Preview
Electronically Filed
2/9/2021 4:55 PM
Hidalgo County District Clerks
Reviewed By: Xavier Jimenez
NO. C-4215-19-C
M.A.R. Designs & Construction § IN THE DISTRICT COURT
V l39TH JUDICIAL DISTRICT
g
Alex Moreno
g HIDALGO COUNTY, TEXAS
RULE 11 AGREEMENT
The Exhibit attached hereto is hereby filed in accordance With Rule 11 of the Texas Rules
of Civil Procedure.
Respectfizlly submitted,
Macias Law, P.L.L.C
515 Pecan Blvd.
MCALLEN, TX 78501
Tel: (956) 630-1 133
Fax: (956) 630-3 144
Carlo; Maéias
State Bar No. 24037012
Attorney for Respondent/ Counter—Petitioner
Certificate of Service
I certify that a true copy of this Letter - Rule 11 Agreement was served in accordance
With rule 21a of the Texas Rules of Civil Procedure on David Bwers on February 8, 2021 via
email at davidéfiewerscom
Electronically Filed
2/9/2021 4:55 PM
Hidalgo County District Clerks
Reviewed By: Xavier Jimenez
February 8th, 2021
Via Email: David(Qewergicgm
Mr. David Ewers
Law Office of David Ewers
323 W. Nolana
McAllen, Texas 78504
RE: Cause No. C-4215-l9-C, M.A.R. Designs & Construction, Inc. v. Alejandro Moreno
in in the 139th District Court, Hidalgo County, Texas; Lot 18 Taylor Road & Lot
13 Sendero Ranch Tracts;
Dear David:
Both parties agree to the following terms and in consideration for same, Respondent / Counter
Petitioner will ask court to abate any ruling on its Motion for Application of Receivership:
1. M.A.R. Designs & Construction Inc. and Alejandro Moreno have agreed that MAR Designs
& Construction Inc will place both of the properties listed herein for sale at the following
price(s):
Lot l8 Taylor: $375,000
Lot 13 Sendero: $235,000
Both parties agree and understand that these prices are the listing price for each house but that
each house may sell for a greater or lesser amount. Furthermore, MAR Design & Construction,
Inc. agrees that upon receipt of a written offer, his lawyer will provide a copy of the written offer
to Counsel for Alejandro Moreno within twenty-four hours (unless the offer is submitted on a
weekend, then the offer must be provided Monday morning). Counsel for Alejandro Moreno
shall within 24 hours of his receipt advise counsel for MAR Designs & Construction, Inc.,
whether the Contract is approved.
Both parties have agreed to use Ronnie Ontiveros as the listing agent for both properties and
MAR Designs & Construction Inc will sign a listing agreement for the vacant property on or
before February 15‘“- 2021 and provide acopy ofexecuted listing agreement to counsel for
Alejandro Moreno by same date.
Both parties agree and understand that MAR Designs & Construction Inc. is currently in the
process 0f evicting a tenant in possession of Lot 13, Sendero. Counsel for MAR Designs &
Construction, Inc. will be solely responsible for the eviction of this tenant and agrees that the
eviction process should be completed by July 12th, 2021. Counsel for MAR Designs &
Construction, Inc. will provide counsel for Alejandro Moreno copies of pleadings filed in
eviction action. Immediately after the eviction, MAR Designs & Construction, Inc. will list the
property for sale with Ronnie Ontiveros for the price listed herein.
2. Plaintiff agrees that these two tracts during the pendency of this lawsuit and until this lawsuit
is resolved and disposed of, or otherwise ordered by the Court, cannot be encumbered, used for
collateral for any hard money loans, tax loans, be exchanged for collateral to release other
property, or do anything else that may or has the potential of causing harm to the collateral.
pp!» CM
Electronically Filed
2/9/2021 4:55 PM
Hidalgo County District Clerks
Reviewed By: Xavier Jimenez
Counsel for Respondent may fiom time-to—time request title reports afier the filing ofthis Rule
11 Agreement and will share same with Counsel for Petitioner and this will be incorporated
into this Rule 11 to secure strict compliance by Petitioner inregards to this requirement (# 2 of
this agreement).
Plaintiff agrees, that upon each property selling and transaction is funded, the net proceeds will
be deposited into the registry of the court in an interest-bearing account, minus the costs of title
policy, document preparation fees, tax service, courier fees, filing fees, real estate commission
and pro-rated taxes based on date of closing. A11 remaining proceeds will be deposited into
registry of court. Alejandro Moreno agrees that
3. Plaintiff is prohibited from selling the properties subject of this lawsuit by offering owner
financing.
4. Plaintiffagrees, understands that upon having a sales contract for the properties subj ect ofthis
Rule 11 Agreement, the closing must consist 0f the following: Plaintiff must escrow earnest
money at any title company (with the exception of Sierra Title, McAllen) and must provide
copies of executed contract with earnest money receipt within 24 hours of contract being
escrowed to Respondent's counsel Plaintiff, agrees and understands, that upon escrowing
either Plaintiff‘s counsel or Counsel for Respondent will provide a copy of this Rule 11
Agreement to Title Company, closing agents / attorneys and or mortgage company so that
strict compliance of this Rule 11 Agreement can be complied with by closing agents and or
title company. Alejandro Moreno agrees to execute and deliver at closing, such releases as
required by Title Company in order to insure marketable title to the Property.
5. Plaintiff agrees to provide property insurance for the amounts as agreed to in No. 1 of this
Rule 11 Agreement and insurance must include Alex Moreno as mortgagee or additional insured
on the insurance policy for both tracts of land subj ect of this Rule 11 Agreement. Proof of
insurance must be provided to Respondent's lawyer on or before February 15th, 2021.
If this accurately reflects our agreement, please sign this letter and return it to me. Ifthe
above does not correctly reflect our agreement, or should you have any questions concerning this
agreement, then please contact me immediately at 956-63 0-1 133.
Thank you for your professional courtesies in this matter.
Sincerely yours,
Carlos Macias
Qg/
David Ewers /
Attorney for M.A.R. Design & Construction
Preview
Electronically Filed 2/9/2021 4:55 PM Hidalgo County District Clerks Reviewed By: Xavier Jimenez NO. C-4215-19-C M.A.R. Designs & Construction § IN THE DISTRICT COURT V l39TH JUDICIAL DISTRICT g Alex Moreno g HIDALGO COUNTY, TEXAS RULE 11 AGREEMENT The Exhibit attached hereto is hereby filed in accordance With Rule 11 of the Texas Rules of Civil Procedure. Respectfizlly submitted, Macias Law, P.L.L.C 515 Pecan Blvd. MCALLEN, TX 78501 Tel: (956) 630-1 133 Fax: (956) 630-3 144 Carlo; Maéias State Bar No. 24037012 Attorney for Respondent/ Counter—Petitioner Certificate of Service I certify that a true copy of this Letter - Rule 11 Agreement was served in accordance With rule 21a of the Texas Rules of Civil Procedure on David Bwers on February 8, 2021 via email at davidéfiewerscom Electronically Filed 2/9/2021 4:55 PM Hidalgo County District Clerks Reviewed By: Xavier Jimenez February 8th, 2021 Via Email: David(Qewergicgm Mr. David Ewers Law Office of David Ewers 323 W. Nolana McAllen, Texas 78504 RE: Cause No. C-4215-l9-C, M.A.R. Designs & Construction, Inc. v. Alejandro Moreno in in the 139th District Court, Hidalgo County, Texas; Lot 18 Taylor Road & Lot 13 Sendero Ranch Tracts; Dear David: Both parties agree to the following terms and in consideration for same, Respondent / Counter Petitioner will ask court to abate any ruling on its Motion for Application of Receivership: 1. M.A.R. Designs & Construction Inc. and Alejandro Moreno have agreed that MAR Designs & Construction Inc will place both of the properties listed herein for sale at the following price(s): Lot l8 Taylor: $375,000 Lot 13 Sendero: $235,000 Both parties agree and understand that these prices are the listing price for each house but that each house may sell for a greater or lesser amount. Furthermore, MAR Design & Construction, Inc. agrees that upon receipt of a written offer, his lawyer will provide a copy of the written offer to Counsel for Alejandro Moreno within twenty-four hours (unless the offer is submitted on a weekend, then the offer must be provided Monday morning). Counsel for Alejandro Moreno shall within 24 hours of his receipt advise counsel for MAR Designs & Construction, Inc., whether the Contract is approved. Both parties have agreed to use Ronnie Ontiveros as the listing agent for both properties and MAR Designs & Construction Inc will sign a listing agreement for the vacant property on or before February 15‘“- 2021 and provide acopy ofexecuted listing agreement to counsel for Alejandro Moreno by same date. Both parties agree and understand that MAR Designs & Construction Inc. is currently in the process 0f evicting a tenant in possession of Lot 13, Sendero. Counsel for MAR Designs & Construction, Inc. will be solely responsible for the eviction of this tenant and agrees that the eviction process should be completed by July 12th, 2021. Counsel for MAR Designs & Construction, Inc. will provide counsel for Alejandro Moreno copies of pleadings filed in eviction action. Immediately after the eviction, MAR Designs & Construction, Inc. will list the property for sale with Ronnie Ontiveros for the price listed herein. 2. Plaintiff agrees that these two tracts during the pendency of this lawsuit and until this lawsuit is resolved and disposed of, or otherwise ordered by the Court, cannot be encumbered, used for collateral for any hard money loans, tax loans, be exchanged for collateral to release other property, or do anything else that may or has the potential of causing harm to the collateral. pp!» CM Electronically Filed 2/9/2021 4:55 PM Hidalgo County District Clerks Reviewed By: Xavier Jimenez Counsel for Respondent may fiom time-to—time request title reports afier the filing ofthis Rule 11 Agreement and will share same with Counsel for Petitioner and this will be incorporated into this Rule 11 to secure strict compliance by Petitioner inregards to this requirement (# 2 of this agreement). Plaintiff agrees, that upon each property selling and transaction is funded, the net proceeds will be deposited into the registry of the court in an interest-bearing account, minus the costs of title policy, document preparation fees, tax service, courier fees, filing fees, real estate commission and pro-rated taxes based on date of closing. A11 remaining proceeds will be deposited into registry of court. Alejandro Moreno agrees that 3. Plaintiff is prohibited from selling the properties subject of this lawsuit by offering owner financing. 4. Plaintiffagrees, understands that upon having a sales contract for the properties subj ect ofthis Rule 11 Agreement, the closing must consist 0f the following: Plaintiff must escrow earnest money at any title company (with the exception of Sierra Title, McAllen) and must provide copies of executed contract with earnest money receipt within 24 hours of contract being escrowed to Respondent's counsel Plaintiff, agrees and understands, that upon escrowing either Plaintiff‘s counsel or Counsel for Respondent will provide a copy of this Rule 11 Agreement to Title Company, closing agents / attorneys and or mortgage company so that strict compliance of this Rule 11 Agreement can be complied with by closing agents and or title company. Alejandro Moreno agrees to execute and deliver at closing, such releases as required by Title Company in order to insure marketable title to the Property. 5. Plaintiff agrees to provide property insurance for the amounts as agreed to in No. 1 of this Rule 11 Agreement and insurance must include Alex Moreno as mortgagee or additional insured on the insurance policy for both tracts of land subj ect of this Rule 11 Agreement. Proof of insurance must be provided to Respondent's lawyer on or before February 15th, 2021. If this accurately reflects our agreement, please sign this letter and return it to me. Ifthe above does not correctly reflect our agreement, or should you have any questions concerning this agreement, then please contact me immediately at 956-63 0-1 133. Thank you for your professional courtesies in this matter. Sincerely yours, Carlos Macias Qg/ David Ewers / Attorney for M.A.R. Design & Construction