

l0 Provide all certificates of title, current licenses, receipts, bills of sale and loan documents for all motor vehicles and farm equipment, including but not limited to automobiles, inicks, motorcycles, recreational vehicles, boats, trailers, airplanes and other motorized vehicles and equipment owned by Respondents or in which Respondents have and had any interest

I l trust of which Respondents are a trustee, j0l|'II tnistee, beneficiary, seiilor or tmstor which For every

conveyed, transferred, assigned, created any options to purchase, or disposed of any interest in real propeny or personal property in any manner during the last three (3) years, please ftimish documents evidencing the manner ofdisposition and the

consideration received or to be received Also, furnish all documents showing all evaluations of Respondents‘ interest. share ofprincipal and income and documents showing the principal and income allocated to Respondents whether or not distributed during the last three (3) years

)46S538vl

I2 Produce all documents and records ofall safe deposit boxes maintained by Respondents and to which Respondents have had access, or has a claim, right or interest in, including all lists ofall contents therein ldeniify the location of all said safe deposit boxes

l3 Produce all documents constituting and/or describing all accounts receivable ofkespondents whether or not collected Also provide all documents identifying all accounts receivables ofall ongoing businesses which Respondents own and in which Respondents had and have an interest and it copy ofall collected, offset. credited, uncollected, discounted, assigned, pledged and exchanged accounts receivables

14 lfany real estate in which Respondents or ifapplicable, Respondents‘ present spouse have an interest has been appraised within the past three (3) years, furnish a copy of each appraisal

15 If any personal property in which Respondents or if applicable, Respondents‘ present spouse has an interest has been appraised within the past three (3) years, furnish a copy ofeach appraisal

I6 lf an inventory or list of personal property has been made by Respondents or if applicable, Respondents’

present spouse within the past three (3) years, fumish a copy ofsuch inventory or list including all estimates ofvaluc placed on each item

17 Produce all documents, notes, bills, statements and invoices evidencing all current indebtedness payable by Respondents or paid offdunng the last three (3) years and all assignments ofpromissory notes made by Respondents during the last three (3) years

18 Produce all lease agreements for personal property and real property executed by Respondents within the years andlor which are currently in effect, whether as lessee, lessor, sublessee, sublessor, assignee or assignor, last three (3) including any mineral interest leases

l9 Produce all records ofall travelers checks, cashier's checks, money orders, drafi and draws purchased or cashed within the last three (3) years

20 Provide the names. addresses and telephone numbers ofall organizations and persons within Respondents‘ knowledge who has or may have knowledge of the status of property in which Respondents have and had an interest, whether being community or separate property, the liabilities of Respondents and/or the location and value of any assets of Respondents lnclude banks, savings and loan associations, mongagees, merchants, credit providers, brokers, credit unions, financial institutions, security dealers, people and organizations dealing with mineral interests who have received information from Respondents regarding or including information about Respondents’ assets and assets in which Respondents have an ll‘ll¢|’CSL, Respondents‘ income and Respondents‘ liabilities

21 Provide documents and all records which would indicate the cost basis of assets presently owned by Respondents

22 Provide a copy of the current inventory and all past inventories, accounts receivable of all ongoing businesses which Respondents own and in which Respondents had and hasvcan interest and a copy of all collected, offset, credited, uncollected discounted, assigned, pledged and exchanged accounts receivable of all businesses owned by Respondents and in which Respondents have and had an interest

23 Provide all contracts in which Respondents are a party or in which Respondents have or had a beneficial interest,including but not limited to any earnest money contracts, construction contracts and sales agreements in which Respondents are due a commission or other remuneration lfRespondents are presently under the terms ofany written employment contract and/or agreement or is due any remuneration under any past contract or agreement, furnish a true copy of said contract or agreement

24 Provide minute books, ledgers, corporate records and resolutions penaining to Respondents or penaining to

any corporation In which Respondents have an interest

3465538vl 25 Provide documents by which every gifl, bailment, loan, gratuitous holding assignment, sale, hypothecation, discounted transfer, transfer into lock box payment and transfer of Respondents’ property during the last three (3) years, including, but not limited to, all property described hereinabove and any other propeny of any nature

26 Provide documents and records ofevery kind and character showing all personal property in which Respondents have and had an interest in the State of Texas, the United States of America or any other place

27 Provide copies of the Anicles of Incorporation, pannership agreements and assumed name records of all companies, partnerships, corporations and proprietorships that have owners, employees. officers. directors, shareholders and partners which are or were also owners or employees ofkespondents

28 Provide employment records or pay records to indicate every business for which Respondents were employed, provided services, was an independent contractor, general contractor, superintendent, agent or subcontractor during the last three (3) years

29 To the extent not already produced in response to the foregoing, produce the following property, documents and records which Respondents own or have an interest all checks, cash, securities (stocks and bonds), promissory notes, deeds, deeds of trust, documents of title, contracts, accounts receivable, escrow agreements, retainage agreements, records and all documents that identify all property in which Respondents have an interest and that which is collateral or security for any obligation or contingent obligation of Respondents, along with all documents indicating any Interest of the Respondents in rental agreements, royalty agreements, licenses, bailment agreements, filings pursuant to the Uniform Commercial Code, security agreements, assignments, all filed or recorded liens, lis pendens, lawsuits, recorded Mechanics and Maicria|men's Lien Affidavits, Judgments, abstracts, partnership agreements, employment agreements, as well as all documents indicating Respondents’ present and prospective heirship, beneficial interest In trusts, beneficial interest in insurance policies and insurance coverage and right to any insurance policy's cash surrender value or ownership

l465S38vl

LISTING AGREEMENT

l. This agreement is made by and between Eva Engelhart, in her capacity as Receiver and Master of Plaintiff-in Judgment, William G. West, as the chapter 7 trustee of the estate of Richard Davis, Case # 2013-67779, 270"‘ District Court, Harris County, Texas, hereinafter referred to as “Seller” and Joanne Roemer of Better Homes and Gardens Real Estate (BHGRE Gary Greene), hereinafter referred to as “Realtor”, pursuant Gary Greene

to Court Order dated May 30, 2014.

In consideration of the services to be performed by Joanne Roemer, hereinafter called Realtor, l hereby authorize the listing of the following property for sale by her as the exclusive agent for a period of June 17, 2014- September 30, 2014. Realtor agrees to use her best efforts to obtain a buyer for said property.

. Property Address: LT 14 BLK 72 HYDE PARK MAIN SEC 6, Hyde Park Court, Harris County, Texas, commonly known as 1714 Driscoll St., Houston, Texas 77019. A. Improvements: The house, garage and all other fixtures and improvements attached to the above-described real property, including without limitation, the following permanently installed and built-in items, if any: all equipment and appliances, valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas and satellite dish system and equipment, mounts and brackets for televisions and speakers, heating and air-conditioning units, secinity and fire detection equipment, wiring, plumbing and lighting fixtures, chandeliers, water softener system, kitchen equipment, garage door openers, cleaning equipment, shmbbery, landscaping, outdoor cooking equipment, and all other property owned by Seller and attached to the above—described real property.

B. Accessories: The following described related accessories, if any: widow air conditioning units, stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, door keys, mailbox keys, above-ground pool, swimming pool equipment and maintenance accessories, artificial fireplace logs, and controls for; (i) satellite dish systems, (ii) garage doors, (iii) entry gates, and (iv) other improvements and accessories.

Listing Price: $495 000.00. Any and sale is subject to court approval. All closing costs fees (except Broker’s fee) are to be paid by Buyer. Taxes shall be prorated to the date of closing and be deducted by escrow agent at closing and paid. All other sums are to be paid to the Receiver. Any expenses incurred by Realtor in connection with the sale shall be at her cost.

5. Special conditions:

A. Conveyance is to be made by Special Warranty Deed. Seller will convey such interest as she has by virtue of her position as Receiver.

B. Sale is WITH ALL FAULTS” SELLER AND REALTOR MAKE NO “AS IS,

REPRESENTATIONS OR WARRANTIES AS TO THE PROPERTY, ITS CONDITION, ITS TITLE OR ITS SUITABILITY FOR ANY PURPOSE. BUYER IS ADVISED TO SATISFY HIMSELF AS TO THE PROPERTY, ITS CONDITION AND SUITABILITY.

6. Rea1tor’s Fees: Seller agrees to pay Realtor a commission of 6% of the gross sales price.

Realtor’s fee shall be paid by seller pursuant to Court order dated 5/30/14. No fee shall be earned unless there has been a closing on the sale of the property. Should the Court not approve said fee or find a lesser fee proper, then that fee approved by the Court, if any, shall be the agreed fee to be paid to Realtor.

7. Notices: all notices shall be in writing and effective when delivered. Notices to Realtor shallbe to Joanne Roemer, 17250 El Camino Real, Houston, Texas 77058, Phone 281- 486-1900, Fax 281-486-9201. Notice to Seller: Eva Engelhart, Receiver for Philippe Tanguy, Ross, Banks, May, Cron & Cavin, 2 Riverway, Suite 700, Houston, Texas 77056, Phone 713-626-1200, Fax 713-623-6014.

8. This listing agreement contains the entire agreement between the parties and may not be changed except by written agreement, approved by the Court.

Dated this day of , 2014.

Realtor: Joanne Roemer BHGRE Gary Greene

Eva Engelhart in her capacity 832%/er for Philippe Tanguy

Docusign Envelope ID: EBCAE6EE-9BAE~4B27-883A-83BC757B1037

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

#251014

.;'n’.‘.'?’..%‘$

ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE)

NOTICE: Not For Use For Condominium Transactions

PARTIES: The Eva zngelhax.-t:,court 1.

(Seller) and

parties to this contract are Croix (mecca Horus

gointed , Receiver seller agrees to sell and convey (Buyer).

to Buyer and Buyer agrees to buy from seller the Property defined below.

2. PROPERTY: The land, improvements and accessories are collectively referred to as the “Property”.

A.LAND: Lot 14 Block 72 Hyde Park Main Sec 6 Addition. City of fiouggon County of Ba: '

Texas, known as

.

1714 Driscoll st. 77019 (address/zip code), or as described on attached exhibit.

B. IMPROVEMENTS: The house. garage and all other tlxtures and improvements attached to the above-described real property, including without limitation, the following permanently and built-in items. if any: all equipment and installed appliances, valances, screens, shutters, awnings,

and brackets

for televisions and speakers. heating and air~conditioning units. security and fire detection equipment, wiring. plumbing and lighting fixtures, chandeliers. water kitchen equipment. garage door openers. softener system, cleaning equipment, shnibbery, landscaping, cooking equipment, and all other property owned outdoor by Seller and attached to the above described real property. 0. ACCESSORIES: The following described related accessories, it any: window air stove. fireplace screens, curtains and rods, blinds. conditioning units.

window shades, draperies and rods. door keys.

mailbox keys, above ground pool, swimming pool equipment and maintenance accessories.

artificial fireplace logs, and controls for:

(i) garage doors. (ii) entry gates, and (iii) other improvements and accessories. D. EXCLUSIONS: The toilowing improvements and accessories will be retained by Seller and must be removed prior to delivery of possession:

3. SALES PRICE:

A. Cash portion of Sales Price payable by Buyer at closing 8. Sum of all financing described below (excluding any loan funding , , , , _ , _ _ _ _ _ _ _ _ _ , 5 540 ,ooo oo .

lee or mortgage insurance premium) 0. Sales Price (Sum otA and B) .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

$ .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..$ 540 O00 00 FINANCING (Not

.

use with reverse mortgage financing): The ,

4. tor portion of Sales Price not payable in cash will be paid as follows:(Check applicable boxes below)

[I A. THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of

s Nil. (excluding any loan funding fee or mortgage insurance premium).

(1) Property Approval: it the Property does not satisfy the lenders‘ underwriting requirements for

the loan(s) (including, but not limited to appraisal, insurability and lender required repairs), Buyer may terminate this contract by giving notice to Seller prior to closing and the earnest

money will be refunded to Buyer.

(2) Credit Approval: (Check one box only) [j (a) This contract is subject to Buyer being approved for the financing described in the attached Third Party Financing Addendum tor Credit Approval.

[X] (b) This contract is not subject to Buyer being approved for linancing and does not involve FHA

or VA financing.

[:1 B. ASSUMPTION: The assumption oi the unpaid principal balance oi one or more promissory notes described in the attached TREC Loan Assumption Addendum.

[1 C, SELLER FINANCING: A promissory note from Buyer to Seller of $ Nflt secured by vendors and deed of and containing the terms and conditions described in the attached trust liens,

.

TREC Seller Financing Addendum. if an owner policy oi title insurance is furnished, Buyer shall lumish Seller with a mortgagee policy of titlgmsurance.

a I I TAR 1601 initialed for identification by Buyer L4'_l’_ and Seiler_; THEC NO. 20-12 '

;umzc.,,a.....n,Aia,insoacmiaiohdi!an-uetx77iisa K’*’“' h-alum mo ugmmm

n.aie2IiA K1: ui.ua.nrii vcu¢ino¢uInu;fanvony:upgniao1ofivunuhann.Fnua.wedg-nnams iriaoruast

Docusign Envelope ID: EBCAE6EE-98AE~4B27-883A-833075731037

1714 Driscoll St.

Contract Concerning

Houston. TX 77019 Page 2 oi 9 4-28-2014 (Address at Property)

5. EARNEST MONEY: Unon execution cl _this contract

S

a

§4________j

400 00

ent, at

as earnest money with .

2000 Berin Dr. Ste 1000 Hon by all parties, Buyer shall deposit Texas American Title as escrow 11 TX .

s all deposit additional earnest money ot $ dgys

atter the effective date of this contract. _,__:_____.______ (address), Buyer

Buyer to

with escrow agent within

required by s contract, Buyer will be in default.

It fails deposit the earnest money as 6. TITLE POLICY AND SURVEY:

A.TlTLE POLICY: Seller shall or title

furnish

to Buyer at Seller's insurance (Title Policy) issued by Texas American Titlgy U B er's e xp e an Owner me l‘

Company) In the amount of the Sales Price, dated at or alter p(9|”:x%

iosslunder the provisions of the Title Policy. subject to closing, insuring Buyer a ainst existing building and zoning ordinances) and the promulgated exclusions (inc?uding the following exceptions:

(1) Restrictive covenants common to the platted subdivision in which (2 The standard printed exception tor standby the Property is located.

fees, taxes and assessmems.

(3 Liens created as part oi the financing described in Paragraph 4.

(4) Utflity easements rxeated by the dedication deed or plat of the subdivision in which the Property is located.

(5) Reservations or exceptions otherwise pennitted by Buyer in writing. by this contract or as may be approved (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters. tidelmds, matters. beaches. streams, and related (8) The standard printed exception as to discrepancies, contlicts, encroachments or protrusions. or overtapping improvements:

lines,

shortages in area or boundary amended ordelete trom the titl policy; at the expense oi Buyer [5 Seller.

E (i)

(ii) will be amended to read, “shortages will not be

in area"

B. COMMITMENT: Within 20 days after the Title Company receives a copy of Seller shall iumish to Buyer a commitment for this contract, title insurance

expense. legible copies of restrictive covenants and documents (Commitment) and, at Buyer's Commitment (Exception Documents) other than the standard evidencing exceptions in the authorizes the Title Company to deiiver the Commitment printed exceptions. at Buyer's address shown in Paragraph 21. It and Exception Documents to Buyer the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time tor delivery will be automatically extended up to 15 days or 3 days betore the Closing Date. whichever is earlier. it, due to laclors beyond Seller's control, the Commitment and Exception Documents are not delivered within the time required, Buyer may terminate this contract and the earnest money will be refunded to Buyer.

C. SURVEY: The survey must be made by a registered prolessional land surveyor acceptable to the Title Company and Buyers lender(s). (Check one box only)

C) (1) Within days after the effective date oi this contract, Seller shall iumish to and Title Company Seller's existing survey oi the Property Buyer Attidavit promulgated by the Texas Department at and a Residential Real Property Insurance (T-47 Aflidavit). it Seller tails to turnish the existing survey or etfidevit within the time prescribed, Bu er shall obtain a new survey at Seller's expense no later than 3 days prior to Clos ng Date. ll the existing survey or affidavit is not acceptable to lender(s), Buyer shall obtain a new survey at days prior to Closing Date.

Seller's U D File Company or Buyers

Buyer's expense no later than 3 (2) Within 15 days atter the eflective date of this contract. Buyer shall obtain a new survey at Buyer's expense. Buyer is deemed to receive the survey on the date ol actual

D

receipt or

the date specified in this paragraph, whichever is earlier.

(3) Within days after the etlective date at this contract, Seller. at Seller's expense a new survey to Buyer.

shall turnish

D. OBJECTIONS: Buyer may object in writing to defects, exceptions. or encumbrances to title:

disclosed on the surve other than Items 6A(1) through above; disclosed in the Commitment other than terns 6A(1) through (8) above: or which prohibit the following use or activity: OXIS tion of on New sin la amil Rome Buyer must object the earlier of (i) the Closing Date or (ii) the Commitment, Excep tion Documents, and the survey. ____5_____ days after Buyer receives time allowed will constitute a waiver oi Buyer's right to object;

Buyefs failure to object within the except that the requirements in Schedule C of the Commitment are not waived by Buyer. Provided Seller is not obligated to incur any expense, Seller shall cure tg: timely objections of Buyer or any third party lender

#6

’-’

TAR Sellerfi .

1601 initialed tor identification by Buyer and TREC NO. 20-12 Produced with zipi=ume by xi"pLog‘ot more fifteen Mile Fined. Fraser. Michigan caozs mmmmzm rm Drixaill si

Docusign Envelope lD: EBCAE6EE-98AE~4B27~883A-8380757B1037

1714 Dziscoll St.

ContracIC°ncernln9 Houston. mx 77019 Pagesots 4-25-2014 (Addressowroparty)

within 15 days

alter Seller receives the objections necessary. it objections are not cured within such and the Closing Date will be extended as and the earnest money will be refunded to Buyer unless 15 day period, this contract will terminate Buyer waives the objections.

E. TITLE NOTICES:

promptly reviewed by an attorney of Buyers choice rrghtto object.

due to the time limitations on Buyers MEMBERSHIP

(2

to

IN PROPERTY OWNERS ASSOC|ATlON(S): The mandatory membership in a property owners Property Cl is is not subject E to mandatory membership in a property owners essociationls). It the Property is subject asscciation(s), Seller notifies Buyer under §5.0t2, Texas _Property Code, that, as a community identified in Paragraph 2A in which purchaser oi property in the residential to be a member of the property the Property is located. you are obligated owners

the use and occupancy ol the Propeny aSSOCla1lOl'Ie(?. Restrictive covenants governing and all d icatory instruments governing the establishment, maintenance, and operation or this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicatory instrument may be obtained lrom the county clerk. You are obligated t a assess em: to the the assessments is subject to change. Your ro ert own rs

to pay the assessments cou failure result in enforcement of the association's and the foreclosure of the Propem lien on Section 207.003, Property Code, entities an owner governs the establishment. maintenance, or operation receive copies oi any document that to

of a subdivision, inclucfing, but not limited to, restrictions. bylaws, rules and regulations, and a resale certificate from a property owners’ association. A resale certificate contains lnlorrnation including, but not limited to, statements specifying the amount and irequency of regular assessments and the style and cause number ct lawsuits to which the property owners‘ association is a party, other than lawsuits relating to unpaid ad valorem taxes of an Individual member or the association. These documents must be made available to you by the property owners‘ association or the association's agent on your request. it Buyer is concerned about these matters, the TREC promulgated Property Subject to Mandatory Membership in a Property Addendum for should be used. Owners Associatlon(s)

(3) STATUTORY TAX DlSTRlCTS: it the Property is situated in a utility or other statutorily created cfislrict providing water. sewer, drainage. or llood control facilities and services,

Chapter 49, Texas Water Code, requires Seller to deliver and notice relating to the tax rate, bonded indebtedness, or Buyer to sign the statutory final

standby fee of the district prior to execution oi this contract.

(4 TIDE WATERS: It the Property abuts the tidally iniluenced waters ol the Texas Natural Resources Code, requires a notice regarding coastal state, §33.135, included in the contract. An addendum containing the notice area property to be

required by the parties

promulgated by TREC or

must be used.

(5) ANNEXATION: It the Property is located outside the limits of a municipality, Seller notifies Buyer under 55.011. Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction ot a municipality and may now or later annaration by the

be subject to

municipality. Each municipality maintains a map that depicts boundaries and extralerritorial jurisdiction. To determine if the its

Property is located ‘within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's

extraterrltorial jurisdiction, contact all municipalities located If! the general proximity of

the Property tor further information.

(6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILXTY SERVICE PROVIDER: Notice required by §13.257, Water Code: The real Paragraph 2, that you are about to purchase may be located in aproperty, described in certificated water or

sewer service area, which is authorized by law to provide water or sewer service to the

properties in the certificated area. It your property is located in may be special costs or charges that you will be required to pay a belore certificated area there

you can receive

water or sewer service. There may be a period required to construct lines or other

lacilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider

to determine the cost that you will be required to pay and the period, it _any, that is required to provide water or sewer service to your property. The undersigned Buyer hereby acknowledges receipt of the loregoin notice at or ‘before the execution of a

/

binding contract tor the purchase cgsthe re property described in Paragraph 2 or at closing of purchase oi the real prop ‘fig.

,

"”° Al TAR mac NO. 20-12 _

1601 initialed tor identification by Buyer \.....__

and Seller E’/‘(V

Pmducnd with :IpFomo by xlpLogix 10070 Fllteen Mlle Rood, Fraser. Michigan 43026 mmgflmzgm 1114 Drlscel st

Docusigrr Envelope ID: EBCAEGEE-SBAE-4827-883A-838675781037

Contract Concerning

1714 Dxiscoll st. Houston ox 77019

(Address of Property) P3ge4°(9 4,25.-2014

(8) TRANSFER FEES: If the Property is subject to a private transfer reé obligation.

§s.2o5,

it the Property is located in a propane gas system service area owned by a distribution written notice as required by §141.010. system retailer, Seller must give Buyer the notice approved by TREC or required Texas Utilities Code. An addendum containing

by the parties should be used.

7. PROPERTY CONDlTl0N:

A. ACCESS, lNSPECTlONS AND UTILITIES: Seller shall permit Buyer and Buyer's to the Property at reasonable times. Buyer agents access may have the ProJ>er1y inspected selected by Buyer and licensed by TREC or otherwise permltte by law to makeby inspectors Seller at Sellers expense shall inspections. keep the utilities on during the time immediately cause existing militias to be turned on and this contract is in effect. shall B. SELLERS DISCLOSURE NOTlCE PURSUANT TO 55.008, (Check one box only) TEXAS PROPERTY CODE (Notice): (‘lg Buyer has received

the Notice.

(2 Buyer has not received the Notice.

Within days after the effective date of this contract,

Seller shall deliver the Notice to Buyer. li Buyer does not receive the Buyer may terminate this contract at Notice.

any time prior to the closing and the earnest money

D SELLERS

whichever The (3)

occurs, and the earnest money Seller

not required

DISCLOSURE

first is

be refunded Buyer.

to furnish the notice under

will

Texas Progeny Code. the to

C. OF LEAD-BASED PAlNT AND LEAD- ASEO PAINT HAZARDS required by Federal law for a residential dwelling constructed prior to 1978. is D. ACCEPTANCE OF PROPERTY CONDlTlON: ‘As Is‘ means the present with any and condition of the Property detects and without warranty except for the all

warranties in this contract. Buyer‘: agreernem warranties oi title and the to accept the Property As is under 7D(1) or (2) does not preclude Buyer from inspecting Paragraph the Property under Paragraph 7A. lrom negotiating repairs or treatments in a subsequent amendment, or from temtinating this contract during the Option Period. it any. (Check one box only)

E (1) Buyer accepts the Property As Is. D (2) Buyer accepts the Properly As is provided Seller.

the lollowing specific repairs and treatments:

at Seller's expense, shall complete the

(Do not insert general phrases. such as ‘subject to inspections‘ that do not identify specific repairs and treatments.)

E. LENDER FtEQUlRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither party is obligated to pay lor lender required repairs, which includes treatment for destroying insects. ll the panies do not agree to ‘wood treatments, this contract wil terminate and the earnest pay tor the lender required repairs or the cost oi lender required repairs and treatments money will be refunded to Buyer. it exceeds 5% of the Sales Price, Buyer may terminate this contract and the earnest money will be F. COMPLETION OF FlEPAlRS_ shall complete all agreed repairs and trea' ents refunded to Buyer.

AND TREATMENTS: U les otherwise agre d In writing:

/’

prio to the Closing Do a; and (lit a ._ _

_

tr) Seller

/

.,

~

.

permits’ must bejobtained, required it repairs a

j, ,

treatments be

_

who are

V

_lJ/ licensed to provide such I pairs or he_ ments or. ii no thus! performed by perso license is required y law, are comrgyercially ehgaged in the trade of electibn. any /tiansferable Marranties r‘ vicling och repairs (or’ treatmentsf \.At Buyer's ved by

l

ler with re ect to

treat‘ nts will’ Ele transler,'ed the repairs and ’ \‘to Buyer at Buyers ex nse. S ler fails to complete any ll‘

agrde repai and treatments (prior to the Closing te’ Buyer rn 1?

, ;_

/~C,‘(0L'~\ Paragraph or extend ye Closing D te u to 5 ays exercise’ remedies under " necess tor Seller to complete the i ( .

repcirs and treatments. ~

03.‘ EN IRONMENTAL MATTERS:

‘ ‘ 41,1, Buyer is advised that the presence of wetlands, toxic 41 _

-I

including asbestos and wastes or substances.

environmental hazards. or the presence at a /

l

threatened or endangered species 1 habllat may aflect Buyer‘s intended use

/ /TREC

ol the

,

/R T 1601 initialed for identification by Buyer two,

and Seller «Z34 L NO. _20-12

M

Produced wan zlpFomIO by zipLogix 18070 Rnnn Mile Road. '7“ .«J‘‘\

D5 Fmer. uldvignn 46026 S1 \

Docusign Envelope ID: EBCAEGEE-SBAE-4B27~883A-838C757B1037

Contract Concerning

1714 Driscoll St. Houston. TX 77019 (Address ol Property) Page 5 ol 9 4-28-2014 Property. If Buyer is concerned about these matters, an addendum promulgated by TREC required by the parties should be used. or .

FiESlDENTlAL _

not exceeding $ It the cost of the residential residemial

service contract for the Buyer should review any Purchase ot a residential service scope of coverage, exclusions a rid limitations. The .

purchased from various companies contract is optional. Similar authorized to do business in Texas. coverage may be 8. BROKERS’ FEES: All obligations of the separate written agreements. parties for payment of brokers‘ lees are contained in

9. CLOSING:

A. Theclosing ofthe salewillbe on orbetore Jul 31 days after objections made under P is later (Closing

raph 6D have been a

Date). If either party fails to close the sale

defaulting party may exercise the remedies contained in Paragraph 8 . cosing: 15.

(1)Seller shall execute and deliver to Buyer and showing no

a

additional exceptions to

turnish lax statements or certificates showing no delinque

(2) Buyer shall pay the Sales Price in good lunds acceptable (3) Sellerand Buyer shall execute and deliver atfidavits, releases. loan documents any notices, statements, certificates, closing of the sale and the issuance and other documents reasonably of the Title Policy. required for the (4) There will be no liens, assessments, or security interests against the not be satisfied out ol the sales Property which will assumed by Buyer and assumed loans proceeds unless securing the payment will not be in default.

ot any loans

(5) it the Property is subject to a residential defined under §92.102. Property lease. Seller shall transfer security Code), it any. to Buyer. In such an event. deposits (as deliver to the tenant a signed Buyer shall statement acknowledging that the security deposit and is responsible for Buyer has received the the return of the security deposit.

the exact dollar amount of the security deposit.

and specitying

10. POSSESSION:

A. Buyer's Possession: Seiler shall deliver to Buyer possession oi the required condition, Prope in its present or ordinary wear and tear excepted:

according to a temporary residential E] upon casing and funding lease fonn promulgated by TFIEC or lease required by the parties Any other written ClD’~3ll1g which is not

possession by Buyer pn'or to closing or euthonzed by a written lease will establish by Seller alter relationship between the parties a tenancy Consult your insurance agent prior to at suiterance ownership and possession because clian e at terminated. The absence of a written insurance coverage may be limited or lease or appropriate insurance expose the parties to economic loss. coverage may 8. Leases: (1)Atter the Effective Date. Seller me not execute any lease (including but not mineral leases) or convey any interest in limited to the Property without Buyer's written (2) It the Property is subject to any lease consent.

to which Seller is a Seller Buyer copies ol the lease(s) and any move—ln party. shall deliver to condition torm signed by the tenant within 7 days alter the Eflective Date of the contract.

11. SPECIAL PROVISIONS: (Insert only factual statements and business the sale. TREC rules prohibit licensees details applicable to from adding

which a contract addendum. lease or other form has been

use.) This contract is sub‘ court-., Harris county Texas.

12. SETTLEMEN_T AND OTHER EXPENSES:

A. The tollowing expenses must be gold at or prior to closing: . V

(1) Expenses payable by Seller ( eller‘s Expenses):

(a) Releases ol existing liens. ‘including prepayment penalties and recording lees;

/; ¢/releese of Seller's loan liability; tax statements or certificates;

_ _

iii «I/'

1

'- '

nd other exP enses payable by Seller under this F reparation oi deed;

(D) Seller shall also pay an amoum not to exceed contract.

'

$ N

__

to be applied in the

TAR 1601 initialed lor identification by Buyer Pmduond with 1EoFormO by zloLonl'x 18070 Fmoen Mile Flow.

and TREC NO. 20-12 Fruw. Mlchloui 48026 .m:«.1hLm*z»_m 1714 oriwoiisi

Docusign Envelope ID: EBCAE6EE-98AE—4B27-883A-8380757B1037

1714 Dxiscoll St.

Contract Concerning

Houggon TX 7'l0;g

,

Page 6 of 9 428-2014

(Address of Property)

following Buyers Brpenses which order:

VA, Texas Veterans Land Board or other Buyer is prohibited from

paying by FHA,

other Buyer's Bcpenses as allowed governmental loan programs, and then to by the tender.

(2) Expenses payable by Buyer (Buyer's Expenses): Appraisal lees; loan application adiusted origination charges; credit reports; fees; on the notes from date of cfisbursement preparation of loan documents; interest to one month prior to dates of first payments; recording lees; copies of easements and month endorsements required by lender; loan—related restrictions; loan title policy wig inspection fees; photos: amortization schedules; one—hali of escrow fee; all prepaid items, including required premiums for flood_ and hazard Insurance, reserve deposits tor Insurance, ad valorem taxes special govemmental assessments: final compliance and inspection; underwriting fee; wire transfer inspection; courier lee; repair fee; expenses Incident to any toen;

Mortgage insurance Premium (PMI). VA Loan Funding Private Prem um (MIP) as required by the lender; and other Fee, or FHA Mortgage Insurance this contract.

expenses payable by Buyer under 8. If any expense exceeds an amount expressly stated in this contract for such expense be paid by a party, that party may terminate this contract to unless the other party agrees to pay such excess. Buyer may not pay charges and less Texas Veterans Land Board or other governmental loan program expressly prohibited by FHA, VA, regulations.

13.PRORATl0NS: Taxes lor the current year, interest, maintenance and rents will be prorated through the Closing Date. The lees. assessments, dues taking into consideration any change in tax proration may be calculated exemptions that will affect the current year's taxes.

if taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorelions when tax statements for the current year are available. if taxes paid at or prior to closing, Buyer shall pay taxes for are not thelcunent year. ,-

14. CASUALTY LOSS: it -._any part of the'\,Property’ '

is damaged or destroyed

~

casua_lty'\atter the effective date at this, by tire/or other contract. Seller shall restore tl-is Property to previous condition as soon as reasonablyxpossible, but its in ,any event by the Closing "Setter tails‘-_to do so due. to factors Date. ll bey‘o_nd,/Seller's control. Buyer may ‘(a)

contract and the earnestrnoney will be _.*refunded to

perfonnance up to 15 days ‘and the Closing tpate will be e nded c< (b) extari_d_'the time for ‘-

3

.lerminate this

Ans as necessary or (c) accept

MC ~ the,’Property in‘ its damaged ‘condition with ap assignment ~~ insurance proceeds and receive

~j

credit lrom Seller at closing in the amounttot the deductible Seller's obligations under this ‘paragraph are under the insurance policy.

tndependerlt of ‘any other Iobligations of seller underthis contract.“ '

\-. 5 ‘s’

15. DEFAULT: ll Buyer comply with this contract, Buyer will be in default, and Seller tails to

(a) enforce specific perlormance, seek such other reliel as may or (b) terminate this contract and receive the earnest may be provided by law, or both, releasing both parties irom this contract. if Seller tails to money as liquidated damages, thereby be in detault and Buyer may (a) enlorce specific performance, comply with this contract, Seller will be provided by law, or both, or (b) terminate this contract and seek such other relief as may receive the earnest money, thereby releasing both parties irom this contract.

16. MEDIATION: It is the policy of the State of Texas to encourage

through alternative dispute resolution procedures such as mediation. resolution of disputes Seller and Buyer related to this contract which is not Any dispute between resolved through lnlcrmal discussion will be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction.

17. ATTORNEYS FEES: A Buyer.’, Seller, Listlry Broker; Oth,e'rI Broker, I.

§_3‘r esrow

I

agent/{who

prevails in any, legal

,-

prooeedin“ related ‘-to this cp\ntract/is\\entitled‘, to re ver reasonable 1a.

attorney's fees and all coslsvof such proceeding} éscnow: - ‘

f

L“?

;v: ~4

'

.

wt ,_ ~*‘\’J~J¢g

..,”~,,._‘\~'

¢’*‘~"¥

~‘=4 ,\ ti

_

A, ESCROW: The escrow

~

i!

agent is not (i) a party to this contract a d {does not have liability for the performance or nonpertormance of any party to this contract, (ii) nable for interest on the earnest money and (iii) liable for the loss of any earnest failure of any financial institution In which the earnest money caused by the

money has been deposited unless the tinancial institution is acting as escrow agent. B. EXPENSES: At closing, the earnest money must be applied ‘

first to any cash down

payment, then to Buyers Ex nses and any excess refunded to Buyer. If no closing

occurs, escrow a ent may: (iferequire a written release of liability of the escrow agent

from all parties, ii) require payment of unpaid expenses incurred and (iii) only deduct lrom the earnest money the amount of unpaid on behalf of a party, behall of the party receiving the earnest money.

expenses incurred on

0. DEMAND: U on termination of this contract, either party or the escrow agent may send a release o earnest money to eayfiparty and the parties shall execute counterparts of TAR HM’

mmmm

1601 lnltlaled forldentltlcatlon by Buyer and Seller__!Z;/LV_(f

swam with zlpFon1vo by zlpLoglx mom nnemtianars-as-. Minhloan tam TREC N0- 20"?

ma on-anus-

Docusign Envelope lD: EBCAE6EE»98AE-4B27~883A-838C757B1037

1714 Driscoll St.

Contract Concerning Houston TX 77019 Page 7 of 9 425-2014 (Address or Property)

unpaid expenses incurred on behalf of the party receiving the earnest money and escrow agent may pay the same to the creditors. If escrow agent this paragraph. each party hereby releases complies with the provisions of escrow agent from all adverse claims related to the disbursal of the earnest money. D. DAMAGES: Any. party who wrongtully fails or refuses to sign release acceptable to a the

~

suit.

NOTICE_S: Escrow agents notices will be effective when sent in compliance E.

with Paragraph

{votice of objection to __t(l,1e :;e”- dgrnapd will be deemed eflective upon receipt by escrow z- ii»-L. '/«V /rt: Q.-2 '-dd?:1/:=.7).-',-~:;?;1-C.cra.;w__4.

19. REFfHE$EhTATl0l~lS: ‘All ucovenantsl réjprlékéentatiorfsugéandi .

v6arranliesI _‘J'l'l.~I contract‘! sltrtr’/e

~

i_s

closing. ‘ti any representation Seller in this ocntra'_ct»’is\’gntrue on-‘the Closing‘ of

Date. 3?-ztler

will be in_- default. Unless expressly \RD[Ol’IIblled by wrgitterii/agrfemet Seller‘-.may continue to show the Property and receive, negotiate and acceptbackup diners. '—~—' '..v f«._ /’

20.FEDE}?AL R.EGUlREt-{iENTS: li_‘SelIer is a ‘foreign person." as defined ’t‘-AX

law or Seller fails to deliver an altidavit to Buyer that Seller IS not a "foreign if

by applicable person,“ then

Buyer shall withheld from the sales proceeds an amount sufficient to tax law and deliver the same ‘to the lntemal Revenue $ervice comply with applicable

‘together with appropriate tax forms. lntemal Revenue _Service regulations require filing written reports it currency in

excess of specified amounts is received in the transaction.

21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to. hand-delivered at, or transmitted by facsimile or electronic transmission as

lollows:

To Buyer at: Croix custdzr. Homes To seller at; Eva Enge1.h.=.:t,Couz-t A22 Receive:

Telephone: (713) 569-5835 Telephone: (7131 626-1200 Facsimile: 1713) 802-1629 Facsimile: (713) 623-6014

E.mai|: mcroixecroixhomes com . E.i-nail; eengelharterossbanks com .

22. AGREEMENT OF PARTIES: This contract contains the entire agreement panics and of the

cannot be changed except by their written agreement. Addenda which are a part of this contract are (Check ail applicable boxes):

[I Third Party Financing Addendum tor Credit El Environmental Assessment. Threatened or Approval Endangered Species and Wetlands [3 Seller financing Addendum Add9"d”'“ D Addendum C] Seller's Temporary Residential Lease

A

Property Subject

U 3”" 53” Add°’‘d”"‘

_

for to Mandatory Membership a Property in Owners Association C] Addendum for Property Located seaward

Loan Assumption Addendum information on Lead-based Paint and Lead D Addendum Sale Other Property by tor of

based Paint Hazards as Required by Federal Law

Buyer D Addendum Reservationfor Gas of Oil, DA d i P S§1§,:'},,‘§2,v‘}§e §\°,‘;§”"

' In a P mpane G as and Other Minerals 1:]Addendum loi "Back—Up" Contract D °"‘°’ ‘"50-

El Addendum ior Coastal Area Property flns. K»

~'71

.

TAR '

ll/L(,

1601 initialed for identification by Buyer and Seller 1 TREC NO. 20-12 Produced wtih xi'pFomi® by zipuagix 18070 fifteen Mil: Food. Fnur. Michigan 443025 _umg.z1nLngi;._gm H14 Drhculi st

Docusign Envelope ID: EBCAESEE-98AE-4827-883A _ 815807578103 7

11714 Dziscoll St.

Contractcnncerning

Hougton, TX 77019

(Address oi Property) Pageaots 4.23.2014 23. TERMINATION OPTION: For nominal acknowledged by Seller, and Buyers consideration. the receipt of which is agreement to pay Selle! S N A hereby within 3 days after the effective date of (Option Fee)

this contract, Selier

terminate this contract by giving notice Buyer the unrestricted right to effective date of this contract of tenninatlon to Seller witgtrlants (Option Period). II no dollar amount 'n

NA days after the Ii Buyer tails to

pay the Option Fee to Seller within the time is state; as the O tian Fee or prescnped, this

ad; however.

not be credited to strict compliance with the time ior performance is required.

24 . CONSULT AN ATTORNEY BEFORE SIGNING: TFIEC giving legal advise. READ THIS rutes prohiblt reat estate licensees CONTRACT CAREFULLY. from

Buyefs

Sellers

Attorney is:

_____;____________ Attorney is:

;______j__________

Telephone:

Facsimile:

_______}__;__ Facsimile:

__________.__.._____

E-mail:

_ E-mailf _____;____;_j._

EXECUTED the da of 5/ 2°/ 2°14 2a

I

(BROKER: FILL IN THE DATE F FINAL ACCEPTANCE.) , (F_FFECTi){§,DA=i’E).

/

2.‘,/’

~

.

_

DoI:uS|gned by: ,,

flute / // It

.-/

Om)» "

_

/"

agy_e{u£5fi;,;§E;g;;:am Homes Seller Eva En_¢e1ha.rt,Ccur‘.'. Appointed

Buyer

~ I./L .-‘,1 '-_-

~

Selier Receiver .”'

bun Ema Em True Iurrn of this contact hasapproved by the Team Real comrnksion. THEC Inrms we -mugs, '

rm

d:1

totneleatvasdiiyoladoquuyoianypmvisiunlnlny intundedber-It!‘:1yum”|°rIladMr:rdd;tflflw Is

2.2. Cerrrnisgtion. Po. Box 12155.

t§'£’s.'§‘?..5.‘.‘.‘"?;.‘iI'. all.‘ rx 7em.21ae. {5t2) 996¢00O (hmJMwu.huc.taxas.ouv| TFIEC NO. 20-12 This form replaces TREC NO. 2911.

TAR 1601

Pmauocd unn zIpForrn® by ziputplx 15070 Finn» Mile Road.

TREC NO. 20—12

Fraser. Mid-igan 48026 4-mLzid.4zaIx.9t7.'tz I11lDrI.woISl

oocusign Envelope ID: EBCAE6EE-98AE-4B27-883A-835C757B1037

APPROVED BY THE TEXAS REAL ESTATE COMMISSION 10-10-11

ADDENDUM FOR SELLERS DISCLOSURE OF INFORMATION ':’.“.m..'“ ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS AS REOUlRED BY FEDERAL LAW CONCERNING THE PFIOPERTV AT 1714 D:-iscoll St. Houston (Swot Address and city)

A. LEAD WARNING STATEMENT: ‘Every purchaser ot any interest in residential real property on which a resideritiai dwelling was 1978 is notified that such property may present built prior to

based paint that may place young children at risk of exposure to lead lrom leaddeveloping lead poisoning. Lead poisoning in may produce permanent neurological damage, including teaming young children behavioral problems, and Impaired memory. Lead disabilities, reduced Intelligence quotient.

poisoning also poses a particular risk to pregnam woman. The

prior to purchase.“ NOTlCE: inspector rnu.st be property certified as required 8. SELLER‘S DISCLOSURE: by federal law.

1. PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAlNT HAZARDS (check one box only):

[3 (a) Known lead-based paint and/or load-based paint hazards are present in the Property (explain):

0:) Seller has no actual knowledge of lead-based pain‘. andlor lead-based paint hazards in the Propeny.

2. RECORDS AND REPORTS AVAiLABLE TO SELLER (check one box D (a) seller

only):

has provided the purchaser with all available records and and/or lead—based paint hazards in the Property (list reports pertaining to lead-based paint documents):

Q (b) Seller

Property.

has no reports or records pertaining to lead-based paint andlor lead-based paint hazards in the

C. BUYER'S RIGHTS (check one box only):

El 1. Buyer waives the opportunity to conduct a risk assessment or inspection of the lead-based paint or lead-based paint hazards‘ Property lor the presence oi )3 2. Within ten days alter the effective date oi this contract, Buyer may have the Property selected by Buyer. inspected by inspectors lead-based paint or lead-based paint hazards are present, Buyer may terminate this

ii

contract by giving Seller written notice within 14 days otter the eiiective date ol this contract, and the earnest money will be relunded to Buyer‘ . YER'S ACKNOWLEDGMENT (check applicable boxes):

1. Buyer has received copies at all iniormation listed above.

Buyer has received the pamphlet Protect Your Family from Lead in Your Home.

.

KEFtS' ACKNOWLEDGMENT: Brokers have informed seller ot Seller's obligations under 42 U.S.C. 4852d to:

(a) provide Buyer with the lederaily approved pamphlet on lead poisoning

addendum: (c) disclose any known lead-based pain‘! and/or lead-based paint hazardsprevention; (b) complete this in the Property; (<1) deliver all records and reports to Buyer pertaining to iead—bascd paint and/or lead~basad paint hazards in the Property: (e)

provide Buyer 2: period oi up to 10 days to have the Property inspected; and (t) retain a completed copy of this addendum lor at least 3 years following the sale. Brokers are aware of their responsibility to ensure compliance.

F. CERTIFICATION OF ACCURACY: The tollowing persons

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have reviewed the Intorrnationfibove and certity. to the best oi their knowledge, that the information they have provided is true and accura

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Ducuslgncd by:

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‘

,

u Date Sel_ier’f.» ~—-/

Date

Cro‘§E>|:3D%:Er.5:Fs1%:‘r;;E"Home:

Eva Enge1'ba:t.,Couzt: Appointed

Buyer Dale Seller Date Receive:

other Broker 05“? Usfinfl B"°k9' Date Patricia Dajani Joanna Roemnr The tom: or this Iddandirrn has been approved by the Texas Real Brat: Comrniulon tor use only with approved or promtloalod sirnlhrty

toms oi contracts. Such noorovd reintax to this aantraoi torm only. TREC terms are intended for use only No representation is mad: as to the legal vdldity or adequacy at any provishn in any spediic trlnuotione.by is not real estate .

imtacfions Texas Real Estate Commission. EC. Box 12188, Austin. TX 7E7! I-ZIBB, 512-9353000 (rttt;1Mww.ueoIoxu.9ov)Ilihbli tor oompcx It

(TAR-1906) 10-10-11 TREC NO- ON- Huzz‘ cum. 3', A.rui'n5o!Jcui:uu3n1tbusu-.1'x77tm fltwu:2‘ll.4¥.l9W F uiuanot Ibpnnelncfcir Kfifimdm &,fl,|.fl,fl

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i7i4Dat-mils l

Prpduod WWI Icfvrrwb/xtploix INTOFKIIMH flood. Fnur.

Docusign Envelope ID: EBCAEGEE-98AE-4827-883A-838C757B1037

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TEXAS Assocumou OF REALTORS® SELLER‘S DISCLOSURE NOTICE O‘I’uumo(S|tiunolREl|.TO%,I\:.flll Notice lo a buyer on or bclore the effective date of a contract. This form complies with and exceed the minimum disclosures required contains additional disclosums which by the Code.

CONCERNING THE PROPERTY AT 1714 Driscoll St.

Houston, -xx 77019

DATE SIGNED BY SELLER AND IS NOT A SUBSTITUTE FOR ANY MAY WISH TO OBTAIN. IT lS NOT A WARRANTY or ANY KIND BY INSPECTIONS OR WARRANTIES THE BUYER AGENT. SELLER. SELLERS AGENTS, on ANY omen Seller Cl is D is not occupying the Property.” unoccupied U (by Seller), how long since Seller has occupied the or ‘Rrtever occupied the Property ,,:J’,.i

P rope ny?

Section 1. The Property has the below: (Mark Yes (Y), No (N), or Unknown ltet-ns’r'narl<ed

no notice does not establish the items to be conveyed The contract W17] de!!'ermine which (U).)

Items will 5 will not convey. -—

Item Y N’ u item v N item ,

Cable TV Wiring til y gr‘

u

Liquid Propane Gas: Pump: [3 sump [Jgrinder Carbon Monoxide

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Det. 5 -LP Community (Captive)

Rain Guners

CeilingFans -LP on Property §

;

Range/stove

Gooklon

l

Hot Tub

',

5

Roof/Attic Vents

Dishwasher

3

1

intercom System i

sauna

Disposal 4 Microwave 5 smoke oerecro, Emergency Escape Outdoor Grill Smoke - Hearing ‘

Detector

f

Ladder(s) '

E

Impaired

Exhaust Fans Patio/Decking

i

3

Spa

Fences *

Plumbing System -

Trash Compactor

Fire Detection Equip. Pool TV Antenna '.

‘

French Drain Ii Pool Equipment

Washer/Dryer Hookup

Gas Fixtures Pool Mainl. Accessories '-

Window Screens

Natural Gas Lines Pool Heater Public Sewer System -‘

ltem Y N u Additional lnlormation Central A/C 0 electric '

Cl gas number 01 units:

‘

Evaporative Coolers l number of units: Wall/Window AC Units : number of units: Attic Fan(s) if yes. describe:

D electric

;

Central Heat Other Heat ,‘

El g§ number ol units:

{ if yes, describe:

oven Fireplace & Chimney number of ovens: C] electric El gas G other:

‘

Elwood E! gas logs C] mock [3 other:

carport Cl attached Cl not attached

U

l

Garage Garage Door Openers 3 allached 0 not attached

3

number ol units; number of remotes:

Satellite Dish St Controls Security System } E] owned D leased from

; Downed E1 leased from Water Heater El electric Elias 1.

[3 other: number of units:

Water Softener Underground Lawn Sprinkler

t

El owned U leased from

i

[Jautomatic ljmanual areas covered:

Septic I On-Site Sewer Facility ,"§ttach Information About On-Site sewer Faciirty (TAR—1 407)

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‘.

(TAR-1406) o1-o1-14 nr-lmzr-ya-we-ya-glnsuscuiimxarnnmoxntrazn lnltlaled by:8uyer: ._____ and Paget ot5 rum»-u ’§o$”L4UK|HX| '

Fowl-ooaMfll|>‘wnltP[Ii1=wtIM7UWbm|0¢Ro|d.Fruw.MchlgunlB&I an umsmt l7llDr'uull51 ugmu.ni_m-n

Docusign Envelope ID: EBCAE6EE~98AE-4B27-B83A»838C757B1037

Concerninalhe Property at 1714 Dziscoll St.

rx 77019

-Houston.

water supply provided by: Clcity \ Was the Property built

CI well DM D00-op nknown gamer;

before 1978? Dyes

[3 no unknown

(It yes. complete. sign. and attach TAR-1906 conoeming lead-based R°°' TYP9 5

palm hazards).

A991

(approximate)

Are you (Seller) aware at any of the items listed In this Section 1 that are not in working condition, need at repair? Dyes that have defects. or are Elna It yes, describe (attach additional sheets if necessary):

____________

Section 2 Are you (Seller) aware of any detects or malfunctions In any

aware and Na (N) it you are not aware.) of the tollowing?: (Mark Yes (Y) if you are Item Y N ltem Y Basement Item Floors Y Ceilings Sidewalks Foundation / Slab(s)

Doors Walls I Fences interior Walls

DFWEWBYS Windows U WW9 Fixtures Other Structural Components Electrical Systems

Plumbing Systems

ixterior Walls Roof It the answer to any of the items in Section 2 is yes, explain (attach additio sheets l If necessary):

Section 3. Are you (Seller) aware 0! any of the following conditions: you are not aware.) (Mark Yes (Y) if you are aware and No (N) it

Condition

mum Condition Asbestos Co Fo nents

sed rees: oak t

S abitat on Fault nes

Radon '

or exit: aste

D t

W

l

ubsurtace Structure or its nlermitlent or

e anks

aim or Leadnr

Encroachments onto the Pr Urea~lorma|de Insulation ements on

Located in 100-

in

on F‘

Present Rat ns.

Active termites or other it as attach TAR-1414

destro insects t tructures

Previous treatment lor or onto the

Loca or r District

P

ermite or

of ne ain T ‘

(TAR-1406) 01~Dt-14 2/ ;l—-’

'

lnltlaled by:

Promised with zIpFwrv-8 by zpugtx 15070 Buyer: .____ and Seller:__/__~__,____ Page 2 ot 5 Flltetn Mlle Head. Fmcr. Michigan 4BD2e 17|4 Dam]; 3;

Docusign Envelope ID: EBCAEGEE-98AE—4B27-883A-83SC757B1037

Concerning the Property at 1714 Dsiscoll St.

Houston, rx 77019

It the answer to any of the items in Section 3 is yes, explain (attach additional sheets if necessary):

‘A single blockabie main

drain may cause a suction entrapment hazard for an individual.

section (Seller) aware of any item, 4, Are you which has not been previously disclosed in equipment, or system in or on the Property that is In need of repair, this notice? Clyes qua if necessary): yes, explain (attach additional sheets it

Section 5. Are you (Seller) aware of any of the following (Mark Yes (Y)

you are aware. Mark No

ii not aware.) it (N) if you are

D [[1 Room additions. structural modifications, or other alterations or repairs made in compliance with building codes without necessary permits or not

i

in effect at the time.

D Homeowners‘ associations or maintenance fees or assessments. yes, complete the following:

Cf Name of association: if

Manager's name: Fees or assessments are:

$___;__ Phone:

I

I:

per and are: ljmandatory El voluntary Any unpaid fees or assessment for Property? Dyes ($ the

Ifthe Property is in more than one ) [1 no association, provide information about the attach information to this notice. other associations below or

[3 Any common area (facilities such as pools. tennis courts. walkways, or other) co-owned in with others. if yes, complete the following: undivided interest Any optional user lees for common facilities charged?

[3 yes Ci no if yes. describe:

:1 Any notices of violations of deed restrictions or governmental orcfinances affecting the condition or Property. use ol the

E] Any lawsuits or other legal proceedings directly or indirectly affecting the Property.

to: divorce, foreclosure, heirship, (Includes, but is not limited bankruptcy. and taxes.)

0 Any death on the Property except for those deaths caused by: natural causes. suicide, or accident unrelated the condition of the Property. to

Ci Any condition on the Property which materially affects the health or "--iE;'i-—.i;‘i___,__CI_D.—l;i~——B-——-Ei————A—

safety of an individual.

Cl Any repairs or treatments, other than routine maintenance, made to the Property to remediate hazards such as asbestos. radon, lead-based paint, environmental urea-formaldehyde, or mold.

if yes, attach any

certificates or other documentation identifying the extent of the remediation (for example, certificate of mold remediation or other remecfiation).

Cl Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source 1:: The Property is located in a propane gas system service area owned by a propane

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retailer. distribution system

/ /

(TAR-1406) 01-01-14 Initiated by: Buyer: fizz and Seller: "

,

Page 3 of 5

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imo sum Mlle ma, Freur. war-loan 48026 ,

Produced with zipFal'I'I|O byzivtovix rm Driscoil st

DocuSign Envelope ID: EBCAESEE-98AE-4B27-883A-83BC757B1037

Conceming the Property at 1714 Dz-tscoll St. Houston, rx 77919

It the answer to any of the items in Section 5 is yes. explain (attach additional sheets It necessary): ___._________

Section 6. Seller [1 has [3 has not attached a survey ot the Property.

section Within the last 4 years, have you 7.

(Seller) received any written regularly provide inspectionsand who are either licensed as inspectors or inspection reports trom persons who inspections? yes D no 0

yes. attach copies and complete the following:

I.‘

othenrrise permitted bylaw to perform

in Date T Name of r

~ Note: A buyer should not rely on the above—cited reports as a rellectlcn of the current condition Property, A buyer should obtain inspections from inspectors chosen by the buyer.

of the

Section 3. Check any tax exemption(s) which you (Seller) currently claim for the Property:

Homestead Ci Cl Wrldlite Management

[j Senior Citizen D Disabled [3 Agricultural [1 Disabled Veteran Cl Other:

§\Unknown

Section 8. Have (Seller) ever a claim damage tsu tiled for to the Property with any insurance provider? Dyes no Section 10. Have you (Setter) ever received proceeds for a claim for damage to the Property insurance claim or a settlement or amrard in a legal (for example, an proceeding) and not used the proceeds to make the which the claim was made? yes qno D If yes. explain:

repairs for

Section 11. Does the property have working smoke detector E unknown accordance with the smoke detector installed in

requirements of Chapter 765 of the Health and Safety Code?‘ El noCl yes. it no or unknown, explain.

(Attach additional sheets it necessary):

‘Chapter 766 ol the Health and Safety Code requires one-family or two-family dwelfings to have working smoke detectors Installed in accordance with the requirements of the building code in effect in the area in which the dwelling is located, including pertonnance, location, and power source requirements. It you do not know the building code requirements in ellecl In your area, you may check unknown above or contact your local building official for more inlorrnation.

A buyer may require a seller to install smoke detectors lor the hearing impaired at the buyers family who will reside in the dwelling is if: (1

) the buyer or a member

hearing-Impaired; (2) the buyer gives the seller written evidence of the hearing impairment from a licensed physician: and (3) within 10 days alter the effective date.

the buyer makes a written request lor the seller to install smoke detectors lor the hearing-impaired and specifies the locations for installation. The parties may agree who will bear the cast of installing the smoke detectors and which brand of smoke detectors to install D5 /

5

'\-v//i’/

(TAR-1406) 01-01-14 initiated by: Buyenfid’ . and Seller: 5 Page 4 ol 5

Produced with zipForrIIObyzhl.ogix teoro Fmeen vine Road, Fraser.

vacunm-M8026 mm£p.i.mi.x.a2n 1714 Dnsool] St

Docusign Envelope ID: EBCAE6EE-SBAE-4B27-883A-83BC757B1037

Concerning the Property at 1'I14.Dzisco11 St.

Houston . am: 77019

Seller acknowledges that the statements in this notice are true to the broker(s), has instructed onjnfluenced Seller best of Seller's beliel that no person, including the to provide inaccurate information or to

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information.

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2/.716»,//\—/'

Signature at Seller /I/L DEE Signature orserter <2/ W//1'

Printed (

t ogre

Printed Name: ;_e.LeR c v r. _ _ __

ADDITIONAL NOTICES TO BUYER:

(1) The Texas Department of Public Salety maintains a database that the public may search, at no registered sex offenders are located in cost. to determine if certain zip code areas. To search For lnlorrnation concemlng past criminal the database, visit wvvw.txgg§.§tgl§1x.us activity in cenain areas or .

neighborhoods, contact the local police

(2) It the property is located in a coastal area that is seaward oi the Gull Iniracoastal Waterway or within 1.000 leel ol the

(3) ll you are basing your offers on square lootage, measurements. or boundaries.

independently measured to verify any reported you should have those items information.

(4) The tollowing providers currently provide service to the property:

Electric:

phone #:

Sewer: Water:

phone #1 _.___j_}______;___Z_ phone #2 ___j___j_;___,_:_?____ Cable: Trash:

Phone #1 __&.j____j____ Natural

phone #: __.____.___________ phone #5

Phone Propane:

phone #2 _;__._________._.. phone #2 .j.__.__.___._._..___ (5) This Seller's Disclosure Notice was completed by Seller as ol the date signed. The brokers have relied on this as true and correct and have no reason to believe it to be notice false or inaccurate. YOU ARE ENCOURAGED TO HAVE AN INSPECTOR OF YOUR CHOICE INSPECT THE PROPERTY.

The undersigned Buyer acknowledges receipt of the loregoing notice.

nocuslgn-d by:

ML,’ (fig), 6/20/2014 Sighawmrfisflfléfiirs... Date Signature of Buyer Printed Name: Croix custom Homes Date Printed Name: ____________;.______ (TAR-1406) 01 -or -14 Page 5 oi 5

PrndtIcudwtrhzlpForn0byzipt.og':K 13070 Firuanuue noaa,Fxuer.Mimlg=n48026 uuzlnlnnn i7l4 Driscoll St

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B. Typo nl Lam ,_ I I,“ 1' I 1 “S H 'cm_ WM 5. File Number 7. Loan Numbln a. uannaas Ins-mm cm Number 4.! IVA 5.1 ]Conv. |ns. .,.,,."_m, C. NOTE. This lblm II lumlshod Io flivi you I Slllllfllrll oi lmlll senlcmonl Guilt. Amount: nlid In Ind V! "M Illlltlnllll men! In shown. Iluns mltitd

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CORPORATION APPOINTED IN cAusE No.

20137770. 21o1H JUDICIAL

P.o. aox 152377 DISTRICY. NARRIS COUNTV. YEXAS THE woooLANDs. TX 7730:

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APPENDIX TAB B APPENDIX TAB B

Amended Order to Sell Property at 1714 Third Amended 1714 Driscoll Street

8333-001/ESE

NO. 2013-67779

WILLIAM G WEST, IN THE DISTRICT COURT OF AS CHAPTER 7 TRUSTEE OF RICHARD DAVIS, Plaintiff

VS. (03¢@¢0>¢0>¢0N0-HJHOD¢0l¢0>¢0!

HARRIS COUNTY, TEXAS

PHILIPPE TANGUY, 13,500 AIR EXPRESS, LLC, AND 13,500 AIR EXPRESS, LP, Defendants 270"‘ JUDICIAL DISTRICT

THIRD AMENDED ORDER TO SELL PROPERTY AT 1714 DRISCOLL ST.‘ Plaintiffs Motion To Sell Real Property at 1714 Driscoll St. having been presented, and it

appearing to the Court that this motion in all respects should be granted.

IT IS THEREFORE ORDERED: I. The Received is authorized to sell the property at 1714 Driscoll St. per the contract

_ 3Ew9l*_=d1°_‘h°_')4P£‘°P_£“dE?'°F9°§E’9“3‘£ _A ‘L ,_,

Any =.-- rances, filed/asserted again

3. Philippe Tanguy is to instruct Nationstar and CitiBank mortgages to provide current

payoffs to the Receiver and her title company and cooperate fully with the Receiver and her title

company.

That a Receiver’s Deed for the property at 1714 Driscoll a valid legal deed by

W;

4. St., is

which good title is to be transferred at closing;

SIGNED this the I 0 day of

APPENDIX B

APPROVED: ROSS, BANKS, MAY, CRON & CAVIN, P.C.

BY:

Eva s. Engelhan #oo?9ss1’3 2 Riven»/ay', Suite 700 Houston, TX 77056-1918 713/626-1200 (PHONE) 713/623-6014 (FAX)

-

1/912014 3:00:59 PM chm

mm '

Daniel - District Clerk

°" 9"”, ,9.' ggm;fi.aua.4ez1.ea3A-eaacroraroav ::vn:?oc°'Nng171171e By: names, SASI-IAGAYE s

gl:.'!..e..P'

PnoMuLeA1Eo av ‘me TEXAS near. esrrrre ooumssrou rrr-rec)

ONE TO FOUR FAMILY RESIDENTIAL CONTRACT m -

1° I ‘

(RESALE)

NOTICE: Nel For Use For Condominium Treneeclions

1- PARTIES: The names to this contract (sel1erland_ czelx canton iionoe Seller agrees Io sell end convey (away), to Buyer and Buyer ogrees Io buy irom seller below the Property defined 2. PROPERTY: The land. improvements and oooeeeeriee are collectively reierrod to as the 'Fropeny'.

A.LAND: Lot 10 Block Addiion. Oily oi P o Texas. known as

“Ella! Oourily oi _y_g§_$,L ,

(eddrasarzlp code). or as described on oiieohed exhlbii.

B. IMPHOVEMENTS: The house.

garage and oil other iinuree and improvements above-described reel properly. including onoohed lo the wlihorri iimlielion. ihe Iuiimlng and bulii—ln llama. II any: oil oouipmeni ‘permonenily inelalied and appliances, volorroee. screens.

welI~io-wail oupellno. mlrrore. ehuilero, evrnlnge, ceiling ions. arlic lone. mail and brackeio ior ieievielons and boxes. leievleion eniennee, mounts epeeium. hearing and eir-conditioning uniie.

doieolion equipment. wiring. plumiairru oeeuriiy end lire and iiphiinp llxluree. chendeiiere. vroier idieherr equipment. garage door eohoner eyeiem.

oprrnere. cleaning equlpmlnl, cooldng oquipmnnl. end all oiher ohrubbery. iondeoeplrip. ouidoor properly owned by Seller and ellached ruinrcvanv. lo lire shove deouibed c. ACCESSORIES: The ioiiowinp dosabed related eooesooriee.

ii any: window

eiove. fireplace screens. cunaine and air conditioning units.

rods. binds. vrindovr shades. droperies and mailbox keys. above ground pool, rode. door koyo.

ewimrning pool equlpmonl and

{ orliiiciei nrepioco ioev. end melnlenence eeoeosorloe, conirole lot: (I) porego doors.

(II) entry puree. end

improvemenie and accessories. (iii) other D. BIOLUSIONS: The ioilowing improvements and accessories be removed prior io delivery ei possession:

will he rolnlned by seller and must

1 3Ai.ES PRICE:

,, ‘ ‘ ~ ~~

"

3. sum oi oi! financing deocrioed below (exchrdlrig eny loan lundinp ioeormongepeIneunInoepromium).. .

C. Sa.lesFrlce(SuI1IoiAendB)...............

4. FINANCING (Nol ior use will: reverse morlyoge financing): The porllon oi Selee payable in cosh will he paid as ioilowe: (check Prbe not D A. THIRD PARTY FINANCING: One or eppilcable boxes below)

s

(1)

eza________ Properly Approval: Ihe

more

loxdudina any

third pony morigage loans loan lundfne ice or monoaee insurance premium).

in line roioi ornouni oi

ii Properiy does rial eelisiy lire lenders’ undorwriiing the |oan(e) (including. bul noi llmlied requiremanie lor lo appraisal. Ineurebiiily end lender Buyer may ierrnlnole ihio eenireci by giving notice required repairs).

lo aoiiur prior In closing and ihe money will be reiunded lo Buyer. eemooi (2) Oredil Approval: (check one ear: only) D (a) This contract lo eubieoi io Buyer being Third Party financing Addendum ior approved ior Ihe ilnancing described in me arieehed Q or VA iinencinp.

Gredli Approval

re) 1111: eonireei le noi subject to Buyer being approved ior Ilnancinu and does noi involve FHA D B. ASSUMPTION: The aeeumpilen Ihe unpaid oi balance oi one or more promissory nom prlneipei

described the eiulcired TREC Loan Aeeumpliorr D vendors FINANCING: A promissory nole lrom Euyor seller S uLa_____j_ secured In

Addendum.

C. SELLER

TREG

and deed oi Iruei Ilene. mud oorrielning ihe sole! Financing Addendum. Ii an owner mm and condition described lo

oi

oi .

In Ihe eliodrod

by

poiioy title insurance is iurnlerrad. Buyer ehnil iurnioh seller wirh o rnorigageo policy oi ilgiwysmunee.

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sells! to deliver

swim.

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(4) II the PI abuts the Inlluaneod waters 01 I119 Tunas Nalum I Resources

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located oulsldo Iho llmlls ol coda. Ihnl Illa Pnaperly a swat nallllu

munlclpall

may now at Kits: In Incwsd ll

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M

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ll I:

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Daeustwl EIIVMODO $3 EBCAEOEE-9lAE4827-8B3A«83BC7S1B1031

cmmfimnw an n -

11.1.4 nun ’ e.

raguou 4-25-2914 (7) PUBLIC IMPROVEMENT §6.014.°fto'g:lny Godo.

Dl81'HIC1'3: I lhv

mquhn sane:

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he or

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P

, INSPECTIONS AND U1‘lLn'lE3: Seller than Buys: and Bum’: agents pun!!!

mm

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to make

§‘:':'.‘3uaa.

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B.

$ELLEH°':.%|g‘Cg.:B’UFlE NOTICE PURSUANT TO 55.003. TBMS PROPERTY CODE M0900):

E ha '

Iho Noiuo.

Buys; an}: no:

Ivad the Nail . wflhfn

comma. sure: '33:: delve! ma°§ouce d Inn: in efloalvc no'§‘uyT'11 é°u'§er doe:

ma tetmlnnlathlaeontnclalarcyflutopdarlolhootoshn of 191!

raeelvadsstz Nate: gm be mxmdad to Buyhr. I! scan daflvon ma Indlhaoarneatmwoy Nolloa Bufior may terminate this in: any mason within

days after Buys! the wine! memo

m""‘“e.n‘°'

mice or print an the olnslm.

9? 3'8 DISGLOSU

Zi‘."§.‘1°"“'.%':.'.'a'?."':.‘.’..°.r;':{'a'n‘.‘."’..:u'?!.u"L“:§’m'."r“.“x:3‘§.E”"'c.u.

OF LEAD-BASED PAINT AND LEAD-gxgfin PA'!N1’

taqulrodby Fedamllnwloramldnnual HAZARDS In

W

D. dwaIIlngeonstrucladpcloIlo1e78.

‘As If mean: the uni eordlum of me P — ,

H?

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A: In undu Paragraph

.

or (2) does _;-not ilbca $1! Ifrdlldfl Buyer from mung? Fiona;

tm

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sum:

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~

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..v u .-.u:». .

E. LENDER REOUIHEIIDMEEFAIRS Al)lD TREATMENTS‘ »- ~ Unfasa oihlmisa and In mam:

Ms: ..:..°W

em:

-°

em. ..=:.-v§'.°.:.

as "=2 Irulm W1 W!

a y ~.2:=~....*~=:::‘;'-9.7

mpmnfig and women! money will be Mundad to

I

out o'! lendearafaugglflred

1

nealmunls wounds 5% oi the Salas -Piles. . II

mutrnono wfllbaretund Bwgwmny

I

Seller

a.

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.

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__

~ ~ B lnicndod use of Inc 1 lnIIlalod1orldanIl!lootEoubyBuyor fiflnmfltbkwwflunfln mnnmnuumnramluwunu No 20-12 "uh-an ooaaslotuznvazcpouauzncneeesoane-4&7-aoaA.eaac7s1a1oa1

111.4 pagan st-..

.

PIWIOIO 4-28-2014

“aim than tnauem. an addendum pmmulgaed by THEO at

ya

I-LI-IESIDENTIAL SERVIGE OONIMGTS:

mw Wild

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cowngn may no

2

Bf

do wanna

.‘:'...'v.:.°:L‘:°.:P.".:.'...7.$:'.'.'..»......‘°"”.‘.'%‘;.

Inform.

:2

ohllgallmu of the parties fa payment oi brokers‘ me are contained In GI

A.ThododnuolIhna!awflbaonoIha!an 4-» ,2 ummr

32

58%

E

_party may oxordu me In execute and deliver I and allow: no

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:1

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at!

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3 . nu:

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1 enplan::ml:nEflmu(n‘)m:n;i”:uy 1.8PEcIAL PROVISIONS

condition the «man:

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«'.:.:'=~..*,:::=.-;. ~.a::...%.~*.

6 hutfn I

dawn applicable to

r..:"s.,'s.:.;~::.;°°.'".:“;‘..#’"~”~'~"::£~”n2."a:;-,:'. '~ on.) glut: caucus: so nhjaoe court. lnszia county rescue. he the um.v.f"'o":“:"'§ao 2”-You. puma u 2ETILEMENYAND OTHER ENSEB ‘flwfoilowlng exponent mums

~~

(I) Expenses puyahtabysoflot gtarprlulododnnz

slim’: mun):

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amuaucaneondm 171.4 8:13 W11 ac.

following

older: Buyers

VA. Texas Valonim oihetauyml

la

E=a:~:.~.W.g*.,°:z."m.m"°*°a%:

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mmumo we come:

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glam be provided

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bylaw.or bolg. at '"'°m”*.m...mmWa;.“:;"~°:'

It sailor lalls comply vim W: ammo rolaanlna hum yams: Item Ihlaeantvacl.

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IIJJEWATION: tho olInasnIaol'rexuIue ggfiggnmwwaa

II it

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madman bur mo nmuaflcn com shall

tram noehhg omlmflu tulle! mm a own at

11. ATTORNEY! FEES:

pnmiadnimyl av

18.

Huufiu misled to

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salons coda

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~ OONOHWING11-IE PROPERTY AT

1

THIS NOTICE IS A DISCLOSURE OF SELLERS DA'|'E8BGNEDBY$El.LEHAND1SNOTA IOIOWLEDGEOFTHE $NDmONOFTHE FROPEfi'|"IA80¥TH!

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dnoasotlerheooeunpladfl-wfimpam '

section 1. The Property one we :\avorouawmuwPnpony Immum 7%» ~~

below: (um Yea on. No utllnimown Tmnatladoasmiuuwmnuaaomnobo Tllaunbedufl MlHIIl¢ll|l.%I)IHflllfilVOy.

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I. m‘ D

mg” ammun: escnassz~saAa4au1-can-a=ac761I1II=7

111.4 D:-local). ac.

comamhamalfmpqnyu ‘

was the Pmporlyhulil balm 1978? Clyu DM wnIaraupp|yprovldodhy:aol1y Dwell Boo-op Una

own cIother:_____________.

(I've-. eampzoto.

Rooi‘I'ypo:_

sun. and man ‘rm-1m g load-based perm humus).

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an

(approxbnua)

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anclbn 2. Arayvu (senor) owuu at my nwua and no (N) I! you on not aware.) debate or mufluuofiom In my 0! the Ionowlnaiz (Mark Yea (Y) you an El‘

~

Y

~~

llmaamwarlonnyonhollams 8adJon2|syaI.oxp!dn(ullodI shaouIlnoousuy):__________

suntan 8. No you (antler) aware cl any ol mo you am not aware.) lollowlnn eondlllomu (Mark You (V) II you no man ml No (R) I!

(TAR-1466) 01-O1-14 lnlllalad by:

Ind

Pllfllllilllbkflfiwlvl-Int Iidlomua-IflnIIaIM|wr.|IlthnlIna 89llDIz__1.._._.__. Plat 2 oi 5 maflnam nuuuun mama awnhoo u:aocAaae:~aaAe4az1-sash-035675731097

.

1714 32110011. 68.

coneomlng tho Proalny a1 "=9 Illho annwotloanyotmoltomntusooflonafsyos. 9XPlIln(atta:lIodd1lIona!ohoaIollneoeoca¢y):

'Aslnabhbdmhhmdnmhnwuuuam1hnnnoopmomhawd¢oranmdIvldw.

ocean I» Avnyunusan owuoolan Ium.oqu1p:mmLor dloolosyodln our: nation?

um lolnyoamnploin

naanoponyoutmnnudmnpau

l’|Ocfl$ly):

Eliyyet no (andldzflluwdnui ‘

sucllons.) An you (Sailor) swan ol any oi mo tollowlny (Mark You not won. (V) If you no swore. link No (N) P! you on

0 Roomudtllo wdmalmomflcauotnwmrmouorofl lnuampihneomwfibultolngcodoahefloemthemo.

W ovropolnmadovlnluouinoeauuypumillomol cl Ho:nowuI:'rs' ormalntonanco loaaotauoumonra. llyas.

comphtolhofotlowlngz

umwnh I03

euwmmme Pm“:

F

8____ _ pII'_______

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Dyna (S _._.

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D My common uoa(!ncl|1\1eo such It pooh. tennis courts. woflovnyo. or other)

wilh omen. Ii yu. complain mo toltowing: _ _ _N3yoLuond_nqwLqooloLmmmmunflaodIuwd1Byao—DnrHnwdwubm.T_';;_'2;:. ’

co-owned In unomdod Imam!

4A ‘ ‘

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Any oondlllon on ma Properly which molulnfly Ifleoulho Mam: or solely at an Individual Am‘ Nodm 0! tnolmnnlo mam other than routine maintenance. mode ouch no ubearooz radon. load-baud to pow. wwiomuoldohydo.

ma Propony Io tomodlalo onvhonmml or mow.

ouch onyoortlflcotas

'

flyoo. or ofhardoannanlatlon ldanlllytngthe eoulflcnto ol mold tomodlollm ov om!

romodlallen).

mom onus ronwdhflon (lo: omnpln.

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D fiwhoporwkhuladluooropaneuoooymmsetvleoureaownedbyapmpanndsulbufionsyown

rv / /

(TAR-140e)0!-01-14 r-u-u-macaw-u-an

lnltlalod by:

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1114 02193911 81:.

consuming the Pmputy at '

Iuhoansworlomyawxsltmnsln8owonSIayus.exp!ah(auadnndwuIushaeblrceossuy):

—_—.—:.:.j

Reunion 6. Sollnr D has Uhu not albehod a survey at nu Property. Bawon 'I.pNV:l'gv: the Laue: 4 neatvedwupny wrtuatI|l’r!:"sp:ma!on tepom ragulmy naps on: y-$n:!,mhan outy:'tlIh(segon

or suede: name: tau: panono who Inspections? Dyes Duo Ityountudu eeplaomdecmplawlhafollcwt-va: a aopenulfled yuwhperlenn

~ Now.-A buyarahouldnotrw an the above-drednponaau mlloctlonollha curruntcondlilon aim Properly/.Abuyershouldob!eln tnspoabnsfmmtnspsatnrs chounbytbabuyar.

soeglun 8. ohm: any tax umpuomubwgmragflm ourmnfly comm (or the Property:

Cl Wlkmle Management ['3 Aaflouilunl [3 Disabled Vsuamn

D Other:

qunknum

Bedlons. Haw pmvldm Dyna

u

no

(Sella) ever um a claim {or damn: lo the Pmpany with any insurance

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no YES IXNBIII3

Section 11. Does llwpmpuly hnva working unoha dam roqulmmunto ucnapunaa ol the Huallh and Ealely Oodurmk unlw.-Mn accordance with the uncle: «teeter Installed In

Mrlaamddfilonalshootl I1 nonusavy):

Elna Oyoa. flnow unknown. upldn.

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(ran-uoe) o1-on-:4 lnlflaludby: M48011 a:-.___.___' Panel at 5 Pvctndihifallfibllblofl l0BN|IbIrI|flulu¢.Rm.Ifll§IIIfl& jflfimg flllfliliaflfi ~~~~ DnflJ§i'lI EIIMODI I3: EBGAEBEE-BBAE-4321-BRA-633075731037

~

1711- 3:13:91). It.

Ooucamlng the Pmpom as

solloroelmovdodgaummumamuomwmlnmulnfloeammnwmoboddsdlorsbonu Ihatnopuown. lndudlmfln brown). has lnswctad gqnnuoneed Salaam pmvldo Innocents lnfonmlion ov to matulal Intonnnllan.

ADDITIONAL NO'I1¢ES TO BUY: (I)

ThomruboplnrnanlofPuhnosulotymalnlalnandmbeaotlniihopuhllomlyoearoll.unooosldodcumnrnol nghtovodouoffmdemmboamdlnmvmndpooduueufoaaamhmooamboao :01‘ lnlannullon

npumnom.

aoncomlng pill ulmlnal

’

actlvny In oemln mm or visa

nolgkoomoooo. comm mo Inna! polio;

(2)

IlfltewopenylsloealodlnacoaotaluuollnamoeawudolmoenmlnImooasuJWn1nIwIyorvIlWM.0oolu:oI1ho mnnnlshudohordorlnglho Gurl ofMa:loo.I.hoproponymoybao1Mee1to(ha Prozocllon Act (chnplav 81 or G3. Nnlmnl Open Boaohukaonho Dunn Raaoumoo coda. rospaoirvoly) and a hndmont dune prolocflon pm-nil may be mqulmd tor ropalu or eonovuoum ooaflilmta or lmpnmmonh. comm the local aovouuuoni with udlnmou sulhorlly ovoreonnmollon adjacent to pubflo bundle: for mu lnlonnwon.

(5) 11 oflon on square Iootana. maasmomemo. 0! houndallut.

you Ire basing your

lndooandonny moasumd to verily any npanod Infaunanon. you would haw lhoso Roms

(4) Tho following providers currently provide service In the property:

Bowls:

phone Ii:

swan

_ Waist: _cahls:

Tram:

.fi;_———— 2 —*“pmrne’f ’ ’ ” plum s:

[moon 9:

" ’ "K .__ _ > _ Nlluml aw phone B:

phone I:

Phone company:

phone 9:

Propano:

phone I:

(6) Tllic scum Dlsololute Nolloo was oornploted by Seller as ol the data algnod. The as we and correct andlaavo no mason Io bollovo to be lain or lnaooulatn.

broken have ruled on Ihls notice AN INBPEOTQH QF v_oua CHOICE INSPECT THEII PROPERTY. YOU ARE ENCOURAGED TO HAVE

The undmlanad Buyer uhgulovvjadgea receipt oi Illa tovogolng nofioc.

out-n

'

6/20/2014

,

a1o Elnnauia 3| Buyer

Prlmnd Name: Dow Prlmvd Name:

(TAR-1406) 01-01-14 .

Pogo Sol 5

um-vvmorauouv Iblnh umonnuuuunuo.nmv.Iwvu¢nII uunlnhnm numsunn ~

Doaflhtl ammo no: aunzczauszs-ma-sacs-aasvrracsaes

Q

__ """'

PHOMULGATED BY THE TEXAS REAL AMENDMENT

TO CONTRACT CONCERNING THE PROPERTY AT TATE COMMBSION (THEE) 12-05-2011

1714 Ddnaoll St. §g_u_|£:‘n Address and CW)

'

(Street

~

Sella! and Buyer amend the contract as futlows: (check each applicable box) D (1) The sales Prtoo In Paragraph 3 ol the contract In:

A. cashp¢rt1onotSalasPr-mopayablehyfluyeratcloslng ......... 3. sum ottlnanctngdowlbedln thecontract.. ........... .. O. satesPrtee(sumotAa.ndB)... .... ...... ..........

D (2) In edattlon to MY MP2!!! and treatments otherwise required by the wntract. seller. at sullen expense. shall complete the (allowing repair: and traatmnts:

D (3) ThedatoInPanqraph9dttrecomrat:ischm1uodto__________._:. El Thaamauntln Parugraph12A(t)(h)olthoeonttas!lachancadto$j.j_.j

D

(4) . (6) flteeostoflardamqulrodrapalmuunanmont.asttonizodonmaanaatadflsnwlllhopdd astolIowa:5_______:_:_, bysallens D (G) BuyurhaspatdselIeranoddItfonalOpt5onFaeot$ byfiuyar. tornnextonslonotttte

unrastrtcted right to terminate the contract on orbotore .1'hiudditlonnlOptionFeoEIwntD wmnotbouadltadtofltosalasfitca.

__j_____________

.

El Buyer walvestho unraatrtctcd rtght to terminate the corrtrut tor whlchthe OpllonFeow|s paid.

0

(7) (8) The data for Buyer to gm written notice to Setter that Buyer cannot obtain credit Approval as caHon!IlI'Ilh£Tl1lrdPany Hnanol:IaCondIllcnAddandumloICred!tApprcval|ad1Anned lo_.::_j__._____

D

.

(9) other Modifications: (Insert or_\ty tin!_a;ta_ta1onts_:rId b§nags_detal_Is tun sat9.L

Z

EX$UTED I30 68] 0' , . (BROKEN: FILL IN THE BIT! OF HNIL A%EPTAN°E-)

'-"

Ileana. Inc. Salter / ‘=9

3|-WW SOHO!

hum. find’:

“"”.."“° '°"":.“'

mun ........t.....:’.:".‘.'.'.‘..“.’!‘:'.§.".“.;':.t“..m,'” '“‘°'“"..m...'?..' ‘R“.2".’...'i°"‘°""‘ .3‘) ....m.°"“' "’.;':""°'....¢u....""

vamudonu. TIMI Roll Ellnla I . Box 12138. Alrflh. ‘TX 73711-2138. 512-OSBQMO tar

(Mtp#tnu.vna.Ia:n.uov)TflEONc 30-7 TIdutuImInplanITHEONo.3I-9.

(TAR-1503) 12-05-9011 P3931511

laIl:rVIl|l$IAw.530P¢u0IkBl\»d.lhutua.1'X17W1 Pha:1l!J¢9£IS9 ru: 1tusv.utr1 misaoqtut nltosuscou.

mm:-can wramouyuatqu tmnnnmmannu. rumwaunaaoan ggggmm

.

." -

Doeuslaa Envnlupn ID:

PHOMULBATED EYTMETHA8 REAL ESTATE COMMISSION (THECI 12415-um

AMENDMENT

TO CONTRACT CONCERNING THE PROPERTY AT

~~

1'l14'D:1nca1l. it.

QQILWII

'

(8!mt| Addams and Elly)

seller and Buyer amand tha comma an (nllnwn: (chads each applicable box) D (1) The sales Price In Paragraph 3 cl the warrant ls:

A. cashpanlonolsalesPrlunpnyablabyBuycratcloslng.....

..s

B. sumolflmnungdascrlbadlntheennlract...

..s

c. snlasP:£oa(surnolAanda]............ .

D (2) In addition to any repairs and Iraalmaruo otherwise.

S

-thélcznlract. Sailor. al sellers oxpanu. Ihaltccmplelo the (allowing repairs and lreahnenls:

n Thadahln Pamaraphsoltha wntmctischanaedto

D

(3)

~ ‘mo amount In Paragraph I2A(1)(b) at In:

D

(4) (5)

caramel I: changed to 8

The mm o! lander required rcpalra and Iroatnxant, as flomlzud on ______j.____:, .

as mom: 8 anachzdgsi. wlfl ha mid Iha

D (8) V W”

.

for an nxtansbn of the

unmlrlcted right to Immlnnla (ha contract on or TM; uddlilonalopllonfio D MID wlllmlbocredllodlolmsdaa Ptlca.

Won

D

.

.

Buyer walvu Iha unmmclad nah! lo tannfnuu (ha centred lot

D

(7)

which

(8) The dale lor Buynr to gm wrman nolluo Io Butler that player annual the Option Fee was paid.

ubluln credit Approval ll (arm in the Third Party Financing condition Addendum (nr Gradh Approval ls changed .____.j..____ ..____-

(5) If Modifications: (Inaa'n my (actual atuernanu and business details appflcaua£lhi£n1¢.)__

acacuranna of IIATE OF FINAL ACCEPTANCE.)

“WW , . (BROKER: FILL IN THE _

UR

5E'mn:5arn%9= H-W Eallvrmifuh-=h._¢.wr€ Rape!-at-d

E3-‘NW

fiEi5TSu:u¢£.vut

III

&'°'&‘..a.

""" approved %m rebut .'.'.’u“J.° :'.;‘.'§’!..'.'iy’."n‘a":¢‘s"e..... .;':‘f.";i‘..‘.'a'.‘a"a‘..'3";'."'-a'$‘«"x'a'y":’..’fl°‘?

“' """"“'

‘.1"u§'

3"""“""wm-m=s...'“"' '¥.'3.5"s'a‘§’¥‘ "‘""a...."'

..u.."':- 'w£"u'a'u'."' mu...""°'"‘ (f%\!.VI§.| )7flECNO.39*7.nII1€fllIlbfll&'Ifi$&.SB-C.

"r"s:’§‘a'v"':"sfzu"ss'i"‘i'u'é“3'b"a""souo"'

12452011

(TAR-1908] URI Gimcv ad» Page i alt ¥...m‘3imoo '”“‘*r'.’.’:”u".'.1‘m:o.“‘”’““““‘».'I.‘.’J'£.‘.'...

Hlanldmfixhfnaflwfiplwh nuoumllsl lIWOfiIDOIIIflaI|Id.FnIlr.IEfil§call&| $313,315.33

TAB CC

APPENDIX TAB APPENDIX

Appellees Notice of Appeal

N0. 2013-67779

WILLIAM G. WEST, AS CHAPTER 7 § IN THE DISTRICT COURT OF TRUSTEE OF RICHARD DAVIS, DEBTOR§ Plaintiff, vs, HARRIS COUNTY, TEXAS PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C., AND 13500 AIR EXPRESS, L.P.. @l'0)|’0l|’0l(0l|’0ll0l§¢I(0lI71|'0lWlYJ1

Defendants .

V.

PTRE HOLDINGS, L.P.

I ntervenor 270TH JUDICIAL DISTRICT NOTICE 9; APPEAL

NOTICE IS HEREBY GIVEN that the Defendants, PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C., AND 13500 AIR EXPRESS, L.P., and Intervenor, PTRE Holdings, L.P., hereby appeal the Order Granting Sale of Property signed October 10, 2014 which this Court entered on the 10th day of October, 2014 at the request of the Plaintiff, William G. West, Trustee, to the First or Fourteenth Court of Appeals at Houston, Texas. There are already two related pending appeals in the First Court of Appeals in Case No. 01-14- 00455-CV. Defendants and Intervenor state the following:

1. The Trial Court is the 270th Judicial District Court of Harris County, Texas.

2. The Judge of the Trial Court is the Honorable Brent Gamble.

3. The Order being appealed was signed on the 10th day of October, 2014 .

4. Defendants, PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C., 13500 AIR EXPRESS, L.P., and Intervenor, PTRE Holdings, L.P.,

1

APPENDIX C

desire to appeal.

5. Appellants believe that the appeal is taken to the Court of Appeals for the First Supreme Judicial District of Texas at Houston, Texas.

6. Defendants, PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C., 13500 AIR EXPRESS, L.P., and Intervenor, PTRE Holdings, L.P., are the parties taking the appeal and filing the notice.

Respectfully submitted, s/Joe Alfred Izen, Jr. Joe Alfred Izen, Jr. Attorney for Defendant and Judgment Debtor TBC # 10443500 5222 Spruce Street Bellaire, Texas 77401 (713) 668-8815 (713) 663-9402 FAX jizen@comcast.net

s/Joe Alfred Izen, Jr. Joe Alfred Izen, Jr. Attorney for Intervenor, PTRE Holdings, L.P. TBC # 10443500 5222 Spruce Street Bellaire, Texas 77401 (713) 668-8815 (713) 663-9402 FAX jizen@comcast.net

CERTIFICATE QE SERVICE

I certify that a true and correct copy of the foregoing document was sent to Eva Engelhart, Receiver, 2 Riverway #700, Houston, TX 77056-1918 (713-623-6014 FAX) and Joshua W. Wolfshohl , Porter and Hedges, 1000 Main Street, 36th Floor, Houston, TX 77002 by facsimile transmission (713) 226-6231 Fax and/or U.S. Mail, postage prepaid, on this the 30th day of October, 2014.

s/Joe Alfred Izen, Jr. Joe Alfred Izen, Jr.

NO. 2013-67779

WILLIAM G. WEST, AS CHAPTER 7 § IN THE DISTRICT COURT OF‘ TRUSTEE OF RICHARD DAVIS, DEBTOR§ §

Plaintiff, § §

VS. § HARRIS COUNTY, TEXAS §

PHILIPPE TANGUY, 13500 AIR § EXPRESS, L.L.C., AND 13500 § AIR EXPRESS, L.P. , § §

Defendants. § §

V. § §

PTRE HOLDINGS, L.P. § §

Intervenor § 27OTI-I JUDICIAL DISTRICT PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C., 13500 AIR EXPRE§§, L,P. ‘S AND INTERVENOR, PTRE HOLDINGS, I._-.:P.'_S,__ REQUEST FOR FINDIEGS O_F PAGE AND CO§CLUSIO§§ {E LAW TO THE HONORABLE JUDGE OF SAID COURT:

DEMAND IS HEREBY MADE pursuant to Rule 296 of the Texas Rules of Civil Procedure that this Court prepare and file Findings of Fact and Conclusions of Law in support of its previous Judgment or order in this case signed October 10, 2014 and filed by the District Clerk on October 10, 2014. Demand is being made for the preparation and filing of such Findings of Fact and Conclusions of Law within twenty days of the signing of the Judgment as required by said Rule.

A copy of this demand is being provided to all parties and/or counsel of record.

Respectfully submitted. S/Joe Alfred Izen, Jr. Joe Alfred Izen, Jr. Attorney for Defendant and Judgment Debtor TBC # 10443500 5222 Spruce Street Bellaire, Texas 77401 (713) 668-8815 (713) 668-9402 FAX jizen@comcast.net

s/Joe Alfred Izen, Jr. Joe Alfred Izen, Jr. Attorney for Intervenor, PTRE Holdings, L.P. TBC # 10443500 5222 Spruce Street Bellaire, Texas 77401 (713) 666-8815 (713) 668-9402 FAX jizen@comcast.net

CE IF CA E E SERVICE

I certify that a true and correct copy of the foregoing document was sent to Eva Bngelhart, Receiver, 2 Riverway #700, Houston, TX 77056-1918 (713-623-6014 FAX) and Joshua W. Wolfshohl , Porter and fiedges, 1000 Main Street, 36th Floor, Houston, TX 77002 by facslmile transmission (713) 226-6231 Fax and/or U.S. Mall, postage prepaid, on October 30, 2014.

S/Joe Alfred Izen, Jr.

musveszaur/m7o Joe Alfred Izen, Jr.

APPENDIX TAB APPENDIX D TAB D

Notice of Appeal of the Sale Order

Cause #: Cause #: 2013-67779 # Court # 270TH

270TH Judgment Date:

Judgment 10/10/2014 Date: 10/10/2014

Volume: Volume: Page:

Page: Image #:

Image 62791808

#: 62791808

Due Date: Due 11/9/2014 Date: 11/9/2014 Attorney Attorney Bar No:

No: 10443500

10443500

F” F“ IN FILED IN

1ST ST 1st COURT OF APPEALS Assigned to Assigned 1 Court of Appeals 1St|C-l8H§¥()Ol\|l:,/'l'E?(:EéLS HOUSTON, TEXAS

10/31/2014 2:16:39 PM 10/31/2014 PM Date Findings Findings of Facts/Mtn _ _

Facts/Mtn of Modify/Mtn New Trial Modify/Mtn New

_

Trial filed?

_ _

10/30/2014 1Q/|§Q}é}g;flERAPR|NE

CHRISTOPHER A. PRINE

Clerk

Request for Transcript Filed? Request Filed? N/A N/A D

D

Appeal previously filed?

Notice of Appeal Y filed? Y OA OA

Number of Days: Number Days: 10

10

File File Ordered: Imaged Ordered: Imaged

Notes: Notes: Prev Case No:

Prev Appellate Case 01-14-00455-cv (3 No: 01-14-00455-CV RD

(3RD APPEAL)

APPEAL)

BC Notice of Appeal BC Appeal filed filed

BG Notice of Appeal filed BG filed — Government – Government

C C Judgment Appealing Final Judgment D -- Accelerated Appeal D Appeal OA No OA Record Request filed No Clerk’s Record filed O – Clerk’s Record O — Record Request filed of Appeal)

filed (w/Notice of

APPENDIX D

10/30/2014 5:03:45 PM

Chris Daniel —

Clerk Harris County Districi Envelope No. 3018791

By: Patricia S1 Romain-Tippins Filed: 10/30/2014 5:03:45 PM

NO. 2013-67779

WILLIAM G. WEST, AS CHAPTER 7 § IN THE DISTRICT COURT OF TRUSTEE OF RICHARD DAVIS, DEBTOR§ Plaintiff, § §

vs. § HARRIS COUNTY, TEXAS §

PHILIPPE TANGUY, 13500 AIR § EXPRESS, L.L.C., AND 13500 § AIR EXPRESS, L.P., § Defendants. § §

V. § §

PTRE HOLDINGS, L.P. § Intervenor § 27OTH JUDICIAL DISTRICT NOTICE QE APPEAL

NOTICE IS HEREBY GIVEN that the Defendants, PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C., AND 13500 AIR EXPRESS, L.P., and Intervenor, PTRE Holdings, L.P., hereby appeal the Order Granting Sale of Property signed October 10, 2014 which this Court entered on the 10th day of October, 2014 at the request of the Plaintiff, William G. West, Trustee, to the First or Fourteenth Court of Appeals at Houston, Texas. There are already two related pending appeals in the First Court of Appeals in Case No. 01-14- O045S—CV. Defendants and Intervenor state the following:

1. The Trial Court is the 270th Judicial District Court of Harris County, Texas.

2. The Judge of the Trial Court is the Honorable Brent Gamble.

3. The Order being appealed was signed on the 10th day of October, 2014.

4. Defendants, PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C., 13500 AIR EXPRESS, L.P., and Intervenor, PTRE Holdings, L.P., desire to appeal.

5. Appellants believe that the appeal is taken to the Court of Appeals for the First Supreme Judicial District of Texas at Houston, Texas.

6. Defendants, PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C., 13500 AIR EXPRESS, L.P., and Intervenor, PTRE Holdings, L.P., are the parties taking the appeal and filing the notice.

Respectfully submitted, s/Joe Alfred Izen, Jr. Joe Alfred Izen, Jr. Attorney for Defendant and Judgment Debtor TBC # 10443500 5222 Spruce Street Bellaire, Texas 77401 (713) 668-8815 (713) 668-9402 FAX jizen@comcast.net

s/Joe Alfred Izen, Jr. Joe Alfred Izen, Jr. Attorney for Intervenor, PTRE Holdings, L.P. TBC # 10443500 5222 Spruce Street Bellaire, Texas 77401 (713) 668-8815 (713) 668-9402 FAX jizen@comcast.net

CERTIFICATE QE SERVICE

I certify that a true and correct copy of the foregoing document was sent to Eva Engelhart, Receiver, 2 Riverway #700, Houston, TX 77056-1918 (7l3—623—6014 FAX) and Joshua W. Wolfshohl , Porter and Hedges, 1000 Main Street, 36th Floor, Houston, TX 77002 by facsimile transmission (713) 226—6231 Fax and/or U.S. Mail, postage prepaid, on this the 30th day of October, 2014.

s/Joe Alfred Izen, Jr. Joe Alfred Izen, Jr.

JUFC7 (NSK#) JUFC7 (NSK#) JUSTICE INFORMATION MANAGEMENT JUSTICE INFORMATION SYSTEM MANAGEMENT SYSTEM OCT 31, OCT 2014(C1)

31, 2014(C1)

INT6510 INT6510 CIVIL CASE CIVIL INTAKE

cAsE INTAKE OPT: INT OPT: _____ -— INT

GENERAL PARTY GENERAL PARTY INQUIRY

INQUIRY PAGE:

PAGE: 11 -- 2

cAsE NUM: CASE NUM: 201367779__ PJN> __ 201367779__ PJN> TRANS NUM:

__ TRANS CURRENT COURT:

NUM: _________ CURRENT COURT: 270 PUB? _ 270 PUB? _

CASE TYPE: CASE ENFORCE FOREIGN TYPE: ENFORCE FOREIGN JUDGMENT JUDGMENT CASE STATUS:

CASE DISPOSED (FINAL)

STATUS: DISPOSED (FINAL)

WEST, WILLIAM STYLE: WEST, STYLE: WILLIAM GG (CHAPTER TRUSTE VS (CHAPTER 7 TRUSTE PHILIPPE TANGUY, PHILIPPE

VS TANGUY,

============================================================================= tttt INACTIVE **** INAcTIvE PARTIES **** PARTIES ****

PJN PER/CONN COC PJN PER/CONN BAR COC BAR PERSON NAME PERSON NAME PTY PTY ASSOC. ATTY

ASSOC. ATTY

NUM NUM NUMBER NUMBER STAT STAT

__ 00007-0001 IVD 00007-0001 IVD WEST, WILLIAM WEST, WILLIAM

__ 00006-0001 00006-0001 IVP IVP 10443500

10443500 PTRE

PTRE HOLDINGS

HOLDINGS L PP

L IZEN, JOE ALF IZEN, JOE ALF

__ 00004-0002 XPL 00004-0002 XPL 10443500 13,500 AIR 10443500 13,500 EXPRESS LP AIR EXPRESS LP JOE ALF IZEN, JOE IZEN, ALF

__ 00003-0002 00003-0002 XPL XPL 10443500

10443500 13,500

13,500 AIR

AIR EXPRESS

EXPRESS LLC

LLC IZEN,

IZEN, JOE

JOE ALF

ALF

__ 00002-0002 XPL 00002-0002 XPL 10443500 10443500 TANGUY, PHILIPPE TANGUY, PHILIPPE JOE ALF IZEN, JOE IZEN, ALF

__ 00001-0002 XDF 00001-0002 XDF WEST, WILLIAM WEST, WILLIAM GG (CHAPTER TRU (CHAPTER 7 TRU

__ 00005-0001 RCV 00796513 00005-0001 RCV 00796513 ENGELHART, EVA SHAFIR ENGELHART, EVA SHAFIR

__ 00004-0001 DEF 00004-0001 DEF 10443500 13,500 AIR 10443500 13,500 EXPRESS LP AIR EXPRESS LP JOE ALF IZEN, JOE IZEN, ALF

__ 00003-0001 00003-0001 DEF DEF 10443500

10443500 13,500

13,500 AIR

AIR EXPRESS

EXPRESS LLC

LLC IZEN,

IZEN, JOE

JOE ALF

ALF

__ 00002-0001 DEF 00002-0001 DEF 10443500 10443500 TANGUY, PHILIPPE TANGUY, PHILIPPE JOE ALF IZEN, JOE IZEN, ALF

_ 00001-0001 PLT 00001-0001 WEST, WILLIAM 24058058 WEST,

PLT 24058058 WILLIAM GG (CHAPTER TRU (CHAPTER 77 TRU POWER, AARON POWER, AARON

==> (11) ==> FOUND CONNECTION(S) FOUND

(11) CONNECTION(S)

1=AcTIvE 1=ACTIVE 2=ATY. INQ.

2=ATY. INQ. 3=ACT.ENTRY 3=ACT.ENTRY 4=ISS. SERV.

4=ISS. SERV. 5=DOC. INQ.

5=DOC. INQ.

6=CASE INQ. 6=CASE INQ. 7=BACKWARD 7=BACKWARD B=FORWARD 8=FORWARD 9=PTY. ADDR.

9=PTY. ADDR. 10=REFRESH 10=REFRESH 11=HELP

11=HELP

TAB EE

APPENDIX TAB APPENDIX

Appellants Notice of Designation of Additional Items

ALFRED IZENA JOE ALFRED IZEN JR.

JR.

JOE IZEN & IZEN & ASSOCIATES, ASSOCIATES, P.C.

LAW

P.C.

ATTORNEYS AT ATTORNEYS AT LAW

SPRUCE STREET

5222 SPRUCE 5222 STREET -— BELLAIRE, TEXAS 77401 BELLAIRE, TEXAS 77401

668-8815 Telephone

(713) 668-8815 Telephone / (713) 668-9402 Fax 668-9402 Fax

December 29, December 29, 2014 2014

Chris Daniel Chris Daniel Harris County Harris District Clerk County District Clerk P. P. O.

O. Box 44651 Box 6 51

Houston, Houston, Texas 77210 Texas 77210

RE: RE: No. 2013-67779;

No. William G.

2013-67779; William Q; as as Chapter Trustee 9;

Chapter 17 Trustee Richard of Richard

Davis, Debtors, 1; Davis, Debtors, Philippe Tanguv, v. Philippe Tanquv, E; Al, Et Al, Designation

Designation of

of

Additional Items Additional Items to

to Be Included in

Be Included Record on

in Record on Appeal; Request Appeal; Request

Reporter's Record

Court Reporter's

for Court for Record Dear Sir: Dear Sir:

Attached is Attached is a copy of

a copy the District

of the Clerk's Docket District Clerk's Docket Sheet Sheet in

in

above—styled and the above-styled the numbered cause.

and numbered cause. The circled are items circled

The items the are the

items Appellant designates items Appellant designates as items to as items included in be included

to be in the Clerk's the Clerk's

Record on Record on Appeal. Request is Appeal. Request made that hereby made

is hereby Official Court the Official

that the Court Reporter of Reporter 270th Judicial the 270th

of the Judicial District District Court

Court that took the

that took notes

the notes

Motion to the Motion at the at Sell Real to Sell Real Property hearing on Property hearing October 10, on October 2014,

10, 2014,

prepare aa Court prepare Reporter's record Court Reporter's record of hearing for such hearing

of such purposes of for purposes of

appeal. We appeal. request an We request estimate and an estimate will forward and will requested forward aa requested

deposit. deposit.

Sincerely, Sincerely,

Joe Alfr Joe Alfred Jr.

Izen, Jf\ Izen,*

JAI:kC JAI:kc cc: cc: Eva Engelhart Eva Engelhart Joshual Wolfshol Joshual Wolfshol TANHEHCBV . DOR/TK1o7'| TANWEHC3Y.D0R/TK471

1

APPENDIX E

Office of Harris County District Clerk - Chris Daniel Page 1 of 5

HCDistrictclerk.com WEST, WILLIAM G (CHAPTER 7 TRUSTEE OF THE l2/26/2014 ESTATE 0 vs. TANGUY, PHILIPPE Cause: 201367779 CDI: 7 Court: 270

DOCUMENTS Number Document P05‘ D3” P35 Jdgm

~~~ 6361-3?W5\_ Certificate of Conference _g __ ER SIGNED GRANTING ENTRY OF TEMPORARY ORDERS __, _ ._,,__._______»__M_ W '2/“/20”

I2/I6/20l4

;

633668] I Proposed Order to Tumover Log Books‘Provide Access to Non-Exempt Airplane and to 12/03/2014 3 .

Retain Gordon Cragg to Appraise the Airplane 4 ‘\ /

Notice of Past Due Findings of Fact and Conclusions of Law Pursuant to Rule 297 Texas ‘

éylffié ll/24/2014 3 b‘4 «rs __

Rules of Civil Procedure (x V: 54:: O ‘”

63238l37 Proposed Order to Tumover Log Books and Provide Access to Non-Exempt Airplane and I ll l9/20l4 2 °’ '

~ to Retain Gordon Cragg to Appraise the Airplane

63l53004 Defendants and Judgment Debtors. Philipe Tanguy,l3500 air Express. L.L.C.. and l3500 I I/l3/2014 ~~ Air Express. L.P.'S Response and Objection to the Reeeiver's Motion to Compel Tum Over Order of Non-Exempt Airplane and to Retain Gordon Cragg to Appraise and Sell the A

~~

~~~~ ~

A

~

63153005 Exhibit ll/I 3l20l4 6 ~~63153906 ~ ~~

Proposed Order I/I3/20

~~~ _____ I

‘63l53007 Defendants and Judgment Debtors, Philippe Tanguy, l3500 Air Express. L.L.C., and ll/l3/2014 ~~ l3500 Air Express, L.P.'S Motion for Continuance ofTrial on Receiver's Motion to Compel Turn Over Order of Airplane and Claim for Turn Over Purported Distributions

~ ~~ ($2,085.?

~~~ 63I53008 Exhibit A llll3/2014 2 ~~~ ~ 63l53009 Exhibit B ll/l3/2014 2

Proposed Order I I/I3/20|4 2 ~

Affidavitof Defendant, Philippe Tanguy, ln Opposition to Receiver's Motions for ll/I3/20l4 9 Charging Order Against Debtor. Philippe Tanguy's Partnership and Membership Interests

~

and Motion to Compel Turn Over of Non-Exempt Airplane and to Retain Gordon Cragg to Appr

63169159 EXHIBITA ~~~

~~

~~~ -> ll/I3/ZOI4 l

~~ »> 63l69l60 EXHIBIT B II/I3/ZOI4

~~ A> 63l69l6l EXHIBITC _________ ~ ll/l3/20l4

~~

63l203l9 Defendant-In-Intervention William G. Wests, Chapter 7 Trustee of Richard Davis Original ll/l0l20l4 Answer

~~~ 62996972 Defendants, Philippe Tanguy, 13500 Air express. L.L.C.. [3500 Air Express, and LPS l0/30/20l4 lntervenor. Ptre Holdings. L.P.S. Request for Findings of Fact and Conclusioons of Law ~~~ 62999297 notice of appeal I0/30/Z0l4 2 62856928 Second Amended Notice of Hearing l0/2ll20|4 2

62735373 Amended Notice of Hearing 10/ I3/ZOI4 2 62708047 Defendant and Plaintiff-in-lntervention‘s PTRE Holdings, L.P.‘S Ob_]ECll0n to Reeeiv—eT'sg“ I0/l0/20l4 5 ~ Request for Emergency Consideration and (Proposed) Third Amended Order to Sell Real Property at l7l4 Driscoll Street ~62708048 ~~~ ~

Proposed

N" 0/ l 0/20] 4

%\

l I

ORDER SGND GRANTING SALE or PROPERTY

~~

_.4—-— no/1'5/2_o‘14-) I9

~~ Proposed Third Amended Order to sell property at l7l4 Driscoll St. I0/08/20I4 2 ~~

Exhibit C l0l08/20l4 I7 ~~

Supplemental Aflidavit to Motion to Sell Real Property of I714 Driscoll St. I0/08/2014 2

http://www.hcdist:rictclerk.com/edocs/public/CaseDetailsPrinting.aspx?Get=RPCzHNmB... 12/26/2014 ~~~62674331 _ ~

Office of Harris County District Clerk

Exhibit A

B

- Chris Daniel

__,, . _ , _ , _ ,_ ,,,__ ‘_ _, , . ... .

—»--

‘°’°3’2°"‘

'°’°3’Z°”

Page 2 of 5

-~-~~--‘-7-s

9

3

62674332 Exhibit

~~

~ 62674333 Exhibit C '0/W20“ '7

D '°’°3’2°'4 2 62674334 Exhibit

62674857~ Receiver's Motion to Compel Tumover ofNon-Exempt Airplane and to Retain Gordon 10/08/2014 4 Cragg to Appraise and sell the Airplane 62674858 Exhibit A '0/03/2°14 9

6267-4359 Affidavit 10/03/20"‘ 2

~ 62674860 Exhibit B I0/08/2014 3

~~62674861 Exhibit C I0/08/2014 I

62674862 PROPOSED ORDER TO COMPEL TURNOVER OF NON-EXEMPT AIRPLANE AND 10/08/2014 2 TO RETAIN GORDONCRAGG T0 APPRAISE AND SELL THE AIRPLANE 62674863 Notice or Hearing IOI08/20|4 2

62677691 Receiver's Motion for Charging Order against Debtor, Philipe Tnnguy's Partnership and 10/08/2014 Membership Interests

62677693 Exhibit A 10/08/2014 9

62677694 Affidavit 10/08/2014 2

62677696 Exhibit B 10/08/2014 3

~

62677697 Affidav it 10/08/2014 2

62677699 Exhibit C I0/08/2014 3

Exhibit D

~

62677700 10/08/2014 3

l 62677701 Exhibit E ______,__ 10/08/2014 5 ;

Order against Debtor, Phillippe Tanguy's Partnership and Membership 10/08/2014 3 Interests

62677705 Notice of Hearing 10/08/2014 2

~~~ ~~~ ~

62612274 Amended Notice of Hearing — 10/03/2014 2

~~ ~ 2888 Request for Emergency consideration/hearing on the Motion T6 real Property at 1714 ~10/02/20 I 4 Driscoll St.

~~

~~ 62597587 coun ofappeals for the first district oftexas at houslon order 5)” will H W H T ~~10/02/2014 6

~~~~ 62597656 Exhibit A_I0-02-l4 no/02/2014 9

~62597925 Exhibit B_I0~02-14 I0/02/20|4 3

~62597974 caring I0/02/20|4 2

62597986 LettTanguy West HC Notice ofNonavaiIibity ofCoun 10/02/2014 1

625982 I 3 Exhibit C_10-02-I4 10/02/2014 14

625982 19 Exhibit D_l0-02-I4 I0/02/20|4 2 62598236 Proposed Amended Order to Sell Property at 1714 driscoll st. 10/02/2014 17

6 I 708522 Defendants’ Notice of Filing 07/24/2014 I

6 I 708523 Appellants, Philippe Tanguy. 13500 Air Express. L.L.C., and 13500 Air Express. L.P.'S 07/24/201 4 20 Emergency Motion for Temporary Order Staying Turnover and Receivership Proceeding Pursuant to T.R.A.P Rule 29.3

6 I 708525 Affidavit of Appellant. Philippe Tanguy. In Support of Appellants‘ Emergency Motion for 07/24/2014 6 Temporary Relief Pursuant to T.R.A.P Rule 29.3 61710028 Exhibit A 07/24/2014 14

61710030 Exhibit B 07/24/2014 3

61710031 Exhibit C 07/24/2014 22 61714077 Amdavil 07/24/2014 2

http://www.hcdistrictcIerk.com/edocs/public/CaseDetaiIsPrinting.aspx?Get=RPCzHNmB... 12/26/2014

~~~

Chris Daniel Page 3 0f 5 Offtce of Harris County District Clerk -

\ ‘ e177‘4os5

—"‘ 61714036 61714093 ~ INTERVENOR. HOLDINGS, L.P.'S. RESPONSE AND OBJECTION T0 1>'r1u-:

RECEIVER. EVA ENGELHARTIS, MOTION TO SELL REAL PROPERTY AT DRISCOLL STREET AND PROPOSED ORDER ANDIOR AMENDED ORDER

INTERVENOR. PTRE HOLDINGS. L.P.'S. RESPONSE AND OBJECTION TO _

1714

07/24/201 4

07/24/2014

07/24/2014

1

4

RECEIVER. EVA ENGELHARTIS. MOTION TO SELL REAL PROPERTY AT 1714 DRISCOLL STREET AND PROPOSED ORDER AND/OR AMENDED ORDER 61714094 Proposed Order 07/24/2014 1

61609174 NOTICE OF PAST DUE FINDINGS OF FACT AND CONCLUSIONS OF LAW 07/16/2014 2 PURSUANT TO RULE 297 TEXAS RULES OF CIVIL PROCEDURE 61553449 Proposed amended Order to sell property at 1714 driscoll st. 07/ I I/20I4 2

~> 61553450 Exhibit C 07/ I I/2014 I4

61509888 Motion to Sell Real Property at 1714 Driscoll St. 07/09/2014 3

61509889 Exhibit A 07/09/2014 9

61509890 Exhibit B 07/09/20” 3

61509891 Exhibit C 07/09/2014 14

61509892 Exhibit D 07/09/2014 2

61509893 Proposed Order 07/09/2014 2

61509894 Notice of Hearing 07/09/2014 2

61758864 Court of Appeals First District (postcard) 07/07/2014 I

61611895 Court ofAppeals First District (postcard) 07/01/2014 I

61273901 DEFENDANTS, PHILIPPE TANGUY. 13,500 AIR EXPRESS L.L.C. AND I3,500 AIR 06/19/2014 I

EXPRESS L.P.'S, REPLY TO RECEIVER'S RESPONSE TO DEFENDANTS' MOTION TO LEASE PROPERTY AT 1712 AND 1714 DRISCOLL STREET. HOUSTON. TEXAS FOR A TERM LONGER THAN MONTH-TO-MONTH 61273914 Defendants Philippe Tanguy, 13500 Air Express L.L.C And I3,500 Air Express L.PS 06/19/2014 5 Reply To Reciever Response To Defendants Motion To Lease Property At 1712 And 1714 Driscoll Street. Houston Texas For A Tenn Longers Then Month-To- Month

61449265 Court ofAppeals First District (general infonnation) 06/ 19/2014 4

61244676 Receiver's Response to Defendant's Motion to Lease Receivership Property for Longer 06/18/2014 4 than Month-to-Month Tenancy and Motion to Compel Turnover ofDocumenls and Property Pursuant to Court Order Dated May 30. 2014

61244682 Proposed Order to Compel Turnover 06/18/2014 2

61256949 DEFENDANTS. PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C.. AND 13500 AIR 06/18/2014 2 EXPRESS, L.P. ‘S, REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW

61261600 Tanguy West HC Notice oIAppeaI 06/18/2014 2

61168270 Filing Letter 06/12/2014 1

61168574 Defendant, Phillippe Tanguy's Motion for Coun Approval to Lease Receivership Property 06/11/2014 4 for Term Longer Than Month-to-Month Tenancy 61168575 Exhibit A 06/11/2014 1

61168576 Exhibit B 06/11/2014 3

61168577 Proposed Order 06/11/2014 1

61168578 Notice of Oral Hearing 06/ 1/2014 I 1

61228236 Court of Appeals First District (general information) 06/06/2014 5

61065884 Trial Coordinator Document 06/02/2014 8

60995173 DEFENDANTS, PHILIPPE TANGUY. 13500 AIR EXPRESS. L.L.C., AND 13500 AIR 05/30/2014 6 EXPRESS, L.P.'S OBJECTION TO RECEIVER'S EMERGENCY MOTION TO COMPEL TURNOVER OF NON-EXEMPT PROPERTY. TO RETAIN REAL ESTATE BROKER. AND TO SELL NON-EXEMPT PROPERTY

http://www.hcdistrictclerk.com/edocs/public/CaseDetaiIsPrinting.aspx?Get=RPCzHNmB... 12/26/2014

Office of Harris County District Clerk - Chris Daniel Page 4 of 5

60995 I 74 EXHIBIT A 05/30/20l4 5

609951 75 PROPOSED ORDER 05/30/20|4 I

6I0|2360 ORDER SIGN ED COM PELLING PRODUCTION 05/30l20l4 2

Request Writ of Execution 05/27/2014 I 6 I 028332 Notice of Appeal 05/23/2014 2 60927975 Emergency Motion to Compel Turnover of Non-Exempt Real Properly. to Retain Real 05/23/20| 4 as 6093694 I Estate Broker and to Sell Non-Exempt Real Property

60936942 Exhibit A 05/23/20| 4

60936943 Affidavit 05/23/20| 4 NwN~o

60936944 Exhibit B 05/23/20 I4

60936945 Aflidavit 05/23/20| 4

60936946 Exhibit C 05/23/20 I4 I

60936947 Proposed Order 05/23/20 I4

60936948 Notice of Hearing 05/23/201 4 NNN

60708547 Bond of Receiver 05/07/20l 4

60708549 Oath of Receiver 05/07/20 I 4 I

606 I 8695 ORDER SETTING BOND SIGNED 04/25/20 4 I 8

ORDER SIGNED APPOINTING RECEIVER 04/25/20] 4 ORDER SIGNED GRANTING MOTION FOR TURNOVER 04/25/20I 4

605673 I 2 PETITION IN INTERVENTION OF PTRE HOLDINGS. LP. 04/24/2014 6

60487236 DEFENDANTS AND JUDGMENT DEBTORS, PHILIPPE TANGUY. I3500 AIR 04/2l/20I4 4 EXPRESS, L.L.C.. AND I3500 AIR EXPRESS. L.P.'S. MOTION FOR CONTINUANCE OF THE TRIAL ON PLAINTIFF’ S APPLICATION FOR TURN OVER ORDER AND APPOINTMENT OF RECEIVER AND MASTER 60487237 Proposed Order 04/2|/20l4 I

6048723l DEFENDANTS AND (PURPORTED) JUDGMENT DEBTOR, PHILIPPE TANGUY's, 04/|8I20I4 2 NOTICE OF DESIGNATION OF EXEMPT AND NON-EXEMPT ASSETS 60509764 DEFENDANTS AND JUDGMENT DEBTORS. PHILIPPE TANGUY, I3500 AIR 04/I7/2014 5 EXPRESS, L.L.C., AND I3500 AIR EXPRESS, L.P.S, FIRST AMENDED ANSWER AND ORIGINAL COUNTER-CLAIM 60245479 ORDER SIGNED SETTING HEARING 03/27/20 I 4 I

6008 I956 proposed order 03/20/20 14 I

60387480 MOTION TO RESET HEARING ON APPLICATION FOR TURNOVER AFTER 03/20/20 4 I 3

JUDGMENT AND FOR APPOINTMENT OF A RECEIVER AND MASTER 60387483 Proposed Order to show cause why appication for tumover aflerjudgment and for 03/20/20l4 I

appointment of a receiver and master should not be granted

58734703 Defendants and Judgment Debtors Philippe Tanguy. I3500 Air Express, LLC and I3500 I2/I3/20I3 I

Air Express. L.P.s Jury Demand

58734706 Defendant's and Judgment Debtors Jury Demand I2/I3/2013 I

587347I I Defendants and Judgment debtors Philippe Tanguy, I3500 Air Express LLC and I3500 Air I2/I3/2013 3 Express, LP's Motion for Refenal to Mediation

58734712 Proposed Order I2/I3/20l3 I

587347I3 Defendants and Judgment debtors Philippe Tanguy. I3500 Air Express LLC and I3500 Air I2/I3/20|3 3 Express. LP's Original Answer 58734700 Defendants and Judgment Debtors. Motion for Continuance of Trial on Application for I2/I2/20I3 5 Turnover Order alter Judgment and Appointment of Receiver and Master 5873470 I Proposed Order I2/I2/Z013 I

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Office of Harris County District Clerk - Chris Daniel Page 5 of 5

58671321 DEFENDANTS AND JUDGMENT DEBTORS PHILIPPE TANGUY 13500 AIR 1 2/09/20 I 3 6 EXPRESS LLC AND 13500 AIR EXPRESS LP'S MOTION TO SET ASIDE ORDER DATED NOVEMBER 8. 2013 OR FOR GRANT OF NEW TRIAL AND STAY 5867 1322 Exhibit A 12/09/2013

5867 I 323 Exhibit B 12/09/2013 :29

5867 I 324 Proposed Order 12/09/2013

583473 18 ORDER SIGNED SETTING HEARING I 1/15/2013 Noew\..aNNoow

58293800 Notice of Filing of Bankruptcy Judgment 11/14/2013

5829465 I Application for Tumover Afler Judgment and for Appointment of a Receiver and Master 11/14/2013

-> 58294653 proposed Order Granting Tumover and Appointing Receiver and Master 11/14/2013

-> 58294692 Proposed Order to Show Cause Why Application for Turnover Afler Judgment and for 11/14/2013 Appointment of a Receiver and Master Should Not Be Granted 58221562 Judgment 11/08/2013 1

-> 58221563 Aflidavil Of Names And Addresses 11/08/2013 2

-> 58221566 Filing letter 11/08/2013 I

58374140 LETTER ROGATORY ISSUED 11/08/2013 4

61 168271 WEST, WILLIAM G (CHAPTER7 TRUSTEE OF TH VS TANGUY. PHILIPPE

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