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Filing # 175476120 E-Filed 06/16/2023 10:06:10 AM
IN THE CIRCUIT COURT OF THE
4TH JUDICIAL CIRCUIT, IN AND
FOR DUVAL COUNTY, FLORIDA
CASE NO: 22-CA-006738
NATIONSTAR MORTGAGE LLC,
Plaintiff,
vs.
THE UNKNOWN HEIRS,
BENEFICIARIES, DEVISEES
GRANTEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES, AND ALL
OTHERS WHO MAY CLAIM AND
INTEREST IN THE ESTATE OF JAMES
BUCKHOLTS, DECEASED, et al,
Defendants.
/
NOTICE OF APPEARANCE and EMAIL DESIGNATION
PLEASE TAKE NOTICE that the undersigned, Christopher R. Turner, Esquire, of
Christopher R. Turner, PLLC, hereby files his Notice of Appearance as counsel for Florida
Inheritance Group, LLC, as exclusive assignee of JAMES BUCKHOLTS JR., pursuant to the
attached agreement, and pursuant to Florida Rule of Judicial Administration 2.51(b)(1)(A). Please
serve all future filings on Christopher R. Turner, Esquire, who designates his primary and
secondary e-mail service addresses for service, pursuant to Rule 2.516, Fla.R.Civ.P., as follows:
Primary e-mail address: eservice@crtlegal.com
Secondary email address: chris@ecrtlegal.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
electronic delivery to ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC,
flmail@raslg.com; and MICHELLE FUSILLO, ESQ., michelle@landmarktitle.com this 16th day of June,
2023.
CHRISTOPHER R. TURNER, PLLC
Attorneyfor Florida Inheritance Group, LLC
2600 E. Robinson St.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 06/20/2023 11:53:20 AM
Orlando, FL 32803
Telephone: 407-796-2278
Facsimile: 407-630-8737
By:__/s/ Christopher R. Turne
Florida Bar Number 47150
Service Address: eservice@ertlegal.com
RECOVERY AGREEMENT & FULL ASSIGNMENT OF SURPLUS FUNDS
This Recovery Agreement & Full Assignment of Surplus Funds (the “Agreement”) is made
between James Buckholts _ (the “Customer”), with a mailing address of qu ga
telephone number of and an email address of and
FLORIDA INHERITANCE GROUP, LLC, a Florida limited liability company primarily engaged
in the business of foreclosure surplus recovery and tax deed auctions/tax certificate surplus
recovery, with a mailing address of 555 Winderley Place Suitel09, Maitland, FL 32751,
and telephone number of 407-917-0242.
I. RECITALS
A. The parties agree that with the Customer’s signature below, the Customer exclusively and
permanently appoints Florida Inheritance Group LLC (“Assignee”) as their exclusive
Assignee to identify the existence of and/or take all reasonable steps necessary to
recover/claim any and all surplus funds and/or other monies due to Customer as a result of
the forced sale of real property situated at _3506 Glen St., Jacksonville, FL 32254 >
Florida (the “Property”); Parcel No.: 049320-0000 . The parties acknowledge
that said sale has or is scheduled to occur on 05/23/23
_ _, but agree that this Agreement is
a permanent, exclusive, and non-expiring assignment/sale/transfer by Customer of all of
their interest in said surplus fund to the Assignee which cannot be cancelled or otherwise
rescinded by Customer and survives any and all vacations/voids of sales or sale dates.
ACKNOWLEDGMENT OF CONSIDERATION AND PERMANENT ASSIGNMENT
OF INTEREST, NON-EXPIRING TERM: Customer acknowledges and agrees that the
surplus funds which may be available to Customer may not have been discovered and/or
easily obtained without the assistance of Assignee, and for that and Assignee’s continuing
customer service in attempting to recover any surplus, Customer hereby fully, completely,
and permanently assigns/sells/transfers their entire right, title, claim to and/or interest in
any and all surplus fund associated with the Property to Assignee. Customer further
expressly acknowledges and agrees that said assignment/sale/transfer is non-expiring and
permanent and cannot be rescinded or cancelled by the Customer once Customer executes
this Agreement. Assignee agrees to take all reasonable steps to recover said surplus funds
unless/until Assignee deems in its sole discretion that it is no longer practical and/or
desirable to proceed, in which case Assignee will notify Customer of same.
VOLUNTARY ASSIGNMENT NOT REQUIRED BY LAW: Customer understands and
specifically acknowledges that they are not required by law to hire or assign their interest
to anyone, whether Assignee, a lawyer, or any other company in order to claim the surplus
funds, but further expressly acknowledges and agrees that it is beneficial to Customer to
hire Assignee to assist in claiming same. Customer enters into this Agreement with
Assignee because Customer understands that in order to seek possible recovery upon their
own initiative, Customer would be required to expend time, effort and/or money, including
but not limited to the location and possible retention of an attorney to seek the recovery of
the surplus funds (though the parties again acknowledge that an attorney is not required by
law), and as such Customer feels it is in their best interest to hire Assignee to handle the
recovery process according to the terms of this Agreement. |
ACKNOWLEDGMENT THAT ASSIGNEE AND ITS AGENTS ARE NOT
ATTORNEYS AND AUTHORIZATION FOR ASSIGNEE TO SELECT AND RETAIN
AN ATTORNEY, REIMBURSEMENT TO ASSIGNEE: Customer hereby acknowledges
that Assignee and its agents/employees are not attorneys, and cannot, has/have not, and
is/are not expected to provide Customer with legal advice. Customer understands that
Assignee’s attorneys cannot provide Customer with personal legal advice, and that if
Customer desires legal advice, Customer must retain their own attorney. Customer further
fully acknowledges and agrees that, as a corporation, Assignee is required by Florida law
to retain an attorney to represent it in court, and fully authorizes Assignee to retain the
attorney of its sole choice for all court-related proceedings. If Customer’s surplus is related
to a Tax Deed or other out-of-court proceeding, then Customer fully grants/assigns to
Assignee sole authority to decide on whether an attorney of Assignee’s sole choice is
needed/wanted to assist Assignee in obtaining a successful outcome in the surplus claims
process. Customer further authorizes any such attorney selected by Assignee to submit in
Customer’s name, any and all documents which may, in Assignee’s attorney’s estimation,
may assist in Assignee’s efforts to recover Customer’s assigned/sold/transferred surplus
funds pursuant to this Agreement/Assignment. Customer further expressly desires and
approves Assignee’s advancement of any and all attorney’s fees and costs that Assignee
deems, in its sole discretion, to be advisable and/or desirable in its efforts to successfully
recover the surplus funds, and Customer understands and expressly agrees in good faith
that, since such fees and costs are separate from Assignee’s compensation under this
Agreement as described below, Assignee shall be reimbursed for said attorney’s fees and
costs from Customer’s portion of the net surplus funds under this Agreement/Assignment.
ASSIGNEE’S ATTORNEY DOES NOT REPRESENT CUSTOMER DIRECTLY:
CONSENT TO CHALLENGE/SETTLE OTHER CLAIMS; OTHER LIMITATIONS.
Customer understands and acknowledges that any attorney retained by Assignee to assist
it in recovering the surplus funds permanently assigned/sold/transferred to it by Customer,
only represents Assignee, and does not represent Customer directly. Customer
acknowledges and agrees that Assignee/Assignee’s Attorney is not required to challenge
any claims made by any other person or party, but that Assignee and/or its chosen
attorney(s) may do so if in Assignee’s sole discretion such a challenge is desirable.
Customer also acknowledges and agrees that Assignee and its chosen attomey(s) are fully
empowered to negotiate agreed orders and/or settle any and all claims made by other
persons or entities without further consent from Customer, and that this Agreement shall
operate as written proof of Customer’s full agreement to any such agreed order or
settlement. In no event shall Assignee or its attorneys provide assistance to Customer in
attempting to cancel, vacate, and/or delay the sale of the Property and/or to otherwise stop
the sale of the Property.
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COOPERATION OF CUSTOMER REQUIRED; WAIVER OF NOTICE AND
APPEARANCE UNLESS REQUIRED: Customer agrees to promptly answer/return all
calls and requests made by Assignee and/or its attorney, if any, and to otherwise fully
cooperate with Assignee and/or its attorney as needed to assist in the recovery process.
Customer waives the receipt of all Notices relating to the Assignee’s efforts to claim said
surplus funds, including but not limited to notices of hearing, copies of motions, pleadings,
and the like, and further waives their appearance at any and all hearings related to
Assignee’s claim of the surplus funds unless specifically requested by Assignee and/or
ordered by the Court (in which Customer agrees to attend any such hearing as requested
and/or ordered, and further agrees that failure to do so constitutes a material breach of this
Agreement resulting in liquidated damages.
REPAYMENT OF CASH ADVANCES: If Assignee has provided a cash advance to
Customer against the expected surplus funds and for any reason Customer’s net surplus is
insufficient to repay said cash advance(s) and/or other circumstances arise (as determined
in the sole discretion of Assignee) that cause Assignee not to be fully repaid from the
surplus funds, Customer agrees that they shall be solely responsible for repayment of all
such advances within 30 days of Assignee’s demand for same.
NO COMPETING AGREEMENTS; EFFECT OF BREACH; CONSENT TO
IMPOSITION OF LIEN(S): Customer hereby acknowledges and agrees that Customer’s
breach of any term of this Agreement is a material breach. If Customer breaches this
Agreement in any way, including but not limited to failing to cooperate with Assignee
and/or executing competing contracts with any third party competitor which in any way
attempt to interfere with the Assignee’s exclusive right to recover the permanently
assigned/sold/transferred surplus funds under this Agreement, then Customer agrees that,
regardless of whether this Agreement is upheld and/or honored in the original claims
process, Assignee shall be entitled to liquidated damages in the full amount owed to it in
fees and costs under this Agreement, plus interest and Assignee’s fully attorney’s fees and
costs associated with any such breach, including but not limited to separate actions, pre-
trial, trial, and appellate fees and costs. In the event that there is a dispute between Assignee
and Customer and/or Assignee and any other person or entity Customer may have
attempted to contract with after executing this Agreement, Customer agrees to pay 100%
of the gross surplus funds to which either party may make a claim shall be held in escrow
by the Court Registry, Clerk, and/or Assignee’s attorney (as appropriate under the
circumstances) until such time as said dispute is resolved, including separate legal actions
and appeals. Customer further agrees that Assignee may place a lien and/or lis pendens
upon any and all real and/or personal property owned in whole or in part by Customer for
the principal liquidated damages, statutory interest, and costs of
collection/enforcement/other litigation between the parties (including but not limited to
attorney’s fees and costs) t the time that any such dispute occurs.
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ASSIGNEE COMPENSATION; COSTS: The parties agree that Customer shall be
entitled to 88% of the net amount of the surplus funds (less fees and costs as set forth
herein), and that Assignee shall be entitled to 12% of the surplus funds in compensation
for its services under this Agreement (plus reimbursement of its fees and costs). Customer
acknowledges that Assignee will likely accrue certain (including but not limited to
attorney’s fees and costs as set forth herein) during the course of Assignee’s efforts in
recovering the surplus, and Customer specifically agrees that said costs are separate and
apart from Assignee’s compensation for its services under this Agreement. As such,
Customer agrees in good faith that it is fair and appropriate that assignee shall be
reimbursed for same from Customer’s net portion of the surplus funds prior to any
disbursement to the Customer.
NO FEES OR COSTS IF NO RECOVERY: The parties agree that this Agreement does
not guarantee the successful recovery of any surplus funds and acknowledge that the actual
recovery may be zero dollars. Customer fully acknowledges that the likelihood of a positive
recovery will be adversely affected if the Property was encumbered by a mortgage and/or
any other liens or judgments at the time of the foreclosure sale. If other claim are made
against the surplus by any other entity with an interest in the surplus deemed to be superior
to Customer’s interested (as assigned/sold/transferred to Assignee) such that there remain
no or inadequate surplus funds to be recovered by Assignee, the parties agree that Customer
shall not be responsible for any fees and costs incurred by Assignee, including but not
limited to attorney’s fees and costs. NOTE: This section specifically does not include any
claims made by Assignee’s competitors and/or by or at the behest of Customer in
contravention of this permanent Assignment, As the parties agree that any such claims
which impede, or defeat Assignee’s recovery efforts constitute a material breach of this
agreement which Customer specifically agrees shall result in Assignee’s entitlement to
liquidated damages as set forth above. Assignee in its sole discretion will determine
whether or not success under the terms of this Agreement is reasonably possible as
circumstances develop in the recovery process and shall only notify Customer if Assignee
deems it inadvisable to proceed.
DISBURSEMENT OF RECOVERED FUNDS: The parties agree that any and all funds
collected by Assignee shall be paid directly to Assignee and delivered to its usual place of
business or, if any attorney has assisted in the surplus claims process, to its selected
attorney’s trust account and delivered to said attorney’s usual place of business. Customer
specifically and fully authorizes and directs Assignee and/or its attorneys to disburse any
collected funds to all parties as mandated by the terms of this Agreement and/or the terms
of any relevant Court Order without any further notice to or consent from Customer.
Il. GENERAL PROVISIONS
A. ENTIRE AGREEMENT: The parties agree that this written instrument represents and
contains the entire agreement of the parties, and that any promises, inducements, terms,
etc., made by either party which are not included herein are not part of the parties’
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agreement and are waived. If any portion of this Agreement is found to be invalid by a
court of law, then the parties further agree that the provisions nof specifically deems invalid
remain in full force and effect.
TIME TO REVIEW; TERMS JOINTLY AGREED; GOOD FAITH CONDUCT: The
parties agree that they have each had adequate time to review and consider each of the
terms of this Agreement, that they have equally negotiated said terms (regardless of initial
drafting) such that neither party should be deemed the sole or primary author of same for
purposes of legal interpretation, and that each understands all of this Agreement’s terms,
or waives the opportunity to seek further information . Each party further warrants by their
respective signatures that each has had the opportunity to seek the legal counsel of their
respective choice and that each has either done so or waived the right to do so. Customer
warrants and agrees that the strain and stress of the forced sale of their real property has
not caused Customer undue emotional strain or duress which would otherwise render this
Agreement invalid. Both parties specifically acknowledge and agree that neither has
engaged in unethical conduct, and that each has acted in good faith and fair dealings with
regard to their interactions with one another, with no intent to defraud, and that each has
entered into this Agreement freely, knowingly, and voluntarily.
CONSENT TO PERSONAL JURISDICTION; MANDATORY VENUE; PREVAILING
PARTY ATTORNEY’S FEES; WAIVER OF JURY TRIAL: The parties agree that
Jurisdiction and Venue for any legal disputes between them, whether deemed to be
specifically related to this Agreement or not, shall be in the courts of
Duval County, Florida, and the parties further acknowledge and agree
that this venue provision is a mandatory venue selection as defined by Florida law. Both
parties give specific consent to personal jurisdiction in Duval County, Florida,
regardless of the county or state of their respective primary residences/business(es). Each
party hereby waives any objection that they may have based upon lack of personal
jurisdiction, improper venue or forum non conveniens. IN ANY LEGAL PROCEEDING,
EACH PARTY HEREBY KNOWINGLY AND WILLINGLY WAIVES AND
SURRENDERS THE RIGHT TO TRIAL BY JURY AND AGREES THAT ALL
LITIGATION SHALL BE TRIED TO/BY A JUDGE SITTING ALONE AS THE TRIER
OF BOTH FACT AND LAW, IN A BENCH TRIAL WITHOUT A JURY. If either party
is required to retain an attorney to enforce this Agreement or with regard to any legal
dispute between them, the prevailing party will be entitled to reasonable attorneys fees and
costs, including appellate actions. This Agreement shall be interpreted and/or enforced
under the laws of the State of Florida.
DISCLOSURE OF RECORDED PHONE CALLS: The Customer hereby agrees that
Assignee may record any and calls between Customer and Assignee on any telephone line,
whether Customer is notified at the time of the call or not, for quality assurance and
confirmation purposes, and Customer consents fully to same. Customer further agrees that
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any and all such recordings are the sole property of Assignee, and the Customer waives
any right to same.
E ACKNOWLEDGMENT OF VERACITY OF DIGITAL/ELECTRONIC SIGNATURES
FOR CONVENIENCE: Customer hereby acknowledges and agrees that they may sign this
Agreement electronically for convenience and/or efficiency, and therefore agrees that their
signature in electronic/digital form carries the same legal effect of their physical signature
and waives their right to challenge same.
TITLES FOR CONVENIENCE ONLY: Customer further acknowledges and agrees that
any and all titles used in this Agreement are for convenience and general reference only,
and are in no way meant as a limiting or specific description of each and every term
contained in a given title’s following paragraph(s).
FINANCIAL DISCLOSURE
If Executed BEFORE the Foreclosure Sale:
Approximate Assessed Value of Property per Property Appraiser: $121,249.00
NOTE: The assessed value may be lower than the actual value of the property
Approximate amount of known debt encumbering the property per Final Judgment: $_ 50,929.95
Approximate amount of known equity in the property based upon above: $_70,319.05
If Executed AFTER the Foreclosure Sale:
Foreclosure Sale Price: $
Approximate amount of Gross Surplus per the Final Judgment/Sale Price: $
EFFECTIVE DATE OF THIS AGREEMENT IS THE DATE OF CUSTOMER’S EXECUTION
3 iS Ara, DT) Apr 4, 2023
Customer Name James buckholts Date
Suan Thammpoaon.
Susan Thompson
FLORIDA INHERITANCE GROUP, LLC
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Filing # 175476120 E-Filed 06/16/2023 10:06:10 AM IN THE CIRCUIT COURT OF THE 4TH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO: 22-CA-006738 NATIONSTAR MORTGAGE LLC, Plaintiff, vs. THE UNKNOWN HEIRS, BENEFICIARIES, DEVISEES GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHERS WHO MAY CLAIM AND INTEREST IN THE ESTATE OF JAMES BUCKHOLTS, DECEASED, et al, Defendants. / NOTICE OF APPEARANCE and EMAIL DESIGNATION PLEASE TAKE NOTICE that the undersigned, Christopher R. Turner, Esquire, of Christopher R. Turner, PLLC, hereby files his Notice of Appearance as counsel for Florida Inheritance Group, LLC, as exclusive assignee of JAMES BUCKHOLTS JR., pursuant to the attached agreement, and pursuant to Florida Rule of Judicial Administration 2.51(b)(1)(A). Please serve all future filings on Christopher R. Turner, Esquire, who designates his primary and secondary e-mail service addresses for service, pursuant to Rule 2.516, Fla.R.Civ.P., as follows: Primary e-mail address: eservice@crtlegal.com Secondary email address: chris@ecrtlegal.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic delivery to ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC, flmail@raslg.com; and MICHELLE FUSILLO, ESQ., michelle@landmarktitle.com this 16th day of June, 2023. CHRISTOPHER R. TURNER, PLLC Attorneyfor Florida Inheritance Group, LLC 2600 E. Robinson St. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 06/20/2023 11:53:20 AM Orlando, FL 32803 Telephone: 407-796-2278 Facsimile: 407-630-8737 By:__/s/ Christopher R. Turne Florida Bar Number 47150 Service Address: eservice@ertlegal.com RECOVERY AGREEMENT & FULL ASSIGNMENT OF SURPLUS FUNDS This Recovery Agreement & Full Assignment of Surplus Funds (the “Agreement”) is made between James Buckholts _ (the “Customer”), with a mailing address of qu ga telephone number of and an email address of and FLORIDA INHERITANCE GROUP, LLC, a Florida limited liability company primarily engaged in the business of foreclosure surplus recovery and tax deed auctions/tax certificate surplus recovery, with a mailing address of 555 Winderley Place Suitel09, Maitland, FL 32751, and telephone number of 407-917-0242. I. RECITALS A. The parties agree that with the Customer’s signature below, the Customer exclusively and permanently appoints Florida Inheritance Group LLC (“Assignee”) as their exclusive Assignee to identify the existence of and/or take all reasonable steps necessary to recover/claim any and all surplus funds and/or other monies due to Customer as a result of the forced sale of real property situated at _3506 Glen St., Jacksonville, FL 32254 > Florida (the “Property”); Parcel No.: 049320-0000 . The parties acknowledge that said sale has or is scheduled to occur on 05/23/23 _ _, but agree that this Agreement is a permanent, exclusive, and non-expiring assignment/sale/transfer by Customer of all of their interest in said surplus fund to the Assignee which cannot be cancelled or otherwise rescinded by Customer and survives any and all vacations/voids of sales or sale dates. ACKNOWLEDGMENT OF CONSIDERATION AND PERMANENT ASSIGNMENT OF INTEREST, NON-EXPIRING TERM: Customer acknowledges and agrees that the surplus funds which may be available to Customer may not have been discovered and/or easily obtained without the assistance of Assignee, and for that and Assignee’s continuing customer service in attempting to recover any surplus, Customer hereby fully, completely, and permanently assigns/sells/transfers their entire right, title, claim to and/or interest in any and all surplus fund associated with the Property to Assignee. Customer further expressly acknowledges and agrees that said assignment/sale/transfer is non-expiring and permanent and cannot be rescinded or cancelled by the Customer once Customer executes this Agreement. Assignee agrees to take all reasonable steps to recover said surplus funds unless/until Assignee deems in its sole discretion that it is no longer practical and/or desirable to proceed, in which case Assignee will notify Customer of same. VOLUNTARY ASSIGNMENT NOT REQUIRED BY LAW: Customer understands and specifically acknowledges that they are not required by law to hire or assign their interest to anyone, whether Assignee, a lawyer, or any other company in order to claim the surplus funds, but further expressly acknowledges and agrees that it is beneficial to Customer to hire Assignee to assist in claiming same. Customer enters into this Agreement with Assignee because Customer understands that in order to seek possible recovery upon their own initiative, Customer would be required to expend time, effort and/or money, including but not limited to the location and possible retention of an attorney to seek the recovery of the surplus funds (though the parties again acknowledge that an attorney is not required by law), and as such Customer feels it is in their best interest to hire Assignee to handle the recovery process according to the terms of this Agreement. | ACKNOWLEDGMENT THAT ASSIGNEE AND ITS AGENTS ARE NOT ATTORNEYS AND AUTHORIZATION FOR ASSIGNEE TO SELECT AND RETAIN AN ATTORNEY, REIMBURSEMENT TO ASSIGNEE: Customer hereby acknowledges that Assignee and its agents/employees are not attorneys, and cannot, has/have not, and is/are not expected to provide Customer with legal advice. Customer understands that Assignee’s attorneys cannot provide Customer with personal legal advice, and that if Customer desires legal advice, Customer must retain their own attorney. Customer further fully acknowledges and agrees that, as a corporation, Assignee is required by Florida law to retain an attorney to represent it in court, and fully authorizes Assignee to retain the attorney of its sole choice for all court-related proceedings. If Customer’s surplus is related to a Tax Deed or other out-of-court proceeding, then Customer fully grants/assigns to Assignee sole authority to decide on whether an attorney of Assignee’s sole choice is needed/wanted to assist Assignee in obtaining a successful outcome in the surplus claims process. Customer further authorizes any such attorney selected by Assignee to submit in Customer’s name, any and all documents which may, in Assignee’s attorney’s estimation, may assist in Assignee’s efforts to recover Customer’s assigned/sold/transferred surplus funds pursuant to this Agreement/Assignment. Customer further expressly desires and approves Assignee’s advancement of any and all attorney’s fees and costs that Assignee deems, in its sole discretion, to be advisable and/or desirable in its efforts to successfully recover the surplus funds, and Customer understands and expressly agrees in good faith that, since such fees and costs are separate from Assignee’s compensation under this Agreement as described below, Assignee shall be reimbursed for said attorney’s fees and costs from Customer’s portion of the net surplus funds under this Agreement/Assignment. ASSIGNEE’S ATTORNEY DOES NOT REPRESENT CUSTOMER DIRECTLY: CONSENT TO CHALLENGE/SETTLE OTHER CLAIMS; OTHER LIMITATIONS. Customer understands and acknowledges that any attorney retained by Assignee to assist it in recovering the surplus funds permanently assigned/sold/transferred to it by Customer, only represents Assignee, and does not represent Customer directly. Customer acknowledges and agrees that Assignee/Assignee’s Attorney is not required to challenge any claims made by any other person or party, but that Assignee and/or its chosen attorney(s) may do so if in Assignee’s sole discretion such a challenge is desirable. Customer also acknowledges and agrees that Assignee and its chosen attomey(s) are fully empowered to negotiate agreed orders and/or settle any and all claims made by other persons or entities without further consent from Customer, and that this Agreement shall operate as written proof of Customer’s full agreement to any such agreed order or settlement. In no event shall Assignee or its attorneys provide assistance to Customer in attempting to cancel, vacate, and/or delay the sale of the Property and/or to otherwise stop the sale of the Property. Jb Initials COOPERATION OF CUSTOMER REQUIRED; WAIVER OF NOTICE AND APPEARANCE UNLESS REQUIRED: Customer agrees to promptly answer/return all calls and requests made by Assignee and/or its attorney, if any, and to otherwise fully cooperate with Assignee and/or its attorney as needed to assist in the recovery process. Customer waives the receipt of all Notices relating to the Assignee’s efforts to claim said surplus funds, including but not limited to notices of hearing, copies of motions, pleadings, and the like, and further waives their appearance at any and all hearings related to Assignee’s claim of the surplus funds unless specifically requested by Assignee and/or ordered by the Court (in which Customer agrees to attend any such hearing as requested and/or ordered, and further agrees that failure to do so constitutes a material breach of this Agreement resulting in liquidated damages. REPAYMENT OF CASH ADVANCES: If Assignee has provided a cash advance to Customer against the expected surplus funds and for any reason Customer’s net surplus is insufficient to repay said cash advance(s) and/or other circumstances arise (as determined in the sole discretion of Assignee) that cause Assignee not to be fully repaid from the surplus funds, Customer agrees that they shall be solely responsible for repayment of all such advances within 30 days of Assignee’s demand for same. NO COMPETING AGREEMENTS; EFFECT OF BREACH; CONSENT TO IMPOSITION OF LIEN(S): Customer hereby acknowledges and agrees that Customer’s breach of any term of this Agreement is a material breach. If Customer breaches this Agreement in any way, including but not limited to failing to cooperate with Assignee and/or executing competing contracts with any third party competitor which in any way attempt to interfere with the Assignee’s exclusive right to recover the permanently assigned/sold/transferred surplus funds under this Agreement, then Customer agrees that, regardless of whether this Agreement is upheld and/or honored in the original claims process, Assignee shall be entitled to liquidated damages in the full amount owed to it in fees and costs under this Agreement, plus interest and Assignee’s fully attorney’s fees and costs associated with any such breach, including but not limited to separate actions, pre- trial, trial, and appellate fees and costs. In the event that there is a dispute between Assignee and Customer and/or Assignee and any other person or entity Customer may have attempted to contract with after executing this Agreement, Customer agrees to pay 100% of the gross surplus funds to which either party may make a claim shall be held in escrow by the Court Registry, Clerk, and/or Assignee’s attorney (as appropriate under the circumstances) until such time as said dispute is resolved, including separate legal actions and appeals. Customer further agrees that Assignee may place a lien and/or lis pendens upon any and all real and/or personal property owned in whole or in part by Customer for the principal liquidated damages, statutory interest, and costs of collection/enforcement/other litigation between the parties (including but not limited to attorney’s fees and costs) t the time that any such dispute occurs. Jb Initials ASSIGNEE COMPENSATION; COSTS: The parties agree that Customer shall be entitled to 88% of the net amount of the surplus funds (less fees and costs as set forth herein), and that Assignee shall be entitled to 12% of the surplus funds in compensation for its services under this Agreement (plus reimbursement of its fees and costs). Customer acknowledges that Assignee will likely accrue certain (including but not limited to attorney’s fees and costs as set forth herein) during the course of Assignee’s efforts in recovering the surplus, and Customer specifically agrees that said costs are separate and apart from Assignee’s compensation for its services under this Agreement. As such, Customer agrees in good faith that it is fair and appropriate that assignee shall be reimbursed for same from Customer’s net portion of the surplus funds prior to any disbursement to the Customer. NO FEES OR COSTS IF NO RECOVERY: The parties agree that this Agreement does not guarantee the successful recovery of any surplus funds and acknowledge that the actual recovery may be zero dollars. Customer fully acknowledges that the likelihood of a positive recovery will be adversely affected if the Property was encumbered by a mortgage and/or any other liens or judgments at the time of the foreclosure sale. If other claim are made against the surplus by any other entity with an interest in the surplus deemed to be superior to Customer’s interested (as assigned/sold/transferred to Assignee) such that there remain no or inadequate surplus funds to be recovered by Assignee, the parties agree that Customer shall not be responsible for any fees and costs incurred by Assignee, including but not limited to attorney’s fees and costs. NOTE: This section specifically does not include any claims made by Assignee’s competitors and/or by or at the behest of Customer in contravention of this permanent Assignment, As the parties agree that any such claims which impede, or defeat Assignee’s recovery efforts constitute a material breach of this agreement which Customer specifically agrees shall result in Assignee’s entitlement to liquidated damages as set forth above. Assignee in its sole discretion will determine whether or not success under the terms of this Agreement is reasonably possible as circumstances develop in the recovery process and shall only notify Customer if Assignee deems it inadvisable to proceed. DISBURSEMENT OF RECOVERED FUNDS: The parties agree that any and all funds collected by Assignee shall be paid directly to Assignee and delivered to its usual place of business or, if any attorney has assisted in the surplus claims process, to its selected attorney’s trust account and delivered to said attorney’s usual place of business. Customer specifically and fully authorizes and directs Assignee and/or its attorneys to disburse any collected funds to all parties as mandated by the terms of this Agreement and/or the terms of any relevant Court Order without any further notice to or consent from Customer. Il. GENERAL PROVISIONS A. ENTIRE AGREEMENT: The parties agree that this written instrument represents and contains the entire agreement of the parties, and that any promises, inducements, terms, etc., made by either party which are not included herein are not part of the parties’ Jb Initials agreement and are waived. If any portion of this Agreement is found to be invalid by a court of law, then the parties further agree that the provisions nof specifically deems invalid remain in full force and effect. TIME TO REVIEW; TERMS JOINTLY AGREED; GOOD FAITH CONDUCT: The parties agree that they have each had adequate time to review and consider each of the terms of this Agreement, that they have equally negotiated said terms (regardless of initial drafting) such that neither party should be deemed the sole or primary author of same for purposes of legal interpretation, and that each understands all of this Agreement’s terms, or waives the opportunity to seek further information . Each party further warrants by their respective signatures that each has had the opportunity to seek the legal counsel of their respective choice and that each has either done so or waived the right to do so. Customer warrants and agrees that the strain and stress of the forced sale of their real property has not caused Customer undue emotional strain or duress which would otherwise render this Agreement invalid. Both parties specifically acknowledge and agree that neither has engaged in unethical conduct, and that each has acted in good faith and fair dealings with regard to their interactions with one another, with no intent to defraud, and that each has entered into this Agreement freely, knowingly, and voluntarily. CONSENT TO PERSONAL JURISDICTION; MANDATORY VENUE; PREVAILING PARTY ATTORNEY’S FEES; WAIVER OF JURY TRIAL: The parties agree that Jurisdiction and Venue for any legal disputes between them, whether deemed to be specifically related to this Agreement or not, shall be in the courts of Duval County, Florida, and the parties further acknowledge and agree that this venue provision is a mandatory venue selection as defined by Florida law. Both parties give specific consent to personal jurisdiction in Duval County, Florida, regardless of the county or state of their respective primary residences/business(es). Each party hereby waives any objection that they may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. IN ANY LEGAL PROCEEDING, EACH PARTY HEREBY KNOWINGLY AND WILLINGLY WAIVES AND SURRENDERS THE RIGHT TO TRIAL BY JURY AND AGREES THAT ALL LITIGATION SHALL BE TRIED TO/BY A JUDGE SITTING ALONE AS THE TRIER OF BOTH FACT AND LAW, IN A BENCH TRIAL WITHOUT A JURY. If either party is required to retain an attorney to enforce this Agreement or with regard to any legal dispute between them, the prevailing party will be entitled to reasonable attorneys fees and costs, including appellate actions. This Agreement shall be interpreted and/or enforced under the laws of the State of Florida. DISCLOSURE OF RECORDED PHONE CALLS: The Customer hereby agrees that Assignee may record any and calls between Customer and Assignee on any telephone line, whether Customer is notified at the time of the call or not, for quality assurance and confirmation purposes, and Customer consents fully to same. Customer further agrees that Jb Initials any and all such recordings are the sole property of Assignee, and the Customer waives any right to same. E ACKNOWLEDGMENT OF VERACITY OF DIGITAL/ELECTRONIC SIGNATURES FOR CONVENIENCE: Customer hereby acknowledges and agrees that they may sign this Agreement electronically for convenience and/or efficiency, and therefore agrees that their signature in electronic/digital form carries the same legal effect of their physical signature and waives their right to challenge same. TITLES FOR CONVENIENCE ONLY: Customer further acknowledges and agrees that any and all titles used in this Agreement are for convenience and general reference only, and are in no way meant as a limiting or specific description of each and every term contained in a given title’s following paragraph(s). FINANCIAL DISCLOSURE If Executed BEFORE the Foreclosure Sale: Approximate Assessed Value of Property per Property Appraiser: $121,249.00 NOTE: The assessed value may be lower than the actual value of the property Approximate amount of known debt encumbering the property per Final Judgment: $_ 50,929.95 Approximate amount of known equity in the property based upon above: $_70,319.05 If Executed AFTER the Foreclosure Sale: Foreclosure Sale Price: $ Approximate amount of Gross Surplus per the Final Judgment/Sale Price: $ EFFECTIVE DATE OF THIS AGREEMENT IS THE DATE OF CUSTOMER’S EXECUTION 3 iS Ara, DT) Apr 4, 2023 Customer Name James buckholts Date Suan Thammpoaon. Susan Thompson FLORIDA INHERITANCE GROUP, LLC Jb Initials