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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