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  • Peachtree Settlement Funding, Llc v. First Berkshire Hathaway Life Insurance Co., Bhg Structured Settlements, Inc., A A RSpecial Proceedings - Other (Structured Settlement Tra) document preview
  • Peachtree Settlement Funding, Llc v. First Berkshire Hathaway Life Insurance Co., Bhg Structured Settlements, Inc., A A RSpecial Proceedings - Other (Structured Settlement Tra) document preview
  • Peachtree Settlement Funding, Llc v. First Berkshire Hathaway Life Insurance Co., Bhg Structured Settlements, Inc., A A RSpecial Proceedings - Other (Structured Settlement Tra) document preview
  • Peachtree Settlement Funding, Llc v. First Berkshire Hathaway Life Insurance Co., Bhg Structured Settlements, Inc., A A RSpecial Proceedings - Other (Structured Settlement Tra) document preview
  • Peachtree Settlement Funding, Llc v. First Berkshire Hathaway Life Insurance Co., Bhg Structured Settlements, Inc., A A RSpecial Proceedings - Other (Structured Settlement Tra) document preview
  • Peachtree Settlement Funding, Llc v. First Berkshire Hathaway Life Insurance Co., Bhg Structured Settlements, Inc., A A RSpecial Proceedings - Other (Structured Settlement Tra) document preview
  • Peachtree Settlement Funding, Llc v. First Berkshire Hathaway Life Insurance Co., Bhg Structured Settlements, Inc., A A RSpecial Proceedings - Other (Structured Settlement Tra) document preview
  • Peachtree Settlement Funding, Llc v. First Berkshire Hathaway Life Insurance Co., Bhg Structured Settlements, Inc., A A RSpecial Proceedings - Other (Structured Settlement Tra) document preview
						
                                

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FILED: WESTCHESTER COUNTY CLERK 11/30/2020 12:09 PM INDEX NO. 64078/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 11/30/2020 EXHIBIT “A” FILED: WESTCHESTER COUNTY CLERK 11/30/2020 12:09 PM INDEX NO. 64078/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 11/30/2020 FIRST BERKSHIRE HATHAWAY LIFE INSURANCE COMPANY A Stock Company Marine Air Terminal LaGuardia Airport Flushing, New York 11371 Administrative Office Address: 3024 Harney Street Omaha, Nebraska 68131 (402) 916-3100 NON-PARTICIPATING (NO DIVIDENDS) SINGLE PREMIUM STRUCTURED SETTLEMENT ANNUITY CONTRACT For valuable consideration, First Berkshire Hathaway Life Insurance Company ("FBHL") agrees to make the payments described in this Contract in accordance with its terms and cGaditisñs. The Schedule Of Payments shows the amount and due date of each payment. This Contract Provides No Cash Value. Please read this Contract carefully. Contract No.: FB-13-06548 Contract Date: August 5, 2013 Owner: BHG Structured Settieiceñts, Inc., a Missouri corporation Date of Birth of Measuring Life: Measuring Life: Alvaro E. Anton-Rubio a/k/a Social Security No.: Alvaro E. Anton Annuity Commêñcement Date: September 1 2014 Optional Payee: Alvaro E. Anton CGñt|ñÿêñt Payee (if any): Josephine Cruz, friend, if living; otherwise, to the Estate of Alvaro E. Anton Sig o irst Berkshire Hathaway Life Insurance Company. L/ Assistant Secretar President 30 DAY RIGHT TO EXAMINE CONTRACT Owner may retum the contract to FBHL within 30 days after its receipt and request in writing that FBHL cancel the contract. FBHL will do so and refund the amount received to purchase the annuity. FB-1a (11/2006) Page 1 of 5 FILED: WESTCHESTER COUNTY CLERK 11/30/2020 12:09 PM INDEX NO. 64078/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 11/30/2020 CONTRACT NO.: FB-13-06548 TABLE OF CONTENTS Page Rights of Owner 3 Proof of Living 3 Payees 3 Change or Waiver 3 Amendmens 3 Incontestability 4 Measuring Life 4 Misstatements 4 Noñass;gñability of Claims of Creditors 4 Currency 4 Payee Direction 4 No Change, No Surrender and No Loan 4 No Psiticipation (No Divideñds) 4 Entire Contract 4 Schedule of Payments 5 FB-1a (11/2006) Page 2 of 5 FILED: WESTCHESTER COUNTY CLERK 11/30/2020 12:09 PM INDEX NO. 64078/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 11/30/2020 CONTRACT NO.: FB-13-06548 FIRST BERKSHIRE HATHAWAY LIFE INSURANCE COMPANY ("FBHL") A Stock Company Marine Air Terminal LaGuardia Airport Flushing, New York 11371 Administrative Office Address: 3024 Harney Street Omaha, Nebraska 68131 (402) 916-3100 SINGLE PREMIUM STRUCTURED SETTLEMENT ANNUITY CONTRACT Rights of Owner: The Owner stated on Page 1 owns the annuity described in this Contract. The Owner will have the right at any time to designate the payee to whom annuity benefits are payable. Unless the Owner otherwise directs, FBHL will make all annuity payments to the Optional Payee during the Optional Payee's lifetime. Thereafter, FBHL will make payments to the Contingent Payee. If the Contract does not list an Optional Payee, the Optional Payee shall be the Measuring Life. If there is no Contingent Payee stated on Page 1, the Estate of the Optional Payee shall be the Contingent Payee. No change in payee will be effective until FBHL receives written notice of the change. Changes in the designation of an Optional Payee or COñtingêñt Payee will be effective as of the date the request was signed. Any change will be without prejudice to FBHL on account of any payment it makes within ten days after receiving the request. The Owner is the sole person entitled to exercise rights or privileges under this Contract. Proof of Living: FBHL may require proof that the Measuring Life or Optional Payee or Contingent Payee is living on the date on which it is to make any annuity payment. If FBHL requests this proof, it will not make any payment until this proof is received. Payees: If the Contract desigñates two or more Optional Payees or Contingent Payees whose respective interests are not specified, their interests will be several and equal. The Contract may not designate multiple Contingent Payees if this would cause any person to receive less than $1,000 per payment. Change or Walver: No person, except an officer of FBHL, may make or change any term or condition of this Contract. No person, except an officer of FBHL, may make any binding promises conceming this Contract on behalf of FBHL. No modification, interpretation or waiver of any provision of this Contract is valid unless it is in writing and signed by an officer of FBHL. Amendments: This Contract may only be amended by an endorsement. The endorsement must be signed by an officer of FBHL and attested by FBHL's Secretary or Assistant Secretary. FB-1a (11/2006) Page 3 of 5 FILED: WESTCHESTER COUNTY CLERK 11/30/2020 12:09 PM INDEX NO. 64078/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 11/30/2020 CONTRACT NO.: FB-13-06548 Incontestability: With respect to statements, other those relating than to age, sex and identity, required to issueContract, this thisContract shall be incontestable it has after been in force during the lifetime of the Measuring Life, for a period of two years from the Contract Date, except where stipulated payments to FBHL have not been made. Measuring Life: The Measuring Life is the person(s) upon whose life the payment obligations in this Contract are measured. No one may change the Measuring Life. Misstatements: If the Contract misstates the age or sex of the Measuring Life, Optional Payee or Contingent Payee or any other relevant fact, FBHL will not pay more under this Contract than it would have paid if the Contract contained correct information. FBHL will deduct, with interest, any overpayments from future annuity payrñêñts. The interest rate will be the rate FBHL used to determine the purchase price of the annuity or six percent (6%), whichever is less. Nonassignability of Claims This Contract and the payments the Contract provides are of Creditors: nonassignable. These payments are exempt from the claims of Gadiivis of the Owner, Optional Payee or Contingent Payee to the maximum extent permitted by law. Currancy: Any money FBHL pays or receives under this Contract must be in United States currency. Any amount FBHL owes will be payable at FBHL's Administrative Office. Payee FBHL will not be deemed to know of any direction to change payee or of Direction: the death of any payee until fifteen days after it receives this information in writing at its Administrative Office. FBHL need not assure that any payment direction is valid or sufficient. No Change, No Surrender No one may change the annuity payments, surrender this Contract for and No Loan: cash or borrow any amount from FBHL under this Contract. Payments may not be accelerated, increased, decreased, commuted or encumbered, except by court order. Notwithstanding any provision to the contrary, FBHL will make a lump sum payment of amounts due under the Contract, or any portion of such amounts, if ordered by a court of competent jurisdiction under Section 5046 of the CPLR. FBHL will then reduce future payments that remain due after the lump sum payment. FBHL will calculate the lump sum payment based on the of any remaining present value due amounts under this Contract, or any portion thereof, that is converted into a lump sum payment. FBHL will calculate the present value of the lump sum payment based on the interest rate and mortality assumptions, if applicable, at the time it makes the lump sum payment. No Participation This Contract will not pay divideñds. Neither the Owner nor any other (No Dividends): person shall participate in FBHL's profits. Entire Contract: This Contract consists of this Single Premium Structured Settlement Annuity Contract, attached addenda, and the attached application. This Contract is the entire agreement between the Owner and FBHL. FB-1a (11/2006) Page 4 of 5 FILED: WESTCHESTER COUNTY CLERK 11/30/2020 12:09 PM INDEX NO. 64078/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 11/30/2020 CONTRACT NO.: FB-13-06548 Schedule of Paymar.ta: FBHL will make psymêñts under this Contract to: Alvaro E. Anton 137* 360 East Street, Apartment 2F Bronx, New York 10454 C0mmêñcing Septémbêr 1, 2014, the sum of Nine Hundred Sixty Three Dollars ($963.00) per month, payable on the 1st day of each month, until the death of Alvaro E. Anton or until August 1, 2044, whichever period is longest (360 Certain Mont y ayments). FB-1a (11/2006) Page 5 of 5 FILED: WESTCHESTER COUNTY CLERK 11/30/2020 12:09 PM INDEX NO. 64078/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 11/30/2020 CONTRACT NO.: FB-13-06548 OWNER: BHG Structured Settlements, Inc. CONTRACT DATE: August 5, 2013 ADDRESS CHANGE ENDORSEMENT NO. 1 Effective September 9, 2019, the address for ALVARO E ANTON is hereby replaced with the following: ALVARO E ANTON 6 1st Avenue Ossining, NY 10562 All other terms and conditians of this Contract remain unchanged. IN WITNESS WHEREOF, First Berkshire Hathaway Life Insurance Company has caused this Endorsement to be executed and attested. FIRST BERKSHIRE HATHAWAY LIFE INSURANCE COMPANY President ATTEST: Assistant Secretary FB-429 (07/2014) 1 of 1 Page FILED: WESTCHESTER COUNTY CLERK 11/30/2020 12:09 PM INDEX NO. 64078/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 11/30/2020 CONTRACT NO.: FB-13-06548 OWNER: BHG Structured Sett|érñéñts, Inc. CONTRACT DATE: August 5, 2013 CONTINGENT PAYEE CHANGE ENDORSEMENT NO. 2 Payee" Effective May 20, 2020, the "Cañtingent listed on this Single Premium Structured Settlement Annuity Contract is hereby replaced with the following: Estate of Alvaro E. Anton All other terms and conditions of this Contract remain unchanged. IN WITNESS WHEREOF, First Berkshire Hathaway Life Insurance Company has caused this Endorsement to be executed and attested. FIRST BERKSHIRE HATHAWAY LIFE INSURANCE COMPANY By President ATTEST: Assistant Secretary FB-414 (10/13) Page 1 of 1 FILED: WESTCHESTER COUNTY CLERK 11/30/2020 12:09 PM INDEX NO. 64078/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 11/30/2020 CONTRACT NO.: FB-13-06548 OWNER: BHG Structured Settlements, Inc. CONTRACT DATE: August 5, 2013 PAYEE MODIFICATION ENDORSEMENT NO. 3 Effective August 19, 2020, the Optional Payee listed on the Single Premium Annuity Contract is hereby replaced with the following: 1. Alvaro E. Anton 2. Peachtree Settlement Funding, LLC fbo Alvaro E. Anton Effective August 19, 2020, the Casting6ñ‡ Payee listed on the Single Premium Annuity Contract is hereby rep!eced with the following: 1. Estate of Alvaro E. Anton 2. Peachtree Settlement Funding, LLC, as irrevocable beneficiary Payments" Effective August 19, 2020, the "Schedule of listed on the Single Premium Annuity Contract is hereby replaced with the following: Schedule of Payments: FBHL will make payments under this Contract to: 1. Alvaro E. Anton 6 1st Avenue Ossining, NY 10562 Commencing September 1, 2014, the sum of Nine Hundred Sixty-Three Dollars and Zero Cents ($963.00) per month, payable on the 1st day of each month, until August 1, 2020 (72 Certain Monthly Payments). Commencing September 1, 2020, the sum of Six Hundred Dollars and Zero Cents ($600.00) per month, payab|ê on the 1st day of each month, until August 1, 2044 (288 Certain Monthly Payments). Commencing September 1, 2044, if Alvaro E. Anton is living, the sum of Nine Hundred Sixty-Three Dollars and Zero Cents ($963.00) per month, shall be payable on the 1st day of each month, until the death of Alvaro E. Anton (Life Contingent Monthly Payments Only). 2. Peachtree Ssit:Ginant Funding, LLC fbo Alvaro E. Anton Peachtree Settlement Funding, LLC Post Office Box 83364 Woburn, MA 01813-3364 Commencing September 1, 2020, the sum of Three Hundred Sixty-Three Dollars and Zero Cents ($363.00) per month, payable on the 1st day of each month, until August 1, 2044 (288 Certain Monthly Payments). FB-466 (1/15) Page 1 Of 2 FILED: WESTCHESTER COUNTY CLERK 11/30/2020 12:09 PM INDEX NO. 64078/2020 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 11/30/2020 CONTRACT NO.: FB-13-06548 OWNER: BHG Structured Settlements, Inc. CONTRACT DATE: August 5, 2013 PAYEE MODIFICATION ENDORSEMENT NO. 3, CONTINUED All other terms and cóñditivñs of this Contract remain unchanged. IN WITNESS WHEREOF, First Bêrkshirs Hathaway Life Insurance Company has caused this Endorsement to be executed and attested. FIRST BERKSHIRE HATHAWAY LIFE INSURANCE COMPANY By President ATTEST: Assistant Secretary FB-466 (1/15) Page 2 of 2