Preview
_ 83/81/2684 11:46 4154642812 BUELL BERNER PAGE 15
FILED BY FAX
E. Rick Buell, Il (SBN SI oO SUBLL u ALAMEDA COUNTY
AW OFFICES OF E. RIC JELL, March 01, 2004
00 Larkspur Landing Circle, Suite 175
ON
Larkspur CA 94939 CLERK OF
Tel: (415) 464-2011 THE SUPERIOR COUIRT
YW
Fax: (415) 464-2012 By Rosanne Case, Deputy
email: rbuell@buell-law.us CASE NUMBER:
SF
Attorneys for Plaintiff RG03106646
tw
GWEN R. SYKES
A
ON
SUPERIOR COURT OF THE STATE OF CALIFORNIA
Oo
COUNTY OF ALAMEDA
wo
11 GWEN R. SYKES Case No. RGO3106646
12 Plaintiff, } DECLARATION OF E. RICK. BUELL, If
vs. ; IN SUPPORT OF PLAINTIFF’S
13 } OPPOSITIONS TO DEFENDANT’S
DOUGLAS SYKES, an individual, and MOTIONS TO COMPEL
14 DOES 1-20, inclusive
Date: March 16, 2003
15 Defendant. Time: 2:00 p.m.
Dept.: 31
16 Reservation No 342285
Trial Date: October 1, 2004.
17
18
19 J,E. RICK BUELL, II,declare as follows:
20 1. Lam a member in good standing of the California State Bar fully licensed to practice
21 law in California. The following facts are within my personal knowledge, and if called and
22 swom. as a witness, I am competent to testify thereto.
23 2. Plaintiff obtained a copy of her files from Oleon in the spring of 2003 and gave them
24 tome. The prenuptial agreement with the original handwritten comments that defendant seeks to
25 obtain was in the file.
26 3. Subsequent to completion of plaintiff's deposition in January 2004, defendant
27 produced a prenuptial agreement he claims plaintiff signed on October 18, 2000. A copy of that
28 October 18 agreement isattached as Exhibit A hereto,
PECLARATION OF E,RICK BUELL, IIN SUPPORT
OF PLAINTIFF'S OPPOSITIONS TO DEFENDANT'S
MOTIONS TO COMPEL
_ _ 83/Ol/2aa4 11:46 4154642812 BUELL BERNER PAGE 16
Larkspur, California this 1* day of March, 2004.
Executed under penalties of perjury at
LE AME debs
1
E. Rick Buell, 1
DECLARATION OF E.RICK BUELL, Il IN
SUPPORT
OF PLAINTIFF'SOPPOSITIONS TO DEFENDANT'S
MOTIONS TO COMPEL
BUELL BERNER PAGE 17
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(A;4;prenup]
PRENUPTIAL AGREEMENT
undersigned, herein referred to as “Husband” and “Wife”, are
The
marriage to each other in the near future. Each party has’
contemplating
disclosed ta the other the nature, extent, and value of his or har
substantially
interests, including his or-her various present and potenti al investment
property
interests and his or her present and potential income from various sources,
including without limitation his or her business and investment interests.
WHEREAS, Husband and Wife desire and intend by this Agreement to fix and
define their property rights after marriage, They intend that all property owned by
either of them at the time of the marriage shall remain thereafter the separate
property of the party who owns the property. They further intend that all additional
property af any nature that either of them acquires after marriage shall be the
‘separate property of the acquiring party, and not community property. The parties
further intend to avoid any interests that, except for the operation of this .
Agreement, each of them might acquire in the property of the other as incidents of
their marital relationship. The parties specifically intend that they will not acquire
any community estate property after their marriage unless such property is clearly
delineated as such in a writing signed by each. ‘This Agreement covers all interests
in property whether located within or without the State of California.
_ NOW THEREFORE, in consideration of their contemplated marriage and of
their reciprocal agreements herein contained, the parties hereto agree as follows:
1. Separate Property and Income. Except as may be expressly provided
otherwise herein or in or by a subsequent writing signed and dated by the parties
making specific reference to this Agreement:
(a) All real and personal property now owned by each of the parties is, and
shall remain such party's separate property; and all propertyof every kind earned or
otherwise acquired prior to said marriage also shall be the separate property of such
party. itis the parties’ specific intent in entering into this Agreement that they do
not intend to share in the property or earnings of the other which exist as of the
date of their marriage, except ds otherwise expressly provided.
(b) All income, issues, rents, profits, reinvestments, transmutations,
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{whether or not resulting from the personal
; accretions, appreciations and Increase
of aither party) and which relate in any way to
effort, skill, management or energies
as of the date of their marriage shall be and
the properties owned by either party
and, In no event , shall any property now
remain such party’s separate property;
or any interest tharein, be or become comm unit y
owned by either of the parties,
property of the parties after their marriaga.
(c) Each party acknowledges that earnings, income and appreciation in value
personal services, skill, effort, management and wark of the
resulting from the
the marriage would ba community property , except that by
acquiring party after
such earnings and income which relates to the properties owned by
this Agreement
party as of the date of their marriage shall be the separate property of each
sither
such party; and each party waives any Tights and claims to receive any such
earnings and income from the party acquiring said earnings and income.
(d) Wife agrees that all property, including the earnings and income resutting
from personal services, skill, effort, and work belong to Husband during the
marriage, or acquired by or coming to Husband by purchase, gift, inheritance, or
other means during the marriage, shall be the property of Husband and shall be
subject to Husband's disposition as separate property, as Ifno marriage had been
entered into. Wife acknowledges that except for this Agreement the earnings and
income from the personal services of Husband during the marriage would be
community property in which Wife would have a one-half interest, but that by this
Agreement those earnings and income are made the separate property of Husband.
(e} Husband agrees that all property, including the earnings and income
resulting from personal services, skill, effort, and work belong to Wife during the
marriage, or acquired by or coming to Wife by purchase, gift, inheritance, or other
means during the marriage, shall ba the property of Wife and shall be subjact to
Wife‘s disposition as separate property, as if no marriage had been entered into,
Husband acknowledges that except for this Agreement the earnings and income
from the personal services of Wife during the marriage would be the community
property in which Husband would have 4 one-half interest, but that by this
Agreement those earnings and income are made the separate property of Wife.
(f) Each party expressly assumes and agrees to pay and shall indemnify and
hold the other harmless from and against any and all debts or obligations of any
kind whatsoever incurred by such indemnifying party both before and after date of
marriage, Joint obligations must be clearly delineated as such in writing.
(g) Without limiting the applicability of subparagraph {b) hereof, If either party
shall, subsequent to said marriage, perform services for any corporation, trust,
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entity in which he or she had an interest prior to said marriage
partnership or other
interest shall be attributable ta such services, and no
no increase in value of such
increased value shall be deamed to be community hol
} part of such interest or any
of the perfarmance of such servic es, and the whole
property of the partie s because
thereof shall be and remain that party's separate property.
(h) With regard to any retirement, IRA, pension or profit sharing plan, Keogh
Plan or any other retirement program, allsuch interest acquired prior to sald
and after the marrlage, shall be and remain his of her separate property.
marriage
(i)The parties agree that they may occasionally use such expressions as “our
property”, “our house” or “our bank account” when referring to property that is by
the terms of this Agreement separate property. The parties further agree that they
sometimes may commmingle separate and community property or may make
statements or take-actions that are or appear to be inconsistent with the terms of
this Agreement. Notwithstanding any of the above, the parties agree that this
Agreement may be amended or.modified only as set forth herein and that the
provisions of the Agreemant cantrol the status of such property.
(i)The election, if any, of the parties after their marriage to file federal or
state income tax returns on a joint form shall not constitute the creation of any
community property or any other right or interest contravaning this Agreement.
(k) Except as otherwise provided herein, all maintenance on the separate
property of either party shall be paid from such party’s separate income.
2. Disclosure of Property. (a) At the time this Agreement is executed,
Husband discloses and has listed in Exhibit A attached to this Agreement the
property which he owns or in which he has-a beneficial interest or expectancy and
‘the axtent of that interest. '
{b} At the time this Agreement is executed, Wife discloses and has listed in
Exhibit B attached to this Agreement the property which she owns or in which she
has a beneficial interest or expectancy and the extent of that Interest,
({c} The parties hereto agree that such lists may contain general as well as.
specific descriptions of sald items, Each party agrees that he or she is not entering,
into this Agreement in rellance upon the exactness of the lists attached or in
reliance upon the exactness of the values stated on such fists, but each party
intends that such lists and values contained therein will be reasonably accurate.
(dj) Each party acknowledges that ha or she has read Exhibits A and @: that
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BUELL BERNER
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Agreement frealy and voluntarily, and that he or she
he or she is entering into this
5 understands the contents of this Agreement.
Each party acknowledges having voluntarily and expressly waived in
(a)
to disclosure of the property and financial obligati ons of the other
writing any right
beyond the disclosure already provided, and that such written waiver was _
party
made by an instrument executed prior to the execution of this Agreement.
3, Separate Property to Remain Separate. Excapt as may be specifically
provided otherwise in this Agreement, or by a subsequent writing signed and dated
by the parties, and making specific reference to this Agreement;
ta) Husband and Wife agree that all property belonging to Husband at the
commencement of the marriage, including the property set forth In attached Exhibit
A shall remain his separate property, Husband shall have sole management and
control over the property. and the property shall be subject to his disposition in the
same manner as if-no marriage had been entered into.
(b) Husband and Wife agres that all property belonging to Wife at the
commencement of the marriage, including the property set forth in attached Exhibit
-B shall remain her separate property. Wife shall have sole management and control
over the property and the property shall be subject to her disposition in the same
) manner as if no marriage had been entered into.
4, Releases and Disclaimers. (a) Except for property acquired Jointly by the’
parties after the date of their marriage, each of the. partles hereby forever releases,
disclaims, walves and relinquishes all rights, claims or interests which he or she
might otherwise have on the death of the other subsequent to said marriage in or to
the other’s estate under every applicable statute of succession and under every
other law which would otherwise give to the survivor any of the following rights:
(1} Community property rights;
(2) The right to a family allowance and probate homestead;
(3) The right or claims of dower, curtésy or any statutory substitutes
provided by the statutes of the State of California or any other state in which the
parties may die domiciled or in which they may own real property;
(4) The right of election to take against the Will of the other and the right to
a distributive share In the estate of the other should he or she die intestate:
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ase. /2ae4
5
declare a homestead in the other's separate property; and
(5) Tha right to
to act as administrator of the estate of the other.
) (6) The right
pre-existing Trust, Will or Testament or any other instrument which
(b) Any
the estate of the other on death, shall remain in full force and shall not
disposes of
be revoked in whole ar in part by the ocourrence of the marriage. Each party
waives the benefits of allprobate or similar statutes that might be in
specifically
revocation of Wills on marriage, including any found in
existance with respect ta
the California Probate Code and similar statutes in other jurisdictions.
(c) Nothing contained in this Agreement shall affect the right of either party
hereto to receive any legacy or devise or any other benefit expressly given by any
Will of the other hereafter executed. However, the parties acknowledge that no
representations or promises with reference ta the making of provisions by Will or
Codicil for the other have been made by either to the other upon which either has
relied in entering into this. Agreement. —
5. Creation of Jointly Owned Property. Notwithstanding any provisions of
' this Agreement to the contrary, the parties may, if they so agrée In writing,
voluntarily hold property as their community property. The parties may also
establish joint checking and/or savings accounts entitled “Husband and Wife as
J their community property,” or any other title evidencing a similar Intent. Bach party
Sos may, if he or she desires, contribute funds from time to time in his or her absolute
discretion, neither party being required ta make any such contributions. In the
event any such contributions are made, such contributions shall then be deemed to
be.community property of the parties, and, except as provided for elsewhere in this’
Agreement, all property acquired from such funds and all proceeds, income, rents
or profits therefrom or appreciation In value thereof shall be community property.
6, Community Funds Used to Fund Separate Property. Except as may be
otherwise provided herain, anything in the foregoing Paragraph to the contrary
notwithstanding, In the event community funds are used to fund improvements to
the separate property of elther party, or in the event community property funds. are
used, either partially or totally to acquire property held in the name of either party
as his or her separate property, thento the extent such community property funds
are so used, they shall constitute a charge against the separate property of the
party in whom title to such property is vested, to be repaid, without interest upon
the dissalution of the marriage, or upon the death of either party, In no event shall .
the use of the community property be deemed to acquire an ownership interest In
the property so acquired or improved, absent a written agreement so providing.
, 7 Page 5 of 8
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7. Tax Returns. The parties are not yet aware whether they will file joint tax
returns. In the event both parties agree, they may prepare joint federal and state
income tax returns for any year for which the parties may legally file Joint returns.
savings derived by Wife as a result of filing jointly with Husband shall be
Any tax
shared equally by the parties,
8, Family Residence. The parties intend te make their primary residence in
real property currently owned by Husband. Husband shall pay all real property
taxes and assessments, all mortgage payments, all insurance premiums, and all
costs of maintenance on the residence,
9, Execution of Documents. Each party shall, on the request of the other or
his or her heirs, executors, administrators, grantees, devisees, or assignees, take all
steps, and execute, acknowledge and deliver to the other party all further
instruments necessary or expedient to effactuate the purposes of this Agreement,
including (but not by way of limitation), quitclaim deeds, disclaimers of interest or
assignments required by third parties. Notwithstanding the failure of either party to
execute any such instrument, this Agreement shall be in all respects operative as
though said instruments were executed,
10. Househald Expenses. Wife shall contribute toward the household
axpenses of the family residence for utilities, cleaning, food and household supplies,
Unless the parties agree to the contrary in writing, Wife's contribution shall be a
maximum of §500,00 per month as long as she lives in the residence,
11. Payment to Wife re Brandon Lee. Husband shall pay to Wife the sum of
450.00 per month for a period of Sixty (60) months for the benefit of Wife's Son,
Brandon Lee, commencing Thirty (30) days after the marrlage is consummated.
12. Representation by Counsel/Attornays Fees, (a) Each of the parties
acknowledges that he or she has been represented in the negotiations for, and in
the preparation of, this Agreement by counsel of his or her own choosing: that he
or she has read this Agreement and has had its contents fully explained to him or
her by such counsel, and is fully aware of the contents hereof; and each party has
or will compensate his or her own attorney; and (b) Neither party shall seek an
award of attorney's fees under California's Family Law Act or other law in the
event that either files for dissolution of marriage.
(b) Each of the parties acknowledgas that no representations, covanants or
warranties, elther express or implied, have been made to him or her and that this
Agreement ts entered into freely and without any representation or promise by the
other which [s not set forth herein.
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13. No Oral Agreements. Each of the parties acknowledges that there are no
‘5 oral agreements between the parties made at any time prior to the date. of this
Agreement, and each of the parties specifically waives and relinquishes any and all
rights and claims which he or she may presently have or which may have existed at
any time prior to the date of this Agreement arising under any legal principles
announced, established or implied under any legal decision. This Agreemen t shall
become effective only upon the contemplated marriage of the parties,
14, Children. Wife has a child named Brandon who has reached the age of
majority. Husband has a child named Brian who was born on January 1,1991.
15. Binding on Heirs and Assigns. This Agreement shall bind the parties
hereto and their respective heirs, successors, executors, administrators, assigns
and legal representatives.
16. Modification. This is the entire agreament between the parties, and may
be modified, alteréd or amended only by an agreement in writing, signed and dated
by each party. If to any extent or for any period of time any. provision of this
Agreement is determined to be invalid or unenforceable, such Invalidity or
unenforceability shall not affect the validity or enforceability of such provision for
any other period of.time, nor the validity or enforceability of any other provision.
17. Counterparts. This Agreement may be executed in any number of
counterparts, any one of which shall be deemed the.original.
18. Alternative Living Arrangement in the Event of Petition for Dissolution or
Death. In the event the parties are residing in Husband’s home and either party
petitions for divorce, the Wife shall vacate the home within 60 days after filing of
the Petition. In the event Husband dies, Wife shall vacate the home within 100
days after Husband’s death. ;
Dated: (0 -$-- OO A horce Loe Lae
Gwendolyn Rowe-Lea
‘olay log : nip
Dated;
; Sykes
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ATTORNEY’S GERTIFICATION (WIFE)
The undersigned hereby certifies that he (sha) is an attorney duly licensed
and admitted to practice in Callfornia; and has been employed and compensated by
Wife, and has advised and consulted with Wife in connection with property rights
and has fully explained to her the legal effect of the foregoing Agreement and the
effect which ithas upon her rights otherwise obtaining as a matter of law; that
Wife, after being fully advised by the undersignad, acknowledges to tha
undersigned that she understands the legal etfects of the foregoing Agreement and
executed the same freely and voluntarily in the presence of the undersigned.
Date: CSL / gOOP
ATTORNEY’S CERTIFICATION (HUSBAND)
The undersigned-hereby certifies that he (she) is an attorney at law duly
licensed and admitted to practice in the State of California; and has been employed.
by and compensated-by Husband; that he (she) has advised and consulted with
Husband in connection with his property rights and has fully explained to him the —
legal effect of the foregoing Agreement and the Effect which it has upon his rights
otherwise obtaining as a matter of law; that Husband, after being fully advised by
the undersigned, acknowledges to the undersigned that he understands the legal
-effects af the foregoing Agreement and Husband executed the same freely and
voluntarily in the presence of the undersigned.
Date: Lideber oie Abo heigl
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_ 83/81/2684 11:46 4154642812 BUELL BERNER PAGE 15 FILED BY FAX E. Rick Buell, Il (SBN SI oO SUBLL u ALAMEDA COUNTY AW OFFICES OF E. RIC JELL, March 01, 2004 00 Larkspur Landing Circle, Suite 175 ON Larkspur CA 94939 CLERK OF Tel: (415) 464-2011 THE SUPERIOR COUIRT YW Fax: (415) 464-2012 By Rosanne Case, Deputy email: rbuell@buell-law.us CASE NUMBER: SF Attorneys for Plaintiff RG03106646 tw GWEN R. SYKES A ON SUPERIOR COURT OF THE STATE OF CALIFORNIA Oo COUNTY OF ALAMEDA wo 11 GWEN R. SYKES Case No. RGO3106646 12 Plaintiff, } DECLARATION OF E. RICK. BUELL, If vs. ; IN SUPPORT OF PLAINTIFF’S 13 } OPPOSITIONS TO DEFENDANT’S DOUGLAS SYKES, an individual, and MOTIONS TO COMPEL 14 DOES 1-20, inclusive Date: March 16, 2003 15 Defendant. Time: 2:00 p.m. Dept.: 31 16 Reservation No 342285 Trial Date: October 1, 2004. 17 18 19 J,E. RICK BUELL, II,declare as follows: 20 1. Lam a member in good standing of the California State Bar fully licensed to practice 21 law in California. The following facts are within my personal knowledge, and if called and 22 swom. as a witness, I am competent to testify thereto. 23 2. Plaintiff obtained a copy of her files from Oleon in the spring of 2003 and gave them 24 tome. The prenuptial agreement with the original handwritten comments that defendant seeks to 25 obtain was in the file. 26 3. Subsequent to completion of plaintiff's deposition in January 2004, defendant 27 produced a prenuptial agreement he claims plaintiff signed on October 18, 2000. A copy of that 28 October 18 agreement isattached as Exhibit A hereto, PECLARATION OF E,RICK BUELL, IIN SUPPORT OF PLAINTIFF'S OPPOSITIONS TO DEFENDANT'S MOTIONS TO COMPEL _ _ 83/Ol/2aa4 11:46 4154642812 BUELL BERNER PAGE 16 Larkspur, California this 1* day of March, 2004. Executed under penalties of perjury at LE AME debs 1 E. Rick Buell, 1 DECLARATION OF E.RICK BUELL, Il IN SUPPORT OF PLAINTIFF'SOPPOSITIONS TO DEFENDANT'S MOTIONS TO COMPEL BUELL BERNER PAGE 17 O3/O1/2004 11:46 4154642812 (A;4;prenup] PRENUPTIAL AGREEMENT undersigned, herein referred to as “Husband” and “Wife”, are The marriage to each other in the near future. Each party has’ contemplating disclosed ta the other the nature, extent, and value of his or har substantially interests, including his or-her various present and potenti al investment property interests and his or her present and potential income from various sources, including without limitation his or her business and investment interests. WHEREAS, Husband and Wife desire and intend by this Agreement to fix and define their property rights after marriage, They intend that all property owned by either of them at the time of the marriage shall remain thereafter the separate property of the party who owns the property. They further intend that all additional property af any nature that either of them acquires after marriage shall be the ‘separate property of the acquiring party, and not community property. The parties further intend to avoid any interests that, except for the operation of this . Agreement, each of them might acquire in the property of the other as incidents of their marital relationship. The parties specifically intend that they will not acquire any community estate property after their marriage unless such property is clearly delineated as such in a writing signed by each. ‘This Agreement covers all interests in property whether located within or without the State of California. _ NOW THEREFORE, in consideration of their contemplated marriage and of their reciprocal agreements herein contained, the parties hereto agree as follows: 1. Separate Property and Income. Except as may be expressly provided otherwise herein or in or by a subsequent writing signed and dated by the parties making specific reference to this Agreement: (a) All real and personal property now owned by each of the parties is, and shall remain such party's separate property; and all propertyof every kind earned or otherwise acquired prior to said marriage also shall be the separate property of such party. itis the parties’ specific intent in entering into this Agreement that they do not intend to share in the property or earnings of the other which exist as of the date of their marriage, except ds otherwise expressly provided. (b) All income, issues, rents, profits, reinvestments, transmutations, Page lof 8 EXHIBIT Ar DOUGO279 PaGe 18 BUELL BERNER aa/els2oa4 11:46 4154642012 > SD {whether or not resulting from the personal ; accretions, appreciations and Increase of aither party) and which relate in any way to effort, skill, management or energies as of the date of their marriage shall be and the properties owned by either party and, In no event , shall any property now remain such party’s separate property; or any interest tharein, be or become comm unit y owned by either of the parties, property of the parties after their marriaga. (c) Each party acknowledges that earnings, income and appreciation in value personal services, skill, effort, management and wark of the resulting from the the marriage would ba community property , except that by acquiring party after such earnings and income which relates to the properties owned by this Agreement party as of the date of their marriage shall be the separate property of each sither such party; and each party waives any Tights and claims to receive any such earnings and income from the party acquiring said earnings and income. (d) Wife agrees that all property, including the earnings and income resutting from personal services, skill, effort, and work belong to Husband during the marriage, or acquired by or coming to Husband by purchase, gift, inheritance, or other means during the marriage, shall be the property of Husband and shall be subject to Husband's disposition as separate property, as Ifno marriage had been entered into. Wife acknowledges that except for this Agreement the earnings and income from the personal services of Husband during the marriage would be community property in which Wife would have a one-half interest, but that by this Agreement those earnings and income are made the separate property of Husband. (e} Husband agrees that all property, including the earnings and income resulting from personal services, skill, effort, and work belong to Wife during the marriage, or acquired by or coming to Wife by purchase, gift, inheritance, or other means during the marriage, shall ba the property of Wife and shall be subjact to Wife‘s disposition as separate property, as if no marriage had been entered into, Husband acknowledges that except for this Agreement the earnings and income from the personal services of Wife during the marriage would be the community property in which Husband would have 4 one-half interest, but that by this Agreement those earnings and income are made the separate property of Wife. (f) Each party expressly assumes and agrees to pay and shall indemnify and hold the other harmless from and against any and all debts or obligations of any kind whatsoever incurred by such indemnifying party both before and after date of marriage, Joint obligations must be clearly delineated as such in writing. (g) Without limiting the applicability of subparagraph {b) hereof, If either party shall, subsequent to said marriage, perform services for any corporation, trust, Page 2 of 8 POUGI280 Page 19 ERNER 11:46 4154642812 BUELL B : pafal/2084 7 TY entity in which he or she had an interest prior to said marriage partnership or other interest shall be attributable ta such services, and no no increase in value of such increased value shall be deamed to be community hol } part of such interest or any of the perfarmance of such servic es, and the whole property of the partie s because thereof shall be and remain that party's separate property. (h) With regard to any retirement, IRA, pension or profit sharing plan, Keogh Plan or any other retirement program, allsuch interest acquired prior to sald and after the marrlage, shall be and remain his of her separate property. marriage (i)The parties agree that they may occasionally use such expressions as “our property”, “our house” or “our bank account” when referring to property that is by the terms of this Agreement separate property. The parties further agree that they sometimes may commmingle separate and community property or may make statements or take-actions that are or appear to be inconsistent with the terms of this Agreement. Notwithstanding any of the above, the parties agree that this Agreement may be amended or.modified only as set forth herein and that the provisions of the Agreemant cantrol the status of such property. (i)The election, if any, of the parties after their marriage to file federal or state income tax returns on a joint form shall not constitute the creation of any community property or any other right or interest contravaning this Agreement. (k) Except as otherwise provided herein, all maintenance on the separate property of either party shall be paid from such party’s separate income. 2. Disclosure of Property. (a) At the time this Agreement is executed, Husband discloses and has listed in Exhibit A attached to this Agreement the property which he owns or in which he has-a beneficial interest or expectancy and ‘the axtent of that interest. ' {b} At the time this Agreement is executed, Wife discloses and has listed in Exhibit B attached to this Agreement the property which she owns or in which she has a beneficial interest or expectancy and the extent of that Interest, ({c} The parties hereto agree that such lists may contain general as well as. specific descriptions of sald items, Each party agrees that he or she is not entering, into this Agreement in rellance upon the exactness of the lists attached or in reliance upon the exactness of the values stated on such fists, but each party intends that such lists and values contained therein will be reasonably accurate. (dj) Each party acknowledges that ha or she has read Exhibits A and @: that Page 3 of 8 PAGE 26 BUELL BERNER 3/G1/204 11:46 4154642812 +) 4 Agreement frealy and voluntarily, and that he or she he or she is entering into this 5 understands the contents of this Agreement. Each party acknowledges having voluntarily and expressly waived in (a) to disclosure of the property and financial obligati ons of the other writing any right beyond the disclosure already provided, and that such written waiver was _ party made by an instrument executed prior to the execution of this Agreement. 3, Separate Property to Remain Separate. Excapt as may be specifically provided otherwise in this Agreement, or by a subsequent writing signed and dated by the parties, and making specific reference to this Agreement; ta) Husband and Wife agree that all property belonging to Husband at the commencement of the marriage, including the property set forth In attached Exhibit A shall remain his separate property, Husband shall have sole management and control over the property. and the property shall be subject to his disposition in the same manner as if-no marriage had been entered into. (b) Husband and Wife agres that all property belonging to Wife at the commencement of the marriage, including the property set forth in attached Exhibit -B shall remain her separate property. Wife shall have sole management and control over the property and the property shall be subject to her disposition in the same ) manner as if no marriage had been entered into. 4, Releases and Disclaimers. (a) Except for property acquired Jointly by the’ parties after the date of their marriage, each of the. partles hereby forever releases, disclaims, walves and relinquishes all rights, claims or interests which he or she might otherwise have on the death of the other subsequent to said marriage in or to the other’s estate under every applicable statute of succession and under every other law which would otherwise give to the survivor any of the following rights: (1} Community property rights; (2) The right to a family allowance and probate homestead; (3) The right or claims of dower, curtésy or any statutory substitutes provided by the statutes of the State of California or any other state in which the parties may die domiciled or in which they may own real property; (4) The right of election to take against the Will of the other and the right to a distributive share In the estate of the other should he or she die intestate: Page 4 of & pours PAGE 21 BUELL BERNER 11:46 AL54642012 + ase. /2ae4 5 declare a homestead in the other's separate property; and (5) Tha right to to act as administrator of the estate of the other. ) (6) The right pre-existing Trust, Will or Testament or any other instrument which (b) Any the estate of the other on death, shall remain in full force and shall not disposes of be revoked in whole ar in part by the ocourrence of the marriage. Each party waives the benefits of allprobate or similar statutes that might be in specifically revocation of Wills on marriage, including any found in existance with respect ta the California Probate Code and similar statutes in other jurisdictions. (c) Nothing contained in this Agreement shall affect the right of either party hereto to receive any legacy or devise or any other benefit expressly given by any Will of the other hereafter executed. However, the parties acknowledge that no representations or promises with reference ta the making of provisions by Will or Codicil for the other have been made by either to the other upon which either has relied in entering into this. Agreement. — 5. Creation of Jointly Owned Property. Notwithstanding any provisions of ' this Agreement to the contrary, the parties may, if they so agrée In writing, voluntarily hold property as their community property. The parties may also establish joint checking and/or savings accounts entitled “Husband and Wife as J their community property,” or any other title evidencing a similar Intent. Bach party Sos may, if he or she desires, contribute funds from time to time in his or her absolute discretion, neither party being required ta make any such contributions. In the event any such contributions are made, such contributions shall then be deemed to be.community property of the parties, and, except as provided for elsewhere in this’ Agreement, all property acquired from such funds and all proceeds, income, rents or profits therefrom or appreciation In value thereof shall be community property. 6, Community Funds Used to Fund Separate Property. Except as may be otherwise provided herain, anything in the foregoing Paragraph to the contrary notwithstanding, In the event community funds are used to fund improvements to the separate property of elther party, or in the event community property funds. are used, either partially or totally to acquire property held in the name of either party as his or her separate property, thento the extent such community property funds are so used, they shall constitute a charge against the separate property of the party in whom title to such property is vested, to be repaid, without interest upon the dissalution of the marriage, or upon the death of either party, In no event shall . the use of the community property be deemed to acquire an ownership interest In the property so acquired or improved, absent a written agreement so providing. , 7 Page 5 of 8 pOUG0283 PAGE 22 BUELL BERNER gael seeds 41:46 4154642812 7. Tax Returns. The parties are not yet aware whether they will file joint tax returns. In the event both parties agree, they may prepare joint federal and state income tax returns for any year for which the parties may legally file Joint returns. savings derived by Wife as a result of filing jointly with Husband shall be Any tax shared equally by the parties, 8, Family Residence. The parties intend te make their primary residence in real property currently owned by Husband. Husband shall pay all real property taxes and assessments, all mortgage payments, all insurance premiums, and all costs of maintenance on the residence, 9, Execution of Documents. Each party shall, on the request of the other or his or her heirs, executors, administrators, grantees, devisees, or assignees, take all steps, and execute, acknowledge and deliver to the other party all further instruments necessary or expedient to effactuate the purposes of this Agreement, including (but not by way of limitation), quitclaim deeds, disclaimers of interest or assignments required by third parties. Notwithstanding the failure of either party to execute any such instrument, this Agreement shall be in all respects operative as though said instruments were executed, 10. Househald Expenses. Wife shall contribute toward the household axpenses of the family residence for utilities, cleaning, food and household supplies, Unless the parties agree to the contrary in writing, Wife's contribution shall be a maximum of §500,00 per month as long as she lives in the residence, 11. Payment to Wife re Brandon Lee. Husband shall pay to Wife the sum of 450.00 per month for a period of Sixty (60) months for the benefit of Wife's Son, Brandon Lee, commencing Thirty (30) days after the marrlage is consummated. 12. Representation by Counsel/Attornays Fees, (a) Each of the parties acknowledges that he or she has been represented in the negotiations for, and in the preparation of, this Agreement by counsel of his or her own choosing: that he or she has read this Agreement and has had its contents fully explained to him or her by such counsel, and is fully aware of the contents hereof; and each party has or will compensate his or her own attorney; and (b) Neither party shall seek an award of attorney's fees under California's Family Law Act or other law in the event that either files for dissolution of marriage. (b) Each of the parties acknowledgas that no representations, covanants or warranties, elther express or implied, have been made to him or her and that this Agreement ts entered into freely and without any representation or promise by the other which [s not set forth herein. Page 6 of 8 Powis PAGE 23 BUELL BERNER 11:46 4154642812 aayal/20ed 13. No Oral Agreements. Each of the parties acknowledges that there are no ‘5 oral agreements between the parties made at any time prior to the date. of this Agreement, and each of the parties specifically waives and relinquishes any and all rights and claims which he or she may presently have or which may have existed at any time prior to the date of this Agreement arising under any legal principles announced, established or implied under any legal decision. This Agreemen t shall become effective only upon the contemplated marriage of the parties, 14, Children. Wife has a child named Brandon who has reached the age of majority. Husband has a child named Brian who was born on January 1,1991. 15. Binding on Heirs and Assigns. This Agreement shall bind the parties hereto and their respective heirs, successors, executors, administrators, assigns and legal representatives. 16. Modification. This is the entire agreament between the parties, and may be modified, alteréd or amended only by an agreement in writing, signed and dated by each party. If to any extent or for any period of time any. provision of this Agreement is determined to be invalid or unenforceable, such Invalidity or unenforceability shall not affect the validity or enforceability of such provision for any other period of.time, nor the validity or enforceability of any other provision. 17. Counterparts. This Agreement may be executed in any number of counterparts, any one of which shall be deemed the.original. 18. Alternative Living Arrangement in the Event of Petition for Dissolution or Death. In the event the parties are residing in Husband’s home and either party petitions for divorce, the Wife shall vacate the home within 60 days after filing of the Petition. In the event Husband dies, Wife shall vacate the home within 100 days after Husband’s death. ; Dated: (0 -$-- OO A horce Loe Lae Gwendolyn Rowe-Lea ‘olay log : nip Dated; ; Sykes Page 7 of & ‘DOUG0285 PAGE 24 BUELL BERNER 4154b4 2812 a3/81/ 2884 11:46 “) | » ATTORNEY’S GERTIFICATION (WIFE) The undersigned hereby certifies that he (sha) is an attorney duly licensed and admitted to practice in Callfornia; and has been employed and compensated by Wife, and has advised and consulted with Wife in connection with property rights and has fully explained to her the legal effect of the foregoing Agreement and the effect which ithas upon her rights otherwise obtaining as a matter of law; that Wife, after being fully advised by the undersignad, acknowledges to tha undersigned that she understands the legal etfects of the foregoing Agreement and executed the same freely and voluntarily in the presence of the undersigned. Date: CSL / gOOP ATTORNEY’S CERTIFICATION (HUSBAND) The undersigned-hereby certifies that he (she) is an attorney at law duly licensed and admitted to practice in the State of California; and has been employed. by and compensated-by Husband; that he (she) has advised and consulted with Husband in connection with his property rights and has fully explained to him the — legal effect of the foregoing Agreement and the Effect which it has upon his rights otherwise obtaining as a matter of law; that Husband, after being fully advised by the undersigned, acknowledges to the undersigned that he understands the legal -effects af the foregoing Agreement and Husband executed the same freely and voluntarily in the presence of the undersigned. Date: Lideber oie Abo heigl Page 8 of 8 DOUGI286