Preview
Filed
12/16/2019 12:59 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Salena Jasso
1 CAUSE NO. 19-DCV-268091
2
IN THE MATTER OF § IN THE DISTRICT COURT
3 §
§
4 G7 CRESCENTA, LLC §
§
5 Transferee §
§
6 and §
§
7 §
§ 400th District
8 §
Transferor § FORT BEND COUNTY, TEXAS
9
10
11 NOTICE OF DECLARATION OF AND STATUTORILY EXECUTED
12 TRANSFER AGREEMENT
13
14 TO THE DISTRICT COURT IN THE ABOVE CAPTIONED CASE
15 PLEASE TAKE NOTICE that attached hereto is a true and correct copy of a
16 Declaration of as Exhibit "A" and a statutorily executed Agreement to
17 Transfer Structured Settlement Payment Rights as Exhibit "B".
18
19 Dated: December 16, 2019
G7 CRESCENTA, LLC
20 2626 Foothill Blvd., Ste. 200
21 La Crescenta, CA 91214-3574
Telephone No.: (800) 449-6311
22 Facsimile No.: (800) 922-6312
23
24 By: ______________________________
Christopher R. Milton
25 Texas State Bar No.: 24064192
chris@csfcap.com
26 Attorney for Petitioner
27
28
NOTICE OF DECLARATION OF AND STATUTORILY EXECUTED
TRANSFER AGREEMENT
1
Exhibit A
DocuSign Envelope ID: 516C07FA-29CC-49E3-BF20-3536FBB39CAA
DECLARATION OF IN SUPPORT OF PETITIONER'S
PETITION FOR APPROVAL FOR TRANSFER OF STRUCTURED
SETTLEMENT PAYMENT RIGHTS
I, , am over the age of eighteen. I have personal knowledge of all
facts stated in this Declaration, and if called as a witness, I could and would competently
testify as follows:
1. I am the Respondent in this action. This Declaration is made in support of
Petitioner's Petition for Approval for Transfer of Structured Settlement Payment rights by
and between myself, and G7 Crescenta, LLC.
2. That I have agreed to sell my interest to certain structured settlement
payment rights under an annuity contract to Petitioner, G7 Crescenta, LLC. Those certain
annuity payments due and owing to me are set forth in the Agreement to Transfer
Structured Settlement Payment Rights, and attached to the Petition;
3. That I believe it is in my best interest to enter into the transaction
contemplated in the Agreement to Transfer Structured Settlement Payment Rights. The
original structured settlement entered into by me was intended as compensation for a
personal injury claim. In I was involved in cement truck accident. The accident
caused a neck injury that required placing metal plates in my neck. There are no longer
any reoccurring medical problems related to the original injury and as such no continuing
need to provide for future medical expenses.
4. I am . I am my wife’s
caregiver and do not generate any income myself. We depend on my wife’s social
security disability benefits in the amount of $809.00 per month.
5. If approved, the funds from this transaction will be used towards
completing some home renovations. I hope to allocate towards building a
driveway from the street to my house. There are approximately 220 feet of dirt between
the surface street and my house. It is virtually impossible to move a car across the current
dirt surface in poor weather conditions. A paved driveway will make it much easier to
take my wife to the doctor or hospital in the event of an emergency. Any remaining funds
-1-
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will be used to install a front-porch. Therefore, I feel it is in my best interest to enter into
this transaction with the Petitioner and sell a portion of my underlying annuity payments,
so that I can have the financial means to provide for the foregoing.
6. I am proposing to assign
. As these payments are due from now, I do not depend on the
annuities for my current well-being. Therefore, it is submitted that the funds received
from the transaction contemplated in the Agreement to Transfer Structured Settlement
Payment Rights can be better used today to provide for the foregoing rather than to
provide support to myself several years from now.
7. Prior to entering into this transaction with G7 Crescenta, LLC, I requested
that the beneficiary under my annuity be changed to my own personal estate. Since the
beneficiary for the transferred payments is now my own personal estate, there are no
additional beneficiaries under the annuity policy that would qualify as interested parties
to this action entitled to receive notice of this action.
8. That I received and read a separate written disclosure statement from G7
Crescenta, LLC in compliance with the Texas Structured Settlement Protection Act on
September 20, 2019, which was received 3 days prior to execution of the Transfer
Agreement.
9. That as part of that separate written disclosure, I have been advised to seek
independent professional advice regarding any federal and state income tax consequences
arising from the proposed transfer. I hereby waive that advice.
10. That I have received and reviewed copies of (1) the Agreement to Transfer
Structured Settlement Payment Rights offered by G7 Crescenta, LLC; and (2) a copy of
the required disclosures.
11. That I understand the nature and terms of the transaction, and that I am
entering into the transaction with G7 Crescenta, LLC, of my own free will and volition
and I am doing so without reservation, duress or undue influence.
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12. That based on the foregoing I respectfully request that the Court find that
this transfer is in my best interests and grant the Petition Approving the Transfer of
Structured Settlement Payment Rights as set forth in the Purchase Agreement.
I declare under penalty of perjury of the laws of the State of Texas that the
foregoing is true and correct and that this Declaration was executed on December 10,
2019 at Rosharon, Texas.
-3-
Exhibit B
DocuSign Envelope ID: 516C07FA-29CC-49E3-BF20-3536FBB39CAA
Agreement to Transfer Structured Settlement Payment Rights
This Agreement signed this 13 day of December, 2019:
BETWEEN
An individual residing in the State of Texas
(Seller referred to as "You", "Your" and similar words)
-and-
G7 Crescenta, LLC
A G7 Crescenta, LLC
(Buyer referred to as "We", "Us" and similar words)
The parties agree to the following:
1. Definitions: As used in this Agreement the following terms have the meanings set out
below.
a. "Adverse Claims" means any liens on, judgements against, or claims against you or the
Annuity.
b. "Agreement" means this Agreement to Transfer Structured Settlement Payment Rights
and attached schedules which form a part of this Agreement
c. "Annuity" has the meaning contained in the Terms Rider attached as Schedule "A".
d. "Annuity Issuer" means the insurance company making the Assigned Payments to
you.
e. "Annuity Obligor" means the company or other person that is legally obligated to pay
the claim that gave rise to the underlying settlement obligation in the present matter.
This may or may not be the owner of the annuity policy at question.
f. "Assigned Payments" means the Annuity payments to be sold, assigned and
transferred according to this Agreement and set out in the Terms Rider.
g. "Adverse Claim" has the meaning set out in paragraph 3b.
h. "Closing" has the meaning set out in paragraph 2c.
i. "Collateral" means the Assigned Payments and the related rights.
j. "Court Order" means a final, non-appealable court order issued by a court of
competent jurisdiction.
k. "Disclosure Statement" means a statement required by law that contains important
information about this transaction.
l. "Documents" means all documents and information related to the Annuity and
Assigned Payments includes those documents set out in paragraph 2e.
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m. "Purchase Price" means the price set out in the Terms Rider attached as Schedule "A".
n. "Terms Rider" means the document attached as Schedule "A"
o. "UCC" means the Uniform Commercial Code in effect in the state where you reside
unless by reason of mandatory provisions of law any or all of the attachment, perfection
or priority of our security interest in a jurisdiction other than the State where your
reside, in which case the UCC in such other jurisdictions shall apply.
2. Annuity Purchase and Sale
a. Agreement to Sell. You agree to sell, assign and transfer to us and our successors and
assigns, all of your right, title and interest in the Assigned Payments and related rights
arising out of a Structured Settlement Annuity as set out in the Terms Rider attached as
SCHEDULE "A".
b. Price and Payment. On closing we shall pay you the Purchase Price in immediately
available funds by wire transfer, bank draft or certified check. If you receive any of the
Assigned Payments or portion thereof before closing, you will keep those payment(s)
and the Purchase Price will be reduced by the amount of the payment(s). If you are not
entitled to one or more of the Assigned Payments or portion thereof then the Purchase
Price will be reduced by the amount of such payment(s) or portion thereof.
c. Closing. The closing of the transaction will occur by the 5th business day (or a
reasonable time thereafter) after all conditions in paragraph 3a have been satisfied. At
any time before closing we have the sole and absolute discretion to cancel this
Agreement without further obligation to you if (i) you do not satisfy all obligations
under this Agreement or (ii) as otherwise permitted in this Agreement.
d. Delivery of Assigned Payments.
1. On closing, you will deliver and assign, and we will accept the Assigned
Payments.
2. You agree that at closing, title to the Assigned Payments will be good and
marketable, free and clear of all claims, liens, mortgages or encumbrances of any
kind.
e. Access to Documents. From the date of this Agreement and up to the closing, on
reasonable notice to you, you will provide us with access to all Documents. When
requested by us, you will deliver copies of the Documents to us for our review and
files. If you do not have the Documents in your possession you shall have sole
responsibility for acquiring the Documents. Documents shall include but not limited to:
1. A copy of the underlying structured settlement agreement;
2. Any Court Order(s) giving rise to your right to receive the Assigned Payments;
3. The Annuity Contract(s);
4. A Qualified Assignment Agreement (if applicable);
5. A statement of independent professional advance (or waiver thereof);
6. Written consent from your spouse (if applicable);
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7. Proof of your age of majority and other valid government-issued personal
identification;
8. Your most recent federal and state income tax returns; and/or
9. Such other documents and information as we may reasonably request depending
on your personal situation.
f. Disclosure Statement. You acknowledge receipt of a Disclosure Statement containing
important information regarding this transaction.
g. Irrevocable Power of Attorney.
1. You irrevocably appoint us, or our successor or assign, the true and lawful attorney
for you and for our use and benefit to accept, sign, endorse, negotiate and/or
transfer, in your name and on your behalf, all checks or other instruments payable
to you or which may require your endorsement and received under the Assigned
Payments.
2. This Power of Attorney will be irrevocable until we have received all of the
Assigned Payments. This Power of Attorney will not be affected by your death or
disability.
h. Beneficiary Designation. You designate us as your beneficiary to the Assigned
Payments. You agree to execute such beneficiary designation form as may be required
by the Annuity Issuer or Annuity Owner to carry out the intent of this paragraph.
i. Grant of Security Interest.
1. You grant to us a first-priority, perfected and continuing security interest in the
Collateral which is all of your right, title and interest to the Assigned Payments
and related rights including:
i. All payments in respect of the Assigned Payments;
ii. Any underlying Settlement and Assignment documents or other
documentation related to the Assigned Payments;
iii. All of your rights under any insurance policy with respect to the
Assigned Payments;
iv. All guaranties, indemnities, warranties, financing statements and other
agreements or arrangements of whatever character from time to time
supporting or securing payment of the Assigned Payments;
v. All liens and property purporting to secure payment of the Assigned
Payments; and
vi. All proceeds of and rights to enforcements with respect to any of the
Assigned Payments and related rights.
2. All of the Collateral will secure payment and performance of all of your
obligations to us, arising under this Agreement or by operation of law. Upon our
request, you will provide us with all documents, financing statements and
endorsements we may require to perfect our security interest in the Collateral.
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j. Authorization to File Financing Statements. You authorize us to file all UCC
financing statements with respect to the Collateral as we deem necessary in order to
perfect our security interest in the Collateral.
k. Advances. You agree that any amounts to you prior to the closing constitute partial
payment of the Purchase Price, and that such amounts will be deducted from the
Purchase Price. You agree to refund us any amounts paid to you if the Agreement is
cancelled, the conditions to closing do not occur, and/or you materially breach any of
the warranties of the Agreement.
3. Conditions of Closing, Inspection and Warranties
a. Conditions. The following conditions are for our benefit. At our sole discretion we
may waive these conditions in writing at any time. It will be a condition to our
obligation to complete this Agreement at the closing:
1. The Annuity and Assigned Payments must be free and clear of all claims, adverse
claims, liens, mortgages and encumbrances;
2. All necessary court orders in a form acceptable to us, must have been obtained by
us at our cost and expense. You will cooperate with us in obtaining court orders.
Such court orders must approve the nature and particulars of the sale and
assignment and direct that the Annuity Issuer and the Annuity Owner recognize
the sale and assignment of the Assigned Payments to us or our successors and
assigns, as directed by us, without reductions or set off;
3. We must be in receipt of a certified copy of the court order(s) set out in paragraph
3a2;
4. You must have terminated any UCC financing statements that records a security
interest in the Assigned Payments in favor of any secured party other than us;
5. We must be in receipt of a written acknowledgment from the Annuity Issuer that
confirms:
i. You are entitled to the Assigned Payments in the amount and manner
described in the Terms Rider; and
ii. The Annuity Issuer and the Annuity Obligor agree to make all of the
Assigned Payments to us or our assigns in accordance with the Agreement
and the Terms Rider and as directed by the court order;
6. We must be in receipt of the final results of our Inspections including, but not
limited to, credit and other searches;
7. You have performed all of your obligations under the Agreement; and
8. You must provide all documents and information requested by us.
9. Satisfactory review by us of the risks involved in this transfer. This shall be in our
sole discretion and not subject to any limitation.
10. Approval and acceptance of the transfer of the Assigned Payments by our
Designated Assignee. If our Designated Assignee rejects funding of this
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transaction or defaults or otherwise does not provide funding of this Assignment,
this condition shall be deemed to not be satisfied.
b. Inspection. We have the right to conduct one or more inspections including judgement,
lien, UCC, bankruptcy, tax and credit bureau searches ("Inspections") to enable us to
determine whether any liens or judgments or any adverse claims were filed against you,
the Annuity or the Assigned Payments (collectively "Adverse Claims"). You hereby
give the authorization for us to conduct the inspections. We, in our sole discretion, will
be entitled to discharge any Adverse Claims prior to or at the time of closing by making
payment in the amount necessary to satisfy such Adverse Claims. If we make payment
to satisfy Adverse Claims, the Purchase Price will be reduced by the amount of any
such payment. If an undisclosed Adverse Claim affecting the assigned Payments arises
or is discovered after the Purchase Price is paid to you, you agree to indemnify us from
any and all resulting losses or encumbrances.
c. Warranties of You. You represent and warrant that:
1. The Agreement, when executed and delivered by you, will constitute a legal, valid,
binding and enforceable obligation of you;
2. The Annuity (including the Assigned Payments) has not been obtained or created
in a manner that would violate any State, Federal or Local law;
3. There are no legal or equitable defenses to the payment of the Annuity to you;
4. You are holder of the entire right, title and interest in and to the Assigned
Payments and have full power and authority to enter into and perform all of your
obligations under the Agreement, without obtaining the consent of any third party
to do so. You have, and will have at closing, full power and lawful authority to
transfer title to the Assigned Payments to us or to cause title to the Assigned
Payments to be transferred to us;
5. You are entitled to the Assigned Payments, free and clear of any Adverse Claims.
There are no suits or proceedings pending or threatened against or affecting you or
the Assigned Payments which are likely to have an effect on your ability to
perform your obligations under this Agreement;
6. You have paid all State, Federal and Local taxes owing, through and including the
date of the Agreement , or have made or will make adequate provisions for such
taxes;
7. You have never been known by any name other than the name used in this
Agreement;
8. You have no overdue amounts owing to any present or former spouse for support,
maintenance or similar obligations;
9. You have no overdue amounts owing to any child or any child support or similar
payment;
10. You are not in default and you have no overdue amounts owing on any student
loan. You have not received Aid to Families with Dependent Children, Food
Stamp Benefits or Low Income Energy Assistance Benefits and the Annuity,
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including the Assigned Payments, is not subject to any lien by any governmental
agency to which such benefits are owed;
11. You tax identification number and the description of the Assigned Payments set
out in the Terms Rider are correct. You have been independently advised and
represented by counsel of your choice throughout the negotiation of the Agreement
or you have waived the advance of independent counsel after being so advised of
your right to seek independent professional advice regarding this transfer. You
have relied solely on the advice of your counsel and other advisers with respect to
the legal, tax and financial implications of this transaction and have not relied on
our advance or the advice of our counsel;
12. The facts provided by you in the Agreement and all attached Schedules are
correct and complete and do not omit to disclose anything which would make any
facts set forth incomplete, false or misleading;
13. You are an adult of sound mind, not acting under pressure or coercion or the
influence of alcohol or other drugs;
14. You do not need the Assigned Payments for the necessities of life such as food,
housing, support and medical care. You wish to obtain cash immediately rather
than wait for scheduled payments in the future. You have considered other way to
obtain cash but you have determined that selling Assigned Payments to us would
be in your best interest;
15. You have not previously assigned, pledged or otherwise encumbered any portion
of the Annuity, including Assigned Payments;
16. You have never voluntarily filed for bankruptcy or been subject to an involuntary
bankruptcy proceeding;
17. You have not entered into this Agreement to evade creditors;
18. You will immediately advise us in writing if there is a change in your home
address; and
19. You acknowledge that we have advised you in writing to seek independent
professional advice regarding the transfer of the Assigned Payments and the
transaction contained in this Agreement generally and you have either received
such advice or knowingly waived such advice in writing.
d. Indemnification. You shall hold harmless, defend and indemnify us against all claims,
losses, damages or expenses, including reasonable attorney fees, which we may incur as
a result of any breach or failure of any representation or warranty contained in
paragraph 3c or as a result of any breach of the Agreement.
4. Default
a. Default by You. In the event that you fail to satisfy any obligation under the
Agreement in a timely manner or if you are in breach of any representation or warranty
in this Agreement, at our option, and in addition to any other remedies available in law
or equity, we may declare you to be in default under the Agreement. You have the right
to cancel this transaction, without obligation to you, only as provided by the law of the
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state in which you reside. If you cancel this transaction, or attempt to cancel this
transaction after such period of time, you will be in breach of this agreement. We must
give written notice of default to you, and at any time after written notice has been
provided, we may declare the Agreement to be at an end.
b. Default by Us. In the event that we fail to satisfy any obligation under the Agreement
in a timely manner at your option and in addition to any other remedies available in law
or equity, you may declare us to be in default under the Agreement. You must give
written notice of default to us and, at any time after written notice has been provided,
you may declare the Agreement to be at an end.
c. Statutory Exception. Despite anything else contained in paragraph 4, in the event that
a court of competent jurisdiction denies our Application to Transfer Structured
Settlement Payment Rights, you shall not incur any penalty or other liability to us.
d. Remedies. Unless expressly prohibited by law, we may, in addition to any other
remedies provided in this Agreement or at law, bring an action at law or equity to
exercise any of the following remedies:
1. Enforce performance of the default; and
2. Recover damages for breach, along with attorney fees and disbursements and other
expenses of enforcing our rights under this Agreement to the extent disclosed to
you in the Disclosure Statement.
5. Miscellaneous
a. Entire Agreement. The Agreement, which included the attached Schedule is the entire
agreement between you and us and cancels any earlier negotiations, spoken or written
agreements or letters of intent or understanding related to the subject matter of this
Agreement.
b. Counterparts. The Agreement may be executed in several counterparts, and all
counterparts will form an agreement, binding on both of you and us, even though both
you and we have not signed the original or the same counterpart. Any counterpart of
the Agreement that has attached to it separate signatures pages, which together contain
the signatures of you and us, will be deemed a fully executed Agreement. You wand
we agree that:
1. A faxed signature of either of us is binding; and
2. A faxed signature of either of us is acceptable.
c. Modifications. No provision of the Agreement may be amended, modified or waived
except by written agreement signed by you and us.
d. Headings. All headings contained in this Agreement are inserted for convenience only
and are not intended to affect the meaning or interpretation of this Agreement or any
clause.
e. Non-Waiver/Severability. Failure of either you or us to enforce any of our respective
rights under this Agreement will not be considered waiver of future enforcement of
such rights or any other rights. If any provisions of this Agreement are held to be
invalid, illegal or unenforceable under present or future laws, such provisions will be
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struck from the Agreement or amended by only to the extent of their invalidity,
illegality or unenforceability. You and we will remain legally bound by the remaining
terms of this Agreement and will strive to amend the Agreement in a manner that meets
the original intent of you and us.
f. Survival of Obligations. The representations, warranties, agreements,
acknowledgments, waivers and disclaimers contained in this Agreement will survive
the closing and will remain in full force and effect until the expiration of any applicable
Statute of Limitations.
g. Assignment. We may assign the Agreement to our successors or assigns. If we assign
the Agreement, we will remain liable to you for all of our obligations under the
Agreement. You shall not have the power to assign any of your rights or obligations
under the Agreement.
h. Servicing Arrangement. In the event, the Assigned Payments are only a portion of the
full amount of the individual payment due to you, the Annuity Issuer making the
payments may require that we receive the full amount of each payment and require that
we assume the obligation to remit any amount above and beyond the Assigned
Payments (i.e. the unassigned portion of the settlement payment) to you (the "Servicing
Arrangement"). You agree to this Servicing Arrangement and further understand that
this Servicing Arrangement may encumber the future assignment of the unassigned
portion of the settlement payment.
i. Expenses. Except as otherwise expressly stated in the Agreement or except as
otherwise expressly prohibited by law, you and we will be responsible for paying our
own fees and expenses (including attorney's fees) associated with negotiating and
completing this Agreement.
j. Notices. All notices, consents, requests, instructions, approvals and other
communications ("Communications") provided for in this Agreement or made in
connections with this Agreement will be made in writing and delivered by courier by
facsimile transmission as follows:
1. Notices to you: to your Address for Notices as set out in the Terms Rider
2. Notices to us: G7 Crescenta, LLC
2626 Foothill Blvd Suite 200
La Crescenta, CA 91214
Fax: (800) 317-7086
Tel: (800) 449-6311
Or such address or fax number as either you or we may give written notice to the
other. All Communications given in accordance with this section will be deemed
to be given at the time of actual delivery or if made or given by facsimile
transmission will be deemed to be given at the time of receipt of the facsimile
transmittal.
k. Further Acts. You will cooperate with us to do everything necessary to complete this
transaction.
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l. Governing Law. This Agreement will be governed by law of the state in which you
reside as well as U.S. Federal law to the extent in which it applies. In the event of a
dispute, including a claim that you breached the Agreement, the parties agree to submit
to courts in the State of Texas and be governed by the laws of the State of Texas.
You have the right to cancel the Agreement without penalty or further obligation not later than
the third business day after the date the Agreement is signed by you.
Signed by the parties to this Agreement:
Us (Buyer) You (Seller)
G7 Crescenta, LLC
By: _____________________________ _________________
Name: Jessica Arita
Title: VP of Customer Relations Date: 12/16/2019
_____________
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SCHEDULE "A" (TERMS RIDER)
Your Name:
Your Address: TBP
Your spouse's name:
Names and Ages of All Dependents (including spouse):
Contingent Payee/Beneficiary Names: The Estate of
Name of Structured Settlement Obligor:
Name of Annuity Issuer:
Annuity Policy Number:
Assigned Payments description:
Sale Price:
So Agreed:
Us (Buyer) You (Seller)
G7 Crescenta, LLC
By: _____________________________ _______________
Name: Jessica Arita
12/16/2019
Title: VP of Customer Relations Date: ______________
FRV/PSA
_______________
PROOF OF SERVICE BY MAIL
COUNTY OF LOS ANGELES )
)ss.
STATE OF CALIFORNIA )
I reside in the County of Los Angeles, State of California. I am over the age of 18 years
and not a party to the within action; my business address is: 2626 Foothill Blvd. Ste. 200, La
Crescenta, CA 91214.
On December 16, 2019, I caused the foregoing documents described as (1) Notice of
Declaration of and Statutorily Executed Transfer Agreement; to be served on
interested parties in this action by placing a true copy thereof in a sealed envelope addressed as
follows:
X (BY US MAIL) I am readily familiar with the business' practice for collecting and
processing of documents for mailing using US Mail. I deposited such envelope in the
mail at La Crescenta, California. The envelope was mailed with postage thereon fully
prepaid to the following:
I declare under penalty of perjury under the laws of the State of Texas that the foregoing
is true and correct.
Executed on December 16, 2019,
____/s/ Emelyne DePue_______________
Emelyne DePue