Phillippe Tanguy, 13500 Air Express, L.L.C. and 13500 Air Express, L.P., and PTRE Holdings. L.P. v. William G. West, as Chapter 7 Trustee of Richard Davis, Debtor, and Eva S. Engelhart, Receiver
ACCEPTED
01-14-00455-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/2/2015 4:15:22 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00455-CV
No. 01-14-00455-CV FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
________________________________________________________
1/2/2015 4:15:22 PM
THE
IN THE
IN CHRISTOPHER A. PRINE
Clerk
COURT OF
FIRST COURT
FIRST APPEALS
OF APPEALS
TEXAS
HOUSTON, TEXAS
HOUSTON,
_________________________________________________________
TANGUY,
PHILIPPE TANGUY,
PHILIPPE
AIR EXPRESS,
13500 AIR
13500 EXPRESS, L.L.C & 13500
L.L.C & AIR EXPRESS,
13500 AIR EXPRESS, L.P.,
Appellant,
Appellant,
v.
WILLIAM G.
WILLIAM G. WEST, CHAPTER 7 TRUSTEE
AS CHAPTER
WEST, AS TRUSTEE OF
OF
RICHARD DAVIS,
RICHARD DEBTORS
DAVIS, DEBTORS
Appellee.
Appellee.
________________________________________________________
APPELLEES’ BRIEF
APPELLEES’ BRIEF
________________________________________________________
W. Wolfshohl
Joshua W. Eva S. Engelhart
Eva
24038592
Texas Bar No. 24038592 Bar No.
State Bar 00796513
No. 00796513
jwo1fshoh1@porterhedges.com
jwolfshohl@porterhedges.com May, Cron
Ross, Banks, May, & Cavin P.C.
Cron &
Aaron J.
Aaron Power
J. Power 2 Riverway, Suite 700
24058058
Texas Bar. No. 24058058 77056-1919
Houston, Texas 77056-1919
apower@porterhedges.com eenge1hart@rossbanks.com
eengelhart@rossbanks.com
Porter Hedges LLP
Hedges LLP 626-1200
(713) 626-1200
Main Street, 36
1000 Main
1000 36”‘
th
Floor 623-6014 (fax)
(713) 623-6014
77002
Houston, Texas 77002
226-6000
Telephone: (713) 226-6000
Telephone:
228-1331
Facsimile: (713) 228-1331
Facsimile:
ATTORNEYS FOR APPELLEE
ATTORNEYS FOR APPELLEE COURT APPOINTED
COURT RECEIVER
APPOINTED RECEIVER
WILLIAM WEST
WILLIAM G. WEST PRO SE
PRO SE
Of Contents
Table Of
Table
Page
Page
SUPPLEMENTAL LIST
SUPPLEMENTAL OF PARTIES.........................................................................................
LIST OF PARTIES ....................................................................................... iiii ..
STATEMENT OF
STATEMENT THE CASE.......................................................................................................
OF THE CASE ............................ .. . 11 .
STATEMENT IN
STATEMENT IN OPPOSITION TO ORAL
OPPOSITION TO ARGUMENT .........................................................
ORAL ARGUMENT ....................................................... 2 ..
STATEMENT OF
STATEMENT FACTS .............................................................................................................
OF FACTS ........................................................................................................... 33 ..
The Bankruptcy Court Judgment
The Judgment and Appeals Thereof ......................................................3
.................................................... ..3
Judgment and Appointment of the Receiver .....................................3
Domestication of the Judgment ................................... ..3
The District Court Orders Appellees to Turnover and Authorizes the
The
Receiver to Sell the Driscoll Property .....................................................................4
................................................................... ..4
The District Court Approves the Sale of the Driscoll Property...........................................5
The Property ......................................... ..5
SUMMARY OF
SUMMARY ARGUMENT....................................................................................................... 6
OF ARGUMENT .
APPELLEES’ ARGUMENT ........................................................................................................ 7
APPELLEES’ ARGUMENT.......................................................................................................... ..
1.
1. There is No Appellants’ Collateral Attack on
No Legal Support for Appellants’ on the
Judgment ........................................................................................ ..7
Validity of the Judgment..........................................................................................7
2. A Court May
A May Require a Judgment
Judgment Debtor to Turn Turn OverOver All Non- Non-
Exempt Property to a Receiver.
Exempt Receiver. .............................................................................10
........................................................................... ..10
3. The Plain Language
The Does Not
Language of the Statute Does Not Require the Turnover
Specifically Identify Property..................................................................12
Order to Specifically Property ................................................................ ..12
4. The Receiver Order, the Turnover Order and the Sale Order Were
The Were
Non—Exempt
by Sufficient Evidence of Non-Exempt Property Which
Supported by Which
Not Subject to Sale by
is Not by Ordinary Legal Process. .............................................. 14
Process. ................................................14 ..
5. The Receiver Order, the Turnover Order and the Sale Order Were
The Were
Supported by Non—Exempt Property Which
by Sufficient Evidence of Non-Exempt Which
is Not by
Not Subject to Sale by Ordinary Legal Process.
Process. ................................................14
.............................................. ..14
6. Do Not
Appellants Do Have the Right to a Jury Trial on
Not Have on the
Order ..................... ..16
Appointment of a Receiver, the Turnover Order or the Sale Order.......................16
7. The Court Lacks Jurisdiction to Review
The Review the Receiver’s
Appointment as Master in Chancery......................................................................18
Appointment Chancery .................................................................... ..l8
PRAYER ..................................................................................................................................... 19
PRAYER.......................................................................................................................................
.. l9
i
SUPPLEMENTAL LIST
SUPPLEMENTAL OF PARTIES
LIST OF PARTIES
Pursuant to the Rules 38.2(a)(1) and 38.1(a)
38.l(a) of the Texas Rules of Appellate
Procedure, Appellees file filed by
file this supplement to the list of parties filed by Appellants,
which Eva Engelhart, the court-appointed receiver, as an Appellee.
which omitted Eva Appellee. Ms.
was the movant
Engelhart was movant in two
two of the three orders in this appeal. Therefore,
Therefore, she
Appellee.
is clearly an Appellee.
Appellee:
Appellee: Eva S. Engelhart
Eva
May, Cron
Ross, Banks, May, & Cavin, P.C.
Cron &
2 Riverway, Suite 700
77056-1919
Houston, Texas 77056-1919
Appellee:
Attorney for Appellee: Appearing pro
pro Se
se as court-appointed receiver
ii
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TABLE OF
TABLE OF AUTHORITIES
AUTHORITIES
Page(s)
CASES
CASES
Bahar v. Lyon Fin.
Bahar v. Fin. Servs.,
Servs.,
330 S.W.3d App.—Austin 2010, pet. denied) ..................................18
S.W.3d 379 (Tex. App.—Austin ................................ ..18
Bergeron v.
v. Sessions,
561 S.W.2d 551
561 S.W.2d App.—Dal1as 1977,
551 (Tex. Civ. App.—Dallas refd n.r.e.) ....................17
1977, writ ref’d .................. ..17
Block
Black v.
V. Shor,
443 S.W. 3d 170
443 App.—Corpus Christi 2013, no pet.) ...........................13
170 (Tex. App.—Corpus ......................... 13 ..
Boger
Boger v. Moore,
Moore, Inc.,
1/.
S.W.2d 646, 649
196 S.W.2d
196 App.—Beaumont 1946,
649 (Tex. Civ. App.—Beaumont no writ) ...................17
1946, no ................. ..17
Congleton v.
v. Shoemaker,
No. 09-11-00453—CV, 2012 WL
No. 09-11-00453-CV, WL 1249406 App.—Beaumont Apr.
1249406 (Tex. App.—Beaumont
12,
12, 2012, pet.
pet. denied) (mem. op.) ....................................................................19
.................................................................. ..19
Cross v.
v. Cross,
738 S.W.2d App.—Corpus Christi 1987,
S.W.2d 86 (Tex. App.—Corpus dism’d w.o.j.).............16
1987, writ dism’d w.o.j.) ........... 16 ..
Exec. Benefits
Exec. Benefits Ins. 1/. Arkison (In re Bellingham
Ins. Agency v. Bellingham Ins. Ins. Agency,
Agency, Inc.),
134 2165 (2014).............................................................................7,
134 S. Ct. 2165 9,10
(2014) ........................................................................... ..7, 9, 10
Ferguson
Ferguson v.
v. Ferguson,
210 S.W.2d App.—Austin 1948,
S.W.2d 268 (Tex. Civ. App.—Austin n.r.e.) .................. 17
1948, writ ref’d n.r.e.)....................17 ..
v. Dorfif
Gunther v. Dorff,
296 App.—Waco 1956,
S.W.2d 638 (Tex. Civ. App.—Waco
296 S.W.2d dism’d) ......................... ..16
1956, writ dism’d)...........................16
Hennigan v. Hennigan,
Hennigan v.
SW 2d
666 SW App.—H0ust0n [14
2d 322 (Tex. App.—Houston th
[14‘h writ dism’d) ............15
1984, Writ
Distr.] 1984, .......... 15 ..
Henry v.
v. Masson,
333 App.—Houst0n [1st
S.W.3d 825 (Tex. App.—Houston
333 S.W.3d Dist.] 2010, no pet.) .....................16
[1stDist.] ................... ..16
In re BP
BP RE,
RE, L.P.,
th
279 (5
735 F.3d 279 (5th 2013) ..................................................................... ..7, 8, 9
Cir. 2013).......................................................................7,
iii
iii
4476732v1
4476732v1
Moody
Moody v.
v. State,
S.W.2d 158
538 S.W.2d App.—WacO 1976,
158 (Tex. Civ. App.—Waco ref'd n.r.e) ......................16
1976, writ ref’d .................... ..16
Moyer v. Moyer,
Moyer v. Moyer,
183 S.W. 3d 48 (Tex. App. Austin, 2005, no pet.) .....................................13,
183 18
................................... ..13, 18
v. Brown,
v.
Pillitteri
165 S.W.3d 715 (Tex. App. 2005) ...................................................................15
165 S.W.3d ................................................................. ..15
Sheikh v.
v. Sheikh,
248 S.W.3d 381
248 S.W.3d 381 (Tex. App. Houston 1st
1st Dist. 2007) .......................................18
..................................... ..18
Steenland v. Commerce Bank
v. Texas Commerce Nat. Ass
Bank Nat. Ass’n,
’n,
648 S.W.2d App.—Ty1er 1983,
S.W.2d 387 (Tex. App.—Tyler refd n.r.e.) .............................17
1983, writ ref’d ........................... 17 ..
Stem v.
Stern v. Marshall,
Marshall,
564 U.S.2(2011)
U.S. 2 (2011)...........................................................................................7,
......................................................................................... ..7, 8
Suttles v. Vestin Realty Mortg.
v. Vestin Mortg. I,I, Inc.,
Inc.,
317 S.W.3d 412
317 S.W.3d 412 (Tex. App. Houston [1st
App.—Houston no pet.) .....................15
Dist.] 2010, no
[1stDist.] ................... ..15
v. McCarthy,
Tanner v.
274 S.W.3d
274 S.W.3d 311 App.—Houston [1
311 (Tex. App.—Houston
st
[15tDist.]
Dist.] 2008, no pet.) .... 10,
10, 13,
13, 14, 18
14, 18
SSTATUTES
TATUTES
TEX.
T CIV.
EX. C PRAC.
IV. P & RREM.
RAC. & CODE
EM. C ANN.
ODE ANN. §
§ 31.002(a) ................................
.............................. 10,
10, 11,
11, 14, 16
14, 16..
TEX.
T CIV.
EX. C PRAC.
IV. P & RREM.
RAC. & CODE
EM. C ANN.
ODE ANN. § 31.002(h) .................................... ..11,
§ 31.002(h)...................................... 11, 12, 13
12, 13
TEX.
T CIV.
EX. C PRAC.
IV. P & RREM.
RAC. & CODE
EM. C ODE §
§ 31.002(b)(2) ................................................10, 12
.............................................. ..10, 12
TEX.
T CIV.
EX. C PRAC.
IV. P & RREM.
RAC. & CODE
EM. C ODE §
§ 31.002(b)(3) ................................................10, 11
.............................................. ..10, 11
TEX.
T CIV.
EX. C PRAC.
IV. P & RREM.
RAC. & CODE
EM. C ODE §
§ 31.0025 .............................................................15
........................................................... ..15
OTHER
O AUTHORITIES
THER AUTHORITIES
ofCiVi1
Rule of 171 ................................................................................ ..18
Civil Procedure 171..................................................................................18
iv
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STATEMENT OF
STATEMENT THE CASE
OF THE CASE
This appeal is the Appellants’ most recent dilatory tactic in a lengthy dispute
More than four years ago, William
non-payment of a promissory note. More
regarding non-payment
West (the “Trustee”) obtained a judgment
G. West judgment of approximately $1.2 million against
the Appellants in the United States Bankruptcy Court for the Southern District of
Texas. After a series of frivolous appeals by
Texas. by Appellants, including a petition for
certiorari denied by Supreme Court, the Trustee domesticated
by the United States Supreme
th
the judgment 2701*‘
judgment in the 270 Texas.
District Court of Harris County, Texas.
Tanguy admitted in an affidavit of net worth that he has significant
Philippe Tanguy significant
non-exempt assets, including a rental property in Houston, non-exempt
non-exempt non-exempt income
income
owned entities, and an airplane located in Georgia. After a
from his wholly owned
from
which Tanguy’s
hearing at which Tanguy’s affidavit was introduced into evidence, the District
affidavit was
Eva S. Engelhart (the “Receiver”) as receiver.
Court ordered the appointment of Eva
The Receiver subsequently obtained an order requiring Tanguy
The Tanguy to turn over the
rental property to her and an order authorizing her to sell the property.
property.
The Appellants appealed (i)
The (i) the order appointing the Receiver, (ii)
(ii) the order
them to turn over the rental property to the Receiver, and (iii)
requiring them (iii) the order
authorizing the Receiver to sell the rental property.
1
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STATEMENT IN
STATEMENT IN OPPOSITION TO ORAL
OPPOSITION TO ARGUMENT
ORAL ARGUMENT
Appellees believe that the legal issues presented in this appeal have been
authoritatively decided, and the facts and legal arguments are adequately presented
parties’ briefs.
in the parties’ briefs. was
Accordingly, oral argument is not necessary and was
by Appellants for the purpose of causing further delay.
requested by delay.
[Remainder of page left intentionally blank]
blank]
2
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STATEMENT OF
STATEMENT OF FACTS
FACTS
The Bankruptcy Court Judgment
The Bankruptcy and Appeals
Judgment and Thereof
Appeals Thereof
On March
On March 30, 2010, the Trustee obtained a judgment
judgment against Appellees in
amount of $1,183,090.80, plus post-judgment interest and attorney’s
the amount attomey’s fees in the
amount of $31,180.75
amount “
udgment”) (CR
$31,180.75 (the “Judgment”) CR at pp.
(CR at p. 5; see also CR 94-109).
pp. 94-109).
Judgment from the Bankruptcy Court to the United
Appellees appealed the Judgment
which affirmed the
States District Court for the Southern District of Texas, which
was frivolous, and awarded
Bankruptcy Court’s Judgment, found that the appeal was awarded
(CR
the Trustee reasonable and necessary fees and costs for defending the appeal. (CR
at pp. 69-93).
of Appeals
Appellees then appealed to the United States Court of Appeals for the Fifth
Circuit, which (CR at pp.
Judgment. (CR
which also affirmed the Bankruptcy Court’s Judgment. pp. 59-68).
by the
Finally, Appellees had their petition for writ of certiorari denied by
Supreme (CR at pp. 26-113).
Supreme Court of the United States. (CR 26-113).
of the Judgment
Domestication of and Appointment
Judgment and of the Receiver
Appointment of
On November
On November 8, 2013, the Trustee domesticated the Judgment 2701“
Judgment in the 270 th
(CR at pp. 5-11).
District Court of Harris County, Texas (the “District Court”) (CR 5-11).
On November
On November 11, filed an Application for Turnover After
11, 2013, the Trustee filed
“
Judgment Appointment of a Receiver and Master (the “Application
Judgment and For Appointment pplication to
(CR at pp. 12-14).
Appoint a Receiver”) (CR 12-14).
3
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On April 25, 2014, following an unsuccessful mediation, the District Court
On
(RR Apr.
held an evidentiary hearing on the Application to Appoint a Receiver. (RR
2014).
25, 2014).
At the hearing, counsel for the Trustee introduced two
At two exhibits—Tanguy’s
exhibits—Tanguy’s
2009 through
sworn affidavit of net worth and his federal tax returns for the years 2009
2012. (RR CR at pp. 162-164).
(RR April 25, 2014, at pp. 3:24-4:3; CR 162-164). Appellants
no evidence at the hearing.
introduced no hearing.
on
non-exempt assets listed on
Counsel for the Trustee argued that any of three non-exempt
Tanguy’s affidavit of net worth supported the appointment of a receiver—income
Tanguy’s receiver—income
from a rental property located at 1714
from 1714 Driscoll Street in Houston, Texas (the
income of several hundred thousand dollars in the form
Propemj’), income
“Driscoll Property”), form of
from Tanguy’s
distributions from owned entities, and an airplane located in
Tanguy’s wholly owned
(RR April 25, 2014, at pp.
Georgia. (RR pp. 5:1-6:17; pp. 8:1-25).
821-25).
On April 25, 2014, the District Court signed and entered the Order Granting
On
which
Turnover and Appointing Receiver and Master (the “Receiver Order”), which
appointed Eva (CR at pp. 136-143).
Eva S. Engelhart as the Receiver. (CR 136-143).
and Authorizes the Receiver to
The District Court Orders Appellees to Turnover, and
The
Sell, the Driscoll Property
On May
On May 23, 2014, the Receiver filed Emergency Motion
filed an Emergency Compel
Motion to Compel
To Retain Real Estate Broker and to Sell
Non-Exempt Real Property, To
Turnover of Non-Exempt
Non-Exempt Real Property (the “Motion
Non-Exempt Compe ”). (CR
“Motion to Compel”). (CR at pp. 147-150).
pp. 147-150).
4
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On May
On May 30, 2014, the District Court held a hearing on the Motion
Motion to
(R May
Compel. (RR May 30, 2014). The
The Receiver appeared at the hearing pro
pro Se
se and
counsel. (RR
Appellees appeared through counsel. May 30, 2014, at p.
(RR May The Trustee did
p. 2). The
Motion to Compel. Id.
not appear at the hearing on the Motion Id.
On May
On May 30, 2014, the District Court entered its Order to Compel
Compel Turnover
Non-Exempt Real Property, to Retain Real Estate Broker and to Sell Non-
of Non-Exempt Non-
Exempt Real Estate (the “Turnover
Exempt (CR at pp. 182-83).
“Turnover Order”). (CR 182-83).
The District Court Approves
The Approves the Sale of
of the Driscoll Property
On July 9, 2014, the Receiver filed
On Motion to Sell Real Property at 1714
filed her Motion 1714
App’x A.
Driscoll St. See App’x
On October 10,
On Amended Order to
10, 2014, the District Court entered its Third Amended
1714 Driscoll St. (the “Sale Order”). See App’x
Sell Property at 1714 App’x B.
On October 30, 2014, Appellees timely filed
On filed a notice of appeal of the Sale
Order. See App’x The notice of appeal of the Sale Order was
App’x C. The was docketed in this
App’x D.
on October 31, 2014. See App’x
appeal on
of additional items to be
file a notice of designation of
Appellants did not file
December 29,
included in the record for this appeal related to the Sale Order until December
App’x E.
2014. See App’x E.11
1
'
Appellants’ designation of the record in connection with the Sale Order has not been completed by
Appellants’ by the clerk’s
office. Appellees have included the relevant documents Appendix to this brief.
documents in the Appendix documents in the
brief. All of the documents
Appendix will be part of the supplemental
Appendix supplemental record.
record.
5
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SUMMARY OF
SUMMARY OF ARGUMENT
ARGUMENT
The Trustee obtained the Judgment
The Judgment four years ago and domesticated it in the
Tanguy admitting that he has hundreds of
District Court over a year ago. Despite Tanguy
non-exempt assets and the Driscoll Property being under
thousands of dollars in non-exempt
five months, the Trustee has not recovered a single dollar from
contract to sell for five
the Appellants as a result of this frivolous appeal.
Each of Appellants’
Each Appellants’ seven points on appeal lack any merit in the law or the
undisputed facts in this case.
case. Appellants’ made in slightly
Appellants’ primary argument, made
modified forms in points of appeal 2, 4, and 5, is that they should not be compelled
non-exempt property to the Receiver and, instead, they have the
to turn over all non-exempt
how their non-exempt
right to dictate how non-exempt assets are monetized. Appellants attempt to
from laws designed to assist
transmogrify the receiver and turnover statutes from
judgment non-exempt assets from
judgment creditors in collecting non-exempt from recalcitrant judgment
judgment
benefit and protection of
debtors, like the Appellees, into statutes designed for the benefit
judgment Appellants’ arguments ultimately fail because they require the
debtors. Appellants’
judgment debtors.
Court to ignore the plain language of the statutes and read additional elements into
the statutes that do not exist.
unavailing. Point of appeal
Appellants’ remaining arguments are equally unavailing.
No. 11 is foreclosed by Supreme Court decision; point of appeal no. 3 was
by a recent Supreme was
reversed by of appeal no. 6 is contrary to long-
by statute nearly a decade ago; point of
6
4476732v1
4476732v1
standing Texas case law; and the Court does not have jurisdiction to consider point
of appeal no. 7.
ARGUMENT
APPELLEES’ ARGUMENT
APPELLEES’
1. There No Legal Support
There is No Support for Appellants’ Collateral Attack on the
Attack on
Judgment.
Validity of the Judgment.
Appellants’ on appeal
first issue on
Appellants’ first on the validity of the
is a collateral attack on
Judgment based on the Bankruptcy Court’s alleged lack of subject matter
Judgment
jurisdiction. Appellants misstate the procedural posture
jurisdiction. of the rulings on this issue
of
below and, based on that incorrect description,
below description, argue that there has been a change
Judgment. See In re BP
in applicable Fifth Circuit law that invalidates the Judgment. BP RE,
RE,
L.P., 735 F.3d th
(5th
279 (5 Cir. 2013). Not only is the Fifth Circuit’s BP
2013). Not BP RE
RE decision
Supreme Court recently issued an
inapplicable to this case, the United States Supreme
opinion that validates bankruptcy court judgments,
judgments, such as the one in this case, that
were affirmed after de novo review by
by federal district courts sitting as intermediate
Exec. Benefits
courts of appeal. See Exec. Ins. Agency v. Arkison (In re Bellingham Ins.
Benefits Ins. 12. Ins.
Agency,
Agency, Inc.), 134 S. Ct. 2165 (2014).
Inc.), 134
what is set forth in Appellants’
Contrary to what Appellants’ brief, they have never previously
Judgment on the basis of lack of
challenged the Judgment of subject matter jurisdiction or
The Supreme
Court. The
constitutional authority of the Bankruptcy Court. Supreme Court issued its
watershed decision regarding bankruptcy court jurisdiction and constitutional
jurisdiction and
v. Marshall,
authority in Stern v. 564 U.S. 2 (2011), during the pendency of the
Marshall, 564
7
4476732v1
4476732v1
Appellants’ Judgment to the federal district court.
Appellants’ appeal of the Judgment court. The federal
The
brief the issue and ultimately ruled that Stern did
district court asked the parties to brief
not apply. (CR at pp. 69-93). Appellants then filed
apply. (CR filed an appeal to the Fifth Circuit.
The appeal raised the issue of whether, in light of Stern,
The Stem, the Bankruptcy Court had
Appellants’ counterclaims
subject matter jurisdiction and authority to rule on Appellants’
against the estate. Couit
estate. However, the appeal did not argue that the Bankruptcy Court
lacked jurisdiction Judgment against the Appellants.
jurisdiction and authority to enter the Judgment (CR
Appellants. (CR
at pp. 59-68).
In their brief,
brief, Appellants falsely allege that the Fifth Circuit concluded that
waived or consented to the Bankruptcy Court’s subject matter
Appellants waived
jurisdiction The Fifth Circuit
and authority as to the Trustee’s claim against them. The
made such a finding
could not have made finding because the only issue presented in that appeal
was whether the Bankruptcy Court had
was had subject matter jurisdiction
jurisdiction and authority to
on Appellants’
rule on Appellants’ counterclaims against the bankruptcy estate.
estate.2
2
The goal of Appellants’ mischaracterization of the record below
The make it
below is to make
appear as if this case is subject to the Fifth Circuit’s ruling in BP
BP RE
RE that a party
cannot waive the constitutional requirements of authority under Article III. In
reality, no court has ever ruled that Appellants waived or consented to subject
2
On the issue of whether the Bankruptcy Court had subject matter jurisdiction
On Appellants’ counterclaims
jurisdiction to rule on Appellants’
Fifih Circuit held, as did the federal district court, that Stern
against the estate, the Fifth Stern did not apply. (CR at pp. 59-68).
apply. (CR
8
4476732v1
4476732v1
BP RE
matter jurisdiction or constitutional authority. Therefore, BP on
RE has no bearing on
this case.
The Appellants are correct that there has been a significant
The significant change in case
law in the time since entry of the Judgment; they have just
just cited this Court the
wrong case. Rather than BP
wrong BP RE, the newly issued opinion applicable to this case is
Supreme Court’s ruling in Bellingham.
the Supreme Bellingham. Supreme Court
In that case, the Supreme
declined to address the waiver and consent issue decided in BP
BP RE. Bellingham,
Supreme Court ruled that bankruptcy court
134 S. Ct. at 2174-75. Instead, the Supreme
134
affirmed by
judgments in non-core matters must be affirmed by an Article III federal district
judge after de novo review. Id.
ale novo Id.
Supreme Court held that there is no
Critically, the Supreme no constitutional difference
between a district court’s de novo
between recommendation from
nava review of a report and recommendation from a
“final” bankruptcy court
nova review of a “final”
bankruptcy court and a district court’s de novo
judgment on appeal:
judgment on appeal:
At
At bottom, [Appellant] argues that it was entitled to have an Article
it was
III court review de novonova and enter judgment
judgment on the fraudulent
conveyance claims asserted by by the trustee. In effect, [Appellant]
The
received exactly that. The District nova review of
Court conducted de novo
summary judgment
the summary judgment claims, concluding in a written opinion that
there were no was
no disputed issues of material fact and that the trustee was
entitled to judgment
judgment as a matter of law. In accordance with its
statutory authority over matters related to the bankruptcy, see §§
l334(b), the District Court then separately entered judgment
1334(b), judgment in favor
same review from
of the trustee. [Appellant] thus received the same
of from the
District Court that it would have received if the Bankruptcy Court had
it would
treated the fraudulent conveyance claims as non-core proceedings
9
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4476732v1
under §§ 157(c)(1).
157(c)(1). In short, even if [Appellant] is correct that the
Court‘s entry of judgment
Bankruptcy Court's was invalid, the District
judgment was
own valid
Court's de novo review and entry of its own final judgment
Valid final judgment cured
any error.
error.
Bellingham, 134 S. Ct. at 2175.
Bellingham, 134
Bellingham is directly applicable to this case. Even if Appellants were
Even were
and the Bankruptcy Court did not have constitutional authority to enter the
correct and
affirmation of the
Judgment, the federal district court’s de novo review and affirmation
Judgment cured any Article III deficiency.
Judgment deficiency. Therefore, there is no legal support for
Appellants’ collateral attack on the validity
Appellants’ Judgment and this argument is
Validity of the Judgment
more than a red herring.
nothing more
2. A Court
A May Require
Court May Judgment Debtor
Require a Judgment Turn Over
Debtor to Turn Non-
Over All Non-
Exempt Property to a Receiver.
Exempt
The Receiver was
The & Remedies
was appointed pursuant to Texas Civil Practices & Remedies
Code Ann. §§ 31.002(b)(3)
Code 3l.002(b)(3) (West 2008). In order for a court to grant relief under §
§
3l.002(b), it
31.002(b), it must find that the requirements of §§ 31.002(a)
must first find 3l.002(a) have been
satisfied. v. McCarthy,
satisfied. Tanner v. 274 S.W.3d
McCarthy, 274 App.—Houston [1
S.W.3d 311, 322 (Tex. App.—Houston st
[151
(“The relief allowed by
Dist] 2008, no pet.) (“The
Dist.] by section 31.002(b), may be
3l.002(b), therefore, may
when the conditions in section 31.002(a)
granted only when 3l.002(a) exist.”).
exist”). Section 31.002(a)
find that the judgment
requires the court to find owns some
judgment debtor owns non-exempt property
some non-exempt
“cannot readily be attached or levied on by
that “cannot TEX.
by ordinary legal process.” T CIV.
EX. C IV.
10
10
4476732v1
4476732v1
PRAC.
P & RREM.
RAC. & CODE
EM. C ANN.
ODE ANN. §
§ 31.002(a). Once that threshold showing has been
3l.002(a). Once
made under §§ 31.002(a), the court is free to grant relief under §§ 31.002(b).
made 31.002(b).
Under
Under Section 31.002(b)(1), may require the judgment
3l.002(b)(l), a court may judgment debtor to
“nonexempt property that is in the debtor’s possession or is subject to the
turnover “nonexempt
debtor's control.” Id. 3l.002(b)(l). Notably absent from the plain language of
Id. at §§ 31.002(b)(1).
non-exempt property cannot be
3l.002(b)(l) is any requirement that the non-exempt
Section 31.002(b)(1)
readily attached or levied on by The only requirement is
by ordinary legal process. The
non-exempt and in the debtor’s possession or subject to the
that the property be non-exempt
control. Similarly, Section 31.002(b)(3)
debtor’s control. “appoint a
3l.002(b)(3) allows a court to “appoint
nonexempt property,
receiver with the authority to take possession of the nonexempt property, sell it,
it,
pay the proceeds to the judgment
and pay judgment creditor to the extent required to satisfy the
judgment.”
judgment.” Id. 31.002(b)(3).
Id. at §§ 31.002(b)(3). from Section
Again, conspicuously absent from
non-exempt property cannot be readily
3l.002(b)(3) is any requirement that the non-exempt
31.002(b)(3)
on by
attached or levied on by ordinary legal process. Appellants’ argument asks this
process. Appellants’
Court to ignore the plain language of these statutes and engraft the ordinary legal
3l.002(a) onto Sections 31.002(b)(1)
process language found in Section 31.002(a) 3l.002(b)(l) and (3).
The plain language of Sections 31.002(a)
The 3l.002(a) and (b) establish that a court must
find that there is some
find non-exempt property that cannot be readily attached or
some non-exempt
by ordinary legal process and, once that showing has been made, it
levied on by may
it may
11
11
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order the judgment non-exempt property to a receiver.
judgment debtor to turn over all non-exempt 3
receiver.3 This
by Section 31.002(h)
conclusion is bolstered by which does not require a court to
3l.002(h) which
turnover. See T
specifically identify the property that is subject to turnover. TEX. CIV.
EX. C PRAC.
IV. P &
RAC. &
REM.
R CODE
EM. C ANN.
ODE ANN. § Appellants’ interpretation of Section 31.002(a)
3l.002(h). Appellants’
§ 31.002(h). 3l.002(a) and
make the statute internally inconsistent.
would contradict (h) and make
(b) would inconsistent. Not
Not only do
3 l.002(h) in their argument here, their next point of
the Appellants ignore Section 31.002(h)
4
statute.4
appeal argues for a ruling that is exactly the opposite of the statute.
3. The Plain Language
The Language of the Statute Does
Does Not
Not Require Turnover
Require the Turnover
Order to Specifically
Order Specifically Identify Property.
The Receiver Order provides the Receiver with “the
The power and authority to
“the power
take possession of all non-exempt (CR at pp. 136-37).
non-exempt property” of the Appellants. (CR 136-37).
was required to specifically
Appellants complain that the Receiver Order was specifically identify
property that is subject to turn over. This argument is directly contrary to the plain
language of the statute.
As discussed above, Texas Civil Practice and Remedies
As Code Section
Remedies Code
“appoint a receiver with the authority to take
3l.002(b)(2) permits a court to “appoint
31.002(b)(2)
3
The Appellants argument that there was
The was no
no or insufficient evidence of non-exempt property that cannot be
of any non-exempt
on by
readily attached or levied on by ordinary legal process is addressed in point of appeal nos.
nos. 4 and 5.
4
made transparent at the end of their argument on
Appellants‘ true motivation in this case is made
Appellants’ on point of appeal no. 2.
Appellants’ ultimate goal is to have the Driscoll Property sold at a constable’s
Appellants’ constable’s sale rather than for a fair market
value.
value. The District Court recognized that such a sale would
The would result in no
no recovery to the Trustee.
Trustee. (RR May 30,
(RR May
2014, at p. 12:10-13:4) (“My general response [to the Appellants’ complaint at having to pay
12:10-13:4) (“My pay broker and trustee’s
fees]
fees] is, my experience
is, my experience with that is,
is, at a constable’s sale it’s amount of
its only going to go for the amount ofthe
the liens.
liens. . . Because
. .
why would
why would anybody do anything else? . . . Generally speaking,
. . . speaking, you much
don’t generate very much
you know, constable sales don’t
my experience.”).
in excess of the lien, it’s been my Why would
experience"). Why would the Trustee, or any
anyjudgment
judgment creditor for that matter,
would minimize, rather than maximize,
select a path that would on the Judgment?
maximize, its recovery on Judgment’? In particular,
particular, the Trustee is
Chapter 7 trustee in bankruptcy with a fiduciary
a chapter maximize the distribution to creditors of the estate.
fiduciary duty to maximize estate.
12
12
4476732v1
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nonexempt property, sell it,
possession of the nonexempt pay the proceeds to the judgment
it, and pay judgment
creditor to the extent required to satisfy the judgment.” TEX.
judgment.” T CIV.
EX. C PRAC.
IV. P & RREM.
RAC. & EM.
CODE
C ODE §
§ 31.002(b)(2). may enter or
3l.002(b)(2). Further, Section 31.002(h) states that a “court may
enforce an order under this section that requires the turnover of nonexempt
nonexempt
property without identifying in the order the specific propertv subject
specific property subiect to
turnover.”
Subsection (h) of Section 31.002 became May 17,
became effective on May 2005. See
17, 2005.
TEx.
T CIV.
EX. C PRAC.
IV. P & RREM.
RAC. & CODE
EM. C ANN.
ODE ANN. § May 17,
§ 31.002(h) (West 2008) (effective May 17,
2005). Appellants cite only one case in support of their argument that a turnover
must specifically
order must property. See Mayer
specifically identify property. v. Mayer,
Moyer v. Moyer, 183 3d 48
183 S.W. 3d
(Tex. App.—Austin pet.). Mayer
no pet.).
App.—Austin 2005, no was decided on
Moyer was August 17,
on August 17, 2005, just
months after the effective date of Section 31.002(h), but failed to address the
three months
new Subsection (h). However, itit is clear that Mayer
new Moyer has been
been superseded by
by
statute.
On several occasions since the enactment of Section 31.002(h),
On 3l.002(h), courts of
meaning and held that a turnover order does not
affirmed its plain meaning
appeals have affirmed
specifically identify property.
need to specifically property. See, e.g., Black v.
See, e.g., v. Shor, SW. 3d 170,
Shar, 443 S.W. 170,
App.—Corpus Christi 2013, no pet.); Tanner v.
175 (Tex. App.—Corpus
175 274 S.W. 3d
v. McCarthy, 274
311, 320-21 App.—Houston [1
320-21 (Tex. App.—Houston st
[lst Dist.] 2008, no pet.).
pet.). Therefore, the
13
13
4476732v1
4476732v1
Receiver Order is consistent with Section 31.002(h)
3 l .002(h) in that it
it requires Appellants to
non-exempt property to the Receiver.
turn over all non-exempt
4. The Receiver Order, the Turnover
The Order and
Turnover Order and the Sale Order Were
Order Were
Supported by
Supported by Sufficient Evidence of Non-Exempt
Sufficient Evidence Which is
Non-Exempt Property Which
Not Subject to Sale by
Not Ordinary Legal Process.
by Ordinary Process.
5. The Receiver Order, the Turnover
The Order and
Turnover Order and the Sale Order Were
Order Were
Supported by
Supported by Sufficient
Sufficient Evidence
Evidence of Non-Exempt
Non-Exempt Property Which
Which is
Not Subject to Sale by
Not Ordinary Legal Process.
by Ordinary Process.
fifth points of appeal, Appellants argue that there is no
In their fourth and fifth
evidence or, in the alternative, owned any non-
alternative, insufficient evidence that they owned
exempt property that cannot be readily attached or levied on by
exempt by ordinary legal
low threshold for a
process. This Court has previously established an extremely low
process.
judgment showing under Section 31.002(a):
judgment creditor’s showing 3 1 .002(a):
Section 31.002 does not specify, or restrict, the mannermanner in which
which
may be received in order for a trial court to determine
evidence may
whether 3l.002(a) exist, nor does it require
whether the conditions of section 31.002(a)
that such evidence be in any particular form, that it it be at any
particular level of specificity, or that it quantum
it reach any particular quantum
may grant aid under section 31.002.
before the court may 31.002. However, a trial
must nonetheless determine that the request for aid pending
court must
before the court falls within the scope of section 31.002 before it it
enters an order granting relief under that section. making this
section. In making
determination,
determination, the trial court must
must have some
some evidence before it
it that
establishes that the necessary conditions for the application of 31.002
exist.
exist.
S.W.3d at 322. Thus, all three District Court orders must
Tanner, 274 S.W.3d must be affirmed
non-exempt property that cannot readily be
if there is any of evidence of any non-exempt
on by
attached or levied on by ordinary legal process.
process.
14
14
4476732v1
4476732v1
At the hearing on the Application to Appoint Receiver,
At Receiver, counsel for the
Trustee introduced two exhibits—Tanguy’s sworn affidavit
two exhibits—Tanguy’s of net worth and his
affidavit of
(RR April 25, 2014, at pp.
2009 through 2012. (RR
federal tax returns for the years 2009
CR at pp. 162-164).
3:24-4:3; CR
3:24-4:3; 162-164). Appellants introduced no evidence at the hearing.
hearing.
non-exempt assets listed on
of three non-exempt
Counsel for the Trustee argued that any of
Tanguy’s affidavit of net worth supported the appointment of
Tanguy’s of a receiver:
receiver: (1) rental
income from the Driscoll Property, (2) income of several hundred thousand dollars
income
owned entities, and (3) an
Tanguy’s wholly owned
in the form of distributions from Tanguy’s
(RR April 25, 2014, at pp. 5:1-6:17;
airplane located in Georgia. (RR 521-6217; pp.
pp. 8:1-25).
821-25).
on
filed an eleventh hour pleading the night before the hearing on
Appellants filed
the Application to Appoint Receiver which was no
which alleged that there was no equity in the
(RR April 25, 2014, at p.3:6-13
Driscoll Property. (RR p.3:6-13 and p. 5:6-12). That turned out
p. 5:6-12).
to be false and there is substantial equity in the Driscoll Property that will be
realized upon income from
upon the Receiver’s sale. However, the rental income from the Driscoll
non-exempt property that cannot readily be
by the Appellants is non-exempt
Property disclosed by
by ordinary legal process. See,
attached or levied on by See, e.g.,
e. g., Suttles v. Vestin Realty
v. Vestin
Mortg. SW3d
Mortg. I,I, Inc., 317 S.W.3d 412 App.—Houston [1
412 (Tex. App.—Houston st
[151 Dist.]
Dist.] 2010, no pet.).
pet.).
Tanguy’s income derived from
Tanguy’s from his various wholly-owned non-
wholly-owned entities is non-
exempt property that cannot readily be attached or levied on by
exempt by ordinary legal
process. See Hennigan
process. SW 2d
v. Hennigan, 666 SW
Hennigan v. 2d 322 App.—Houston [14
322 (Tex. App.—Houston th
[14”‘
15
15
4476732v1
4476732v1
1984, writ
Distr.] 1984, TEXAS
dism’d); T
Writ dism’d); C1v.
EXAS C PRAC.
IV. P AND R
RAC. AND REM. CODE
EM. CODE §
§ 31.0025. (RR
31.0025. (RR
2014 at p. 5:21-23
April 24, 2014 5:2l-23 and p. 9:15-18).
no doubt that the airplane located in Georgia is non-
Finally, there can be no
exempt property that cannot readily be attached or levied on by
exempt by ordinary legal
process because it Texas. See Pillitteri
it is not located in Texas. Pillilteri v. S.W.3d 715,
165 S.W.3d
v. Brown, 165
App.—Dallas 2005, no. pet.) (“The
722 (Tex. App.—Dallas (“The ordinary legal process by which
by which
A writ must be addressed to a sheriff
upon is a writ. A
property is attached or levied upon
or constable in the State of Texas, and directs the official to attach and hold the
defendant’s property as shall be found within his county.”).
The District Court was
The was presented with evidence regarding these three assets
them satisfies
and any one of them satisfies the requirements of Section 31.002(a).
3 1 .002(a).
6. Do Not
Appellants Do Have the Right to a:1 Jury Trial on
Not Have Appointment
on the Appointment
of a Receiver, the Turnover Order or the Sale Order.
Turnover Order Order.
It is a well-established principal that a judgment
judgment debtor does not have the
right to a jury receiver. See, e.g.,
jury trial on the appointment of a receiver. e. g., Cross v. Crass, 738
v. Cross,
S.W.2d App.—Corpus Christi 1987,
S.W.2d 86, 89 (Tex. App.—Corpus dism’d w.o.j.) (“The
1987, writ dism’d (“The
main suit and lies within
appointment of a receiver is an ancillary proceeding to the main
Accordingly, appellants are not entitled to a
the sound discretion of the trial court. Accordingly,
jury
jury trial on the trial court’s discretionary authority to appoint a receiver.”)
v. Dorfl
(internal citations omitted); Gunther v. 296 S.W.2d
Dorff, 296 S.W.2d 638, 639 (Tex. Civ.
Civ.
App.—Waco 1956,
App.—Waco (“The appointment of a receiver is a matter
1956, writ dism’d) (“The
16
16
4476732v1
4476732v1
of the judge of the court to Whom
resting largely and primarily in the discretion of whom the
application is addressed. Defendant is not entitled to a jury
jury trial [in] such
instance.”).
instance.”).
it has been held that the right to trial by
“Traditionally, it by jury
jury does not extend
v. Mosson,
to receivership proceedings.” Henry v. Masson, 333 S.W.3d App.—
S.W.3d 825, 848 (Tex. App.—
Houston [1st
Houston [lst Dist.] pet); see also Moody
Dist.] 2010, no pet.); Moody v. S.W.2d 158,
v. State, 538 S.W.2d 158,
161 (Tex. Civ.
161 App.—Waco 1976,
Civ. App.—Waco refd n.r.e).
1976, writ ref’d n.r.e). “[A] court of competent
jurisdiction may appoint a receiver,” and as a result, a hearing on receivership
may receivership
proceedings is “inherently incapable of being determined by jury.” Boger
by a jury.” Boger v.
v.
Moore, Inc., 196 S.W.2d 646, 649
196 S.W.2d App.—Beaumont 1946,
649 (Tex. Civ. App.—Beaumont no writ).
1946, no writ).
The reasoning behind this rule is that because “receivership property is in custody
The
management and control is that of the court; jury intervention would
of the law, its management would
management of the receivership from
impermissibly transfer control and management from the court
to the jury.” Bergeron v. Sessions, 561
Bergeron v. S.W.2d 551, 554 (Tex. Civ. App.—Dallas
561 S.W.2d App.—Dallas
1977, writ ref’d n.r.e.) (citing Ferguson
1977, v. Ferguson, 210
Ferguson v. S.W.2d 268, 269
210 S.W.2d 269 (Tex.
App.—Austin 1948,
Civ. App.—Austin
Civ. 1948, writ ref‘ d n.r.e.)). Thus, after the appointment of the
Writ ref’d
Receiver, Appellants did not have the right to a jury trial in connection with the
5
Order.5
Receiver’s motions leading to the Turnover Order and Sale Order.
5
of their argument that they were entitled to a jury
Appellants cite only one case in support of jury trial, Steenland v.
v. Texas
Commerce Bank
Commerce Bank Nat.
Not. Ass
Ass’n, S.W.2d 387, 391
‘n, 648 S.W.2d 391 (Tex. App.—Tyler 1983,
(Tex. App.—Tyler rerd n.r.e.).
1983, writ ref’d The issue in Steenland
n.r.e.). The
was whether the appellant had the right to a jury
was jury trial on non-exempt portion of his homestead,
on the valuation of the non-exempt homestead.
In the present case, Appellants admitted in the TanguyTanguy Affidavit that the Driscoll Tanguy’s
Driscoll Property is not Tanguy’s
17
17
4476732v1
4476732v1
PTRE had the right to a jury trial on
Finally, Appellants argue that PTRE on its plea in
intervention. The
intervention. PTRE’s plea in intervention.
The District Court has not ruled on PTRE’s intervention.
PTRE is not yet a party to the proceeding below
Therefore, PTRE below and cannot be an
appellant in this case. Accordingly, this argument should be disregarded because
PTRE has no standing to make
PTRE make such argument in this appeal.
7. The Court
The Court Lacks Review the Receiver’s Appointment
Lacks Jurisdiction to Review Appointment as
Master in Chancery.
Master
final argument is that the District Court abused its discretion by
Appellants’ final by
granting master in chancery powers to the Receiver. This Court does not have
jurisdiction to consider this argument.
which is generally considered
“[U]nlike a post-judgment turnover order, which
appealable—a post-judgment order appointing a master in chancery is not
final and appealable—a
final
final and appealable.” Sheikh v.
final v. Sheikh, 248 S.W.3d App.—
S.W.3d 381, 393 (Tex. App.—
Houston [1st
Houston Dist.] 2007, no pet.). There is no appellate jurisdiction over an order
[lst Dist.]
when that order is embedded
appointing a master in chancery even when embedded within a
turnover-and-receivership order.
turnover-and-receivership Id. (citing Mayer
order. Id. Moyer v. Mayer,
Moyer, 183 S.W.3d 48, 51
183 S.W.3d 12. 51
App.—Austin 2005, no pet.)).
(Tex. App.—Austin “The Mayer
“The Moyer court reasoned that a post-
judgment final and appealable because Rule of
judgment master-in-chancery order is not final
Civil Procedure 171, which authorizes the order’s entry, requires further action by
171, which by
homestead non-exempt rental property.
homestead and is non-exempt property. Therefore, Steenland is not applicable because there is no dispute
non-exempt.
over whether the Driscoll Property is non-exempt.
18
18
4476732v1
4476732v1
the court; a master-in-chancery order is, final in the sense that it
is, therefore, not final it can
tumover-and-
Id. Instead, the master in chancery portion of a turnover-and-
be appealed.” Id.
mandamus. Id.
receiver order is only subject to review through mandamus. Id. at 394; see also
Bahar v. Lyon Fin.
Bahar v. Fin. Servs., 330 S.W.3d App.—Austin 2010, pet.
S.W.3d 379, 388 (Tex. App.—Austin
denied) (citing Mayer S.W.3d at 324 (same).
Moyer and Sheikh); Tanner, 274 S.W.3d
Appellants cite only one unpublished decision in support of their argument
that the District Court could not grant master in chancery powers to the Receiver.
Congletan v.
See Congleton 09-1 l-00453-CV, 2012
Shoemaker, No. 09-11-00453-CV,
v. Shoemaker, WL 1249406
2012 WL 1249406 (Tex.
App.—Beaumont Apr. 12,
App.—Beaumont 12, 2012, pet. denied) (mem. op.).
op.). However, the first
had vacated the master in
footnote in that decision indicates that the trial court had
chancery portion of the receivership order prior to the appeal and, therefore, the
appellate court did not discuss any master in chancery issues. Id.
Id. at n.1.
n.l.
Accordingly, this Court lacks jurisdiction to adjudicate the master in
made by
chancery arguments made Appellants.6
by Appellants. 6
PRAYER
PRAYER
affirm the District Court’s Receiver Order,
In conclusion, this Court should affirm
Turnover Order, and Sale Order and grant such other relief as is just.
just.
65
Under the heading of its seventh point on appeal, Appellants
Under two final,
Appellants slip in two arguments regarding the
final, frivolous arguments
“bias" and her fees. First, any appeal of the Receiver’s fees is premature.
Receiver’s alleged “bias” premature. She has not been
awarded non-exempt property due to this
awarded any fees because she has not been permitted to sell any non-exempt appeal. Second, as
this appeal.
was the movant
stated above, the Receiver is an appellee in this case because she was movant in two
two of three orders from which
from which
the Appellants appealed.
19
19
4476732v1
4476732v1
Date: January 2, 2015.
Respectfully submitted,
PORTER
P HEDGES
ORTER H LLP
EDGES LLP
By: /s/ Aaron
/S/ Power
Aaron J. Power
Joshua W.W. Wolfshohl
State Bar No. 24038592
No. 24038592
jwo1fShoh1@porterhedgeS.com
jwolfshohl@porterhedges.com
Aaron J.
Aaron Power
J. Power
Bar No.
State Bar 24058058
No. 24058058
apower@porterhedges.com
1000 Main
1000 36”th Floor
Main Street, 36
77002
Houston, Texas 77002
226-6000
(713) 226-6000
228-1331 (fax)
(713) 228-1331
ATTORNEYS FoR
ATTORNEYS F OR APPELLEE
APPELLEE
WILLIAM
WILLIAM G. WEST, CHAPTER
WEST, CHAPTER 7
TRUSTEE
T RUSTEE
and
and
By: Eva S. Engelhart
/s/ Eva
/S/
Eva S. Engelhart
Eva
Bar No.
State Bar 00796513
No. 00796513
May, Cron
Ross, Banks, May, & Cavin, P.C.
Cron &
2 Riverway, Suite 700
77056-1919
Houston, Texas 77056-1919
626-1200
(713) 626-1200
623-6014 (fax)
(713) 623-6014
Court Appointed
Court Appointed Receiver
20
4476732v1
4476732v1
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
Pursuant to Rules 6.363 and 9.5(b), (d), of the Texas Rules of Appellate
(d), and (e) of
2nd day of January 2015, a true and correct
on this 2nd
Procedure, this is to certify that on
was served on the following counsel of record by
copy of the foregoing was by U.S.
U.S. first
by electronic delivery as follows:
class mail and by
Joe Alfred Izen, Jr.
5222 Spruce Street
77401
Bellaire, Texas 77401
jizen@comcast.net
Tcmguy, 13500
Attorney for Appellant Philippe Tanguy,
Attorneyfar 13500 Air
express, L.L.C.,
express, 13500 Air Express,
L.L.C., 13500 Express, L.P. and
L.P. and
Intervenor, PTRE
Intervenor, PTRE Holdings,
Holdings, L.P.
L.P.
Power
Aaron J. Power
/s/ Aaron
Power
Aaron J. Power
Aaron
21
4476732v1
4476732v1
CERTIFICATE OF
CERTIFICATE COMPLIANCE
OF COMPLIANCE
type-Volume limitation of Texas Rule of
This brief complies with the type-volume
Appellate Procedure 9.4(i)(2)(C)
9.4(i)(2)(C) because this brief contains 4,722 words,
exempted by
excluding the parts of the brief exempted of Appellate Procedure
by Texas Rule of
9.4(i)(1).
9.4(i)(1).
This brief complies with the typeface requirements of Texas Rule of
Appellate Procedure 9.4(e) and the type style requirements of Texas Rule of
Appellate Procedure 9.4(e) because this brief
brief has been prepared in a proportionally
Word in 14-point
spaced typeface using Microsoft Word Times New
14-point Times Roman font or
New Roman
larger.
/s/ Aaron Power
Aaron J. Power
Aaron J. Power
Aaron J. Power
22
4476732v1
4476732v1
APPENDIX TAB
APPENDIX A
TAB A
Motion to Sell Real Property at 1714
Motion 1714 Driscoll Street
8333-001/ESE
NO. 2013-67779
WILLIAM G WEST, IN THE DISTRICT COURT OF
AS CHAPTER 7 TRUSTEE OF
RICHARD DAVIS,
Plaintiff
VS. (0)¢0'3¢01<0)f0><0)¢0>¢03¢0Jf0!<0‘!
HARRIS COUNTY, TEXAS
PHILIPPE TANGUY, 13,500 AIR
EXPRESS, LLC, AND 13,500 AIR
EXPRESS, LP,
Defendants 270"‘ JUDICIAL DISTRICT
MOTION TO SELL REAL PROPERTY AT 1714 DRISCOLL ST.
COMES NOW, Eva Engelhart, Court Appointed Receiver, in the above entitled case, and
would move the Court to sell real property subject to the Contract of Sale attached hereto.
1.
In support of this motion, Receiver would show that heretofore in this cause, Judgment
was rendered in favor of Plaintiff, William G. West, Trustee, against the Defendants on March
30, 2010, which judgment has now become final. Plaintiff proceeded to collect the judgment
by conducting extensive post judgment discovery, issuance of writs, and attending mediation.
At all times, the Debtor was non-compliant and obstructive. Ultimately, the Plaintiff was
forced to domesticate the judgment in Texas State Court and appoint a Receiver which
receivership order was singed April 25, 2014. A true and correct copy of the receivership order
is attached hereto as Exhibit A and incorporated herein by reference. Pursuant to the
Receivership Order, the Court authorized the Receiver to retain a real estate broker and sell
non-exempt real property located at 1714 Driscoll St. The Receiver retained, Joanne Roamer,
of BHGRE Gary Greene, which Listing Agreement is attached hereto as Exhibit B. Pursuant to
APPENDIX A
A
Roamer’s analysis of the property value, it was listed for $495,000.00. Ms. Roamer began
marketing the property and it is currently under contract for a pending sale for $540,000.00.
See Residential Contract attached hereto as Exhibit C.
NATURE OF THE NEGOTIATIONS AND CONTRACT
Ms. Roarner received multiple offers for the property ranging from the asking price to
$525,000.00. The receiver requested proof of funds and asked the broker to request the best
and highest offer from all bidders. Four offers came in ranging from $525,000.00 to
$540,000.00 cash with proof of ftmds and minimal closing expenses for the seller. The
Receiver accepted the $540,000.00 and entered into the attached contract. This amount is the
highest price to date in the neighborhood for a home of the size sold. The lot will be used for a
new construction of a single family home.
Per the estimated preliminary HUD Statement, attached hereto as Exhibit D, the two
mortgages on the property will be paid off for a total of $191,564.67, amount based on
November 2013 figures. The title company and receiver are seeking cooperation from the
mortgage companies and debtor to obtain current payoffs and anticipate the payoffs to be slightly
less than in 2013. The real estate broker will be paid $32,400.00 Additional closing costs are
$145.99 and the prorated taxes are $6,679.46. The net to the Receiver will be approximately
$309,206.28. After the receiver’s fee of 25% pursuant to the receivership order, the Plaintiff
will receive approximately $231,904.71 toward the judgment. The Defendant previously
alleged that the property would yield a higher balance to the Plaintiff if sold at a constable’s sale.
Such fire sales are for bidders interested in paying, no more than, very small premiums above the
lien price and the receiver’s fee would still apply to any amount above the liens. Consequently,
a Constable’s sale would not yield a payment toward the judgment of over $200,000.00.
Plus, further marking of the property may become counter-productive as outstanding
mortgage payments would accrue on the property. The two mortgage companies are aware of
the sale and the second mortgage payment is currently not due until August 3. The first
mortgage payment was due July 1, but the mortgage company was made aware that they will be
paid at July 31 closing.
Wherefore premises considered, Receiver prays for the court to authorize the sale and
distribution of funds as stated above and for such other and further relief to which Receiver may
show herself entitled at law or in equity.
Respectfully submitted,
ROSS, BANKS, MAY, CRON & CAVIN P.C.
BY:
Eva S. Engelhart #007965l3
2 Riverway, Suite 700
Houston, Texas 77056-1918
713/626-1200 (PHONE)
713/623-6014 (FAX)
CERTIFICATE OF SERVICE
Ihereby certify that a true and correct copy of the foregoing document has been mailed to
the Defendant’s attorney of record, Joe Alfred Izen, Jr., on July 2014, Certified Mail No.
,
7002 2410 0001 9171 7071, Return Receipt Requested, addressed to 5222 Spruce St., Bellaire,
Texas 77401.
Eva S. Engelhart
8333-001/ESE
NO. 2013-67779
WILLIAM G WEST, IN THE DISTRICT COURT OF
AS CHAPTER 7 TRUSTEE OF
RICHARD DAVIS,
Plaintiff
VS. COJCOJEO!(0H'0H0>(-0)(0‘!<01¢01<0)
HARRIS COUNTY, TEXAS
PHILIPPE TANGUY, 13,500 AIR
EXPRESS, LLC, AND 13,500 AIR
EXPRESS, LP,
Defendants 270T" JUDICIAL DISTRICT
ORDER TO SELL PROPERTY AT l7l4 DRISCOLL ST.
Plaintiffs Motion To Sell Real Property at 1714 Driscoll St. having been presented, and it
appearing to the Court that this motion in all respects should be granted.
IT IS THEREFORE ORDERED:
l. The Received is authorized to sell the property at 1714 Driscoll St. per the contract
attached hereto as Exhibit C.
2. Any encumbrances filed/asserted against the property at 1714 Driscoll St. by
Philippe Tanguy, 13500 Air Express LLC, and 13,500 Air Express L.P. and/or any of their
agents, entities controlled by him, etc. are ordered void and/or released as a matter of law.
3. Philippe Tanguy is to instruct Nationstar and CitiBank mortgages to provide current
payoffs to the Receiver and her title company and cooperate fiilly with the Receiver and her title
company.
4. That a Receiver’s Deed for the property at 1714 Driscoll St., is a valid legal deed by
which good title is to be transferred at closing;
SIGNED this the day of , 2014.
Judge Presiding
APPROVED:
ROSS, BANKS, MAY, CRON & CAVIN, P.C.
BY:
Eva S. Engelhart #00796513
2 Riverway, Suite 700
Houston, TX 77056-1918
713/626-1200 (PHONE)
713/623-6014 (FAX)
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been mailed to
the Defendant’s attorney of record, Joe Alfred Izen, Jr., on July , 2014, Certified Mail No.
7002 2410 0001 9171 7071, Return Receipt Requested, addressed to 5222 Spruce St., Bellaire,
Texas 77401.
Eva S. Engelhart
é '
Filed 13 November 14 P3.27
Chris Dantel - Dlstrlct Clerk
Harris County
ED101J017821157
No 2013-67779 By: john scott
WILLIAM G WEST, § IN THE DISTRICT COURT OF
AS CHAPTER 7 TRUSTEE OF § ’
RICHARD DAVIS, §
Plamtrff §
§
vs § HARRIS COUNTY, TEXAS
§
PHILLPPE TANGUY, 13,500 AIR §
EXPRESS, LLC, AND 13,500 AIR § 270th JUDICIAL DISTRICT
5 EV X
EXPRESS, LP, § .
Defendants §
ORDER GRANTING TURNOVER AND APPOINTING RECEIVER AND MASTER
On thls day came on to be heard the ApplIcatIon for Turnover After Judgment And For
Appotntmcnt of Rccetver and Master of Platntlff-In-Judgment, WIllIam G West, as the chapter 7 trustee
of the estate of Rrchard DavIs, (“Applrcant”) Afler the Court's revrew of the papers herem on file and all
testtmony and evndence, became of the opInIon that Appltcant Is enutled to collect upon a final, valrd
and subsrstmg Judgment agamst Defendants-In-Judgment, PhIlIppe Tanguy, 13,500 AIr Express, LLC,
and l3,500 AIr Express, LP (“Respondents"), saId Judgment havmg been sxgned on March 30, 2010, In
the Unlted States Bankruptcy Court for the Southern DIstrIct of Texas, Houston, DIvIsIon (“Bankruptcy
Court”) There remaIns a total amount due and owtng under the Judgment In the sum of$l,2l4,27l 55,
plus postjudgment Interest accrumg at the apphcable federal rate of 42% from fourteen dates after th
date of entry of the Judgment
The Court finds that ApplIcant has a good faIth reason to belIeve that Respondents own property (54 )
Includmg present or future nghts to property, that cannot be attached or levted on by ordmary legal
process and whtch Is not exempt from attachment, executton, or setzure for the satIsfactIon of lIabIlItIes
The Court finds that Appltcant Is entttled to aId from thIs Court and It Is therefore, ORDERED,
ADJUDGED AND DECREED
l whose address Is 2 Rtvenzvay, SuIte 700, Houston, Texas
77056, phone (713) 626-I200 ext 4020 1S hereby appotnted ReceIver In thIs cause pursuant to the
Texas Turnover Statute to serve afier postmg bond In the sum of $100 00 and takmg the oath of office
wIth all the power and authonty to take possessIon of all non-exempt property of Respondents that Is In
the actual or construcIIve possessIon or control of Respondents, Includmg but not Itmtted to all cash,
accounts recewable (Includmg lease payments, notes recewable, promtssory notes, drafis and checks,
34655J8vl
monies on deposit in financial institutions, financial accounts (bank accounts) brokerage accounts,
certificate of deposits, money market accounts, accounts held by any third party, stocks, bonds, all
securities, all real property, deeds to real propeny, titles to automobiles or other vehicles, boats, planes,
all safety deposit boxes or vaults and the contents therein, monies received by the Respondents in the
form of checks, cash or credit card payments or receipts, any and all causes of action or chooses of
action, contract rights whether present or future, and all furniture, fixtures, equipment, supplies and
inventory, and all documents, books and records related to any of said property (including financial
records) that is in the actual or constructive possession or control of Respondents, and to pay the
proceeds to the Receiver to the extent required to satisfy the amount owed under the judgment and this
receivership Receiver is authorized by the Court to obtain a writ of possession for any non-exempt real
property of Respondents and to obtain credit reports, bank searches and other reports to aid in locating
nonexempt property Receiver may order any Consumer Reporting Agency, as defined by the Fair
Credit Reporting Act (“FCRA") Section 16 USC Section l68lb(f) to provide consumer reports on
Respondents and witnesses as allowed under FCRA Section 168lb(a)(l)
2 That Applicant is awarded against Respondents and Respondents shall pay to Applicant the
sum of $500 00 in additional attorney's fees,
3 That any constable, deputy constable, sheriff, deputy sheriff or any other peace officer is
hereby authorized to accompany Receiver pursuant to a writ to locations designated by Receiver where
Receiver believes Respondents’ assets may be located, said peace officers being hereby Ordered to
prevent any person(s) from interfering with the Receiver from carrying out any duty under this Order or
interfering with any property in control of the Receiver, or any property subject to this Order
4 The Receiver is hereby authorized to take all action necessary to gain access to all real
property, leased premises, storage facilities and safe deposit boxes wherein any real and/or personal
propeny of Respondents may be situated and to seize the contents thereof
5 That any person or any agent of any person, with actual notice ofthis Order is not to interfere
with any propeny in control of the Receiver or subject to this Order, and is further Ordered not to
interfere with the Receiver in the carrying out of any duty under this Order Third parties are hereby
notified that the Receiver, to the exclusion of the Respondents, IS the party entitled to possess, sell,
liquidate and otherwise deal with Respondents’ non-exempt real and personal propeny and once any
third party receives notice of this order, they may be subject to liability should they release any propeny
to Respondents unless directed by the Receiver or the court
J-16S538vl
6 ReceIver Is authonzed but not requIred to (a) dIsable or remove any non-exempt property
belongtng to the Respondents or 'to place the property Into storage (b) Insure any property taken Into her
possessIon, and (c) change the locks to premIses belongmg to the Respondents
7 That Respondents make a full and complete dtsclosure to the Recetver of all of Respondents‘
non-exempt assets and to netther dtrectly nor Indtrectly Interfere or Impede the Recetver In her
performance of her dunes under thIs Order
8 Recetver shall have the power to subpoena from Respondents, thIrd partIes and wttnesses
productIon of documents, thIngs and Infon-natton Includmg but not lImIted to matters concemmg the
exIstencc, locatton, and/or value of Respondents’ assets and Respondents’ locatIon
9. That It Is hereby ordered that Recetver pay herself as receIver's fees an amount equal to 25%
percent of all proceeds commg Into her possessIon (not to exceed 25% of the amount owed under the
Judgment and receIvershIp), whtch shall be taxed as costs agamst Respondents, whtch the court finds IS
faIr, reasonable and necessary fee for the Recetver, and whIch receIver’s fees are In addmon to the
amounts owed under the Judgment and thIs receIvershIp, and Is further dIrected and authonzed to pay
ApplIcant’s attorney as Trustee for the Appltcant the remaInIng 75% of all proceeds comtng Into
ReceIver's possessIon No receIver’s fee exceedtng 25% of all proceeds commg Into her possessIon shall
be paId to the ReceIver unless an applIcatIon Is filed wIth and ruled by thIs court wIth notIce and
opportumty for heanng granted for ApplIcant and Respondents All ReceIver's fees wIll be taxed as
costs agatnst the Respondents
10 That to the extent owed under the tumover and receIvcrshIp, Respondents turnover to the
ReceIver at ReceIver's address stated above, wIthIn ten (10) days of Respondents’ recetpt of a copy of
thts Order, all checks, cash, secuntIes (stocks and bonds), promIssory notes, documents of tItle and
contracts, and Is hereby Ordered to conttnue to turnover to the ReceIver at the ReceIver's address all of
satd checks, cash, securItIes (stocks and bonds), promIssory notes, documents of tItle and contracts
wIthIn three (3) days from Respondents‘ recetpt and possessIon of such property, If, as and when
Respondents become In recetpt and possessIon of any such property
I l That Respondents are Ordered to turnover and delIver custody to the Recewer wIthIn ten (10)
"A" attached
days from Respondents’ recetpt of a copy of thts Order, the documents descnbed In ExhIbIt
hereto, together wIth all other documents and records requested by the ReceIver
I2. SpecIal Master. The appoIntment of a SpecIal Master Is _]uS[lfi€d to and the Court In the
performance of specIf'Ic dutIes whIch a sIttIng court cannot undertake, lIke servtng wrIts, levytng on
property, travelmg throughout the state to locate and Inspect assets, deltvermg the property to sales lots,
J06S538vI
and advertising for and locating prospective buyers, among other tasks A master will conserve the
resources of the Court on post Judgment matters, including locating and liquidating property Since the
Court cannot order a witness to travel more than 150 miles, a master is needed to travel to interview
witnesses
13 Appointment of a master will result in the need for fewer hearings, lower attomeys' fees,
and will protect the economic interests of the Applicant and Respondents
14 A master is able to immediately issue orders, rather than incumng the delays required for the
opportunity to be heard in open coun Otherwise, property, evidence, and witnesses can easily
disappear before a hearing can be held
15 The Receiver shall be appointed Master in Chancery, to have the broadest powers allowed
by the rules Good cause exists to appoint a master The master should be familiar with post Judgment
enforcement and the Receiver is All uses of the terms “Receiver" and “Master,” include the other term,
as allowed by law
16 The Master's duties are limited to locating non-exempt assets and the records that detennine
the ownership of the assets, their value, and the liens against the assets, and reporting her findings to the
Coun lf approved, the Master‘s findings will be binding.
17. Other Special Orders"
18. Notice: An Order of the Court has been entered against you. You have the right to hire
an attorney to assist you in compliance with this Turnover Order.
/ .
20
Signed this day of ,
Judge Presiding
346S$]3vl
Approved
Porter Hedges LLP
/s/ Aaron} Power
Joshua W Wolfshohl
State Bar No. 24038592
Aaron] Power
State Bar No. 24058058
1000 Mam St 36"‘ Floor
,
Houston, Texas 77002
(713) 226-6000
(713)228-1331 (fax)
Attorneys for the Applicant
l46S538vI
EXHIBIT "A"
DOCUMENTS TO BE PRODUCED
l Provide true, correct and complete copies ofall personal and business federal income tax returns filed by or
prepared for Respondents for the current year and for the last three (3) years prior to the current year, together with all
schedules, attachments, W-2 foniis, I099 foniis and all similar federal income summary forms for the satiie years
2 Provide all statements, canceled checks and deposit slips for all checking accounts, savings accounts, credit
union accounts or other depository accounts, held either separately or Jointly, for the current calendar year and for the last
three (3) years prior to the current calendar year for all accounts in which Respondents‘ name is on the printed checks. in
which Respondents have an interest and/or in which Respondents have signatory authority
3 Provide true, correct and complete copies of all financial statements prepared by or on behalf of
Respondents within the last three (3) years, including but not limited to, all such statements presented to any financial
instinition and/or any other party for the purpose of guaranteeing, securing or attempting to secure a loan or financial
assistance of any kind
4 All booklets, current andlor annual statements and all other documents evidencing the nature and extent of
Respondents’ rights under any stock option plan, retirement plan, pension or profit sharing plan, employee stock ownership
plan, company savings plan, thrifl fund matching plan and all other similar plans prepared or received during the last three (3)
years
5 Provide the most recent statements, deposit confirmation slips, documents evidencing the balance, term and
interest rates foreach and every amount of money and assets in which Respondents have any interest, whether separately or
tointly, invested by or for the Respondents in any cash management funds, certificates ofdeposit, money market funds,
treasury bills, bonds, debentures or any other type investment and acquisition paying or promising to pay a return on
Respondents‘ monies invested during the current year and for the three (3) calendar years prior to the current year
6 Provide all certificates of stock and/or brokerage house statements evidencing all ownership and every
purchase, sale, assignment or transfer of stocks, bonds, debentures and/or other securities (whether in privately held or
publicly traded companies or institutions) owned by Respondents or in which Respondents have a beneficial interest
7 documents and records ofevery kind or character showing all business holdings, partnerships
Provide all
and any other business organizations of
(general, limited or otherwise), sole propnetorships, trust, corporations, joint ventures
every kind in which Respondents are a partner or has an interest and any and all assumed name certificates under which
Respondents have done or are doing business
8 Provide all policies ofinsurance active and terminated in the current year and two (2) calendar years prior
year whether life, health, auto, disability, homeowners, personalty or otherwise ofwhich Respondents are the
to the current
owner, beneficiary, insured, heir to the proceeds, beneficiary ofexisting or identified trust funded by insurance proceeds
9 Provide all deeds, deeds of trust, land installment contracts, contracts for deeds, syndications, real estate
investment trusts, partnership agreements, easements, rights of way, leases, rental agreements, documents involving mineral
interests, mortgages, notes and closing statements relating to all real property in which Respondents
now have or in which
Respondents had an interest during the last three (3) years
l0 Provide all certificates of title, current licenses, receipts, bills of sale and loan documents for all motor
vehicles and farm equipment, including but not limited to automobiles, inicks, motorcycles, recreational vehicles, boats,
trailers, airplanes and other motorized vehicles and equipment owned by Respondents or in
which Respondents have and had
any interest
I l trust of which Respondents are a trustee, j0l|'II tnistee, beneficiary, seiilor or tmstor which
For every
conveyed, transferred, assigned, created any options to purchase, or disposed of any interest in real propeny or personal
property in any manner during the last three (3) years, please ftimish documents evidencing the manner ofdisposition
and the
consideration received or to be received Also, furnish all documents showing all evaluations of Respondents‘ interest. share
ofprincipal and income and documents showing the principal and income allocated to Respondents whether or not
distributed during the last three (3) years
)46S538vl
I2 Produce all documents and records ofall safe deposit boxes maintained by Respondents and to which
Respondents have had access, or has a claim, right or interest in, including all lists ofall contents therein ldeniify the
location of all said safe deposit boxes
l3 Produce all documents constituting and/or describing all accounts receivable ofkespondents whether or not
collected Also provide all documents identifying all accounts receivables ofall ongoing businesses which Respondents own
and in which Respondents had and have an interest and it copy ofall collected, offset. credited, uncollected, discounted,
assigned, pledged and exchanged accounts receivables
14 lfany real estate in which Respondents or ifapplicable, Respondents‘ present spouse have an interest has
been appraised within the past three (3) years, furnish a copy of each appraisal
15 If any personal property in which Respondents or if applicable, Respondents‘ present spouse has an interest
has been appraised within the past three (3) years, furnish a copy ofeach appraisal
I6 lf an inventory or list of personal property has been made by Respondents or if applicable, Respondents’
present spouse within the past three (3) years, fumish a copy ofsuch inventory or list including all estimates ofvaluc placed
on each item
17 Produce all documents, notes, bills, statements and invoices evidencing all current indebtedness payable by
Respondents or paid offdunng the last three (3) years and all assignments ofpromissory notes made by Respondents during
the last three (3) years
18 Produce all lease agreements for personal property and real property executed by Respondents within the
years andlor which are currently in effect, whether as lessee, lessor, sublessee, sublessor, assignee or assignor,
last three (3)
including any mineral interest leases
l9 Produce all records ofall travelers checks, cashier's checks, money orders, drafi and draws purchased or
cashed within the last three (3) years
20 Provide the names. addresses and telephone numbers ofall organizations and persons within Respondents‘
knowledge who has or may have knowledge of the status of property in which Respondents have and had an interest, whether
being community or separate property, the liabilities of Respondents and/or the location and value of any assets of
Respondents lnclude banks, savings and loan associations, mongagees, merchants, credit providers, brokers, credit unions,
financial institutions, security dealers, people and organizations dealing with mineral interests who have received information
from Respondents regarding or including information about Respondents’ assets and assets in which Respondents have an
ll‘ll¢|’CSL, Respondents‘ income and Respondents‘ liabilities
21 Provide documents and all records which would indicate the cost basis of assets presently owned by
Respondents
22 Provide a copy of the current inventory and all past inventories, accounts receivable of all ongoing
businesses which Respondents own and in which Respondents had and hasvcan interest and a copy of all collected, offset,
credited, uncollected discounted, assigned, pledged and exchanged accounts receivable of all businesses owned by
Respondents and in which Respondents have and had an interest
23 Provide all contracts in which Respondents are a party or in which Respondents have or had a beneficial
interest,including but not limited to any earnest money contracts, construction contracts and sales agreements in which
Respondents are due a commission or other remuneration lfRespondents are presently under the terms ofany written
employment contract and/or agreement or is due any remuneration under any past contract or agreement, furnish a true copy
of said contract or agreement
24 Provide minute books, ledgers, corporate records and resolutions penaining to Respondents or penaining to
any corporation In which Respondents have an interest
3465538vl
25 Provide documents by which every gifl, bailment, loan, gratuitous holding assignment, sale, hypothecation,
discounted transfer, transfer into lock box payment and transfer of Respondents’ property during the last three (3) years,
including, but not limited to, all property described hereinabove and any other propeny of any nature
26 Provide documents and records ofevery kind and character showing all personal property in which
Respondents have and had an interest in the State of Texas, the United States of America or any other place
27 Provide copies of the Anicles of Incorporation, pannership agreements and assumed name records of all
companies, partnerships, corporations and proprietorships that have owners, employees. officers. directors, shareholders and
partners which are or were also owners or employees ofkespondents
28 Provide employment records or pay records to indicate every business for which Respondents were
employed, provided services, was an independent contractor, general contractor, superintendent, agent or subcontractor
during the last three (3) years
29 To the extent not already produced in response to the foregoing, produce the following property, documents
and records which Respondents own or have an interest all checks, cash, securities (stocks and bonds), promissory notes,
deeds, deeds of trust, documents of title, contracts, accounts receivable, escrow agreements, retainage agreements, records
and all documents that identify all property in which Respondents have an interest and that which is collateral or security for
any obligation or contingent obligation of Respondents, along with all documents indicating any Interest of the Respondents
in rental agreements, royalty agreements, licenses, bailment agreements, filings pursuant to the Uniform Commercial Code,
security agreements, assignments, all filed or recorded liens, lis pendens, lawsuits, recorded Mechanics and Maicria|men's
Lien Affidavits, Judgments, abstracts, partnership agreements, employment agreements, as well as all documents indicating
Respondents’ present and prospective heirship, beneficial interest In trusts, beneficial interest in insurance policies and
insurance coverage and right to any insurance policy's cash surrender value or ownership
l465S38vl
LISTING AGREEMENT
l. This agreement is made by and between Eva Engelhart, in her capacity as Receiver and
Master of Plaintiff-in Judgment, William G. West, as the chapter 7 trustee of the estate of
Richard Davis, Case # 2013-67779, 270"‘ District Court, Harris County, Texas,
hereinafter referred to as “Seller” and Joanne Roemer of Better Homes and Gardens Real
Estate (BHGRE Gary Greene), hereinafter referred to as “Realtor”, pursuant
Gary Greene
to Court Order dated May 30, 2014.
In consideration of the services to be performed by Joanne Roemer, hereinafter called
Realtor, l hereby authorize the listing of the following property for sale by her as the
exclusive agent for a period of June 17, 2014- September 30, 2014. Realtor agrees to use
her best efforts to obtain a buyer for said property.
. Property Address: LT 14 BLK 72 HYDE PARK MAIN SEC 6, Hyde Park Court, Harris
County, Texas, commonly known as 1714 Driscoll St., Houston, Texas 77019.
A. Improvements: The house, garage and all other fixtures and improvements attached
to the above-described real property, including without limitation, the following
permanently installed and built-in items, if any: all equipment and appliances,
valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic
fans, mail boxes, television antennas and satellite dish system and equipment, mounts
and brackets for televisions and speakers, heating and air-conditioning units, secinity
and fire detection equipment, wiring, plumbing and lighting fixtures, chandeliers,
water softener system, kitchen equipment, garage door openers, cleaning equipment,
shmbbery, landscaping, outdoor cooking equipment, and all other property owned by
Seller and attached to the above—described real property.
B. Accessories: The following described related accessories, if any: widow air
conditioning units, stove, fireplace screens, curtains and rods, blinds, window shades,
draperies and rods, door keys, mailbox keys, above-ground pool, swimming pool
equipment and maintenance accessories, artificial fireplace logs, and controls for; (i)
satellite dish systems, (ii) garage doors, (iii) entry gates, and (iv) other improvements
and accessories.
Listing Price: $495 000.00. Any and
sale is subject to court approval. All closing costs
fees (except Broker’s fee) are to be paid by Buyer. Taxes shall be prorated to the date of
closing and be deducted by escrow agent at closing and paid. All other sums are to be
paid to the Receiver. Any expenses incurred by Realtor in connection with the sale shall
be at her cost.
5. Special conditions:
A. Conveyance is to be made by Special Warranty Deed. Seller will convey such interest
as she has by virtue of her position as Receiver.
B. Sale is WITH ALL FAULTS” SELLER AND REALTOR MAKE NO
“AS IS,
REPRESENTATIONS OR WARRANTIES AS TO THE PROPERTY, ITS
CONDITION, ITS TITLE OR ITS SUITABILITY FOR ANY PURPOSE. BUYER
IS ADVISED TO SATISFY HIMSELF AS TO THE PROPERTY, ITS CONDITION
AND SUITABILITY.
6. Rea1tor’s Fees: Seller agrees to pay Realtor a commission of 6% of the gross sales price.
Realtor’s fee shall be paid by seller pursuant to Court order dated 5/30/14. No fee shall
be earned unless there has been a closing on the sale of the property. Should the Court
not approve said fee or find a lesser fee proper, then that fee approved by the Court, if
any, shall be the agreed fee to be paid to Realtor.
7. Notices: all notices shall be in writing and effective when delivered. Notices to Realtor
shallbe to Joanne Roemer, 17250 El Camino Real, Houston, Texas 77058, Phone 281-
486-1900, Fax 281-486-9201. Notice to Seller: Eva Engelhart, Receiver for Philippe
Tanguy, Ross, Banks, May, Cron & Cavin, 2 Riverway, Suite 700, Houston, Texas
77056, Phone 713-626-1200, Fax 713-623-6014.
8. This listing agreement contains the entire agreement between the parties and may not be
changed except by written agreement, approved by the Court.
Dated this day of ,
2014.
Realtor: Joanne Roemer
BHGRE Gary Greene
Eva Engelhart in her capacity 832%/er for Philippe Tanguy
Docusign Envelope ID: EBCAE6EE-9BAE~4B27-883A-83BC757B1037
PROMULGATED BY THE TEXAS REAL ESTATE
COMMISSION (TREC)
#251014
.;'n’.‘.'?’..%‘$
ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE)
NOTICE: Not For Use For Condominium Transactions
PARTIES: The Eva zngelhax.-t:,court
1.
(Seller) and
parties to this contract are
Croix (mecca Horus
gointed , Receiver
seller agrees to sell and convey (Buyer).
to Buyer and Buyer agrees to buy from seller the Property defined
below.
2. PROPERTY: The land, improvements and accessories are collectively
referred to as the “Property”.
A.LAND: Lot 14 Block 72 Hyde Park Main Sec 6
Addition. City of fiouggon County of Ba: '
Texas, known as
.
1714 Driscoll st. 77019
(address/zip code), or as described on attached
exhibit.
B. IMPROVEMENTS: The house. garage
and all other tlxtures and improvements attached to the
above-described real property, including without
limitation, the following permanently
and built-in items. if any: all equipment and installed
appliances, valances, screens, shutters,
awnings,
and brackets
for televisions and speakers. heating
and air~conditioning units. security and fire
detection equipment, wiring. plumbing and
lighting fixtures, chandeliers. water
kitchen equipment. garage door openers. softener system,
cleaning equipment, shnibbery, landscaping,
cooking equipment, and all other property owned outdoor
by Seller and attached to the above described
real property.
0. ACCESSORIES: The following described
related accessories, it any: window air
stove. fireplace screens, curtains and rods, blinds. conditioning units.
window shades, draperies and rods. door keys.
mailbox keys, above ground pool, swimming
pool equipment and maintenance accessories.
artificial fireplace logs, and controls for:
(i) garage doors. (ii) entry gates, and (iii) other
improvements and accessories.
D. EXCLUSIONS: The toilowing improvements
and accessories will be retained by Seller and must
be removed prior to delivery of possession:
3. SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing
8. Sum of all financing described below (excluding any loan funding , , , , _ , _ _ _ _ _ _ _ _ _ , 5 540 ,ooo oo .
lee or mortgage insurance premium)
0. Sales Price (Sum otA and B) .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$ .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..$ 540 O00 00
FINANCING (Not
.
use with reverse mortgage financing): The
,
4. tor
portion of Sales Price not
payable in cash will be paid as follows:(Check applicable boxes below)
[I A. THIRD PARTY FINANCING: One or more third party mortgage loans in the total
amount of
s Nil. (excluding any loan funding fee or mortgage insurance
premium).
(1) Property Approval: it the Property does not satisfy the lenders‘ underwriting
requirements for
the loan(s) (including, but not limited to appraisal, insurability
and lender required repairs),
Buyer may terminate this contract by giving notice to Seller prior to
closing and the earnest
money will be refunded to Buyer.
(2) Credit Approval: (Check one box only)
[j (a) This contract is subject to Buyer being approved for the financing described in the attached
Third Party Financing Addendum tor Credit Approval.
[X] (b) This contract is not subject to Buyer being approved for linancing
and does not involve FHA
or VA financing.
[:1 B. ASSUMPTION: The assumption oi the unpaid principal balance oi one or more promissory notes
described in the attached TREC Loan Assumption Addendum.
[1 C, SELLER FINANCING: A promissory note from Buyer to Seller of $ Nflt secured by
vendors and deed of and containing the terms and conditions described in the attached
trust liens,
.
TREC Seller Financing Addendum. if an owner policy oi title
insurance is furnished, Buyer shall
lumish Seller with a mortgagee policy of titlgmsurance.
a I I
TAR 1601 initialed for identification by Buyer L4'_l’_ and Seiler_; THEC NO. 20-12
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Docusign Envelope ID: EBCAE6EE-98AE~4B27-883A-833075731037
1714 Driscoll St.
Contract Concerning
Houston. TX 77019 Page 2 oi 9 4-28-2014
(Address at Property)
5. EARNEST MONEY: Unon execution cl _this contract
S
a
§4________j
400 00
ent, at
as earnest money with
.
2000 Berin Dr. Ste 1000 Hon
by all parties, Buyer shall deposit
Texas American Title as escrow
11 TX .
s all deposit additional earnest money ot $
dgys
atter the effective date of this contract. _,__:_____.______
(address), Buyer
Buyer to
with escrow agent within
required by s contract, Buyer will be in default.
It fails deposit the earnest money as
6. TITLE POLICY AND SURVEY:
A.TlTLE POLICY: Seller shall
or title
furnish
to Buyer at Seller's
insurance (Title Policy) issued by Texas American Titlgy U
B er's e xp e an Owner me l‘
Company) In the amount of the Sales Price, dated at or alter p(9|”:x%
iosslunder the provisions of the Title Policy. subject to closing, insuring Buyer a ainst
existing building and zoning ordinances) and the promulgated exclusions (inc?uding
the following exceptions:
(1) Restrictive covenants common to the platted subdivision in which
(2 The standard printed exception tor standby
the Property is located.
fees, taxes and assessmems.
(3 Liens created as part oi the financing described
in Paragraph 4.
(4) Utflity easements rxeated by the dedication
deed or plat of the subdivision in which the
Property is located.
(5) Reservations or exceptions otherwise pennitted
by Buyer in writing. by this contract or as may be approved
(6) The standard printed exception as to marital rights.
(7) The standard printed exception as to waters. tidelmds,
matters. beaches. streams, and related
(8) The standard printed exception as to discrepancies, contlicts,
encroachments or protrusions. or overtapping improvements:
lines,
shortages in area or boundary
amended ordelete trom the titl policy;
at the expense oi Buyer [5 Seller.
E (i)
(ii) will be amended to read, “shortages
will not be
in area"
B. COMMITMENT: Within 20 days after the
Title Company receives a copy of
Seller shall iumish to Buyer a commitment for this contract,
title insurance
expense. legible copies of restrictive covenants and documents (Commitment) and, at Buyer's
Commitment (Exception Documents) other than the standard evidencing exceptions in the
authorizes the Title Company to deiiver the Commitment printed exceptions.
at Buyer's address shown in Paragraph 21. It
and Exception Documents to Buyer
the Commitment and Exception Documents are
not delivered to Buyer within the specified time,
the time tor delivery will be automatically
extended up to 15 days or 3 days betore the Closing
Date. whichever is earlier. it, due to
laclors beyond Seller's control, the Commitment
and Exception Documents are not delivered
within the time required, Buyer may terminate this
contract and the earnest money will be
refunded to Buyer.
C. SURVEY: The survey must be made by a registered
prolessional land surveyor acceptable to
the Title Company and Buyers lender(s). (Check one box
only)
C) (1) Within days after the effective date oi this contract, Seller shall iumish to
and Title Company Seller's existing survey oi the Property Buyer
Attidavit promulgated by the Texas Department at
and a Residential Real Property
Insurance (T-47 Aflidavit). it Seller
tails to turnish the existing survey or etfidevit
within the time prescribed, Bu er
shall obtain a new survey at Seller's expense no later
than 3 days prior to Clos ng
Date. ll the existing survey or affidavit is not acceptable to
lender(s), Buyer shall obtain a new survey at
days prior to Closing Date.
Seller's U D
File Company or Buyers
Buyer's expense no later than 3
(2) Within 15 days atter the eflective date of this contract. Buyer shall obtain a new
survey at Buyer's expense. Buyer is deemed to receive the survey
on the date ol actual
D
receipt or
the date specified in this paragraph, whichever is earlier.
(3) Within days after the etlective date at this contract, Seller. at Seller's expense
a new survey to Buyer.
shall turnish
D. OBJECTIONS: Buyer may object in writing to
defects, exceptions. or encumbrances to title:
disclosed on the surve other than Items 6A(1) through above; disclosed in the
Commitment other than terns 6A(1) through (8) above: or which prohibit the following use
or activity: OXIS tion of on New sin la amil Rome
Buyer must object the earlier of (i) the Closing Date or (ii)
the Commitment, Excep tion Documents, and the survey. ____5_____
days after Buyer receives
time allowed will constitute a waiver oi Buyer's right to object;
Buyefs failure to object within the
except that the requirements
in Schedule C of the Commitment are not waived
by Buyer. Provided Seller is not obligated
to incur any expense, Seller shall cure
tg: timely objections of Buyer or any third party lender
#6
’-’
TAR Sellerfi
.
1601 initialed tor identification by Buyer and TREC NO. 20-12
Produced with zipi=ume by xi"pLog‘ot more fifteen Mile Fined. Fraser. Michigan caozs mmmmzm rm Drixaill si
Docusign Envelope lD: EBCAE6EE-98AE~4B27~883A-8380757B1037
1714 Dziscoll St.
ContracIC°ncernln9 Houston. mx 77019 Pagesots 4-25-2014
(Addressowroparty)
within 15 days
alter Seller receives the objections
necessary. it objections are not cured within such
and the Closing Date will be extended as
and the earnest money will be refunded to Buyer unless 15 day period, this contract will terminate
Buyer waives the objections.
E. TITLE NOTICES:
promptly reviewed by an attorney of Buyers choice
rrghtto object.
due to the time limitations on Buyers
MEMBERSHIP
(2
to
IN PROPERTY OWNERS ASSOC|ATlON(S): The
mandatory membership in a property owners Property Cl is is not subject E
to mandatory membership in a property owners essociationls). It the Property is subject
asscciation(s), Seller notifies Buyer under
§5.0t2, Texas _Property Code, that, as a
community identified in Paragraph 2A in which purchaser oi property in the residential
to be a member of the property the Property is located. you are obligated
owners
the use and occupancy ol the Propeny aSSOCla1lOl'Ie(?. Restrictive covenants governing
and all d icatory instruments governing the
establishment, maintenance, and operation or this
residential community have been or will
be recorded in the Real Property Records of the county in which the Property is located.
Copies of the restrictive covenants and dedicatory
instrument may be obtained lrom the
county clerk. You are obligated t a assess em: to the
the assessments is subject to change. Your
ro ert own rs
to pay the assessments cou failure
result in enforcement of the association's
and the foreclosure of the Propem lien on
Section 207.003, Property Code, entities an owner
governs the establishment. maintenance, or operation receive copies oi any document that
to
of a subdivision, inclucfing, but not
limited to, restrictions. bylaws, rules and
regulations, and a resale certificate from a
property owners’ association. A resale certificate contains
lnlorrnation including, but not
limited to, statements specifying the amount and
irequency of regular assessments and
the style and cause number ct lawsuits to which the
property owners‘ association is a
party, other than lawsuits relating to unpaid ad valorem
taxes of an Individual member or
the association. These documents must be made
available to you by the property owners‘
association or the association's agent on your request.
it Buyer is concerned about these matters, the TREC promulgated
Property Subject to Mandatory Membership in a Property Addendum for
should be used. Owners Associatlon(s)
(3) STATUTORY TAX DlSTRlCTS: it the Property is situated in a utility or other statutorily
created cfislrict providing water. sewer, drainage. or llood control
facilities and services,
Chapter 49, Texas Water Code, requires Seller to deliver and
notice relating to the tax rate, bonded indebtedness, or
Buyer to sign the statutory
final
standby fee of the district prior to
execution oi this contract.
(4 TIDE WATERS: It the Property abuts the tidally iniluenced waters ol the
Texas Natural Resources Code, requires a notice regarding coastal state, §33.135,
included in the contract. An addendum containing the notice
area property to be
required by the parties
promulgated by TREC or
must be used.
(5) ANNEXATION: It the Property is located outside the limits of a municipality, Seller notifies
Buyer under 55.011. Texas Property Code, that the Property may now or later be included
in the extraterritorial jurisdiction ot a municipality and may now or later
annaration by the
be subject to
municipality. Each municipality maintains a map that depicts
boundaries and extralerritorial jurisdiction. To determine if the
its
Property is located ‘within a
municipality's extraterritorial jurisdiction or is likely to be located
within a municipality's
extraterrltorial jurisdiction, contact all municipalities located If! the
general proximity of
the Property tor further information.
(6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILXTY SERVICE
PROVIDER: Notice required by §13.257, Water Code: The real
Paragraph 2, that you are about to purchase may be located in aproperty, described in
certificated water or
sewer service area, which is authorized by law to provide water or sewer
service to the
properties in the certificated area. It your property is located in
may be special costs or charges that you will be required to pay a belore
certificated area there
you can receive
water or sewer service. There may be a period required to
construct lines or other
lacilities necessary to provide water or sewer service to
your property. You are advised to
determine if the property is in a certificated area and contact the
utility service provider
to determine the cost that you will be required to
pay and the period, it _any, that is
required to provide water or sewer service to
your property. The undersigned Buyer
hereby acknowledges receipt of the loregoin notice at or ‘before the
execution of a
/
binding contract tor the purchase cgsthe re property described in Paragraph 2 or at
closing of purchase oi the real prop ‘fig.
,
"”° Al
TAR mac NO. 20-12
_
1601 initialed tor identification by Buyer
\.....__
and Seller E’/‘(V
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Docusigrr Envelope ID: EBCAEGEE-SBAE-4827-883A-838675781037
Contract Concerning
1714 Dxiscoll st.
Houston ox 77019
(Address of Property) P3ge4°(9 4,25.-2014
(8) TRANSFER FEES: If the Property is subject to a private transfer reé obligation.
§s.2o5,
it the Property is located in a propane gas
system service area owned by a distribution
written notice as required by §141.010. system retailer, Seller must give Buyer
the notice approved by TREC or required Texas Utilities Code. An addendum
containing
by the parties should be used.
7. PROPERTY CONDlTl0N:
A. ACCESS, lNSPECTlONS AND UTILITIES: Seller shall permit Buyer and Buyer's
to the Property at reasonable times. Buyer agents access
may have the ProJ>er1y inspected
selected by Buyer and licensed
by TREC or otherwise permltte by law to makeby inspectors
Seller at Sellers expense shall inspections.
keep the utilities on during the time immediately cause existing militias to be turned on and
this contract is in effect. shall
B. SELLERS DISCLOSURE NOTlCE PURSUANT TO 55.008,
(Check one box only) TEXAS PROPERTY CODE (Notice):
(‘lg Buyer has received
the Notice.
(2 Buyer has not received the Notice.
Within days after the effective date of this
contract,
Seller shall deliver the Notice to
Buyer. li Buyer does not receive the
Buyer may terminate this contract at Notice.
any time prior to the closing and the earnest money
D SELLERS
whichever
The (3)
occurs, and the earnest money
Seller
not required
DISCLOSURE
first
is
be refunded Buyer.
to furnish the notice
under
will
Texas Progeny Code. the
to
C. OF LEAD-BASED PAlNT AND LEAD- ASEO PAINT HAZARDS
required by Federal law for a residential dwelling constructed prior to 1978. is
D. ACCEPTANCE OF PROPERTY CONDlTlON: ‘As Is‘ means the present
with any and condition of the Property
detects and without warranty except for the
all
warranties in this contract. Buyer‘: agreernem warranties oi title and the
to accept the Property As is under
7D(1) or (2) does not preclude Buyer from inspecting Paragraph
the Property under Paragraph 7A. lrom
negotiating repairs or treatments in a
subsequent amendment, or from temtinating this
contract during the Option Period. it any.
(Check one box only)
E (1) Buyer accepts the Property As Is.
D (2) Buyer accepts the Properly As is provided Seller.
the lollowing specific repairs and treatments:
at Seller's expense, shall complete the
(Do not insert general phrases. such as ‘subject to inspections‘ that do not identify
specific repairs and treatments.)
E. LENDER FtEQUlRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither
party is obligated to pay lor lender required
repairs, which includes treatment for
destroying insects. ll the panies do not agree to ‘wood
treatments, this contract wil terminate and the earnest pay tor the lender required repairs or
the cost oi lender required repairs and treatments
money will be refunded to Buyer. it
exceeds 5% of the Sales Price, Buyer may
terminate this contract and the earnest money will be
F. COMPLETION OF FlEPAlRS_
shall complete all agreed repairs and trea' ents
refunded to Buyer.
AND TREATMENTS: U les otherwise agre d In writing:
/’
prio to the Closing Do a; and (lit a
._
_
_
tr) Seller
/
.,
~
.
permits’ must bejobtained, required
it repairs a
j, ,
treatments be
_
who are
V
_lJ/ licensed to provide such I pairs or he_ ments or. ii no
thus! performed by perso
license is required y law, are
comrgyercially ehgaged in the trade of
electibn. any /tiansferable Marranties r‘
vicling och repairs (or’ treatmentsf \.At Buyer's
ved by
l
ler with re ect to
treat‘ nts will’ Ele transler,'ed the repairs and
’ \‘to Buyer at Buyers ex nse. S ler fails to complete any
ll‘
agrde repai and treatments (prior to the Closing te’ Buyer rn
1?
, ;_
/~C,‘(0L'~\
Paragraph or extend ye Closing D te u to 5 ays exercise’ remedies under
" necess tor Seller to complete the
i
( .
repcirs and treatments. ~
03.‘ EN IRONMENTAL MATTERS:
‘ ‘
41,1, Buyer is advised that the presence of wetlands, toxic
41 _
-I
including asbestos and wastes or substances.
environmental hazards. or the presence at a
/
l
threatened or endangered species 1 habllat may aflect Buyer‘s intended use
/ /TREC
ol the
,
/R
T 1601 initialed for identification by Buyer
two,
and Seller «Z34 L NO. _20-12
M
Produced wan zlpFomIO by zipLogix 18070 Rnnn Mile Road. '7“
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D5 Fmer. uldvignn 46026 S1
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Docusign Envelope ID: EBCAEGEE-SBAE-4B27~883A-838C757B1037
Contract Concerning
1714 Driscoll St.
Houston. TX 77019
(Address ol Property) Page 5 ol 9 4-28-2014
Property. If Buyer is concerned
about these matters, an addendum promulgated by TREC
required by the parties should be used. or
.
FiESlDENTlAL _
not exceeding $ It the cost of the residential
residemial
service contract for the Buyer should review any
Purchase ot a residential service scope of coverage, exclusions a rid limitations. The
.
purchased from various companies contract is optional. Similar
authorized to do business in Texas. coverage may be
8. BROKERS’ FEES: All obligations of the
separate written agreements. parties for payment of brokers‘
lees are contained in
9. CLOSING:
A. Theclosing ofthe salewillbe
on orbetore Jul 31
days after objections made under P
is later (Closing
raph 6D have been a
Date). If either party fails to close
the sale
defaulting party may exercise the remedies contained in Paragraph
8 . cosing: 15.
(1)Seller shall execute and deliver
to Buyer and showing no
a
additional exceptions to
turnish lax statements or certificates
showing no delinque
(2) Buyer shall pay the Sales Price in
good lunds acceptable
(3) Sellerand Buyer shall execute and deliver
atfidavits, releases. loan documents any notices, statements, certificates,
closing of the sale and the issuance
and other documents reasonably
of the Title Policy. required for the
(4) There will be no liens, assessments,
or security interests against the
not be satisfied out ol the sales Property which will
assumed by Buyer and assumed loans proceeds unless securing the payment
will not be in default.
ot any loans
(5) it the Property is subject to a residential
defined under §92.102. Property lease. Seller shall transfer security
Code), it any. to Buyer. In such an event. deposits (as
deliver to the tenant a signed Buyer shall
statement acknowledging that the
security deposit and is responsible for Buyer has received the
the return of the security deposit.
the exact dollar amount of the security
deposit.
and specitying
10. POSSESSION:
A. Buyer's Possession: Seiler shall
deliver to Buyer possession oi the
required condition, Prope in its present or
ordinary wear and tear excepted:
according to a temporary residential E] upon casing and funding
lease fonn promulgated by TFIEC or
lease required by the parties Any other written
ClD’~3ll1g which is not
possession by Buyer pn'or to closing or
euthonzed by a written lease will establish by Seller alter
relationship between the parties a tenancy
Consult your insurance agent prior to at suiterance
ownership and possession because clian e at
terminated. The absence of a written insurance coverage may be limited or
lease or appropriate insurance
expose the parties to economic loss. coverage may
8. Leases:
(1)Atter the Effective Date. Seller me not
execute any lease (including but not
mineral leases) or convey any interest in limited to
the Property without Buyer's written
(2) It the Property is subject to any lease consent.
to which Seller is a Seller
Buyer copies ol the lease(s) and any move—ln party. shall deliver to
condition torm signed by the tenant
within 7 days alter the Eflective Date of the
contract.
11. SPECIAL PROVISIONS: (Insert
only factual statements and business
the sale. TREC rules prohibit licensees details applicable to
from adding
which a contract addendum. lease or other form
has been
use.) This contract is sub‘
court-., Harris county Texas.
12. SETTLEMEN_T AND OTHER EXPENSES:
A. The tollowing expenses must be gold at or prior to closing: . V
(1) Expenses payable by Seller ( eller‘s Expenses):
(a) Releases ol existing liens. ‘including
prepayment penalties and recording lees;
/; ¢/releese of Seller's loan liability; tax statements
or certificates;
_ _
iii «I/'
1
'- '
nd other exP enses payable by Seller under this F reparation oi deed;
(D) Seller shall also pay an amoum not to exceed contract.
'
$ N
__
to be applied in the
TAR 1601 initialed lor identification by Buyer
Pmduond with 1EoFormO by zloLonl'x 18070 Fmoen Mile Flow.
and TREC NO. 20-12
Fruw. Mlchloui 48026 .m:«.1hLm*z»_m
1714 oriwoiisi
Docusign Envelope ID: EBCAE6EE-98AE—4B27-883A-8380757B1037
1714 Dxiscoll St.
Contract Concerning
Houggon TX 7'l0;g
,
Page 6 of 9 428-2014
(Address of Property)
following Buyers Brpenses which
order:
VA, Texas Veterans Land Board or other Buyer
is prohibited from
paying by FHA,
other Buyer's Bcpenses as allowed
governmental loan programs, and then to
by the tender.
(2) Expenses payable by Buyer (Buyer's
Expenses): Appraisal lees; loan application
adiusted origination charges; credit reports; fees;
on the notes from date of cfisbursement preparation of loan documents; interest
to one month prior to dates of first
payments; recording lees; copies of easements and month
endorsements required by lender; loan—related restrictions; loan title policy wig
inspection fees; photos: amortization
schedules; one—hali of escrow fee; all prepaid
items, including required premiums for
flood_ and hazard Insurance, reserve
deposits tor Insurance, ad valorem taxes
special govemmental assessments: final compliance and
inspection; underwriting fee; wire transfer inspection; courier lee; repair
fee; expenses Incident to any toen;
Mortgage insurance Premium (PMI). VA Loan Funding Private
Prem um (MIP) as required by the lender; and other Fee, or FHA Mortgage Insurance
this contract.
expenses payable by Buyer under
8. If any expense exceeds an amount
expressly stated in this contract for such expense
be paid by a party, that party may terminate this contract to
unless the other party agrees to
pay such excess. Buyer may not pay charges and less
Texas Veterans Land Board or other governmental loan program expressly prohibited by FHA, VA,
regulations.
13.PRORATl0NS: Taxes lor the current year, interest, maintenance
and rents will be prorated through the Closing Date. The lees. assessments, dues
taking into consideration any change in tax proration may be calculated
exemptions that will affect the current year's taxes.
if taxes for the current year vary from the amount
prorated at closing, the parties shall
adjust the prorelions when tax statements for
the current year are available. if taxes
paid at or prior to closing, Buyer shall pay taxes for are not
thelcunent year. ,-
14. CASUALTY LOSS: it -._any part of the'\,Property’ '
is damaged or destroyed
~
casua_lty'\atter the effective date at this, by tire/or other
contract. Seller shall restore tl-is Property to
previous condition as soon as reasonablyxpossible, but its
in ,any event by the Closing
"Setter tails‘-_to do so due. to factors Date. ll
bey‘o_nd,/Seller's control. Buyer may ‘(a)
contract and the earnestrnoney will
be _.*refunded to
perfonnance up to 15 days ‘and the Closing tpate will be e nded
c< (b) extari_d_'the time for
‘-
3
.lerminate this
Ans as necessary or (c) accept
MC ~
the,’Property in‘ its damaged ‘condition with ap assignment ~~
insurance proceeds and receive
~j
credit lrom Seller at closing in the amounttot the deductible
Seller's obligations under this ‘paragraph are
under the insurance policy.
tndependerlt of ‘any other Iobligations of seller
underthis contract.“ '
\-. 5 ‘s’
15. DEFAULT: ll Buyer
comply with this contract, Buyer will be in default, and Seller
tails to
(a) enforce specific perlormance, seek such other reliel as may
or (b) terminate this contract and receive the earnest
may be provided by law, or both,
releasing both parties irom this contract. if Seller tails to
money as liquidated damages, thereby
be in detault and Buyer may (a) enlorce specific performance, comply with this contract, Seller will
be provided by law, or both, or (b) terminate this contract and seek such other relief as may
receive the earnest money,
thereby releasing both parties irom this contract.
16. MEDIATION: It is the policy of the State of
Texas to encourage
through alternative dispute resolution procedures such as mediation. resolution of disputes
Seller and Buyer related to this contract which is not Any dispute between
resolved through lnlcrmal discussion
will be submitted to a mutually acceptable
mediation service or provider. The parties to the
mediation shall bear the mediation costs equally. This paragraph
does not preclude a party
from seeking equitable relief from a court of competent jurisdiction.
17. ATTORNEYS FEES: A Buyer.’, Seller, Listlry Broker; Oth,e'rI Broker,
I.
§_3‘r esrow
I
agent/{who
prevails in any, legal
,-
prooeedin“ related ‘-to this cp\ntract/is\\entitled‘,
to re ver reasonable
1a.
attorney's fees and all coslsvof such proceeding}
éscnow: - ‘
f
L“?
;v:
~4
'
.
wt ,_
~*‘\’J~J¢g
..,”~,,._‘\~'
¢’*‘~"¥
~‘=4 ,\ ti
_
A, ESCROW: The escrow
~
i!
agent is not (i) a party to this contract a d {does not have liability
for the performance or nonpertormance of
any party to this contract, (ii) nable for interest
on the earnest money and (iii) liable for the loss of any earnest
failure of any financial institution In which the earnest
money caused by the
money has been deposited unless
the tinancial institution is acting as escrow agent.
B. EXPENSES: At closing, the earnest money must be applied ‘
first to any cash down
payment, then to Buyers Ex nses and any excess refunded to
Buyer. If no closing
occurs, escrow a ent may: (iferequire a written release of liability
of the escrow agent
from all parties, ii) require payment of unpaid expenses incurred
and (iii) only deduct lrom the earnest money the amount of unpaid on behalf of a party,
behall of the party receiving the earnest money.
expenses incurred on
0. DEMAND: U on termination of this contract, either party or the escrow agent may send
a release o earnest money to eayfiparty and the parties shall execute counterparts of
TAR HM’
mmmm
1601 lnltlaled forldentltlcatlon by Buyer and
Seller__!Z;/LV_(f
swam with zlpFon1vo by zlpLoglx mom nnemtianars-as-. Minhloan tam TREC N0- 20"?
ma on-anus-
Docusign Envelope lD: EBCAE6EE»98AE-4B27~883A-838C757B1037
1714 Driscoll St.
Contract Concerning Houston TX 77019 Page 7 of 9 425-2014
(Address or Property)
unpaid expenses incurred on behalf of the party receiving
the earnest money and escrow
agent may pay the same to the creditors. If escrow agent
this paragraph. each party hereby releases
complies with the provisions of
escrow agent from all adverse claims related to
the disbursal of the earnest money.
D. DAMAGES: Any. party who wrongtully fails or refuses
to sign release acceptable to a the
~
suit.
NOTICE_S: Escrow agents notices will be effective when sent in compliance
E.
with Paragraph
{votice of objection to __t(l,1e
:;e”- dgrnapd will be deemed eflective upon receipt by escrow
z- ii»-L. '/«V /rt: Q.-2 '-dd?:1/:=.7).-',-~:;?;1-C.cra.;w__4.
19. REFfHE$EhTATl0l~lS: ‘All ucovenantsl réjprlékéentatiorfsugéandi
.
v6arranliesI _‘J'l'l.~I contract‘! sltrtr’/e
~
i_s
closing. ‘ti any representation
Seller in this ocntra'_ct»’is\’gntrue on-‘the Closing‘
of
Date. 3?-ztler
will be in_- default. Unless expressly \RD[Ol’IIblled
by wrgitterii/agrfemet Seller‘-.may continue to
show the Property and receive, negotiate and acceptbackup diners. '—~—' '..v f«._ /’
20.FEDE}?AL R.EGUlREt-{iENTS: li_‘SelIer is a ‘foreign person." as defined
’t‘-AX
law or Seller fails to deliver an altidavit to Buyer that Seller IS not a "foreign
if
by applicable
person,“ then
Buyer shall withheld from the sales proceeds an amount sufficient to
tax law and deliver the same ‘to the lntemal Revenue $ervice
comply with applicable
‘together with appropriate tax
forms. lntemal Revenue _Service regulations require filing written
reports it currency in
excess of specified amounts is received in the transaction.
21. NOTICES: All notices from one party to the other must be in
writing and are effective when
mailed to. hand-delivered at, or transmitted by facsimile or electronic
transmission as
lollows:
To Buyer at: Croix custdzr. Homes To seller at; Eva Enge1.h.=.:t,Couz-t A22
Receive:
Telephone: (713) 569-5835 Telephone: (7131 626-1200
Facsimile: 1713) 802-1629 Facsimile: (713) 623-6014
E.mai|: mcroixecroixhomes com . E.i-nail; eengelharterossbanks com .
22. AGREEMENT OF PARTIES: This contract contains the entire agreement
panics and of the
cannot be changed except by their written agreement. Addenda which are a part of this
contract are (Check ail applicable boxes):
[I Third Party Financing Addendum tor Credit El Environmental Assessment. Threatened or
Approval Endangered Species and Wetlands
[3 Seller financing Addendum Add9"d”'“
D Addendum C] Seller's Temporary Residential Lease
A
Property Subject
U 3”" 53” Add°’‘d”"‘
_
for to
Mandatory Membership a Property in
Owners Association C] Addendum for Property Located seaward
Loan Assumption Addendum information on Lead-based Paint and Lead
D Addendum Sale Other Property by
tor of
based Paint Hazards as Required by
Federal Law
Buyer
D Addendum Reservationfor Gas of Oil, DA d i P
S§1§,:'},,‘§2,v‘}§e §\°,‘;§”"
'
In a P mpane G as
and Other Minerals
1:]Addendum loi "Back—Up" Contract D °"‘°’ ‘"50-
El Addendum ior Coastal Area Property
flns. K»
~'71
.
TAR
'
ll/L(,
1601 initialed for identification by Buyer and Seller 1 TREC NO. 20-12
Produced wtih xi'pFomi® by zipuagix 18070 fifteen Mil: Food. Fnur. Michigan 443025
_umg.z1nLngi;._gm H14 Drhculi st
Docusign Envelope ID: EBCAESEE-98AE-4827-883A _ 815807578103 7
11714 Dziscoll St.
Contractcnncerning
Hougton, TX 77019
(Address oi Property) Pageaots 4.23.2014
23. TERMINATION OPTION: For nominal
acknowledged by Seller, and Buyers consideration. the receipt of which is
agreement to pay Selle! S N A hereby
within 3 days after the effective date of (Option Fee)
this contract, Selier
terminate this contract by giving notice Buyer the unrestricted right to
effective date of this contract
of tenninatlon to Seller witgtrlants
(Option Period). II no dollar amount
'n
NA days after the
Ii Buyer tails to
pay the Option Fee to Seller within the time is state; as the O tian Fee or
prescnped, this
ad; however.
not be credited to
strict compliance with the time ior performance is required.
24 . CONSULT AN ATTORNEY BEFORE SIGNING: TFIEC
giving legal advise. READ THIS rutes prohiblt reat estate licensees
CONTRACT CAREFULLY. from
Buyefs
Sellers
Attorney is:
_____;____________ Attorney is:
;______j__________
Telephone:
Facsimile:
_______}__;__ Facsimile:
__________.__.._____
E-mail:
_ E-mailf
_____;____;_j._
EXECUTED the da of 5/ 2°/ 2°14
2a
I
(BROKER: FILL IN THE DATE F FINAL ACCEPTANCE.) , (F_FFECTi){§,DA=i’E).
/
2.‘,/’
~
.
_
DoI:uS|gned by: ,,
flute / //
It
.-/
Om)» "
_
/"
agy_e{u£5fi;,;§E;g;;:am Homes Seller Eva En_¢e1ha.rt,Ccur‘.'. Appointed
Buyer
~ I./L .-‘,1 '-_-
~
Selier Receiver .”'
bun Ema
Em
True Iurrn of this contact hasapproved by the Team Real comrnksion. THEC Inrms we
-mugs, '
rm
d:1
totneleatvasdiiyoladoquuyoianypmvisiunlnlny intundedber-It!‘:1yum”|°rIladMr:rdd;tflflw
Is
2.2. Cerrrnisgtion. Po. Box 12155.
t§'£’s.'§‘?..5.‘.‘.‘"?;.‘iI'. all.‘
rx 7em.21ae. {5t2) 996¢00O (hmJMwu.huc.taxas.ouv|
TFIEC NO. 20-12 This form replaces TREC NO. 2911.
TAR 1601
Pmauocd unn zIpForrn® by ziputplx 15070 Finn» Mile Road.
TREC NO. 20—12
Fraser. Mid-igan 48026 4-mLzid.4zaIx.9t7.'tz I11lDrI.woISl
oocusign Envelope ID: EBCAE6EE-98AE-4B27-883A-835C757B1037
APPROVED BY THE TEXAS REAL ESTATE COMMISSION
10-10-11
ADDENDUM FOR SELLERS DISCLOSURE OF INFORMATION
':’.“.m..'“ ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS
AS REOUlRED BY FEDERAL LAW
CONCERNING THE PFIOPERTV AT 1714 D:-iscoll St. Houston
(Swot Address and city)
A. LEAD WARNING STATEMENT: ‘Every purchaser ot any interest in
residential real property on which a
resideritiai dwelling was 1978 is notified that such property may present
built prior to
based paint that may place young children at risk of exposure to lead lrom lead-
developing lead poisoning. Lead poisoning in
may produce permanent neurological damage, including teaming young children
behavioral problems, and Impaired memory. Lead disabilities, reduced Intelligence quotient.
poisoning also poses a particular risk to pregnam
woman. The
prior to purchase.“
NOTlCE: inspector rnu.st be property certified as required
8. SELLER‘S DISCLOSURE: by federal law.
1. PRESENCE OF LEAD-BASED PAINT
AND/OR LEAD-BASED PAlNT HAZARDS (check one box only):
[3 (a) Known lead-based paint and/or load-based paint hazards are present in the Property (explain):
0:) Seller has no actual knowledge of lead-based pain‘. andlor
lead-based paint hazards in the Propeny.
2. RECORDS AND REPORTS AVAiLABLE TO SELLER (check one box
D (a) seller
only):
has provided the purchaser with all available records and
and/or lead—based paint hazards in the Property (list
reports pertaining to lead-based paint
documents):
Q (b) Seller
Property.
has no reports or records pertaining to lead-based paint andlor lead-based paint
hazards in the
C. BUYER'S RIGHTS (check one box only):
El 1. Buyer waives the opportunity
to conduct a risk assessment or inspection of the
lead-based paint or lead-based paint hazards‘ Property lor the presence oi
)3 2. Within ten days alter the effective date oi this contract, Buyer may have the Property
selected by Buyer. inspected by inspectors
lead-based paint or lead-based paint hazards are present,
Buyer may terminate this
ii
contract by giving Seller written notice within 14 days otter the
eiiective date ol this contract, and the earnest
money will be relunded to Buyer‘
. YER'S ACKNOWLEDGMENT (check applicable boxes):
1. Buyer has received copies at all iniormation listed above.
Buyer has received the pamphlet Protect Your Family from Lead in Your Home.
.
KEFtS' ACKNOWLEDGMENT: Brokers have informed seller ot Seller's
obligations under 42 U.S.C. 4852d to:
(a) provide Buyer with the lederaily approved pamphlet on lead
poisoning
addendum: (c) disclose any known lead-based pain‘! and/or lead-based paint hazardsprevention; (b) complete this
in the Property; (<1) deliver all
records and reports to Buyer pertaining to iead—bascd paint and/or lead~basad
paint hazards in the Property: (e)
provide Buyer 2: period oi up to 10 days to have the Property inspected; and
(t) retain a completed copy of this
addendum lor at least 3 years following the sale. Brokers are aware of their responsibility to ensure compliance.
F. CERTIFICATION OF ACCURACY: The tollowing persons
mm.
have reviewed the Intorrnationfibove and certity. to the
best oi their knowledge, that the information they have provided is true and
accura
_»
4
Ducuslgncd by:
r’
‘
,
u Date Sel_ier’f.»
~—-/
Date
Cro‘§E>|:3D%:Er.5:Fs1%:‘r;;E"Home:
Eva Enge1'ba:t.,Couzt: Appointed
Buyer Dale Seller Date
Receive:
other Broker 05“? Usfinfl B"°k9' Date
Patricia Dajani Joanna Roemnr
The tom: or this Iddandirrn has been approved by the Texas Real Brat: Comrniulon tor use only with approved or promtloalod
sirnlhrty
toms oi contracts. Such noorovd reintax to this aantraoi torm only. TREC terms are intended for use only
No representation is mad: as to the legal vdldity or adequacy at any provishn in any spediic trlnuotione.by is not real estate .
imtacfions Texas Real Estate Commission. EC. Box 12188, Austin. TX 7E7! I-ZIBB, 512-9353000 (rttt;1Mww.ueoIoxu.9ov)Ilihbli tor oompcx
It
(TAR-1906) 10-10-11 TREC NO- ON-
Huzz‘ cum. 3', A.rui'n5o!Jcui:uu3n1tbusu-.1'x77tm fltwu:2‘ll.4¥.l9W F uiuanot
Ibpnnelncfcir
Kfifimdm &,fl,|.fl,fl
-
i7i4Dat-mils l
Prpduod WWI Icfvrrwb/xtploix INTOFKIIMH flood. Fnur.
Docusign Envelope ID: EBCAEGEE-98AE-4827-883A-838C757B1037
Qt
'6
TEXAS Assocumou OF REALTORS®
SELLER‘S DISCLOSURE NOTICE
O‘I’uumo(S|tiunolREl|.TO%,I\:.flll
Notice lo a buyer on or bclore the effective date of
a contract. This form complies with and
exceed the minimum disclosures required contains additional disclosums which
by the Code.
CONCERNING THE PROPERTY AT 1714 Driscoll St.
Houston, -xx 77019
DATE SIGNED BY SELLER AND IS NOT A SUBSTITUTE FOR ANY
MAY WISH TO OBTAIN. IT lS NOT A WARRANTY or ANY KIND BY INSPECTIONS OR WARRANTIES THE BUYER
AGENT. SELLER. SELLERS AGENTS, on ANY omen
Seller Cl is D is not occupying the Property.” unoccupied
U (by Seller), how long since Seller has occupied the
or ‘Rrtever occupied the Property
,,:J’,.i
P rope ny?
Section 1. The Property has the below: (Mark Yes (Y), No (N), or Unknown
ltet-ns’r'narl‘wnltP[Ii1=wtIM7UWbm|0¢Ro|d.Fruw.MchlgunlB&I
an umsmt l7llDr'uull51
ugmu.ni_m-n
Docusign Envelope ID: EBCAE6EE~98AE-4B27-B83A»838C757B1037
Concerninalhe Property at 1714 Dziscoll St.
rx 77019
-Houston.
water supply provided by: Clcity \
Was the Property built
CI well DM D00-op nknown gamer;
before 1978? Dyes
[3 no unknown
(It yes. complete. sign. and attach TAR-1906 conoeming lead-based
R°°' TYP9 5
palm hazards).
A991
(approximate)
Are you (Seller) aware at
any of the items listed In this Section 1 that are not in working condition,
need at repair? Dyes that have defects. or are
Elna It yes, describe (attach additional sheets if
necessary):
____________
Section 2 Are you (Seller) aware of any detects or
malfunctions In any
aware and Na (N) it you are not aware.) of the tollowing?: (Mark Yes (Y) if you are
Item Y N ltem Y
Basement Item
Floors Y
Ceilings Sidewalks
Foundation / Slab(s)
Doors Walls I Fences
interior Walls
DFWEWBYS Windows
U WW9 Fixtures Other Structural Components
Electrical Systems
Plumbing Systems
ixterior Walls Roof
It the answer to any of the items in Section 2 is yes, explain (attach additio sheets
l If necessary):
Section 3. Are you (Seller) aware 0! any of the following conditions:
you are not aware.) (Mark Yes (Y) if you are aware and No (N) it
Condition
mum Condition
Asbestos Co Fo
nents
sed rees: oak t
S abitat on
Fault nes
Radon '
or exit: aste
D t
W
l
ubsurtace Structure or its
nlermitlent or
e anks
aim or Lead-
nr
Encroachments onto the Pr
Urea~lorma|de Insulation
ements on
Located in 100-
in
on F‘
Present Rat
ns.
Active termites or other
it as attach TAR-1414
destro insects
t tructures
Previous treatment lor or
onto the
Loca or r
District
P
ermite or
of ne ain
T ‘
(TAR-1406) 01~Dt-14 2/ ;l—-’
'
lnltlaled by:
Promised with zIpFwrv-8 by zpugtx 15070
Buyer: .____ and Seller:__/__~__,____ Page 2 ot 5
Flltetn Mlle Head. Fmcr. Michigan 4BD2e
17|4 Dam]; 3;
Docusign Envelope ID: EBCAEGEE-98AE—4B27-883A-83SC757B1037
Concerning the Property at 1714 Dsiscoll St.
Houston, rx 77019
It the answer to any of the items in Section 3 is yes, explain (attach additional sheets if necessary):
‘A single blockabie main
drain may cause a suction entrapment hazard for an individual.
section (Seller) aware of any item, 4, Are you
which has not been previously disclosed in equipment, or system in or on the Property that is In need of repair,
this notice? Clyes qua if
necessary): yes, explain (attach additional sheets it
Section 5. Are you (Seller) aware of any of
the following (Mark Yes (Y)
you are aware. Mark No
ii
not aware.) it
(N) if you are
D [[1 Room additions. structural modifications, or other
alterations or repairs made
in compliance with building codes without necessary permits or not
i
in effect at the time.
D Homeowners‘ associations or maintenance fees or assessments. yes, complete the following:
Cf Name of association: if
Manager's name:
Fees or assessments are:
$___;__ Phone:
I
I:
per and are: ljmandatory El voluntary
Any unpaid fees or assessment for Property? Dyes ($
the
Ifthe Property is in more than one ) [1 no
association, provide information about the
attach information to this notice. other associations below or
[3 Any common area (facilities such as pools. tennis
courts. walkways, or other) co-owned in
with others. if yes, complete the following: undivided interest
Any optional user lees for common facilities charged?
[3 yes Ci no if yes. describe:
:1 Any notices of violations of deed restrictions or governmental orcfinances affecting the condition or
Property. use ol the
E] Any lawsuits or other legal proceedings directly or
indirectly affecting the Property.
to: divorce, foreclosure, heirship, (Includes, but is not limited
bankruptcy. and taxes.)
0 Any death on the Property except for those deaths caused
by: natural causes. suicide, or accident unrelated
the condition of the Property. to
Ci Any condition on the Property which materially affects the health or
"--iE;'i-—.i;‘i___,__CI_D.—l;i~——B-——-Ei————A—
safety of an individual.
Cl Any repairs or treatments, other than routine maintenance, made
to the Property to remediate
hazards such as asbestos. radon, lead-based paint, environmental
urea-formaldehyde, or mold.
if yes, attach any
certificates or other documentation identifying
the extent of the remediation (for example,
certificate of mold remediation or other remecfiation).
Cl Any rainwater harvesting system located on the
property that is larger than 500 gallons and that uses a
public water supply as an auxiliary water source
1:: The Property is located in a propane gas system service area owned
by a propane
W
retailer. distribution system
/ /
(TAR-1406) 01-01-14 Initiated by: Buyer: fizz and Seller: "
,
Page 3 of 5
mwgmmm
V
imo sum Mlle ma, Freur. war-loan 48026
,
Produced with zipFal'I'I|O byzivtovix
rm Driscoil st
DocuSign Envelope ID: EBCAESEE-98AE-4B27-883A-83BC757B1037
Conceming the Property at
1714 Dz-tscoll St.
Houston, rx 77919
It the answer to any of the items in Section 5 is yes. explain (attach additional sheets It necessary): ___._________
Section 6. Seller [1 has [3 has not attached a
survey ot the Property.
section Within the last 4 years, have you
7.
(Seller) received any written
regularly provide inspectionsand who are either licensed as inspectors or inspection reports trom persons who
inspections? yes D
no 0
yes. attach copies and complete the following:
I.‘
othenrrise permitted bylaw to perform
in Date T Name of r
~ Note: A buyer should not rely on the above—cited
reports as a rellectlcn of the current condition
Property, A buyer should obtain inspections from
inspectors chosen by the buyer.
of the
Section 3. Check any tax exemption(s) which you (Seller) currently
claim for the Property:
Homestead
Ci
Cl Wrldlite Management
[j Senior Citizen D Disabled
[3 Agricultural [1 Disabled Veteran
Cl Other:
§\Unknown
Section 8. Have (Seller) ever a claim damage
tsu tiled for to the Property with any insurance
provider? Dyes no
Section 10. Have you (Setter) ever received proceeds
for a claim for damage to the Property
insurance claim or a settlement or amrard in a legal (for example, an
proceeding) and not used the proceeds to make the
which the claim was made? yes qno D
If yes. explain:
repairs for
Section 11. Does the property have working smoke detector
E unknown accordance with the smoke detector
installed in
requirements of Chapter 765 of the Health and Safety Code?‘
El noCl yes. it no or unknown, explain.
(Attach additional sheets it necessary):
‘Chapter 766 ol the Health and Safety Code requires
one-family or two-family dwelfings to have working
smoke detectors Installed in accordance with the requirements of
the building code in effect in the area in
which the dwelling is located, including pertonnance, location, and
power source requirements. It you do not
know the building code requirements in ellecl In your area, you may check
unknown above or contact your
local building official for more inlorrnation.
A buyer may require a seller to install smoke detectors lor the hearing impaired
at the buyers family who will reside in the dwelling is
if: (1
) the buyer or a member
hearing-Impaired; (2) the buyer gives the seller written
evidence of the hearing impairment from a licensed physician: and
(3) within 10 days alter the effective date.
the buyer makes a written request lor the seller to install
smoke detectors lor the hearing-impaired and
specifies the locations for installation. The parties may agree
who will bear the cast of installing the smoke
detectors and which brand of smoke detectors to install
D5 /
5
'\-v//i’/
(TAR-1406) 01-01-14 initiated by: Buyenfid’ . and Seller: 5
Page 4 ol 5
Produced with zipForrIIObyzhl.ogix teoro Fmeen vine Road, Fraser.
vacunm-M8026 mm£p.i.mi.x.a2n 1714 Dnsool] St
Docusign Envelope ID: EBCAE6EE-SBAE-4B27-883A-83BC757B1037
Concerning the Property at 1'I14.Dzisco11 St.
Houston . am: 77019
Seller acknowledges that the statements
in this notice are true to the
broker(s), has instructed onjnfluenced Seller best of Seller's beliel that no person, including the
to provide inaccurate information
or to
//Q»
information.
/
"
2/.716»,//\—/'
Signature at Seller /I/L DEE Signature orserter
<2/ W//1'
Printed
(
t ogre
Printed Name: ;_e.LeR
c v r. _ _ __
ADDITIONAL NOTICES TO BUYER:
(1) The Texas Department of Public Salety maintains a
database that the public may search, at no
registered sex offenders are located in cost. to determine if
certain zip code areas. To search
For lnlorrnation concemlng past criminal the database, visit wvvw.txgg§.§tgl§1x.us
activity in cenain areas or .
neighborhoods, contact the local police
(2) It the property is located in a coastal area that is seaward oi the Gull Iniracoastal Waterway or within
1.000 leel ol the
(3) ll you are basing your offers on square
lootage, measurements. or boundaries.
independently measured to verify any reported you should have those items
information.
(4) The tollowing providers currently provide service to the
property:
Electric:
phone #:
Sewer:
Water:
phone #1 _.___j_}______;___Z_
phone #2 ___j___j_;___,_:_?____
Cable:
Trash:
Phone #1 __&.j____j____
Natural
phone #: __.____.___________
phone #5
Phone
Propane:
phone #2 _;__._________._..
phone #2 .j.__.__.___._._..___
(5) This Seller's Disclosure Notice was completed
by Seller as ol the date signed. The brokers have relied on this
as true and correct and have no reason to believe it to be notice
false or inaccurate. YOU ARE ENCOURAGED TO HAVE
AN INSPECTOR OF YOUR CHOICE INSPECT THE PROPERTY.
The undersigned Buyer acknowledges receipt of the loregoing notice.
nocuslgn-d by:
ML,’ (fig), 6/20/2014
Sighawmrfisflfléfiirs... Date Signature of Buyer
Printed Name: Croix custom Homes Date
Printed Name: ____________;.______
(TAR-1406) 01 -or -14
Page 5 oi 5
PrndtIcudwtrhzlpForn0byzipt.og':K 13070 Firuanuue
noaa,Fxuer.Mimlg=n48026 uuzlnlnnn i7l4 Driscoll St
A. scnunnnt smumm us. Dupunnum .1 Manning OM! Anpvrml No. 150241255
and um». Dovllopmem
B. Typo nl Lam
,_ I I,“ 1' I 1
“S H 'cm_ WM 5. File Number 7. Loan Numbln a. uannaas Ins-mm cm Number
4.! IVA 5.1 ]Conv. |ns. .,.,,."_m,
C. NOTE. This lblm II lumlshod Io flivi you I Slllllfllrll oi lmlll senlcmonl Guilt. Amount: nlid In Ind V! "M Illlltlnllll men! In shown. Iluns mltitd
D.M1nu and Adams: at nonuum
cnolx cuswu HOMES. Im:.. A TEXAS
'(v.u.c.)'mun plld main: :1! tn: cnaungz may no snow-I
E. Mama and Adults: 91 5
EVA ENGELHART. RECEIVER.
mm
~
Ior lufummlonil vurposas an nu lnclwuu In ma (olns. me
7. Nun um Aadnn or um:
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20137770. 21o1H JUDICIAL
P.o. aox 152377 DISTRICY. NARRIS COUNTV. YEXAS
THE woooLANDs. TX 7730:
5. rmpony Locltlon )4. semumm Anni
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APPENDIX TAB B
APPENDIX TAB B
Amended Order to Sell Property at 1714
Third Amended 1714 Driscoll Street
8333-001/ESE
NO. 2013-67779
WILLIAM G WEST, IN THE DISTRICT COURT OF
AS CHAPTER 7 TRUSTEE OF
RICHARD DAVIS,
Plaintiff
VS. (03¢@¢0>¢0>¢0N0-HJHOD¢0l¢0>¢0!
HARRIS COUNTY, TEXAS
PHILIPPE TANGUY, 13,500 AIR
EXPRESS, LLC, AND 13,500 AIR
EXPRESS, LP,
Defendants 270"‘ JUDICIAL DISTRICT
THIRD AMENDED ORDER TO SELL PROPERTY AT 1714 DRISCOLL ST.‘
Plaintiffs Motion To Sell Real Property at 1714 Driscoll St. having been presented, and it
appearing to the Court that this motion in all respects should be granted.
IT IS THEREFORE ORDERED:
I. The Received is authorized to sell the property at 1714 Driscoll St. per the contract
_ 3Ew9l*_=d1°_‘h°_')4P£‘°P_£“dE?'°F9°§E’9“3‘£ _A ‘L ,_,
Any =.-- rances, filed/asserted again
3. Philippe Tanguy is to instruct Nationstar and CitiBank mortgages to provide current
payoffs to the Receiver and her title company and cooperate fully with the Receiver and her title
company.
That a Receiver’s Deed for the property at 1714 Driscoll a valid legal deed by
W;
4. St., is
which good title is to be transferred at closing;
SIGNED this the I 0 day of
APPENDIX B
APPROVED:
ROSS, BANKS, MAY, CRON & CAVIN, P.C.
BY:
Eva s. Engelhan #oo?9ss1’3
2 Riven»/ay', Suite 700
Houston, TX 77056-1918
713/626-1200 (PHONE)
713/623-6014 (FAX)
-
1/912014 3:00:59 PM
chm
mm
'
Daniel - District Clerk
°" 9"”, ,9.' ggm;fi.aua.4ez1.ea3A-eaacroraroav
::vn:?oc°'Nng171171e
By: names, SASI-IAGAYE s
gl:.'!..e..P'
PnoMuLeA1Eo av ‘me TEXAS near. esrrrre
ooumssrou rrr-rec)
ONE TO FOUR FAMILY RESIDENTIAL CONTRACT
m -
1° I ‘
(RESALE)
NOTICE: Nel For Use For Condominium Treneeclions
1- PARTIES: The names to this contract
(sel1erland_ czelx canton iionoe
Seller agrees Io sell end convey (away),
to Buyer and Buyer ogrees Io buy irom seller
below the Property defined
2. PROPERTY: The land. improvements and oooeeeeriee
are collectively reierrod to as the 'Fropeny'.
A.LAND: Lot 10 Block
Addiion. Oily oi P o
Texas. known as
“Ella! Oourily oi _y_g§_$,L ,
(eddrasarzlp code). or as described on oiieohed
exhlbii.
B. IMPHOVEMENTS: The house.
garage and oil other iinuree and improvements
above-described reel properly. including onoohed lo the
wlihorri iimlielion. ihe Iuiimlng
and bulii—ln llama. II any: oil oouipmeni ‘permonenily inelalied
and appliances, volorroee. screens.
welI~io-wail oupellno. mlrrore. ehuilero, evrnlnge,
ceiling ions. arlic lone. mail
and brackeio ior ieievielons and boxes. leievleion eniennee, mounts
epeeium. hearing and eir-conditioning uniie.
doieolion equipment. wiring. plumiairru oeeuriiy end lire
and iiphiinp llxluree. chendeiiere. vroier
idieherr equipment. garage door eohoner eyeiem.
oprrnere. cleaning equlpmlnl,
cooldng oquipmnnl. end all oiher ohrubbery. iondeoeplrip. ouidoor
properly owned by Seller and ellached
ruinrcvanv. lo lire shove deouibed
c. ACCESSORIES: The ioiiowinp dosabed related eooesooriee.
ii any: window
eiove. fireplace screens. cunaine and air conditioning units.
rods. binds. vrindovr shades. droperies and
mailbox keys. above ground pool, rode. door koyo.
ewimrning pool equlpmonl and
{
orliiiciei nrepioco ioev. end melnlenence eeoeosorloe,
conirole lot: (I) porego doors.
(II) entry puree. end
improvemenie and accessories. (iii) other
D. BIOLUSIONS: The ioilowing improvements and accessories
be removed prior io delivery ei possession:
will he rolnlned by seller and must
1 3Ai.ES PRICE:
,, ‘ ‘
~ ~~
"
3. sum oi oi! financing deocrioed below (exchrdlrig eny loan lundinp
ioeormongepeIneunInoepromium).. .
C. Sa.lesFrlce(SuI1IoiAendB)...............
4. FINANCING (Nol ior use will: reverse morlyoge
financing): The porllon oi Selee
payable in cosh will he paid as ioilowe: (check Prbe not
D A. THIRD PARTY FINANCING: One or
eppilcable boxes below)
s
(1)
eza________
Properly Approval: Ihe
more
loxdudina any
third pony morigage loans
loan lundfne ice or monoaee insurance
premium).
in line roioi ornouni oi
ii Properiy does rial eelisiy lire lenders’ undorwriiing
the |oan(e) (including. bul noi llmlied requiremanie lor
lo appraisal. Ineurebiiily end lender
Buyer may ierrnlnole ihio eenireci by giving notice required repairs).
lo aoiiur prior In closing and ihe
money will be reiunded lo Buyer. eemooi
(2) Oredil Approval: (check one ear: only)
D (a) This contract lo eubieoi io Buyer being
Third Party financing Addendum ior
approved ior Ihe ilnancing described in me arieehed
Q or VA iinencinp.
Gredli Approval
re) 1111: eonireei le noi subject to Buyer being
approved ior Ilnancinu and does noi involve FHA
D B. ASSUMPTION: The aeeumpilen Ihe unpaid oi
balance oi one or more promissory nom
prlneipei
described the eiulcired TREC Loan Aeeumpliorr
D vendors FINANCING: A promissory nole lrom Euyor seller S uLa_____j_ secured
In
Addendum.
C. SELLER
TREG
and deed oi Iruei Ilene. mud oorrielning ihe
sole! Financing Addendum. Ii an owner
mm and condition described
lo
oi
oi .
In Ihe eliodrod
by
poiioy title insurance is iurnlerrad. Buyer ehnil
iurnioh seller wirh o rnorigageo policy oi ilgiwysmunee.
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§‘:':'.‘3uaa.
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B.
$ELLEH°':.%|g‘Cg.:B’UFlE NOTICE PURSUANT TO 55.003. TBMS PROPERTY
CODE M0900):
E ha
'
Iho Noiuo.
Buys; an}: no:
Ivad the Nail . wflhfn
comma. sure: '33:: delve! ma°§ouce d Inn: in efloalvc
no'§‘uyT'11 é°u'§er doe:
ma tetmlnnlathlaeontnclalarcyflutopdarlolhootoshn
of 191!
raeelvadsstz Nate: gm
be mxmdad to Buyhr. I! scan daflvon ma Indlhaoarneatmwoy
Nolloa Bufior may terminate this
in: any mason within
days after Buys! the
wine! memo
m""‘“e.n‘°'
mice or print an the olnslm.
9? 3'8 DISGLOSU
Zi‘."§.‘1°"“'.%':.'.'a'?."':.‘.’..°.r;':{'a'n‘.‘."’..:u'?!.u"L“:§’m'."r“.“x:3‘§.E”"'c.u.
OF LEAD-BASED PAINT AND LEAD-gxgfin PA'!N1’
taqulrodby Fedamllnwloramldnnual HAZARDS In
W
D. dwaIIlngeonstrucladpcloIlo1e78.
‘As If mean: the uni eordlum of me P
— ,
H?
A 9,,
Bll7Dl’l‘lnYallifilf'
A: In undu Paragraph
.
or (2) does _;-not ilbca
$1! Ifrdlldfl Buyer from
mung? Fiona;
tm
mN aswung,”
~
ml: Prism” A‘:
Ih?I'(z'IlcmrvnI°‘"P:I:2ocIl°1a
a
urgfnlrgyufi
Is dud sen u ' at scum “pm” . I hall mm lulu an
not ';
W“
sum:
-
p w
~
~
~
.
..v u .-.u:». .
E. LENDER REOUIHEIIDMEEFAIRS Al)lD TREATMENTS‘
»- ~ Unfasa oihlmisa and In mam:
Ms: ..:..°W
em:
-°
em. ..=:.-v§'.°.:.
as "=2
Irulm W1 W!
a y
~.2:=~....*~=:::‘;'-9.7
mpmnfig and women! money will be Mundad to
I
out o'! lendearafaugglflred
1
nealmunls wounds 5% oi the Salas -Piles. . II
mutrnono wfllbaretund Bwgwmny
I
Seller
a.
nqulmd
.
usla :
-~
who an
unit or. no aw, In
to -
~ ~~~ 8%
use. -'
I!
any
~
mm
:> .
.. .. ::
~
-.
aahntoa and MA11'Efis:BuyubaMaodflwhm§flaunooo1wwuda.m:dauhmncn.
unwound or endannaradwanes a nvlru
ngbnnm humus. 0r mmpnunou
spades, «mm al I
__
~ ~
B lnicndod use of Inc
1 lnIIlalod1orldanIl!lootEoubyBuyor
fiflnmfltbkwwflunfln mnnmnuumnramluwunu No 20-12
"uh-an
ooaaslotuznvazcpouauzncneeesoane-4&7-aoaA.eaac7s1a1oa1
111.4 pagan st-..
.
PIWIOIO 4-28-2014
“aim than tnauem. an addendum
pmmulgaed by THEO at
ya
I-LI-IESIDENTIAL SERVIGE OONIMGTS:
mw Wild
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'2.-
doalnn'!or 1"}-"wad
°°'"'°:;v'.n..5;=;.*§...“:,
mm:-w
comma! In: In: mm bopnaialmumdmm
o
B uyetshwrotewowfiuz
cowngn may no
2
Bf
do wanna
.‘:'...'v.:.°:L‘:°.:P.".:.'...7.$:'.'.'..»......‘°"”.‘.'%‘;.
Inform.
:2
ohllgallmu of the parties fa
payment oi brokers‘ me are contained In
GI
A.ThododnuolIhna!awflbaonoIha!an
4-» ,2 ummr
32
58%
E
_party may oxordu me In
execute and deliver I
and allow: no
ueonhlnadlnmagrapbi
eueupflwnn lo
:1
thgu pl
at!
P"
1,, /KL~o-A’
We
3... ._ 2::
fa Lou/6*
iv no
In "38".:.."'."”""....
mlaauosonmaho INV-
:5 mhooccrow
«diva my wnm
123
nolleoa. amemanls.
vouonab!y_ mqumd fnrthe
P wlfich win
any loam
W0. gage» 3h5|llnU:|:,f|9Ym‘8C
uyat.
M.
. ‘‘'’°.'.“‘..!.;''.;
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m_;':..., ....:::, =..w..::.,. ..
N dinning: Iomdeuyuzagoungnlon cl: In 01
$0fl$Nflfl‘!B8Hlfl‘|lH 1801! arfipflw I; "£1,308!
U %F’”
MVP0ssos:lcng..B:i1%ar1ocloshI9,‘n1by"SellIrane1'
I vnfllen
lnturlneo nun: prtor to :0!
‘nu a sum
bcgauen‘ Itynguurranoo
cover: 3 who
M
(urrnlnalad.
gpoaathoplrllulo oennumlolon
of a trnlnn lam 0|’ appraprlug lnalgraneo
0|’
3 . nu:
coverage may
°-*~
w
mnmmmmhflym. anylaauh Swab
m::?.~:.a."*:.,.=:'.:=:':°
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mm tudud sun
W
movain
. shalldollvarto
‘
no
1 enplan::ml:nEflmu(n‘)m:n;i”:uy
1.8PEcIAL PROVISIONS
condition the «man:
(lna
«'.:.:'=~..*,:::=.-;. ~.a::...%.~*.
6 hutfn I
dawn applicable to
r..:"s.,'s.:.;~::.;°°.'".:“;‘..#’"~”~'~"::£~”n2."a:;-,:'. '~
on.) glut: caucus: so nhjaoe
court. lnszia county rescue. he the um.v.f"'o":“:"'§ao 2”-You. puma
u 2ETILEMENYAND OTHER ENSEB
‘flwfoilowlng
exponent mums
~~
(I) Expenses puyahtabysoflot
gtarprlulododnnz
slim’: mun):
- "Mm" m‘ man my
~ML
"°'w?.‘:';”.» °é.u%.‘*“'?..’?....
9:‘; ”‘I.“.%uur'?‘:‘:..""'a..£'.'..‘?;Tf:"‘.':'
eenluculm propulsion
'
6 «nor as alluundal
dud;
Msnlldlahdl ulupayan Iltllllllllnlrl ls nilla.
"rAn1aoI
l:fllhlad1or!daml!toa1IanbyBuyot.___..__ Indsallar
nmnaulntuvuunobuuaw Iwnnmalltmumm
mam awumur. acme:-sans-m1~am-oammtm
amuaucaneondm 171.4 8:13 W11 ac.
following
older: Buyers
VA. Texas Valonim
oihetauyml
la
E=a:~:.~.W.g*.,°:z."m.m"°*°a%:
ualtuwadzthalonm
WV? (BWI Expansn): Appratuldfoagmloan
to ..m “"3...
0*!
gvwés: mat mpam, pmpmllan applbulcn fur
'
D
lam-Island
hazard lgawanu.
I naww fee: 1!! II . Indus!
Ihb cl.
mum
auu.y°§'a$'a‘nao axcuda an
Imolml
“III party
"may Iannlnm
at
W: mud
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uni!on “N9 up nnamae5°§'y' 9.3 5°51 v».
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mu
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II
In
s E 5%
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16.51‘
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ntyaar.
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8
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no dug‘
cw.-u~~
1911:;-so udno lo
lsclmwm 8 at’: can 535:
0
anew {none
,
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~~
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damn
‘
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lls million Min '
n the 3?
8 own %§§§
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at
un lseoruhet.‘ i
amgnph _dra ndapomlnyal at
V/an
1s.nérAu1.1': u a
mmumo we come:
van: to
. gohnnttmfiifiwilvayabu by
lb) and mealva the cams!
glam
be provided
mbgthh aggulga
W391:“ lhh eonuul.
<°’
bylaw.or bolg. at '"'°m”*.m...mmWa;.“:;"~°:'
It sailor lalls comply vim W: ammo
rolaanlna hum yams: Item Ihlaeantvacl.
(b)
.::?:.......
IIJJEWATION: tho olInasnIaol'rexuIue
ggfiggnmwwaa
II it
will ..°::a.n. .:; .':'::~:nZw" ...""°°m~*‘
"........
madman bur mo nmuaflcn com
shall
tram noehhg omlmflu tulle! mm a own
at
11. ATTORNEY! FEES:
pnmiadnimyl av
18.
Huufiu misled to
J:
p‘£';§“ Jn"""¢.."".§'!u.".' Illa
ozcnw an ant my and
,1
shun ceunwrpartaol
TAB 1001 lmdsd hrldontmnauon byauycr
nuns:-nmw-uowseplnua um and Seller —._—. THEC NO. 20-12
ma nvuau
uaeusign Bwafun ID: eocauassaaa-aw-ea:A.o:.acra1a1m
1'11‘ Dadlcoll It.
P5387019 4-95:10“
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defined I ppflahl
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h rIuII:‘a Yonlguw -
um:
la
(cans. Income! Hwonuu
oxcuzutopeclllodnmounalsmenlvndlnlha
service regulations require my writing: vaponqu nu:-may In
2l.NO'ߢE3: N! 11011090 Irom anopmy lnmaomet
mulled In. hand-deflverau at. at wnnm burn
an
and uudvo when
Inflows- ectmnluaetmgumhsinn as
TO 5|-|';I0f¢?=
-- / «»v—Te ‘ — 1’ To saline at:
TOIWTAF: .ifl’a““L§au-‘gm’ "_. _.__
Faan!uIIb:_|1a.§L§§za_-L539. _._ £31 591.;
%
__._ FncdnIIla:_(1;3)
.
Eqnyfl: 1:: man .c E-mnlko h e nab
ZAGHEEMBNT OF
hBI
ara(cI1a§:
PARTIES! This
mgommwmnuumuémn-gaamm oilh epanlumt
amapulolthb
Ihnanflr
all :;?opa‘h£s
nu):
Dwacuarly Flam:-hywdandumtorcmdil D Endul
Erwlmnnwniol Asuuma mmmunedw
U 8eUoIFhandngAddendum M“ an(15mclanand e and: II
0 Temporary Residential Lease Sellers
M
==*M=-.n..,..,:.~..:w;.é::r:..=;."*:*:°n',;-an, El at-ansue Addendum
Own III Association
Add 3 € F d
Dawerafemwuynuwanuulaaw °am.%"ai‘.'u?‘sr?:’.a'°’° v‘«‘Z.°§&.,9°“"“"
Dl.oanAuumpHonAddmaun on an
9.'f.s"+"a.‘fi$.‘°'f.‘:.“'.£8 °‘
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D§¢m;d‘t‘:rIIdnunlorsIloo!O1harPrupuIyby gsdgdmfiunnaflanmu Raqulmd by
Dwa°1in€‘I:’n!crRaouNnllnnofO!l.G Déydgzngumlwfizpanymarmmmou
D Addendum to: ‘Buck-Up’ comma DOmer(|ls1):
D Addandnm (0! coma! Nu Pmpmy
E__
f‘“‘,
(I
TAB I801 Ml’
rnmalad tor ldanlficauan byauyar
nmuunazwa-usbviami ImImuamnmu.nuu.IMm4nu
mac uo.2M2
.3;-angina WM fiulfl
ngqmgn awahav IR CAEBEESGAEJBII-lnk&|B¢757BID31
wvvndcunewnha
-
nu an3can se.
Poaeloli «as-am
zllggunmmu omen: For nunlnal
may
W
omdsad
'
sum. and Buytro summon!
pay 8
age oi which
W
in
M:
(c':'puo'.§'%‘a5{
“”“um.u.°1z.¥'a$"'§‘u:..“:,”°“”..%:‘:J‘u.mn“”““'“..u....s£££“
l1ou1lvoda!eo1llIIoeor$:nA:?(%cv|Pu!nd).I!no«£u1!ara:no
an Fee
.___.______.....__ PENN” .———————————-—-
emu E-mail:
“I d , 5/207161?
('3§oxsmulw7nEma'$s‘ '2, '’‘/° 1% .'
_
mama §afl3rl:vn fiuI_hn:t,&\I:i nppolatnd
TM 160,
pmmmgugauauw 1-unaaumn-t.nua.I¢dwucInaI anuumm '
THE!) NO. 20-12
WNW!
g...g,.. mum uzeacnsus-eaaz-4a21-nasuaocvsresnov
TEXAS ASSOGATION OFREALIORSO
SELLERS DISCLOSURE NOTICE
CREME}
salons coda
Props . I. lbrlmldnmhl ulmtvnsahanu
Nuhwflgyrm 'o'¥a.:...'§$""' I than
an: 0! o eoMsn'I'.~1’h'l:y!:IuM ‘Wight two
Mgnmand
unfllawat sdhholoduua
'
exceed the minimum alumina «grains ugdlfluwudodomu which
hymn cm.
1710 Dztoeou Gt.
~
OONOHWING11-IE PROPERTY AT
1
THIS NOTICE IS A DISCLOSURE OF SELLERS
DA'|'E8BGNEDBY$El.LEHAND1SNOTA IOIOWLEDGEOFTHE $NDmONOFTHE FROPEfi'|"IA80¥TH!
RD}! ANY INSPEOTIONB OR WARRANTIES
MAY WBHTO OBTAN. I748 NOTA THE BUYER
WARRANTY OFANYKND SYSEJEP. 8MJ.Eli'8 AGEN'l'$.0HANYO‘l1-IEH
~ ~~
A6391’.
sans! Uh Cllsnot oecupylnalhe
n_j_.____*__._:or l1wwecqiadu>y8elM.hw
~
dnoasotlerheooeunpladfl-wfimpam
'
section 1. The Property one we
:\avorouawmuwPnpony
Immum 7%»
~~
below: (um Yea on. No utllnimown
Tmnatladoasmiuuwmnuaaomnobo Tllaunbedufl MlHIIl¢ll|l.%I)IHflllfilVOy.
AR-140 0|-01-I4
hm fiyouplqa-uunnodnlnll\I-I.Ilnu
tnnlal 895!‘
_,j, and Sailor
I. m‘ D
mg” ammun: escnassz~saAa4au1-can-a=ac761I1II=7
111.4 D:-local). ac.
comamhamalfmpqnyu ‘
was the Pmporlyhulil balm 1978? Clyu DM
wnIaraupp|yprovldodhy:aol1y Dwell Boo-op
Una
own cIother:_____________.
(I've-. eampzoto.
Rooi‘I'ypo:_
sun. and man ‘rm-1m g load-based perm humus).
Aar._
an
(approxbnua)
lalhmmavcflayranloowdngonmoPrupaw(nIun:Inumdeuvem:gphcodwuaflsthusMr:a1eoormo1emMm)?
an: Dwsltnown
mumpm
Anywfiwujuumoluwduwmmflstuhfldasédmimumnumwambmcwxdflommmhawddatmorm
ayes cg. uyea.daacuuo(a:an=na¢u1uonuametannaeeua:y):___;_______
anclbn 2. Arayvu (senor) owuu at my
nwua and no (N) I! you on not aware.) debate or mufluuofiom In my 0! the Ionowlnaiz (Mark Yea (Y) you an El‘
~
Y
~~
llmaamwarlonnyonhollams 8adJon2|syaI.oxp!dn(ullodI
shaouIlnoousuy):__________
suntan 8. No you (antler) aware cl any ol mo
you am not aware.) lollowlnn eondlllomu (Mark You
(V) II you no man ml No (R) I!
(TAR-1466) 01-O1-14 lnlllalad by:
Ind
Pllfllllilllbkflfiwlvl-Int Iidlomua-IflnIIaIM|wr.|IlthnlIna 89llDIz__1.._._.__. Plat 2 oi 5
maflnam nuuuun
mama awnhoo u:aocAaae:~aaAe4az1-sash-035675731097
.
1714 32110011. 68.
coneomlng tho Proalny a1 "=9
Illho annwotloanyotmoltomntusooflonafsyos. 9XPlIln(atta:lIodd1lIona!ohoaIollneoeoca¢y):
'Aslnabhbdmhhmdnmhnwuuuam1hnnnoopmomhawd¢oranmdIvldw.
ocean I» Avnyunusan owuoolan Ium.oqu1p:mmLor
dloolosyodln our: nation?
um lolnyoamnploin
naanoponyoutmnnudmnpau
l’|Ocfl$ly):
Eliyyet no (andldzflluwdnui
‘
sucllons.) An you (Sailor) swan ol any oi mo tollowlny (Mark You
not won. (V) If you no swore. link No (N) P! you on
0 Roomudtllo wdmalmomflcauotnwmrmouorofl
lnuampihneomwfibultolngcodoahefloemthemo.
W ovropolnmadovlnluouinoeauuypumillomol
cl Ho:nowuI:'rs' ormalntonanco loaaotauoumonra. llyas.
comphtolhofotlowlngz
umwnh I03
euwmmme Pm“:
F
8____ _ pII'_______
Arsywuodolauwuaaswmmraunefioponn and In: Dmamal W Clvohauuy
I1
Dyna (S _._.
Pnponyls Inmoro llmano uuocmbn.pmvtdoln!onnoIIon
the ) no _____
oflaohtnlomullomotlusmiloo. ohouuho omotauodulom bdowo:
D My common uoa(!ncl|1\1eo such It pooh. tennis courts. woflovnyo. or other)
wilh omen. Ii yu. complain mo toltowing:
_ _ _N3yoLuond_nqwLqooloLmmmmunflaodIuwd1Byao—DnrHnwdwubm.T_';;_'2;:. ’
co-owned In unomdod Imam!
4A ‘ ‘
zwmflmdvhhflomddeedmwwwuwgwmvnmmwwnmwufluflngunwwwanwuoolfln
ropany.
Mybwsu’uwdMrlagalmouod:1gsdhoowuhdImwulommmoFmpony.0ncaflnhululnlflmlao
lo:dIvotcn.forodoouro.haluhlp.banl1n:ptcy.andlv:oo.) '
DDDUD
Anydoomontnofio ray
on onmptggmyoxoen Hcnhosoduthu nous ad by‘.naturd cumsuufclflo. on oddm
e um Iuodto
Any oondlllon on ma Properly which molulnfly Ifleoulho
Mam: or solely at an Individual
Am‘ Nodm 0! tnolmnnlo
mam other than routine maintenance. mode
ouch no ubearooz radon. load-baud to
pow. wwiomuoldohydo.
ma Propony Io tomodlalo onvhonmml
or mow.
ouch onyoortlflcotas
'
flyoo. or ofhardoannanlatlon ldanlllytngthe
eoulflcnto ol mold tomodlollm ov om!
romodlallen).
mom onus ronwdhflon (lo: omnpln.
mbmmr mirlwowhawooll lo located on
aurngoya mm“? the mp onlhlllslovg
y or In an 500 9altonnnnolhu
auto
D fiwhoporwkhuladluooropaneuoooymmsetvleoureaownedbyapmpanndsulbufionsyown
rv / /
(TAR-140e)0!-01-14
r-u-u-macaw-u-an
lnltlalod by:
uId8nl1or.:_._:_ Pogoaofl
Ioovofioznnulnucaavlra-v.IIlNwIII=1I
mumnmm Imounau
ogmstgn Envdspo ID: ucaases-one-aazv-mA.oaw'1m1m1
1114 02193911 81:.
consuming the Pmputy at '
Iuhoansworlomyawxsltmnsln8owonSIayus.exp!ah(auadnndwuIushaeblrceossuy):
—_—.—:.:.j
Reunion 6. Sollnr D has Uhu not albehod a survey at nu Property.
Bawon 'I.pNV:l'gv: the Laue: 4 neatvedwupny wrtuatI|l’r!:"sp:ma!on tepom
ragulmy naps on: y-$n:!,mhan
outy:'tlIh(segon
or suede: name: tau: panono who
Inspections? Dyes Duo Ityountudu eeplaomdecmplawlhafollcwt-va: a aopenulfled yuwhperlenn
~ Now.-A buyarahouldnotrw an the above-drednponaau
mlloctlonollha curruntcondlilon aim
Properly/.Abuyershouldob!eln tnspoabnsfmmtnspsatnrs chounbytbabuyar.
soeglun 8. ohm: any tax umpuomubwgmragflm ourmnfly
comm (or the Property:
Cl Wlkmle Management ['3 Aaflouilunl
[3 Disabled Vsuamn
D Other:
qunknum
Bedlons. Haw
pmvldm Dyna
u
no
(Sella) ever um a claim {or damn: lo the Pmpany with any insurance
Run yau.(s¢IIa1) war noelvad pnunda for I claim for damage to tho P}-cpany
Baalon 10.
lnumnu oinlmonuulnmeal on rd_5|"1e1tln_r9uaedlnu) (lot example, an
amtnntuudlha prwaodnlnnlaltothonpnlmfor ‘
which uwunurwufifadirn yis‘
-
no YES IXNBIII3
Section 11. Does llwpmpuly hnva working unoha dam
roqulmmunto ucnapunaa ol the Huallh and Ealely Oodurmk unlw.-Mn accordance with the uncle: «teeter
Installed In
Mrlaamddfilonalshootl I1 nonusavy):
Elna Oyoa. flnow unknown. upldn.
'cmpmmonno Mullnandsatevcoduequmu one-bmwarnvovlannnydwollnna
amoudatadonimtaltadlnaaaardanco wlthlhueqldinmmualulabulldlrwcodamolleallnlhocnnh
wnIdrIIaadm!lr1gla!a:a!od.lndLvdlIupa:!amImca. Ioullan.
mdpmvanoancnoquhvmounllynudonor
knowlhobulmryoodonqukurlenhhofiadhyvwuaqyoumayohadrmbwwnabowwcauedww
halbltfiahgchfiehllurmanlnlamabbn
Ab we sulfur to Install ah do tonne II 0: but
~......»=%,:*~«»»,...v,=-L....-~,.,,.,,--.
mwuwm
8 .' E Bf
mobmobteaas
mm»G;
,
lcdrqyfllaa
tpewu mapatvannqywruwnonfllbauuncosiclt-uMmrg'
dalualomandwhldebrandolunaloadoladolalolnshl
(ran-uoe) o1-on-:4 lnlflaludby: M48011 a:-.___.___' Panel at 5
Pvctndihifallfibllblofl l0BN|IbIrI|flulu¢.Rm.Ifll§IIIfl&
jflfimg flllfliliaflfi
~~~~
DnflJ§i'lI EIIMODI I3: EBGAEBEE-BBAE-4321-BRA-633075731037
~
1711- 3:13:91). It.
Ooucamlng the Pmpom as
solloroelmovdodgaummumamuomwmlnmulnfloeammnwmoboddsdlorsbonu Ihatnopuown. lndudlmfln
brown). has lnswctad gqnnuoneed Salaam pmvldo Innocents lnfonmlion
ov to matulal Intonnnllan.
ADDITIONAL NO'I1¢ES TO BUY:
(I)
ThomruboplnrnanlofPuhnosulotymalnlalnandmbeaotlniihopuhllomlyoearoll.unooosldodcumnrnol
nghtovodouoffmdemmboamdlnmvmndpooduueufoaaamhmooamboao
:01‘ lnlannullon
npumnom.
aoncomlng pill ulmlnal
’
actlvny In oemln mm or
visa
nolgkoomoooo. comm mo Inna! polio;
(2)
IlfltewopenylsloealodlnacoaotaluuollnamoeawudolmoenmlnImooasuJWn1nIwIyorvIlWM.0oolu:oI1ho
mnnnlshudohordorlnglho Gurl ofMa:loo.I.hoproponymoybao1Mee1to(ha
Prozocllon Act (chnplav 81 or G3. Nnlmnl Open Boaohukaonho Dunn
Raaoumoo coda. rospaoirvoly) and a hndmont
dune prolocflon pm-nil may be mqulmd tor ropalu or eonovuoum ooaflilmta or
lmpnmmonh. comm the local aovouuuoni with udlnmou
sulhorlly ovoreonnmollon adjacent to pubflo
bundle: for mu lnlonnwon.
(5) 11
oflon on square Iootana. maasmomemo. 0! houndallut.
you Ire basing your
lndooandonny moasumd to verily any npanod Infaunanon. you would haw lhoso Roms
(4) Tho following providers currently provide service In the property:
Bowls:
phone Ii:
swan
_
Waist:
_cahls:
Tram:
.fi;_———— 2 —*“pmrne’f ’ ’ ” plum s:
[moon 9:
" ’ "K .__ _ > _
Nlluml aw phone B:
phone I:
Phone company:
phone 9:
Propano:
phone I:
(6) Tllic scum Dlsololute Nolloo was oornploted by Seller as ol the data algnod. The
as we and correct andlaavo no mason Io bollovo to be lain or lnaooulatn.
broken have ruled on Ihls notice
AN INBPEOTQH QF v_oua CHOICE INSPECT THEII PROPERTY. YOU ARE ENCOURAGED TO HAVE
The undmlanad Buyer uhgulovvjadgea receipt oi Illa tovogolng
nofioc.
out-n
'
6/20/2014
,
a1o Elnnauia 3| Buyer
Prlmnd Name: Dow
Prlmvd Name:
(TAR-1406) 01-01-14 .
Pogo Sol 5
um-vvmorauouv Iblnh umonnuuuunuo.nmv.Iwvu¢nII
uunlnhnm numsunn
~
Doaflhtl ammo no: aunzczauszs-ma-sacs-aasvrracsaes
Q
__ """'
PHOMULGATED BY THE TEXAS REAL
AMENDMENT
TO CONTRACT CONCERNING THE PROPERTY AT
TATE COMMBSION (THEE) 12-05-2011
1714 Ddnaoll St. §g_u_|£:‘n
Address and CW)
'
(Street
~
Sella! and Buyer amend the contract as futlows: (check each applicable box)
D (1) The sales Prtoo In Paragraph 3 ol the contract In:
A. cashp¢rt1onotSalasPr-mopayablehyfluyeratcloslng .........
3. sum ottlnanctngdowlbedln thecontract.. ........... ..
O. satesPrtee(sumotAa.ndB)... .... ...... ..........
D (2) In edattlon to MY
MP2!!! and treatments otherwise required by the wntract. seller. at sullen
expense. shall complete the (allowing repair: and traatmnts:
D (3) ThedatoInPanqraph9dttrecomrat:ischm1uodto__________._:.
El Thaamauntln Parugraph12A(t)(h)olthoeonttas!lachancadto$j.j_.j
D
(4) .
(6) flteeostoflardamqulrodrapalmuunanmont.asttonizodonmaanaatadflsnwlllhopdd
astolIowa:5_______:_:_, bysallens
D (G) BuyurhaspatdselIeranoddItfonalOpt5onFaeot$
byfiuyar.
tornnextonslonotttte
unrastrtcted right to terminate the contract on orbotore
.1'hiudditlonnlOptionFeoEIwntD wmnotbouadltadtofltosalasfitca.
__j_____________
.
El Buyer walvestho unraatrtctcd rtght to terminate the corrtrut tor whlchthe OpllonFeow|s paid.
0
(7)
(8) The data for Buyer to gm
written notice to Setter that Buyer cannot obtain credit Approval as
caHon!IlI'Ilh£Tl1lrdPany Hnanol:IaCondIllcnAddandumloICred!tApprcval|ad1Anned
lo_.::_j__._____
D
.
(9) other Modifications: (Insert or_\ty tin!_a;ta_ta1onts_:rId b§nags_detal_Is tun sat9.L
Z
EX$UTED I30 68] 0' , . (BROKEN: FILL IN THE
BIT! OF HNIL A%EPTAN°E-)
'-"
Ileana. Inc. Salter / ‘=9
3|-WW SOHO!
hum. find’:
“"”.."“° '°"":.“'
mun
........t.....:’.:".‘.'.'.‘..“.’!‘:'.§.".“.;':.t“..m,'” '“‘°'“"..m...'?..' ‘R“.2".’...'i°"‘°""‘
.3‘) ....m.°"“' "’.;':""°'....¢u....""
vamudonu. TIMI Roll Ellnla I . Box 12138. Alrflh. ‘TX 73711-2138. 512-OSBQMO
tar
(Mtp#tnu.vna.Ia:n.uov)TflEONc 30-7 TIdutuImInplanITHEONo.3I-9.
(TAR-1503) 12-05-9011
P3931511
laIl:rVIl|l$IAw.530P¢u0IkBl\»d.lhutua.1'X17W1
Pha:1l!J¢9£IS9 ru: 1tusv.utr1 misaoqtut nltosuscou.
mm:-can wramouyuatqu tmnnnmmannu. rumwaunaaoan ggggmm
.
." -
Doeuslaa Envnlupn ID:
PHOMULBATED EYTMETHA8 REAL ESTATE COMMISSION (THECI 12415-um
AMENDMENT
TO CONTRACT CONCERNING THE PROPERTY AT
~~
1'l14'D:1nca1l. it.
QQILWII
'
(8!mt| Addams and Elly)
seller and Buyer amand tha comma an (nllnwn: (chads each applicable box)
D (1) The sales Price In Paragraph 3 cl the warrant ls:
A. cashpanlonolsalesPrlunpnyablabyBuycratcloslng.....
..s
B. sumolflmnungdascrlbadlntheennlract...
..s
c. snlasP:£oa(surnolAanda]............ .
D (2) In addition to any repairs and Iraalmaruo otherwise.
S
-thélcznlract. Sailor. al sellers
oxpanu. Ihaltccmplelo the (allowing repairs and lreahnenls:
n Thadahln Pamaraphsoltha wntmctischanaedto
D
(3)
~
‘mo amount In Paragraph I2A(1)(b) at In:
D
(4)
(5)
caramel I: changed to 8
The mm o! lander required rcpalra and Iroatnxant, as flomlzud on ______j.____:, .
as mom: 8 anachzdgsi. wlfl ha mid
Iha
D (8) V W”
.
for an nxtansbn of the
unmlrlcted right to Immlnnla (ha contract on or
TM; uddlilonalopllonfio D MID wlllmlbocredllodlolmsdaa Ptlca.
Won
D
.
.
Buyer walvu Iha unmmclad nah! lo tannfnuu (ha centred lot
D
(7)
which
(8) The dale lor Buynr to gm wrman nolluo Io Butler that player annual the Option Fee was paid.
ubluln credit Approval ll
(arm in the Third Party Financing condition Addendum
(nr Gradh Approval ls changed
.____.j..____ ..____-
(5) If Modifications: (Inaa'n my (actual atuernanu and business details appflcaua£lhi£n1¢.)__
acacuranna of
IIATE OF FINAL ACCEPTANCE.)
“WW , . (BROKER: FILL IN THE
_
UR
5E'mn:5arn%9= H-W Eallvrmifuh-=h._¢.wr€ Rape!-at-d
E3-‘NW
fiEi5TSu:u¢£.vut
III
&'°'&‘..a.
""" approved %m
rebut .'.'.’u“J.° :'.;‘.'§’!..'.'iy’."n‘a":¢‘s"e..... .;':‘f.";i‘..‘.'a'.‘a"a‘..'3";'."'-a'$‘«"x'a'y":’..’fl°‘?
“' """"“'
‘.1"u§'
3"""“""wm-m=s...'“"' '¥.'3.5"s'a‘§’¥‘ "‘""a...."'
..u.."':- 'w£"u'a'u'."' mu...""°'"‘
(f%\!.VI§.| )7flECNO.39*7.nII1€fllIlbfll&'Ifi$&.SB-C.
"r"s:’§‘a'v"':"sfzu"ss'i"‘i'u'é“3'b"a""souo"'
12452011
(TAR-1908]
URI Gimcv ad» Page i alt
¥...m‘3imoo '”“‘*r'.’.’:”u".'.1‘m:o.“‘”’““““‘».'I.‘.’J'£.‘.'...
Hlanldmfixhfnaflwfiplwh nuoumllsl
lIWOfiIDOIIIflaI|Id.FnIlr.IEfil§call&| $313,315.33
TAB CC
APPENDIX TAB
APPENDIX
Appellees Notice of Appeal
N0. 2013-67779
WILLIAM G. WEST, AS CHAPTER 7 § IN THE DISTRICT COURT OF
TRUSTEE OF RICHARD DAVIS, DEBTOR§
Plaintiff,
vs, HARRIS COUNTY, TEXAS
PHILIPPE TANGUY, 13500 AIR
EXPRESS, L.L.C., AND 13500
AIR EXPRESS, L.P.. @l'0)|’0l|’0l(0l|’0ll0l§¢I(0lI71|'0lWlYJ1
Defendants .
V.
PTRE HOLDINGS, L.P.
I ntervenor 270TH JUDICIAL DISTRICT
NOTICE 9; APPEAL
NOTICE IS HEREBY GIVEN that the Defendants, PHILIPPE TANGUY,
13500 AIR EXPRESS, L.L.C., AND 13500 AIR EXPRESS, L.P., and
Intervenor, PTRE Holdings, L.P., hereby appeal the Order Granting
Sale of Property signed October 10, 2014 which this Court
entered on the 10th day of October, 2014 at the request of the
Plaintiff, William G. West, Trustee, to the First or Fourteenth
Court of Appeals at Houston, Texas. There are already two related
pending appeals in the First Court of Appeals in Case No. 01-14-
00455-CV. Defendants and Intervenor state the following:
1. The Trial Court is the 270th Judicial District Court of
Harris County, Texas.
2. The Judge of the Trial Court is the Honorable Brent
Gamble.
3. The Order being appealed was signed on the 10th day of
October, 2014 .
4. Defendants, PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C.,
13500 AIR EXPRESS, L.P., and Intervenor, PTRE Holdings, L.P.,
1
APPENDIX C
desire to appeal.
5. Appellants believe that the appeal is taken to the Court
of Appeals for the First Supreme Judicial District of Texas at
Houston, Texas.
6. Defendants, PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C.,
13500 AIR EXPRESS, L.P., and Intervenor, PTRE Holdings, L.P., are
the parties taking the appeal and filing the notice.
Respectfully submitted,
s/Joe Alfred Izen, Jr.
Joe Alfred Izen, Jr.
Attorney for Defendant and
Judgment Debtor
TBC # 10443500
5222 Spruce Street
Bellaire, Texas 77401
(713) 668-8815
(713) 663-9402 FAX
jizen@comcast.net
s/Joe Alfred Izen, Jr.
Joe Alfred Izen, Jr.
Attorney for Intervenor,
PTRE Holdings, L.P.
TBC # 10443500
5222 Spruce Street
Bellaire, Texas 77401
(713) 668-8815
(713) 663-9402 FAX
jizen@comcast.net
CERTIFICATE QE SERVICE
I certify that a true and correct copy of the foregoing
document was sent to Eva Engelhart, Receiver, 2 Riverway #700,
Houston, TX 77056-1918 (713-623-6014 FAX) and Joshua W. Wolf-
shohl, Porter and Hedges, 1000 Main Street, 36th Floor, Houston,
TX 77002 by facsimile transmission (713) 226-6231 Fax and/or
U.S. Mail, postage prepaid, on this the 30th day of October,
2014.
s/Joe Alfred Izen, Jr.
Joe Alfred Izen, Jr.
NO. 2013-67779
WILLIAM G. WEST, AS CHAPTER 7 § IN THE DISTRICT COURT OF‘
TRUSTEE OF RICHARD DAVIS, DEBTOR§
§
Plaintiff, §
§
VS. § HARRIS COUNTY, TEXAS
§
PHILIPPE TANGUY, 13500 AIR §
EXPRESS, L.L.C., AND 13500 §
AIR EXPRESS, L.P. , §
§
Defendants. §
§
V. §
§
PTRE HOLDINGS, L.P. §
§
Intervenor § 27OTI-I JUDICIAL DISTRICT
PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C.,
13500 AIR EXPRE§§, L,P. ‘S AND INTERVENOR, PTRE HOLDINGS, I._-.:P.'_S,__
REQUEST FOR FINDIEGS O_F PAGE AND CO§CLUSIO§§ {E LAW
TO THE HONORABLE JUDGE OF SAID COURT:
DEMAND IS HEREBY MADE pursuant to Rule 296 of the Texas
Rules of Civil Procedure that this Court prepare and file Find-
ings of Fact and Conclusions of Law in support of its previous
Judgment or order in this case signed October 10, 2014 and filed
by the District Clerk on October 10, 2014. Demand is being made
for the preparation and filing of such Findings of Fact and
Conclusions of Law within twenty days of the signing of the
Judgment as required by said Rule.
A copy of this demand is being provided to all parties
and/or counsel of record.
Respectfully submitted.
S/Joe Alfred Izen, Jr.
Joe Alfred Izen, Jr.
Attorney for Defendant and
Judgment Debtor
TBC # 10443500
5222 Spruce Street
Bellaire, Texas 77401
(713) 668-8815
(713) 668-9402 FAX
jizen@comcast.net
s/Joe Alfred Izen, Jr.
Joe Alfred Izen, Jr.
Attorney for Intervenor,
PTRE Holdings, L.P.
TBC # 10443500
5222 Spruce Street
Bellaire, Texas 77401
(713) 666-8815
(713) 668-9402 FAX
jizen@comcast.net
CE IF CA E E SERVICE
I certify that a true and correct copy of the foregoing
document was sent to Eva Bngelhart, Receiver, 2 Riverway #700,
Houston, TX 77056-1918 (713-623-6014 FAX) and Joshua W. Wolf-
shohl, Porter and fiedges, 1000 Main Street, 36th Floor, Houston,
TX 77002 by facslmile transmission (713) 226-6231 Fax and/or
U.S. Mall, postage prepaid, on October 30, 2014.
S/Joe Alfred Izen, Jr.
musveszaur/m7o Joe Alfred Izen, Jr.
APPENDIX TAB
APPENDIX D
TAB D
Notice of Appeal of the Sale Order
Cause #:
Cause #: 2013-67779 #
Court # 270TH
270TH Judgment Date:
Judgment 10/10/2014
Date: 10/10/2014
Volume:
Volume: Page:
Page: Image #:
Image 62791808
#: 62791808
Due Date:
Due 11/9/2014
Date: 11/9/2014 Attorney
Attorney Bar No:
No: 10443500
10443500
F” F“ IN
FILED IN
1ST
ST 1st COURT OF APPEALS
Assigned to
Assigned 1 Court of Appeals 1St|C-l8H§¥()Ol\|l:,/'l'E?(:EéLS
HOUSTON, TEXAS
10/31/2014 2:16:39 PM
10/31/2014 PM
Date Findings
Findings of Facts/Mtn
_ _
Facts/Mtn of Modify/Mtn New Trial
Modify/Mtn New
_
Trial filed?
_ _
10/30/2014
1Q/|§Q}é}g;flERAPR|NE
CHRISTOPHER A. PRINE
Clerk
Request for Transcript Filed?
Request Filed? N/A
N/A D
D
Appeal previously filed?
Notice of Appeal Y
filed? Y OA
OA
Number of Days:
Number Days: 10
10
File
File Ordered: Imaged
Ordered: Imaged
Notes:
Notes: Prev Case No:
Prev Appellate Case 01-14-00455-cv (3
No: 01-14-00455-CV RD
(3RD APPEAL)
APPEAL)
BC Notice of Appeal
BC Appeal filed
filed
BG Notice of Appeal filed
BG filed — Government
– Government
C
C Judgment
Appealing Final Judgment
D -- Accelerated Appeal
D Appeal
OA No
OA Record Request filed
No Clerk’s Record filed
O – Clerk’s Record
O — Record Request filed of Appeal)
filed (w/Notice of
APPENDIX D
10/30/2014 5:03:45 PM
Chris Daniel —
Clerk Harris County
Districi
Envelope No. 3018791
By: Patricia S1 Romain-Tippins
Filed: 10/30/2014 5:03:45 PM
NO. 2013-67779
WILLIAM G. WEST, AS CHAPTER 7 § IN THE DISTRICT COURT OF
TRUSTEE OF RICHARD DAVIS, DEBTOR§
Plaintiff, §
§
vs. § HARRIS COUNTY, TEXAS
§
PHILIPPE TANGUY, 13500 AIR §
EXPRESS, L.L.C., AND 13500 §
AIR EXPRESS, L.P., §
Defendants. §
§
V. §
§
PTRE HOLDINGS, L.P. §
Intervenor § 27OTH JUDICIAL DISTRICT
NOTICE QE APPEAL
NOTICE IS HEREBY GIVEN that the Defendants, PHILIPPE TANGUY,
13500 AIR EXPRESS, L.L.C., AND 13500 AIR EXPRESS, L.P., and
Intervenor, PTRE Holdings, L.P., hereby appeal the Order Granting
Sale of Property signed October 10, 2014 which this Court
entered on the 10th day of October, 2014 at the request of the
Plaintiff, William G. West, Trustee, to the First or Fourteenth
Court of Appeals at Houston, Texas. There are already two related
pending appeals in the First Court of Appeals in Case No. 01-14-
O045S—CV. Defendants and Intervenor state the following:
1. The Trial Court is the 270th Judicial District Court of
Harris County, Texas.
2. The Judge of the Trial Court is the Honorable Brent
Gamble.
3. The Order being appealed was signed on the 10th day of
October, 2014.
4. Defendants, PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C.,
13500 AIR EXPRESS, L.P., and Intervenor, PTRE Holdings, L.P.,
desire to appeal.
5. Appellants believe that the appeal is taken to the Court
of Appeals for the First Supreme Judicial District of Texas at
Houston, Texas.
6. Defendants, PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C.,
13500 AIR EXPRESS, L.P., and Intervenor, PTRE Holdings, L.P., are
the parties taking the appeal and filing the notice.
Respectfully submitted,
s/Joe Alfred Izen, Jr.
Joe Alfred Izen, Jr.
Attorney for Defendant and
Judgment Debtor
TBC # 10443500
5222 Spruce Street
Bellaire, Texas 77401
(713) 668-8815
(713) 668-9402 FAX
jizen@comcast.net
s/Joe Alfred Izen, Jr.
Joe Alfred Izen, Jr.
Attorney for Intervenor,
PTRE Holdings, L.P.
TBC # 10443500
5222 Spruce Street
Bellaire, Texas 77401
(713) 668-8815
(713) 668-9402 FAX
jizen@comcast.net
CERTIFICATE QE SERVICE
I certify that a true and correct copy of the foregoing
document was sent to Eva Engelhart, Receiver, 2 Riverway #700,
Houston, TX 77056-1918 (7l3—623—6014 FAX) and Joshua W. Wolf-
shohl, Porter and Hedges, 1000 Main Street, 36th Floor, Houston,
TX 77002 by facsimile transmission (713) 226—6231 Fax and/or
U.S. Mail, postage prepaid, on this the 30th day of October,
2014.
s/Joe Alfred Izen, Jr.
Joe Alfred Izen, Jr.
JUFC7 (NSK#)
JUFC7 (NSK#) JUSTICE INFORMATION MANAGEMENT
JUSTICE INFORMATION SYSTEM
MANAGEMENT SYSTEM OCT 31,
OCT 2014(C1)
31, 2014(C1)
INT6510
INT6510 CIVIL CASE
CIVIL INTAKE
cAsE INTAKE OPT: INT
OPT: _____ -— INT
GENERAL PARTY
GENERAL PARTY INQUIRY
INQUIRY PAGE:
PAGE: 11 -- 2
cAsE NUM:
CASE NUM: 201367779__ PJN> __
201367779__ PJN> TRANS NUM:
__ TRANS CURRENT COURT:
NUM: _________ CURRENT COURT: 270 PUB? _
270 PUB? _
CASE TYPE:
CASE ENFORCE FOREIGN
TYPE: ENFORCE FOREIGN JUDGMENT
JUDGMENT CASE STATUS:
CASE DISPOSED (FINAL)
STATUS: DISPOSED (FINAL)
WEST, WILLIAM
STYLE: WEST,
STYLE: WILLIAM GG (CHAPTER TRUSTE VS
(CHAPTER 7 TRUSTE PHILIPPE
TANGUY, PHILIPPE
VS TANGUY,
=============================================================================
tttt INACTIVE
**** INAcTIvE PARTIES ****
PARTIES ****
PJN PER/CONN COC
PJN PER/CONN BAR
COC BAR PERSON NAME
PERSON NAME PTY
PTY ASSOC. ATTY
ASSOC. ATTY
NUM
NUM NUMBER
NUMBER STAT
STAT
__ 00007-0001 IVD
00007-0001 IVD WEST, WILLIAM
WEST, WILLIAM
__ 00006-0001
00006-0001 IVP
IVP 10443500
10443500 PTRE
PTRE HOLDINGS
HOLDINGS L PP
L IZEN, JOE ALF
IZEN, JOE ALF
__ 00004-0002 XPL
00004-0002 XPL 10443500 13,500 AIR
10443500 13,500 EXPRESS LP
AIR EXPRESS LP JOE ALF
IZEN, JOE
IZEN, ALF
__ 00003-0002
00003-0002 XPL
XPL 10443500
10443500 13,500
13,500 AIR
AIR EXPRESS
EXPRESS LLC
LLC IZEN,
IZEN, JOE
JOE ALF
ALF
__ 00002-0002 XPL
00002-0002 XPL 10443500
10443500 TANGUY, PHILIPPE
TANGUY, PHILIPPE JOE ALF
IZEN, JOE
IZEN, ALF
__ 00001-0002 XDF
00001-0002 XDF WEST, WILLIAM
WEST, WILLIAM GG (CHAPTER TRU
(CHAPTER 7 TRU
__ 00005-0001 RCV 00796513
00005-0001 RCV 00796513 ENGELHART, EVA SHAFIR
ENGELHART, EVA SHAFIR
__ 00004-0001 DEF
00004-0001 DEF 10443500 13,500 AIR
10443500 13,500 EXPRESS LP
AIR EXPRESS LP JOE ALF
IZEN, JOE
IZEN, ALF
__ 00003-0001
00003-0001 DEF
DEF 10443500
10443500 13,500
13,500 AIR
AIR EXPRESS
EXPRESS LLC
LLC IZEN,
IZEN, JOE
JOE ALF
ALF
__ 00002-0001 DEF
00002-0001 DEF 10443500
10443500 TANGUY, PHILIPPE
TANGUY, PHILIPPE JOE ALF
IZEN, JOE
IZEN, ALF
_ 00001-0001 PLT
00001-0001 WEST, WILLIAM
24058058 WEST,
PLT 24058058 WILLIAM GG (CHAPTER TRU
(CHAPTER 77 TRU POWER, AARON
POWER, AARON
==> (11)
==> FOUND
CONNECTION(S) FOUND
(11) CONNECTION(S)
1=AcTIvE
1=ACTIVE 2=ATY. INQ.
2=ATY. INQ. 3=ACT.ENTRY
3=ACT.ENTRY 4=ISS. SERV.
4=ISS. SERV. 5=DOC. INQ.
5=DOC. INQ.
6=CASE INQ.
6=CASE INQ. 7=BACKWARD
7=BACKWARD B=FORWARD
8=FORWARD 9=PTY. ADDR.
9=PTY. ADDR. 10=REFRESH
10=REFRESH 11=HELP
11=HELP
TAB EE
APPENDIX TAB
APPENDIX
Appellants Notice of Designation of Additional Items
ALFRED IZENA
JOE ALFRED IZEN JR.
JR.
JOE
IZEN &
IZEN & ASSOCIATES,
ASSOCIATES, P.C.
LAW
P.C.
ATTORNEYS AT
ATTORNEYS AT LAW
SPRUCE STREET
5222 SPRUCE
5222 STREET -— BELLAIRE, TEXAS 77401
BELLAIRE, TEXAS 77401
668-8815 Telephone
(713) 668-8815 Telephone / (713) 668-9402 Fax
668-9402 Fax
December 29,
December 29, 2014
2014
Chris Daniel
Chris Daniel
Harris County
Harris District Clerk
County District Clerk
P.
P. O.
O. Box 44651
Box 6 51
Houston,
Houston, Texas 77210
Texas 77210
RE:
RE: No. 2013-67779;
No. William G.
2013-67779; William Q; as
as Chapter Trustee 9;
Chapter 17 Trustee Richard
of Richard
Davis, Debtors, 1;
Davis, Debtors, Philippe Tanguv,
v. Philippe Tanquv, E; Al,
Et Al, Designation
Designation of
of
Additional Items
Additional Items to
to Be Included in
Be Included Record on
in Record on Appeal; Request
Appeal; Request
Reporter's Record
Court Reporter's
for Court
for Record
Dear Sir:
Dear Sir:
Attached is
Attached is a copy of
a copy the District
of the Clerk's Docket
District Clerk's Docket Sheet
Sheet in
in
above—styled and
the above-styled
the numbered cause.
and numbered cause. The circled are
items circled
The items the
are the
items Appellant designates
items Appellant designates as items to
as items included in
be included
to be in the Clerk's
the Clerk's
Record on
Record on Appeal. Request is
Appeal. Request made that
hereby made
is hereby Official Court
the Official
that the Court
Reporter of
Reporter 270th Judicial
the 270th
of the Judicial District
District Court
Court that took the
that took notes
the notes
Motion to
the Motion
at the
at Sell Real
to Sell Real Property hearing on
Property hearing October 10,
on October 2014,
10, 2014,
prepare aa Court
prepare Reporter's record
Court Reporter's record of hearing for
such hearing
of such purposes of
for purposes of
appeal. We
appeal. request an
We request estimate and
an estimate will forward
and will requested
forward aa requested
deposit.
deposit.
Sincerely,
Sincerely,
Joe Alfr
Joe Alfred Jr.
Izen, Jf\
Izen,*
JAI:kC
JAI:kc
cc:
cc: Eva Engelhart
Eva Engelhart
Joshual Wolfshol
Joshual Wolfshol
TANHEHCBV . DOR/TK1o7'|
TANWEHC3Y.D0R/TK471
1
APPENDIX E
Office of Harris County District Clerk - Chris Daniel Page 1 of 5
HCDistrictclerk.com WEST, WILLIAM G (CHAPTER 7 TRUSTEE OF THE l2/26/2014
ESTATE 0 vs. TANGUY, PHILIPPE
Cause: 201367779 CDI: 7 Court: 270
DOCUMENTS
Number Document P05‘ D3” P35
Jdgm
~~~
6361-3?W5\_
Certificate of Conference _g __
ER SIGNED GRANTING ENTRY OF TEMPORARY ORDERS
__, _ ._,,__._______»__M_ W '2/“/20”
I2/I6/20l4
;
633668] I Proposed Order to Tumover Log Books‘Provide Access to Non-Exempt Airplane and to 12/03/2014 3 .
Retain Gordon Cragg to Appraise the Airplane 4 ‘\
/
Notice of Past Due Findings of Fact and Conclusions of Law Pursuant to Rule 297 Texas
‘
éylffié ll/24/2014 3 b‘4 «rs
__
Rules of Civil Procedure (x V: 54:: O ‘”
63238l37 Proposed Order to Tumover Log Books and Provide Access to Non-Exempt Airplane and I ll l9/20l4 2 °’ '
~
to Retain Gordon Cragg to Appraise the Airplane
63l53004 Defendants and Judgment Debtors. Philipe Tanguy,l3500 air Express. L.L.C.. and l3500 I I/l3/2014 ~~
Air Express. L.P.'S Response and Objection to the Reeeiver's Motion to Compel Tum Over
Order of Non-Exempt Airplane and to Retain Gordon Cragg to Appraise and Sell the A
~~
~~~~ ~
A
~
63153005 Exhibit ll/I 3l20l4 6
~~63153906 ~
~~
Proposed Order I/I3/20
~~~
_____ I
‘63l53007 Defendants and Judgment Debtors, Philippe Tanguy, l3500 Air Express. L.L.C., and ll/l3/2014
~~ l3500 Air Express, L.P.'S Motion for Continuance ofTrial on Receiver's Motion to
Compel Turn Over Order of Airplane and Claim for Turn Over Purported Distributions
~
~~ ($2,085.?
~~~ 63I53008 Exhibit A llll3/2014 2 ~~~
~ 63l53009 Exhibit B ll/l3/2014 2
Proposed Order I I/I3/20|4 2
~
Affidavitof Defendant, Philippe Tanguy, ln Opposition to Receiver's Motions for ll/I3/20l4 9
Charging Order Against Debtor. Philippe Tanguy's Partnership and Membership Interests
~
and Motion to Compel Turn Over of Non-Exempt Airplane and to Retain Gordon Cragg to
Appr
63169159 EXHIBITA ~~~
~~
~~~ -> ll/I3/ZOI4 l
~~
»> 63l69l60 EXHIBIT B II/I3/ZOI4
~~ A> 63l69l6l EXHIBITC _________ ~ ll/l3/20l4
~~
63l203l9 Defendant-In-Intervention William G. Wests, Chapter 7 Trustee of Richard Davis Original ll/l0l20l4
Answer
~~~
62996972 Defendants, Philippe Tanguy, 13500 Air express. L.L.C.. [3500 Air Express, and LPS l0/30/20l4
lntervenor. Ptre Holdings. L.P.S. Request for Findings of Fact and Conclusioons of Law
~~~ 62999297 notice of appeal I0/30/Z0l4 2
62856928 Second Amended Notice of Hearing l0/2ll20|4 2
62735373 Amended Notice of Hearing 10/ I3/ZOI4 2
62708047 Defendant and Plaintiff-in-lntervention‘s PTRE Holdings, L.P.‘S Ob_]ECll0n to Reeeiv—eT'sg“ I0/l0/20l4 5
~ Request for Emergency Consideration and (Proposed) Third Amended Order to Sell Real
Property at l7l4 Driscoll Street
~62708048
~~~
~
Proposed
N" 0/ l 0/20] 4
%\
l I
ORDER SGND GRANTING SALE or PROPERTY
~~
_.4—-—
no/1'5/2_o‘14-) I9
~~
Proposed Third Amended Order to sell property at l7l4 Driscoll St. I0/08/20I4 2
~~
Exhibit C l0l08/20l4 I7
~~
Supplemental Aflidavit to Motion to Sell Real Property of I714 Driscoll St. I0/08/2014 2
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~~~62674331
_ ~
Office of Harris County District Clerk
Exhibit A
B
- Chris Daniel
__,, . _ , _ , _ ,_ ,,,__ ‘_ _, , . ... .
—»--
‘°’°3’2°"‘
'°’°3’Z°”
Page 2 of 5
-~-~~--‘-7-s
9
3
62674332 Exhibit
~~
~
62674333 Exhibit C '0/W20“ '7
D '°’°3’2°'4 2
62674334 Exhibit
62674857~ Receiver's Motion to Compel Tumover ofNon-Exempt Airplane and to Retain Gordon 10/08/2014 4
Cragg to Appraise and sell the Airplane
62674858 Exhibit A '0/03/2°14 9
6267-4359 Affidavit 10/03/20"‘ 2
~ 62674860 Exhibit B I0/08/2014 3
~~62674861 Exhibit C I0/08/2014 I
62674862 PROPOSED ORDER TO COMPEL TURNOVER OF NON-EXEMPT AIRPLANE AND 10/08/2014 2
TO RETAIN GORDONCRAGG T0 APPRAISE AND SELL THE AIRPLANE
62674863 Notice or Hearing IOI08/20|4 2
62677691 Receiver's Motion for Charging Order against Debtor, Philipe Tnnguy's Partnership and 10/08/2014
Membership Interests
62677693 Exhibit A 10/08/2014 9
62677694 Affidavit 10/08/2014 2
62677696 Exhibit B 10/08/2014 3
~
62677697 Affidav it 10/08/2014 2
62677699 Exhibit C I0/08/2014 3
Exhibit D
~
62677700 10/08/2014 3
l 62677701 Exhibit E ______,__ 10/08/2014 5
;
Order against Debtor, Phillippe Tanguy's Partnership and Membership 10/08/2014 3
Interests
62677705 Notice of Hearing 10/08/2014 2
~~~ ~~~
~
62612274 Amended Notice of Hearing
— 10/03/2014 2
~~ ~
2888 Request for Emergency consideration/hearing on the Motion T6 real Property at 1714 ~10/02/20 I 4
Driscoll St.
~~
~~ 62597587
coun ofappeals for the first district oftexas at houslon order
5)” will H W H T ~~10/02/2014 6
~~~~
62597656 Exhibit A_I0-02-l4 no/02/2014 9
~62597925 Exhibit B_I0~02-14 I0/02/20|4 3
~62597974 caring I0/02/20|4 2
62597986 LettTanguy West HC Notice ofNonavaiIibity ofCoun 10/02/2014 1
625982 I 3 Exhibit C_10-02-I4 10/02/2014 14
625982 19 Exhibit D_l0-02-I4 I0/02/20|4 2
62598236 Proposed Amended Order to Sell Property at 1714 driscoll st. 10/02/2014 17
6 I 708522 Defendants’ Notice of Filing 07/24/2014 I
6 I 708523 Appellants, Philippe Tanguy. 13500 Air Express. L.L.C., and 13500 Air Express. L.P.'S 07/24/201 4 20
Emergency Motion for Temporary Order Staying Turnover and Receivership Proceeding
Pursuant to T.R.A.P Rule 29.3
6 I 708525 Affidavit of Appellant. Philippe Tanguy. In Support of Appellants‘ Emergency Motion for 07/24/2014 6
Temporary Relief Pursuant to T.R.A.P Rule 29.3
61710028 Exhibit A 07/24/2014 14
61710030 Exhibit B 07/24/2014 3
61710031 Exhibit C 07/24/2014 22
61714077 Amdavil 07/24/2014 2
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~~~
Chris Daniel Page 3 0f 5
Offtce of Harris County District Clerk -
\ ‘
e177‘4os5
—"‘
61714036
61714093
~ INTERVENOR. HOLDINGS, L.P.'S. RESPONSE AND OBJECTION T0
1>'r1u-:
RECEIVER. EVA ENGELHARTIS, MOTION TO SELL REAL PROPERTY AT
DRISCOLL STREET AND PROPOSED ORDER ANDIOR AMENDED ORDER
INTERVENOR. PTRE HOLDINGS. L.P.'S. RESPONSE AND OBJECTION TO
_
1714
07/24/201 4
07/24/2014
07/24/2014
1
4
RECEIVER. EVA ENGELHARTIS. MOTION TO SELL REAL PROPERTY AT 1714
DRISCOLL STREET AND PROPOSED ORDER AND/OR AMENDED ORDER
61714094 Proposed Order 07/24/2014 1
61609174 NOTICE OF PAST DUE FINDINGS OF FACT AND CONCLUSIONS OF LAW 07/16/2014 2
PURSUANT TO RULE 297 TEXAS RULES OF CIVIL PROCEDURE
61553449 Proposed amended Order to sell property at 1714 driscoll st. 07/ I I/20I4 2
~> 61553450 Exhibit C 07/ I I/2014 I4
61509888 Motion to Sell Real Property at 1714 Driscoll St. 07/09/2014 3
61509889 Exhibit A 07/09/2014 9
61509890 Exhibit B 07/09/20” 3
61509891 Exhibit C 07/09/2014 14
61509892 Exhibit D 07/09/2014 2
61509893 Proposed Order 07/09/2014 2
61509894 Notice of Hearing 07/09/2014 2
61758864 Court of Appeals First District (postcard) 07/07/2014 I
61611895 Court ofAppeals First District (postcard) 07/01/2014 I
61273901 DEFENDANTS, PHILIPPE TANGUY. 13,500 AIR EXPRESS L.L.C. AND I3,500 AIR 06/19/2014 I
EXPRESS L.P.'S, REPLY TO RECEIVER'S RESPONSE TO DEFENDANTS' MOTION
TO LEASE PROPERTY AT 1712 AND 1714 DRISCOLL STREET. HOUSTON. TEXAS
FOR A TERM LONGER THAN MONTH-TO-MONTH
61273914 Defendants Philippe Tanguy, 13500 Air Express L.L.C And I3,500 Air Express L.PS 06/19/2014 5
Reply To Reciever Response To Defendants Motion To Lease Property At 1712 And 1714
Driscoll Street. Houston Texas For A Tenn Longers Then Month-To- Month
61449265 Court ofAppeals First District (general infonnation) 06/ 19/2014 4
61244676 Receiver's Response to Defendant's Motion to Lease Receivership Property for Longer 06/18/2014 4
than Month-to-Month Tenancy and Motion to Compel Turnover ofDocumenls and
Property Pursuant to Court Order Dated May 30. 2014
61244682 Proposed Order to Compel Turnover 06/18/2014 2
61256949 DEFENDANTS. PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C.. AND 13500 AIR 06/18/2014 2
EXPRESS, L.P. ‘S, REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF
LAW
61261600 Tanguy West HC Notice oIAppeaI 06/18/2014 2
61168270 Filing Letter 06/12/2014 1
61168574 Defendant, Phillippe Tanguy's Motion for Coun Approval to Lease Receivership Property 06/11/2014 4
for Term Longer Than Month-to-Month Tenancy
61168575 Exhibit A 06/11/2014 1
61168576 Exhibit B 06/11/2014 3
61168577 Proposed Order 06/11/2014 1
61168578 Notice of Oral Hearing 06/ 1/2014
I 1
61228236 Court of Appeals First District (general information) 06/06/2014 5
61065884 Trial Coordinator Document 06/02/2014 8
60995173 DEFENDANTS, PHILIPPE TANGUY. 13500 AIR EXPRESS. L.L.C., AND 13500 AIR 05/30/2014 6
EXPRESS, L.P.'S OBJECTION TO RECEIVER'S EMERGENCY MOTION TO
COMPEL TURNOVER OF NON-EXEMPT PROPERTY. TO RETAIN REAL ESTATE
BROKER. AND TO SELL NON-EXEMPT PROPERTY
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Office of Harris County District Clerk - Chris Daniel Page 4 of 5
60995 I 74 EXHIBIT A 05/30/20l4 5
609951 75 PROPOSED ORDER 05/30/20|4 I
6I0|2360 ORDER SIGN ED COM PELLING PRODUCTION 05/30l20l4 2
Request Writ of Execution 05/27/2014 I
6 I 028332
Notice of Appeal 05/23/2014 2
60927975
Emergency Motion to Compel Turnover of Non-Exempt Real Properly. to Retain Real 05/23/20| 4 as
6093694 I
Estate Broker and to Sell Non-Exempt Real Property
60936942 Exhibit A 05/23/20| 4
60936943 Affidavit 05/23/20| 4 NwN~o
60936944 Exhibit B 05/23/20 I4
60936945 Aflidavit 05/23/20| 4
60936946 Exhibit C 05/23/20 I4 I
60936947 Proposed Order 05/23/20 I4
60936948 Notice of Hearing 05/23/201 4 NNN
60708547 Bond of Receiver 05/07/20l 4
60708549 Oath of Receiver 05/07/20 I 4 I
606 I 8695 ORDER SETTING BOND SIGNED 04/25/20 4
I 8
ORDER SIGNED APPOINTING RECEIVER 04/25/20] 4
ORDER SIGNED GRANTING MOTION FOR TURNOVER 04/25/20I 4
605673 I 2 PETITION IN INTERVENTION OF PTRE HOLDINGS. LP. 04/24/2014 6
60487236 DEFENDANTS AND JUDGMENT DEBTORS, PHILIPPE TANGUY. I3500 AIR 04/2l/20I4 4
EXPRESS, L.L.C.. AND I3500 AIR EXPRESS. L.P.'S. MOTION FOR CONTINUANCE
OF THE TRIAL ON PLAINTIFF’ S APPLICATION FOR TURN OVER ORDER AND
APPOINTMENT OF RECEIVER AND MASTER
60487237 Proposed Order 04/2|/20l4 I
6048723l DEFENDANTS AND (PURPORTED) JUDGMENT DEBTOR, PHILIPPE TANGUY's, 04/|8I20I4 2
NOTICE OF DESIGNATION OF EXEMPT AND NON-EXEMPT ASSETS
60509764 DEFENDANTS AND JUDGMENT DEBTORS. PHILIPPE TANGUY, I3500 AIR 04/I7/2014 5
EXPRESS, L.L.C., AND I3500 AIR EXPRESS, L.P.S, FIRST AMENDED ANSWER
AND ORIGINAL COUNTER-CLAIM
60245479 ORDER SIGNED SETTING HEARING 03/27/20 I 4 I
6008 I956 proposed order 03/20/20 14 I
60387480 MOTION TO RESET HEARING ON APPLICATION FOR TURNOVER AFTER 03/20/20 4
I 3
JUDGMENT AND FOR APPOINTMENT OF A RECEIVER AND MASTER
60387483 Proposed Order to show cause why appication for tumover aflerjudgment and for 03/20/20l4 I
appointment of a receiver and master should not be granted
58734703 Defendants and Judgment Debtors Philippe Tanguy. I3500 Air Express, LLC and I3500 I2/I3/20I3 I
Air Express. L.P.s Jury Demand
58734706 Defendant's and Judgment Debtors Jury Demand I2/I3/2013 I
587347I I Defendants and Judgment debtors Philippe Tanguy, I3500 Air Express LLC and I3500 Air I2/I3/2013 3
Express, LP's Motion for Refenal to Mediation
58734712 Proposed Order I2/I3/20l3 I
587347I3 Defendants and Judgment debtors Philippe Tanguy. I3500 Air Express LLC and I3500 Air I2/I3/20|3 3
Express. LP's Original Answer
58734700 Defendants and Judgment Debtors. Motion for Continuance of Trial on Application for I2/I2/20I3 5
Turnover Order alter Judgment and Appointment of Receiver and Master
5873470 I Proposed Order I2/I2/Z013 I
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Office of Harris County District Clerk - Chris Daniel Page 5 of 5
58671321 DEFENDANTS AND JUDGMENT DEBTORS PHILIPPE TANGUY 13500 AIR 1 2/09/20 I 3 6
EXPRESS LLC AND 13500 AIR EXPRESS LP'S MOTION TO SET ASIDE ORDER
DATED NOVEMBER 8. 2013 OR FOR GRANT OF NEW TRIAL AND STAY
5867 1322 Exhibit A 12/09/2013
5867 I 323 Exhibit B 12/09/2013 :29
5867 I 324 Proposed Order 12/09/2013
583473 18 ORDER SIGNED SETTING HEARING I 1/15/2013
Noew\..aNNoow
58293800 Notice of Filing of Bankruptcy Judgment 11/14/2013
5829465 I Application for Tumover Afler Judgment and for Appointment of a Receiver and Master 11/14/2013
-> 58294653 proposed Order Granting Tumover and Appointing Receiver and Master 11/14/2013
-> 58294692 Proposed Order to Show Cause Why Application for Turnover Afler Judgment and for 11/14/2013
Appointment of a Receiver and Master Should Not Be Granted
58221562 Judgment 11/08/2013 1
-> 58221563 Aflidavil Of Names And Addresses 11/08/2013 2
-> 58221566 Filing letter 11/08/2013 I
58374140 LETTER ROGATORY ISSUED 11/08/2013 4
61 168271 WEST, WILLIAM G (CHAPTER7 TRUSTEE OF TH VS TANGUY. PHILIPPE
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