Motion-Secondary: Deere & Company vs. Matthew Aaron Kotis

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                                CAUSE NO.

DEERE & COMPANY                                                           INTHE COUNTY COURT

                   Plaintiff

                                                                          AT LAWNO.                  OF

MATTHEW            AARON       KOTIS

                   Defendant                                    MONTGOMERY COUNTY, TEXAS


           ORDER FOR ISSUANCE OF EX PARTE WRIT OF SEQUESTRATION

         ON THIS DAY came on before the Court the Swom Application of Deere & Company

Plaintiff in this cause, for sequestration of certain property described below.      Deere appeared ex

parte and was represented by counsel.          After considering the pleadings and other papers on file

with the Court, the evidence presented and the argument of counsel, the Court finds and concludes




                   Plaintiff Deere & Company (“Deere”) has an existing perfected purchase money
                   security interestin in John Deere XUV835R Gator HVAC Signature Edition, s/n
                    1M0835RDCNM050469 (the “Collateral”’).

                   The value of the Collateral      approximately   26,000.00

                   Defendant has failed to make any payment         and is in default under the Contract
                   with Deere. Numerous demands have been made upon Defendant to pay or
                   surrender the Collateral per the terms of the Contract. No payment has been made
                               ontract. The Contract was accelerated and total amount due is $ 1,311.84

                   Defendant     failure to make any payment and/or surrender the Collateral after
                   demand constitute breaches of the Contract and Deere is entitled to possession of
                   the Collateral which Defendant is hiding and refuse to turn over

                    ssuance of a Writ of Sequestration is justified unde the circumstances.

It is therefore:

         ORDERED        that the Clerk shall issue a Writ of Sequestration that commands a sheriff or
constable of any county of the State of Texas to forthwith take into its possession the above

Collateral, wherever located, and store it at a bonded insured facility. The subject Collateral is, to

the best of Plaintiff's knowledge, currently in the possession or control of Matthew Aaron Kotis

at 28411 Dobbin Huffsmith Rd., Magnolia, TX          77354. Said sheriff or constable shall keep the

Collateral described above stored at an insured facility, subjectto further order of this Court, unless

and until same is replevied according to the provisions of the laws of the State of Texas and of the

Texas Rules of Civil Procedure.    It is, further,

         ORDERED that this Order shall not be effective until Plaintiff executes and files with this

Clerk a bond in conformity with the law in the amount of $ DE
                                                            13,614.00                   . Itis, further,

         ORDERED that Defendant may replevy the property sequestered pursuant to this Writ by

filing with the office of the Constable or Sheriff which levied the Writ, a bond in conformity with

the law, including the conditions set forth in T.R.C.P. 702, in the amount of $ yr
                                                                                41,311.84

It is, further,

         ORDERED     that if Defendant fails to replevy the Collateral within (10) days after levy of

the Writ, Plaintiff may reply and Plaintiffs original bond referenced above shall also serve as

Plaintiff’s replevy bond pursuant to T.R.C.P. 708, conditioned that Plaintiff will have the property

described in the Writ of Sequestration in the same condition as when it was replevied, together

with the value of the rents and revenue thereof forthcoming to abide the decision of the court or

that it will pay the value thereof or the difference between its value at the time of replevy and the

time of judgment.
                                                                 5/8/2024 12:36:10 PM
                                SIGNED     this         day of —--                      2024.




                                                       PRESIING JUDGE
APPROVED AND ENTRY REQUESTED BY


/s/ Teri H Kelley
Teri H. Kelle
Law Offices of T.H. Kelley, P.C.
Bar No. 10176!
6750 West Loop South, #920
Bellaire, TX 77401
832.485.3515 (office)
832.485.3517 (fax)
tk@thkelleylaw.com
ATTORNEY FOR PLAINTIFF