Preview
Electronically Filed
11/1/2023 5:05 PM
Hidalgo County District Clerks
Reviewed By: Denise Garcia
CAUSE NO. C-3949-23-C
§ IN THE DISTRICT COURT OF
IN RE: §
§ HIDALGO COUNTY, TEXAS
MISSION BAY HOLDINGS, LLC §
§ 139th JUDICIAL DISTRICT
FINAL ORDER APPROVING TRANSFER OF
STRUCTURED SETTLEMENT PAYMENT RIGHTS
ON NOVMBER 1, 2023, came on to be heard the unopposed Application for Approval of
Transfer of Structured Settlement Payment Rights (the “Application”) filed by Mission Bay
Holdings, LLC (“Transferee”), in the above-styled and numbered cause.
is the payee (“Payee”) and the individual who seeks to transfer and assign future
payments to Transferee. The Court has considered the Application, the exhibits attached to the
Application, the Notice of Hearing and Notice of Proposed Transfer of Structured Settlement
Payment Rights (the “Notice”) and the exhibits to the Notice, and any responses to the Application
and has heard and considered the evidence presented in support of the Application and the
arguments of counsel. The Court therefore finds that the relief requested in the Application should
be granted and that this Final Order should be approved and entered accordingly, and the Court
makes the following findings:
1. Jurisdiction and venue are proper in this Court pursuant to Tex. Civ. Prac. & Rem.
Code §§ 141.006 and 141.002(2)(A). The 139th Judicial District Court of Hidalgo County Texas
authorized or approved the structured settlement that is the subject of this Application. Payee has
confirmed to this Court’s satisfaction that Payee is domiciled in, and a resident of, Hidalgo County,
Texas. All persons entitled to be served and/or provided notice of these proceedings have been
served or provided such notice or have otherwise appeared in the case.
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2. The transfer of the structured settlement proceeds, specifically,
(the “Assigned Payments”) by Payee to Transferee or its assigns
as described in the Purchase, Sale, and Transfer Agreement (the “Purchase Agreement”) between
Payee and Transferee or its assigns (the Assigned Payments and Purchase Agreement between
Payee and Transferee or its assigns being hereafter referred to as the “Proposed Transfer”): (i) does
not contravene any federal or state statute or the order of any court, or responsible administrative
authority, and (ii) is in the best interest of Payee, taking into account the welfare and support of
Payee’s dependents, if any.
3. The Proposed Transfer complies with the requirements of the Texas Structured
Settlement Protection Act, Tex. Civ. Prac. & Rem. Code § 141.001, et seq. (the “Texas Act”), and
26 U.S.C. § 5891, and does not contravene other applicable law.
4. At least three (3) days before the date on which Payee signed the Purchase
Agreement, Transferee provided Payee with a separate disclosure statement satisfying the
requirements of Tex. Civ. Prac. & Rem. Code § 141.003. The disclosure statement was prepared
in bold type, no smaller than fourteen points, setting forth:
a. the amount and due date of the Assigned Payments;
b. the aggregate amount of the Assigned Payments;
c. the discounted present value of the Assigned Payments, identified as the
“calculation of the current value of the transferred structured settlement
payments under federal standards for valuing annuities” and the amount of
the Applicable Federal Rate used in calculating such discounted present
value;
d. the gross advance amount payable to Payee in exchange for the Assigned
Payments;
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e. an itemized listing of all applicable transfer expenses, other than attorneys’
fees and related disbursements payable in connection with Transferee’s
application for approval of the Proposed Transfer, and Transferee’s best
estimate of the amount of those expenses;
f. the net advance amount payable to Payee in exchange for the Assigned
Payments;
g. the amount of any penalties or liquidated damages payable by Payee in the
event of any breach of the Purchase Agreement by Payee; and
h. a statement that Payee has the right to cancel the Purchase Agreement,
without penalty or further obligation, not later than the third business day
after the agreement is signed by Payee.
5. Payee is an adult, single, and has no dependents.
6. The Proposed Transfer is in the best interest of Payee, taking into account the
welfare and support of Payee’s dependents, as required by Tex. Civ. Prac. & Rem. Code §
141.004(1).
7. Payee has been advised in writing by Transferee to seek independent professional
advice regarding the Proposed Transfer and has either received the advice or knowingly waived
the advice in writing, as required by Tex. Civ. Prac. & Rem. Code § 141.004(2).
8. The Proposed Transfer does not contravene any applicable statute or an order of
any court or other governmental authority, as required by Tex. Civ. Prac. & Rem. Code §
141.004(3).
9. At least twenty (20) days before the scheduled hearing on the Application,
Transferee timely filed with the Court and served on all interested parties, including the structured
settlement obligor, Prudential Assigned Settlement Services Corp. (“PASSCorp”), and the annuity
issuer, The Prudential Insurance Company of America (“Prudential”) (PASSCorp and Prudential
are referred to collectively herein as “Insurers”), a Notice of the Proposed Transfer and the
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application for its authorization as required by Tex. Civ. Prac. & Rem. Code § 141.006(b). The
notice included:
a. a copy of Transferee’s application;
b. a copy of the Purchase Agreement;
c. a copy of the disclosure statement required under § 141.003 of the Texas Act;
d. a listing of each of Payee’s dependents, if any, together with each dependent’s
age;
e. notice that any interested party is entitled to support, oppose or otherwise
respond to Transferee’s application, either in person or by counsel, by
submitting written comments to the Court or by participating in the hearing;
and
f. notice of the time and place of the hearing and notification of the manner in
which and the time by which written responses to the application must be filed
in order to be considered by the Court.
10. Transferee has provided written notice of its name, address, and taxpayer
identification number to PASSCorp and Prudential.
11. Transferee has complied with the notification requirements of Tex. Civ. Prac. &
Rem. Code § 141.006(b).
12. The Purchase Agreement does not authorize Transferee or any other party to
confess judgment or consent to entry of judgment against Payee.
13. The Purchase Agreement, which provides that if Payee resides in Texas then all
disputes under the Purchase Agreement, including any claim that Payee breached the Purchase
Agreement, shall be determined in and under the laws of Texas, complies with the Texas Act.
14. Payee has consented in writing to the Proposed Transfer.
15. Payee understands the terms of the Purchase Agreement, including the terms set
forth in the disclosure statement required by § 141.003 of the Texas Act.
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16. Payee understands and does not want to exercise Payee’s right to cancel the
Purchase Agreement.
17. Payee is properly before this Court and entitled to avail Payee of the Texas Act.
18. Transferee has assigned all of its right, title and interest in and to the Assigned
Payments to Leeds United Capital, LLC (“ASSIGNEE”).
Based upon the foregoing findings, IT IS HEREBY ORDERED, ADJUDGED,
AND DECREED that:
A. Pursuant to the Texas Act, the Application is GRANTED and the Proposed Transfer
is APPROVED. Regardless of the named beneficiary of record on file with Prudential under
annuity contract number , ASSIGNEE shall be entitled to receive the Assigned
Payments even in the event of Payee’s death, and Payee understands that Payee is giving up
Payee’s rights, and the rights of Payee’s heirs, successors and/or beneficiaries to the Assigned
Payments.
B. Prudential shall forward the Assigned Payments, within 7 days of the date due, to
ASSIGNEE, by check made payable to “Leeds United Capital, LLC” at P.O. Box 200380,
Dallas, TX 75320-0380 (the “Designated Address”) in the manner set forth in the parties’
stipulation (“Stipulation”).
C. ASSIGNEE is authorized to make subsequent assignments or transfers of the
Assigned Payments (a “Reassignment”) except that, regardless of any such Reassignment, the
Assigned Payments will continue to be serviced by ASSIGNEE. In other words, the Assigned
Payments will continue to be made by Prudential to ASSIGNEE at the Designated Address only,
regardless of any Reassignment. However, if for reasons beyond the control of ASSIGNEE, or
due to ASSIGNEE being merged with or acquired by another individual or entity, or for traditional
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address change purposes the Designated Address is no longer valid (i.e., if ASSIGNEE moves or
for other reasons the Designated Address is no longer a viable address for ASSIGNEE to receive
payments), Prudential will make the Assigned Payments to a new address. Notwithstanding the
foregoing, the parties’ Stipulation will remain binding and fully enforceable against Transferee
(and any successors), ASSIGNEE (and any successors), and Payee.
D. All remaining structured settlement payments (and/or portions thereof) due to
Payee, if any, that are not the subject of the Proposed Transfer, and not previously assigned, shall
be made payable to Payee and will be forwarded by Prudential as they become due, to Payee’s
most recent known address or any payment address designated by Payee, subject to the consent of
Insurers.
E. Transferee and ASSIGNEE shall defend, indemnify, and hold harmless Insurers
and their respective directors, shareholders, officers, agents, attorneys, employees, servants,
successors, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors,
shareholders, officers, agents, attorneys, employees, servants, successors, and assigns, past and
present, from and against any and all liability, including but not limited to costs and reasonable
attorneys’ fees, for any and all claims asserted by any person or entity, including but not limited
to any claims asserted by any person or entity not a party hereto, claiming an interest in the
Assigned Payments, and any and all other claims made in connection with, related to, or arising
out of the Purchase Agreement, the Proposed Transfer, the Assigned Payments, any Reassignment,
or Insurers’ compliance with the Stipulation or this Final Order, except with respect to claims by
Transferee and ASSIGNEE against Insurers to enforce Insurers’ obligations to Transferee and
ASSIGNEE under the Stipulation and this Final Order. To the extent Transferee or ASSIGNEE
fails to honor this indemnification and defense obligation within thirty (30) days of presentation
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to Transferee and ASSIGNEE of documentation describing the related liability of Insurers in
reasonable detail, Insurers may, in addition to all other remedies afforded by law, satisfy the same
by withholding to their own credit the Assigned Payment.
F. Insurers’ lack of opposition to this matter, or their or the other parties’ stipulation
hereto or compliance herewith, shall not constitute evidence in this or any matter, and is not
intended to constitute evidence in this or any matter, that:
a. payments under a structured settlement contract or annuity or related
contracts can or cannot be assigned or that “anti-assignment” or “anti-
encumbrance” provisions in structured settlement contracts, annuities, or
related contracts are or are not valid and enforceable; or
b. other transactions entered into by Transferee or ASSIGNEE, and their
respective customers do or do not constitute valid sales and/or secured
transactions; or
c. Insurers have waived any right in connection with any other litigation or
claims; or
d. Transferee and ASSIGNEE has or has not waived any right other than as
expressly set forth in the parties’ Stipulation and/or this Order.
G. Transferee, ASSIGNEE, and Payee for themselves and for their respective
directors, shareholders, officers, agents, attorneys, employees, servants, successors, heirs,
beneficiaries, contingent beneficiaries, executors, trustees, administrators, and assigns, and any
parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, attorneys,
employees, servants, successors, heirs, beneficiaries, contingent beneficiaries, executors, trustees,
administrators, and assigns, past and present (the “Releasors”), hereby remise, release and forever
discharge Insurers and their directors, shareholders, officers, agents, attorneys, employees,
servants, successors, and assigns, and any parent, subsidiary, or affiliate thereof, and their
directors, shareholders, officers, agents, attorneys, employees, servants, successors, and assigns,
past and present (the “Insurers Releasees”), of and from any and all manner of actions and causes
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of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments,
settlements, damages, claims, and demands whatsoever, in law or in equity, in connection with,
related to, or arising out of any claim or allegation that was or could have been asserted in
connection with, related to, or arising out of the Purchase Agreement, the Proposed Transfer, the
Assigned Payments, any Reassignment, or the parties’ Stipulation, which against each other or the
Insurers Releasees, the Releasors have or had from the beginning of the world through the date of
this Final Order, except for claims of Releasors against the Insurers Releasees to enforce the
Insurers Releasees’ obligations to Releasors, if any, under the parties’ Stipulation or this Final
Order.
H. In consideration for the Assigned Payments, Payee shall receive from Transferee
the net sum of
I. The District Clerk of Hidalgo County, Texas shall maintain the unredacted copy of
this order under seal until further orders of this Court in accordance with Tex. Civ. Prac. & Rem.
Code § 141.006(d)(2). The District Clerk shall, upon request, provide an unredacted copy of this
order to all interested parties, as that term is defined by Tex. Civ. Prac. & Rem. Code § 141.002(7),
including Payee , Transferee, ASSIGNEE, PASSCorp, or
Prudential. The District Clerk shall file a redacted copy of this order as part of the public record
in accordance with Tex. Civ. Prac & Rem. Code § 141.006(d)(2)(A).
J. This Final Order is a “Qualified Order” within the meaning of 26 U.S.C. § 5891, et
seq.
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K. All costs of Court are hereby taxed against Transferee. This Final Order is intended
to dispose of all claims and relief asserted and requested in this proceeding and is intended to be a
final judgment in this case. All other relief not expressly granted in this Final Order is DENIED.
Signed this ____ day of November 2023.
JUDGE PRESIDING
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APPROVED AS TO SUBSTANCE AND FORM:
VASSAR, MCCOWN, DEAR & SICOTTE LLP
15851 Dallas Parkway, Suite 525
Addison, TX 75001
Telephone - (972) 371-2411
Fax - (972) 371-2410
Email - transfers@vmdslaw.com
. Brian Dear
State Bar No. 24032117
David S. Vassar
State Bar No. 20503175
ATTORNEY FOR MISSION BAY OLD IN GS, LLC
FINAL ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS - Page 10 of IO
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Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Joseph Dear on behalf of Joseph Dear
Bar No. 24032117
jbdear@vmdslaw.com
Envelope ID: 81215796
Filing Code Description: Proposed Order
Filing Description: FINAL ORDER APPROVING TRANSFER OF
STRUCTURED SETTLEMENT PAYMENT RIGHTS
Status as of 11/2/2023 8:30 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
BRIAN J.DEAR JBDEAR@VMDSLAW.COM 11/1/2023 5:05:57 PM SENT
Preview
Electronically Filed 11/1/2023 5:05 PM Hidalgo County District Clerks Reviewed By: Denise Garcia CAUSE NO. C-3949-23-C § IN THE DISTRICT COURT OF IN RE: § § HIDALGO COUNTY, TEXAS MISSION BAY HOLDINGS, LLC § § 139th JUDICIAL DISTRICT FINAL ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS ON NOVMBER 1, 2023, came on to be heard the unopposed Application for Approval of Transfer of Structured Settlement Payment Rights (the “Application”) filed by Mission Bay Holdings, LLC (“Transferee”), in the above-styled and numbered cause. is the payee (“Payee”) and the individual who seeks to transfer and assign future payments to Transferee. The Court has considered the Application, the exhibits attached to the Application, the Notice of Hearing and Notice of Proposed Transfer of Structured Settlement Payment Rights (the “Notice”) and the exhibits to the Notice, and any responses to the Application and has heard and considered the evidence presented in support of the Application and the arguments of counsel. The Court therefore finds that the relief requested in the Application should be granted and that this Final Order should be approved and entered accordingly, and the Court makes the following findings: 1. Jurisdiction and venue are proper in this Court pursuant to Tex. Civ. Prac. & Rem. Code §§ 141.006 and 141.002(2)(A). The 139th Judicial District Court of Hidalgo County Texas authorized or approved the structured settlement that is the subject of this Application. Payee has confirmed to this Court’s satisfaction that Payee is domiciled in, and a resident of, Hidalgo County, Texas. All persons entitled to be served and/or provided notice of these proceedings have been served or provided such notice or have otherwise appeared in the case. FINAL ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS – Page 1 of 10 10/27/2023 Prudential 1599209v1 030701.00032 Electronically Filed 11/1/2023 5:05 PM Hidalgo County District Clerks Reviewed By: Denise Garcia 2. The transfer of the structured settlement proceeds, specifically, (the “Assigned Payments”) by Payee to Transferee or its assigns as described in the Purchase, Sale, and Transfer Agreement (the “Purchase Agreement”) between Payee and Transferee or its assigns (the Assigned Payments and Purchase Agreement between Payee and Transferee or its assigns being hereafter referred to as the “Proposed Transfer”): (i) does not contravene any federal or state statute or the order of any court, or responsible administrative authority, and (ii) is in the best interest of Payee, taking into account the welfare and support of Payee’s dependents, if any. 3. The Proposed Transfer complies with the requirements of the Texas Structured Settlement Protection Act, Tex. Civ. Prac. & Rem. Code § 141.001, et seq. (the “Texas Act”), and 26 U.S.C. § 5891, and does not contravene other applicable law. 4. At least three (3) days before the date on which Payee signed the Purchase Agreement, Transferee provided Payee with a separate disclosure statement satisfying the requirements of Tex. Civ. Prac. & Rem. Code § 141.003. The disclosure statement was prepared in bold type, no smaller than fourteen points, setting forth: a. the amount and due date of the Assigned Payments; b. the aggregate amount of the Assigned Payments; c. the discounted present value of the Assigned Payments, identified as the “calculation of the current value of the transferred structured settlement payments under federal standards for valuing annuities” and the amount of the Applicable Federal Rate used in calculating such discounted present value; d. the gross advance amount payable to Payee in exchange for the Assigned Payments; FINAL ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS – Page 2 of 10 10/27/2023 Prudential 1599209v1 030701.00032 Electronically Filed 11/1/2023 5:05 PM Hidalgo County District Clerks Reviewed By: Denise Garcia e. an itemized listing of all applicable transfer expenses, other than attorneys’ fees and related disbursements payable in connection with Transferee’s application for approval of the Proposed Transfer, and Transferee’s best estimate of the amount of those expenses; f. the net advance amount payable to Payee in exchange for the Assigned Payments; g. the amount of any penalties or liquidated damages payable by Payee in the event of any breach of the Purchase Agreement by Payee; and h. a statement that Payee has the right to cancel the Purchase Agreement, without penalty or further obligation, not later than the third business day after the agreement is signed by Payee. 5. Payee is an adult, single, and has no dependents. 6. The Proposed Transfer is in the best interest of Payee, taking into account the welfare and support of Payee’s dependents, as required by Tex. Civ. Prac. & Rem. Code § 141.004(1). 7. Payee has been advised in writing by Transferee to seek independent professional advice regarding the Proposed Transfer and has either received the advice or knowingly waived the advice in writing, as required by Tex. Civ. Prac. & Rem. Code § 141.004(2). 8. The Proposed Transfer does not contravene any applicable statute or an order of any court or other governmental authority, as required by Tex. Civ. Prac. & Rem. Code § 141.004(3). 9. At least twenty (20) days before the scheduled hearing on the Application, Transferee timely filed with the Court and served on all interested parties, including the structured settlement obligor, Prudential Assigned Settlement Services Corp. (“PASSCorp”), and the annuity issuer, The Prudential Insurance Company of America (“Prudential”) (PASSCorp and Prudential are referred to collectively herein as “Insurers”), a Notice of the Proposed Transfer and the FINAL ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS – Page 3 of 10 10/27/2023 Prudential 1599209v1 030701.00032 Electronically Filed 11/1/2023 5:05 PM Hidalgo County District Clerks Reviewed By: Denise Garcia application for its authorization as required by Tex. Civ. Prac. & Rem. Code § 141.006(b). The notice included: a. a copy of Transferee’s application; b. a copy of the Purchase Agreement; c. a copy of the disclosure statement required under § 141.003 of the Texas Act; d. a listing of each of Payee’s dependents, if any, together with each dependent’s age; e. notice that any interested party is entitled to support, oppose or otherwise respond to Transferee’s application, either in person or by counsel, by submitting written comments to the Court or by participating in the hearing; and f. notice of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed in order to be considered by the Court. 10. Transferee has provided written notice of its name, address, and taxpayer identification number to PASSCorp and Prudential. 11. Transferee has complied with the notification requirements of Tex. Civ. Prac. & Rem. Code § 141.006(b). 12. The Purchase Agreement does not authorize Transferee or any other party to confess judgment or consent to entry of judgment against Payee. 13. The Purchase Agreement, which provides that if Payee resides in Texas then all disputes under the Purchase Agreement, including any claim that Payee breached the Purchase Agreement, shall be determined in and under the laws of Texas, complies with the Texas Act. 14. Payee has consented in writing to the Proposed Transfer. 15. Payee understands the terms of the Purchase Agreement, including the terms set forth in the disclosure statement required by § 141.003 of the Texas Act. FINAL ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS – Page 4 of 10 10/27/2023 Prudential 1599209v1 030701.00032 Electronically Filed 11/1/2023 5:05 PM Hidalgo County District Clerks Reviewed By: Denise Garcia 16. Payee understands and does not want to exercise Payee’s right to cancel the Purchase Agreement. 17. Payee is properly before this Court and entitled to avail Payee of the Texas Act. 18. Transferee has assigned all of its right, title and interest in and to the Assigned Payments to Leeds United Capital, LLC (“ASSIGNEE”). Based upon the foregoing findings, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: A. Pursuant to the Texas Act, the Application is GRANTED and the Proposed Transfer is APPROVED. Regardless of the named beneficiary of record on file with Prudential under annuity contract number , ASSIGNEE shall be entitled to receive the Assigned Payments even in the event of Payee’s death, and Payee understands that Payee is giving up Payee’s rights, and the rights of Payee’s heirs, successors and/or beneficiaries to the Assigned Payments. B. Prudential shall forward the Assigned Payments, within 7 days of the date due, to ASSIGNEE, by check made payable to “Leeds United Capital, LLC” at P.O. Box 200380, Dallas, TX 75320-0380 (the “Designated Address”) in the manner set forth in the parties’ stipulation (“Stipulation”). C. ASSIGNEE is authorized to make subsequent assignments or transfers of the Assigned Payments (a “Reassignment”) except that, regardless of any such Reassignment, the Assigned Payments will continue to be serviced by ASSIGNEE. In other words, the Assigned Payments will continue to be made by Prudential to ASSIGNEE at the Designated Address only, regardless of any Reassignment. However, if for reasons beyond the control of ASSIGNEE, or due to ASSIGNEE being merged with or acquired by another individual or entity, or for traditional FINAL ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS – Page 5 of 10 10/27/2023 Prudential 1599209v1 030701.00032 Electronically Filed 11/1/2023 5:05 PM Hidalgo County District Clerks Reviewed By: Denise Garcia address change purposes the Designated Address is no longer valid (i.e., if ASSIGNEE moves or for other reasons the Designated Address is no longer a viable address for ASSIGNEE to receive payments), Prudential will make the Assigned Payments to a new address. Notwithstanding the foregoing, the parties’ Stipulation will remain binding and fully enforceable against Transferee (and any successors), ASSIGNEE (and any successors), and Payee. D. All remaining structured settlement payments (and/or portions thereof) due to Payee, if any, that are not the subject of the Proposed Transfer, and not previously assigned, shall be made payable to Payee and will be forwarded by Prudential as they become due, to Payee’s most recent known address or any payment address designated by Payee, subject to the consent of Insurers. E. Transferee and ASSIGNEE shall defend, indemnify, and hold harmless Insurers and their respective directors, shareholders, officers, agents, attorneys, employees, servants, successors, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, attorneys, employees, servants, successors, and assigns, past and present, from and against any and all liability, including but not limited to costs and reasonable attorneys’ fees, for any and all claims asserted by any person or entity, including but not limited to any claims asserted by any person or entity not a party hereto, claiming an interest in the Assigned Payments, and any and all other claims made in connection with, related to, or arising out of the Purchase Agreement, the Proposed Transfer, the Assigned Payments, any Reassignment, or Insurers’ compliance with the Stipulation or this Final Order, except with respect to claims by Transferee and ASSIGNEE against Insurers to enforce Insurers’ obligations to Transferee and ASSIGNEE under the Stipulation and this Final Order. To the extent Transferee or ASSIGNEE fails to honor this indemnification and defense obligation within thirty (30) days of presentation FINAL ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS – Page 6 of 10 10/27/2023 Prudential 1599209v1 030701.00032 Electronically Filed 11/1/2023 5:05 PM Hidalgo County District Clerks Reviewed By: Denise Garcia to Transferee and ASSIGNEE of documentation describing the related liability of Insurers in reasonable detail, Insurers may, in addition to all other remedies afforded by law, satisfy the same by withholding to their own credit the Assigned Payment. F. Insurers’ lack of opposition to this matter, or their or the other parties’ stipulation hereto or compliance herewith, shall not constitute evidence in this or any matter, and is not intended to constitute evidence in this or any matter, that: a. payments under a structured settlement contract or annuity or related contracts can or cannot be assigned or that “anti-assignment” or “anti- encumbrance” provisions in structured settlement contracts, annuities, or related contracts are or are not valid and enforceable; or b. other transactions entered into by Transferee or ASSIGNEE, and their respective customers do or do not constitute valid sales and/or secured transactions; or c. Insurers have waived any right in connection with any other litigation or claims; or d. Transferee and ASSIGNEE has or has not waived any right other than as expressly set forth in the parties’ Stipulation and/or this Order. G. Transferee, ASSIGNEE, and Payee for themselves and for their respective directors, shareholders, officers, agents, attorneys, employees, servants, successors, heirs, beneficiaries, contingent beneficiaries, executors, trustees, administrators, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, attorneys, employees, servants, successors, heirs, beneficiaries, contingent beneficiaries, executors, trustees, administrators, and assigns, past and present (the “Releasors”), hereby remise, release and forever discharge Insurers and their directors, shareholders, officers, agents, attorneys, employees, servants, successors, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, attorneys, employees, servants, successors, and assigns, past and present (the “Insurers Releasees”), of and from any and all manner of actions and causes FINAL ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS – Page 7 of 10 10/27/2023 Prudential 1599209v1 030701.00032 Electronically Filed 11/1/2023 5:05 PM Hidalgo County District Clerks Reviewed By: Denise Garcia of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, settlements, damages, claims, and demands whatsoever, in law or in equity, in connection with, related to, or arising out of any claim or allegation that was or could have been asserted in connection with, related to, or arising out of the Purchase Agreement, the Proposed Transfer, the Assigned Payments, any Reassignment, or the parties’ Stipulation, which against each other or the Insurers Releasees, the Releasors have or had from the beginning of the world through the date of this Final Order, except for claims of Releasors against the Insurers Releasees to enforce the Insurers Releasees’ obligations to Releasors, if any, under the parties’ Stipulation or this Final Order. H. In consideration for the Assigned Payments, Payee shall receive from Transferee the net sum of I. The District Clerk of Hidalgo County, Texas shall maintain the unredacted copy of this order under seal until further orders of this Court in accordance with Tex. Civ. Prac. & Rem. Code § 141.006(d)(2). The District Clerk shall, upon request, provide an unredacted copy of this order to all interested parties, as that term is defined by Tex. Civ. Prac. & Rem. Code § 141.002(7), including Payee , Transferee, ASSIGNEE, PASSCorp, or Prudential. The District Clerk shall file a redacted copy of this order as part of the public record in accordance with Tex. Civ. Prac & Rem. Code § 141.006(d)(2)(A). J. This Final Order is a “Qualified Order” within the meaning of 26 U.S.C. § 5891, et seq. FINAL ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS – Page 8 of 10 10/27/2023 Prudential 1599209v1 030701.00032 Electronically Filed 11/1/2023 5:05 PM Hidalgo County District Clerks Reviewed By: Denise Garcia K. All costs of Court are hereby taxed against Transferee. This Final Order is intended to dispose of all claims and relief asserted and requested in this proceeding and is intended to be a final judgment in this case. All other relief not expressly granted in this Final Order is DENIED. Signed this ____ day of November 2023. JUDGE PRESIDING FINAL ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS – Page 9 of 10 10/27/2023 Prudential 1599209v1 030701.00032 Electronically Filed 11/1/2023 5:05 PM Hidalgo County District Clerks Reviewed By: Denise Garcia APPROVED AS TO SUBSTANCE AND FORM: VASSAR, MCCOWN, DEAR & SICOTTE LLP 15851 Dallas Parkway, Suite 525 Addison, TX 75001 Telephone - (972) 371-2411 Fax - (972) 371-2410 Email - transfers@vmdslaw.com . Brian Dear State Bar No. 24032117 David S. Vassar State Bar No. 20503175 ATTORNEY FOR MISSION BAY OLD IN GS, LLC FINAL ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS - Page 10 of IO 10/27/2023 Prudential 1599209vl 030701.00032 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Joseph Dear on behalf of Joseph Dear Bar No. 24032117 jbdear@vmdslaw.com Envelope ID: 81215796 Filing Code Description: Proposed Order Filing Description: FINAL ORDER APPROVING TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS Status as of 11/2/2023 8:30 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status BRIAN J.DEAR JBDEAR@VMDSLAW.COM 11/1/2023 5:05:57 PM SENT