Preview
FILED
2/12/2024 2:44 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Christi Underwood DEPUTY
DC-24-02292
CAUSE NO. __________
§ IN THE DISTRICT COURT OF
IN RE: §
§ DALLAS COUNTY, TEXAS
2220 BOGEY FREE, LLC §
§ 191
_______ JUDICIAL DISTRICT
APPLICATION FOR APPROVAL OF TRANSFER OF
STRUCTURED SETTLEMENT PAYMENT RIGHTS
Applicant 2220 Bogey Free, LLC (“2220 Bogey” or “Transferee”) files this Application
for Approval of Transfer of Structured Settlement Payment Rights pursuant to Chapter 141 of the
Texas Civil Practice & Remedies Code (the “Texas Transfer Statute”) and requests that the Court
approve a transfer of the right to receive certain future structured settlement payments. In support
of this Application, 2220 Bogey would respectfully show the Court as follows:
Discovery Control Plan
1. Although it is anticipated that no discovery will be necessary in this case, pursuant
to Tex. R. Civ. P. Rule 190, this case should be governed by Discovery Control Plan 2.
Parties
2. Applicant 2220 Bogey is the proposed Transferee as defined by Section
141.002(21) of the Texas Transfer Statute.
3. (“Payee”) is the Payee as defined by Section 141.002(9) of the Texas
Transfer Statute. Payee is years old and currently resides in Dallas County, Texas.
4. John Hancock Life Insurance Company (“JHLIC” or “Annuity Issuer”) is the
Annuity Issuer as defined by Section 141.002(1) of the Texas Transfer Statute.
5. John Hancock Assignment Company (“JHAC” or “Structured Settlement Obligor”)
is the Structured Settlement Obligor as defined by Section 141.002(15) of the Texas Transfer
Statute.
APPLICATION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT
RIGHTS – Page 1
Venue and Jurisdiction
6. Venue and jurisdiction are proper in the 191st District Court of Dallas County,
Texas because the 191st District Court of Dallas County, Texas approved the Settlement that is the
subject of this Application in Cause No DC , styled
According to Section 141.002(2) of the Texas Transfer Statute, this application
is properly brought in the court of original jurisdiction that authorized or approve the structured
settlement.
Redaction of Personally Identifiable Information
and Request for Issuance of Order Under Temporary Seal
7. Payee’s personally identifiable information has been redacted from this Application
pursuant to Section 141.006(d) of the Texas Transfer Statute. A written request by Payee to
conceal the personally identifiable information from public inspection is attached hereto as Exhibit
A. 2220 Bogey will provide the court and each interested party required to receive notice under
Section 141.006(b) of the Texas Transfer Statute complete, unredacted copies of the application
and all other pleadings in the time provided by the Texas Transfer Statute.
8. Furthermore, pursuant to Section 141.006(d)(2) of the Texas Transfer Statute, 2220
Bogey requests that with respect to any order issued approving or denying this Application, a copy
of the order be filed as part of the public record with the personally identifiable information
redacted. At the same time as the filing of the redacted order, 2220 Bogey requests that an
unredacted copy of the order be issued under seal, with an unredacted copy of the order provided
to 2220 Bogey and all interested parties.
List of Dependents
9. Payee is single and has the following dependents as defined by the Texas Transfer
Statute: None.
APPLICATION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT
RIGHTS – Page 2
Statement of Facts
10. Payee was involved in the settlement of a lawsuit/claim (the “Settlement”) whereby
Payee became entitled to receive certain structured periodic settlement payments. (The payments
due and payable to Payee under the Settlement shall hereafter be referred to as the “Settlement
Payments.”)
11. In accordance with the Settlement, the obligation to make the Settlement Payments
was assigned to and assumed by JHAC. JHAC then purchased an annuity (“the Annuity”), from
JHLIC to fund its obligations to make the Settlement Payments to Payee under the Settlement.
Payee receives the Settlement Payments directly from JHLIC.
12. In return for the payment of a lump sum, Payee has agreed to transfer and assign to
2220 Bogey the right to receive certain Settlement Payments as follows:
•
•
(The payments which are being transferred to 2220 Bogey pursuant to the Transfer Agreement, as
defined below, and which are the subject of this court proceeding, shall hereafter be referred to as
the “Assigned Payments.”)
13. Payee executed a Transfer and Assignment Agreement dated on or about February
11, 2024, in which the Payee agreed to assign and transfer the Assigned Payments to Transferee
2220 Bogey and/or its successors and assigns. This document constitutes a Transfer Agreement
as defined by Section 141.002(19) of the Texas Transfer Statute (hereinafter referred to as the
“Transfer Agreement” and attached hereto as Exhibit B).
14. 2220 Bogey timely provided to the Payee a written disclosure statement in
accordance with Section 141.003 of the Texas Transfer Statute, more than three (3) days prior to
APPLICATION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT
RIGHTS – Page 3
the date on which the Payee executed the Transfer Agreement (hereinafter referred to as the
“Disclosure Statement,” and attached hereto as Exhibit C).
15. The transfer is in the best interests of the Payee, taking into account the welfare and
support of the Payee’s dependents, if any.
16. Payee was advised in writing to seek independent professional advice regarding the
financial, legal, and tax implications of the transfer, and the Payee has either received independent
professional advice or has knowingly waived the advice in writing. A copy of the Payee’s
Statement of Independent Professional Advice is attached hereto as Exhibit D.
17. This transfer complies with the Texas Transfer Statute, and does not contravene
any applicable federal or state statute or the order of any court or other governmental or responsible
administrative authority. (A copy of the Texas Transfer Statute is attached hereto as Exhibit E.)
18. At least twenty (20) days prior to the hearing for approval of the transfer, the
Transferee will provide written notice of the hearing to the Annuity Issuer, the Structured
Settlement Obligor, and all other interested parties, if any, and will file same with the Court
pursuant to Section 141.006 of the Texas Transfer Statute. Specifically, the Annuity Issuer, the
Structured Settlement Obligor, and all interested parties will be provided with the following
documents and information pursuant to Section 141.006 of the Texas Transfer Statute:
A. A copy of this Application for Approval of Transfer of Structured Settlement
Payment Rights;
B. A copy of the Transfer Agreement;
C. A copy of the Disclosure Statement required by Section 141.003 of the Texas
Transfer Statute;
D. A list of the Payee’s dependent(s), together with each dependent’s age, if any;
E. Notification that any interested party is entitled to support, oppose, or otherwise
respond to this Application, either in person or by counsel, by submitting written
comments to the Court or by participating in the hearing; and
APPLICATION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT
RIGHTS – Page 4
F. Notification 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.
Prayer
Based upon the foregoing, 2220 Bogey Free, LLC requests that the Court grant this
Application and approve the transfer to 2220 Bogey of the Assigned Payments. 2220 Bogey Free,
LLC further requests that any final order(s) entered in this case relative to this Application be
maintained under temporary seal in accordance with Section 141.006(d)(2) of the Texas Transfer
Statute.
Respectfully submitted,
VASSAR, MCCOWN, DEAR & SICOTTE, L.L.P.
15851 Dallas Parkway, Suite 525
Addison, TX 75001
Telephone - (972) 371-2411
Fax - (972) 371-2410
Email – transfers@vmdslaw.com
/s/ J. Brian Dear
By: ___________________________
J. Brian Dear
State Bar No. 24032117
David S. Vassar
State Bar No. 20503175
ATTORNEYS FOR 2220 BOGEY FREE, LLC
APPLICATION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT
RIGHTS – Page 5
DocuSign Envelope ID: 3ABC04A8-0E53-46A5-B431-F54F9B6AF230
EXHIBIT A
PAYEE'S REQUEST TO CONCEAL PERSONALLY IDENTIFIABLE INFORMATION
Pursuant to Section 141.006(d) of the Texas Civil Practice and Remedies Code, I request that my
personally identifiable information be concealed from public inspection. Furthennore, I request the full
redaction of my name, address, and other info1mation that could reasonably be used to dete1mine my identity
or address, including the names of any dependents, family members, and beneficiaries from any application,
other pleadings, or any order filed or submitted to the Court related to my proposed transfer of structured
settlement payment rights.
DocuSign Envelope ID: 3ABC04A8-0E53-46A5-B431-F54F9B6AF230
EXHIBIT B
TRANSFER AND ASSIGNMENT AGREEMENT
This Transfer and Assignment Agreement (this "Agreement") is being entered into by and between
- ("Seller") who currently resides in TX and 2220 Bogey Free, LLC (hereinafter referred to as
"Purchaser").
NOW THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the
parties agree:
At some time in the past, Seller or Seller's predecessor in interest, entered into an agreement in
connection with the settlement of a lawsuit or other claim (the "Settlement Agreement"). Seller has told
Purchaser that Seller is entitled to receive certain payments due under the Settlement Agreement (hereinafter
referred to as the "Settlement Payments"). (the "Settlement Obligor")
agreed to make the payments that are due to Seller un ment. The Settlement Obligor
purchased and/or caused to be issued an annuity from (the
"Annuity Issuer"). Pursuant to the terms of the annuity, the Settlement Payments are to be made to Seller on
a fixed schedule. Seller has agreed to assign to Purchaser, Seller's right to receive certain Settlement Payments
in exchange for the Purchase Price described below.
A. Purchase and Sale. Subject to the terms and conditions herein provided, Purchaser agrees to pay
Seller the sum of- ("Purchase Price"), and Seller hereby sells and assigns to Purchaser, or its
assignee, Seller's right, title and interest in and to
8. Conditions to be Satisfied Prior to Closing. The following must occur prior to Purchaser paying Seller
the Purchase Price: (1) Purchaser shall be satisfied, in its sole discretion, that there are no claims, or
interests of any kind or nature whatsoever that do or may affect Purchaser's rights to or interest in
the Assigned Payments and/or Purchaser's or its assign's ability to receive the Assigned Payments in
their entirety on the dates set forth herein; (2) Purchaser receives a non-appealable court order that
(a) directs the Settlement Obligor and Annuity Issuer to make the Assigned Payments to Purchaser, or
its assigns; and (b) makes all finding required by applicable state and federal law (the "Court Order");
and (3) the company making the Settlement Payments has acknowledged the receipt of the Court
Order. Upon completion of the foregoing events, the Purchase Price will be paid to the Seller (the
"Closing").
C. Right to Assign. Purchaser may elect to assign this Agreement and/or its right, title, and interest
under this Agreement in the Assigned Payments to a third-party Purchaser (an "Assignee") and may
affect such assignment by requesting that the aforesaid Court Order name such Assignee as the
recipient of the Assigned Payments. The obligations and rights of Purchaser may be further assigned
or otherwise transferred by Purchaser, provided that any assignee is bound by the terms and
condition hereof. The obligations and rights of Seller under this Agreement may not be assigned or
otherwise transferred.
D. Representations and Warranties of Seller. Seller represents and warrants as follows: (1) Seller has full
power and authority to enter into this Agreement and assign the Assigned Payments to Purchaser; (2)
No other person, firm or corporation claims a lien, right, title or interest of any kind in the Assigned
Payments; (3) Seller has no lawsuits pending or threatened against Seller and Seller is not subject to
any outstanding judgment, levy, claim or offset; (4) Seller is not receiving the Settlement Payments as
a result of a workman's compensation claim; (5) Seller has paid all federal, state and local taxes due
through and Including the date hereof and Seller is not subject to any outstanding tax liens; (6) Seller
is not indebted for any child support arrearage or child support lien; (7) Seller has not filed for
bankruptcy and does not intend to file for bankruptcy; (8) Seller has reviewed and understands the
terms and effects of this Agreement and Seller is competent to enter into this Agreement; (9) Seller
has entered into this Agreement under Seller's own free will without undue influence or duress and
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Seller is not entering into this Agreement under the influence of drugs or alcohol; (10) Seller is
entering into this Agreement to sell the Assigned Payments to Purchaser, and with respect to the sale
of the Assigned Payments to Purchaser, Purchaser has satisfied all its obligations with respect to any
guarantee or other promotional offer; and (11) All information contained in the Application for Sale of
Structured Settlement Payments Is true and correct. If any of these statements becomes untrue prior
to the Closing (as defined herein), Seller agrees to notify Purchaser in writing immediately. Seller
hereby authorizes Purchaser or its agents or assigns to conduct such credit and other searches as may
be necessary in order to confirm the foregoing with the understanding that all such reports and
searches will be kept strictly confidential, but may be used by Purchaser, its subsidiaries, affiliates
and/or its assigns as necessary to complete the intent of this Agreement.
E. Indemnification. Seller agrees to indemnify, hold harmless and defend Purchaser against all claims,
losses, damages or expenses, including attorney fees, which Purchaser might incur as a result of any
breach or failure of any representation or warranty contained in Section D hereof or as a result of any
breach of any term or provision of the agreement.
F. Right to Cancel Assignment and Effective Notice of Cancellation. Seller has the right to cancel this
Agreement without any further obligation to Purchaser not later than the third business day after this
Agreement was signed, as required by law (the "Statutory Cancellation Period"). To cancel this
assignment during the Statutory Cancellation Period, Seller specifically agrees to provide notice to
Purchaser that Seller desires to cancel the above described assignment. In order for your cancellation
to be effective, you must send a notice by certified or registered mall (return receipt requested) or
FedEx or another major overnight delivery service to Purchaser.
G. Notices. All notices about this contract must be in writing. All notices must be sent either by: 1)
certified or registered mail (return receipt requested); or 2) FedEx or another major overnight delivery
service with a delivery tracing system and are considered given when delivered.
H. This Is Not a Loan. Purchaser and Seller acknowledge and agree that the sale and transfer herein
contemplated constitutes a sale of the Assigned Payments, and not a loan, conveying good title
thereto free and clear of any liens and encumbrances from Seller to Purchaser. In connection with the
rights granted to Purchaser hereunder, Seller hereby grants a security interest in all of Seller's right,
title and Interest in and right to receive all of the Assigned Payments to Purchaser, or its assigns, to
the extent such grant is permitted under applicable law. In addition, Seller authorizes Purchaser, its
subsidiaries, affiliates and/or its assigns to make all filings and to take all other actions that Purchaser
and/or assigns, in its discretion, deems necessary or proper to complete the transactions
contemplated hereby and to perfect the sale of the Assigned Payments including, without limitation,
filing a UCC-1 against the Assigned Payments.
I. Events of Default. Seller understand that the following events shall be deemed a default by Seller
under this Agreement; (a) Seller's death; (b) Seller's insolvency or the appointment of a custodian,
trustee, liquidator or receiver for Seller or Seller's assets; (c) an assignment for the benefit of Seller’s
creditors or the filing of a petition under bankruptcy, insolvency or debtor's relief laws by or against
Seller; (d) failure by the Settlement Obligor or Annuity Issuer to make any one or more of the Assigned
Payments as a result of any act by Seller, Seller's estate or any of Seller's heirs; (e) Seller's failure to
comply with any term or condition set forth in this Agreement; or (f) a representation or warranty
made by Seller turns out to be materially false.
J. Remedies. If Seller is in default, Purchaser has the right to enforce its rights against Seller in court to
make Seller perform their promises or to get money from the Seller including to recover damages for
breach thereof, along with court and attorney fees.
K. Beneficiaries. Seller acknowledges that Purchaser, or its assigns, is entitled to receive the Assigned
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Payments - to the exclusion of any beneficiary, heir, executor, representative or dependent of Seller -
even if Seller is no longer living at the time when the payments come due. Seller shall execute and
deliver a separate writing which designates Seller's estate as the beneficiary of the Assigned Payments
and shall execute and sign any document, agreement, waiver, beneficiary change, or other document
required to reflect, evidence, and confirm that Purchaser, or its assigns shall be entitled to receive the
Assigned Payments to the exclusion of Seller and/or Seller's heirs, beneficiaries, representative,
dependents, and executors. Seller cannot and will not amend, modify, alter or otherwise change the
beneficiary designation without Purchaser's express prior written consent.
L. Adjustment of Purchase Price; Advances; Satisfaction of Judgments. Seller acknowledges and agrees
that the Purchase Price may be adjusted, if necessary, by subtracting an amount equal to the sum of
(i) all Assigned Payments received by Seller after the date of this Agreement and prior to the Closing;
plus (ii) any payments and advances made to Seller or made on behalf of Seller to a third party at or
prior to the Closing. Any advances and payment to third parties by Purchaser shall be made, if at all, in
Purchaser's sole and absolute discretion. In the event that any charges, encumbrances, judgments
(including, without limitation, any pledges or assignments), liens, or other claims against the Seller or
the Assigned Payments should arise or be disclosed, then Seller may be required to satisfy these
obligations at Closing. Seller agrees that any disbursements required for these satisfactions shall be
paid from the Purchase Price prior to any disbursement to Seller. In the event Purchaser elects to
disburse some or all of the Purchase Price prior to obtaining all reports identifying charges,
encumbrances, judgments, liens or other claims, Seller hereby agrees that Purchaser, or its assignees,
may hold back from the disbursement two (2) times the total of such charges, encumbrances,
judgments, liens or other claims as reasonably estimated by Purchaser. In such event, Seller will
execute any and all documentation reasonably requested by Purchaser to identify the amounts to be
withheld and consent to such withholding. Additionally, if prior to the completion of the transfer
provided in this Agreement, it is determined that any portion of the Assigned Payments are not
available to be purchased, I understand and agree that an equal amount shall be deducted from the
Assignment Price, and the Assignment Price shall be reduced in the same amount as these payments,
and that the terms of this Agreement regarding the payments to be assigned, shall be treated as
amended to reflect the adjusted amount.
M. Waiver of Restrictions on Assignability. Seller acknowledges that Seller's Settlement Agreement may
have been entered into prior to the enactment of the relevant Structured Settlement Protection
Act/s. Accordingly, Seller's Settlement Agreement may contain a provision or provisions restricting or
purporting to restrict Seller's right to assign. Seller, on behalf of Seller, and Seller's heirs, beneficiaries,
executors, administrators, successors, and legal representatives, hereby waives and releases any such
restriction. Furthermore, Seller agrees and covenants that Seller shall not raise, assert or claim any
such rights or restrictions against Purchaser in the future.
N. Continuing Cooperation. Upon Seller's execution of this Agreement, Purchaser and Seller shall
cooperate in commencing a legal action with the appropriate court seeking the court approval
required by the relevant Structured Settlement Protection Act/s. Seller agrees to cooperate in taking
all actions to facilitate the consummation of the transaction contemplated under this Agreement,
including appearing in the contemplated court action as a party thereto. Seller agrees to execute and
deliver at any time any additional instruments and documents promptly and to do any acts or things
as may be necessary or expedient to effectuate the terms and conditions of this Agreement, including
obtaining, providing and filing any court documents necessary to obtain a Court Order approving the
assignment contemplated by this Agreement. Seller hereby authorizes the Purchaser to correct any
typographical errors or to make any ministerial revisions to this Agreement and to any other
supporting documents signed by Seller if such revisions are necessary to effectuate the terms and
conditions of this Agreement. Seller also agrees to notify Purchaser in writing of any delay in
performance or changes to the Assigned Payments, and to furnish to Purchaser all information
received by Seller regarding the Assigned Payments.
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O. Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Seller’s current domicile.
P. Holdback. Purchaser, or its assigns, shall, in its discretion, withhold an amount from the Purchase
Price equal to the amount of the payments to be paid within six months of the Closing, or the amount
of the first assigned lump sum payment, until such time as the first payment is received by Purchaser
or its assigns. Within five business days after receipt of the first payment, Purchaser, or its assigns,
shall release any funds withheld from the Purchase Price to Seller. Purchaser, or its assigns, shall have
the right to retain funds sufficient to cover any payments not received.
Q. General Provisions. (1) This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original and all of which together shall constitute one and the same Agreement;
(2) The section headings contained in this Agreement are for reference only and shall not affect in any
way the meaning or interpretation of this Agreement; (3) In the event an action is commenced in any
forum to enforce the rights of a party to this Agreement, then the prevailing party in such action shall
be entitled to all reasonable attorney's fees and costs incurred to the extent permitted by law; (4) This
Agreement may be amended or modified, and performance of any covenant or agreement herein
contained may be waived or modified only by an instrument signed by the parties hereto. The waiver
or modification by a party of performance or of a breach of any provision of this Agreement shall not
operate or be construed as a waiver of any subsequent or other performance or breach thereof; (5)
This Agreement constitutes the entire agreement and understanding of the parties with respect to the
matters and transactions contemplated hereby and supersedes any and all prior agreements and
understandings with respect thereto. No representations have been made, or relied upon, by either
party except those set forth in this Agreement; (6) Except for notice pursuant to section G, notice shall
be deemed to have been duly given three (3) business days after having been mailed by certified or
registered mail, return receipt requested or upon delivery if delivered by a nationally recognized
overnight delivery service, such as Federal express; (7) Seller acknowledges and agrees that the
obligations under this Agreement shall be binding upon Seller, Seller's heirs, personal representative,
transferees, successors, estate and assigns; and (8) If any provision of this Agreement is found to be
invalid or unenforceable, the validity or enforceability of any other provision of this Agreement shall
not be affected thereby.
R. Special Irrevocable Durable Power of Attorney. Seller hereby grants Purchaser, or its assigns, a
Special Irrevocable Durable Power of Attorney with full power of substitution, to act In Seller's name,
place and stead regarding the Assigned Payments, including, without limitation, the authority to
negotiate, endorse and execute checks, drafts and other Instruments in Seller's name, the power to
alter, edit and change payment instructions and/or beneficiary designations and any other act it
deems necessary to obtain all the benefits of the bargain contemplated by this Agreement. This
durable power of attorney shall be coupled with an interest, and shall survive Seller's death, disability,
incompetence or incapacity. Seller declares this durable power of attorney to be irrevocable and
renounces all right to revoke it or appoint any other person to perform the acts referred to in this
provision.
S. Independent Advice. Purchaser advises Seller to seek independent professional advice regarding the
transaction contemplated by this Agreement. Seller (i) has had the opportunity to receive legal, tax
financial, accounting and/or business or personal advice regarding the transaction contemplated by
this Agreement from Seller's own legal, tax, financial, accounting and/or other advisors and has either
received such advice or has knowingly and voluntarily waived and declined the opportunity to seek
such advice; (ii) Seller has not received any financial, accounting, tax, legal, business, or other advice
from the Purchaser; (iii) Seller has not relied on any representations or statements made by
Purchaser, Purchaser's agents or attorneys in connection with this transaction or the tax
consequences hereof; and (iv) Seller has relied solely upon the advice of Seller's own financial, tax,
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legal, business and other advisors in entering into this Agreement. Seller further acknowledges that
Seller is fully aware of the economic consequences of the transaction contemplated by this
Agreement. This is an important financial transaction and Seller should consult with his/her own
advisors regarding said transaction.
T. Servicing Arrangement. In the event Seller is selling less than the entire amount of any individual
Settlement Payment, the Settlement Obligor, the Annuity Issuer or the Court may require, or it may
otherwise be necessary or convenient, that Purchaser, or its assigns, receive the entire Settlement
Payment and assume the obligation to remit any unassigned portion of such Settlement Payment to
Seller. Should such a situation arise, Seller authorizes and directs Purchaser, or its assigns, or any third
party contracted by Purchaser or its assigns for this purpose, to receive the entirety of each
Settlement Payment affected, and remit the unassigned portion of each such Settlement Payment to
Seller (the "Servicing Arrangement"). Seller acknowledges, understands and agrees that (1) The
Servicing Arrangement may reduce the assignability of the unassigned portion of any affected
Settlement Payment; (2) Purchaser has paid Seller fair and adequate consideration for the Assigned
Payments, including the negative impact, if any, that the Servicing Arrangement may have upon the
future assignability of the unassigned portions of Settlement Payments of which the Assigned
Payments are a part; (3) It shall be Seller's sole and exclusive responsibility to notify Purchaser, or its
assigns, by written notice, of the address to which the unassigned portion of the Settlement Payments
is to be forwarded; (4) With respect to any unassigned portion of any Settlement Payment affected by
the Servicing Arrangement, Purchaser's, or its assign's, obligations and liability under the Servicing
Arrangement shall be satisfied upon deposit in the amount of the unassigned portion of such
Settlement Payment via ACH, Wire, or a check in the United States Mail, UPS, FedEx or similar
overnight delivery service, postage or fee prepaid, addressed to the last known address for Seller; and
(5) The Servicing Arrangement will result in a delay in Seller's receipt of the unassigned portion of the
Settlement Payments affected by the Servicing Arrangement.
U. Arbitration of Disputes. Any dispute, claim or controversy arising out of or relating to this
Agreement (other than the petitions required by law to be filed in court for the approval of transfers)
or the breach, termination, enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of this agreement to arbitrate (“Claim”), shall be
determined by final and binding arbitration in Seller’s state of domicile. In no event shall a Claim (in a
demand or counter-demand) be entertained if the demand (or counter-demand), is filed after the
date when institution of legal or equitable proceedings based on such Claim would be barred by the
applicable statute of limitations. The arbitration shall be administered by JAMS Arbitration (“JAMS”)
pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be
entered in any court having jurisdiction. The arbitrator shall apply the law of the jurisdiction where
court approval of this Agreement was sought. Purchaser or Seller may, upon approval of the other,
substitute another nationally recognized independent arbitration organization that uses a similar code
or procedure. This arbitration agreement is made pursuant to a transaction involving interstate
commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16.
(Signatures and Acknowledgment on Following Page)
DocuSign Envelope ID: 3ABC04A8-0E53-46A5-B431-F54F9B6AF23D
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized
representatives effective as of the date first set forth above.
2/11/2024
Date
DocuSign Envelope ID: 3ABC04A8-0E53-46A5-B431-F54F9B6AF23D
Accepted:
2220 Bogey Free, LLC
Title: Authorized Rep.
Date: 2/12/2024
DocuSign Envelope ID: 9B3D534B-7CC1-4853-ACC2-54398DB7AAOC
EXHIBIT C
TEXAS TRANSFER DISCLOSURE
Payee::111111
Resi::
2/8/2024
A. Amounts and due dates of the structured settlement
to be transferred:
B. Aggregate amount of the payments:
C. Discounted present value of the payments to be transferred
(i.e. This is the calculation of current value of the transferred
structured settlement payments under federal standards for
valuing annuities determined by applying the mos�
published (discount) rate of 4.80o/o as of 2/8/2024): -
D. Gross advance amount:
E. Itemized listing of all applicable transfer expenses, other than
attorney's fees and related disbursements payable in
connection with the transferee's application for approval of
the transfer: Processing Fee: NONE.
F. Estimate of the amount of attorney's fees and related
disbursements: NONE.
G. Net advance amount: - minus any advances made to
the Payee or on Paye�or claims satisfied, against the
amount payable to Payee.
H. Amount of any penalties or liquidated damages payable by the
Payee in the event of any breach of the transfer agreement by
the Payee: NONE.
Initials:
DocuSign Envelope ID: 9B3D534B-7CC1-4853-ACC2-54398DB7AAOC
I. You have the right to cancel the transfer agreement, without
penalty or further obligation, not later than the third business
day after the date you signed the agreement.
J. Payee is advised to seek independent professional advice
regarding the transfer.
Payee acknowledges receipt of and acknowledges to have read and
understood the above disclosure statement and information required
to be disclosed by Payee's applicable state statute(s).
By signing below, you are confirming that you received a copy of this
disclosure at least 3 days prior to executing your transfer agreement.
DocuSign Envelope ID: 9B3D534B-7CC1-4853-ACC2-54398DB7AAOC
DELAWARE TRANSFER DISCLOSURE
Payee::111111
Resi::
2/8/2024
A. Amounts and due dates of the structured settlement
to be transferred:
B. Aggregate amount of such payments:
C. Discounted present value of the payments: -
determined by applying the most recently p�
(discount) rate of 4.80 °/o as of 2/8/2024.
D. Gross amo� to the Payee in exchange for such
payments:-
E. ltemized listing of all brokers' commissions, service charges,
application fees, processing fees, closing costs, filing fees,
administrative fees, legal fees, notary fees and other
commissions, fees, costs, expenses and charges payable by
the Payee or deductible from the gross amount otherwise
payable to the Payee: Legal Fees: NONE; Processing Fee:
NONE.
F. Net amount payable to Payee after deduction of all
commissions fees, costs, expenses and charges described
above: - minus any advances made to the Payee or
on Payee s e a , or claims satisfied, against the amount
payable to Payee.
Initials:
DocuSign Envelope ID: 9B3D534B-7CC1-4853-ACC2-54398DB7AAOC
G. Quotient (expressed as a percentage) obtained by dividing the
net payment amount by the discounted present value of the
payments:-
H. Amount of any penalty and the aggregate amount of any
liquidated damages (inclusive of penalties) payable by the
Payee in the event of any breach of the transfer agreement by
the Payee: NONE.
Payee acknowledges receipt of, and acknowledges to have read and
understood the above disclosure statement and information required
to be disclosed by Payee's applicable state statute(s).
By signing below, you acknowledge receipt of this disclosure
statement at least ten (10) days before the date on which you first
incur an obligation with respect to the transfer.
DocuSign Envelope ID: 9B3D534B-7CC1-4853-ACC2-54398DB7AAOC
MICHIGAN TRANSFER DISCLOSURE
Payee::11111
Resi::
2/8/2024
A. Amounts and due dates of the structured settlement
B. Aggregate amount of the payments:
C. Discounted present value of the payments: -
determined by applying the most recently p�
(discount) rate of 4.80°/o as of 2/8/2024. This is the
calculation of current value of the transferred structured
settlement payments under federal standards for valuing
annuities.
D. Gross advance amount:
E. Itemized listing of all applicable transfer expenses, other
than attorneys' fees and related disbursements payable in
connection with the transferee's application for approval
the transfer: Processing Fee: NONE.
F. Transferee's best estimate of attorneys' fees and related
disbursements payable in connection with the transferee's
application for approval of the transfer: NONE.
G. Net advance amount: -minus any advances
made to the Payee or� behalf, or claims
satisfied, against the amount payable to Payee.
H. Amount of any penalty or liquidated damages payable by
the Payee in the event of a breach of the transfer
agreement by the Payee: NONE.
Initials:
DocuSign Envelope ID: 9B3D534B-7CC1-4853-ACC2-54398DB7AAOC
I. Payee has the right to cancel the transfer agreement,
without penalty or further obligation, not later than the
third (3rd) business day after the date the agreement is
signed by the Payee.
Payee acknowledges receipt of, and acknowledges to have read
and understood, the above disclosure statement and information
required to be disclosed by Payee's applicable state statute(s).
By signing below, you are confirming that you received a copy of
this disclosure at least 3 days prior to executing your transfer
agreement.
DocuSign Envelope ID: 3ABC04A8-0E53-46A5-B431-F54F9B6AF23D
EXHIBIT D
Statement of Professional Representation - WAIVER
I have been advised by 2220 Bogey Free, LLC in writing, to seek independent
professional advice from a professional such as an attorney, an accountant or
financial planner regarding the implications of transferring my future rights to
structured settlement payments. I have considered this option, but I have chosen
not to seek such advice.
Print name
2/11/2024
Date
EXHIBIT E
CIVIL PRACTICE AND REMEDIES CODE
TITLE 6. MISCELLANEOUS PROVISIONS
CHAPTER 141. STRUCTURED SETTLEMENT PROTECTION ACT
Sec. 141.001. SHORT TITLE. This chapter may be cited as the Structured Settlement
Protection Act.
Added by Acts 2001, 77th Leg., ch. 96, § 1, eff. Sept. 1, 2001.
Sec. 141.002. DEFINITIONS. In this chapter:
(1) 'Annuity issuer' means an insurer that has issued a contract to fund periodic
payments under a structured settlement.
(2) 'Court' means:
(A) the court of original jurisdiction that authorized or approved a
structured settlement; or
(B) if the court that authorized or approved the structured settlement no
longer has jurisdiction to approve a transfer of payment rights under the structured settlement
under this chapter, a statutory county court, a statutory probate court, or a district court located in
the county in which the payee resides.
(3) 'Dependents' includes a payee's spouse, minor children, and all other persons
for whom the payee is legally obligated to provide support, including alimony.
(4) 'Discounted present value' means the present value of future payments
determined by discounting the payments to the present using the most recently published
Applicable Federal Rate for determining the present value of an annuity, as issued by the
United States Internal Revenue Service.
(5) 'Gross advance amount' means the sum payable to the payee or for the payee's
account as consideration for a transfer of structured settlement payment rights before any
reductions for transfer expenses or other deductions to be made from the consideration.
(6) 'Independent professional advice' means advice of an attorney, certified
public accountant, actuary, or other licensed professional adviser.
(7) 'Interested party' means, with respect to any structured settlement:
(A) the payee;
(B) any beneficiary irrevocably designated under the annuity contract to
receive payments following the payee's death;
(C) the annuity issuer;
(D) the structured settlement obligor; and
(E) any other party that has continuing rights or obligations under the
structured settlement.
(8) 'Net advance amount' means the gross advance amount less the aggregate
amount of the actual and estimated transfer expenses required to be disclosed under Section
141.003(5).
(9) 'Payee' means an individual who is receiving tax-free payments under a
structured settlement and proposes to transfer payment rights under the structured settlement.
(10) 'Periodic payments' includes both recurring payments and scheduled future
lump-sum payments.
(11) 'Qualified assignment agreement' means an agreement providing for a
qualified assignment within the meaning of Section 130, Internal Revenue Code of 1986 (26
U.S.C. Section 130), as amended.
(12) 'Settled claim' means the original tort claim or workers' compensation claim
resolved by a structured settlement.
(13) 'Structured settlemen
Preview
FILED 2/12/2024 2:44 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Christi Underwood DEPUTY DC-24-02292 CAUSE NO. __________ § IN THE DISTRICT COURT OF IN RE: § § DALLAS COUNTY, TEXAS 2220 BOGEY FREE, LLC § § 191 _______ JUDICIAL DISTRICT APPLICATION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS Applicant 2220 Bogey Free, LLC (“2220 Bogey” or “Transferee”) files this Application for Approval of Transfer of Structured Settlement Payment Rights pursuant to Chapter 141 of the Texas Civil Practice & Remedies Code (the “Texas Transfer Statute”) and requests that the Court approve a transfer of the right to receive certain future structured settlement payments. In support of this Application, 2220 Bogey would respectfully show the Court as follows: Discovery Control Plan 1. Although it is anticipated that no discovery will be necessary in this case, pursuant to Tex. R. Civ. P. Rule 190, this case should be governed by Discovery Control Plan 2. Parties 2. Applicant 2220 Bogey is the proposed Transferee as defined by Section 141.002(21) of the Texas Transfer Statute. 3. (“Payee”) is the Payee as defined by Section 141.002(9) of the Texas Transfer Statute. Payee is years old and currently resides in Dallas County, Texas. 4. John Hancock Life Insurance Company (“JHLIC” or “Annuity Issuer”) is the Annuity Issuer as defined by Section 141.002(1) of the Texas Transfer Statute. 5. John Hancock Assignment Company (“JHAC” or “Structured Settlement Obligor”) is the Structured Settlement Obligor as defined by Section 141.002(15) of the Texas Transfer Statute. APPLICATION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS – Page 1 Venue and Jurisdiction 6. Venue and jurisdiction are proper in the 191st District Court of Dallas County, Texas because the 191st District Court of Dallas County, Texas approved the Settlement that is the subject of this Application in Cause No DC , styled According to Section 141.002(2) of the Texas Transfer Statute, this application is properly brought in the court of original jurisdiction that authorized or approve the structured settlement. Redaction of Personally Identifiable Information and Request for Issuance of Order Under Temporary Seal 7. Payee’s personally identifiable information has been redacted from this Application pursuant to Section 141.006(d) of the Texas Transfer Statute. A written request by Payee to conceal the personally identifiable information from public inspection is attached hereto as Exhibit A. 2220 Bogey will provide the court and each interested party required to receive notice under Section 141.006(b) of the Texas Transfer Statute complete, unredacted copies of the application and all other pleadings in the time provided by the Texas Transfer Statute. 8. Furthermore, pursuant to Section 141.006(d)(2) of the Texas Transfer Statute, 2220 Bogey requests that with respect to any order issued approving or denying this Application, a copy of the order be filed as part of the public record with the personally identifiable information redacted. At the same time as the filing of the redacted order, 2220 Bogey requests that an unredacted copy of the order be issued under seal, with an unredacted copy of the order provided to 2220 Bogey and all interested parties. List of Dependents 9. Payee is single and has the following dependents as defined by the Texas Transfer Statute: None. APPLICATION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS – Page 2 Statement of Facts 10. Payee was involved in the settlement of a lawsuit/claim (the “Settlement”) whereby Payee became entitled to receive certain structured periodic settlement payments. (The payments due and payable to Payee under the Settlement shall hereafter be referred to as the “Settlement Payments.”) 11. In accordance with the Settlement, the obligation to make the Settlement Payments was assigned to and assumed by JHAC. JHAC then purchased an annuity (“the Annuity”), from JHLIC to fund its obligations to make the Settlement Payments to Payee under the Settlement. Payee receives the Settlement Payments directly from JHLIC. 12. In return for the payment of a lump sum, Payee has agreed to transfer and assign to 2220 Bogey the right to receive certain Settlement Payments as follows: • • (The payments which are being transferred to 2220 Bogey pursuant to the Transfer Agreement, as defined below, and which are the subject of this court proceeding, shall hereafter be referred to as the “Assigned Payments.”) 13. Payee executed a Transfer and Assignment Agreement dated on or about February 11, 2024, in which the Payee agreed to assign and transfer the Assigned Payments to Transferee 2220 Bogey and/or its successors and assigns. This document constitutes a Transfer Agreement as defined by Section 141.002(19) of the Texas Transfer Statute (hereinafter referred to as the “Transfer Agreement” and attached hereto as Exhibit B). 14. 2220 Bogey timely provided to the Payee a written disclosure statement in accordance with Section 141.003 of the Texas Transfer Statute, more than three (3) days prior to APPLICATION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS – Page 3 the date on which the Payee executed the Transfer Agreement (hereinafter referred to as the “Disclosure Statement,” and attached hereto as Exhibit C). 15. The transfer is in the best interests of the Payee, taking into account the welfare and support of the Payee’s dependents, if any. 16. Payee was advised in writing to seek independent professional advice regarding the financial, legal, and tax implications of the transfer, and the Payee has either received independent professional advice or has knowingly waived the advice in writing. A copy of the Payee’s Statement of Independent Professional Advice is attached hereto as Exhibit D. 17. This transfer complies with the Texas Transfer Statute, and does not contravene any applicable federal or state statute or the order of any court or other governmental or responsible administrative authority. (A copy of the Texas Transfer Statute is attached hereto as Exhibit E.) 18. At least twenty (20) days prior to the hearing for approval of the transfer, the Transferee will provide written notice of the hearing to the Annuity Issuer, the Structured Settlement Obligor, and all other interested parties, if any, and will file same with the Court pursuant to Section 141.006 of the Texas Transfer Statute. Specifically, the Annuity Issuer, the Structured Settlement Obligor, and all interested parties will be provided with the following documents and information pursuant to Section 141.006 of the Texas Transfer Statute: A. A copy of this Application for Approval of Transfer of Structured Settlement Payment Rights; B. A copy of the Transfer Agreement; C. A copy of the Disclosure Statement required by Section 141.003 of the Texas Transfer Statute; D. A list of the Payee’s dependent(s), together with each dependent’s age, if any; E. Notification that any interested party is entitled to support, oppose, or otherwise respond to this Application, either in person or by counsel, by submitting written comments to the Court or by participating in the hearing; and APPLICATION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS – Page 4 F. Notification 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. Prayer Based upon the foregoing, 2220 Bogey Free, LLC requests that the Court grant this Application and approve the transfer to 2220 Bogey of the Assigned Payments. 2220 Bogey Free, LLC further requests that any final order(s) entered in this case relative to this Application be maintained under temporary seal in accordance with Section 141.006(d)(2) of the Texas Transfer Statute. Respectfully submitted, VASSAR, MCCOWN, DEAR & SICOTTE, L.L.P. 15851 Dallas Parkway, Suite 525 Addison, TX 75001 Telephone - (972) 371-2411 Fax - (972) 371-2410 Email – transfers@vmdslaw.com /s/ J. Brian Dear By: ___________________________ J. Brian Dear State Bar No. 24032117 David S. Vassar State Bar No. 20503175 ATTORNEYS FOR 2220 BOGEY FREE, LLC APPLICATION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS – Page 5 DocuSign Envelope ID: 3ABC04A8-0E53-46A5-B431-F54F9B6AF230 EXHIBIT A PAYEE'S REQUEST TO CONCEAL PERSONALLY IDENTIFIABLE INFORMATION Pursuant to Section 141.006(d) of the Texas Civil Practice and Remedies Code, I request that my personally identifiable information be concealed from public inspection. Furthennore, I request the full redaction of my name, address, and other info1mation that could reasonably be used to dete1mine my identity or address, including the names of any dependents, family members, and beneficiaries from any application, other pleadings, or any order filed or submitted to the Court related to my proposed transfer of structured settlement payment rights. DocuSign Envelope ID: 3ABC04A8-0E53-46A5-B431-F54F9B6AF230 EXHIBIT B TRANSFER AND ASSIGNMENT AGREEMENT This Transfer and Assignment Agreement (this "Agreement") is being entered into by and between - ("Seller") who currently resides in TX and 2220 Bogey Free, LLC (hereinafter referred to as "Purchaser"). NOW THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the parties agree: At some time in the past, Seller or Seller's predecessor in interest, entered into an agreement in connection with the settlement of a lawsuit or other claim (the "Settlement Agreement"). Seller has told Purchaser that Seller is entitled to receive certain payments due under the Settlement Agreement (hereinafter referred to as the "Settlement Payments"). (the "Settlement Obligor") agreed to make the payments that are due to Seller un ment. The Settlement Obligor purchased and/or caused to be issued an annuity from (the "Annuity Issuer"). Pursuant to the terms of the annuity, the Settlement Payments are to be made to Seller on a fixed schedule. Seller has agreed to assign to Purchaser, Seller's right to receive certain Settlement Payments in exchange for the Purchase Price described below. A. Purchase and Sale. Subject to the terms and conditions herein provided, Purchaser agrees to pay Seller the sum of- ("Purchase Price"), and Seller hereby sells and assigns to Purchaser, or its assignee, Seller's right, title and interest in and to 8. Conditions to be Satisfied Prior to Closing. The following must occur prior to Purchaser paying Seller the Purchase Price: (1) Purchaser shall be satisfied, in its sole discretion, that there are no claims, or interests of any kind or nature whatsoever that do or may affect Purchaser's rights to or interest in the Assigned Payments and/or Purchaser's or its assign's ability to receive the Assigned Payments in their entirety on the dates set forth herein; (2) Purchaser receives a non-appealable court order that (a) directs the Settlement Obligor and Annuity Issuer to make the Assigned Payments to Purchaser, or its assigns; and (b) makes all finding required by applicable state and federal law (the "Court Order"); and (3) the company making the Settlement Payments has acknowledged the receipt of the Court Order. Upon completion of the foregoing events, the Purchase Price will be paid to the Seller (the "Closing"). C. Right to Assign. Purchaser may elect to assign this Agreement and/or its right, title, and interest under this Agreement in the Assigned Payments to a third-party Purchaser (an "Assignee") and may affect such assignment by requesting that the aforesaid Court Order name such Assignee as the recipient of the Assigned Payments. The obligations and rights of Purchaser may be further assigned or otherwise transferred by Purchaser, provided that any assignee is bound by the terms and condition hereof. The obligations and rights of Seller under this Agreement may not be assigned or otherwise transferred. D. Representations and Warranties of Seller. Seller represents and warrants as follows: (1) Seller has full power and authority to enter into this Agreement and assign the Assigned Payments to Purchaser; (2) No other person, firm or corporation claims a lien, right, title or interest of any kind in the Assigned Payments; (3) Seller has no lawsuits pending or threatened against Seller and Seller is not subject to any outstanding judgment, levy, claim or offset; (4) Seller is not receiving the Settlement Payments as a result of a workman's compensation claim; (5) Seller has paid all federal, state and local taxes due through and Including the date hereof and Seller is not subject to any outstanding tax liens; (6) Seller is not indebted for any child support arrearage or child support lien; (7) Seller has not filed for bankruptcy and does not intend to file for bankruptcy; (8) Seller has reviewed and understands the terms and effects of this Agreement and Seller is competent to enter into this Agreement; (9) Seller has entered into this Agreement under Seller's own free will without undue influence or duress and DocuSign Envelope ID: 3ABC04A8-0E53-46A5-B431-F54F9B6AF23D Seller is not entering into this Agreement under the influence of drugs or alcohol; (10) Seller is entering into this Agreement to sell the Assigned Payments to Purchaser, and with respect to the sale of the Assigned Payments to Purchaser, Purchaser has satisfied all its obligations with respect to any guarantee or other promotional offer; and (11) All information contained in the Application for Sale of Structured Settlement Payments Is true and correct. If any of these statements becomes untrue prior to the Closing (as defined herein), Seller agrees to notify Purchaser in writing immediately. Seller hereby authorizes Purchaser or its agents or assigns to conduct such credit and other searches as may be necessary in order to confirm the foregoing with the understanding that all such reports and searches will be kept strictly confidential, but may be used by Purchaser, its subsidiaries, affiliates and/or its assigns as necessary to complete the intent of this Agreement. E. Indemnification. Seller agrees to indemnify, hold harmless and defend Purchaser against all claims, losses, damages or expenses, including attorney fees, which Purchaser might incur as a result of any breach or failure of any representation or warranty contained in Section D hereof or as a result of any breach of any term or provision of the agreement. F. Right to Cancel Assignment and Effective Notice of Cancellation. Seller has the right to cancel this Agreement without any further obligation to Purchaser not later than the third business day after this Agreement was signed, as required by law (the "Statutory Cancellation Period"). To cancel this assignment during the Statutory Cancellation Period, Seller specifically agrees to provide notice to Purchaser that Seller desires to cancel the above described assignment. In order for your cancellation to be effective, you must send a notice by certified or registered mall (return receipt requested) or FedEx or another major overnight delivery service to Purchaser. G. Notices. All notices about this contract must be in writing. All notices must be sent either by: 1) certified or registered mail (return receipt requested); or 2) FedEx or another major overnight delivery service with a delivery tracing system and are considered given when delivered. H. This Is Not a Loan. Purchaser and Seller acknowledge and agree that the sale and transfer herein contemplated constitutes a sale of the Assigned Payments, and not a loan, conveying good title thereto free and clear of any liens and encumbrances from Seller to Purchaser. In connection with the rights granted to Purchaser hereunder, Seller hereby grants a security interest in all of Seller's right, title and Interest in and right to receive all of the Assigned Payments to Purchaser, or its assigns, to the extent such grant is permitted under applicable law. In addition, Seller authorizes Purchaser, its subsidiaries, affiliates and/or its assigns to make all filings and to take all other actions that Purchaser and/or assigns, in its discretion, deems necessary or proper to complete the transactions contemplated hereby and to perfect the sale of the Assigned Payments including, without limitation, filing a UCC-1 against the Assigned Payments. I. Events of Default. Seller understand that the following events shall be deemed a default by Seller under this Agreement; (a) Seller's death; (b) Seller's insolvency or the appointment of a custodian, trustee, liquidator or receiver for Seller or Seller's assets; (c) an assignment for the benefit of Seller’s creditors or the filing of a petition under bankruptcy, insolvency or debtor's relief laws by or against Seller; (d) failure by the Settlement Obligor or Annuity Issuer to make any one or more of the Assigned Payments as a result of any act by Seller, Seller's estate or any of Seller's heirs; (e) Seller's failure to comply with any term or condition set forth in this Agreement; or (f) a representation or warranty made by Seller turns out to be materially false. J. Remedies. If Seller is in default, Purchaser has the right to enforce its rights against Seller in court to make Seller perform their promises or to get money from the Seller including to recover damages for breach thereof, along with court and attorney fees. K. Beneficiaries. Seller acknowledges that Purchaser, or its assigns, is entitled to receive the Assigned DocuSign Envelope ID: 3ABC04A8-0E53-46A5-B431-F54F9B6AF23D Payments - to the exclusion of any beneficiary, heir, executor, representative or dependent of Seller - even if Seller is no longer living at the time when the payments come due. Seller shall execute and deliver a separate writing which designates Seller's estate as the beneficiary of the Assigned Payments and shall execute and sign any document, agreement, waiver, beneficiary change, or other document required to reflect, evidence, and confirm that Purchaser, or its assigns shall be entitled to receive the Assigned Payments to the exclusion of Seller and/or Seller's heirs, beneficiaries, representative, dependents, and executors. Seller cannot and will not amend, modify, alter or otherwise change the beneficiary designation without Purchaser's express prior written consent. L. Adjustment of Purchase Price; Advances; Satisfaction of Judgments. Seller acknowledges and agrees that the Purchase Price may be adjusted, if necessary, by subtracting an amount equal to the sum of (i) all Assigned Payments received by Seller after the date of this Agreement and prior to the Closing; plus (ii) any payments and advances made to Seller or made on behalf of Seller to a third party at or prior to the Closing. Any advances and payment to third parties by Purchaser shall be made, if at all, in Purchaser's sole and absolute discretion. In the event that any charges, encumbrances, judgments (including, without limitation, any pledges or assignments), liens, or other claims against the Seller or the Assigned Payments should arise or be disclosed, then Seller may be required to satisfy these obligations at Closing. Seller agrees that any disbursements required for these satisfactions shall be paid from the Purchase Price prior to any disbursement to Seller. In the event Purchaser elects to disburse some or all of the Purchase Price prior to obtaining all reports identifying charges, encumbrances, judgments, liens or other claims, Seller hereby agrees that Purchaser, or its assignees, may hold back from the disbursement two (2) times the total of such charges, encumbrances, judgments, liens or other claims as reasonably estimated by Purchaser. In such event, Seller will execute any and all documentation reasonably requested by Purchaser to identify the amounts to be withheld and consent to such withholding. Additionally, if prior to the completion of the transfer provided in this Agreement, it is determined that any portion of the Assigned Payments are not available to be purchased, I understand and agree that an equal amount shall be deducted from the Assignment Price, and the Assignment Price shall be reduced in the same amount as these payments, and that the terms of this Agreement regarding the payments to be assigned, shall be treated as amended to reflect the adjusted amount. M. Waiver of Restrictions on Assignability. Seller acknowledges that Seller's Settlement Agreement may have been entered into prior to the enactment of the relevant Structured Settlement Protection Act/s. Accordingly, Seller's Settlement Agreement may contain a provision or provisions restricting or purporting to restrict Seller's right to assign. Seller, on behalf of Seller, and Seller's heirs, beneficiaries, executors, administrators, successors, and legal representatives, hereby waives and releases any such restriction. Furthermore, Seller agrees and covenants that Seller shall not raise, assert or claim any such rights or restrictions against Purchaser in the future. N. Continuing Cooperation. Upon Seller's execution of this Agreement, Purchaser and Seller shall cooperate in commencing a legal action with the appropriate court seeking the court approval required by the relevant Structured Settlement Protection Act/s. Seller agrees to cooperate in taking all actions to facilitate the consummation of the transaction contemplated under this Agreement, including appearing in the contemplated court action as a party thereto. Seller agrees to execute and deliver at any time any additional instruments and documents promptly and to do any acts or things as may be necessary or expedient to effectuate the terms and conditions of this Agreement, including obtaining, providing and filing any court documents necessary to obtain a Court Order approving the assignment contemplated by this Agreement. Seller hereby authorizes the Purchaser to correct any typographical errors or to make any ministerial revisions to this Agreement and to any other supporting documents signed by Seller if such revisions are necessary to effectuate the terms and conditions of this Agreement. Seller also agrees to notify Purchaser in writing of any delay in performance or changes to the Assigned Payments, and to furnish to Purchaser all information received by Seller regarding the Assigned Payments. DocuSign Envelope ID: 3ABC04A8-0E53-46A5-B431-F54F9B6AF23D O. Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Seller’s current domicile. P. Holdback. Purchaser, or its assigns, shall, in its discretion, withhold an amount from the Purchase Price equal to the amount of the payments to be paid within six months of the Closing, or the amount of the first assigned lump sum payment, until such time as the first payment is received by Purchaser or its assigns. Within five business days after receipt of the first payment, Purchaser, or its assigns, shall release any funds withheld from the Purchase Price to Seller. Purchaser, or its assigns, shall have the right to retain funds sufficient to cover any payments not received. Q. General Provisions. (1) This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same Agreement; (2) The section headings contained in this Agreement are for reference only and shall not affect in any way the meaning or interpretation of this Agreement; (3) In the event an action is commenced in any forum to enforce the rights of a party to this Agreement, then the prevailing party in such action shall be entitled to all reasonable attorney's fees and costs incurred to the extent permitted by law; (4) This Agreement may be amended or modified, and performance of any covenant or agreement herein contained may be waived or modified only by an instrument signed by the parties hereto. The waiver or modification by a party of performance or of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or other performance or breach thereof; (5) This Agreement constitutes the entire agreement and understanding of the parties with respect to the matters and transactions contemplated hereby and supersedes any and all prior agreements and understandings with respect thereto. No representations have been made, or relied upon, by either party except those set forth in this Agreement; (6) Except for notice pursuant to section G, notice shall be deemed to have been duly given three (3) business days after having been mailed by certified or registered mail, return receipt requested or upon delivery if delivered by a nationally recognized overnight delivery service, such as Federal express; (7) Seller acknowledges and agrees that the obligations under this Agreement shall be binding upon Seller, Seller's heirs, personal representative, transferees, successors, estate and assigns; and (8) If any provision of this Agreement is found to be invalid or unenforceable, the validity or enforceability of any other provision of this Agreement shall not be affected thereby. R. Special Irrevocable Durable Power of Attorney. Seller hereby grants Purchaser, or its assigns, a Special Irrevocable Durable Power of Attorney with full power of substitution, to act In Seller's name, place and stead regarding the Assigned Payments, including, without limitation, the authority to negotiate, endorse and execute checks, drafts and other Instruments in Seller's name, the power to alter, edit and change payment instructions and/or beneficiary designations and any other act it deems necessary to obtain all the benefits of the bargain contemplated by this Agreement. This durable power of attorney shall be coupled with an interest, and shall survive Seller's death, disability, incompetence or incapacity. Seller declares this durable power of attorney to be irrevocable and renounces all right to revoke it or appoint any other person to perform the acts referred to in this provision. S. Independent Advice. Purchaser advises Seller to seek independent professional advice regarding the transaction contemplated by this Agreement. Seller (i) has had the opportunity to receive legal, tax financial, accounting and/or business or personal advice regarding the transaction contemplated by this Agreement from Seller's own legal, tax, financial, accounting and/or other advisors and has either received such advice or has knowingly and voluntarily waived and declined the opportunity to seek such advice; (ii) Seller has not received any financial, accounting, tax, legal, business, or other advice from the Purchaser; (iii) Seller has not relied on any representations or statements made by Purchaser, Purchaser's agents or attorneys in connection with this transaction or the tax consequences hereof; and (iv) Seller has relied solely upon the advice of Seller's own financial, tax, DocuSign Envelope ID: 3ABC04A8-0E53-46A5-B431-F54F9B6AF23D legal, business and other advisors in entering into this Agreement. Seller further acknowledges that Seller is fully aware of the economic consequences of the transaction contemplated by this Agreement. This is an important financial transaction and Seller should consult with his/her own advisors regarding said transaction. T. Servicing Arrangement. In the event Seller is selling less than the entire amount of any individual Settlement Payment, the Settlement Obligor, the Annuity Issuer or the Court may require, or it may otherwise be necessary or convenient, that Purchaser, or its assigns, receive the entire Settlement Payment and assume the obligation to remit any unassigned portion of such Settlement Payment to Seller. Should such a situation arise, Seller authorizes and directs Purchaser, or its assigns, or any third party contracted by Purchaser or its assigns for this purpose, to receive the entirety of each Settlement Payment affected, and remit the unassigned portion of each such Settlement Payment to Seller (the "Servicing Arrangement"). Seller acknowledges, understands and agrees that (1) The Servicing Arrangement may reduce the assignability of the unassigned portion of any affected Settlement Payment; (2) Purchaser has paid Seller fair and adequate consideration for the Assigned Payments, including the negative impact, if any, that the Servicing Arrangement may have upon the future assignability of the unassigned portions of Settlement Payments of which the Assigned Payments are a part; (3) It shall be Seller's sole and exclusive responsibility to notify Purchaser, or its assigns, by written notice, of the address to which the unassigned portion of the Settlement Payments is to be forwarded; (4) With respect to any unassigned portion of any Settlement Payment affected by the Servicing Arrangement, Purchaser's, or its assign's, obligations and liability under the Servicing Arrangement shall be satisfied upon deposit in the amount of the unassigned portion of such Settlement Payment via ACH, Wire, or a check in the United States Mail, UPS, FedEx or similar overnight delivery service, postage or fee prepaid, addressed to the last known address for Seller; and (5) The Servicing Arrangement will result in a delay in Seller's receipt of the unassigned portion of the Settlement Payments affected by the Servicing Arrangement. U. Arbitration of Disputes. Any dispute, claim or controversy arising out of or relating to this Agreement (other than the petitions required by law to be filed in court for the approval of transfers) or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (“Claim”), shall be determined by final and binding arbitration in Seller’s state of domicile. In no event shall a Claim (in a demand or counter-demand) be entertained if the demand (or counter-demand), is filed after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations. The arbitration shall be administered by JAMS Arbitration (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. The arbitrator shall apply the law of the jurisdiction where court approval of this Agreement was sought. Purchaser or Seller may, upon approval of the other, substitute another nationally recognized independent arbitration organization that uses a similar code or procedure. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16. (Signatures and Acknowledgment on Following Page) DocuSign Envelope ID: 3ABC04A8-0E53-46A5-B431-F54F9B6AF23D IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives effective as of the date first set forth above. 2/11/2024 Date DocuSign Envelope ID: 3ABC04A8-0E53-46A5-B431-F54F9B6AF23D Accepted: 2220 Bogey Free, LLC Title: Authorized Rep. Date: 2/12/2024 DocuSign Envelope ID: 9B3D534B-7CC1-4853-ACC2-54398DB7AAOC EXHIBIT C TEXAS TRANSFER DISCLOSURE Payee::111111 Resi:: 2/8/2024 A. Amounts and due dates of the structured settlement to be transferred: B. Aggregate amount of the payments: C. Discounted present value of the payments to be transferred (i.e. This is the calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities determined by applying the mos� published (discount) rate of 4.80o/o as of 2/8/2024): - D. Gross advance amount: E. Itemized listing of all applicable transfer expenses, other than attorney's fees and related disbursements payable in connection with the transferee's application for approval of the transfer: Processing Fee: NONE. F. Estimate of the amount of attorney's fees and related disbursements: NONE. G. Net advance amount: - minus any advances made to the Payee or on Paye�or claims satisfied, against the amount payable to Payee. H. Amount of any penalties or liquidated damages payable by the Payee in the event of any breach of the transfer agreement by the Payee: NONE. Initials: DocuSign Envelope ID: 9B3D534B-7CC1-4853-ACC2-54398DB7AAOC I. You have the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date you signed the agreement. J. Payee is advised to seek independent professional advice regarding the transfer. Payee acknowledges receipt of and acknowledges to have read and understood the above disclosure statement and information required to be disclosed by Payee's applicable state statute(s). By signing below, you are confirming that you received a copy of this disclosure at least 3 days prior to executing your transfer agreement. DocuSign Envelope ID: 9B3D534B-7CC1-4853-ACC2-54398DB7AAOC DELAWARE TRANSFER DISCLOSURE Payee::111111 Resi:: 2/8/2024 A. Amounts and due dates of the structured settlement to be transferred: B. Aggregate amount of such payments: C. Discounted present value of the payments: - determined by applying the most recently p� (discount) rate of 4.80 °/o as of 2/8/2024. D. Gross amo� to the Payee in exchange for such payments:- E. ltemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, legal fees, notary fees and other commissions, fees, costs, expenses and charges payable by the Payee or deductible from the gross amount otherwise payable to the Payee: Legal Fees: NONE; Processing Fee: NONE. F. Net amount payable to Payee after deduction of all commissions fees, costs, expenses and charges described above: - minus any advances made to the Payee or on Payee s e a , or claims satisfied, against the amount payable to Payee. Initials: DocuSign Envelope ID: 9B3D534B-7CC1-4853-ACC2-54398DB7AAOC G. Quotient (expressed as a percentage) obtained by dividing the net payment amount by the discounted present value of the payments:- H. Amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the Payee in the event of any breach of the transfer agreement by the Payee: NONE. Payee acknowledges receipt of, and acknowledges to have read and understood the above disclosure statement and information required to be disclosed by Payee's applicable state statute(s). By signing below, you acknowledge receipt of this disclosure statement at least ten (10) days before the date on which you first incur an obligation with respect to the transfer. DocuSign Envelope ID: 9B3D534B-7CC1-4853-ACC2-54398DB7AAOC MICHIGAN TRANSFER DISCLOSURE Payee::11111 Resi:: 2/8/2024 A. Amounts and due dates of the structured settlement B. Aggregate amount of the payments: C. Discounted present value of the payments: - determined by applying the most recently p� (discount) rate of 4.80°/o as of 2/8/2024. This is the calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities. D. Gross advance amount: E. Itemized listing of all applicable transfer expenses, other than attorneys' fees and related disbursements payable in connection with the transferee's application for approval the transfer: Processing Fee: NONE. F. Transferee's best estimate of attorneys' fees and related disbursements payable in connection with the transferee's application for approval of the transfer: NONE. G. Net advance amount: -minus any advances made to the Payee or� behalf, or claims satisfied, against the amount payable to Payee. H. Amount of any penalty or liquidated damages payable by the Payee in the event of a breach of the transfer agreement by the Payee: NONE. Initials: DocuSign Envelope ID: 9B3D534B-7CC1-4853-ACC2-54398DB7AAOC I. Payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third (3rd) business day after the date the agreement is signed by the Payee. Payee acknowledges receipt of, and acknowledges to have read and understood, the above disclosure statement and information required to be disclosed by Payee's applicable state statute(s). By signing below, you are confirming that you received a copy of this disclosure at least 3 days prior to executing your transfer agreement. DocuSign Envelope ID: 3ABC04A8-0E53-46A5-B431-F54F9B6AF23D EXHIBIT D Statement of Professional Representation - WAIVER I have been advised by 2220 Bogey Free, LLC in writing, to seek independent professional advice from a professional such as an attorney, an accountant or financial planner regarding the implications of transferring my future rights to structured settlement payments. I have considered this option, but I have chosen not to seek such advice. Print name 2/11/2024 Date EXHIBIT E CIVIL PRACTICE AND REMEDIES CODE TITLE 6. MISCELLANEOUS PROVISIONS CHAPTER 141. STRUCTURED SETTLEMENT PROTECTION ACT Sec. 141.001. SHORT TITLE. This chapter may be cited as the Structured Settlement Protection Act. Added by Acts 2001, 77th Leg., ch. 96, § 1, eff. Sept. 1, 2001. Sec. 141.002. DEFINITIONS. In this chapter: (1) 'Annuity issuer' means an insurer that has issued a contract to fund periodic payments under a structured settlement. (2) 'Court' means: (A) the court of original jurisdiction that authorized or approved a structured settlement; or (B) if the court that authorized or approved the structured settlement no longer has jurisdiction to approve a transfer of payment rights under the structured settlement under this chapter, a statutory county court, a statutory probate court, or a district court located in the county in which the payee resides. (3) 'Dependents' includes a payee's spouse, minor children, and all other persons for whom the payee is legally obligated to provide support, including alimony. (4) 'Discounted present value' means the present value of future payments determined by discounting the payments to the present using the most recently published Applicable Federal Rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service. (5) 'Gross advance amount' means the sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions to be made from the consideration. (6) 'Independent professional advice' means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser. (7) 'Interested party' means, with respect to any structured settlement: (A) the payee; (B) any beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death; (C) the annuity issuer; (D) the structured settlement obligor; and (E) any other party that has continuing rights or obligations under the structured settlement. (8) 'Net advance amount' means the gross advance amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under Section 141.003(5). (9) 'Payee' means an individual who is receiving tax-free payments under a structured settlement and proposes to transfer payment rights under the structured settlement. (10) 'Periodic payments' includes both recurring payments and scheduled future lump-sum payments. (11) 'Qualified assignment agreement' means an agreement providing for a qualified assignment within the meaning of Section 130, Internal Revenue Code of 1986 (26 U.S.C. Section 130), as amended. (12) 'Settled claim' means the original tort claim or workers' compensation claim resolved by a structured settlement. (13) 'Structured settlemen