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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
------------- -------- ¬X
ASSET SECURITY CONSULTING, LLC, Index No. 904950/2020
Petitioner(s),
ORDER OF COURT
-against-
WILTON RE ANNUITY SERVICE CORPORATION,
TRANSAMERICA (AEGON) and S. R. VANDERHORST,
Respondent(s).
-- ------------- ------------X
WHEREAS, pursuant to NY GEN OBLIG § 5-1701, g s_eg. (the "Act"), this cause came
before the Court upon the Petition, filed by counsel for the Transferee, seeking approval of the
Transfer of certain Structured Settlement Payment Rights of the Payee to the Transferee;
WHEREAS, Asset Security Consulting, LLC ("Transferee"), Structured Originations,
LLC ("Assigñêê"), S. R. Vanderhorst a/k/a S. Vanderhorst a/k/a Shaquea Vanderhorst a/k/a
Shaquea Ravaya Vanderhorst a/k/a Shaques Ravaya Wilson a/k/a Shaquea Wilson ("Payee"),
Wilton Re Annuity Service Corporation f/k/a Transamerica Annuity Service Corporation
("Structured Settlement Obligor"), as owner of the structured settlement annuity No.
022611TN01Z (the "Annuity") and Transamerica Financial Life Insurance Company, successor
by merger with AUSA Life Insurance Company f/k/a Transamerica Life Insurance Company of
New York f/k/a First Transamerica Life Insurance Company ("Annuity Issuer"), as issuer of the
Annuity (the Structured Settlement Obligor and Annuity Issuer are sometimes collectively
referred to as the "Companies") have entered into a Stipulation of the Parties (the "Stipulation"),
a fully-executed copy of which is attached and incorporated herein by reference as Exhibit A;
ORDER OF COURT Page 1 of 5 INDEX NO. 904950/2020
WHEREAS, Transferee hereby acknowledges that upon entry of this Order and the
Stipulation, itwill immediately thereafter be deemed to have assigned itsright, title, and interest
in the Transferred Payment(s) to the Assignee;
WHEREAS, unless otherwise defined herein, capitalized terms shall have the meanings
set forth in the Act or in the Stipulation, as may be applicable.
NOW, therefore, upon the Court having jurisdiction over this matter and after notice,
hearing and testimony by the Payee, either in person, by affidavit, or telephonically, the Court
makes the following findings:
1. The Transfer complies with the requirements of the Act.
2. The Transfer is in the best interest of the Payee, taking into account the welfare
and support of the Payee's Depêñdents, if any; and the transaction, including the discount rate
used to determine the gross advance amotmt and the fees and expenses used to determine the net
advance amount, are fair and reasonable.
3. The Payee has been advised in writing by the Transferee to seek Independent
Professional Advice regarding the Transfer and has either received such advice or knowingly
waived such advice in writing.
4. The Transfer does not contravene any federal or state statute or the order of any
court or responsible administrative authority or government authority.
Without limiting the foregoing, the Court finds that the Order does not contravene
the following prior transfer order(s) ("Prior Order(s)"):
• Index No. 257284/2017 - Stipulation and Order of the Court entered
on October 20, 2017 in the Supreme Court, Rensselaer County, New
York;
• Index No. 255056/2017 - Stipulation and Order of the Court entered
on February 15, 2017 in the Supreme Court of Albany County, New
York;
ORDER OF COURT Page 2 of5 INDEX No. 904950/2020
• Index No. 5439-15 - Stipulation and Order of the Court entered on
January 4, 2016 in the Supreme Court of Albany County, New York;
• Index No. 6277-13 - Stipulation and Order of the Court entered on
July 9, 2012 in the Supreme Court of Albany County, New York; and
• Index No. 2006-12. RJI No. 01-12-106633 - Stipulation and Order of
the Court entered on July 9, 2012 in the Supreme Court of Albany
County, New York.
5. The Transfer Agreement is written in plain language and in compliance with the
Act.
6, The Stipulation and the Order are hereby APPROVED,
Based on the foregoing findings, it is hereby ORDERED, ADJUDGED, and
DECREED:
1. The Transfer by the Payee to the Transferee, Assignee and their assignees, of the
Transferred Payment(s), as defined below, is hereby APPROVED. No approval is given as to
the Transfer of any other Structured Settlement Payment Rights.
Notwithstanding anything to the contrary elsewhere, only the following Annuity
paymêñ‡(s) (collectively, the "Transferred Payment(s)"), to-wit:
• payments of $438.04 each, on October 1,
monthly beginning
2022 through and including September 1, 2024, increasing
3.0% annually each October,
• payments of $1,197.56 each, on October 1,
monthly begiñüing
2024 through and including September 1, 2033, increasing
3.0% annually each October,
• payments of $925.30 each, on October 1,
monthly beginning
2033 through and including September 1, 2056, increasing
3.0% annually each October,
• payments of $3,533.75 each, on October 1,
monthly beginning
2056 through and including September 1, 2059, increasing
3.0% annually each October,
ORDER OF COURT Page 3 of 5 INDEX NO, 904950/2020
shall be sent by the Companies to the Assignee at the following address: Structured Originations,
LLC, P.O. Box 83364, Woburn, MA 01813-3364.
2. Payment shall be made to the Payee by Transferee in the amount of $150,619.80
at an effective discount rate of 7.88%.
3. Pursuant to the Act, notwithstending anything to the contrary in the Petition, and
to the extent the Transfer Agreement or any documents related to this transaction contain any of
the provisions described in § 5-1704 of the Act, such provisions shall be void.
4. Transferee, Assignee and Payee, for themselves and for their respective directors,
shareholders, officers, agents, employees, servants, successors, heirs, beneficiaries, contingent
beneficiaries, executors, administrators, and assigns, and any parent, subsidiary, or affiliate
thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and
assigns, past and present (the "Releasors"), hereby remise, release, and forever discharge the
Companies and their respective directors, shareholders, officers, agents, employees, servants,
successors, and assigns, and any parent, subaWary, or affiliate thereof, and their directors,
shareholders, officers, agents, employees, servants, successors, and assigns, past and present (the
"Companies Releasees"), of and from any and all manner of actions and causes of action, suits,
debts, dues, accounts, bonds, coveñants, contracts, agreements, judgments, settlements, damages,
claims, and demands whatsoever, in law or in equity, in connection with, related to, or arising
out of any claim or allegation that was or could have been asserted in connection with, related to,
or arising out of the Transfer Agreement, the Transferred Payment(s), the Proposed Transfer, any
parties'
Reassignment or the Stipulation, which the Releasors have or had from the beginning of
the world through the date of this Order, except for claims of the Relêêsers against the
Releasees'
Companies Releasees to enforce Companies obligations to the Releasors, if any,
parties'
under the Stipulation and this Order.
ORDER OF COURT Page 4 of5 INDEX NO, 904950/2020
5. Pursuant to the Act, disputes under the Transfer Agreement, including any claim
that the Payee has breached the Transfer Agreement, shall be determined under the laws of this
state, and neither the Transferee, the Assignee, nor any other party is authorized to confess
judgment or consent to entry of judgment against Payee.
6. Transferee and the Assignee, and their successors and/or assigns shall,jointly and
severally, defend, indemnify and hold harmless the Structured Settlement Obligor and the
attorneys'
Annuity Issuer from any liability, including, without limitation, reasoliâble costs and
fees, arising from compliance by the Companies with this Order or from any disclosures made in
or related to this Order.
Order"
7. This Order shall constitute a final "Qualified within the meaning of 26
USC § 5891.
ENTERED this ___ day of , 2020:
Hon.
ORDER OF COURT Page 5 of 5 INDEX NO. 904950/2020
EXHIBIT A
STIPULATION OF THE PARTIES
14th
This stipulation of the parties ("Stipulation") is entered into as of this day Of September,
2020, between Asset Security Consulting, LLC ("Transferee"), Structured Originations, LLC
("Assignee"), S. R. Vanderhorst a/k/a S. Vanderhorst a/k/a Shaquea Vanderhorst a/k/a Shaquea
Ravaya Vanderhorst a/k/a Shaquea Ravaya Wilson a/k/a Shaquea Wilson ("Payee"), Wilton Re
Annuity Service Corporation f/k/a Transamerica Annuity Service Corporation ("Structured
Settlement Obligor"), as owner of the structured settlement annuity No. 022611TN01Z (the
"Annuity") and Trañsamerica Fiñãñcial Life Insurance Company, successor by merger with AUSA
Life Insurance Company f/k/a Transamerica Life Insurance Company of New York f/k/a First
Transamerica Life Insurance Company ("Annuity Issuer"), as issuer of the Annuity (the Structured
Settlement Obligor and Annuity Issuer are sometimes collectively referred to as the "Companies").
RECITALS
WHEREAS, pursuant to NY GEN OBLIG § 5-1701, et seq. (the "Act"), this cause came
before the Court upon the Petition (the "Petition"), filed by counsel for Transferee, for Court
approval of a Transfer of Structured Settlement Payment Rights of the Payee to Transferee and
subsequently to their Assignee;
WHEREAS, the Companies have not objected to the proposed Transfer;
WHEREAS, the proposed Transfer, after a notice, hearing and testimony by the Payee, either
in person, by affidavit, or telephonically, shall be approved in a final court order or order of a
responsible administrative authority (the "Court") based on express findings by such Court or
responsible administrative authority (the "Order");
STIPULATION OF THE PARTIES - Page 1 of 7 NO. 904950/2020
WHEREAS, unless otherwise defined herein, capitalized terms shall have the meanings set
forth in the Act or the Order, as may be applicable.
NOW THEREFORE, in consideration of the mutual covenants and promises herein
contained, and for other good and valuable consideration, intending to be legally bound hereby, the
parties hereto stipulate and agree to the following:
1. The Recitals are incorporated herein by reference and made a part of this Stipulation.
2. Payee and Transferee represent and warrant to the Court and Companies that:
A. Transferee provided the Payee a written disclosure statement which
meets all of the requirements prescribed by the Act.
B. Prior to the date set by the Court for the scheduled hearing on the
Petition filed under the Act, the Transferee filed with the Court and
served on all Interested Parties a notice of the proposed transfer and
the Petition for its authorization, which included all of the
requirements of the Act.
C. The Payee has been advised in writing by the Transferee to seek
independent professional advice regarding the Transfer and has either
received such advice or has knowingly waived such advice in writing.
D. The Payee has established that the Transfer is in the best interest of
the Payee, taking into account the welfare and support of the Payee's
Dependents, if any.
E, The Transfer complies with the requirements of the Act and does not
contravene any other applicable federal or state statute or the order of
any court or responsible administrative authority or other government
authority.
F. The Transfer Agreement does not authorize Transferee or any other
party to confess judgment or consent to entry of judgment against
Payee,
G. Except as expressly provided for in this Stipulation, the Transferred
Payment(s) are not subject to the claims of any person or entity.
H. The Transferred Payment(s) being transferred have not been sold,
pledged or alienated in any way and the Payee releases any and all
STIPULATION OF THE PARTIES - Page 2 of 7 NO. 904950/2020
security interest that the Payee may have in the Transferred
Payment(s).
L Payee has confirmed receipt of the disclosure statement(s), as
evidenced by the Payee's signature on a copy of the disclosure
statement.
J. Payee is not required by a court order, judgment, or decree to pay
child support or alimony.
K. Payee has never filed or had filed against the Payee a petition in
bankruptcy under the Federal Bankruptcy Code.
3. Upon entry of the Order, Transferee and Payee shall immediately thereafter be
deemed to have assigned its right, title, and interest in the Transferred Payment(s) to Assignee.
Assignee and Transferee acknowledge and agree to continue to be bound (i) by the terms of this
Stipulation and Order and (ii)as to all representatinna, warranties, and agreements.
4. Transferee and its Assignee and their successors and assigns shall, jointly and
severally, defend, indemnify and hold harmless (collectively, the "Indemnity") the Companies from
attorneys'
any claims, liability or damages, including, but not limited to, reasonable costs and fees,
arising from or in connection with (a) any disclosures made in or related to this Stipulation or Order;
and (b) compliance by the Companies with this Stipulation and the Order; and (c) the Transferee's
failure to comply with the Act.
5. Notwithstanding anything to the contrary elsewhere, disputes under the Transfer
Agreemcñt, including any claim that the Payee has breached the Transfer Agreement, shall be
determined under the laws of this state, and neither the Transferee, Assignee nor any other party is
authorized to confess judgmcñt or consent to entry of judgment against Payee.
6. For good and valuable consideration, and intending to be legally bound hereby,
Transferee, Assignee and Payee, for themselves and for their respective directors, shareholders,
officers, agents, employees, servants, successors, heirs, beneficiaries, contingent beneficiaries,
STIPULATION OF THE PARTIES - Page 3 of 7 NO. 904950/2020
executors, admiñistrators, and assigns, and any parent, subsidiary, or affiliate thereof, and their
directors, shardolders, officers, agents, employees, servants, successors, and assigns, past and
present (the "Releasors"), hereby remise, release, and forever discharge the Companies and their
respective directors, shareholders, officers, agents, employees, servants, successors, and assigns, and
any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents,
employees, servants, successors, and assigns, past and present (the "Compañies Releasees"), of and
from any and all manner of actions and causes of action, suits, debts, dues, accounts, bonds,
covenants, contracts, agreements, judgments, settlements, damages, claims, and demands
whatsoever, in law or in equity, in connection with, related to, or arising out of, any claim or
allegation that was or could have been asserted in connection with, related to, or arising out of the
Transfer Agreement, the Transferred Payment(s), the Proposed Transfer, any Reassignment, or this
Stipulation (including but not limited to the administrative fee referred to herein), which the
Releasors have or had from the beginning of the world through the date of this Stipulation, except
Releasees'
for claims of the Releasors against the Companies Releasees to enforce the Compañies
obligations to the Releasors, if any, under this Stipulation.
7. Compliance with the requirements and fulfillment of the conditions set forth in the
Act and applicable law shall be solely the responsibility of the Transferee and Assignee in the
Transfer of the Trãñsferred Payment(s), and the Companies shall not bear any responsibility for, or
any liability arising from, non-compliance with those requirements or failure to fulfill those
requirements or conditions. Without Hmiting the foregoing, the Companies may rely on the entry of
the Order in making the specified Transferred Payment(s).
8. The Companies are entering into this Stipulation strictly and solely in reliance upon
the Court's approval and upon the representations, warranties and agrecmcnts of the Transferee,
STIPULATION OF THE PARTIES - Page 4 of 7 NO. 904950/2020
Assignee, and Payee and any other person or entity signing hereunder, and only for the purpose of
reflecting that the Companies have no objection to itsterms, if approved by the Court at the hearing
set for this matter. Further, each of the parties acknowledges that each has had the opportunity to
participate in the preparation of this Stipulation and the Order and, as such, no rule of construction
shall apply which might construe this Stipulation and/or the Order in favor of or against any party
hereto.
9. The Transferee, Assignee and Payee agree that the terms of this Stipulation and the
Order are based exclusively upon the facts, representations, and circumstances of this particular
case. Nothing in this Stipulation or in the Order shall preclude the Companies from contesting any
other proposed transfer of Structured Settlement payment rights, whether on the basis of applicable
law, service of process or otherwise. The Order is to be entered without prejudice to the rights of
the Companies, and without findings regarding the enforceability of any non-assignment
provision(s) contained in the Structured Settlement Agreement or related documents; provided,
however, that the Transfer of the Transferred Payment(s) shall be valid and enforceable against the
parties hereto and their successors and assigns. Neither this Stipulation, the Order or the
Companies'
lack of opposition to this matter, shall serve as precedent or evidence in any way nor be
cited in any matter (except in connection with enforcement of the terms of this Stipulation and the
Order). This Stipulation and the Order shall not constitute an admission or acknowledgement by the
parties that the Uniform Commercial Code does or does not apply to the transaction at issue.
Nothing contained in this Stipulation or Order shall be deemed to afford the Payee, Assignee or the
Transferee any rights of ownership or control of the Annuity or shall otherwise affect the exclusive
ownership and control of the Annuity by the Structured Settlement Obligor.
STIPULATION OF THE PARTIES - Page 5 of 7 NO. 904950/2020
10. The Assignee requests that the Transferred Payment(s) be sent by the Companies to
the address provided for in the Order, or such other address as the Assignee and their successors
and/or assigns may designate upon written notice to the Compañies. Payee hereby coñseñts to the
Structured Settlement Obligor and Annuity Issuer making the Transferred Payment(s) payable to the
Assignee or its successors and assigns. In no event shall the Companies be required to divide or
split any of the Transferred Payment(s) between two or more transferees or assignees. Further, any
such change of address or assignment by Assignee of rights to the Transferred Payment(s) shall in
no way relieve the Transferee or Assignee of their obligations hereunder.
11. Until Annuity Issuer has received and processed a fully-executed, certified or court
filed-stamped copy of the Order and Stipulation, Annuity Issuer will continue to make the
Transferred Payments to Payee.
12. The death of the Payee prior to the due date of the last Transferred Payment shall not
affect the Transfer of the Transferred Payment(s) from the Payee to the Assignee, and the Payee
understands that she is giving up her rights and any rights of her estate, and any rights of her heirs,
successors and/or beneficiaries, to the Transferred Payment(s).
13. This Stipulation and the Order shall be read in conjunction with the Prior Order(s)
and the payments transferred as described in the Order shall be in addition to payments transferred
pursuant to the Prior Order(s).
14. The Transferee shall also pay a $1,100.00 administrative fee to the Annuity Issuer in
connection with its review and processing of the Petition.
15. This Stipulation is subject to approval by Order of the Court. Counsel for the
Transferee shall mail certified copies of the Order, including any exhibits and this Stipulation to the
interested parties. This Stipulation may be executed in any number of counterparts, each of which,
OF - 6 of NO. 904950/2020
S.TIPULATION THE PARTIES Page 7
when executed and delivered shall be deemed to be an original, and all of which, when taken
together, shall constitute one and the same. Signatures received facsimile or shall be
by telecopy
deemed originals.
16. The persons signing below represent and warrant that
they have authority to execute
this Stipulation. Such signatures shall be upon the and shall inure to the benefit of
binding parties,
the parties and their respective
hereto, directors, shareholders, officers, agents, employees, servants,
successors, heirs, executors, administrators, and assigns.
IN WITNESS WHEREOF, the parties have executed this Stipulation their duly
by
authorized representatives.
AGREED TO IN FORM AND SUBSTANCE:
PAYEE, The undersigned have no objections to the
foregoing:
ANNUITY ISSUER, by its authorized
S R. Va derhorst a/k/a S.Wnderhorst a/k/a representative
Shaquea Vanderhorst a/k/a Shaquea Ravaya
Vanderhorst a/k/a Shaquea Ravaya Wilson
a/k/a Shaquea Wilson BARB SCOLES, Director
of Wilton Reassurance
Company
TRANSFEREE, by its authorized Annuity Issuer's attorney-in-fact
representative,
STRUCTURED SETTLEMENT
OBLIGOR,
by its authorized representative,
tl re d n
BARB SCOLES, Director
ASSIGNEE, by its authorized
representatives,
Nante:
Michael Rodden
Title:
Vice President
STIPULATION OF TIIE PARTIES - Page 7 of 7 NO. 904950/2020
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY ------------- -------- ¬X ASSET SECURITY CONSULTING, LLC, Index No. 904950/2020 Petitioner(s), ORDER OF COURT -against- WILTON RE ANNUITY SERVICE CORPORATION, TRANSAMERICA (AEGON) and S. R. VANDERHORST, Respondent(s). -- ------------- ------------X WHEREAS, pursuant to NY GEN OBLIG § 5-1701, g s_eg. (the "Act"), this cause came before the Court upon the Petition, filed by counsel for the Transferee, seeking approval of the Transfer of certain Structured Settlement Payment Rights of the Payee to the Transferee; WHEREAS, Asset Security Consulting, LLC ("Transferee"), Structured Originations, LLC ("Assigñêê"), S. R. Vanderhorst a/k/a S. Vanderhorst a/k/a Shaquea Vanderhorst a/k/a Shaquea Ravaya Vanderhorst a/k/a Shaques Ravaya Wilson a/k/a Shaquea Wilson ("Payee"), Wilton Re Annuity Service Corporation f/k/a Transamerica Annuity Service Corporation ("Structured Settlement Obligor"), as owner of the structured settlement annuity No. 022611TN01Z (the "Annuity") and Transamerica Financial Life Insurance Company, successor by merger with AUSA Life Insurance Company f/k/a Transamerica Life Insurance Company of New York f/k/a First Transamerica Life Insurance Company ("Annuity Issuer"), as issuer of the Annuity (the Structured Settlement Obligor and Annuity Issuer are sometimes collectively referred to as the "Companies") have entered into a Stipulation of the Parties (the "Stipulation"), a fully-executed copy of which is attached and incorporated herein by reference as Exhibit A; ORDER OF COURT Page 1 of 5 INDEX NO. 904950/2020 WHEREAS, Transferee hereby acknowledges that upon entry of this Order and the Stipulation, itwill immediately thereafter be deemed to have assigned itsright, title, and interest in the Transferred Payment(s) to the Assignee; WHEREAS, unless otherwise defined herein, capitalized terms shall have the meanings set forth in the Act or in the Stipulation, as may be applicable. NOW, therefore, upon the Court having jurisdiction over this matter and after notice, hearing and testimony by the Payee, either in person, by affidavit, or telephonically, the Court makes the following findings: 1. The Transfer complies with the requirements of the Act. 2. The Transfer is in the best interest of the Payee, taking into account the welfare and support of the Payee's Depêñdents, if any; and the transaction, including the discount rate used to determine the gross advance amotmt and the fees and expenses used to determine the net advance amount, are fair and reasonable. 3. The Payee has been advised in writing by the Transferee to seek Independent Professional Advice regarding the Transfer and has either received such advice or knowingly waived such advice in writing. 4. The Transfer does not contravene any federal or state statute or the order of any court or responsible administrative authority or government authority. Without limiting the foregoing, the Court finds that the Order does not contravene the following prior transfer order(s) ("Prior Order(s)"): • Index No. 257284/2017 - Stipulation and Order of the Court entered on October 20, 2017 in the Supreme Court, Rensselaer County, New York; • Index No. 255056/2017 - Stipulation and Order of the Court entered on February 15, 2017 in the Supreme Court of Albany County, New York; ORDER OF COURT Page 2 of5 INDEX No. 904950/2020 • Index No. 5439-15 - Stipulation and Order of the Court entered on January 4, 2016 in the Supreme Court of Albany County, New York; • Index No. 6277-13 - Stipulation and Order of the Court entered on July 9, 2012 in the Supreme Court of Albany County, New York; and • Index No. 2006-12. RJI No. 01-12-106633 - Stipulation and Order of the Court entered on July 9, 2012 in the Supreme Court of Albany County, New York. 5. The Transfer Agreement is written in plain language and in compliance with the Act. 6, The Stipulation and the Order are hereby APPROVED, Based on the foregoing findings, it is hereby ORDERED, ADJUDGED, and DECREED: 1. The Transfer by the Payee to the Transferee, Assignee and their assignees, of the Transferred Payment(s), as defined below, is hereby APPROVED. No approval is given as to the Transfer of any other Structured Settlement Payment Rights. Notwithstanding anything to the contrary elsewhere, only the following Annuity paymêñ‡(s) (collectively, the "Transferred Payment(s)"), to-wit: • payments of $438.04 each, on October 1, monthly beginning 2022 through and including September 1, 2024, increasing 3.0% annually each October, • payments of $1,197.56 each, on October 1, monthly begiñüing 2024 through and including September 1, 2033, increasing 3.0% annually each October, • payments of $925.30 each, on October 1, monthly beginning 2033 through and including September 1, 2056, increasing 3.0% annually each October, • payments of $3,533.75 each, on October 1, monthly beginning 2056 through and including September 1, 2059, increasing 3.0% annually each October, ORDER OF COURT Page 3 of 5 INDEX NO, 904950/2020 shall be sent by the Companies to the Assignee at the following address: Structured Originations, LLC, P.O. Box 83364, Woburn, MA 01813-3364. 2. Payment shall be made to the Payee by Transferee in the amount of $150,619.80 at an effective discount rate of 7.88%. 3. Pursuant to the Act, notwithstending anything to the contrary in the Petition, and to the extent the Transfer Agreement or any documents related to this transaction contain any of the provisions described in § 5-1704 of the Act, such provisions shall be void. 4. Transferee, Assignee and Payee, for themselves and for their respective directors, shareholders, officers, agents, employees, servants, successors, heirs, beneficiaries, contingent beneficiaries, executors, administrators, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and present (the "Releasors"), hereby remise, release, and forever discharge the Companies and their respective directors, shareholders, officers, agents, employees, servants, successors, and assigns, and any parent, subaWary, or affiliate thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and present (the "Companies Releasees"), of and from any and all manner of actions and causes of action, suits, debts, dues, accounts, bonds, coveñants, contracts, agreements, judgments, settlements, damages, claims, and demands whatsoever, in law or in equity, in connection with, related to, or arising out of any claim or allegation that was or could have been asserted in connection with, related to, or arising out of the Transfer Agreement, the Transferred Payment(s), the Proposed Transfer, any parties' Reassignment or the Stipulation, which the Releasors have or had from the beginning of the world through the date of this Order, except for claims of the Relêêsers against the Releasees' Companies Releasees to enforce Companies obligations to the Releasors, if any, parties' under the Stipulation and this Order. ORDER OF COURT Page 4 of5 INDEX NO, 904950/2020 5. Pursuant to the Act, disputes under the Transfer Agreement, including any claim that the Payee has breached the Transfer Agreement, shall be determined under the laws of this state, and neither the Transferee, the Assignee, nor any other party is authorized to confess judgment or consent to entry of judgment against Payee. 6. Transferee and the Assignee, and their successors and/or assigns shall,jointly and severally, defend, indemnify and hold harmless the Structured Settlement Obligor and the attorneys' Annuity Issuer from any liability, including, without limitation, reasoliâble costs and fees, arising from compliance by the Companies with this Order or from any disclosures made in or related to this Order. Order" 7. This Order shall constitute a final "Qualified within the meaning of 26 USC § 5891. ENTERED this ___ day of , 2020: Hon. ORDER OF COURT Page 5 of 5 INDEX NO. 904950/2020 EXHIBIT A STIPULATION OF THE PARTIES 14th This stipulation of the parties ("Stipulation") is entered into as of this day Of September, 2020, between Asset Security Consulting, LLC ("Transferee"), Structured Originations, LLC ("Assignee"), S. R. Vanderhorst a/k/a S. Vanderhorst a/k/a Shaquea Vanderhorst a/k/a Shaquea Ravaya Vanderhorst a/k/a Shaquea Ravaya Wilson a/k/a Shaquea Wilson ("Payee"), Wilton Re Annuity Service Corporation f/k/a Transamerica Annuity Service Corporation ("Structured Settlement Obligor"), as owner of the structured settlement annuity No. 022611TN01Z (the "Annuity") and Trañsamerica Fiñãñcial Life Insurance Company, successor by merger with AUSA Life Insurance Company f/k/a Transamerica Life Insurance Company of New York f/k/a First Transamerica Life Insurance Company ("Annuity Issuer"), as issuer of the Annuity (the Structured Settlement Obligor and Annuity Issuer are sometimes collectively referred to as the "Companies"). RECITALS WHEREAS, pursuant to NY GEN OBLIG § 5-1701, et seq. (the "Act"), this cause came before the Court upon the Petition (the "Petition"), filed by counsel for Transferee, for Court approval of a Transfer of Structured Settlement Payment Rights of the Payee to Transferee and subsequently to their Assignee; WHEREAS, the Companies have not objected to the proposed Transfer; WHEREAS, the proposed Transfer, after a notice, hearing and testimony by the Payee, either in person, by affidavit, or telephonically, shall be approved in a final court order or order of a responsible administrative authority (the "Court") based on express findings by such Court or responsible administrative authority (the "Order"); STIPULATION OF THE PARTIES - Page 1 of 7 NO. 904950/2020 WHEREAS, unless otherwise defined herein, capitalized terms shall have the meanings set forth in the Act or the Order, as may be applicable. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and for other good and valuable consideration, intending to be legally bound hereby, the parties hereto stipulate and agree to the following: 1. The Recitals are incorporated herein by reference and made a part of this Stipulation. 2. Payee and Transferee represent and warrant to the Court and Companies that: A. Transferee provided the Payee a written disclosure statement which meets all of the requirements prescribed by the Act. B. Prior to the date set by the Court for the scheduled hearing on the Petition filed under the Act, the Transferee filed with the Court and served on all Interested Parties a notice of the proposed transfer and the Petition for its authorization, which included all of the requirements of the Act. C. The Payee has been advised in writing by the Transferee to seek independent professional advice regarding the Transfer and has either received such advice or has knowingly waived such advice in writing. D. The Payee has established that the Transfer is in the best interest of the Payee, taking into account the welfare and support of the Payee's Dependents, if any. E, The Transfer complies with the requirements of the Act and does not contravene any other applicable federal or state statute or the order of any court or responsible administrative authority or other government authority. F. The Transfer Agreement does not authorize Transferee or any other party to confess judgment or consent to entry of judgment against Payee, G. Except as expressly provided for in this Stipulation, the Transferred Payment(s) are not subject to the claims of any person or entity. H. The Transferred Payment(s) being transferred have not been sold, pledged or alienated in any way and the Payee releases any and all STIPULATION OF THE PARTIES - Page 2 of 7 NO. 904950/2020 security interest that the Payee may have in the Transferred Payment(s). L Payee has confirmed receipt of the disclosure statement(s), as evidenced by the Payee's signature on a copy of the disclosure statement. J. Payee is not required by a court order, judgment, or decree to pay child support or alimony. K. Payee has never filed or had filed against the Payee a petition in bankruptcy under the Federal Bankruptcy Code. 3. Upon entry of the Order, Transferee and Payee shall immediately thereafter be deemed to have assigned its right, title, and interest in the Transferred Payment(s) to Assignee. Assignee and Transferee acknowledge and agree to continue to be bound (i) by the terms of this Stipulation and Order and (ii)as to all representatinna, warranties, and agreements. 4. Transferee and its Assignee and their successors and assigns shall, jointly and severally, defend, indemnify and hold harmless (collectively, the "Indemnity") the Companies from attorneys' any claims, liability or damages, including, but not limited to, reasonable costs and fees, arising from or in connection with (a) any disclosures made in or related to this Stipulation or Order; and (b) compliance by the Companies with this Stipulation and the Order; and (c) the Transferee's failure to comply with the Act. 5. Notwithstanding anything to the contrary elsewhere, disputes under the Transfer Agreemcñt, including any claim that the Payee has breached the Transfer Agreement, shall be determined under the laws of this state, and neither the Transferee, Assignee nor any other party is authorized to confess judgmcñt or consent to entry of judgment against Payee. 6. For good and valuable consideration, and intending to be legally bound hereby, Transferee, Assignee and Payee, for themselves and for their respective directors, shareholders, officers, agents, employees, servants, successors, heirs, beneficiaries, contingent beneficiaries, STIPULATION OF THE PARTIES - Page 3 of 7 NO. 904950/2020 executors, admiñistrators, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shardolders, officers, agents, employees, servants, successors, and assigns, past and present (the "Releasors"), hereby remise, release, and forever discharge the Companies and their respective directors, shareholders, officers, agents, employees, servants, successors, and assigns, and any parent, subsidiary, or affiliate thereof, and their directors, shareholders, officers, agents, employees, servants, successors, and assigns, past and present (the "Compañies Releasees"), of and from any and all manner of actions and causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, settlements, damages, claims, and demands whatsoever, in law or in equity, in connection with, related to, or arising out of, any claim or allegation that was or could have been asserted in connection with, related to, or arising out of the Transfer Agreement, the Transferred Payment(s), the Proposed Transfer, any Reassignment, or this Stipulation (including but not limited to the administrative fee referred to herein), which the Releasors have or had from the beginning of the world through the date of this Stipulation, except Releasees' for claims of the Releasors against the Companies Releasees to enforce the Compañies obligations to the Releasors, if any, under this Stipulation. 7. Compliance with the requirements and fulfillment of the conditions set forth in the Act and applicable law shall be solely the responsibility of the Transferee and Assignee in the Transfer of the Trãñsferred Payment(s), and the Companies shall not bear any responsibility for, or any liability arising from, non-compliance with those requirements or failure to fulfill those requirements or conditions. Without Hmiting the foregoing, the Companies may rely on the entry of the Order in making the specified Transferred Payment(s). 8. The Companies are entering into this Stipulation strictly and solely in reliance upon the Court's approval and upon the representations, warranties and agrecmcnts of the Transferee, STIPULATION OF THE PARTIES - Page 4 of 7 NO. 904950/2020 Assignee, and Payee and any other person or entity signing hereunder, and only for the purpose of reflecting that the Companies have no objection to itsterms, if approved by the Court at the hearing set for this matter. Further, each of the parties acknowledges that each has had the opportunity to participate in the preparation of this Stipulation and the Order and, as such, no rule of construction shall apply which might construe this Stipulation and/or the Order in favor of or against any party hereto. 9. The Transferee, Assignee and Payee agree that the terms of this Stipulation and the Order are based exclusively upon the facts, representations, and circumstances of this particular case. Nothing in this Stipulation or in the Order shall preclude the Companies from contesting any other proposed transfer of Structured Settlement payment rights, whether on the basis of applicable law, service of process or otherwise. The Order is to be entered without prejudice to the rights of the Companies, and without findings regarding the enforceability of any non-assignment provision(s) contained in the Structured Settlement Agreement or related documents; provided, however, that the Transfer of the Transferred Payment(s) shall be valid and enforceable against the parties hereto and their successors and assigns. Neither this Stipulation, the Order or the Companies' lack of opposition to this matter, shall serve as precedent or evidence in any way nor be cited in any matter (except in connection with enforcement of the terms of this Stipulation and the Order). This Stipulation and the Order shall not constitute an admission or acknowledgement by the parties that the Uniform Commercial Code does or does not apply to the transaction at issue. Nothing contained in this Stipulation or Order shall be deemed to afford the Payee, Assignee or the Transferee any rights of ownership or control of the Annuity or shall otherwise affect the exclusive ownership and control of the Annuity by the Structured Settlement Obligor. STIPULATION OF THE PARTIES - Page 5 of 7 NO. 904950/2020 10. The Assignee requests that the Transferred Payment(s) be sent by the Companies to the address provided for in the Order, or such other address as the Assignee and their successors and/or assigns may designate upon written notice to the Compañies. Payee hereby coñseñts to the Structured Settlement Obligor and Annuity Issuer making the Transferred Payment(s) payable to the Assignee or its successors and assigns. In no event shall the Companies be required to divide or split any of the Transferred Payment(s) between two or more transferees or assignees. Further, any such change of address or assignment by Assignee of rights to the Transferred Payment(s) shall in no way relieve the Transferee or Assignee of their obligations hereunder. 11. Until Annuity Issuer has received and processed a fully-executed, certified or court filed-stamped copy of the Order and Stipulation, Annuity Issuer will continue to make the Transferred Payments to Payee. 12. The death of the Payee prior to the due date of the last Transferred Payment shall not affect the Transfer of the Transferred Payment(s) from the Payee to the Assignee, and the Payee understands that she is giving up her rights and any rights of her estate, and any rights of her heirs, successors and/or beneficiaries, to the Transferred Payment(s). 13. This Stipulation and the Order shall be read in conjunction with the Prior Order(s) and the payments transferred as described in the Order shall be in addition to payments transferred pursuant to the Prior Order(s). 14. The Transferee shall also pay a $1,100.00 administrative fee to the Annuity Issuer in connection with its review and processing of the Petition. 15. This Stipulation is subject to approval by Order of the Court. Counsel for the Transferee shall mail certified copies of the Order, including any exhibits and this Stipulation to the interested parties. This Stipulation may be executed in any number of counterparts, each of which, OF - 6 of NO. 904950/2020 S.TIPULATION THE PARTIES Page 7 when executed and delivered shall be deemed to be an original, and all of which, when taken together, shall constitute one and the same. Signatures received facsimile or shall be by telecopy deemed originals. 16. The persons signing below represent and warrant that they have authority to execute this Stipulation. Such signatures shall be upon the and shall inure to the benefit of binding parties, the parties and their respective hereto, directors, shareholders, officers, agents, employees, servants, successors, heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the parties have executed this Stipulation their duly by authorized representatives. AGREED TO IN FORM AND SUBSTANCE: PAYEE, The undersigned have no objections to the foregoing: ANNUITY ISSUER, by its authorized S R. Va derhorst a/k/a S.Wnderhorst a/k/a representative Shaquea Vanderhorst a/k/a Shaquea Ravaya Vanderhorst a/k/a Shaquea Ravaya Wilson a/k/a Shaquea Wilson BARB SCOLES, Director of Wilton Reassurance Company TRANSFEREE, by its authorized Annuity Issuer's attorney-in-fact representative, STRUCTURED SETTLEMENT OBLIGOR, by its authorized representative, tl re d n BARB SCOLES, Director ASSIGNEE, by its authorized representatives, Nante: Michael Rodden Title: Vice President STIPULATION OF TIIE PARTIES - Page 7 of 7 NO. 904950/2020