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CAUSE NO. DC-16-04654
DAVID PICKETT, TRUSTEE OF THE IN THE DISTRICT COURT
ALBERT HILL TRUST,
Plaintiff,
V. 162nd JUDICIAL DISTRICT
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ALBERT G. HILL, III
and
ERIN NANCE HILL,
Defendants. DALLAS COUNTY, TEXAS
AMENDED ORDER GRANTING RECEIVER’S
AGREED VERIFIED MOTION TO APPROVE SALE OF
FURNITURE AND CONTErNTS AND APPROVE DISTRLBQTION OF PROCEEDS
On this day, the Court considered the Receiver’s Agreed Verified Motion to
Approve Sale of Furniture and Contents and Approve Distribution of Proceeds (the
“Motion”). The Court, after hearing pleadings, evidence, and arguments of counsel, is of
the opinion that the Motion should be GRANTED.
Em
IN GRANTING THE RELIEF, THE COURT MAKES THE FOLLOWING FINDINGS:
1. On August 22, 2016, the Court entered an order appointing Kevin Buchanan
(the “Receiver”) to be receiver to sell certain real and personal property
located at 4433 Bordeaux Avenue, Dallas, Texas 75205 (the “Receivership
Order”). The Receivership Order orders the Receiver Bordeaux
to “sell the
Property (including its contents) at a private sale.” Receivership Order at 3.
Previously, Intervenors Campbell Harrison & Dagley, LLP and Calloway,
Norris, Burdette & Weber, PLLC (collectively, the “|ntervenors”) intervened
into this case on or about August 10, 2016, to assert their judgment lien
against Defendants Albert G. Hill, ||| and Erin Nance Hill’s (collectively the
"Defendants”) property located at 4433 Bordeaux Avenue, Dallas, Texas
75205, which Intervenors had abstracted and recorded in the Official Public
Records of Dallas County on or about October 15, 2015, as identified by
County Clerk’s file No. 2015—00264981.
AMENDED ORDER GRANTING RECEIVER’S
AGREED VERIFIED MOTION TO APPROVE SALE OF
FURNITURE AND CONTEATS AND APPROVE_QISTRI§UTION OF PROCEEDS — PAGE 1
2. On December 16, 2016, the Court approved the sale of the real property
located at 4433 Bordeaux Avenue, Dallas, Texas 75205 to Downtown, Inc.
in the amount of $3,200,000 (“Order Approving Sale of Real Estate”). By
way of a subsequent order dated January 23, 2017, the Court ordered the
sales proceeds of the real estate located at 4433 Bordeaux Avenue, Dallas,
Texas 75205 divided 80% to the Albert Hill Trust (the “Trust”), and 20% to
Defendants, according to the parties’ percentage ownership in the
Bordeaux Property (“Order Approving Distribution"), after payment to the
Receiver and certain reimbursements to the Trust; however, the Court
awarded the 20% of the sales proceeds for Defendants to the Intervenors
in partial satisfaction of the lntervenors’ judgment lien. The entry of the
Order Approving Sale of Real Estate did not address the disposition of the
contents 0f the Bordeaux Property.
3. David Pickett is an attorney at the Law Office of Pickett and Associates. He
serves as Trustee of the Albert Hill Trust and an attorney for Albert G. Hill,
Jr.
4. On or aboutAugust 12, 2016, the Court entered a Default Judgment against
Defendants. The Defendants have not appeared in this case despite having
been cited to appear and having received notice of all filings.
5. On or aboutAugust 22, 2016, the Court entered an “Order Granting
Plaintiffs Motion to Determine Parties’ Interests in Property, that Property
is Not Susceptible to Partition in Kind, Order of Sale, and Appointment of
Receiver" (the “Receivership Order"). The Receivership Order appointed
Kevin Buchanan as Receiver. The Receivership Order orders the Receiver
to “sell the Bordeaux Property (including its contents) at a private sale.”
Receivership Order at 3.
6. The Bordeaux PrOperty was owned by the Trust and the Defendants, with
the Trust owning an eighty percent (80%) undivided interest in and to the
real property and personal property, and the Defendants owning the
remaining twenty percent (20%) undivided interest in and to the real
property and personal property.
7. The Trust acquired its eighty percent (80%) interest in the Bordeaux
Property effective July 1, 2004 in exchange for the sum of $3,100,000.
Pursuant to a Real Estate Sales Contract (effective July 1, 2014), the Trust
was to pay Defendants $3,100,000 in exchange for an eighty percent (80%)
undivided interest in and Bordeaux Property and Defendants were
to the to
deliver possession of the Bordeaux Property to the Trust at closing.
8. Pursuant to a General Warranty Deed (dated July 1, 2004, and recorded
electronicallyon July 28, 2009, as Document 200900214515 in the real
property records of Dallas County, Texas), Defendants are the grantors and
AMENDED ORDER GRANTING RECEIVER’S
AGREED VERIFIED MOTION TO APPROVE SALE OF
FURNITURE AND CONTErNTS AND APPROVE_DISTRIBUT|ON OF PROCjEEDS — PAGE 2
the Trust the grantee of an eighty percent (80%) undivided interest in and
is
to the Bordeaux Property and stating that the legal description of the
Bordeaux Property is:
Lot 11, Block 108 of Highland Park West Addition, Eight
Installment, an addition to the City of Highland Park, Dallas
County, Texas, according to the plat thereof recorded in
Volume 5, Page 206, Map Records, Dallas County, Texas.
Pursuant to a Bill of Sale (dated July 1, 2004), the Trust purchased from
Defendants an eighty percent (80%) undivided interest in and to all items of
personal property, both tangible and intangible (excluding cash), affixed or
attached to, or placed or situated on, or used or acquired in any way
whatsoever in connection with the completion and comfortable use,
enjoyment, occupancy, or operation of the Bordeaux Property, including all
furniture, appliances, and fixtures owned by Defendants and located in or
used in connection with the Bordeaux Property, and all of Defendants’
interest in use, occupancy, building, and operating permits (the “July
all 1,
2004 Transaction”).
10. The Trust Check Number 4000620 dated July 2,
delivered to Defendants
2004, paying Defendants $3,100,000 pursuant to the July 1, 2004
Transaction. As a result of the July 1, 2004 Transaction, The Trust and
Defendants became joint owners (or co-owners) of the Bordeaux Property.
11. As a 2004 Transaction, the Trust owned an eighty
result of the July 1,
percent (80%) undivided interest in and to the Bordeaux Property (including
in and to all items of personal property), and Defendants owned a twenty
percent (20%) interest in and to the Bordeaux Property.
12. The Trust continuously maintained its eighty percent (80%) interest in the
real property portion of the Bordeaux Property through the date of the sale
of the real property portion of the Bordeaux Property as approved by this
Court on December 16, 2016. The Trust has continuously maintained its
interest in the Furniture and Contents of the Bordeaux Property through the
date ofthe filing ofthis Motion. As such, in January and February of 2013,
the Trust owned eighty percent (80%) of the Bordeaux Property as a result
of the July 1, 2004 Transaction.
13. In January and February of 2013, Defendants were not living in the
Bordeaux Property as they had abandoned it previously and moved to
Atlanta, Georgia, in 201 1.
14. After an investigation and upon good faith and belief, the Receiver states
that either January or February of 2013, David Pickett, as Trustee of the
in
Trust, the owner of an eighty percent (80%) undivided interest in and to the
AMENDED ORDER GRANTING RECEIVER’S
AGREED VERIFIED MOTION TO APPROVE SALE OF
FURNITUEEAND CONTENTS AN_D APPROVE DISTRflTION 0F PROCEEDS — PAGE 3
Bordeaux Property and to all items of personal property) and
(including in
with a right to possession of the Bordeaux Property, exercised his right to
consent to a search of the Bordeaux Property by the Dallas County District
Attorney’s Office (the “D.A.’s Office”), when asked to do so by the D.A.’s
Office.
15. On or about February 20, 2013, David Pickett, the Trustee of the Trust,
executed a “Consent to Search" provided to him by the D.A.’s Office to allow
representatives of the D.A.’s Office to search the Bordeaux Property.
16. On or about February 21, 2013, the Trustee, David Pickett, met
representatives from the D.A.’s Office, and two police officers from the
Highland Park Department of Public Safety, at the Bordeaux Property, and
representatives from the D.A.‘s Office inspected the Bordeaux Property.
17. On or about February 21, 2013, after their inspection of the Bordeaux
Property, representatives from the D.A.‘s Office provided the Trustee, David
Pickett, with a document marked as “Property Receipt" which listed nine
items (A-l).
18. Also on or about February 21, 2013, after their inspection of the Bordeaux
Property, representatives from the D.A.‘s Office provided the Trustee, David
Pickett, with a document marked “Inventory List” which listed the contents
of the Bordeaux Property (the “Furniture and Contents").
19. Elizabeth Robertson is the President of Elizabeth Robertson Design, Inc.,
an interior decorating business in Dallas, Texas, who is familiar with the
Bordeaux Property. As a part of his investigation into the disposition of the
Furniture and Contents of the Bordeaux Property, the Receiver has worked
with and interviewed Ms. Robertson.
20. Ms. Robertson was retained by the Trust, prior to the Receiver’s
appointment, to assist the Trust in the repair and restoration of the Bordeaux
Property due to prior negiect and water damage caused by the
abandonment of the Bordeaux Property. After his appointment, the
Receiver retained Ms. Robertson to assist with preparing the Bordeaux
Property for marketing and sale, and with salvaging and selling the Furniture
and Contents of the Bordeaux Property.
21. Ms. Robertson engaged Nick Brock Antiques and Milton Kent Antiques to
sellthe furniture salvaged from the Bordeaux Property. The total collections
from those sales were $4,404.00. Those funds are being held by the Trust
pending an order from the Court regarding distribution.
22. At the direction and request of the Receiver, Ms. Robertson has reviewed
and analyzed the document marked “Inventory List” provided to David
AMENDED ORDER GRANTING RECEIVER’S
AGREED VERIFIED MOTION TO APPROVE SALE OF
FURNITURE AND CONTENTS AND APPROVE DISTRIBUTION OF PROCEEDS — PAGE 4
Picketton or about February 21, 2013 after the inspection of the Bordeaux
Property by the D.A.’s Office. Ms. Robertson has made an accounting of
the contents of the Bordeaux Property by comparing the “Inventory List” to
(1) the list of items sold by Nick Brock Antiques, (2) the list of items sold by
Milton Kent Antiques, (3) and the remaining unsold salvaged Furniture and
Contents.
23. Ms. Robertson has advised the Receiver that the assessed value of the
remaining salvaged Furniture and Contents listed in Exhibit 1 to this Order
is $36,000. The assessed value is the value of the property before
marketing (for example, consignment and auction percentages) and
storage costs are taken into account. Ms. Robertson’s methodology at
arriving at the assessed value included her background and expertise in
marketing personal property of this type, the sales history of the property as
reflected in the sales by Nick Brock Antiques and Milton Kent Antiques. The
Furniture and Contents have been on the market for several years.
24. The Receiver has received an from Downtown, Inc. for the purchase
offer
ofthe remaining Furniture and Contents in the amount of $25,200. It is Ms.
Robertson’s opinion and recommendation to the Receiver that the
remaining property be sold to Downtown, Inc. for $25,200 in order to
facilitate concluding the receivership and this case as set forth in Exhibit 4-
5 to the Affidavit of Elizabeth Robertson (which is attached hereto as Exhibit
1). Neither the Receiver nor Ms. Robertson has identified anyone eise who
is willing to purchase these remaining items of Furniture and Contents. The
Receiver concurs with Ms. Robertson’s recommendation. The $25,200
proposed sales price represents a thirty percent (30%) discount off the
assessed value of $36,000 ($36,000 x .30 = $10,800)($36,000 - $10,800 =
$25,200). The Receiver has confirmed that this is a conservative
calculation of the fee that a consignment shop would take as a part of any
individual piece of the remaining salvaged property.
ORDERS
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Receiver’s
Motion is GRANTED.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that David Pickett, as
Trustee of the Trust, the owner of an eighty percent (80%) undivided interest in and to the
Bordeaux Property (including in and to all items of personal property) and with a right to
possession of the Bordeaux Property, had the right to consent to a search of the Bordeaux
AMENDED ORDER GRANTING RECEIVER’S
AGREED VERIFIED MOTION TO APPROVE SALE OF
FURNITURE AND CONTfldTS A&APPROVE DISTRI§UTION OF PROCEEDS — PAGE 5
Property by the D.A.’s Office, when asked to do so by the D.A.’s Office on or about
February 20 or 21, 2013.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that as of on or about
February 21, 2013, the complete contents of the Bordeaux Property were as stated on
the document entitled “Inventory List” prepared by the D.A.‘s Office and provided to David
Pickett, Trustee of the Trust. Exhibit 3-K to the Affidavit of David Pickett; Exhibit 4-3 to
the Affidavit of Elizabeth Robertson.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED thatthe Receiver, with
assistance from Elizabeth Robertson, has accounted for the entire contents of the
Bordeaux Property (Le. the Furniture and Contents), as stated on the Inventory List
prepared by the D.A.‘s Office, as set forth on Exhibit 4-4 to the Affidavit of Elizabeth
Robertson.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the previous sales
of the Furniture and Contents by the Trust through Nick Brock Antiques in the amount of
$4,404.00 and through Milton Kent Antiques are approved by this Court. The Trust is
hereby ORDERED to transfer these sales proceeds in its possession to the Receiver for
distribution in accordance with this Order.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the sale of the
Furniture and Contents, as stated on Exhibit 4-5 to the Affidavit of Elizabeth Robertson,
by the Receiver to Downtown, Inc. in the amount of $25,200.00 is approved by this Court.
Downtown, Inc. is hereby ORDERED to transfer these sales proceeds to the Receiver for
distribution in accordance with this Order.
AMENDED ORDER GRANTING RECEIVER’S
AGREED VERIFIED MOTION TO APPROVE SALE OF
FURNITURE ANLCONTENTS ANQ APPROVQSTRIBfiUTION OF PROCEEDS -- PAGE 6
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Receiver is
authorized and directed to execute all documents that are reasonably necessary to effect
the sale and conveyance and to deliver possession of the Furniture and Contents to
Downtown, Inc. when it has complied with its obligations as stated in this Order.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Receiver’s
compensation of $7,500.00 for reasonable and necessary fees and unreimbursed
expenses is hereby approved.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Receiver is
authorized to distribute the funds received as set forth above as follows:
Payee Amount
Kevin Buchanan $7,500.00
David Pickett, Trustee of the Albert Hill Trust $17,683.20
(representing 80% of the remaining proceeds)
Intervenors Campbell Harrison & Dagley, LLP
and Calloway, Norris, Burdette & Weber, PLLC
c/o Wright & Close, LLP
(representing 20% of the remaining proceeds) $4,420.80
TOTAL AMOUNT TO BE RECEIVED AND
DISTRIBUTED BY THE RECEIVER: $29,604.00
so ORDERED on this
M day of
mMW ,2017.
J DGE PRE DING
AMENDED ORDER GRANTING RECEIVER's
AGREED VERIFIED MOTION To APPROVE SALE 0F
FURNITURE ANp CONTENTS AN_D APPROVQISTRIQTION 0F PROCEEDS — PAGE 7
AGREED AS TO FORM AND CONTENT:
/s/ G. Kevin Buchanan
G. Kevin Buchanan,
Court—Appointed Receiver
Tom M. Dees.
/s/ III
Tom M. Dees, III,
Counsel for Plaintiff
/s/ Patrick McAndrew
Patrick McAndrew,
Counsel for Intervenors
AGREED AS TO FORM ONLY:
/s/ Tv Clevenfir
Ty Clevenger,
Counsel for Defendants
AMENDED ORDER GRANTING RECEIVER’S
AGREED VERIFIED MOTION TO APPROVE SALE OF
FURNITURE AND CONTENTS ANQAPPROVLDISTRIQUTION 0F PROCEEDS — PAGE 8
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CAUSE NO. DC-16-04654 DAVID PICKETT, TRUSTEE OF THE IN THE DISTRICT COURT ALBERT HILL TRUST, Plaintiff, V. 162nd JUDICIAL DISTRICT wwwwmmwwmwwm ALBERT G. HILL, III and ERIN NANCE HILL, Defendants. DALLAS COUNTY, TEXAS AMENDED ORDER GRANTING RECEIVER’S AGREED VERIFIED MOTION TO APPROVE SALE OF FURNITURE AND CONTErNTS AND APPROVE DISTRLBQTION OF PROCEEDS On this day, the Court considered the Receiver’s Agreed Verified Motion to Approve Sale of Furniture and Contents and Approve Distribution of Proceeds (the “Motion”). The Court, after hearing pleadings, evidence, and arguments of counsel, is of the opinion that the Motion should be GRANTED. Em IN GRANTING THE RELIEF, THE COURT MAKES THE FOLLOWING FINDINGS: 1. On August 22, 2016, the Court entered an order appointing Kevin Buchanan (the “Receiver”) to be receiver to sell certain real and personal property located at 4433 Bordeaux Avenue, Dallas, Texas 75205 (the “Receivership Order”). The Receivership Order orders the Receiver Bordeaux to “sell the Property (including its contents) at a private sale.” Receivership Order at 3. Previously, Intervenors Campbell Harrison & Dagley, LLP and Calloway, Norris, Burdette & Weber, PLLC (collectively, the “|ntervenors”) intervened into this case on or about August 10, 2016, to assert their judgment lien against Defendants Albert G. Hill, ||| and Erin Nance Hill’s (collectively the "Defendants”) property located at 4433 Bordeaux Avenue, Dallas, Texas 75205, which Intervenors had abstracted and recorded in the Official Public Records of Dallas County on or about October 15, 2015, as identified by County Clerk’s file No. 2015—00264981. AMENDED ORDER GRANTING RECEIVER’S AGREED VERIFIED MOTION TO APPROVE SALE OF FURNITURE AND CONTEATS AND APPROVE_QISTRI§UTION OF PROCEEDS — PAGE 1 2. On December 16, 2016, the Court approved the sale of the real property located at 4433 Bordeaux Avenue, Dallas, Texas 75205 to Downtown, Inc. in the amount of $3,200,000 (“Order Approving Sale of Real Estate”). By way of a subsequent order dated January 23, 2017, the Court ordered the sales proceeds of the real estate located at 4433 Bordeaux Avenue, Dallas, Texas 75205 divided 80% to the Albert Hill Trust (the “Trust”), and 20% to Defendants, according to the parties’ percentage ownership in the Bordeaux Property (“Order Approving Distribution"), after payment to the Receiver and certain reimbursements to the Trust; however, the Court awarded the 20% of the sales proceeds for Defendants to the Intervenors in partial satisfaction of the lntervenors’ judgment lien. The entry of the Order Approving Sale of Real Estate did not address the disposition of the contents 0f the Bordeaux Property. 3. David Pickett is an attorney at the Law Office of Pickett and Associates. He serves as Trustee of the Albert Hill Trust and an attorney for Albert G. Hill, Jr. 4. On or aboutAugust 12, 2016, the Court entered a Default Judgment against Defendants. The Defendants have not appeared in this case despite having been cited to appear and having received notice of all filings. 5. On or aboutAugust 22, 2016, the Court entered an “Order Granting Plaintiffs Motion to Determine Parties’ Interests in Property, that Property is Not Susceptible to Partition in Kind, Order of Sale, and Appointment of Receiver" (the “Receivership Order"). The Receivership Order appointed Kevin Buchanan as Receiver. The Receivership Order orders the Receiver to “sell the Bordeaux Property (including its contents) at a private sale.” Receivership Order at 3. 6. The Bordeaux PrOperty was owned by the Trust and the Defendants, with the Trust owning an eighty percent (80%) undivided interest in and to the real property and personal property, and the Defendants owning the remaining twenty percent (20%) undivided interest in and to the real property and personal property. 7. The Trust acquired its eighty percent (80%) interest in the Bordeaux Property effective July 1, 2004 in exchange for the sum of $3,100,000. Pursuant to a Real Estate Sales Contract (effective July 1, 2014), the Trust was to pay Defendants $3,100,000 in exchange for an eighty percent (80%) undivided interest in and Bordeaux Property and Defendants were to the to deliver possession of the Bordeaux Property to the Trust at closing. 8. Pursuant to a General Warranty Deed (dated July 1, 2004, and recorded electronicallyon July 28, 2009, as Document 200900214515 in the real property records of Dallas County, Texas), Defendants are the grantors and AMENDED ORDER GRANTING RECEIVER’S AGREED VERIFIED MOTION TO APPROVE SALE OF FURNITURE AND CONTErNTS AND APPROVE_DISTRIBUT|ON OF PROCjEEDS — PAGE 2 the Trust the grantee of an eighty percent (80%) undivided interest in and is to the Bordeaux Property and stating that the legal description of the Bordeaux Property is: Lot 11, Block 108 of Highland Park West Addition, Eight Installment, an addition to the City of Highland Park, Dallas County, Texas, according to the plat thereof recorded in Volume 5, Page 206, Map Records, Dallas County, Texas. Pursuant to a Bill of Sale (dated July 1, 2004), the Trust purchased from Defendants an eighty percent (80%) undivided interest in and to all items of personal property, both tangible and intangible (excluding cash), affixed or attached to, or placed or situated on, or used or acquired in any way whatsoever in connection with the completion and comfortable use, enjoyment, occupancy, or operation of the Bordeaux Property, including all furniture, appliances, and fixtures owned by Defendants and located in or used in connection with the Bordeaux Property, and all of Defendants’ interest in use, occupancy, building, and operating permits (the “July all 1, 2004 Transaction”). 10. The Trust Check Number 4000620 dated July 2, delivered to Defendants 2004, paying Defendants $3,100,000 pursuant to the July 1, 2004 Transaction. As a result of the July 1, 2004 Transaction, The Trust and Defendants became joint owners (or co-owners) of the Bordeaux Property. 11. As a 2004 Transaction, the Trust owned an eighty result of the July 1, percent (80%) undivided interest in and to the Bordeaux Property (including in and to all items of personal property), and Defendants owned a twenty percent (20%) interest in and to the Bordeaux Property. 12. The Trust continuously maintained its eighty percent (80%) interest in the real property portion of the Bordeaux Property through the date of the sale of the real property portion of the Bordeaux Property as approved by this Court on December 16, 2016. The Trust has continuously maintained its interest in the Furniture and Contents of the Bordeaux Property through the date ofthe filing ofthis Motion. As such, in January and February of 2013, the Trust owned eighty percent (80%) of the Bordeaux Property as a result of the July 1, 2004 Transaction. 13. In January and February of 2013, Defendants were not living in the Bordeaux Property as they had abandoned it previously and moved to Atlanta, Georgia, in 201 1. 14. After an investigation and upon good faith and belief, the Receiver states that either January or February of 2013, David Pickett, as Trustee of the in Trust, the owner of an eighty percent (80%) undivided interest in and to the AMENDED ORDER GRANTING RECEIVER’S AGREED VERIFIED MOTION TO APPROVE SALE OF FURNITUEEAND CONTENTS AN_D APPROVE DISTRflTION 0F PROCEEDS — PAGE 3 Bordeaux Property and to all items of personal property) and (including in with a right to possession of the Bordeaux Property, exercised his right to consent to a search of the Bordeaux Property by the Dallas County District Attorney’s Office (the “D.A.’s Office”), when asked to do so by the D.A.’s Office. 15. On or about February 20, 2013, David Pickett, the Trustee of the Trust, executed a “Consent to Search" provided to him by the D.A.’s Office to allow representatives of the D.A.’s Office to search the Bordeaux Property. 16. On or about February 21, 2013, the Trustee, David Pickett, met representatives from the D.A.’s Office, and two police officers from the Highland Park Department of Public Safety, at the Bordeaux Property, and representatives from the D.A.‘s Office inspected the Bordeaux Property. 17. On or about February 21, 2013, after their inspection of the Bordeaux Property, representatives from the D.A.‘s Office provided the Trustee, David Pickett, with a document marked as “Property Receipt" which listed nine items (A-l). 18. Also on or about February 21, 2013, after their inspection of the Bordeaux Property, representatives from the D.A.‘s Office provided the Trustee, David Pickett, with a document marked “Inventory List” which listed the contents of the Bordeaux Property (the “Furniture and Contents"). 19. Elizabeth Robertson is the President of Elizabeth Robertson Design, Inc., an interior decorating business in Dallas, Texas, who is familiar with the Bordeaux Property. As a part of his investigation into the disposition of the Furniture and Contents of the Bordeaux Property, the Receiver has worked with and interviewed Ms. Robertson. 20. Ms. Robertson was retained by the Trust, prior to the Receiver’s appointment, to assist the Trust in the repair and restoration of the Bordeaux Property due to prior negiect and water damage caused by the abandonment of the Bordeaux Property. After his appointment, the Receiver retained Ms. Robertson to assist with preparing the Bordeaux Property for marketing and sale, and with salvaging and selling the Furniture and Contents of the Bordeaux Property. 21. Ms. Robertson engaged Nick Brock Antiques and Milton Kent Antiques to sellthe furniture salvaged from the Bordeaux Property. The total collections from those sales were $4,404.00. Those funds are being held by the Trust pending an order from the Court regarding distribution. 22. At the direction and request of the Receiver, Ms. Robertson has reviewed and analyzed the document marked “Inventory List” provided to David AMENDED ORDER GRANTING RECEIVER’S AGREED VERIFIED MOTION TO APPROVE SALE OF FURNITURE AND CONTENTS AND APPROVE DISTRIBUTION OF PROCEEDS — PAGE 4 Picketton or about February 21, 2013 after the inspection of the Bordeaux Property by the D.A.’s Office. Ms. Robertson has made an accounting of the contents of the Bordeaux Property by comparing the “Inventory List” to (1) the list of items sold by Nick Brock Antiques, (2) the list of items sold by Milton Kent Antiques, (3) and the remaining unsold salvaged Furniture and Contents. 23. Ms. Robertson has advised the Receiver that the assessed value of the remaining salvaged Furniture and Contents listed in Exhibit 1 to this Order is $36,000. The assessed value is the value of the property before marketing (for example, consignment and auction percentages) and storage costs are taken into account. Ms. Robertson’s methodology at arriving at the assessed value included her background and expertise in marketing personal property of this type, the sales history of the property as reflected in the sales by Nick Brock Antiques and Milton Kent Antiques. The Furniture and Contents have been on the market for several years. 24. The Receiver has received an from Downtown, Inc. for the purchase offer ofthe remaining Furniture and Contents in the amount of $25,200. It is Ms. Robertson’s opinion and recommendation to the Receiver that the remaining property be sold to Downtown, Inc. for $25,200 in order to facilitate concluding the receivership and this case as set forth in Exhibit 4- 5 to the Affidavit of Elizabeth Robertson (which is attached hereto as Exhibit 1). Neither the Receiver nor Ms. Robertson has identified anyone eise who is willing to purchase these remaining items of Furniture and Contents. The Receiver concurs with Ms. Robertson’s recommendation. The $25,200 proposed sales price represents a thirty percent (30%) discount off the assessed value of $36,000 ($36,000 x .30 = $10,800)($36,000 - $10,800 = $25,200). The Receiver has confirmed that this is a conservative calculation of the fee that a consignment shop would take as a part of any individual piece of the remaining salvaged property. ORDERS IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Receiver’s Motion is GRANTED. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that David Pickett, as Trustee of the Trust, the owner of an eighty percent (80%) undivided interest in and to the Bordeaux Property (including in and to all items of personal property) and with a right to possession of the Bordeaux Property, had the right to consent to a search of the Bordeaux AMENDED ORDER GRANTING RECEIVER’S AGREED VERIFIED MOTION TO APPROVE SALE OF FURNITURE AND CONTfldTS A&APPROVE DISTRI§UTION OF PROCEEDS — PAGE 5 Property by the D.A.’s Office, when asked to do so by the D.A.’s Office on or about February 20 or 21, 2013. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that as of on or about February 21, 2013, the complete contents of the Bordeaux Property were as stated on the document entitled “Inventory List” prepared by the D.A.‘s Office and provided to David Pickett, Trustee of the Trust. Exhibit 3-K to the Affidavit of David Pickett; Exhibit 4-3 to the Affidavit of Elizabeth Robertson. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED thatthe Receiver, with assistance from Elizabeth Robertson, has accounted for the entire contents of the Bordeaux Property (Le. the Furniture and Contents), as stated on the Inventory List prepared by the D.A.‘s Office, as set forth on Exhibit 4-4 to the Affidavit of Elizabeth Robertson. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the previous sales of the Furniture and Contents by the Trust through Nick Brock Antiques in the amount of $4,404.00 and through Milton Kent Antiques are approved by this Court. The Trust is hereby ORDERED to transfer these sales proceeds in its possession to the Receiver for distribution in accordance with this Order. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the sale of the Furniture and Contents, as stated on Exhibit 4-5 to the Affidavit of Elizabeth Robertson, by the Receiver to Downtown, Inc. in the amount of $25,200.00 is approved by this Court. Downtown, Inc. is hereby ORDERED to transfer these sales proceeds to the Receiver for distribution in accordance with this Order. AMENDED ORDER GRANTING RECEIVER’S AGREED VERIFIED MOTION TO APPROVE SALE OF FURNITURE ANLCONTENTS ANQ APPROVQSTRIBfiUTION OF PROCEEDS -- PAGE 6 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Receiver is authorized and directed to execute all documents that are reasonably necessary to effect the sale and conveyance and to deliver possession of the Furniture and Contents to Downtown, Inc. when it has complied with its obligations as stated in this Order. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Receiver’s compensation of $7,500.00 for reasonable and necessary fees and unreimbursed expenses is hereby approved. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Receiver is authorized to distribute the funds received as set forth above as follows: Payee Amount Kevin Buchanan $7,500.00 David Pickett, Trustee of the Albert Hill Trust $17,683.20 (representing 80% of the remaining proceeds) Intervenors Campbell Harrison & Dagley, LLP and Calloway, Norris, Burdette & Weber, PLLC c/o Wright & Close, LLP (representing 20% of the remaining proceeds) $4,420.80 TOTAL AMOUNT TO BE RECEIVED AND DISTRIBUTED BY THE RECEIVER: $29,604.00 so ORDERED on this M day of mMW ,2017. J DGE PRE DING AMENDED ORDER GRANTING RECEIVER's AGREED VERIFIED MOTION To APPROVE SALE 0F FURNITURE ANp CONTENTS AN_D APPROVQISTRIQTION 0F PROCEEDS — PAGE 7 AGREED AS TO FORM AND CONTENT: /s/ G. Kevin Buchanan G. Kevin Buchanan, Court—Appointed Receiver Tom M. Dees. /s/ III Tom M. Dees, III, Counsel for Plaintiff /s/ Patrick McAndrew Patrick McAndrew, Counsel for Intervenors AGREED AS TO FORM ONLY: /s/ Tv Clevenfir Ty Clevenger, Counsel for Defendants AMENDED ORDER GRANTING RECEIVER’S AGREED VERIFIED MOTION TO APPROVE SALE OF FURNITURE AND CONTENTS ANQAPPROVLDISTRIQUTION 0F PROCEEDS — PAGE 8