# Appendix — Austin v. Dawson-Austin > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386003_0959%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1999 - **Citation:** 525 U.S. 1067 ## Text ‘ Supreme Court, u W tts 98 559 01 1-198 OFFICE No. In The Supreme Court of the United States October Term, 1998 WILLIAM FRANKLIN AUSTIN, Petitioner v. CYNTHIA LEE DAWSON-AUSTIN, Respondent ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF TEXAS APPENDIX TO PETITION FOR WRIT OF CERTIORARI RICHARD R. ORSINGER Counsel of Record ATTORNEY AT LAW 1616 Tower Life Building San Antonio, Texas 78205 Telephone: (210) 225-5567 Telefax: (210) 267-7777 Attorney for Petitioner Item 1 Item 2 Item 3 Item 4 Item 5 Item 6 Item 7 Item 8 i APPENDIX Final Decree of Divorce .............. Trial Court’s Findings of Fact and Conclusions of Law .............. Court of Appeals’ Opinion ............ Texas Supreme Court’s Opinion........ Texas Supreme Court’s Judgment ...... Clerk’s Letter regarding overruling of rehearing in Texas Supreme Court...... U.S. Constitution, Fourteenth Amendment, Section 1 ............... Abernathy v. Abernathy, 482 S.E.2d 265 uo RRSP rete A-1 NO. 92-14835 In the Matter of . the Marriage of riag In the District Court of William Franklin Austin > Dallas County, Texas and 301st Judicial District Cynthia Lee Dawson-Austin FINAL DECREE OF DIVORCE On July 1, 1993, this case came on for trial in open court before this the 301st Judicial District Court in and for Dallas County, Texas. On August 31, 1993 both parties rested and on Septem- ber 2, 1993 the Court heard argument of counsel. Petitioner, WILLIAM FRANKLIN AUSTIN, Social Se- curity number 542-46-5854, appeared in person and through his attorneys of record, M.J. “Ike” Vanden Eykel of Koons, Fuller & Vanden Eykel and Harry L. Tindall of Tindall & Foster, P.C. Respondent, CYNTHIA LEE DAWSON-AUSTIN, So- cial Security number 543-50-1164, appeared in person and through her attorneys of record Kenneth G. Raggio, Charles Wilson and Tom O’Brien of Raggio & Raggio, Inc., Toby Goodman of Goodman & Clark, P.C., and Michael Aronson. Robert Smith, a member of the California Bar appeared pro hac vice. The record of testimony was duly reported by Evelyn Talada, 301st Judicial District Court Reporter, Dallas County, Texas. The Court finds that the pleadings of Petitioner are in due form and contain all the material allegations, information, and prerequisites required by law. The Court, after receiving A-2 evidence, finds that it has jurisdiction over this cause of action and the parties and that at least 60 days have elapsed since the date the suit was filed. The Court finds Petitioner was and has been a domiciliary of this state for at least a six-month period preceding the filing of this action and a resident of the county in which this suit is filed for at least a 90-day period preceding the filing of this action. A jury was waived, and all questions of fact and of law were submitted to the Court. The parties stipulated that William Franklin Austin and Cynthia Lee Dawson-Austin were married on August 23, 1980. The Court accepts the stipulation. IT IS ORDERED AND DECREED that WILLIAM FRANKLIN AUSTIN, Petitioner, and CYNTHIA LEE DAW- SON-AUSTIN, Respondent, are divorced and that the mar- riage between them is dissolved on the ground of insupportability. ) The Court finds there were no children born or adopted of the marriage and that none were expected. IT IS ORDERED, ADJUDGED AND DECREED that the estate of the parties be and is hereby divided as follows: Petitioner, WILLIAM FRANKLIN AUSTIN, is awarded as his sole and separate property all the property listed on Schedule “A” attached hereto. Respondent, CYNTHIA LEE DAWSON-AUSTIN, is divested of any right, title, interest or claim in the property listed on Schedule “A” and title to such property is hereby vested in Petitioner, WILLIAM FRANK- LIN AUSTIN. Respondent, CYNTHIA LEE DAWSON-AUSTIN, is awarded as her sole and separate property all the property listed on Schedule “B” attached hereto. Petitioner, WIL- LIAM FRANKLIN AUSTIN, is divested of any right, title, A-3 interest or claim in the property listed on Schedule “B” and title to such property is hereby vested in Respondent, CYNTHIA LEE DAWSON-AUSTIN. The Court orders that any unsecured debt shall be the obligation of the party incurring same unless specific provi- sion is made herein to the contrary. The award of property which secures an indebtedness includes the assignment of the underlying debt to the spouse receiving the property. The spouse receiving such property will indemnify and hold the other spouse and their property harmless from any and all liability on such underlying indebtedness. IT IS ORDERED AND DECREED that WILLIAM FRANKLIN AUSTIN timely pay and hold CYNTHIA LEE DAWSON-AUSTIN and her property harmless from the fol- lowing community liabilities: (1) NorthPark National Bank — $720,000.00; and (2) Norwest National Bank — $250,000.00. IT IS ORDERED AND DECREED and the Court so finds that, 100% ownership interest in Starkey Laboratories, Inc. was and has been at all times the separate property of WILLIAM FRANKLIN AUSTIN. IT IS ORDERED that WILLIAM FRANKLIN AUSTIN pay to RAGGIO & RAGGIO, INC. the sum of $400,000.00 for attorneys for CYNTHIA LEE DAWSON-AUSTIN. The Court finds that payment of said fees was made in open Court on the 28th day of September, 1993. IT IS ORDERED AND DECREED that CYNTHIA LEE DAWSON-AUSTIN shall appear in the 301st Judicial District Court, Dallas County, Texas at 9:00 p.m. on the 15 day of September, 1993, and execute, have acknowledged, and de- liver to WILLIAM FRANKLIN AUSTIN the following docu- ments or appropriate situs state equivalents: A-4 (1) [Special Warranty] Deeds in the forms attached to the Decree of Divorce as Exhibits B, C, D, and E for the following property: [6650 Vernon Ave. South, Edina, Minnesota, Units No. 219, 319, 406 and 419; (2) [Special Warranty] Deeds in the forms attached to the Decree of Divorce as Exhibits F, G, H, I, and J for the following property: 6670 Vernon Ave. South, Edina, Minnesota, Units 109, 119, 209, 409 and 419; (3) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit K for the following property: 6730 Vernon Ave. South, Edina, Minnesota, Unit 219; (4) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit L for the following property: 230 Birch Bluff, Tonka Bay, Minnesota; Lots 25, 26, and 27, “Wilcox Old Orchard Addition, Hennepin County, Minnesota. (5) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit M for the following property: 5321 Beachside, Mim_2tonka, Minnesota; Lot 17, Block 3, Beachside. A-5 (6) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit N for the following property: 706 Chandler Ave., Glencoe, Minnesota, Lot 6 and 7, Block 69 in the town of Franklin in McLeod County, Minnesota. (7) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit O for the following property: 601 Kings Croft, Cherry Hill, New Jersey; Unit No. 601, lying and being in the Township of Cherry Hill, County of Camden and State of New Jersey. (8) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit P for the following property: 2915 East 10th Street, Glencoe, Minnesota; That part of the West Half of the West Half of the Northeast Quarter of Section 18, Township 115, Range 27, McLeod County, Minnesota. (9) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit Q for the following property: 9505 Hamilton Ave., Eden Prairie, Minnesota; Lot 7 and That part of Lot 7, lying Easterly of a line described as beginning at the Southeast corner of Lot 7, thence Northerly at right angles to the South line of said Lot 7 to its intersection with the Northerly line of said Lot 7 and there terminating; A All in Block 1, Claradon Park, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said county. (10) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit R for the following property: 2255 Northeast 194th Ave., Portland, Oregon; Lot 5, except southerly 549 feet thereof, San Rafael Industrial District. (11) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit S for the following property: 6701 Field Way, Edina, Minnesota; Lot 2, Block 3, Parkwood Knolls, 19th Addition. (12) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit T for the following property: 205 Ellen, Nixa, Missouri; Section 13, Township 27, Range 22, All SE '/ NW '/s SE '/4, also described as Lots 1600 and 1603 City (Village) of Nixa and Vac. St. lying. (13) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit U for the following property: 208 Poplar, Nixa, Missouri; Section 14, TWp 27, Rg 22; Lot 6, Hedgpeth Estates. A-7 (14) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit V for the following property: 5334 Harbor Town, Dallas, Texas: Lot 13, Block "sss of Bent Tree North, an addition to the City of Dallas, Collin County, Texas, according to the plat thereof, recorded in Volume B, Page 138, Map Records, Collin County, Texas. Certificate of Correction filed November 20, 1978, recorded in Volume 1144, Page 789, Deed Records, Collin County, Texas and filed in Dallas County in Volume 78053, Page 1968, Deed Records, Dallas County, Texas. IT IS ORDERED AND DECREED that WILLIAM FRANKLIN AUSTIN shall appear in the 301st Judicial District Court, Dallas County, Texas at 2:00 p.m. on the 15th day of October, 1993, and execute, have acknowledged, and deliver to CYNTHIA LEE DAWSON-AUSTIN the following documents or appropriate situs state equivalents: (1) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit W for the following property: Street Address: 70661 Oroville Circle, Rancho Mirage, California. Parcel 4 of Parcel Map 5950, in the City of Mirage, County of Riverside, State of California, as per map recorded in Book 16, Page 53, of Parcel Maps, in the Office of the County Recorder of said County. A-8 (2) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit X for the following property: Street Address: 8 Birchfield Drive, Mt. Laurel, New Jersey. KNOWN AND DESIGNATED as Lot 8, Block 404 on “Plan of Phase One, Section 1 and 2 of Birchfield”, said map filed in the Burlington County Clerk’s Office on May 14, 1973, as Map No. 01709. ALSO being known as lot 8, Block 404 on the Tax Map of the Township of Mount Laurel, Bur- lington County, New Jersey. BEING the same premises conveyed to the Giantors herein by Deed of Peter H. Strauss which Deed is dated December 21, 1984 and recorded in the Burlington County Clerk Office on January 5, 195 in book 2948 of Deed for said County, on Page 131. (3) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit Y for the following property: Street Address: 6120 Pine Street, Florence, Oregon. Section 16, Township 17, Range 12, Tax Lot Number 02800. (4) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit Z for the following property: Section 27, T 13 S, R 10 W, County of Lincoln, as platted and recorded in Book 38, - A-9 Page 1376, Lincoln County Deed Records, in Lin- coln County, Oregon. (5) [Special Warranty] Deed in the form attached to the Decree of Divorce as Exhibit AA for the following property: Street Address: 5555 Collins Ave., Miami, Florida. Unit No. Ph-D, of OCEANSIDE PLAZA CONDOMINIUM, according to the Declaration of Condominium thereof, recorded July 24, 1978 in Office Records Book 10102 at Page 365 of the Public Records of Dade County, Florida, and amendments thereto, together with all appurte- nances thereto, including an undivided interest in the common elements of said condominium as set forth in said Declaration and amendments. IT IS ORDERED AND DECREED that all relief re- quested in this cause and not expressly granted is denied. Signed on the 28 day of September, 1993. /s/ BOB O’DONNELL BOB O’DONNELL, Judge Presiding 301st Judicial District Court Dallas County, Texas A-10 APPROVED AS TO FORM: TINDALL & FOSTER, P.C. By: “Harry L. Tindall Texas Bar Card: 20053000 2800 Texas Commerce Tower Houston, Texas 77002-3094 Telephone No. (713) 229-8733 Fax No. (713) 228-1303 KOONS, FULLER & VANDEN EYKEL, P.C. By: Kenneth D. Fuller Texas Bar Card: 07521000 M.J. “Ike” Vanden Eykel Texas Bar Card: 2311 Cedar Springs Rd., Suite 300 Dallas, Texas 75201 Telephone No. (214) 871-2727 Fax No. (214) 871-0196 ATTORNEYS FOR PETITIONER WILLIAM FRANKLIN AUSTIN A-11 RAGGIO & RAGGIO, INC. By: | Kenneth G. Raggio ; Texas Bar Card: 16467500 | 3316 Oak Grove Avenue, Suite 100 Dallas, Texas 75204 Telephone No. (214) 880-7500 Fax No. (214) 880-7506 A-12 SCHEDULE A PROPERTY AWARDED TO PETITIONER, WILLIAM FRANKLIN AUSTIN Real property and improvements located thereon, includ- ing but not limited to any escrow funds, prepaid insur- ance, utility deposits, keys, house plans, warranties and service contracts, and title and closing documents, more particularly described as: a) b) 9) 6650 Vernon Ave. South, Edina, Minnesota, Units No. 219, 319, 406 and 419; © 6670 Vernon Ave. South, Edina, Minnesota, Units 109, 119, 209, 409 and 419; 6730 Vernon Ave. South, Edina, Minnesota, Unit 219; 230 Birch Bluff, Tonka Bay, Minnesota; 5321 Beachside, Minnetonka, Minnesota; 706 Chandler Ave., Glencoe, Minnesota; 601 Kings Croft, Cherry Hill, New Jersey; 2915 East 10th Street, Glencoe, Minnesota; 9505 Hamilton Ave., Eden Prairie, Minnesota; 2255 Northeast 194th Ave., Portland, Oregon; 6701 Field Way, Edina, Minnesota; 205 Ellen, Nixa, Missouri; 208 Poplar, Nixa, Missouri; 5334 Harbor Town, Dallas, Texas: All household furniture, furnishings, fixtures, goods, appliances and equipment in the possession of or subject to the control of Petitioner, WILLIAM FRANKLIN AUSTIN. A-13 > of the artwork and collections of WILLIAM FRANK- LIN AUSTIN and CYNTHIA LEE DAWSON-AUSTIN. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of Petitioner, WILLIAM FRANKLIN AUSTIN. Any and all sums of cash on deposit in Compass Bank, Dallas, Texas, Account #73124328; and NorthPark Na- tional, Dallas, Texas, Account #5091426. The following life insurance policies insuring the life of WILLIAM FRANKLIN AUSTIN, together with any and all cash surrender value associated therewith and any and all contingent beneficial interest: a) Summit National Life Policy Number SN8904954U; b) John Hancock Life Policy Number 66808477; and c) John Hancock Life Policy Number 66858202. 66.68% of the Starkey Employees Savings and Retire- ment Plan, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all in- creases, its proceeds, and any other rights related to the Starkey Employees Savings and Retirement Plan existing by reason of WILLIAM FRANKLIN AUSTIN’S past employment with Starkey Laboratories, Inc. The Willowbend Polo & Hunt Club membership. A-14 SCHEDULE B PROPERTY AWARDED TO RESPONDENT, CYNTHIA LEE DAWSON-AUSTIN Real property and improvements located thereon, in- cluding but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, warranties and service contracts, and title and closing documents, more particularly described as: a) 70661 Oroville Circle, Rancho Mirage, California; b) 8 Birchfield Drive, Mt. Laurel, New Jersey; c) 6120 Pine Street, Florence, Oregon; d) Parcel 16.00, Section 27, T13S, R1OW, Lincoln County, Oregon; and e) 5555 Collins Ave., Miami, Florida. All household furniture, furnishings, fixtures, goods, appliances and equipment in the possession of or sub- ject to the control of Respondent, CYNTHIA LEE DAWSON-AUSTIN. 1/2 of the artwork and collections of WILLIAM FRANKLIN AUSTIN and CYNTHIA LEE DAWSON- AUSTIN. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of Respon- dent, CYNTHIA LEE DAWSON-AUSTIN. Any and all sums of cash on deposit in Norwest Bank, Minneapolis, Account #2735777; and Citizen State Bank Account #632083. The following life insurance policies insuring the life of CYNTHIA LEE DAWSON-AUSTIN, together with 10. il. A-15 any and all cash surrender value associated therewith and any and all contingent beneficial interest: a) Summit National Life Policy Number SN8904953U. The 1979 Mercedes motor vehicle, vehicle identifica- tion number 116003612006392, together with all pre- paid insurance, keys, and title documents. The 1975 Westlake mobile home, together with all prepaid insurance, keys, and title documents. 33.32% of the Starkey Employees Savings and Retire- ment Plan, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all in- creases, its proceeds, and any other rights related to the Starkey Employees Savings and Retirement Plan ex- isting by reason of WILLIAM FRANKLIN AUSTIN’S past employment with Starkey Laboratories, Inc., accor- dance with a Qualified Domestic Relations Order to be signed on the same day as this Final Decree of Divorce. Any and all sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases, its proceeds, and any other rights related to any profit-sharing plan, retirement plan, pen- sion plan, employee stock option plan, employee sav- ings plan, accrued unpaid bonuses OF other benefit program existing by reason of CYNTHIA LEE DAWSON-AUSTIN’S past, present and future employment. The Thunderbird Club membership. A-16 OREGON STATUTORY BARGAIN AND SALE DEED CYNTHIA DAWSON AUSTIN, Grantor, conveys to WILLIAM AUSTIN, Grantee, the following described real property situated in Multnomah County, Oregon, to-wit: Lot 5, except the southerly 549 feet thereof, San Rafael Industrial District. The true consideration for this conveyance is compliance with Decree of Dissolution of Marriage. Until a change is requested, all tax statements are to be sent to the following address: William F. Austin 5334 Harbor Town Dallas, Texas 75287 THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPART- MENT TO VERIFY APPROVED USES. DATED this day of , 1993. | = The foregoing instrument was acknowledged before me this day of , 1993, by Cynthia Dawson Austin, Cynthia Dawson Austin STATE OF County of A-17 who personally appeared and is personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that she executed it. Witness my hand and official seal. Notary Public for My Commission Expires: AFTER RECORDING, RETURN TO: Ike Vanden Eykel, Esq. Koons, Fuller & Vanden Eykel 2311 Cedar Springs, Suite 300 Dallas, Texas 75201 EXHIBIT Y A-18 This Instrument Prepared by: MILLER AND SCHWARTZ, P.A. Address: 4040 Sheridan Street, Post Office Box 7259 Hollywood, Florida 33081-1259 Robert M. Schwartz, Esq. Property Appraisers Parcel Identification (Folio) Number(s): 3214-010-2990 Grantee(s) S.S. #(s): 543-50-1164 THIS SPECIAL WARRANTY DEED Made the day of A.D. 1993 by WILLIAM AUSTIN and CINDY DAWSON-AUSTIN, his wife hereinafter called the grantor, to CINDY DAWSON-AUSTIN whose post office ad- dress is 70661 Oroville Circle, Rancho Mirage, California 92270 hereinafter called the grantee: (Wherever used herein the terms “grantor” and “grantee” include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: Thai the grantor, for and in considera- tion of the sum of $10.00******* and other valuable consid- erations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Dade County, State of Florida, viz: Unit No. Ph-D, of OCEANSIDE PLAZA CONDO- MINIUM, according to the Declaration of Condominium thereof, recorded July 24, 1978, in Official Records Book 10102 at Page 365 of the Public Records of Dade County, Florida, and amendments thereto, together with all appurtenances thereto, including an undivided interest in the common elements of said condominium as set A-19 forth in said Declaration and amendments. a/k/a 5555 Collins Avenue, Ph-D, Miami Beach, Florida 33140. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said grantor. IN WITNESS WHEREOF, the said grantor has here- unto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: L.S. Witness Signature (as to Grantor) Grantor Signature WILLIAM AUSTIN Printed Name Printed Name 5334 Harbor Town Dallas, Texas 75287 Witness Signature (as to Grantor) Post Office Address Printed Name A-20 £..S. Wimess Signature (as to Co-Grantor, if Co-Grantor Signature, if any any) CINDY DAWSON-AUSTIN Printed Signature Printed Signature 70661 Oroville Circle Rancho Mirage. California 92270 Witness Signature (as to Co-Grantor, if Post Office Address any) Printed Name STATE OF I hereby Certify that on this day, before me, an officer duly authorized to administer COUNTY OF oaths and take acknowledgments, person- ally appeared CINDY DAWSON-AUSTIN known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that she executed the same, that I relied upon the follow- ing form of identification of the above-named person and that an oath (was)(was not) taken. Witness my hand and official seal NOTARY RUBBER STAMP in the County and State last SEAL aforesaid this day of , A.D. 19 Notary Signature Printed Notary Signature EXHIBIT AA A-21 SPECIAL WARRANTY DEED TO STATE OF COUNTY OF I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledge- ments, personally appeared WILLIAM AUSTIN, known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, that I relied upon the following form of identification of the above-named person: and that an oath (was) (was not) taken. Witness my hand and official seal in the County and State last aforesaid this day of , 1993. Notary Signature Printed Notary Signature A-22 QUIT-CLAIM DEED THIS INDENTURE, Made on the day of Septem- ber A.D., One Thousand Nine Hundred and Ninety-Three by and beiween CYNTHIA D. AUSTIN, a single person of the County of Riverside, State of California party of the first part, and WILLIAM F. AUSTIN, a single person of the County of Dallas, State of Texas party of the second part, (Mailing address of said first named grantee is 5334 Harbor Town, Dallas, Texas 75287). WITNESSETH, that the said party of the first part, in consideration of the sum of other good and valuable consider- ation and Ten DOLLARS, to be paid by the said party of the second part (the receipt of which is hereby acknowledged) does by these presents REMISE, RELEASE and FOREVER QUIT CLAIM unto the said party of the second part, the following described lots, tracts or parcels of land, lying, being and situate in the County of Christian and State of Missouri, to-wit: All of Lot No. Six (6) of HEDGPETH ESTATES, a subdivision in Nixa, Christian County, Missouri. Subject to easements, reservations, and restrictions of record, taxes and assessments, general and special, not now due and payable. This Deed is delivered pursuant to a Decree of Dissolution of Marriage entered by the Circuit Court of Dallas County, Texas in case number 92-14835-T. TO HAVE AND TO HOLD THE SAME, with all the rights, immunities, privileges and appurtenances thereto be- longing, unto the said party of the second part and unto his heirs and assigns forever; so that neither the said party of the first part nor her heirs nor any other person or persons, for her or in her name or behalf, shall or will hereinafter claim or 7 A-23 demand any right or title to the aforesaid premises or any part thereof, but they and each of them shall, by these presents, be excluded and forever barred. IN WITNESS WHEREOF, the said party of the first part has hereunto set her hand and seal the day and year above written. (Seal) CYNTHIA D. AUSTIN Signed, Sealed and (Seal) Delivered in the Presence of (Seal) (Seal) EXHIBIT T A-24 TEXAS ACKNOWLEDGMENT — UNMARRIED PERSON STATE OF TEXAS ; Ss COUNTY OF On this day of September, 1993 before me, the undersigned a Notary Public, personally appeared CYNTHIA D. AUSTIN to me known to be the person de- scribed in and who executed the foregoing instrument, and acknowledges that she executed the same as her free act and deed. And the said CYNTHIA D. AUSTIN further declared herself to be single and unmarried. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the day and year last above written. Notary Public in and for said County and State. My term expires eo A-25 MISSOURI ACKNOWLEDGMENT — MAN AND WIFE i) ft ss COUNTY OF On this day of , 19 before me, a Notary Public, personally appeared and his wife, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the day and year last above written. Notary Public in and for said County and State. My term expires , Saee A-26 QUIT-CLAIM DEED FROM CYNTHIA D. AUSTIN, a single person TO WILLIAM F. AUSTIN, a single person Filed for record this day of A.D., 19 at o’clock, minutes, M. Recorded in Book at Page Recorder. By Deputy., Recorder’s Fee, $ This Document Prepared By Paden, Welch, Martin & Albano, P.C. 311 West Kansas Independence, MO 64050 A-27 STATES OP wiicccnenionsttients : COUNTY OF IN THE RECORDER'S OFFICE I, , Recorder of said County, do hereby certify that the within instrument of writing was, at o’clock and minutes M., on the day of A.D., 19, duly filed for record in my office, and is recorded in the records of this office, in book , at page IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at this day of AD, 19 RECORDER A-28 DEED CINDY DAWSON-AUSTIN Grantor. TO WILLIAM F. AUSTIN Grantee. Dated: , 1993 Record and return to: Attention: Ike Vanden Eykel, Esq. Koons, Fuller & Vanden Eykel 2311 Cedar Springs Suite 300 Dallas, Texas 75201 A-29 STATE OF NEW JERSEY AFFIDAVIT OF CONSIDERATION OR EXEMPTION (c. 49, P.L. 1968) or PARTIAL EXEMPTION (c. 176, P.L. 1975) To Be Recorded With Deed Pursuant to c. 49, P.L. 1968, as amended by c. 225, P.L. 1985 (N.J.S.A. 46:15-5 et seq.) STATE OF SS COUNTY OF FOR RECORDER’S USE ONLY Consideration $ Realty Transfer Fee $ ‘4 Date By * Use symbol “C” to indicate that fee is exclusively for county use. (1) PARTY OR LEGAL REPRESENTATIVE (See Instructions #3, 4 and 5 on reverse side) Deponent, (Name) CINDY DAWSON-AUSTIN, being duly sworn according to law upon his/her oath deposes and says that he/she is the (State whether Grantor, Grantee, Legal Representative, Corporate Officer, Officer of Title Co. Lending Institution, etc.) Grantor in a deed dated , 1993, transferring real property identified as Block No. 1404 Lot No. 8 located at (Street Address, Municipality, County) 8 Birchfield Drive East, Township of Mount Laurel, Burlington County, New Jersey and annexed hereto. (2) CONSIDERATION (See Instruction #6) Deponent states that, with respect to deed hereto annexed, the actual amount of money and the monetary value A-30 of any other thing of value constituting the entire compensa- tion paid or to be paid for the transfer of titlé to the lands, tenements or other realty, including the remaining amount of any prior mortgage to which the transfer is subject or which is to be assumed and agreed to be paid by the grantee and any other lien or encumbrance thereon not paid, satisfied or removed in connection with the transfer of title is $ None. (3) FULL EXEMPTION FROM FEE Deponent claims that this deed transaction is fully exempt from the Realty Transfer Fee imposed by c. 49, P.L. 1968, for the following reason(s): Explain in detail. (See Instruction #7.) Mere refer- ence to exemption symbol is not sufficient. (p) Recorded within 90 days following the entry of a divorce decree which dissolves the marriage between the grantor and grantee (4) PARTIAL EXEMPTION FROM FEE NOTE: All boxes below apply to grantor(s) only. ALL BOXES IN AP- PROPRIATE CATEGORY MUST BE CHECKED. Failure to do so will void claim for partial exemption. (See Instruc- tions #8 and #9) Deponent claims that this deed transaction is exempt from the increased portion of the Realty Transfer Fee imposed by c. 176, P.L. 1975 for the following reasons: a) SENIOR CITIZEN (See Instruction #8) C) Grantor(s) 62 yrs. of age or over.* C) One or two-family residential premises. LJ Owned and occupied by grantor(s) at time of sale. CJ) No joint owners other than spouse or other qualified exempt owners. A-31 b) BLIND (See Instruction #8) ©) Grantor(s) legally blind.* ( One or two-family residential premises. 1 Owned and occupied by grantor(s) at time of sale. 1 No joint owners other than spouse or other qualified exempt owners. DISABLED (See Instruction #8) ( Grantor(s) permanently and totally disabled.* C1) One or two-family residential premises. C) Receiving disability payments. (1) Owned and occupied by grantor(s) at time of sale. O) Not gainfully employed. 1 No joint owners other than spouse or other qualified exempt owners. * IN THE CASE OF HUSBAND AND WIFE, ONLY ONE GRANTOR NEED QUALIFY. c) LOW AND MODERATE INCOME HOUSING (See Instruction #8) O Affordable According to H.U.D. Standards. 1) Meets Income Requirements of Region. C) Reserved for Occupancy. C1) Subject to Resale Controls. d) NEW CONSTRUCTION (See Instruction #9) ©) Entirely new improvement. () Not previously used for any purpose. © Not previously occupied. Deponent makes this Affidavit to induce the County Clerk or Register of Deeds to record the deed and accept the fee submitted herewith in accordance with the provisions of c. 49, P.L. 1968. Subscribed and Sworn to before me this {ILLEGIBLE}. A-32 IMPORTANT — BEFORE COMPLETING THIS AFFI- DAVIT, PLEASE READ THE INSTRUCTIONS ON THE REVERSE SIDE HEREOF. This form is prescribed by the Director, Division of Taxation in the Department of the Treasury, as required by law, and may not be altered or amended without the approval of the Director. ORIGINAL — White copy to be retained by County. DUPLICATE — Yellow copy to be forwarded by County to Division of Taxation on partial exemption from fee (N.J.A.C. 18:16 — 8.12). TRIPLICATE — Pink copy is your file copy. WHITE AND YELLOW COPIES MUST BE SUBMITTED WITH DEED TO COUNTY RECORDING OFFICER EXHIBIT X A-33 ~ No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. 3 County Auditor by Deputy STATE DEED TAX DUE HEREON: $1.65 Date: September , 1993 FOR VALUABLE CONSIDERATION, Cynthia Dawson Austin, aka Cindy Dawson Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in Hennepin County, Minnesota, described as follows: Units Nos. RD 406 and GD 62, Condominium No. 496, Fountain Woods II, a Condominium located in the County of Hennepin. Pursuant to the Declaration Document No. 1604642 and the by-laws Document No. 1604643. Subject to restrictions, reservations and easements of record, if any. The consideration for this transfer is less than $500. Grantor certifies that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This Deed conveys after-acquired title; and A-34 (2) Grantor has not made, done, executed or suffered any act or thing whereby the above-described property or any part thereof, now or at any time hereafter, shall or may be imperiled, charged or incumbered in any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assessments and therein thereon; and all liens and restrictions of record. Affix Deed Tax Stamp Here Cynthia Dawson Austin STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of September, 1993, by Affix Notarial Stamp Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale Lake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT D pe = A-35 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $1.65 Date: September , 1993 FOR VALUABLE CONSIDERATION, Cynthia Dawson Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in Hennepin County, Minnesota, described as follows: Units Nos. RA319 and GA37, Condominium No. 287, Fountain Woods, a Condominium located in the County of Hennepin; pursuant to the Declaration Document No. 1566985 and the Bylaws Document No. 1566986; Subject to the provisions, restrictions, obligations and easements as set forth in said Declaration Document No. 1566985 and Bylaws Document No. 1566986; Subject to easements for ingress, egress, utility and use of swimming pool and tennis court and uses related thereto for the benefit of the North 426.50 feet of Outlot C, Walnut Ridge Third Addition and together with easements for utility purposes over the | North 426.50 feet of said Outlot C for the benefit of the [ land in said Condominium No. 287, all as created in A-36 Declaration of Easements Document No. 1550710. Files of the Registrar of Titles; (See Inst). Subject to the provisions of Minnesota Uniform Condominium Act, Minnesota Statutes 1980, Chap- ter 515A and Acts Amendatory thereof. The consideration for this transfer is less than $500. Grantor certifies that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This Deed conveys after-acquired title; and (2) Grantor has not made, done, executed or suf- fered any act or thing whereby the above-described property or any part thereof, now or at any time hereaf- ter, shall or may be imperiled, charged or incumbered in any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assess- ments and therein thereon; and all liens and restrictions of record. Affix Deed Tax Stamp Here Cynthia Dawson Austin A-37 COUNTY OF The foregoing instrument was acknowledged before me this day of September, 1993, by Affix Notarial Stamp STATE OF Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale Lake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT C A-38 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $1.65 Date: September , 1993 FOR VALUABLE CONSIDERATION, Cynthia Dawson Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in Hennepin County, Minnesota, described as follows: Unit Nos. RA219 and GA22. Condominium No. 287, Fountain Woods, a Condominium located in the County of Hennepin; pursuant to the Declaration Document No. 1566985 and the Bylaws Document No. 1566986. Subject to the provisions, restrictions, obligations and easements as set forth in said Declaration Document No. 1566985 and Bylaws Document No. 1566986; Subject to easements for ingress, egress, utility and use of swimming pool and tennis court and ues related thereto for the benefit of the North 426.50 feet of Outlot C, Walnut Ridge Third Addition and together with easements for utility purposes over the North 426.50 feet of said Outlot C for the benefit of the land in said Condominium No. 287, all as created in A-39 Declaration of Easements Document No. 1550710. Files : of the Registrar of Titles; (See Inst). Subject to the provisions of Minnesota Uniform Condominium Act, Minnesota Statutes 1980, Chapter 515A and Acts Amendatory thereof. The consideration for this transfer is less than $500. Grantor certifies that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This Deed conveys after-acquired title; and (2) Grantor has not made, done, executed or suffered any act or thing whereby the above-described property or any part thereof, now or at any time hereafter, shall or may be imperiled, charged or incumbered in any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assessments and therein thereon; and all liens and restrictions of record. Affix Deed Tax Stamp Here Cynthia Dawson Austin A-40 COUNTY OF The foregoing instrument was acknowledged before me this day of September, 1993, by Affix Notarial Stamp STATE OF Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale Lake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT B A-4] SCHEDULE A KNOWN AND DESIGNATED as Lot 8, Block 404 on “Plan of Phase One, Section 1 and 2 of Birchfield”, said map filed in the Burlington County Clerk’s Office on May 14, 1973, as map No. 01709. BEING further described as follows in accordance with a survey made by Robins Associates, dated June 24, 1985: BEGINNING at a point between Lots 8 and 9 a party wall as noted on Plan of Birchfield Sections 1 and 2, Map 01709; thence (1) South 52 degrees 01 minutes 15 seconds West, a distance of 27.02 feet to a point between Lots 9 and an open space; thence (2) South 35 degrees 40 minutes 00 seconds East, a distance of 93.01 to a point; thence (3) North 54 degrees 20 minutes 00 seconds East, a distance of 27.00 feet to a point between Lots 8 and 9; thence (4) North 35 degrees 4) minutes 00 seconds West a distance of 91.92 feet to the point and place of BEGINNING. ALSO BEING known as 8 Birchfield Drive East, Mount Laurel, New Jersey. BEING the same premises conveyed to William F. Austin and Cindy Dawson-Austin, his wife, by deed dated July 24, 1985 from Rafael Ortega-Maggi and Lottie H. Ortega-Maggi, his wife, which was recorded in the Office of the Clerk of Burlington County on July 31, 1985 in Deed Book 3042, Page 258. A-42 GRANTOR hereby relinquishes and conveys to the Grantee all -right, title and interest in and to the subject property. THIS conveyance is in accordance with a judgment of divorce granted by the State of Texas dissolving the marriage of Grantor and Grantee. A-43 Promises by Grantor. The Grantor promises that the Grantor has done no act to encumber the property. This promise is called a “‘covenant as to grantor’s acts” (N.J.S.A. 46:4-6). This promise means that the Grantor has not allowed anyone else to obtain any legal rights which affect the property (such as by making a mortgage or allowing a judgment to be entered against the Grantor). Signatures. The Grantor signs this Deed as of the date at the top of the first page. Witnessed by: (Seal) CINDY DAWSON-AUSTIN (Seal) Name: STATE OF , COUNTY OF $S:: I CERTIFY that on , 1993 CINDY DAWSON- AUSTIN personally came before me and acknowledged under oath, to my satisfaction, that this person (or if more than one, each person): (a) is named in and personally signed this Deed; (b) signed, sealed and delivered this Deed as his or her act and deed; and (c) made this Deed for $ None as the full and actual consideration paid or to be paid for the transfer of title. (Such consideration is defined in N.J.S.A. 46:15-5.) (Print name and title below signature) Notary Public, State of My Commission Expires: A-44 DEED Prepared by: (Print signer’s name below signature) This Deed is made on , 1993, BETWEEN CINDY DAWSON-AUSTIN whose address is 70661 Oroville Circle, Rancho Mirage, California 92270 referred to as the Grantor, AND WILLIAM F. AUSTIN whose post office address is 5334 Harbor Town, Dallas, Texas 75287 referred to as the Grantee. The words “Grantor” and “Grantee” shall mean all Grantors and all Grantees listed above. Transfer of Ownership. The Grantor grants and conveys (transfers ownership of) the property described below to the Grantee. This transfer is made pursuant to a judgment of divorce. Tax Map Reference. (N.J.S.A. 46:15-2.1) Municipality of Mount Laurel, Block No. 1404, Lot No. 8, Account No. () No property tax identification number is available on the date of this deed. (Check box if applicable.) Property. The property consists of the land and all the buildings and structures on the land in the Township of Mount Laure] County of Burlington and State of New Jersey. The legal description is: SEE SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF. A-45 warrant and forever defend all and singular the property to Grantee and Grantee’s heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under Grantor but not otherwise. When the context requires, singular nouns and pronouns include the plural. Grantee assumes all ad valorem taxes due on the property for the current year. Executed this day of , 1993. CYNTHIA LEE DAWSON- AUSTIN, Grantor (Acknowledgment) STATE OF COUNTY OF This instrument was acknowledged before me on the day of , 1993, by CYNTHIA LEE DAWSON- AUSTIN. Notary Public, Notary’s name (printed): Notary’s commission expires: AFTER RECORDING RETURN TO: William Franklin Austin 5334 Harbor Town Dallas, Texas 75287 A-46 DEED OF TRUST TO SECURE ASSUMPTION Date: September , 1993 Grantor: William Franklin Austin Grantor’s Mailing Address: 5334 Harbor Town, Dallas, Collin County, Texas 75287 Trustee: Kenneth Raggio Trustee’s Mailing Address: 3316 Oak Grove Ave., Suite 100, Dallas, Texas 75204 Beneficiary: Cynthia Lee Dawson-Austin Beneficiary’s Mailing Address: 70661 Oroville Circle, Rancho Mirage, Riverside County, California 92270 ‘vote and Deed of Trust Assumed Date: April 30, 1992 Amount: $700,000.00 Maker and Grantor: William Franklin Austin Payee and Beneficiary: North Park National Bank Recording Information: Property (including any improvements): Lot 13, Block 1/8756 of Bent Tree North, an addition to the City of Dallas, Collin County, Texas, according to the plat thereof, recorded in Volume 8, Page 138, Map Records, Collin County, Texas, Certificate of Correction filed November 20, 1978, recorded in Volume 1144, Page 789 Deed Records, Collin County, Texas and filed in Dallas County in Volume 78053, Page 1968 Deed Records, Dallas County, Texas. Prior Lien: None A-47 Other Exceptions to Conveyance and Warranty: None By deed dated the same as this instrument, Beneficiary conveyed the property to Grantor, who as part of the consideration promised to pay the note assumed and to be bound by the deed of trust assumed. Beneficiary has retained a vendor’s lien. For value received and to secure Grantor’s assumption, Grantor conveys the property to Trustee in trust. Grantor warrants and agrees to defend the title to the property. If Grantor performs all the covenants of the note and deed of trust assumed and if Beneficiary has not filed a notice of advancement, a release of the deed of trust assumed shall release this deed of trust to secure assumption and Beneficiary’s vendor’s lien. Beneficiary’s Rights 1. Beneficiary may appoint in writing a substitute or successor trustee, succeeding to all rights and responsibilities of Trustee. 2. If Grantor fails to perform any of Grantor’s obligations under the note or deed of trust assumed, Beneficiary may perform those obligations, advance funds required, and then be reimbursed by Grantor on demand for any sums so advanced, including attorney’s fees, plus interest on those sums from the dates of payment at the highest legal rate. The sum to be reimbursed shall be secured by this deed of trust to secure assumption. 3. Beneficiary may file a sworn notice of such advancement in the office of the county clerk where the property is located. The notice shall detail the dates, amounts, and purposes of the sums advanced anid the legal description of the property. A-48 . 4. If Grantor fails on demand to reimburse Beneficiary for the sums advanced, and such failure continues after Beneficiary gives Grantor notice of the failure and the time within which it must be cured, as may be required by law or by written agreement, then Beneficiary may: a. request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary’s agent shall give notice of the foreclosure sale as provided by the Texas Property Code as then amended; and b. purchase the property at any foreclosure sale by offering the highest bid and then have the bid credited to the reimbursement of Beneficiary. Trustee’s Duties If requested by Beneficiary to foreclose this lien, Trustee shall: 1. either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as then amended; 2. sell and convey all or part of the property to the highest bidder for cash with a general warranty binding Grantor, subject to prior liens and to other exceptions to conveyance and warranty; and 3. from the proceeds of the sale, pay, in this order: a. expenses of foreclosure, including a commission to Trustee of 5% of the bid; b. to Beneficiary, the full amount advanced, attorney’s fees, and other charges due and unpaid; c. any amounts required by law to be paid before payment to Grantor; and d. to Grantor, any balance. A-49 General Provisions 1. If any of the property is sold under this deed of trust, Grantor shall immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor shall become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 2. Recitals in any Trustee’s deed conveying the property will be presumed to be true. 3. Proceeding under this deed of trust to secure assumption, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4. This lien shall be superior to liens later created even if Beneficiary has made no advancements when later liens are created. 5. If any portion of the advancements cannot be lawfully secured by this deed of trust to secure assumption, payments shall be applied first to discharge that portion. 6. No sale under this deed of trust to secure assumption shall extinguish the lien created by this instrument. 7. Grantor assigns to Beneficiary absolutely, not only as collateral, all present and future rent and other income and receipts from the property. Leases are not assigned. Grantor warrants the validity and enforceability of the assignment. Grantor may as Beneficiary’s licensee collect rent and other income and receipts as long as Grantor is not in default under the note or the deed of trust assumed. Grantor will apply all rent and other income and receipts to payment of the note and performance of the deed of trust assumed, but if the rent and other income and receipts exceed the amount due under the note and deed of trust assumed, Grantor may retain the excess. If Grantor defaults in payment of the note or A-50 performance of the deed of trust assumed, Beneficiary may terminate Grantor’s license to collect and then as Grantor’s agent may rent the property if it is vacant and collect all rent and other income and receipts. Beneficiary neither has nor assumes any obligations as lessor or landlord with respect to any occupant of the property. Beneficiary may exercise Bene- ficiary’s rights and remedies under this paragraph without taking possession of the property. Beneficiary shall apply all rent and other income and receipts collected under this paragraph first to expenses incurred in exercising Benefici- ary’s rights and remedies and then to Grantor’s obligations under the note and deed of trust assumed in the order determined by Beneficiary. Beneficiary is not required to act under this paragraph, and acting under this paragraph does not waive any of Beneficiary’s other rights or remedies. If Grantor becomes a voluntary or involuntary bankrupt, Beneficiary’s filing a proof of claim in bankruptcy will be tantamount to the appointment of a receiver under Texas law. 8. Interest on the debt secured by this deed of trust to secure assumption shall not exceed the maximum amount of nonusurious interest that may be contracted for, taken, re- served, charged, or received under law; any interest in excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid, refunded. On any accelera- tion or required or permitted prepayment, any such excess shall be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides other provisions in this and all other instruments concerning the debt. 9. When the context requires, singular nouns and pro- nouns include the plural. i A-51 10. This deed of trust to secure assumption shall bind, inure to the benefit of, and be exercised by successors in interest of all parties. William Franklin Austin, Grantor A-52 (Acknowledgment) STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the day of , 1993, by William Franklin Austin. Notary Public, Notary’s name (printed): Notary’s commission expires: AFTER RECORDING RETURN TO: Cynthia Lee Dawson Austin 70661 Oroville Circle Rancho Mirage, Riverside County, California 92270 A-53 AFTER RECORDING, RETURN TO: Ike Vanden Eykel, Esq. Koons, Fuller & Vanden Eykel 2311 Cedar Springs, Suite 300 Dallas, Texas 75201 OREGON STATUTORY BARGAIN AND SALE DEED CINDY DAWSON-AUSTIN, Grantor, conveys to WIL- LIAM F. AUSTIN, Grantee, the following described real property situated in Lane County, Oregon, to-wit: Beginning at the galvanized iron pipe and bronze disk marking the meander corner on the south shore of Mercer Lake on the east line of Section 36, Township 17 South, Range 12 West of the Willamette Meridian, said corer being described by General Land Office Depen- dent Survey as bearing North 1° 15’ West 29.02 chains from the southeast corner of said Section 36; thence North 89° 29’ West 1754.1 feet to a pipe on the east margin of Lakewood Avenue; thence North 7° 08’ West 323.1 feet along the East line of Lakewood Avenue to a point on the projection of the southerly line of Pine Street; thence South 83° 45’ West 404.3 feet along the southerly line of Pine Street to a point marked by an iron pipe, said point being true point of beginning; run thence South 7° 08’ East 132 feet to a point on the shore line of Mercer Lake; thence west along the shore of Mercer Lake to a point 70 feet west of the last mentioned point; thence North 7° 08’ West 132 feet more or less to the south line of Pine Street; thence North 83° 45’ East along the south line of Pine Street to the true point of beginning; in Lane County, Oregon. EXHIBIT R A-54 The true consideration for this conveyance is compliance with Decree of Dissolution of Marriage. Until a change is requested, all tax statements are to be sent to the following address: William F, Austin $334 Harbor Town Dallas, Texas 75287 THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPART- MENT TO VERIFY APPROVED USES. DATED this day of , 1993. Cindy Dawson-Austin NaN Te re 1 A-55 STATE OF SS COUNTY OF The foregoing instrument was acknowledged before me this day of , 1993, by Cindy Dawson-Austin, who personally appeared and is personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that she executed it. Witness my hand and official seal. Notary Public for My commission Expires: A-56 FOR VALUABLE CONSIDERATION, Cynthia Daw- son-Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in Hennepin County, Minnesota, described as follows: Lot 2, Block 3, Parkwood Knolls 19th Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles, in and for Hennepin County, Minnesota. Restrictions, covenants and conditions dated May 22, 1975, filed May 27, 1975 as Document No. 1140572. Utility easement over 10 feet adjoining street as shown on recorded plat. Utility easement over rear, front and side 5 feet where necessary as reserved in Document No. 1140572. The consideration for this transfer is less than $500. Grantor certifies that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This Deed conveys after-acquired title; and (2) Grantor has not made, done, executed or suf- fered any act or thing whereby the above-described property or any part thereof, now or at any time hereaf- ter, shall or may be imperiled, charged or incumbered in any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assess- ments and therein thereon; and all liens and restrictions of record. A-57 Affix Deed Tax Stamp Here Cynthia Dawson-Austin STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of September, 1993, by Affix Notarial Stamp Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale Lake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT S A-58 whose post office address is 5334 Harbor Town, Dallas, Texas 75287 referred to as the Grantee. The words “Grantor” and “Grantee” shall mean all Grantors and all Grantees listed above. Transfer of Ownership. The Grantor grants and con- veys (transfers ownership of) the property described below to the Grantee. This transfer is made pursuant to a judgment of divorce. Tax Map Reference. (N.J.S.A. 46:15-2.1) Municipality of Mount Laurel, Block No. 1404, Lot No. 8, Account No. C) No property tax identification number is available on the date of this deed. (Check box if applicable.) Property. The property consists of the land and all the buildings and structures on the land in the Township of Mount Laurel County of Burlington and State of New Jersey. The legal description is: SEE SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF. EXHIBIT X A-59 PERSON ACQUIRING FEE TITLE TO THE PROP- ERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. DATED this day of , 1993. Cindy Dawson Austin STATE OF Ss County of The foregoing instrument was ac.nowledged before me this day of , 1993, by Cindy Dawson Austin, who personally appeared and is personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that she executed it. Witness my hand and official seal. Notary Public for My Commission Expires: A-60 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 — County Auditor by Deputy STATE DEED TAX DUE HEREON: $1.65 Date: September , 1993 FOR VALUABLE CONSIDERATION, Cynthia Dawson Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in Hennepin County, Minnesota, described as follows: Units Nos. RA419 and GA38, Condominium No. 287, Fountain Woods, a Condominium located in the County of Hennepin; pursuant to the Declaration Docu- ment No. 1566985 and the Bylaws Document No. 1566986; Subject to the provisions, restrictions, obligations and easements as set forth in said Declaration Document No. 1566985 and Bylaws Document No. 1566986; Subject to easements for ingress, egress, utility and use of swimming pool and tennis court and uses related thereto for the benefit of the North 426.50 feet of Outlot C, Walnut Ridge Third Addition and together with easements for utility purposes over the North 426.50 feet of said Outlot C for the berrefirof the land in said Condominium No. 287, all as created in Declaration A-61 of Easements Document No. 1550710. Files of the Registrar of Titles; (See Inst.). Subject to the provisions of Minnesota Uniform Condominium Act, Minnesota Statutes 1980, Chap- ter 515A and Acts Amendatory thereof. The consideration for this transfer is less than $500. Grantor certifres that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This Deed conveys after-acquired title; and (2) Grantor has not made, done, executed or suf- fered any act or thing whereby the above-described property or any part thereof, now or at any time hereaf- ter, shall or may be imperiled, charged or incumbered in any manner, and Grantor will warrant the titie to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assess- ments and therein thereon; and all liens and restrictions of record. Affix Deed Tax Stamp Here Cynthia Dawson Austin A-62 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of September, 1993, by Affix Notarial Stamp Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale I ake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT E A-63 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $1.65 Date: September , 1993 FOR VALUABLE CONSIDERATION, Cynthia Dawson Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in Hennepin County, Minnesota, described as follows: Residential Unit No. RC109 and Garage Unit No. GC64 in Fountain Woods II, a Condominium, Con- dominium No. 496, located at 6730 Vernon Avenue, Edina, Minnesota, on land legally described as follows: The north 426.5 feet of Outlot C, Walnut Ridge Third Addition according to the plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota. The consideration for this transfer is less than $500. Grantor certifies that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (i) This Deed conveys after-acquired title; and A-64 (2) Grantor has not made, done, executed or suf- fered any act or thing whereby the above-described property or any part thereof, now or at any time hereaf- ter, shall or may be imperiled, charged or incumbered in any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assess- ments and therein thereon; and all liens and restrictions of record. Affix Deed Tax Stamp Here Cynthia Dawson Austin STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of September, 1993, by Affix Notarial Stamp Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale Lake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT F A-65 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $1.65 Date: September , 1993 FOR VALUABLE CONSIDERATION, Cynthia Dawson Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in Hennepin County, Minnesota, described as follows: Residential Unit No. RD119 and Garage Unit No. GD17 in Fountain Woods II, a Condominium, Con- dominium No. 496, located at 6670 Vernon Avenue, Edina, Minnesota, on land legally described as follows: The north 426.5 feet of Outlot C, Walnut Ridge Third Addition according to the plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota. The consideration for this transfer is less than $500. Grantor certifies that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This Deed conveys after-acquired title; and A-66 (2) Grantor has not made, done, executed or suf- fered any act or thing whereby the above-described property or any part thereof, now or at any time hereaf- ter, shall or may be imperiled, charged or incumbered in any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assess- ments and therein thereon; and all liens and restrictions of record. Affix Deed Tax Stamp Here Cynthia Dawson Austin STATE OF COUNTY OF —__ The foregoing instrument was acknowledged before me this day of September, 1993, by Affix Notarial Stamp Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale Lake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT G A-67 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 by County Auditor Deputy STATE DEED TAX DUE HEREON: $1.65 Date: September , 1993 FOR VALUABLE CONSIDERATION, Cynthia Dawson Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in Hennepin County, Minnesota, described as follows: Units RD 209 and GD 58, Condominium No. 496, Fountain Woods II, a Condominium located in the County of Hennepin; pursuant to the Declaration Docu- ment No. 1604642 and the Bylaws Document No. 1604643. Subject to the provisions, restrictions, obligations and easements as set forth in the Declaration Document No. 1604642 and the Bylaws document No. 1604643; Subject to the provisions of Minnesota Uniform Condominium Act, Minnesota Statutes 1980, Chap- ter 5ISA and Acts Amendatory thereof; Subject to and together with Declaration of Ease- ments Document No. 1550710 as determined by Court Order Document No. 1604641. A-68 The consideration for this transfer is less than $500. Grantor certifies that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This Deed conveys after-acquired title; and (2) Grantor has not made, done, executed or suf- fered any act or thing whereby the above-described property or any part thereof, now or at any time hereaf- ter, shall or may be imperiled, charged or incumbered in any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assess- ments and therein thereon; and all liens and restrictions of record. Affix Deed Tax Stamp Here Cynthia Dawson Austin A-69 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of September, 1993, by Affix Notarial Stamp Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale Lake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT H A-70 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $1.65 Date: September , 1993 FOR VALUABLE CONSIDERATION, Cynthia Dawson Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in Hennepin County, Minnesota, described as follows: Residential Unit No. RD409 and Garage Unit No. GDS57 in Fountain Woods II, a Condominium, Con- dominium No. 496, located at 6670 Vernon Avenue, Edina, Minnesota, on land legally described as follows: The north 426.5 feet of Outlot C, Walnut Ridge Third Addition according to the plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota. The consideration for this transfer is less than $500. Grantor certifies that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This Deed conveys after-acquired title; and (2) Grantor has not made, done, executed or suf- fered any act or thing whereby the above-described A-71 property or any part thereof, now or at any time hereaf- ter, shall or may be imperiled, charged or incumbered in any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assess- ments and therein thereon; and all liens and restrictions of record. Affix Deed Tax Stamp Here Cynthia Dawson Austin STATE OF COUNTY OF The foregoing instrument. was acknowledged before me this day of September, 1993, by Affix Notarial Stamp Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale Lake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT I A-72 No delinquent taxes and transfer entered; Certificate of Real Estate Value( ) filed( =) mot required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $1.65 Date: September , 1993 FOR VALUABLE CONSIDERATION, Cynthia Dawson Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in Hennepin County, Minnesota, described as follows: Unit Nos. RD 419 and GD 18. Condominium No. 496, Fountain Woods II, a Condominium located in the County of Hennepin; pursuant to the Declaration Document No. 1604642 and the Bylaws Document No. 1604643. Subject to the provisions, restrictions, obligations and easements as set forth in the Declaration Document No. 1604642 and the Bylaws Document No. 1604643; Subject to the provisions of Minnesota Uniform Condominium Act, Minnesota Statutes 1980, Chap- ter 5ISA and Acts Amendatory thereof; Subject to and together with Declaration of Ease- ments Document No. 1550710 as determined by Court Order Document No. 1604641. A-73 The consideration for this transfer is less than $500. Grantor certifies that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This Deed conveys after-acquired title; and (2) Grantor has not made, done, executed or suf- fered any act or thing whereby the above-described property or any part thereof, now or at any time hereaf- ter, shall or may be imperiled, charged or incumbered in any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assess- ments and therein thereon; and all liens and restrictions of record. Affix Deed Tax Stamp Here Cynthia Dawson Austin A-74 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of September, 1993, by Affix Notarial Stamp Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale Lake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT J A-75 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $1.65 Date: September _ , 1993 FOR VALUABLE CONSIDERATION, Cynthia Dawson Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in Hennepin County, Minnesota, described as follows: Residential Unit No. RC219 and Garage Unit No. GC12 in Fountain Woods II, a Condominium, Con- dominium No. 496, located at 6730 Vernon Avenue, Edina, Minnesota, on land legally described as follows: The north 426.5 feet of Outlot C, Walnut Ridge Third Addition according to the plat thereof on file in the office .of the Registrar of Titles, Hennepin County, Minnesota. The consideration for this transfer is less than $500. Grantor certifies that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This Deed conveys after-acquired title; and (2) Grantor has not made, done, executed or suf- fered any act or thing whereby the above-described A-76 property or any part thereof, now or at any time hereaf- ter, shall or may be imperiled, charged or incumbered in any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assess- ments and therein thereon; and all liens and restrictions of record. Affix Deed Tax Stamp Here Cynthia Dawson Austin COUNTY OF STATE OF The foregoing instrument was acknowledged before me this day of September, 1993, by Affix Notarial Stamp Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale Lake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT K A-77 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $1.65 Date: September , 1993 FOR VALUABLE CONSIDERATION, Cynthia Dawson Austin, aka Cindy Dawson Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in Hennepin County, Minnesota, described as follows: Lots 25, 26, and 27, “Wilcox Old Orchard Addi- tion, Hennepin County, Minnesota’’. The consideration for this transfer is less than $500. Grantor certifies that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This Deed conveys after-acquired title; and (2) Grantor has not made, done, executed or suf- fered any act or thing whereby the above-described property or any part thereof, now or at any time hereaf- ter, shall or may be imperiled, charged or incumbered in any manner, and Grantor will warrant the title to the A-78 above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assess- ments and therein thereon; and all liens and restrictions of record. Affix Deed Tax Stamp Here Cynthia Dawson Austin STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of September, 1993, by Affix Notarial Stamp Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale Lake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT 7 A-79 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $1.65 Date: September , 1993 FOR VALUABLE CONSIDERATION, Cynthia Dawson Austin, aka Cynthia Lee Dawson, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in Hennepin County, Minnesota, described as follows: Lot 17, Block 3, Beachside. Subject to Declaration of covenants, easements, restrictions contained in Document No. 1300115, and easements for driveway in Document No. 1300116. The consideration for this transfer is less than $500. Grantor certifies that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This Deed conveys after-acquired title; and (2) Grantor has not made, done, executed or suf- fered any act or thing whereby the above-described A-80 property or any part thereof, now or at any time hereaf- ter, shall or may be imperiled, charged or incumbered in any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assess- ments and therein thereon; and all liens and restrictions of record. Affix Deed Tax Stamp Here Cynthia Dawson Austin STATE OF ; COUNTY OF The foregoing instrument was acknowledged before me this day of September, 1993, by Affix Notarial Stamp Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale Lake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT M A-81 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. Me County Auditor by Deputy STATE DEED TAX DUE HEREON: $1.65 Date: September , 1993 FOR VALUABLE CONSIDERATION, Cynthia Dawson Austin, aka Cindy Dawson Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in McLeod County, Minnesota, de- scribed as follows: Lot 6 and 7, Block 68 in the Town of Franklin in McLeod County, Minnesota. The consideration for this transfer is less than $500. Grantor certifies that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This Deed conveys after-acquired title; and (2) Grantor has not made, done, executed or suf- fered any act or thing whereby the above-described property or any part thereof, now or at any time hereaf- ter, shall or may be imperiled, charged or incumbered in A-82 any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assess- ments and therein thereon; and all liens and restrictions of record. Affix Deed Tax Stamp Here Cynthia Dawson Austin STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of September, 1993, by Affix Notarial Stamp Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale Lake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT N A-83 DEED Prepared by (Print signer’s name below signature) This Deed is made on , 1993, BETWEEN CYNTHIA AUSTIN whose address is 70661 Oroville Circle, Rancho Mirage, California 92270 referred to as the Grantor, AND WILLIAM F. AUSTIN whose post office address is 5334 Harbor Town, Dallas, Texas 75287 referred to as the Grantee. The words “Grantor’’ and “‘Grantee”’ shall mean all Grantors and all Grantees listed above. Transfer of Ownership. The Grantor grants and con- veys (transfers ownership of) the property described below to the Grantee. This transfer is made pursuant to a judgment of divorce. Tax Map Reference. (N.J.S.A. 46:15-2.1) Municipality of Cherry Hill, Block No. 337.99, Lot No. 601, Account No. (©) No property tax identification number is available on the date of this deed. (Check box if applicable.) Property. The property consists of the land and all the buildings and structures on the land in the Township of Cherry Hill, County of Camden and State of New Jersey. The legal description is: SEE SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF. EXHIBIT O A-84 Promises by Grantor. The Grantor promises that the Grantor has done no act to encumber the property. This promise is called a “covenant as to grantor’s acts” (N.J.S.A. 46:4-6). This promise means that the Grantor has not allowed anyone else to obtain any legal rights which affect the property (such as by making a mortgage or allowing a judgment to be entered against the Grantor). Signatures. The Grantor signs this Deed as of the date at the top of the first page. Witnessed by: (Seal) CYNTHIA AUSTIN (Seal) Name: STATE OF , COUNTY OF 2S. I CERTIFY that on , 1993, CYNTHIA AUSTIN personally came before me and acknowledged under oath, to my satisfaction, that this person (or if more than one, each person): (a) is named in and personally signed this Deed; (b) signed, sealed and delivered this Deed as his or her act and deed; and A-85 _ (c) made this Deed for $ None as the full and actual consideration paid or to be paid for the transfer of title. (Such consideration is defined in N.J.S.A. 46:15-5.) (Print name and title below Signature) Notary Public, State of My Commission Expires: A-86 SCHEDULE A BEING Unit No. 601 as shown in Exhibit B-4 of the Master Deed creating and establishing Kings Croft Ill, a Condominium, as provided by the Condominium Act of the State of New Jersey (P.L. 1969, c. 257, effective January 7, 1970) given by Bob Scarborough, Inc., (Corp. NJ), under date of October 31, 1978 and recorded in the Register of Deeds Office of Camden County on November 15, 1978 in Deed Book 3601, Page 745, and also the undivided .00788 of the Common Elements appertaining to said Unit, as shown in Exhibit “D” of said Master Deed. SUBJECT to the provisions of the Condominium Act of the State of New Jersey (R.S. 46:8B-1, et seq.), its supple- ments and amendments, and to the conditions, restrictions, covenants and agreements as set forth in the said Master Deed, including the By-laws of Kings Croft III, a Condomin- ium, and any amendments thereto. BEING known and designated as Block 337.99, Lot 601 on the official tax maps of the Township of Cherry Hill, Camden County, New Jersey. BEING ALSO known and designated as 601 Kings Croft, Cherry Hill, New Jersey. BEING the same premises conveyed to William F. Austin and Cynthia Austin, husband and wife, by deed dated March 9, 1984 from Martin A. Finkel and Bonnie Bazilian Finkel, his wife, which was recorded in the Office of the Register of Deeds of Camden County on March 14, 1984 in Deed Book 3956, Page 779. GRANTOR hereby relinquishes and conveys to the Grantee all right, title and interest in and to the subject property. A-87 THIS conveyance is in accordance with a judgment of divorce granted by the State of Texas dissolving the marriage of Grantor and Grantee. A-88 STATE OF NEW JERSEY AFFIDAVIT OF CONSIDERATION OR EXEMPTION (c. 49, P.L. 1968) or PARTIAL EXEMPTION (c. 176, P.L. 1975) To Be Recorded With Deed Pursuant to c. 49, P.L. 1968, as amended by c. 225, P.L. 1985 (N.J.S.A. 46:15-5 et seq.) STATE OF SS COUNTY OF FOR RECORDER’S USE ONLY Consideration $ Realty Transfer Fee $ . Date By * Use symbol ““C” to indicate that fee is exclusively for county use. (1) PARTY OR LEGAL REPRESENTATIVE (See In- structions #3, 4 and 5 on reverse side) Deponent, (Name) CYNTHIA AUSTIN, being duly swom according to law upon his/her oath deposes and says that she is the (State whether Grantor, Grantee, Legal Repre- sentative, Corporate Officer, Officer of Title Co. Lending Institution, etc.) Grantor in a deed dated , 1993, transferring real property identified as Block No. 337.99 Lot No. 601 located at (Street Address, Municipality, County) 601 Kings Croft, Township of Cherry Hill, Camden County, New Jersey and annexed hereto. (2) CONSIDERATION (See Instruction #6) Deponent states that, with respect to deed hereto an- nexed, the actual amount of money and the monetary value of any other thing of value constituting the entire compensation A-89 paid or to be paid for the transfer of title to the lands, tenements or other realty, including the remaining amount of any prior mortgage to which the transfer is subject or which is to be assumed and agreed to be paid by the grantee and any other lien or encumbrance thereon not paid, satisfied or removed in connection with the transfer of title is $ None (3) FULL EXEMPTION FROM FEE Deponent claims that this deed transaction is fully exempt from the Realty Transfer Fee imposed by c. 49, P.L. 1968, for the following reason(s): Explain in detail. (See Instruction #7.) Mere refer- ence to exemption symbol is not sufficient. (p) Recorded within 90 days following the entry of a divorce decree which dissolves the marriage between the grantor and grantee. (4) PARTIAL EXEMPTION FROM FEE NOTE: Ail boxes below apply to grantor(s) only. ALL BOXES IN AP- PROPRIATE CATEGORY MUST BE CHECKED. Failure to do so will void claim for partial exemption. (See Instruc- tions #8 and #9) Deponent claims that this deed transaction is exempt from the increased portion of the Realty Transfer Fee imposed by c. 176, P.L. 1975 for the following reason(s): a) SENIOR CITIZEN (See Instruction #8) C) Grantor(s) 62 yrs. of age or over.* C One or two-family residential premises. C) Owned and occupied by grantor(s) at time of sale. [J No joint owners other than spouse or other qualified exempt owners. b) BLIND (See Instruction #8) C) Grantor(s) legally blind.* C) One or two-family residential premises. A-90 C) Owned and occupied by grantor(s) at time of sale. ©) No joint owners other than spouse or other qualified exempt owners. DISABLED (See Instruction #8) O) Grantor(s) permanently and totally disabled.* C) One or two-family residential premises. O) Receiving disability payments. CJ) Owned and occupied by grantor(s) at time of sale. O) Not gainfully employed. OQ) No joint owners other than spouse or other qualified exempt owners. * IN THE CASE OF HUSBAND AND WIFE, ONLY ONE GRANTOR NEED QUALIFY. c) LOW AND MODERATE INCOME HOUSING (See Instruction #8) OQ) Affordable According to H.U.D. Standards. CJ Meets Income Requirements of Region. C) Reserved for Occupancy. CO) Subject to Resale Controls. d) NEW CONSTRUCTION (See Instruction #9) O) Entirely new improvement. C) Not previously used for any purpose. C) Not previously occupied. Deponent makes this Affidavit to induce the County Clerk or Register of Deeds to record the deed and accept the fee submitted herewith in accordance with the provisions of c. 49, P.L. 1968. Subscribed and Swom to before me this day of , 1993. A-91 CYNTHIA AUSTIN Name of Deponent Name of Grantor (sign above line) (type above line) 70661 Oroville Circle 70661 Oroville Circle Rancho Mirage, CA 92270 Rancho Mirage, CA 92270 Address of Deponent Address of Grantor at Time of Sale FOR OFFICIAL USE ONLY This space for use of County Clerk or Register of Deeds. Instrument Number County Deed Number ________ Book _________ Page Deed Dated Date Recorded IMPORTANT — BEFORE COMPLETING THIS AFFI- DAVIT, PLEASE READ THE INSTRUCTIONS ON THE REVERSE SIDE HEREOF. This form is prescribed by the Director, Division of Taxation in the Department of the Treasury, as required by law, and may not be altered or amended without the approval of the Director. ORIGINAL — White copy to be retained by County. DUPLICATE — Yellow copy to be forwarded by County to Division of Taxation on partial exemption from fee (N.J.A.C. 18:16 — 8.12). TRIPLICATE — Pink copy is your file copy. EXHIBIT O A-92 Date: September , 1993 FOR VALUABLE CONSIDERATION, Cynthia Dawson Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in McLeod County, Minnesota, described as follows: That part of the West Half of the West Half of the Northeast Quarter of Section 18, Township 115, Range 27, McLeod County, Minnesota described as follows: Commencing on the north-south quarter line 456.5 feet North of the center of said Section 18, said point being on the northerly right-of-way line of Trunk Highway #212; thence North along the north-south quar- ter line of said Section 18, a distance of 58.02 feet to a point 58.00 feet Northerly of the northerly right-of-way line of Trunk Highway #212, as measured at right angles to said right-of-way line, said point being the actual point of beginning of the tract to be described; thence continu- ing North along said north-south quarter line, a distance of 331.14 feet; thence North 89 degrees 19 minutes 00 second East parallel to the south line of 11th Street, a distance of 133.00 feet to a point on the west line of the East 33.00 feet of the West 166.00 feet of said West half of West Half of the Northeast Quarter; thence on a bearing of South parallel to said north-south quarter line, a distance of 335.74 feet to a point 58.00 feet Northerly of the northerly right-of-way line of Trunk High- way #212, as measured at right angles to said right-of- way line; thence North 88 degrees 42 minutes 00 seconds West parallel with said northerly right-of-way line of Trunk Highway #212, a distance of 133.02 feet to the point of beginning. This tract contains 1.02 acres of land and is subject to any and all easements of record; A-93 and That part of the East Half of the Northwest Quarter of Section Eighteen (18) Township One Hundred Fif- teen (115) North of Range Twenty-seven (27) West described as follows: Commencing on the north-south quarter line 456.5 feet North of the center of said Section 18, said point being on the northerly right-of-way line of Trunk Highway #212; thence North along the north-south quar- ter line of said Section 18, a distance of 389.16 feet; thence South 89 degrees 19 minutes 00 seconds West parallel to the south line of 11th Street, a distance of 33.00 feet to the actual point of beginning of the tract to be described; thence continuing South 89 degrees 19 minutes 00 seconds West parallel to said south line of 11th Street, a distance of 446.81 feet to a point on a 50.00 foot radius curve, center of circle of said curve is described as follows: Commencing at the intersection of the northerly right-of-way line of Trunk Highway #212 as now located and the east line of said Northwest Quarter, said point being 456.50 feet North of the southeast corner of said Northwest Quarter; thence on an assumed bearing of North 88 degrees 42 minutes 00 seconds West along said northerly right-of-way line, a distance of 490.00 feet; thence North 00 degrees 00 minutes 00 seconds West, a distance of 324.20 feet; thence continuing North 00 de- grees 00 minutes 00 seconds West, a distance of ~ 66.00 feet to a point on a 50.00 foot radius curve, center of circle bears South 48 degrees 42 minutes 00 seconds West from said point. Thence Northwesterly along said curve, an arc length of 20.68 feet, central angle 23 degrees 41 minutes A-94 51 seconds to a point 490.00 feet West of said north- south quarter line as measured parallel to the northerly right-of-way line of Trunk EXHIBIT P A-95 DEED CYNTHIA AUSTIN TO WILLIAM F. AUSTIN Dated: , 1998 Record and return to: Attention: Ike Vanden Eykel, Esq. Koons, Fuller & Vanden Eykel 2311 Cedar Springs Suite 300 Dallas, Texas 75201 Grantor, Grantee. A-96 FOR VALUABLE CONSIDERATION, Cynthia Daw- son-Austin, a single person, as Grantor (whether one or more), hereby conveys and quitclaims to William F. Austin, a single person, as Grantee (whether one or more), real property in Hennepin County, Minnesota, described as follows: Lot 8 and That part of Lot 7, lying Easterly of a line described as beginning at the Southeast comer of said Lot 7, thence Northerly at right angles to the South line of said Lot 7 to its intersection with the Northerly line of said Lot 7 and there terminating; All in Block 1, Claradon Park, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Subject to utility and drainage easements as shown on plat. Subject to and together with an easement for utili- ties as shown in deed Doc No 1095526, Files of Regis- trar of Titles; (as to Lots 7 & 8) Subject to and together with the reservation of an easement for the purpose of construction, operating and repairing any utilities as shown in deed Doc No 1101348, Files of Registrar of Titles; (See Inst) (as to Lot 8). The consideration for this transfer is less than $500. Grantor certifies that Grantor does not know of any wells on the described real property. together with all hereditaments and appurtenances belonging thereto. Grantor covenants and represents that: (1) This Deed conveys after-acquired title; and (2) Grantor has not made, done, executed or suf- fered any act or thing whereby the above-described A-97 property or any part thereof, now or at any time hereafter, shall or may be imperiled, charged or incum- bered in any manner, and Grantor will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing, EXCEPT: the lien of all unpaid special assessments and therein thereon; and all liens and restric- tions of record. Affix Deed Tax Stamp Here Cynthia Dawson-Austin STATE OF COUNTY OF —__ The foregoing instrument was acknowledged before me this day of September, 1993, by Affix Notarial Stamp Signature of Person Taking Acknowledgment This Instrument was Drafted by: The Curtin Law Office, P.A. 8500 Normandale Lake Boulevard Suite 960 Minneapolis, MN 55437 EXHIBIT Q A-98 No. 92-14835-T ENDORSEMENT ON INSTRUMENT William Franklin Austin vs. Cynthia Lee Dawson-Austin FINAL DECREE OF DIVORCE Signed and Entered: September 28, 1993 Recorded in Vol T 160, page 261 IN THE MINUTES OF THE 301ST JUDICIAL DISTRICT COURT OF DALLAS COUNTY, TEXAS A-99 NO. 92-1483 In the Matter of } the Marriage of In the District Court of | Dallas County, Texas William Franklin Austin T-301st Judicial and District Cynthia Lee Dawson-Austin FINDINGS OF FACT AND CONCLUSIONS OF LAW Pursuant to Texas Rules of Civil Procedure Rule 296 and Rule 297, the Court hereby files its Findings of Fact and Conclusions of Law as follows: FINDINGS OF FACT 1. The parties were married on August 23, 1980. 2. The parties separated and ceased to live together as husband and wife on or about November 1991. 3. The Court, having examined the pleadings and heard the evidence and being fully advised of the premises, finds: a. all necessary residence requirements and pre- requisites of law have been satisfied; b. that the Court has jurisdiction of all the parties and subject matter of the cause; c. that there is no child born of this marriage, and none were adopted and none are expected; d. that a divorce should be granted herein; and e. that the property should be divided in an equita- ble manner. 4. CYNTHIA LEE DAWSON-AUSTIN obtained a sta- tus only Judgment of Dissolution of Marriage in cause num- A-100 ber ID 026525, Riverside County, State of California on August 6, 1993. The Court, having examined such decree and applicable authorities as presented to the Court, finds that such decree is not a final decree in Texas as that term is known in law and is therefore not entitled to full faith and credit. The Court also finds that the California court made no attempt to divide the property of the parties and further that the court had no jurisdiction to divide the property claimed by the Respondent because at the time of the status adjudication, the Respondent was in a bankruptcy proceeding which had deprived the California court of any jurisdiction to divide the property. Further, the Court finds, that notwithstanding the bankruptcy proceeding, the California court expressly re- served jurisdiction to divide the property, and therefore it has never attempted to divide the property. Since the California court did not attempt to divide any property, this Court finds Texas Family Code §3.91(b) inapplicable to this case. 5. The Court finds that although CYNTHIA LEE DAW- SON-AUSTIN did file her cause of action for divorce in California before WILLIAM FRANKLIN AUSTIN filed his cause of action for divorce in Texas, the Court finds that CYNTHIA LEE DAWSON-AUSTIN exercised no diligence in securing service of process upon WILLIAM FRANKLIN AUSTIN and did not attempt to effectively prosecute her case until after she was served with process in this action. The Court also finds that WILLIAM FRANKLIN AUSTIN filed his suit on September 10, 1992 and prosecuted his suit with diligence and that CYNTHIA LEE DAWSON-AUSTIN was served at her home on Monday, September 14, 1992. 6. The following disproportionate division of the e: tate of the parties in favor of CYNTHIA LEE DAWSON-AUSTIN is a just and right division of the parties’ marital estate, having due regard for the rights of each party. In determining the rights of each party, the Court has given due and proper A-101 consideration to all applicable factors, including without limi- tation, the following: a. long before his marriage to CYNTHIA LEE DAWSON-AUSTIN, WILLIAM FRANKLIN AUSTIN was and has continued to be the President of Starkey Laboratories, Inc. and devoted his full time and efforts to the business of Starkey Laboratories, Inc.; b. WILLIAM FRANKLIN AUSTIN during his marriage to CYNTHIA LEE DAWSON-AUSTIN was adequately compensated for the time, toil and talent he devoted to the operation of Starkey Laboratories, Inc. Further, WILLIAM FRANKLIN AUSTIN during his marriage to CYNTHIA LEE DAWSON-AUSTIN was adequately compensated for work done beyond preserv- ing and maintaining the separate estate of WILLIAM FRANKLIN AUSTIN and there has been no unjust enrichment of his separate estate to the detriment of the community estate; c. the separate property of WILLIAM FRANKLIN AUSTIN, namely Starkey Laboratories, Inc. is not the alter ego of WILLIAM FRANKLIN AUSTIN and it has not been used as an unfair device; d. WILLIAM FRANKLIN AUSTIN has not di- verted community opportunity to the detriment of the community estate. Furthermore, WILLIAM FRANKLIN AUSTIN owed fiduciary obligations to Starkey Laborato- ries, Inc. under corporate law and WILLIAM FRANK- LIN AUSTIN properly balanced his fiduciary obligation to the corporation against his obligations to the commu- nity estate and his duty to the community estate was fully discharged by receiving adequate compensation for his time, talent and labor during his marriage to CYNTHIA LEE DAWSON-AUSTIN; A-102 e. CYNTHIA LEE DAWSON-AUSTIN worked throughout nearly her entire marriage to WILLIAM FRANKLIN AUSTIN and she worked in a number of management and executive positions and she earned in excess of $70,000 per year from such employment; f. both parties are in good health; g. both parties are capable of continuing employment; h. CYNTHIA LEE DAWSON-AUSTIN is 48 years of age and has no minor children of this or any other marriage; i. WILLIAM FRANKLIN AUSTIN is 51 years of age and has no minor children of this or any other marriage; j. CYNTHIA LEE DAWSON-AUSTIN does not have sufficient capacity to maintain the standard of living established during marriage to Petitioner, WILLIAM FRANKLIN AUSTIN, without other sources of income. In its division of community property, the Court has considered the standard of living enjoyed by the parties during the marriage. The division of community property and community debts is designed to assist both parties in maintaining, to the extent possible, under the circum- stances of this case, a standard of living substantially similar to that enjoyed by the parties during the marriage. k. CYNTHIA LEE DAWSON-AUSTIN has 3 years of college, numerous graduate courses, and she is skilled in the hearing health care industry, and furthermore, is personally acquainted with most of the major people involved in such industry; A-103 1. before marriage, CYNTHIA LEE DAWSON- AUSTIN worked in the hearing health care industry and was self-sufficient; m. CYNTHIA LEE DAWSON-AUSTIN was duly and adequately compensated for the time, toil and talent she devoted to her work on behalf of Starkey Laborato- ries, Inc. and/or Starkey Hearing Foundation during her marriage to WILLIAM FRANKLIN AUSTIN; n. in addition to CYNTHIA LEE DAWSON- AUSTIN’s work during her marriage she devoted a large amount of time to social and recreational activities and domestic help and was always available so that her domestic duties were minimal; o. CYNTHIA LEE DAWSON-AUSTIN made no contribution to the attainment by Petitioner, WILLIAM FRANKLIN AUSTIN, of an education, training, career, position or ownership in Starkey Laboratories, Inc. Fur- thermore, the Court finds that WILLIAM FRANKLIN AUSTIN received his education and training relative to his occupation before his marriage to CYNTHIA LEE DAWSON-AUSTIN and that the community estate has benefitted from the education, training and employment which WILLIAM FRANKLIN AUSTIN brought into his marriage with CYNTHIA LEE DAWSON-AUSTIN; p. WILLIAM FRANKLIN AUSTIN’s standard of living is modest commensurate with his income; q. WILLIAM FRANKLIN AUSTIN lives in a four bedroom house, in an upper middle class neighborhood and drives a 1979 Mercedes automobile; r. the parties enjoyed an upper middle class or higher standard of living during marriage. In addition to the residence of WILLIAM FRANKLIN AUSTIN in A-104 Texas, the parties maintained residences in Minnesota, California, and Florida. They traveled periodically to other places and attended social and recreational events frequently; s. in making the division of property, almost all marital debt (with the exception of the mortgage on the Rancho Mirage property awarded to CYNTHIA LEE DAWSON-AUSTIN and other minor indebtedness) will be assumed by WILLIAM FRANKLIN AUSTIN and there will be very little debi to be paid by CYNTHIA LEE DAWSON-AUSTIN; t. the unequal division of property hereinafter awarded in favor of CYNTHIA LEE DAWSON- AUSTIN, is to provide her with a higher standard of living than she would have if the Court were to divide the property equally. Furthermore, the unequal division of property is to help her meet her needs for future support; u. WILLIAM FRANKLIN AUSTIN will assume substantial community debt following this divorce, in- cluding payment of attorneys’ fees for CYNTHIA LEE DAWSON-AUSTIN leaving her virtually debt free fol- lowing the divorce; v. CYNTHIA LEE DAWSON-AUSTIN shot at WILLIAM FRANKLIN AUSTIN with a pistol, in- tending bodily harm or death to him; w. CYNTHIA LEE DAWSON-AUSTIN has no de- pendents that would preclude her engaging in gainful employment; x. in dividing the estate of the parties, a fair and reasonable return on the invested capital of WILLIAM FRANKLIN AUSTIN in Starkey Laboratories, Inc. was considered by the Court; and A-105 y. in making the division of property disproportion- ately in favor of CYNTHIA LEE DAWSON-AUSTIN, the Court considered that WILLIAM FRANKLIN AUS- TIN unilaterally offered to pay alimony of $3,000 per month to CYNTHIA LEE DAWSON-AUSTIN for the rest of her life. . z. during the trial of this case, the Court ordered WILLIAM FRANKLIN AUSTIN to pay for round trip tickets for 8 witnesses of Respondent's choosing to fly from any destination in the United States to appear at trial in Dallas, Texas. The Court finds that CYNTHIA LEE DAWSON-AUSTIN did not take advantage of this Opportunity to present evidence in this case. 7. CYNTHIA LEE DAWSON-AUSTIN has attempted to obstruct the orderly process of this case in the following ways: a. in January 1993, CYNTHIA LEE DAWSON- AUSTIN requested a delay of the trial setting then set for February 15, 1993 in order to receive the audited finan- cial statements pertaining to Starkey Laboratories, Inc. which delay was granted by the Court; b. as the trial date of April 12, 1993 approached, that CYNTHIA LEE DAWSON-AUSTIN employed Toby Goodman, a member of the Texas Legislature, obtaining a mandatory legislative continuance further delaying trial of the case; c. CYNTHIA LEE DAWSON-AUSTIN on the eve of trial on July 1, 1993 attempted to discharge her counsel in an effort to further delay this case; d. CYNTHIA LEE DAWSON-AUSTIN, although fully aware of the issues regarding adequacy of compen- Sation in this case and the value of Starkey Laboratories, A-106 Inc. as it may have been enhanced during marriage, was not forthcoming in her responses to proper discovery request asking for the identification of her testifying expert witnesses and that her answers in this case were not timely filed and that such answers were not verified or signed by the Respondent and that such answers identifying the experts were not made as soon as practi- cal. The Court finds that such experts were hired in January 1993 and not disclosed until after May 31, 1993; e. during trial Respondent filed for bankruptcy, further delaying the trial. She subsequently dismissed such bankruptcy petition and then immediately sought an additional delay in the trial of this case. The Court finds, that although she was seeking the protection of bank- ruptcy in California, she proceeded to obtain a status only adjudication; f. CYNTHIA LEE DAWSON-AUSTIN, on the record, although stating she wished to discharge her lawyers, withdrew such motion and proceeded to trial. During the trial of this case Respondent was represented or assisted by eight different lawyers, three of whom are board certified in family law by the Texas Board of Legal Specialization; and g. Respondent, during the course of this case, claimed to be emotionally and mentally incapable of participating in the preparation and presentation of her case. That the Court ordered Respondent to present herself to the Mennenger Clinic in San Francisco, Cali- fornia for evaluation and treatment. The Court ordered Petitioner to make financial arrangements for such medi- cal examination, evaluation and any necessary treatment of Respondent. The Court finds that Petitioner did make the required arrangements as ordered. Following the making of such arrangements, Respondent filed a motion Tinie A-107 with this Court stating she had, for several days, partici- pated in the taking of Petitioner’s deposition, preparation of document requests, examination of Petitioner’s busi- ness records produced, and in light of same, Respondent asked for rescission of the order for medical examination and treatment by Mennenger Clinic as she was capable of assisting in the preparation and presentation of her case. CONCLUSIONS OF LAW 1. The First Amended Original Petition for Divorce filed by WILLIAM FRANKLIN AUSTIN is in due form and contains all allegations required by law. 2. The Court has jurisdiction of the parties and of the subject matter of this cause. 3. All legal prerequisites to the granting of the divorce have been met. 4. All property belongs to the community except for the following which belongs to the separate estate of Petitioner or Respondent: a. 100% ownership interest in Starkey Laboratories, Inc. was and has been at all times the separate property of WILLIAM FRANKLIN AUSTIN. The Court further finds that the situs of the 60 shares of stock, representing 100% ownership of Starkey Laboratories, Inc., as evi- denced by stock certificate number 1, has been at all relevant times during the pendency of this case, in Dallas County, Texas and this Court has jurisdiction to make a final and permanent adjudication of its marital character herein. The Court finds that the stock certificate evidenc- ing the 60 shares of stock of Starkey Laboratories, Inc. was not and has not at any relevant time been atypically A-108 removed from any other jurisdiction, nor atypically brought to this jurisdiction. b. the following property described below is Re- spondent’s separate property: Section 27, T 13 S, R 10 W, County of Lincoln, as platted and recorded in Book 38, Page 1376, Lincoln County Deed Records, in Lin- coln County, Oregon, more commonly known as river lot, Walport, Oregon. 5. The division of the property of Petitioner and Respon- dent effected by the final judgment is just and right, having due regard for the rights of each party. 6. the fair and just division of the community estate is based on the nature of the property, health of the parties, disparity of ages, educational background, earning ability, wife’s future support needs, and any reimbursement claim, if such existed. Francis v. Francis, 412 S.W.2d 29, 32 (Tex. 1967). Copy of opinion attached. 7. The adequacy of WILLIAM FRANKLIN AUSTIN and CYNTHIA LEE DAWSON-AUSTIN’s compensation from Starkey Laboratories, Inc. was duly considered by the Court under the doctrine announced in Jensen v. Jensen, 665 S.W.2d 107 (Tex. 1984). The claim as to community compensation for the time, toil, talent and effort of both WILLIAM FRANKLIN AUSTIN and CYNTHIA LEE DAW- SON-AUSTIN is denied. The Court finds that the parties were adequately compensated. Copy of opinion attached. 8. The Court further finds that the unequal division of property in favor of CYNTHIA LEE DAWSON-AUSTIN is - in the nature of an alimony-substitute, support or mainte- nance, however termed and as such is intended to meet CYNTHIA LEE DAWSON-AUSTIN’s future needs and in A-109 accordance with Jn re: Nunnally, 506 F.2d 1024, 1027 (Sth Cir. 1975) and Erspan v. Badgett, 647 F.2d 550 (Sth Cir. 1981) and intended to be non-dischargeable as alimony. Copies of opinions attached. 9. CYNTHIA LEE DAWSON-AUSTIN should be awarded the following property: a. Real property and improvements located thereon, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, warranties and service contracts, and title and closing documents, more particularly described as: (1) 70661 Oroville Circle, Rancho Mirage, California; (2) 8 Birchfield Drive, Mt. Laurel, New Jersey; (3) 6120 Pine Street, Florence, Oregon; (4) Parcel 16.00, Section 27, T13S, R1OW, Lincoln County, Oregon; and (5) 5555 Collins Ave., Miami, Florida. b. All household furniture, furnishings, fixtures, goods, appliances and equipment in the possession of or subject to the control of Respondent, CYNTHIA LEE DAWSON-AUSTIN. c. '/2 of the artwork and collections of WILLIAM FRANKLIN AUSTIN and CYNTHIA LEE DAWSON- AUSTIN. d. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of Respondent, CYNTHIA LEE DAWSON-AUSTIN. A-110 e. Any and all sums of cash on deposit in Norwest Bank, Minneapolis, Account #2735777; and Citizen State Bank Account #632083. f. The following life insurance policies insuring the life of CYNTHIA LEE DAWSON-AUSTIN, together with any and all cash surrender value associated there- with and any and all contingent beneficial interest: (1) Summit National Life Policy Number SN8904953U. g. The 1979 Mercedes motor vehicle, vehicle iden- tification number 116003612006392, together with all prepaid insurance, keys, and title documents. h. The 1975 Westlake mobile home, together with all prepaid insurance, keys, and title documents. i. 33.32% of the Starkey Employees Savings and Retirement Plan, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases, its proceeds, and any other rights related to the Starkey Employees Savings and Retirement Plan existing by reason of WILLIAM FRANKLIN AUSTIN’S past employment with Starkey Laboratories, Inc., accordance with a Qualified Domestic Relations Order to be signed on the same day as this Final Decree of Divorce. j. Any and all sums, whether matured or unma- tured, accrued or unaccrued, vested or otherwise, to- gether with all increases, its proceeds, and any other rights related to any profit-sharing plan, retirement plan, pension plan, employee stock option plan, employee savings plan, accrued unpaid bonuses or other benefit program existing by reason of CYNTHIA LEE DAW- SON-AUSTIN’S past, present and future employment. k. The Thunderbird Club membership. A-111 10. WILLIAM FRANKLIN AUSTIN should be awarded the following property: a. Real property and improvements located thereon, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, warranties and service contracts, and title and closing documents, more particularly de- scribed as: (1) 6650 Vernon Ave. South, Edina, Min- nesota, Units No. 219, 319, 406 and 419; (2) 6670 Vernon Ave. South, Edina, Min- nesota, Units 109, 119, 209, 409 and 419; (3) 6730 Vernon Ave. South, Edina, Min- nesota, Unit 219; (4) 230 Birch Bluff, Tonka Bay, Minnesota; (5) 5321 Beachside, Minnetonka, Minnesota; (6) 706 Chandler Ave., Glencoe, Minnesota; (7) 601 Kings Croft, Cherry Hill, New Jersey; (8) 2915 East 10th Street, Glencoe, Minnesota; (9) 9505 Hamilton Ave., Eden Prairie, Minnesota; (10) 2255 Northeast 194th Ave., Port- land, Oregon; (11) 6701 Field Way, Edina, Minnesota; A-112 (12) 205 Ellen, Nixa, Missouri; (13) 208 Poplar, Nixa, Missouri; (14) 5334 Harbor Town, Dallas, Texas: b. All household furniture, furnishings, fix- tures, goods, appliances and equipment in the pos- session of or subject to the control of Petitioner, WILLIAM FRANKLIN AUSTIN. c. 2 of the artwork and collections of WIL- LIAM FRANKLIN AUSTIN and CYNTHIA LEE DAWSON-AUSTIN. d. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of Petitioner, WILLIAM FRANKLIN AUSTIN. e. Any and all sums of cash on deposit in Compass Bank, Dallas, Texas, Account #73124328; and NorthPark National, Dallas, Texas, Account #5091426. f. The following life insurance policies insur- ing the life of WILLIAM FRANKLIN AUSTIN, together with any and all cash surrender value associated therewith and any and all contingent beneficial interest: (1) Summit National Life Policy Number SN8904954U; (2) John Hancock Life Policy Num- ber 66808477; and (3) John Hancock Life Policy Number 66858202. A-113 g. 66.68% of the Starkey Employees Savings and Retirement Plan, whether matured or unma- tured, accrued or unaccrued, vested or otherwise, together with all increases, its proceeds, and any other rights related to the Starkey Employees Sav- ings and Retirement Plan existing by reason of WILLIAM FRANKLIN AUSTIN’S past employ- ment with Starkey Laboratories, Inc. h. The Willowbend Polo & Hunt Club membership. 11. The allocation of debts between the parties is fair and equitable based on the division of the marital estate. 12. An equitable division of the estate of the parties is further achieved by ordering Petitioner to pay $400,000 in attorney’s fees to Respondent’s attorney. 13. The parties are entitled to a divorce because the Court finds the marriage has become insupportable because of discord or conflict of personalities that destroyed the legiti- mate ends of the marriage relationship and prevented any reasonable expectation of reconciliation. SIGNED this 15th day of October, 1993. /s/ BOB O’DONNELL BOB O’DONNELL, Judge Presiding - 301st Judicial District Court Dallas County, Texas A-114 CERTIFICATE OF SERVICE Pursuant to Rule 297 of the Texas Rules of Civil Proce- dure, a copy of the Court’s findings and conclusions were mailed to the following counsel of record in this suit on October 15, 1993: Harry L. Tindall 2800 Texas Commerce Tower Houston, Texas 77002-3094 Kenneth D. Fuller M.J. “Ike” Vanden Eykel 2311 Cedar Springs Rd., Suite 300 Dallas, Texas 75201 Kenneth G. Raggio 3316 Oak Grove Avenue, Suite 100 Dallas, Texas 75204 Toby R. Goodman 1600 E. Lamar Boulevard, Suite 115 Arlington, Texas 76011 Robert Eugene Smith 1555 S. Palm Canyon Drive, D-201 Palm Springs, California 92264 Mike Aranson 600 Jackson Street Dallas, Texas 75202 /s/_ BOB O’DONNELL BOB O'DONNELL, Judge Presiding 301st Judicial District Court Dallas County, Texas A-115 In the Matter of Roy Stewart NUNNALLY, Bankrupt. Mary Elizabeth NUNNALLY, a ie Appellee. Roy Seeinaet NUNNALLY, Appellee-Cross Appellant. No. 74-1361. United States Court of Appeals, Fifth Circuit. Jan. 8, 1975. Rehearing and Rehearing En Banc Denied Feb. 13, 1975. In a proceeding on a voluntary petition in bankruptcy, the referee found that the bankrupt’s navy retirement benefits becoming due after the filing of the voluntary petition were not property passing to the trustee in bankruptcy and that an award to bankrupt’s former wife during their divorce proceed- ings was a dischargeable debt, the United States District Court for the Western District of Texas, at Austin, Jack Roberts, J., affirmed, and bankrupt and his former wife appealed. The Court of Appeals. Gee, Circuit Judge, held that the retirement benefits did not pass to the trustee, that the debt to the former wife was nondischargeable as representing alimony, that the attorney's fees awarded during the divorce proceedings were likewise protected from discharge, and that the bankrupt’s interest in the cash surrender value of certain life policies was not exempt from creditors. Affirmed in part, reversed in part. 1. Bankruptcy Key 143(1) Bankrupt’s navy retirement benefits becoming due after filing of voluntary petition were not property passing to A-116 trustee in bankruptcy. Bankr.Act. § 70. sub. a(5). 11 U.S.C.A. § 110(a)(S): 38 U.S.C.A. § 454a: Social Security Act. § 207, 42 U.S.C.A. § 407; Railroad Retirement Act of 1937. § 12, 45 U.S.C.A. § 2281. 2. Bankruptcy Key 421(5) Amount awarded to bankrupt’s ex-wife during divorce proceedings as advance to community from her separate estate was nondischargeable debt. V.T.C.A., Family Code § 3.63: Bankr.Act, §§ 14, sub. c. 17, subs. a. a(7), 11 U.S.C.A. §§ 32(c), 35(a), (a)(7). 3. Divorce Key 231 Under Texas law, award to wife in divorce proceedings of sum representing advance to community from her separate estate did not constitute award of permanent alimony where sum was fixed, no periodic payments for indefinite period of time were ordered and it was clear that there was property on hand to satisfy the debt. 4. Bankruptcy Key 421(5) Attorney’s fees awarded to former wife during divorce proceedings constituted nondischargeable debt of bankrupt. Bankr.Act, §§ 14. sub. c. 17. subs. a. a(7). 11 U.S.C.A. §§ 32(c). 35(a). (a)(7). 5. Bankruptcy Key 396(3) Bankrupt’s interest in cash surrender value of life poli- cies as to which bankrupt’s mother and children were benefi- Ciaries was not exempt from creditors under Texas law where children were only contingent beneficiaries and bankrupt had failed to show himself legally or morally bound to support mother or her actual dependence on him. Bankr.Act, § 70, sub. a(S). 11 U.S.C.A. § 110(a)(5): Vernon’s Ann.Tex.Civ.St. arts. 3832a, 3836. A-117 Gerard P. Nugent, Austin, Tex., for appellant-cross appellee. E.O. Rinehart, Jr., Austin. Tex., for appellee-cross appellant. Before DYER, SIMPSON and GEE, Circuit Judges. GEE, Circuit Judge: In October 1972, Roy Stewart Nunnally filed a voluntary petition in bankruptcy. His principal creditor and the one pursuing this appeal is his former wife, Mary Elizabeth Nunnally, whose claim stems from earlier divorce proceed- ings. In granting divorce, the court had divided the separate and community property between the spouses under the authority of Section 3.63 of the Texas Family Code, V.T.C.A. In addition to various items of personal property and title to real estate. Mary Elizabeth Nunnally was awarded 60% of certain life insurance policies. $46,779.41 representing an advance to the community from her separate estate, and $5,000 in attorney’s fees incurred as a result of the divorce proceedings. The trial court granted Mrs. Nunnally a lien on Roy Nunnally’s remaining interests in his Navy retirement benefits to secure the $46,779.41! A few months later Nunnally’s petition in bankruptcy presented Mrs. Nunnally with the possibility that parts of the divorce decree might be rendered of little worth. Those fears were reinforced by the bankruptcy referee’s decision and the district court’s affirmance. The referee fou [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386003_0959%3A2. Public record. Not legal advice.