Courthouse Confidential

Courthouse Confidential
Real separation agreements from

NORTH CAROLINA
Raleigh - Durham - Charlotte
FROM LEE ROSEN
Thanks for downloading "Courthouse Confidential". I
know that you'll find it helpful when working on your
own agreement. I went searching through the court-
house records in North Carolina for agreements that
covered a wide variety of issues and served as good
examples for someone who wants to do this on their
own. But I didn't stop there.
Sifting through more than 300 pages of agreements,
while very informative, is quite a chore, so I've made all of the documents here
text-searchable. This means that you can use the search function in your PDF
reader to look for the terms most relevant to your situation.
Maybe you want to know what kind of language others have used when specify-
ing who gets the vehicles, or how a 401k will be handled. Just type it in your
search box and you will see where it appears in the agreements.
The divorce process often seems like a mystery. That's no accident, it's what gives
divorce attorneys job security. I've been practicing for more than 20 years and I've
always been shocked that so many lawyers try to keep information about the
process in a "black box" and then charge you an hourly fee for the "privilege" of
picking their brains.
I believe that the more information you have, the better your decisions will be,
and these are some of the most important decisions you will ever make. The last
thing you need right now is more confusion.
Lee Rosen
TABLE OF CONTENTS
Abney..................................................................................................................4
Argaw................................................................................................................25
De Leon.............................................................................................................48
DePaz................................................................................................................68
Dingler...............................................................................................................88
Flanagan..........................................................................................................106
Meliones..........................................................................................................130
Belk..................................................................................................................154
Carter................................................................................................................190
Efaw.................................................................................................................209
Klemack...........................................................................................................227
Sutton..............................................................................................................263
Johnson...........................................................................................................282
McClellan........................................................................................................307
Morecraft.........................................................................................................324
Rigby................................................................................................................347
Robertson........................................................................................................372
Andrews..........................................................................................................390
Curnow............................................................................................................411
Hopkins...........................................................................................................433
Mitchell............................................................................................................451
Thompkins......................................................................................................479
Durham County
ABNEY
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FOR
OF DEEDS
, PM
BK : 5658 PG 615-634 FEE: $68 . 00

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NORTH CAROLINA CONTRACT OF SEPA,RATION AND
"
PROPERTY SETTLEj'/lENT AGREEMENT
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DURHAM COUNTY
. I. THIS CONTRACT OF SEPARATION AND PROPERTY SETTLEMENT AGREEMENT

by and between Risa Williams, Abney (hereinafter referred to as "Wife") a citizen and
resident of Durham County, North Carolina, and Derik Lee Abney (hereinafter referred to as
"Husband"), a citizen and resident of Durham County, North Carolina ("Husband" and
"Wife" collectively are also sometimes referred to hereinafter as "Parties"), and shall become
effective as of the date that it has been executed by each party hereto. r;;,

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WITNESSETH: b" .... \.aM, ilL :2 '111 L.
2. WHEREAS, the parties were married on or about May 11, 1991 and are presently husband
and wife;
3. WHEREAS, there were two (2) minor children born to the marriage of the parties to wit
Derik Javon Abney, date of birth being December 21,1993 and Jada Nicole Abney, date of
birth being July 21, 1998;
4. WHEREAS, in consequence of disputes and unhappy differences, the parties separated on or
about May 28, 2006;
5. WHEREAS, the parties desire to confirm their separation in writing and provide in
connection therewith for a final settlement of all marital and property rights;
6. WHEREAS, each of the parties is over the age of eighteen (18) years and is under no legal
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disability; and
7. WHEREAS, in consideration of the premises and the mutual promises and agreements
contained herein, and for other good and .valuable consideration, the receipt of which is
hereby acknowledged, these parties stipulate, agree and covenant one with the other as
follows:
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GENERAL PROVISIONS
8. SEPARATION. Husband and Wife shall in the future live separate and apart wherever and
with whomever he or she may wish.
9. EMPLOYMENT. Each of the parties hereto may engage in any employment he or she may,
choose.
10. RIGHT TO CONTRACT. The parties hereto may contract as though they had never been
married.
11. INTERFERENCE. Each party shall be free from interference and control, direct or indirect,
by the other. Neither shall molest nor harass the other.
12. SUBSEQUENT DIVORCE. Either party can divorce the other on no-fault grounds. The
rights and obligations under this Agreement shall survive any divorce.
13. MUTUAL RELEASE. Subject to the provisions of this Agreement, each party has released
and discharged, and by this Agreement does for himself or herself, his or her heirs, legal
representatives, executors, administrators and assigns, release and discharge the other of and
from all causes of action, claims, rights or demands, whatsoever, at law or in equity, which
either of the parties ever had or now has against the other, known or unknown, except the
cause of action for no-fault divorce; in addition, subject to the provisions of this Agreement,
each party does hereby waive, .release, renounce and relinquish forever any marital interest or
right of any type in either real or personal property owned by the other party.
14. ADDITIONAL INSTRUMENTS. The parties, as necessary, shall execute, acknowledge and
deliver to the other any further instruments reasonably required to give full force and effect
to the provisions of this Agreement.
15. SALE OF PROPERTY. In the event of the sale, transfer or conveyance of any real or
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personal property now owned or hereafter acquired by either party, if either party to this
Agreement is called upon to execute a deed, conveyance, bill of sale, or other instrument
conveying property, then that party will sign any such instrument which may be reasonably
requested or reasonably necessary to perfect title in the grantee of the property which is
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s5JUght to be conveyed. Subject to the provisions of this Agreerr,ent, the parties agree to any
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conveyance of property, real or personal, by the other and such conveyance of property may
be made by each party without the further consent or approval of the other. The party not in
possession or not in control of the property being conveyed shall not be required to make any
warranty to the grantee.
16. FREE TRADER. Except .as otherwise provided herein either party may at any time
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hereafter acquire, possess, encumber, transfer, conveyor otherwise deal with any and all
classes of property real or personal, tangible or intangible, or mixed, whether now owned or
possessed, or hereafter acquired, by either of them, without the joinder of the other party and
with the same force and effect as if they were unmarried. It is agreed that all persons dealing
with the parties may rely upon this Agreement as containing all of the provisions necessary
to the parties being authorized to acquire, hold, manage, transfer, and convey their property
without the knowledge or consent or joinder of the other spouse.
17. AMENDMENT. This Agreement may be amended only by further written agreement
executed in accordance with North Carolina General Statute 52-10.1.
18. SITUS. This Agreement shall be construed and governed under North Carolina law.
19. ADDRESS OF PARTIES. Each party shall, at all times, keep the other infolllled of his or
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her place of residence and telephone number and shall promptly notify the other of any
change and give the address of the new place of residence and telephone number, so long as
either party has obligations under this Agreement.
20. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties
and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
21. BINDING EFFECT. Except as otherwise stated herein, all the provisions of this
Agreement shall be binding upon the respective heirs, next of kin, executors, administrators
and assigns of the parties.
22. ENFORCEMENT. That if either party fails in the due performance of his or her obligations
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hereunder, the non-breaching party r:all have the right to bring suit for specific performance
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of this Agreement, and/or for monetary damages, and the breaching party shall pay the costs
of any such legal proceeding, including reasonable attorney's fees, anything herein to the
contrary notwithstanding,
23, RESERVATION OF RIGHTS. The failure of either party to take advantage of any default
or violation of the covenants and conditions of this Agreement on the part of the other shall
not constitute a waiver thereof or relinquishment of the right to require strict perfonnance by
the other party. Nor shall any custom or practice which may develop between the parties in
the course of performance of this Agreement be construed to waiver or lessen the right of
either party to insist upon compliance with the provisions hereof by the other.
24, PARTIAL INVALIDITY. If any provision of this Agreement is held to be invalid or
unenforceable, all other provisions shall nevertheless continue in. full force and effect.
25, JURISDICTION. Each party hereby submits himself or herself to the jurisdiction of the
Courts of the State of North Carolina in any future action brought by either party to enforce
the provisions of this Agreement.
MARITAL RIGHTS SETTLEMENT
26, REAL PROPERTY. The parties are presently owners as tenants by the entirety of that
house and lot located at 1509 Oak Forest Drive, Hillsborough, NC 27278, in Durham
County, North Carolina, which said property, shall hereinafter be referred to as "the
residence. ".
27. Upon execution of this Agreement, Husband shall be entitled to exclusive use, possession,
and ownership of the residence. It is further understood and agreed that Husband will assume
full responsibility for the property and agrees to make the monthly mortgage payments, pay
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the escrow amounts for hazard insurance and property taxes and to pay all insurance and
property taxes incurred in connection with said property.
28. Husband shall refinance the house within ninety (90) days of the execution of this Agreement
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and reniove Wife's name from any and all indebtedness associated with the residence and
pay to Wife $15,000.00 for her share of the equity in the residence. Husband further agrees to
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indemnify and hold Wife harmless from any and all debt or liability associated with the
residence That both parties agree to cooperate to execute any and all documents necessary to
effectuate the transfer of this property and that Wife agrees upon execution of this Agreement
to sign a Quitclaim Deed or Non-warranty Deed transferring all of her title or ownership in
said residence to Husband and Wife waives any interest in the residence and residence shall
be Husband's sole and separate property.
29. OTHER REAL PROPERTY: That Husband and Wife acknowledge that Wife has separate
property, which includes a house and loton Lloyd Street. That Husband and Wife agree that
said residence on Lloyd Street shall continue to be Wife's sole and separate property free
from any claim, right or title by Husband and Husband waives any interest in said property to
Wife. That Husband agrees to sign any and all documents necessary to transfer title of the
Lloyd Street residence to Wife upon the execution of this Agreement.
30. That Husband and Wife further agree that there is a Berkley Group home which is Husband's
separate property and Husband and Wife agree that Husband shall be allowed to keep the
Berkley Group home located at 1229 Berkley, Durham, NC 27705 as his sole and separate
property free from any claim, right or title by Wife. That Wife waives any interest in the
Berkley Group home and property and that Wife agrees to sign any and all documents
necessary to transfer title of said group home and residence to Husband upon execution of
this Agreement.
31. That the parties further stipulate and agree that they have rental property located at 1206 Ellis
Road, Durham, NC; 1202 Ellis Road, Durham, NC; and 511 Dunbar Drive, Durham, NC.
Upon execution of this Agreement Husband shall be entitled to exclusive use, possession,
and ownership of these three (3) rental properties as his sole and separate property. It is
further understood and agreed that Husband will assume full responsibility and liability for
the property and agrees to make the monthly mortgage payments and pay the escrow
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amounts for hazardous insurance and p r p ~ r t y taxes and to pay all insurance and property
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taxes in current connection with said rental property. That Husband shall refinance these
properties within ninety (90) days of the execution of this Agreement and remove Wife's
name from any and all indebtedness associated with said properties. That Husband further
agrees to indemnifY and hold Wife harmless from any and all debt or liability associated with
the rental properties. That Wife agrees to sign any and all documents necessary to effectuate
the transfer of these properties upon the execution of this Agreement.
32. PERSONAL PROPERTY. In settlement, adjustment and compromise of all personal
property questions and rights between the parties, they covenant and agree that their property
shall be divided as follows.
33. A.) Automobiles. Wife is entitled to exclusive use and possession of that certain
1996 Acura presently titled in s name. Husband relinquishes any and all
I.
interest he has in said vehicle to Wife upon execution of this Agreement. Wife agrees to
assume any and all liability associated with said vehicle. Wife shall indemnifY and hold
Husband harmless from any and all liability associated with said vehicle and shall be
responsible for any liens, taxes, loan payments, and other costs.
34. Husband is entitled to exclusive use and possession of that certain 2002 Cadillac Escalade,
1992 Nissan 1600 NX, and 1995 E-250 Work Van presently titled in Husband's name. Wife
relinquishes any and all interest she has in said vehicles to Husband upon execution of this
Agreement. Husband agrees to assume any and all liability associated with said vehicles.
Husband shall indemnifY and hold Wife harmless from any and all liabilities associated with
said vehicles including liens, taxes, loan payments or other costs associated with said
vehicles.
35. Each party agrees to indemnify and hold the other harmless from all liability arising by
reason of their separate operation of any of the aforesaid vehicles. The parties shall obtain
liability insurance in their separate names for their respective vehicles and shall pay such
premiums on said policies as they become due. Both Husband and Wife shall each sign any
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and all documents including titles necessary to transfer title of the vehicles as c\irected in this
Agreement upon execution of this Agreement.
36. B) Specific Personality. Husband and Wife agree that Wife shall be allowed to keep
as her sole and separate property any and all personal property currently in her possession
and that Husband waives any and all rights to all items currently in Wife's possession.
37. Husband and Wife agree that Husband shall be allowed to keep as his sole and separate
property any and all personal property currently in his possession and that Wife waives any
and all rights-to all items currently in Husband's possession.
38. C) Bank and/or Financial Accounts. It is mutually agreed that each party shall
retain all right, title and interest in and to any checking accounts, savings accounts,
certificates of deposit, savings bonds, and any and all other deposits or accounts in their own
names and that each waives any interest in the other's accounts.
39. All items of property hereinabove allotted to each of the respective parties shall be owned,
held and enjoyed by said party independently of any claim or right of the other with full
power to dispose of the same as fully and effectively, in all respects and for all purposes, the
same as if he or she were unmarried. The parties agree to execute any and all papers and
instruments in writing if, as and when such execution shall be necessary in order to effectuate
the express provisions hereof.
40. The parties each acknowledge that the remainder of their _personal property not specifically
mentioned herein has been orwill be divided between the parties to the satisfaction of each;
that this Agreement shall constitute a bill of sale for air property, whether specified or not;
and that each party does hereby transfer and assign all right and interest in all property
reserved by the other.
41. D) Intangible Assets. Husband and Wife agree that each party shall retain as their
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sole and separate property any and all life insurance policies in which they are the title owner
as their sole and separate property and that each party waives any interest in the other's life
insurance policies. Both Husband and Wife agree that each shall be allowed to change the
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beneficiary of their life insurance policies as each ~ ~ m s fit.
42. PRESENT OUTSTANDING DEBTS. It is mutually agreed that each of the parties shall be
solely responsible for any and all payments due on the debts set out in the following
subparagraphs. Each of the parties expressly agrees to make all payments due on such debts
as are assumed by himlher in a timely marmer, and recognizes that late payment of such
debts by himlher may result in damage to the credit-worthiness of both parties.
43. DEBTS ASSUMED BY WIFE. The following debts shall be assumed and paid solely by the
Wife: a) all debts currently in Wife's name individually; b) all debts incurred by Wife since
the parties separated; and c) any and all debt on Wife's vehicles or any real property that is
. being granted to Wife.
44. DEBTS ASSUMED BY HUSBAND. The following debts shall be assumed and paid by the
Husband: a) all debts currently in Husband's name individually; b) all debts incurred by
Husband since the parties separated; c) all debts encumbering and liabilities attached to real
property described herein, including the mortgage on 1509 Oak Forest Drive and including

the CitiFinancial Debt of approximately $12,500.00
45. PA YMENT OF DEBTS AND INDEMNIFICATION. Except asmay be set out hereinabove
or elsewhere in this Agreement, each party shall assume full responsibility for all payments
on loans or debts incurred by that party, together with all of those debts assumed by that
party pursuant to sections above. The Husband covenants that he has not incurred any
liability or indebtedness except that referred to herein, for which the Wife shall have any
financial responsibility, and that he will indemnify, save and hold the Wife harmless from
any obligation, which he has incurred or assumed herein. The Wife covenants that she- has
not incurred any liability or indebtedness except that referred to herein, for which the
Husband shall have any financial responsibility, and that she will indemnify, save and hold
the Husband harmless from any obligation, which she has incurred or assumed herein. In the
event that either party should fail to pay any of the debts he has agreed to pay hereinabove, or
should such party be so late in paying any such debt as to impair his or her credit ratings, and
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such non-payment or 18te payment should have the potential to effect the credit-worthi\less of
the other party, the innocent party, at his or her sole and only discretion and option, shall
have the right to pay such debt in a timely manner and to obtain indemnification from the
breaching party for any such payments made. In such case, the innocent party shall be
entitled to recover from the breaching party any and all damages incurred or suffered,
including interest at the rate of 8% per annum on services paid for the other party from the
date paid, all such sums paid by said innocent party on behalf of the breaching party, and
reasonable attorney's fees for any actions taken to enforce the provisions of this paragraph.
Nothing contained herein should be in any way construed to permit or allow either party to
delay or default in making payments agreed to be made hereinabove, nor does the payment of
any such debt or debts by the innocent party in any way discharge the breaching party from
the obligation to pay all such debts.
46. FUTURE DEBTS. From and after the date of separation, neither party shall charge or
permit to be charged to or against the other any purchase or purchases either of them may
hereafter make, and shall not hereafter create any engagements or obligations in the name of
or against the other, and shall never thereafter secure or attempt to secure any credit upon or
in connection with the other, or in his or her name, and each of them will promptly pay all
debts and discharge all financial obligations which each may incur for himself or herself, and
each of them will hereafter hold the other free and h armless from any and all debts and other
obligations which the other may incur.
47. RETIREMENT BENEFITS. That Husband and Wife do presently have a retirement and/or
profit sharing plans with their respective employers. That Husband and Wife agree that Wife
shall be allowed to keep her State retirement and 401(k) as her sole and separate property
free from any claim, right or title by Husband and that Husband waives any interest in Wife's
retirement. That the parties further agree that Husband has a pension from the State as well as
a 40 I (k). That Husband and Wife agree that Wife shall be entitled to $15,000 from
Husband's 401(k) as her share of Husband's retirement that was acquired from date of
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marriage to date of separation. That Husband and Wife further agree that Wife shall be
entitled to $15,000 from his 401(k) plus any interest or losses thereon from the party's date
of separation to the date of distribution. That V,'ife shall be responsible for securing an
od l..ll'< l)LA
attorney to prepare the Qualified Domestic Relations Order to divide Husband's 401(k). That
in addition, Husband and Wife agree that Wife shall be entitled to $20,000 from Husband's
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pension with the State of North Carolina. That Husband and Wife agree that the remainder of
Husband's pension shall be Husband's sole and separate property free from any claim, right,
or title by Wife. That
Order transferring to
secure (Ill attorney to prepare a Qualified Domestic Relations
Q.."'''' j)l.f)
her $20,000 from Husband's State pension plan and that Husband
agrees to provide any and all documents necessary in order to prepare those Qualified
Domestic Relations Orders. That the remainder or balance of Husband's retirement not
divided to Wife shall be Husband's sole and separate property free form any claim, right or
title by Wife.
48. FURTHER RELEASES. Husband, in consideration of the mutual stipulations and
agreements herein and, except as otherwise set forth, does hereby give, grant, bargain, sell,
convey, release, set over, and quitclaim unto Wife, her heirs and assigns forever, the right to
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administer the Estate of Wife, all and every right of courtesy and all, each and every right or
rights, interest or interests, Estate or Estates, whatsoever which he now or may hereafter
have, including any and all rights of inheritance, dissent and distribution arising out of the
marital relationship in and to any and all property owned by Wife or acquired by her, and
each and every right, interest and Estate whatsoever which he has heretofore acquired or may
hereafter acquire in and to any property which Wife now has, owns, or has an interest in, as
well as for any rights, interests, titles and estates whatsoever in any and all property, whether
real or personal, which Wife may acquire or become the owner of or obtain an interest in.
Husband covenants that he will not at any time in the future make any claim to any interest or
Estate whatsoever to any property, whether real, personal or mixed, which Wife now owns or
may hereafter acquire, and he does hereby consent to the sale, transfer, conveyance,
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alienation and encumbrance by Wife to any and all property now owned or hereafter acquired
by Wife in her own name or a joint tenants with any other person.
49. Wife, in consideration of the mutual stipulations and agreements herein and, except as
otherwise set forth, does hereby give, grant, bargain, sell, convey, release, set over, and
quitclaim unto Husband, his heirs and assigns forever, the right to administer the Estate of
Husband, all and every right of courtesy and all, each and every right or rights, interest or
interests, Estate or Estates, whatsoever which she now or may hereafter have, including any
and all rights of inheritance, dissent and distribution arising out of the marital relationship in.
and to any and all property owned by Husband or acquired by him, and each and every right,
interest and Estate whatsoever which she has heretofore acquired or may hereafter acquire in
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and to any property which Husband now has, owns, or has an interest in, as well as for any
rights, interests, titles and estates whatsoever in any and all property, whether real or
personal, which Husband may acquire or become the owner of or obtain an interest in. Wife
covenants that she will not at any time in the future make any claim to any interest or Estate
whatsoever to any property, whether real, personal or mixed, which Husband now owns or
may hereafter acquire, and she does hereby consent to the sale, transfer, conveyance,
alienation and encumbrance by Husband to any and all property now owned or hereafter
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acquired by Husband in his own name or a joint tenants with any other person.
50. EQUITABLE DISTRIBUTION. The property settlement as provided herein is the act of
Husband and Wife in equitably dividing their property as provided under North Carolina
General Statute 50-20(d). Each releases the other from any further claim which would or
might arise in favor of either under North Carolina General Statute 50-20, or any other state
or federal law involving division separate, marital or divisible property owned by the parties.
51. TRANSFERS OF PROPERTY INCIDENT TO DIVORCE. The parties hereto agree: (i)
that the transfer of property hereunder is related to the divorce; (ii) that the transfer of
property hereunder is a transfer incident to divorce and is related to the cessation of the
marriage; (iii) that the intent and purpose of this Agreement is for the transfer of property
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h ~ r e u n e r to be tax free pursuant to Section 1041 of the Internal Revenue Code and the
applicable provisions of North Carolina Law and for no gain or loss to be recognized by
either party as a result of such transfer; (iv) that the parties shall file a formal election, if
necessary, or otherwise take such actions as may be required by applicable provisions of the
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state or federal income tax laws and regulations to give full force and effect to the aforesaid
intent and purpose.
CUSTODY AND SUPPORT PROVISIONS
52. CUSTODY. After a thorough review of the interest, abilities and desires of the parties, and
with careful consideration given to the best interests of the children, the parties agree that it is
in the best interest of the minor children that Wife and Husband share joint legal and physical
custody. That the parties agree to share and are currently sharing physical custody on a one-
week/one week basis. In the event either party has a job change that renders this arrangement
no longer feasible, the parties agree that if they carmot reach an agreement on custody that
they will both attend mediation to try to resolve any issues of custody and visitation before
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filing any action in Court. In the event the parties cannot reach an agreement in mediation a
Court shall then revise the schedule as it deems proper
53. The parties shall follow the holiday schedule set out below:
a. Thanksgiving is defined as from the Wednesday after school before Thanksgiving
until the Sunday following Thanksgiving at 7:00 pm. Wife shall have
Thanksgiving on even numbered years. Husband shall have Thanksgiving on odd
numbered years.
b. Wife shall be entitled to visitation with the children from 6:00 pm on December
22 until 6:00 pm on December 24th on even numbered years and Husband shall be
entitled to visitation during the same time on odd numbered years. That from 6:00
pm on December 24th until 6:00 pm on December 26 Wife shall be entitled to
visitation with the minor children on odd numbered years and Husband shall be
entitled to visitation during the sametiine frame on even numbered years.
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c. Easter shall be defined [,;,m 9:00 am on Good Friday until 7:00 pm on Easter
Sunday. That Wife shall be entitled to Easter on odd numbered years and
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Husband shall be entitled to Easter on even numbered years.
d. The minor children shall always be with Wife from 9:00 am to 6:00 pm on
Mother's Day.
e. The minor children shall always be with the Husband from 9:00 am to 6:00 pm on
Father's Day each year.
f. Both parties shall be allowed to share time with the children on their birthdays
and that each party shall be allowed at least two (2) hours on each child's
birthday.
g. All holiday and summer visitation shall supercede any regularly scheduled
visitation and custody.
54. WELFARE OF THE CHILD. Husband and Wife shall consult together frequently in
an effort to agree concerning the general health, welfare, education, and development of the
minor child to the end that they adopt a hallnonious policy in regard to the child's
upbringing insofar as possible. Neither party shall attempt or condone any attempt, directly
or indirectly, to estrange the child from the other part or to injure or impair the natural love
and affection between the parent and the child. The parties shall, at all times, encourage
and foster in the child sincere respect and affection for both parents. Each party shall
immediately advise the other as to any emergency, serious illness or other major
development with respect to the child. Each parent will be entitled to immediate access
from the other, or third party, to records and information pertaining to the minor child
including, but not limited to, medical, dental, health, school, or educational records. Each
party shall be entitled to speak with the minor child by telephone at reasonable times and
intervals when the child shall be with the other party.
55. SUPPORT OF THE MINOR CHILD. It is understood and agreed that both parties have
a moral and legal obligation and responsibility to support their minor children. In
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recognition of that responsibility, the parties, after a careful review' of their respective
financial positions, have agreed that no child support is currently required to be paid by
either party in light of the joint physical custodial situation.
56. HOSPIT ALIZA TION INSURANCE. So long as Husband is able and so long as
Husband in employed, he will maintain, pay for, and keep in force a policy of medical and
hospitalization insurance for the minor children .. Husband and Wife shall share equally any
and all unreimbursed medical expenses to the extent not covered by said policies of
insurance until the minor children reaches the age of eighteen (18) or graduates from high
school whichever occurs last.
57. DEPENDENCY EXEMPTION and DA YCARE CREDIT. Husband and Wife agree
that Husband and Wife shall share the tax dependency exemptions and daycare credits
equally in light of their joint physical custody. That Husband shall be allowed to claim
Derik lavon Abney as a dependency exemption and for any and all daycare credit for tax
purposes each year and Wife shall be allowed to claim lada Nicole Abney as a dependency
exemption and for any and all daycare credit for tax purposes. That Husband and Wife
agree that once Husband can no longer claim Derik lavon Abney the parties will then
alternate the exemption for lada.
58. SUPPORT AND MAINTENANCE OF SPOUSE. Each spouse hereby acknowledges
that he or she is not dependent upon or in need of support and maintenance from the other,
and each party hereby waives all claims and demands against the other for support,
maintenance, and alimony, both post-separation spousal support, and permanent alimony,
including allowances for attorney's fees and suit money which he or she or may hereafter
have or may in anyway be or become entitled to by reason of marriage, it being understood
that this settlement is a total and complete release of each party by the other of all matters
and charges whatsoever except as set forth herein.
59. MEDICAL INSURANCE FOR SPOUSE. That each party shall be responsible for
providing their own health insurance coverage.
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60, RELEASE OF SPOUSE AS ENDORSER ON OBLIGATIONS. Wife shall, on or before

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the execution of this Agreement, undertake to release Husband of all endorsements and
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obligations entered into by him on her behalf in relation to the execution or endorsement of
any promissory notes or other obligations now outstanding whereby Husband was in fact
only an endorser or guarantor of any such obligations, whether the same was signed by him
or as joint maker or more expressly as guarantor or endorser, and Wife shall, at all times,
indemnifY him against such endorsements and obligations. Husband shall, on or before the
execution of this Agreement, undertake to release Wife of all endorsements and obligations
entered into by her on his behalf in relation to the execution or endorsement of any
promissory notes or other obligations now outstanding whereby Wife was in fact only an
endorser or guarantor of any such obligations, whether the same was signed by her or as
joint maker or more expressly as guarantor or endorser, and' Husband shall, at all times,
indemnifY her against such endorsements and obligations.
61. FULL DISCLOSURE. Each party to this Agreement has been advised by his or her
,
respective counsel of his or her right to compel Discovery and inspection of the business
and personal financial books and records of the other party and of his or her right to have
accountants, appraisers and others investigate, appraise and evaluate any or all of the
tangible or intangible personal property and business assets of the other. Each party has
specifically waived the further exercise of these rights and has, instructed his or her attorney
not to take any further measures, themselves or through others, with respect to Discovery,
inspection, investigation, appraisal or evaluation of all such property and assets of the other
party. The decisions on the part of the party not to exercise further rights of disclosure are
based upon the acknowledgment by each party that he or she is entirely satisfied with the
disclosure as presently made of the financial circumstances of the other party 'hereto
including, but not limited to, income, income potential, marital and separate property of the
other party, and all other aspects of the present and prospective financial circumstances of
the other party.
15
62. LEGAL REPF;ESENTATION BY COUNSEL. The Husband has retained Attorney Ann M.
Credle and has consulted with said attorney with respect to the protection of his interests in
the negotiation and preparation of this Separation Agreement and Property Settlement.
Wife has retained Attorney Laura Irwin and has consulted with said attorney with respect
to the protection of her interests in the negotiation and preparation of this Separation and
Property Settlement Agreement.
63. CONVEYANCES UNDER DEED OF SEPARATION. The parties further hereby agree,
subject to the provisions of this Agreement, that each party may henceforth acquire, hold,
manage, alienate, lease and convey his or her property without the other party's knowledge,
further consent or joinder in accordance with the provisions of North Carolina General
Statute 39-13.4 just the same as if the party had never been married to the other, and further
does hereby release, relinquish and renounce any and all right to administer upon the
other's Estate.
64. RECONCILIATION. In the event of recQnciliation and resumption of the marital
relationship between the parties, the provisions herein of settlement and disposition of
property rights and other rights shall remain valid and shall continue in full force and effect
without abatement of any term or provision thereof, except as otherwise provided by
written agreement duly executed by each of the parties after the date of reconciliation .
. 65. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect are
fully understood by the parties, and each party acknowledges that this Agreement is fair
and equitable; that it is being entered into voluntarily; and that it was not the result of any
duress or undue influence.
66. INCORPORATION OF AGREEMENT. This Agreement shall be incorporated into a
final Decree of Divorce.
67. TAX RETURNS. Husband and Wife shall decide by December 31, 2007 whether or not
they decide to file joint or separate. Failing a written agreement, the parties will file
separate income tax returns. Any tax refund for the tax years the parties filed jointly shall
16

- .
. ,
be evenly divided between the parties. Any tax liaL'ility to be paid for the years the parties
filed jointly shall be equally divided between the parties.
68. In the event of an audit of any of the parties' joint tax returns, the parties agree to cooperate
with one another in responding to any questions .on issues raised regarding the same. Each
party shall be responsible for, and shall defend, indemnity, and hold the other harmless of
any additional taxes owed on their respective incomes, or on any deductions or allowances
related to their individual incomes. The parties agree that any and all property transfers
between the parties shall be treated in accordance with the Tax Reform Act of 1984.
69. DEFAULT/ATTORNEY'S FEES, Should either party default in performance of any
obligation to pay money or transfer other things of value which such party is required to
payor transfer hereunder, and such default continues for fifteen (15) days after written
notice of the default is sent to him or her, then in any action commenced by either party in
which it is judicially determined that the defaulting party is in default, the defaulting party
shall pay to the other party the attorney's fees reasonably incurred by such other party in
connection with the action. Likewise, should it be determined that there was no default, the
defending party shall be awarded attorney's fees reasonably incurred by the party in defense
of the action.
70. STATUTE OF LIMITATIONS, This Agreement is executed under seal, and either party
may institute action against the other party to recover damages or specific performance for
breach of any provision hereof at any time within a ten (10) year period next following the
date of the breach of the contract.
71. CAPTIONS, The captions and headings of the paragraphs of this Agreement are for
convenience only and are not to be used to interpret or define the provisions thereof.
. 72. COUNTERPARTS, This Agreement may be executed simultaneously in one or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
73. RECORDATION. The parties agree that this Agreement shall not be recorded; however,
17
,
, ,
if recordation is nece:;sary, a memorandum hereof shall be executed by either party upon
. .
request by the other party, and may be recorded in any recording office at any time. No
such memorandum of agreement shall contain the details or financial provisions of this
Agreement, except as otherwise specifically agreed upon by the parties.
,
74. INTERPRETATION. No provision of this Agreement shall be interpreted for or against
any party because that party, or the party's agent or legal representative, drafted the
agreement of the particular provision, and that parties hereby unconditionally waive such
defense or claim regarding this Agreement. This stipulation may be used in Court
regarding any claim or defense based upon this Agreement.
75. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals to this
Agreement, in duplicate originals, one of which is retained by each of the parties the day
and year written below.
This the /6-1 b day of ~ n e 2007
This the \ '5 + h day of T lA "e.., ,2007.
18

,vA 41"""'-----' ; ...---..-,
illiams Abney
'Cl...
Derik Lee Abney
.. ,
NORTH CAROLINA
--'D""U""r'-!h!-<(I"-.!f'Yl'-'---__ COUNTY
Sworn to (or affinned) and subscribed before me this day by
1{, sa flbn(! " . I have personal knowledge of the identity of
the principal; 0 I have slen satisfactory evidence of the principal's identity, by a current
state or federal identification with the principal's photograph in the form of a
---,_:--:--______ ; 0 a credible witness has sworn to the identity of the
principal.
Signat e of Notary
rna RtoaFl.eT !YJ. tuJlITU, Notary Public
Print or Type Name of Notary
My Commission Expires:.:oI'a-J" Iv 0/..010
7
. Sworn to (or affinned) and subscribed before me this day by
'De,qll< L"e /}bn f tI . 0 I have personal knowledge of the identity
of the principal; G}r !fave seen satisfactory evidence of the principal's identity, by a
current state or federal identification with the principal's photograph in the fonn of a
Ne D m v' I. 'e e J1 5 e ; 0 a credible witness has sworn to the identity of the
principal.
19

of Notary
fnJfl/;?aCUJ7 rn. Wkr-e.- ,Notary Public
Print or Type Name of Notary
My Commission Expires: c9,:J,Jt.'/v 020/0
I
'.
WILLIE L. COVINGTON
REGISTER OF DEEDS, DURHAM COUNTY
DURHAM COUNTY COURTHOUSE
200 E. MAIN STREET
DURHAM, NC 27701
PLEASE RETAIN YELLOW TRAILER PAGE
It is part of recorded document, and must be submitted with original for re-recording
and/or cancellation.
********************************************************.*_._ __ ._.* . _ .. * ********-*_. __ ._-*_._*_._*---****_._*-*-*.*
Filed For Registration: 061271200712:58:54 PM
Book: RE 5658 Page: 615-634

Document No.: 2007029275
SEP-A 20 PGS $68.00
Recorder: JENNIFER H SMITH
2007029275
Durham County
ARGAW
NORTH CAROLINA
DURHAM COUNTY
=OR REGISTER OF DEEDS

200i MAR 07 04:4814 PM
BK: 5532 PG: 232-253 FEE: $74.00
NS:$25.00

CONTRACT OF SEPARATION
and
PROPERTY SETTLEMENT AGREEMENT
THIS CONTRACT OF SEPARATION AND PROPERTY SETTLEMENT
AGREEMENT, (hereinafter referred to as the "Agreement") made by and between Mikael
Argaw of Durham County, North Carolina (hereinafter referred to as "Husband") and Christina
Sheahan of Durham County, North Carolina (hereinafter referred to as "Wife") ("Husband" and
"Wife" collectively are referred to hereinafter as the "Parties"), shall become effective on the
date executed by both parties hereto.
WIT N E SSE T H:
WHEREAS, the Parties were lawfully married on January 7, 1997, and lived together as
Husband and Wife until on or about November 1, 2005, at which time they separated one from
the other, and have lived continuously separate and apart; and
WHEREAS, because of unfortunate differences and incompatibilities which now exist
between them, they are no longer able to live together in peace and hallllony as husband and
wife; and
WHEREAS, the Parties have independently conferred concerning this Agreement and
both parties agree that it is entered into mutually of their own free will and with full knowledge
that either party may apply to the Court for an absolute divorce at such time as they have been
continuously separated for one year or more; and
WHEREAS, both parties stipulate and agree that they have carefully read and
() understand the terms and conditions of this Agreement, and deem them to be fair, just and
.l., .
Christina )hQ"l)oJ\
I d l.'j "1"'1 Pd.
'D urho.,..,.., N(. (}7703
SHEAHAN I ARGA W
AGREEMENT
PAGE I

equitable and in full and complete satisfaction of all claims, present or future, arising out of or in
any manner related to their marriage;
NOW THEREFORE, to that end, and for and in consideration of the mutual covenants,
promises and agreements hereinafter set forth and other good and valuable consideration, the
Parties mutually stipulate, covenant and agree as follows:
ARTICLE 1
ARTICLE 1.1 General From and after the date of this Agreement, the Parties
shall and will continue to live separate and apart, each from the other, as fully, completely and in
the same manner and to the same extent as though they had never been married.
ARTICLE 1.2 Interference The Parties each shall be free from interference,
authority and control, direct or indirect, by the other as fully as if he or she were single and
unmarried. Neither party shall molest, harass, nor compel the other to cohabit or dwell with him
or her.
ARTICLE 1.3 The Parties may reside at such place or places and with
such person or persons as each of them may see fit or as each of them may desire.
ARTICLE 1.4 Visitation The Parties shall not call upon or visit the other except
by express invitation by one accepted by the other.
ARTICLE 1.5 Each of the parties may for his or her separate
benefit engage in any employment, business or profession he or she may choose. All income and
profits realized by either party shall be for his or her sole and separate use and benefit, free from
SHEAHAN I ARGAW
AGREEMENT
PAQE2
any and all control, restraint or interference, direct or indirect, of the other party.
ARTICLE 1.6 The Parties shall have the right to contract and
to be contracted with independently of the other as fully and to all intents and purposes as if they
had never been married.
ARTICLE 1.7 Except as otherwise provided herein,
either party may at any time hereafter acquire, possess, encumber, transfer, conveyor otherwise
deal with any and all classes of property, real or personal, tangible or intangible, or mixed,
whether now owned or possessed or hereafter acquired by either of thenl, without the joinder of
the other party and with the same force and effect as if they were unmarried. It is agreed that all
persons dealing with the Parties hereafter may rely upon this agreement as containing all the
provisions necessary to the parties being authorized to acquire, hold, manage, transfer and
convey their real property and estate without the knowledge or consent or joinder of their spouse
as contemplated by North Carolina General Statutes 39-13.4.
ARTICLE 2
PROVISIONS FOR PROPERTY SETTLEMENT
It is the intent and desire of the Parties to make an equitable division and partition of their
"marital property", "divisible property" and declaring their separate property as defined by
North Carolina General Statutes 50-20(b), in this property settlement. The parties hereto
specifically stipulate and agree that the settlement provided herein is fair and equitable and that
the following distribution of assets and debts is effectuated in full and complete satisfaction of
any and all claims either party may have pursuant to North Carolina General Statutes 50-20, et
seq., whether arising under any provision of the laws of the State of North Carolina or arising
under any provision of the laws of any other jurisdiction. Their property settlement and
distribution is as follows:
SHEAHAN I AROA W
AGREEMENT
PAGE 3
ARTICLE 2.1
A.
1.
REAL PROPERTY.
The Marital Residence (hereinafter referred to as "the
residence") located at 1001 Alabama Avenue, Durham, North
Carolina shall be placed on the market and sold in accordance with
the procedures hereinafter stated. Wife shall be the selling realtor.
Until sale of the Residence, both Husband and Wife shall be
responsible for maintaining the Residence in good repair and
Husband and Wife shall be equally responsible for the mortgage
payment, ad valorem taxes, insurance and other expenses
associated with the Residence. They further agree to share equally
the cost of the electric and water bill until the residence is sold.
Both parties shall cooperate in every manner reasonably possible
to effectuate the sale of the Residence. In the event the parties
cannot agree as to the sales price of the Residence, each party shall
select an appraiser and the two selected shall select a third
appraiser. The Residence shall then be independently appraised by
the third appraiser. The Residence shall then be offered for sale at
the appraised value plus twelve percent (12%) and this figure shall
be the initial "asking price." The parties shall then be obligated to
accept any offer for purchase which meets or exceeds the appraised
value, and this figure shall constitute the initial "sale price." In the
event the Residence has not been sold within one hundred twenty
(120) days following the establishment of the initial "asking price"
SHEAHAN I ARGA W
AGREEMENT
PAOE4
and the initial "sale price", the "asking price" and the "sale price"
respectively shall each then be reduced by five percent (5%) of the
initial "sale price" and thereafter each ninety (90) days, the "asking
price" and the "sale price" shall be likewise reduced until such time
as an offer is received which meets or exceeds the then "sale
price. "
After said Residence is sold and the expenses of the sale, which
shall include the cost of any appraisal required herein, sales
commissions to wife, prorated ad valorem taxes, revenue stamps,
and other routine closing costs and the balance or balances owing
on the note or notes secured by the present outstanding deed of
trust or trusts against the residence, are paid, the net balance,
constituting the "net sales proceeds," shall be divided equally
between the parties. Initially, the parties shall attempt to sell the
property "by owner". If the property does not sell within two
months, Wife shall become the listing agent and receive a standard
~ J.'fY. iIf
realtor percentage of 9%. The listing agreement shall specify that
the property be listed on the multiple listing service for the area.
Wife shall be entitled to keep as her sole and separate property any
and all commissions from the sale of the residence.
Any and all costs, repairs or other expenses associated with the
sale of the residence shall be mutually agreed upon by both parties
and the costs shared between both parties.
This Agreement shall constitute specific authority for the closing agent
upon the sale of the Residence as hereinabove set forth to distribute the net
sale proceeds and sales commissions as specified herein.
2. If the residence does not sell within one year from the listing date,
SHEAHAN I ARGA W
AGREEMENT
PAGES

B.
the residence shall be rented. All rental money shall be placed in
a joint rental account. The money in the joint rental account shall
be used only for expenses related to the property, including but not
limited to, taxes, insurance, repairs, maintenance and mortgage
payments.
I. The parties are presently owners as
tenants by the entireties of real property located at 2616 W. Knox
Avenue, Durham, North Carolina (hereinafter referred to as
"2616"), 2614 W. Knox Avenue, Durham, North Carolina
(hereinafter referred to as "2614"), and 1019 Oakland Avenue,
Durham, North Carolina (hereinafter referred to as "1019"). The
mortgages associated with said properties are in both parties'
names with the exception of 1019 which is titled in Wife's name
solely. AI! of the above-referenced properties are collectively
referred to as "Wife's properties". Wife shall be entitled to
exclusive use, possession and ownership of Wife's properties and
Husband relinquishes any and all interest in Wife's properties to
Wife. After Wife assumes the mortgages, Husband shall execute
non-warranty deeds within forty-eight (48) hours of presentment
by Wife. Further, husband hereby assigns to Wife the escrow
deposit and utility deposits, if any, relative to Wife's properties.
2. As of the date of separation Wife agrees to
indemnify and hold Husband harmless from any and all liability
SHEAHAN I ARGA W
AGREEMENT
PAGE 6
C.
arising from any and all mortgages and deeds of trust associated
with Wife's properties, including but not limited to the following:
taxes, insurance, repairs, maintenance, assessments and any and all
obligations, claims and expenses, including reasonable attorney
fees arising out of or relating to any of the aforementioned. Wife
agrees to take steps to assume the mortgages at 2616 and 2614
within ninety (90) days of the execution of this Agreement.
Because 1091 is in Wife's name solely, Wife does not have to take
steps to assume said mortgage. Husband hereby assigns to the
Wife the escrow deposit and utility deposits, if any, relative to the
aforesaid property.
1. The parties are presently owners as
tenants by the entirety of real property located at 917 Oakland
Avenue (hereinafter referred to as "917), 915 Oakland Avenue
(hereinafter referred to as "915") and 916 Alabama Avenue
(hereinafter referred to as "916"), Durham North Carolina. All of
the above-referenced properties shall be collectively referred to as
"Husband's properties". Husband shall be entitled to exclusive
use, possession and ownership of said properties. Husband shall
assume the mortgages at 917 and 915 and shall refinance the
mortgage at 916 within ninety (90) days from the execution of this
Agreement. After Husband assumes and refinances the mortgages,
Wife shall execute non-warranty deeds within forty-eight (48)
hours of presentment by Husband. Further, Wife hereby assigns to
Husband the escrow deposit and utility deposits, if any, relative to
SHEAHAN I ARGA W
AGREEMENT
PAGE 7
, ..... .. ,
ARTICLE 2.2
A.
2.
the aforesaid property.
As of the date of separation
Husband agrees to indemnify and hold Wife harmless from any
and all liability arising from any and all mortgages associated with
Husband's properties, including but not limited to the following:
taxes, insurance, repairs, maintenance, assessments and any and all
obligations, claims and expenses, including reasonable attorney
fees arising out of or relating to any of the aforementioned. Wife
hereby assigns to the Husband the escrow deposit and utility
deposits, if any, relative to the aforesaid property.
PERSONAL PROPERTY.
Wife's automobile. The Wife shall be entitled to exclusive ownership of
the 2000 Nissan Maxima and the Ford Van automobiles which she presently uses. Neither
vehicle has a lien. The Wife shall hereafter be solely responsible for all expenses relating to the
operation, maintenance, insuring and ownership of said vehicles. Contemporaneously with the
execution of this Agreement, the Husband shall execute any and all instrwnents or documents, if
necessary, to effectuate transfer of title to said vehicles to the Wife as provided herein. If
transfer of title is required the party or parties shall infollll the Department of Motor Vehicles
that the transfer of title is pursuant to the terms of a separation agreement.
B. Husband's automobile. The Husband shall be entitled to exclusive
ownership of the 1997 Plymouth Minivan automobile which he presently uses. This vehicle
does not have a lien. The Husband shall hereafter be solely responsible for all expenses relating
to the operation, maintenance, insuring and ownership of said vehicle. Contemporaneously with
the execution of this Agreement, the Wife shall execute any and all instruments or documents, if
necessary to effectuate transfer of title to said vehicle to the Husband as provided herein. If
SHEAHAN I ARGA W
AGREEMENT
PAGES
transfer of title is required the party or parties shall infOIm the Depar tment of Motor Vehicles
that the transfer of title is pursuant to the tenns of a separation agreement.
c. Each party agrees to indemnify and
hold the other harmless from all liability arising by reason of their separate operation of any of
the vehicles named above or purchased while the parties are still married. Each party shall
obtain liability insurance in their separate name for their respective vehicles and shall pay the
premiums on said policies as they become due.
D. The parties have divided most
of their household furniture and furnishings to their mutual satisfaction. There are some
remaining items in the residence that are left to be divided. Wife shall keep as her sole and
separate property the following: all kitchen items, washer, dryer, bedroom set, grandparent's
bedroom set, the desktop computer, the laptop (bob's), the printer, the digital camera, the dining
room table, the buffet table, the living room tables, the DVD player and the VCR. Husband shall
keep as his sole and separate property the following: the kitchen stools, the sofas, the computer
desk, the plasma TV and receiver, the double beds, the filing cabinet, the trailer and all tools.
The parties represent one to the other that they are capable of dividing their remaining personal
property to their mutual satisfaction.
E. Wife hereby conveys to Husband all of her right,
title and interest in and to all items of clothing, personal jewelry and articles of personal use and
adormnent presently in his possession, custody or control. Husband hereby conveys to Wife all
of his right, title and interest in and to all clothing, personal jewelry and articles of personal use
and adormnent presently in her possession, custody or control.
F. For any property not specifically
mentioned in this Agreement, the parties agree they have divided between them to their mutual
satisfaction, all other intangible personal property owned by them individually and jointly,
SHEAHAN / ARGA W
AGREEMENT
PAGE 9
. "",
including but not limited to, checking and savings accounts, stocks, bonds, mutual funds, IRA's,
interests in pension and profit sharing plans, promissory notes, franchises, pat tnership and the
like. Hereafter, neither party shall make any claim against the other for any intangible personal
property in the name, possession or control of the other
ARTICLE 2.3
A.
1. Husband's retirement benefits. Husband has retirement benefits
in his name. Said benefits shall become the sole and separate
property of Husband free from any claim, right or title by Wife.
Wife relinquishes any and all interest in the same. Wife agrees to
execute any and all documents necessary to give full force and
effect to this clause.
2. Wife has retirement benefits in her
name. Said benefits shall become the sole and separate property of
Wife free from any claim, right or title by Husband. Husband
relinquishes any and all interest in the same. Husband agrees to
execute any and all documents necessary to give full force and
effect to this clause.
3. Release of Employee Benefit Plans. The parties acknowledge
and agree most pension, profit-sharing and other employee benefit
plans are subject to Employer's Retirement Income Security Act of
1974 ("ERISA"). The assignment or waiver of either party's rights
to benefits under a plan subject to ERISA is governed by the
SHEAHAN I ARGA W
AGREEMENT
PAGE 10
B.
ERISA and sections 401 (a) (13), 414 (p) of the Internal Revenue
Code. The parties acknowledge and agree that so long as either is
a spouse of the other, they are entitled to receive all or a portion of
the death benefits payable upon each other's death unless
consented otherwise. Therefore, each party consents in this
agreement to allow each party to designate any beneficiary either
party so desires and each party expressly waives any right to
require the payment of benefits in the fonn of a joint and survivor
annuity.
The parties have previously divided all bank accounts.
Therefore the contents of all accounts in the Husband's name shall be and become the sole and
separate property of Husband, and Wife waives, relinquishes, renounces and releases any and all
claims in and to the same. The contents of all accounts in the Wife's name shall be and become
the sole and separate property of Wife, and Husband waives, relinquishes, renounces and
releases any and all claims in and to the same. All joint accounts shall be closed. However, if
the parties rent the residence (if it fails to sell within a year), they shall open a joint account to
maintain the income and expenses from the residence.
ARTICLE 2.4
A.
DEBTS OF THE PARTIES
,
The parties represent one to the other that there are only two (2) marital
debts aside from the debt associated with an asset. The parties agree to each assume one debt as
set forth below:
1. Home Depot - Balance of $7,500.00 - Husband shall assume sole
responsibility for the Home Depot debt.
2. Lasik Plus - Balance of $2,000.00 - Wife shall assume sole responsibility
SHEAHAN I ARGA W
AOREEMENT
PAGE 11
for the Lasik Plus debt.
Each party agrees to assume and pay their assigned debt above and agrees to indemnify
and hold the other haIlllless from all liability associated with the same. The parties agree they
will not seek a discharge in bankruptcy court for any joint debt they assume under this
paragraph.
B. The parties shall each be responsible for all debts incurred by them after
the date of the separation. Henceforth neither party shall charge or cause to be charged to or
against the other party any purchase. Each party warrants to the other that they have not charged
or caused to be charged any debt against the other party since the date of separation.
c. Within one hundred twenty (120)
days of the date of this Agreement, the parties shall undertake to secure the release of each other
from any and all liability for endorsements or guarantees executed by one on behalf of the other
for any business entity or debt. In the future, if an action is instituted against either party arising
out of their endorsement or guarantee on an indebtedness for which the other party is liable, they
agree to indemnify and hold each other haIlllless against any liability arising out of said action,
to include an agreement to pay reasonable attorney's fees in connection with the defense of such
action.
ARTICLE 2.5 GENERAL PROVISIONS FOR PROPERTY
A. Husband and Wife
expressly acknowledge and agree, pursuant to 0.8. 50-20 that the division and distribution of
marital and divisible property set forth herein is just, fair and reasonable, is deemed by the
parties to be equitable, and that this Agreement shall be binding on the parties. Each party
SHEAHAN I ARGA W
AGREEMENT
PAGE 12
expressly waives any and all other rights, whether now in existence or acquired hereafter, to
claim an equitable distribution under the laws of this or any other state and agrees that this
provision and this Agreement may be plead in bar of such claim for relief in any suit filed
hereafter.
B. Husband and Wife grant, release,
and forever quitclaim each to the other, all right, title, interest, claim and demand whatsoever in
the real estate of which either is now seized or may hereafter become seized; and each of said
parties may from this date and at all times hereafter purchase, acquire, own, hold, possess,
encumber, dispose of and convey any and all classes and kinds of property as though unmarried
and free from the consent, joinder and interference of the other party, it being the understanding
and agreement on the part of each of the parties hereto that in the sale, transfer and conveyance
of any property hereafter it shall not be necessary in order for the grantee to have a good title,
that the other party hereto shall sign and execute to the grantee the deed, conveyance, deed of
trust, mortgage or bill of sale conveying or selling the property; it being the agreement and
covenant of the parties hereto that in this respect, each of the parties hereto has forever released
and discharged, and by these presents each does hereby now forever release and discharge the
property of the other from all claims, interest and estate on his or her part, and that each shall be
in the same position as if such party were single and unmarried.
c. Sale of Property. In the event of a sale, transfer, or conveyance of any
real or personal property now owned or hereafter acquired by either of the parties,
(notwithstanding the mutual releases contained in this Agreement) if either party to this
Agreement is called upon to execute a deed, conveyance, bill of sale or other instrument
conveying said property, then the party called upon will sign any such instrument which may be
reasonably required or reasonably necessary to perfect title in the guarantee of the property
which is sought to be conveyed.
SHEAHAN I ARGA W
AGREEMENT
PAGE 13
" ....
D. Except as otherwise expressly
provided for in this Agreement, Husband does hereby waive, release, discharge, quitclaim and
renounce unto the Wife and her heirs and assigns, and Wife does hereby waive, release,
discharge, quitclaim and renounce unto Husband and his heirs and assigns:
E.
I. All and every right to share in the estate of the other party upon
said party's death as provided in G. S. 29-14, or otherwise, now
and hereafter by law provided
2. All and every right to elect to take a life estate in real estate upon
the death of the other party in lieu of the share provided in G. S.
29-14, as provided in G. S. 29-30, or otherwise, now and
hereafter by law provided
3. All and every right to a year's allowance upon the death of the
other party as provided by G. S. 30-15, or otherwise, now and
hereafter by law provided
4. All and every right to petition for an elective share as provided by
N.C.G. S. 30-3.1 et seq., or to otherwise dissent from the Last
Will and Testament of the other; and
5. All and every right to administer upon the estate of the other party
as provided by G. S. 28A-4-1, or otherwise, now and hereafter by
law provided.
Subject to the rights and privileges provided for in this
Agreement, in any deed or other instrument executed contemporaneously or in connection
herewith, and in any order or judgment entered contemporaneously or in connection herewith,
each party does hereby release and discharge the other from all causes of action, claims, rights or
demands whatsoever, at law or in equity, which either of the parties ever had or now has against
the other, known or unknown, by reason of any matter, cause or thing up to the date of the
execution of this Agreement, except the cause of action for divorce based upon the separation of
SHEAHAN I AROA W
AGREEMENT
PAGE \4
the parties. It is the intention of the parties that henceforth there shall be, as between them, only
such rights and obligations as are specifically provided for in this Agreement and the right of
action for divorce.
F.
Husband and Wife expressly waive any right, claim or benefit (including an appointment as
personal representative, a bequest or a devise) under any existing Will of the above. Husband
and Wife further agree upon the death of the other they agree to execute such other and further
documents including documents of renunciation as may be reasonably required to give full force
and effect to this Agreement.
G. In the event of
reconciliation and resumption of the marital relationship between the parties, the provisions of
this Agreement for settlement of property rights shall nevertheless continue in full force and
effect without abatement of any telm or provision hereof, except as otherwise provided by
written agreement duly executed by each of the parties after the date of the reconciliation.
H. The parties hereto
acknowledge that the transfer of property under the Property Settlement Provisions of this
Agreement (Article II) is related to the divorce, is a transfer incident to divorce and is related to
the cessation of the marriage; (ii) that the intent and purpose of this Agreement is for the transfer
of property under the Property Settlement provisions of this Agreement (Article II) to be tax free
pursuant to 1041 of the Internal Revenue Code and the applicable provisions of North Carolina
law and for no gain or loss to be recognized by either party as a result of such transfer; and (iii)
that they will file a formal election if necessary or otherwise take such actions as may be
required by applicable provisions of the state or federal income tax law and regulations to give
full force and effect to their aforesaid intent and purpose.
SHEAHAN I ARGA W
AGREEMENT
PAGE 15
-,."
ARTICLE 3
ARTICLE 3.1 Waiver of Alimony. Each party does hereby forever
waive any and all rights - past, present and future- which either party may have against the other
for post separation support, alimony and any and all other claims for support and maintenance
which the parties may have by reason of their marriage.
ARTICLE 4
GENERAL PROVISIONS
ARTICLE 4.1 Nothing herein
contained shall be deemed to prevent either of the parties from maintaining a suit for absolute
divorce against the other based on the ground of separation as provided by law; however, the
rights and obligations hereunder shall survive such divorce, regardless of who obtains or
petitions for said divorce. The parties further agree that this Agreement will not be incorporated,
by reference or otherwise, in any final judgment of divorce.
ARTICLE 4.2 The parties shall file joint federal and state tax
returns for the 2006 tax years. Thereafter, the parties shall file separate tax returns. The parties
agree to share evenly any tax refund and/or liability associated with joint filing so long as neither
party has engaged in abnolIllal activity such as removing funds from a retirement account. If
either party has engaged in abnolIlIal activity, said party shall be responsible for any tax
associated with said activity.
ARTICLE 4.3 Each party does
hereby release and discharge any third party from all causes of action or claims for alienation of
affection, criminal conversation, or similar tort related to or arising out of any relationship
SHEAHAN I ARGA W
AGREEMENT
PAGE 16
between such third party and the other party. Each party does hereby covenant and agree that he
or she will not institute or pursue such an action or claim against any third party, and that such
institution or pursuit would constitute a material breach of this Agreement. Further, any such
third party is deemed to be a beneficiary of this Agreement, and the provisions of this Agreement
may be pleaded by such third party in total and absolute bar of such an action or claim.
ARTICLE 4.4 This Agreement is not an agreement between the
parties to obtain a divorce. This is an agreement settling their property and marital rights.
ARTICLE 4.5 It is expressly understood and agreed that in the
event anyone or more of the provisions of this Agreement shall be unenforceable for any reason,
the remaining portions of this agreement shall, nevertheless, remain in full force and effect, and
the unenforceable provision or provisions shall be deemed deleted.
ARTICLE 4.6 Each of the parties shall from time-to-
time, at the request of the other, execute, acknowledge and deliver to the other party, any further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
ARTICLE 4.7 This Agreement can be altered and amended only
by further written agreement duly executed by the parties. Any failure by either party to
specifically perform or to enforce perfolmance exactly according to the letter of this Agreement
shall not constitute an alteration of the same by way of enlargement, waiver, reduction, estoppel,
or otherwise, unless confirmed in writing by the parties.
ARTICLE 4.8 This Agreement shall be construed and governed in
accordance with the laws of the State of North Carolina.
SHEAHAN I ARGA W
AGREEMENT
PAGE 17
., ..
ARTICLE 4.9 Except as otherwise stated herein, all the
provisions of this Agreement shall be binding upon the respective heirs, estates, next of kin,
executors, administrators, and assigns of the parties.
ARTICLE 4.10 This Agreement contains the entire
understanding of the parties and there are no representations, warranties, covenants or
undertakings other than those expressly set forth herein.
ARTICLE 4.11 Interpretation. No provision of this Agreement shall be
interpreted for or against any party because that party, or the party's agent or legal
representative, drafted the of the particular provision, and the parties hereby
unconditionally waive such defense or claim regarding this Agreement. This stipulation may be
used in Court regarding any claim or defense based upon this Agreement.
ARTICLE 4.12 Each of the parties acknowledge that they have
read this agreement and understand its contents and provisions; that it is a fair and reasonable
agreement to each of them, having due regard to the conditions and circumstances of the parties
hereto on the date hereof; that each has signed and executed the Agreement freely and
voluntarily and without fear, compulsion, duress, coercion, persuasion or undue influence
exercised by either party upon the other or by any person or persons upon either.
ARTICLE 4.13 Wife is represented by
Rose D. Mackritis to prepare and advise Wife about the provisions of this Agreement and it legal
effect. Husband has chosen not to obtain legal counsel and fully understands that Wife's attorney
cannot represent Husband's interest but can only represent Wife. Wife acknowledges that
Husband has not received any advice from Wife's attorney and is representing Wife during the
negotiation and signing of this Agreement.
SHEAHAN I ARGA W
AGREEMENT
PAGE 18
ARTICLE 4.14 If either Husband or Wife shall seek a
discharge in bankruptcy from claims of creditors on debts that Husband or Wife has assumed and
has indemnified and held the other party hannless as part of the property settlement, the Husband
or Wife shall notify the other party within five (5) days of filing bankruptcy, and the other party
shall be allowed to bring an action in bankruptcy court seeking a finding that the debts are
nondischargable under the scope of the Bankruptcy Code.
ARTICLE 4.15 Specific Performance. Either party shall have the right to compel
the perfonnance of the provisions of this Agreement by suing for specific perfonnance in the
courts where jurisdiction of the parties and subject matter exists. Both parties acknowledge that
neither party has a plain, speedy or adequate legal remedy to compel compliance with the
provisions of this Agreement, that neither party shall be required to repeatedly file suit for any
breach of this Agreement, that this Agreement is fair and equitable to both parties and that an
order of specific performance enforceable by contempt is an appropriate remedy for a breach by
either party.
ARTICLE 4.16 If either party defaults in the
performance of his or her obligations under the terms hereof, the other party may employ an
attorney to enforce his or her rights and remedies thereunder. In such event, the party who is in
breach or default shall pay to the other party reasonable attorneys fees plus all other reasonable
expenses incurred by such other party in exercising his or her rights and remedies upon default.
ARTICLE 4.17 Recordation of Agreement. This Agreement shall not be
recorded without the independent and express written consent of both parties. A Memorandum
of said Agreement written in accordance with the terms of North Carolina General Statutes, 39-
13.4 shall be executed by either party upon request of the other party and said Memorandum of
Agreement may be recorded in any recording office at any time. The purpose of the recording of
SHEAHAN I AROA W
AGREEMENT
PAGE 19
-...
a Memorandum of Agreement is to allow the transfer of property pending a divorce action. Any
Memorandum of Agreement shall not contain the details of financial provisions of this
Agreement.
IN WITNESS WHEREOF, the parties have signed, sealed and acknowledged this
Agreement in duplicate originals, on the day and year subscribed below.
Date: 21:< 7/ t?7
.
(SEAL)
Date: .y lal 0 1
(SEAL)
STATE OF NORTH CAROLINA
COUNTY OF Ovrh..""
Mikael aw
Ii

,
i
. -
Christina Sheahan
I, (S ere . J/", , a Notary Public of said County and State do hereby
certify that Mikael Argaw personally appeared before me this date and acknowledged the due
execution of the foregoing Separation Agreement and Property Settlement for the purpose
therein expressed.
my hand and notarial seal this the )...7
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,,'0""1\ t::- ""
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day of--=-f_ __ 2007.
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Notary Public Signature
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MyCommrsslOn Expires: If
Notary Public Printed Name
Form ofIdentification: ___ _
SHEAHAN I ARGA W
AGREEMENT
PAGE 20
COUNTY OF W"lroyvl
I, fJ.rdKo. MOYlrc') , a Notary Public of said County and State do hereby
certify that Christina Sheahan personally appeared before me this date and acknowledged the due
execution of the foregoing Separation Agreement and Property Settlement for the purpose
therein expressed.
notarial seal this the r day of r-<::::-b-rUCJ. vy ,2007 .

;' ".

0' . "'UBUC, .;c.i
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Public
My Commission Expires: "6 - 2: 'J - '2C:>IO
Notary Public Printed Name
Form ofIdentification: ...!to=c..=O=<...::::L=--___ _
SHEAHAN I ARGA W
AGREEMENT
PAGE 21
WILLIE L. COVINGTON
200 E. MAIN STREET
DURHAM, NC 27701
************************************************************************************************************************
Filed For Registration: 03/07/200704:48:14 PM
Book: RE 5532 Page: 232253
SEPA 22 PGS $74.00
NS: $25.00
Recorder: SHARON M CEARNEL
2007010298
Durham County
DE LEON

r
FOR OF DEEDS
loll le. NC
DURHAM COUNTY.
200B JUN 1003:31:41 p"
BK59B1 PG266-2B4 FEU65.00

Return To: Dana L. DeLeon, 4132 Cobblestone Place, Durham, NC 27707
Carlos

. '..... . , . . ...
.:)-
,

NORTH CAROLINA
DURHAM COUNTY
MEDIATED SEPARATION AND PROPERTY SETTLEMENT AGREEMENT

THIS AGREEMENT made this J . { h ~ day of '--='---"----: _ 2008, between Juan
Carlos De Leon of Durham County, North Carolina, hereinafter referred to as the "Husband,"
and Dana Lynn Kirvan De Leon of Durham County, North Carolina hereinafter referred to as
the "Wife":
WITNESSETH:
THAT WHEREAS, the parties hereto were married on October 8, 1995 and certain
differences have arisen between them rendering it undesirable for them to continue to live
together as Husband and Wife, and in consequence of these differences they plan on separating
or about March I, 2008 and thereafter live separate and apart with the intention to remain
separate and apart; and
WHEREAS, each of the parties is more than eighteen (18) years of age, and desires to
confirm their separation and to make agreements in connection therewith, including the

settlement and adjustment of their property rights and other rights, responsibilities and
obligations growing out of their marital relationship; and
WHEREAS, there was one child adopted by the parties', namely, Dylan Taylor De Leon,
born June 17,2003.
WHEREAS, after mature consideration and judgment, neither party was represented in
the preparation of this Agreement by an attorney but has had the opportunity to seek independent
representation. Both parties hereby acknowledge they have willingly, knowingly and voluntarily
entered into this Agreement, after careful consideration without any coercion or undue influence
De Leon Mediated Separation and Property Settlement Agreement Page 1

,
I

from each other or any third party. Each party believes it is in his or her own best interests to
enter into this Mediated Separation and Property Settlement Agreement and each party hereby
enters into this written agreement and fully understands the terms, conditions and provisions
hereof, and deems such terms to be fair, just and reasonable and equitable;
NOW, THEREFORE, in consideration of the premises, the mutual promises and
undertakings herein contained and for other good and valuable consideration, the receipt of
which is hereby acknowledged, each party stipulates, agrees and covenants with the other as
follows:
I. SEPARATE MAINTENANCE. Husband and Wife shall at all times hereinafter live
separate and apart, each free from the marital control and authority of the other, direct or
indirect, as if each were single and unmarried; and shall reside at such place or places and with
such person or persons as each may desire; and shall conduct, carry on and engage in any
employment, business, trade or profession each may desire, choose or deem fit. Except as
otherwise provided herein, all income and profits realized by either party shall be for his or her
sole and separate use and benefit, free from any and all control, restraint or interference, direct or
indirect, of the other party.
2. COVENANT OF NON-INTERFERENCE. Neither party will, in any manner, molest
or interfere with the personal rights, liberties, privileges or affairs of the other, and each shall
henceforth live his or her own personal life as he or she may see fit, unrestricted in any manner
by the marriage and relationship previously existing between them. Specifically, neither party
shall come onto the residential premises of the other without express prior permission from the
other party.

,

3. SUBSEQUENT PROPERTY TRANSACTIONS. Except as otherwise
provided herein, either party may at any time hereafter acquire, possess, encumber,
transfer, conveyor otherwise deal with any and all classes of property, real or personal,
tangible or intangible or mixed, whether now owned or possessed or hereafter acquired
by either of them, without the joinder or consent of the other party and with the same
force and effect as if they were unmarried. Ifit shall become necessary to pass, transfer
or guarantee good title, a party shall, upon request of the other, execute any deed, bill of
sale or document evidencing a conveyance of property. It is agreed between the parties
that each of them will at any time or times hereafter make, execute and deliver any and
all of such other and further assurances as either of said parties shall reasonably require
for the purposes of giving full effect to these agreements. The party requested to execute
such document shall incur no liability or expense.
4. RELEASE OF PROPERTY AND ESTATE RIGHTS. Except as otherwise
set out specifically in this Agreement, each party waives and gives up all claims against
the other and all right, title and interest (at present or in the future) as to:
A. The estate of the other, including but not limited to statutory rights,
elections, allowances and the right to act as administrator or executor of
the other's estate.
B. Any right of inheritance under a will executed by the other party prior to
the date of this Agreement.
C. Any beneficial or administrative right arising under any trust created by
the other party prior to the date ofthis Agreement.

- ,
D. Any right to insurance proceeds or other benefits payable by reason of the
death or disability of the other party.
E. Any right to insurance proceeds payable by reason of damage or
destruction to any real or personal property owned separately by the other
party, whether such property is distributed under this Agreement or
acquired before or after the execution of this document by the other party.
5. DEBTS.
A. Present Debts. As of the date of this Agreement, the parties have no joint
marital debt. The Wife will have sole and separate responsibility for any debts in
her name alone, free from any claim or right of Husband, including but not
limited to any lines of credit on any accounts in her sole and separate name. The
Husband will have sole and separate responsibility for any debts in his name
alone, free from any claim or right of Wife, including but not limited to any
Checking Account lines of credit on Husband's checking account in his sole and
separate name.
B. Future Debts.
Unless otherwise provided herein, neither party shall hereafter charge or
cause or permit to be charged to or against the other any purchase which either of
them may hereafter make, and shall not hereafter create any obligations in the
name of or against the other and shall never hereafter secure or attempt to secure
any credit upon or in connection with the other, or in his or her name. It is
specifically understood and agreed that all debts incurred by either ofthe parties

. ,

subsequent to the date of separation shall be the sole and separate responsibility of
the party incurring such indebtedness.
6. INCOME TAX RETURNS.
A. Tax Year 2007. The parties agree to file joint State and Federal Income Tax
Returns for the tax year 2007. The parties further agree that any resulting State or
Federal Income Tax refund or liability shall be equally divided between the
parties.
B. Tax Years 2008 and All Subsequent Years' Income Tax Returns. The parties
agree to file separate State and Federal Income Tax Returns for tax years 2008
and all subsequent years. The parties further agree that any resulting State or
Federal Income Tax refund or liability shall be the sole and separate property or
responsibility of the party filing said returns.
C. Dependency Exemption. For the tax year 2008 and all subsequent years, the
parties agree that Wife shall be entitled to claim the minor child as an exemption
for her Federal and State income tax purposes.
D. Mortgage Interest Deduction. For the tax year 2008 and all subsequent years,
the parties agree that Wife shall be entitled to claim any and all mortgage interest
as a deduction that may be due for Federal and State income tax purposes.
7. PROPERTY DIVISION AND SETTLEMENT.
A. Marital Home. The parties own a home located at 4132 Cobblestone
Place, Durham, North Carolina 27707 (hereinafter referred to as the "Marital
Home"), which is encumbered by a mortgage with National City Bank and a
second mortgage with Aluminum Company of North Carolina. Husband agrees to
De Leon Mediated Separation and Property Settlement Agreement PageS

,
,
,
,
,
,
,
move from the Marital Home on or before March I, 2008, Wife shall continue to
reside in the Marital Home and shall be entitled to exclusive use and possession of
said Marital Home, Wife shall be responsible for all costs associated with the
Marital Home including the mortgage, second mortgage, and debts associated
with repairs to the Marital Home, taxes, insurance, and maintenance,
As soon as possible, but not to exceed six months unless otherwise agreed,
Wife agrees to refinance both the first and second mortgage on the Marital Home
to remove Husband's name from the liability on the indebtedness, At the time of
the refinance, Husband shall transfer his interest to Wife by way of a North
Carolina Warranty Deed to remove his name from the deed to the Marital Home,
B. Lump Sum Payment. On or before February 28, 2008, Wife shall pay to
Husband a lump sum distribution of $40,000,00, representing his share of the net
equity in the Marital Home and all other marital property owned by the parties but
retained by Wife as her sole and separate possession,
C. Household Furnishings and Other Personal Property. The parties have
previously mutually agreed upon the division of personal property, Husband shall
remove some of his personal items and furnishings from the Marital Home on or
before March I, 2008 and shall further take said items as his sole and separate
property. As far as the remainder of Husband's personal items and furnishings,
Husband is allowed to continue to keep said items at the Marital Home as long as
mutually agreed between the parties. Wife shall take all furnishings and personal
property in her possession as her sole and separate property.
,

D. Vehicles.
(l) Wife. The Husband hereby transfers, assigns and relinquishes unto
the Wife any and all of his right, title and interest of the 1993 Nissan
Sentra. After the execution of this Agreement said vehicle shall belong
solely to the Wife, free from any claim or right of the Husband. Wife
shall be responsible for any and all costs associated with the vehicle
including car payments, taxes, insurance, and maintenance.
(2) Husband. The Wife hereby transfers, assigns, and relinquishes unto
the Husband any and all of her right, title, and interest in the 1998 Toyota
4Runner. Said vehicle shall belong solely to the Husband, free from any
claim or right of Wife. Husband shall be responsible for any and all costs
associated with the vehicle including car payments, taxes, insurance, and
maintenance.
(3) Transfer of Title. Either party shall, upon the request of the other
party, execute and deliver to the party such instruments or documents as
may be necessary or appropriate to effectuate the transfer of title to the
aforesaid vehicles.
(4) Negligent Operation. Each party agrees to indemnifY and hold the
other harmless from all liability arising by reason of their separate
operation of any of the aforesaid vehicles.
E. Bank Accounts. Wife shall retain as her sole and separate property any
and all bank accounts in her sole name free from any claim or right of Husband.

Husband shall retain as his sole and separate property any and all bank accounts
in his sole name free from any claim or right of Wife.
F. Retirement. Husband shall take as his sole and separate property any and
all retirement and supplemental retirement including 401 (k) accounts received
from his past, present or future employment free from any claim or right of Wife.
Wife shall take as her sole and separate property any and all retirement and
supplemental retirement including 401(k) accounts received from her past, present
or future employment free from any claim or right of Husband.
G. Pets. The parties have three (3) dogs, one (I) baby lovebird, three (3) cats
and seven (7) birds. Husband shall keep as his sole property the three (3) dogs
and one (1) baby lovebird, free from any claim or right of Wife. At this time,
however, the Husband does not have a home that would allow him to have
physical possession ofthe dogs. Wife agrees to allow Husband to leave the dogs
with her until such time as the parties mutually agree otherwise. Husband shall be
responsible for all food and veterinarian costs associated with the dogs while they
remain in the Wife's home. Wife agrees to assume temporary day to day care of
the dogs, but will allow Husband to come visit and/or take the dogs upon
reasonable notice and at reasonable times. Wife shall keep as her sole property the
three (3) cats and seven (7) birds, free from any claim or right of Husband. The
parties agree that Wife shall keep the dogs whenever Husband is unable to do so.
8. CHILD CUSTODY. The parties agree that it is in the best interest of the minor
child that Husband and Wife share joint legal custody of the child with Wife
De Leon Mediated Separation and Property Settlement Agreement PageS

' .
retaining primary physical custody, the Husband having secondary physical
custody and the child residing primarily in the home of the Wife.
The parties recognize that they intend to be flexible with one another and
will try work together to accommodate the wishes of each other and the child.
Both Husband and Wife intend to maintain residence in Durham. If a move
becomes imminent for either party, said party will notifY the other as soon as
possible. The parties agree to reevaluate the issues of physical custody and
visitation, and mediate these issues if they cannot reach mutual agreement.
9. CHILD'S WELFARE.
A. Care & Support of Parental Relationship. The parties agree that each party is
an integral part of the minor child's life, and it is in the best interest of the
minor child to continue to have close and frequent contact with both parties.
Parties specifically agree that the care and welfare of the minor child shall be
their joint responsibility. Both parties shall at all times encourage and foster
in the child sincere respect and affection for both parents. Neither party shall
attempt, or condone any attempt, to estrange the child from the other party or
to injure or impair the natural love and affection between parent and child.
Parties agree to respect each other's parenting style, privacy, and authority.
Parties agree that the child shall have unlimited freedom to communicate with
the other parent. In the event of the death of either party, the surviving parent
will continue to facilitate and foster a relationship between the minor child
and the deceased parent's extended family. Both parties recognize that their
respective contribution to the welfare of the minor child is essential; therefore,
De Leon Mediated Separation and Property Settlement Agreement
Page 9

parties agree to cooperate with the other in establishing mutually acceptable
guidelines and standards for development, education, and health. Neither
party will make an arrangement or commitment that will involve the other's
time, effort, or expense without first obtaining agreement from the other party.
B. Notification & Contact Information. Parties agree to provide the other
with an address and phone number where he or she can be reached. Whenever
one parent is taking the children over night, that parent will notify the other parent
and provide himfher with a telephone number through which the child may be
reached. Unless otherwise agreed, Husband shall not take the minor child out of
town.
C. Communication Regarding the Child. The parties shall consult together
and attempt to reach a mutual agreement concerning the minor child's education,
medical, dental or psychological treatment, any extracurricular activities, and any
other major decisions affecting the welfare of the child. The day-to-day decisions
involving the minor child shall be the responsibility of the parent in residence.
Parties agree to regularly discuss the needs and progress of the minor child, and
whenever appropriate, to consider the wishes of the minor child when decisions
are made regarding their times and activities with both parties.
D. Information Regarding the Child. Parties agree to infonn the other of
significant events during the time the minor child is with him or her at the time
the child changes residence. Each party shall immediately advise the other as to
any serious illness or other major development with respect to the child. The

\
parties agree to provide the other with access to any educational or medical
correspondence.
E. Parental Involvement. Both parties are permitted to attend teacher
conferences as desired and to be active in school events as their respective
schedules permit. Both parties are free to attend the minor child's activities even
ifthe child is not residing with the parent at that time.
10. CHILD SUPPORT. The parties recognize that given the custodial situation and
respective incomes, a certain amount of child support would normally be paid by
Husband to Wife pursuant to the North Carolina Child Support Guidelines. However, at
this time, the parties anticipate that they will reassess the child support obligation in the
future and will return to mediation they cannot agree. The parties desire to share the
expenses of the minor child in a manner other than that prescribed by said Guidelines.
Thus, Husband and Wife agree to each pay one-half of the minor child's child care.
II. MEDICAL INSURANCE FOR THE MINOR CHILD. Wife shall continue to
maintain medical and hospitalization insurance for the minor child. Both parties agree to
evenly split all uninsured medical costs for the minor child.
12. EQUITABLE DISTRIBUTION. This Agreement is the act of the Husband and
the Wife in equitably dividing their property as provided Utlder N.C.G.S. 50-20(d).
Each releases the other from any further claim which would or might arise in favor of
either under N.C.G.S. 50-20, seq., or any other state or federal law involving division
of property acquired during marriage.
13. FINAL SETTLEMENT. It is the intent of the parties that this Agreement
constitutes final settlement of all rights and interest arising from the marriage of the

parties, including a final settlement of marital property, and each party acknowledges that
the settlement herein provided for is deemed to be an equitable settlement and
distribution in lieu of the provisions of General Statute 50-20, and expressly releases
and waives any claims arising thereunder. In addition thereto, each party releases the
other from duties and obligations of support and maintenance, including attorney fees
except as herein provided, and each party understands that this agreement may be pleaded
in bar of any right or claim arising from the marriage between the parties.
14. TRANSFERS OF PROPERTY INCIDENT TO DIVORCE. The parties agree
that (i) the transfer of property hereunder is related to the divorce; (ii) that the transfer
hereunder is a transfer incident to the divorce; (iii) that the intent and purpose of this
Agreement is for the transfer of property hereunder to be tax free pursuant to 1041 of
the Internal Revenue Code and the applicable provisions of North Carolina law and for
no gain or loss to be recognized by either party as a result of such transfer; and (iv) that
they will file a fOImal election if necessary or otherwise take such actions as may be
required by applicable provisions of the state or federal income tax law and regulations to
give full force and effect to their aforesaid intent and purpose.
IS. MEDIATION. It is the parties desire to resolve the issues arising out of their
marriage amicably, and they will continue to negotiate the resolution of these issues
through their mediator. With the exception of actions to enforce this Agreement, the
parties further agree to submit to mediation regarding these issues prior to filing action
actions with the Court.
16. WAIVER OF ALIMONY AND POST SEPARATION SUPPORT. Each
party hereby waives all claims and demands against the other for post separation support
Page 12

' ..
and alimony, including allowances for attorney's fees and suit money which either now
has or may hereafter have or may in any way be or become entitled to by reason of their
marriage to one another. The parties agree that this settlement is a total and complete
release of each party by the other of all such matters and charges whatsoever except as
herein otherwise provided.
17. RECONCILIATION. In the event the Husband and Wife end their separation
by reconciliation and resumption of marital cohabitation, the executory provisions of this
Agreement shall be thereby canceled and rescinded, but all provisions hereof which have
been executed or partially executed at that time, shall, to the extent of complete or partial
perfOimance, continue in full force and effect unless and until they are canceled or
rescinded in a written agreement duly executed by both Husband and Wife. The parties
acknowledge, however, that the provisions contained above with regard to the division of
both real and personal property shall be deemed fully executed at the time this Agreement
is signed by both parties and shall not be affected by a reconciliation of the parties. The
property transferred and assigned pursuant to the property settlement provisions of this
Agreement shall remain the separate property of the parties as stated herein.
18. INCORPORATION. The parties agree that this Agreement in its entirety may
be incorporated into a judgment of absolute divorce upon the application of either party.
19. DIVORCE OR DISSOLUTION OF MARRIAGE. It is agreed and understood
by the parties that this Agreement is not made for the purpose of facilitating a divorce
between the parties nor is there any agreement that either party shall not defend against
any action for divorce or proceeding for dissolution of the marriage brought by the other
party; but this Agreement is made without prejudice to the right of either party to seek a
Page 13

' .
divorce or dissolution of marriage and the provisions hereof shall remain in full force and
effect whether or not either party seeks a divorce or dissolution of marriage at any time
hereafter.
20. PREPARATION OF AGREEMENT AND REPRESENTATION. Both
Husband and Wife acknowledge that Paul Brock of Brock, Payne & Meece, P.A. served
as an independent f,unily law mediator in this matter and prepared this Agreement based
on the terms reached and consented to by both parties. Paul Brock did not provide
separate legal advice to either party and both Husband and Wife acknowledge they had a
right to consult with an attorney of their own choosing, but each waived their right to do
so. Each party acknowledges they may be waiving some oftheir legal rights and their
right to further information and advice, but have nonetheless agreed to the terms set forth
herein knowingly, willingly and without any undue influence or duress. Paul Brock
further did not provide any specific advice as to tax implications of this Agreement and
both Husband and Wife acknowledge they have a right to consult with an accountant or
other tax professional if they have tax questions.
21. COVENANT OF FULL DISCLOSURE. Each party covenants with and
represents to the other that he or she has made a full and fair disclosure of all property
and interests in property owned or believed to be owned by him or her.
22. ENFORCEMENT. If either party fails in the due performance of his or her
obligations hereunder, in addition to any other remedy that may be available to him or her
at law, either party shall have the right, at his or her election, to sue for specific
performance of this agreement. The breaching party shall pay the costs of any such legal

"
remedies, including a reasonable attorney's fee. Nothing herein contained has been
construed to restrict or impair either party's right to exercise this election.
23. INTEGRA TED AGREEMENT. The parties agree that the provisions ofthis
Agreement are fully integrated. Each and every provision is reciprocal consideration for
every other provision, and thus the provisions of this Agreement are intended to be non-
modifiable by the Court.
24. ADDITIONAL INSTRUMENTS, Each of the parties shall from time to time at
the request of the other execute, acknowledge and deliver to the other party all further
instruments that may be reasonably required to give full force and effect to the provisions
of this Agreement.
25. MODIFICATION AND WAIVER. The modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with
the same formality as this Agreement. The failure of either party to insist upon strict
perfOlmance of any of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature.
26. SITUS. This Agreement shall be construed and governed in accordance with the
laws of the State of North Carolina.
Agreement shall be binding upon the respective heirs, next of kin, executors and
administrators of the parties.
,

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IN WITNESS , the parties have hereto set their hand and seals in
duplicate originals, each of which shall constitute an original, as of the day and year first
above written.
'---_ (SEAL)
VANDE
.
AN DE LEON
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COUNTY OF DURHAM
I, _--1.l.LC,&t",,-,-,,' OJ'f-'-V1-'-'lli"' .... w"-"'-"'-Ol..""vt'-"-l_s: __ , a Notary Public, do hereby certify that
DANA L. KIRV AN DE LEON personally appeared before me this day and
acknowledged the due execution of the foregoing Mediated Separation and Property
Settlement Agreement.
WITNESS my hand and notarial seal, this the () day
My Commission Expires:
lOISOY
COUNTY OF DURHAM
,
,
NOTARY
LEIGH EDWARDS
NOTARY O'
COUN I'
1,_ __ , a Notary Public, do hereby certify that
JUAN CARLOS DE LEON personally appeared before me this day and acknowledged
the due execution of the foregoing Mediated Separation and Property Settlement
Agreement.
WITNESS my hand and notarial seal, this the & day of
NOTARY PUBLIC
LEIGH EDWARDS
NOTARY PUBLIC NORTH CAROLINA
COUNTY OF DURHAM
,2008.
Page 17
WILLIE L. COVINGTON
200 E. MAIN STREET
DURHAM, NC 27701
**************************************.*********************************************************************-**_._._----
Filed For Registration: 06/10/200803:31 :41 PM
Book: RE 5981 Page: 266-284
SEP-A 19 PGS $65.00
2008023829
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Durham County
DE PAZ
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NORTH CAROLINA
FOR OF DEEDS
Ie . CovIngton
DURHRM COUNTY NC
2007 SEP 26 1157 48 AM
BK.5753 PG. 504-522 FEE. $65.00
N5.$25.00
,
ORANGE COUNTY PROPERTY DIV SION AND SEPARATION AGREEMENT
l,.\S . 'R' 1 t:::)
tA:: TO', v\I, )e I f>r:\ {..W
IS roperty Division and Separation Agree ent, made and entered mto as of this
of1COMi Q!ft i 1 , 2006, by and between Erika W. DePaz, the party of the first part, hereinafter
called Wife, a resident of Orange County, North Carolina, social security number , and
Roberto A. DePaz, the party of the second part, hereinafter called Husband, a resident of Orange
County, North Carolina, social security number ,
. WITNESSETH:
WHEREAS, the parties hereto were lawfully married to each other on or about May 27,
2000, in Richland County, South Carolina, and lived together as Husband and Wife until on or about
. .
July 1,2006, at which time they intend to separate one from the other with at least one of the parties
intending to continuously live separate and apart; and
WHEREAS, there was one (I) child born of the marriage of the parties, namely. Savannah
Catherine DePaz, born October 13, 2003, social security number ; and
WHEREAS, various unfortunate and unhappy difficulties, disputes and differences have
arisen between the parties, as a result of which they are no longer able to live together in peace and
harmony, and it is, therefore, necessary for the health, happiness and well-being of both parties that
they shOUld continue to live separate and apart from each other; and
WHEREAS, the parties mutually have decided and agreed to live separate and apart for the
remainder of their natural lives, terminate the marriage relationship, and each go her or his way
unmolested by the other, both understanding and agreeing that either party may apply to a court of
competent jurisdiction for an absolute uncontested divorce at such time as the parties have
continuously separated for one year or more on the grounds of mutual separation ofthe parties; and
WHEREAS, the said parties desire to enter into this Property Division and Separation
Agreement (hereimifter "this Agreement") for the purpose of confinning their mutual separation,
settling their property rights, and making arrangements in connection therewith; and
WHEREAS, both parties fully understand the terms, conditions and provisions of this
Agreement, and believe and agree that the same are just, fair, adequate and reasonable in all respects;
NOW, THEREFORE, to that end, and for and in consideration of the mutual covenants,
promises, and agreements herein declared and set forth, the parties hereto agree as follows.
I. SEP ARA TI 0 N: From and after the date of this Agreement, both parties shall
henceforth live wholly separate and apart from each other, and it shall be lawful for each to live
separate and apart from the other and to continue to so live and reside and associate from time to
time, at such place or places, with such person or persons, as either such party shall see fit, as if such
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parties were sale and unmarried; and to conduct, carry on, and engage in.any employment, trade or
business as either party may deem fit, all for the separate use and benefit of such party, and all free
from any control, restraint, authority or interference, directly or indirectly, by the other, in all
respects, as if such parties were sale and unmarried; and further, each party will contract in the
future, and be contracted with, independent of the other, and neither party shall be liable for any
debts or obligations incurred by the other, nor shall either party contract any debt for which the other
shall be liable.
, 2. NON-MOLEST A nON: Neither party shall molest or bother the other, directly or
indirectly, nor compel, nor attempt to compel the other to cohabit or live with her or him in any way
whatsoever, nor shall either interfere in any way with the other's right to live at such place or places
as she or he shall see fit, or with such other person or persons as she or he shall see fit.
3. RELEASE OF PROPERTY AND ESTATE RIGHTS:
(a) The Wife, for herself, her heirs, executors, administrators, and assigns, hereby
releases and relinquishes unto the Husband, his heirs, executors, administrators, and assigns, all right
of future support, all right of dower, inheritance, descent and distribution, and right to descent to his
,Will and any and all other rights arising out of the marriage relationship, except as may be
specifically provided hereafter in this Agreement, and to any and all property, interest in property,
real, personal, and mixed, now owned or hereafter acquired by Husband, and hereby agrees that
Husband may henceforth acquire, hold, manage, alienate, lease and convey his said property without
her knowledge, further consent, or joinder, in accordance with the provisionsofN.C.G.S, 39-13.4,
just the same as if she had never been married to him, and further, does hereby release, relinquish,
and renounce any and all right to administer upon his estate.
(b) The Husband, for himself, his heirs, executors, administrators, and assigns, hereby
releases and'relinquishes unto the Wife, her heirs, executors, administrators, and assigns, all right of
curtesy, inheritance, descent and distribution, and right to descent to her Will and any and all other
rights arising out of the marriage relationship, except as may be specifically provided in this
Agreement, and to any and all property or interest in property, real, personal and mixed, now owned
or hereafter acquired by Wife, and hereby agrees that Wife may henceforth acquire, hold, manage,
alienate, lease and convey said property without his knowledge, further consent, or joinder, in
accordance with the provisions ofN.C.G,S, 39-13.4,just the same as ifhe had never been married
to her, and further, does hereby release, relinquish, and renounce any and all right to administer upon
,her estate,
(c) It is agreed on the part of each party hereto that in the event of a sale, transfer, or other
conveyance of property, real, personal, or mixed, now owned or hereafter acquired by either party, if
it should become necessary to guarantee or pass good title thereto, that the other party to this
Agreement should be called upon to execute any deed, conveyance, bill of sale, or other legal
instrument concerning the dealing in such property, then in such event the other party to this
2

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Agreement agrees to and will sign any instrument or conveyance which may be reasonably required
to perfect title in the party to whom it is sought to be conveyed and it is covenanted and agreed
between the parties that each of them shall and will, at any time or times hereafter, make, execute
and deliver any and all such other and further assurances as either of said parties shall reasonably
require for the purpose of giving full effect to this Agreement and to this covenant, so long as no
obligation is thereby imposed upon the party whose signature is sought by the other.
(d) This provision shall not apply to any Social Security benefits the parties may have by
reason of their marriage to each other or to any real property retained by the parties as tenants by the
entirety so long as said estate by entireties or as tenants in common continues.
"._--'.
4. MODIFICATION: This Agreement can be altered, amended or modified by further
written agreement duly executed by the parties. Any failure by either party to specifically perform or
to enforce performance exactly according to the letter of this Agreement shall not constitute an
alteration of the same by way of enlargement, reduction, estoppel or otherwise, unless confirmed in
writing by the parties. It is understood that the parties may by mutual agreement make temporary
modifications from time to time as conditions require and that this Agreement shall nonetheless be
binding upon the parties as written, except in the event of a material breach.
5. PLACE OF RESIDENCE: Each party shall at all times keep the other informed of
his or her place of rcsidence and shall promptly notifY the other of any change, giving the address of
the new place of residence until the minor child of the parties attains the age of eighteen (18) or
. graduates from high school, whichever is later.
6. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties, and there are no representations, warranties, covenants, or undertakings other than those
expressly set forth herein. Either party shall have the right to compel the perfollnance of the
provisions ofthis Agreement by suing for the breach thereof in the courts where jurisdiction of the
parties and subject matter exist. In the event either party believes the other to be in default ofthis
Agreement, he or she shall give the other party notice in writing of such alleged default, and the party
given such notice shall have five (5) days thereafter to cure the alleged default. If the alleged default
is not cured within the five (5) days, the party claiming such default shall be free to proceed as
provided by law. .
7. PARTIAL INVALIDITY: Ifany part or parts of this Agreement shall be rendered
null and void or of no effect for any reason, all of the remaining parts of this Agreement, whether the
same shall be considered executed or executory, shall remain in full force and effect and shall be
binding upon the parties hereto and the same shall not be considered to be revoked, amended or
invalidated.
8. BINDING EFFECT: The parties hereto agree that this Agreement shall be binding
upon the parties and their respective heirs, executors, administrators, successors and assigns. .
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9. CHILD CUSTODY, PHYSICAL CUSTODIAL TIME-PERIODS, AND
SUPPORT:
(a) Child Custody and Physical Custodial Time-periods: It is agreed that Wife and
Husband shall have joint legal custody of the child born to the marriage. It is further agreed that the
Wife shall have the primary physical care, custody, and control of the child born to the marriage.
The Husband shall have the physical custody of the child as set forth below. At all other times, the
minor child shall reside in the physical custody of the Wife. The parties agree that this aITangement
will be re-evaluated between June 1 and June 30, 2007, with any changes made to this schedule to
take effect July 1,2007.
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(i) Regular Weekends: Except for the periods of summer vacation and holidays
as set forth below and except for what may otherwise be mutually agreed upon between the parties,
beginning July 1,2006, and continuing every other weekend thereafter, from after school or daycare
on Friday until between 5:00 PM and 7:00 PM the Sunday thereafter, unless the parties mutually
agree otherwise in advance.
(ii) Regular Weekdays: Except for the periods of summer vacation and holidays
beginning Monday, July 3, 2006, and continuing every week thereafter, on Tuesday from after school
or daycare overnight until drop off at school or daycare on Wednesday mornings and on Thursday
from after school or day care until 7:00 PM.
(iii) Holidays: Notwithstanding the regular weekend and weekday physical
custodial time-periods set forth above or the summer vacation set forth below, the parties each shall
be entitled to celebrate the following holidays with the minor child. The below holiday schedule
supersedes and takes precedence over the regular weekend, regular weekday and summer vacation
physical custodial time-periods set forth in this paragraph 9(a). Following the end of each holiday,
the regular weekend and weekday schedule set forth above shall resume without interruption. The
resumption of those schedules without interruption may result in a party having time with the minor
child in excess of the time set forth in the regular weekend and regular weekday physical custodial
time-periods but in an effort to create an atmosphere of predictability for the minor child and the
parties, it is best not to alter the regular weekend and weekday physical custodial time-periods.
(A) Christmas and New Year's EvelDay: In every odd-numbered year,
the Husband shall have the physical custody ofthe minor child from 9:00 AM on December 24 until
I :00 PM on December 25 and the Wife shall have the physical custody of the minor child from 1:00
PM on December 25 until 7:00 PM on January I. In every even-numbered year, the Wife shall have
the physical custody ofthe'minor child from 9:00 AM on December 24 until I :00 PM on December
25 and the Husband shall have the physical custody of the minor child from I :00 PM on December
25 until 7:00 PM on January I.
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(B) Martin Luther King, Jr. Dav: In every odd-nwnbered year, the
Husband shall have the physical custody ofthe minor child for the MLK, Jr. holiday. In every even-
numbered year, the Wife shall have the physical custody of the minor child for the MLK, Jr. holiday.
The holiday shall constitute Sunday at 7 :00 PM until Monday at 7 :00 PM.
(e) Easter: In every even-numbered year, the Husband shall have the
physical custody of the minor child to celebrate the Easter holiday. In every odd-numbered year, the
Wife shall have the physical custody of the minor child to celebrate the Easter holiday. The holiday
shall constitute the full holiday weekend from after school or child-care program on Thursday until
drop off at school or child care program on Tuesday morning.
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(D) Memorial Day: The Wife shall have physical custody of the minor
child each year to celebrate the Memorial Day holiday. The holiday shall constitute the full holiday
weekend from after school or child-care program on Friday until drop off at school or child-care
program on Tuesday morning.
(E) 4th of July and Summer Break from Daycare: In every odd-
numbered year, the Husband shall have the physical custody of the minor child for the 4th of July
holiday and summer break from child-care program. In every even-numbered year, the Wife shall
have the physical custody of the minor child for the 4th of July holiday and summer break from child-
care program. The parties agree to re-evaluate the summer schedule when the minor child begins
attending school.
(F) Labor Day: The Husband shall have physical custody of the minor
child each year to celebrate the Labor Day holiday. The holiday shall constitute the full holiday
weekend from after school or child-care program on Friday until drop off at school or child-care
program on Tuesday morning.
(0) Savannah's Birthday: In every even-numbered year, the Husband
shall have physical custody of the minor child from 1:00 PM on October 12 until I :00 PM on
October 13 andthe Wife shall have physical custody of the minor child from I :00 PM on October 13
until I :00 PM on October 14,. In every odd-numbered year, the Wife shall have physical custody of
the minor child from 1:00 PM on October 12 until 1:00 PM on October 13 and the Husband shall
have physical custody of the minor child from I :00 PM on October 13 until I :00 PM on October 14.
(H) Thanksgiving: In every odd-numbered year, the Husband shall have
the physical custody of the minor child for the Thanksgiving holiday from after school or daycare on
the Wednesday before Thanksgiving through 7:00 PM the. Sunday immediately following
Thanksgiving. In every even-numbered year, the Wife shall have the physical custody of the minor
child for the Thanksgiving holiday from after school or daycare on the Wednesday before
Thanksgiving through 7:00 PM the Sunday immediately following Thanksgiving.
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(I) Mother's DaylFather's Day: The minor child shall be with the
honored parent from 9:00 AM to 6:00 PM on Mother's Day and Father's Day every year.
(iv) Summer Vacation: Once the minor child begins attending school, and
notwithstanding the regular weekend and weekday physical custodial schedule, the parties each shall
be entitled to one uninterrupted seven (7) day period with the minor child each year during the
child's summer break from school (June, July, August), The parties shall each select his'or her
vacation period by exchanging desired weeks with each other in writing on or before May 15
th
of
every year. In the event there is a conflict in the parties' selections for the period of vacation and the
parties cannot mutually agree for one party to select another vacation period, the parties shall flip a
c o ~ and the winner of the coin toss shall have"the first opportunity to select the first vacation period,
,the loser of the coin toss will then select the next vacation period. All vacation periods must begin
on the first day of the vacationing party's regularly scheduled weekend with the minor child unless
otherwise mutually agreed between the parties in writing, The parties may not extend the seven-day
period by attaching it to their regularly scheduled weekday, weekend or holiday time with the child,
Following the end of the vacation period, the regular weekend and weekday physical custodial
schedule set forth above shall resume without interruption, The resumption of this schedule without
interruption may result in a party having time with the minor child in excess of the time set forth in
paragraphs 9(a)(i) and 9 (a)(ii), but in an effort to create an atmosphere of predictability for the minor
child and the parties, it is best not to alter the regular weekend and weekday physical custodial
schedule,
. (b) Visitation Transportation: Unless otherwise mutually agreed between the parties,
the Husband shall be solely responsible for transporting the minor child to and from the Wife's home
for all of his physical custodial time outlined in paragraph 9(a) above,
(c) Relocation: The parties agree and acknowledge that there is a close relationship
between the child and the Wife and between the child and the Husband, and that it is in the best
interest of the child and necessary for her welfare and development that she have the benefit of input
from both parents on a frequent and regular basis and the opportunity for such input is provided by
the tellllS of the custodial arrangement herein, Any change in the custodial arrangement that would
reduce substantially the opportunity for the child to have regular and frequent personal contact with
both parents would be contrary to the best interest of the child. In the event that one of the parents
should elect to relocate out of the area such that the custodial schedule outlined in Paragraph 9(a)
above, the parties shall attempt to negotiate necessary changes to the custodial schedule between
themselves or through mediation prior to initiating litigation, The parties further agree to provide as
much notice to the other party as possible in the event that a relocation requiring changes to the
custodial schedule arises, in order to provide adequate time to negotiate such changes prior to any
anticipated relocation taking place.
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(d) Child Support:
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(i) Financial Support: Beginning on the first day of September, 2006, and
continuing on the first of each and every month thereafter, the Husband shall pay the sum of One
Thousand Three Hundred dollars ($1,300) per month directly to the Wife to be utilized for the
support and maintenance of the minor child, In negotiating the amount of child support, the parties
have taken into accountthe estates and income of the parties and the needs ofthe minor child, At the
present time, the Husband is employed full-time at Alpha Vax as a research scientist, with gross
earnings of approximately Seven Thousand One Hundred Ninety dollars ($7,190) per month and the
Wife is employed full-time as a contract cmployee as a research scientist (six month telln), with
gross' earnings' of approximately Twenty-Orie Dollars ($21,00) per hour for a: fortY hour work-week,
The work-related child'care expenses for the minor child are approximately Eight Hundred Eighty
dollars ($880) per month and the major medical and health insurance premium for the minor child is
approximately One Hundred dollars ($100,00) per month, The Husband further has the opportunity
to earn bonuses through his employment. In the event that the Husband receives a bonus, he shall
pay to Wife ten percent (10%) of the gross sum received within 5 days of having received the same,
Thc Husband shall make a good faith effort to earn all bonuses that he has the opportunity to receive,
Until such time as the marital residence is sold, and as long as the Wife continues to
reside in the marital residence, the Husband shall pay the sum of One Thousand One Hundred
Dollars ($1, I 00) per month in child support
The amount of child support paid by the Husband shall be periodically reassessed to
include income from second jobs, loss of employment, and changes in child-care expenses,
The Husband's obligation to provide this monthly support shall terminate when the
minor child attains the age of 18 except:
-lfthe child is otherwise emancipated, payments shall terminate at that time;
-If the child is still in primary or secondary school when the child attains age
18, support payments shall continue until the child graduates, otherwise ceases to attend school on a
regular basis, or attains age 20, whichever comes first, unless a court of competent jurisdiction in its
discretion orders that payments cease at age 18 or prior to high school graduation; or
-If the child is mentally or physically incapable of self-support upon attaining
the age of 18, support payments shall continue until the child attains the age of 20 or becomes
capable of self-support, whichever first occurs,
(ii) Health Care and Major Medical Insurance: The Husband shall continue to
maintain health care and major medical insurance on behalfoftheminor child as long as his child
support obligation set forth in paragraph 9(d)(i) above continues, All un-reimbursed medical
expenses, including all deductibles, incurred on behalfofthe minor child shall be paid by the parties
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equally: 50% by the Husband and 50% by the Wife. For the purposes of this paragraph "medical
expenses" shall include health care, medical care, eye care, dental care (including orthodontia) and
mental health care (including therapy and evaluation).
Promptly following the signing of this Agreement by both parties, the
Husband shall provide the Wife with an insurance identification card, insurance booklet, and claim
forms. Either party presenting the minor child for medical or dental treatment shall promptly
thereafter provide to the other party a copy ofthe statement for such service, including a description
ofthe services rendered, and shall also file a claim for insurance where applicable. The other party
shall reimburse the first party for his or her share of the medical expenses within five (5) days of the
servIC"e by the medical provider. Upon receiving an explanation of benefits or other information
from the insurance carrier pertaining to any claim, that party shall promptly provide a copy of same
to the other party. All insurance proceeds based upon a claim for services rendered to the minor
child shall be paid over promptly to the medical provider or, if the medical provider has been paid, to
reimburse the party or parties (in proportions paid) who had previously paid medical provider.
(iii) Life Insurance: The Husband and Wife shall each maintain for the benefit of
the child of the marriage a life insurance policy in the ainount of at least One Hundred Thousand
Dollars ($100,000). The beneficiary of each policy shall be the other party as trustee for the minor
child. Said policies are to be kept in effect until such time as the minor child attains the age of 18 or
graduates from high school, whichever is later, or the age of twenty-two (22) if the child is enrolled
in an educational facility as a full-time student, after which time the parties' obligations under this
paragraph shall cease and terminate.
(iv) College Expenses: The Husband and Wife shall each provide fifty percent
(50%) of the funds required to defray or cover the ordinary and necessary college expenses for the
minor child, including but not restricted to: tuition, fees, books, transportation, housing, meals, dues
and other ordinary and necessary expenses of a four-year college education. The parties' obligation
under this paragraph shall not exceed the average annual cost for an in-state resident to attend a state-
supported college or university in any state for which the minor child may qualifY for in-state tuition,
and shall also be contingent upon the child's making satisfactory academic progress (i.e. not being on
academic probation). The parties' obligation under this paragraph shall cease when the minor child
completes a four-year college education or attains the age of twenty-two (22), whichever is later.
(v) Extracurricular Activities. The Husband and Wife agree to share equally
the costs incurred for any extracurricular activities of the minor child.
(e) Te.lephonic and E-Mail Communication: Beginning immediately, the non-physical
custodian shall have the right to telephone and/or contact the minor child at the physical custodian's.
home on a regular basis. All telephone communication shall take place at reasonable hours, taking
into consideration the age, school schedule and other activities of the minor child. If either party
takes the minor child to stay overnight at a place other than his or her home, that party shall notifY
8

the other party and shall telephone the other party during such time period to enable the non-physical
custodian to speak to the minor child via telephone.
Nothing in this Agreement requires either party to provide at his or her expense,
computer and e-mail access to the child. If one party wants e-mail access to the minor child and such
e-mail access is not already available to the minor child, the party wanting such e-mail access may at
his or her own expense provide for the child the tools necessary and the other party shall not in any
way thwart the child from utilizing the same. All telephone and e-mail communication between the
minor child and each party shall be unsupervised and private.
(f) Concerning the Child's Welfare Further:
(i) The parties shall cooperate effectively and consistently with each other toward
the best interest of the child.
(ii) The parties shall share joint decision-making regarding major decisions for the
child's education, health care, religious training and general welfare. The parties shall enter into
discussions regarding major decisions for the child in good faith and shall make every effort to reach
a mutual decision for the child's best interests.
(iii) When the child is in the physical custody of either party, that party shall have
the right to make and shall have the responsibility for making the minor, day-to-day and routine-type
decisions in connection with the child. Both parties shall keep the child in a clean, wholesome and
appropriate environment at all times when in his or her care, free from the use of illegal drugs,
excessive use of prescription drugs, excessive use of alcohol or from any condition hazardous to the
welfare of the child.
(iv) Neither party shall schedule extracurricular activities for the minor child or
commit the minor child to participate in extracurricular activities during the other party's period of
physical custody without the prior, written consent of the other party. Further, unless otherwise
mutually agreed in writing, except for "show-like" events (i.e. soccer garnes, recitals, plays, etc.), the
routine activities (i.e. soccer practice, music lessons, etc.) of the minor child shall be attended only
by the physical custodial parent. All "show-like" events (i.e. soccer games, recitals, plays, etc.) may
be attended by either or both of the parties, each party deciding in his or her discretion as to whether
he or she shall attend.
(v) The parties shall timely advise each other of the child's grades, progress in
school, health and welfare. Each party shall be given direct access to the child's medical, dental and
school records and reports and each party shall be responsible to obtain copies of such records and
reports on his or her own accord. Further, both parties may attend "show-like" events at school. If
the minor child is not required by the school to participate in the school event, however, the physical
custodian on the day of the event shall decide whether the minor child will attend such an event.
9
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, (vi) Each party shall have direct access to the child's doctors, dentists, teachers and
any other individual directly related to the well-being of the minor child and, except for the parties
having to notify each other of the minor child's medical care providers and enrollment in school,
each party shall be responsible to contact on his or her own initiative any individual directly related
to the well-being of the minor child.
,
(vii) Both parties shall keep the other infonned of the health of the minor child.
The parties shall promptly inform the other party of any serious illness and/or injury to the child that
requires medical attention. Absent the minor child's hospitalization or the minor child being
c()nfined to bed by Written doctor's instructions, the minor child's health shall not be a basis for non-
exchange of physical custody between the parties at the times set forth in paragraph 9(a). Both
parties shall provide each other with any medications that the child is taking at the time of the
transfer of the child. Both parties shall provide each other with sufficient information to allow the
other party to obtain rcfills of that medication.
(viii) Each party will act in every respect so as to nurture and encourage the respect
and affection of the minor child for each of her parents and each of her parents' families. Neither
party shall disparage, nor permit third parties to disparage, the other party or his or her family in the
presence or hearing of the child or communicate his or her dissatisfaction with the other party
through the minor child.
10. COVENANT OF FULL DISCLOSURE: Each party covenants with and represents
to the other that she or he has made a full and fair disclosure of all property and interest in property
owned or believed to be owned by her or him. If it be determined that a party did not disclose the
existence of a correct valuation for property and/or interest in property owned or believed to be
owned by her or him, the parties agree that said property, or the value thereof as of the date of this
Agreement or as of the date of distribution (whichever is greater), shall be divided equally'between
the parties. The person to whom the correct valuation and/or interest in property was not disclosed
shall make the decision as to whether he/she receives one-half of the property or one-half of the
value of the property described above. The parties further agree that the property distributions set
forth in this Agreement are fair and equitable and satisfy all of the requirements of the North
Carolina laws of equitable distribution.
I I. PROPERTY DIVISION AND SETTLEMENT: It is the intent and the desire of
the parties to make an equitable distribution and partition of their jointly-owned, marital and
divisible assets and liabilities and they do hereby agree to the following equitable distribution and,
partition:
(a) MARITAL RESIDENCE: The parties currently own as tenants by the
entirety the marital residence located at 204 Yorktown Drive, Chapel Hill, Orange County, North
10

Carolina.
(i) Possession of Marital Residence. The parties have agreed that the
Wife shall have the sole possession of and the right to reside in the marital residence until such time
as the parties sell the residence to a third party. Neither the Husband nor his relatives or friends shall
be permitted to use or enter upon the marital residence or its surrounding property unless granted the
prior, written permission by the Wife.
(ii) Sale of the Marital Residence. Husband and Wife agree that all
reasonable effort will be made to place the marital residence on the market for sale by January 31,
2.007. 'Anycosts incurred in p r e p r i n ~ the residence for sale or for the sale of the residence shall be
borne equally by the parties. The net proceeds from the sale of the residence shall be divided equally
between the parties.
(iii) Maintenance of the Marital Residence. Until such time as the
marital residence is sold to a third party, the parties shall timely pay the monthly mortgage payment
(which includes the property taxes and homeowner's insurance), with each party paying one-half of
the payment. The parties agree that neither party shall further encumber the marital residence
without the express, written consent of the other party and agree that each party shall indemnity and
hold the other party harmless for any such further encumbrance. During the aforesaid time-period,
the parties shall pay equally for routine maintenance and repair of the marital residence, household
equipment and appliances. . .
(iv) Major Repairs and Fixing Up Expenses. Any single repair or
maintenance of the marital residence which costs in excess of $1 00 shall be deemed a major repair
and not a routine expense. The parties shall each pay fifty percent (50%) of any and all such major
repair expenses. In the event neither party has the funds available at a time when a major repair is
immediately necessary, the parties shall obtain ajoint loan and each party shall pay one-half of the
regular payments due thereon. In the event only one party is unable to afford the expense at a time
when a major repair is immediately necessary, that party shall either:
(A) Take out a sole loan to pay the hecessary expense; or
(B) If the other party is able to pay the total sum necessary for the

repair, that party shall pay the expense of the repair and the other party shall reimburse him or her, as
the case may be, for his or her one-half share (plus any interest incurred as a result of such situation)
at a monthly rate to be agreed upon between the parties until paid in full or until the closing on the
sale to a third party, at which time this debt should be paid in full from the debtor's share of the net
proceeds of the sale.

11

(b) VEHICLES.
(i) 1996 Mercury Sable. The Wife shall retain as her sole and separate
property the 1996 Mercury Sable currently in her possession. There currently is no lien on the
vehicle. The Husband shall immediately sign any documentation presented to him that may be
necessary to transfer the title of said vehicle into the Wife's sole name.
(ii) 1997 Saturn. The Husband shall retain as his sole and separate
. property the 1997 Saturn currently in his possession. There currently is no lien on the vehicle. The
Wife, shall immediately sign any documentation presented to her that may be necessary to transfer the
-------
title of said vehicle into the Husband's sole name.
(c) CASH AND INVESTMENT ACCOUNTS. The Husband shall retain as his
sole and separate property the checking and savings accounts currently held in the parties' joint
names. The Husband shall disburse to the Wife one-half of the funds held in said accounts prior to

removing her name therefrom. Upon receiving her share of the funds maintained in said accounts,
the Wife shall sign any necessary documents in order to remove her name from the accounts. The
Wife shall retain as her sole and separate property the State Employees Credit Union account
currently held in the parties' joint names. The Wife shall distribute to the Husband one-half of the
funds held in said account prior to removing his name therefrom. Upon receiving his share of the
funds maintained in said account, the Husband shall sign any necessary documents in order to
remove his name from the account.
The Husband and Wife shall each retain as his or her separate property any and all
checking accounts, savings accounts, money market funds and any other non-retirement investment
funds currently maintained in his or her individual name or for his or her individual benefit. Neither
party now has, nor in the future shall have, any claim to such property in the possession of or .
maintained for the benefit of the other party. Further, the Wife shall maintain as her sole and
separate property the investment account established in her separate name by her parents and the
money market account established with an inheritance from her grandparents ..
(d) PENSION, RETIREMENT AND IRA ACCOUNTS. HuslxmdandWIre
each have retirement accounts held in his or her separate name. The Wife shall receive a distribution
of one-half of the funds accrued in the Husband's retirement account from the date of marriage
through the date of separation, plus or minus any growth or loss thereon from the date of separation
through the date of distribution. The distribution shall be a tax-free transfer ofa marital asset, to be
effected by entry of a Qualified Domestic Relations Order, if necessary. The funds so distributed
shall be transferred from Husband's retirement account directly to a retirement account in Wife's
name.
(e) ALL OTHER PROPERTY. The parties have heretofore equitably divided
any and all property, including personal property, acquired by them, or either of them, during the
12
,
,
marriage, except as provided below. Neither party now has, nor in the future shall have, any claim to
any such property in the possession of, or maintained for the benefit of, the other party, other than the
property sct forth below. Both parties hereby and forever waive any claim he or she may have to a
court-ordered equitable distribution of the marital property between the parties in accordance with
the provisions of North Carolina law or the law of any other State in the United States.
The parties have not yet divided the large appliances such as the washer and dryer and
refrigerator and the items presently stored in the shed at the marital residence, The parties shall
divide such property as mutually agreed between them, In the event that the parties are unable to
agree upon the division of such property, the property shall be distributed as follows: The parties
. . .
shall prepare a full and complete list of all remaining property to be divided. The parties shall then
toss a coin, The party who wins the coin toss shall be entitled to make first selection of one item of
property from the list to be distributed to him or her, The other party shall then make his or her
choice of one item, Regarding items that were purchased or routinely maintained as a "set," such as
glassware or flatware, all of those such items shall constitute one item for distribution purposes, The
parties shall alternate selecting items from the list until all of the items have been distributed. Both
parties agree that this method of distribution shall be a final and binding distribution of such property
and stipulate that this method of distribution is fair and equitable.
12. DEBTS:
(a) Joint Accounts:
(i) Cellular Telephone Contract. The parties have a joint cellular
telephone plan with approximately one and one-half year remaining for the contract term. Each party
shall pay one-half of this debt and any overage or other fees incurred for his or her own use of the
cellular telephone until such time as the parties agree to terminate the contract. If the parties
terminate the contract prior to the expiration date and fees or penalties are incurred for such action,
each party shall be responsible for payment of one-half of such fees or penalties, unless otherwise
agreed between the parties in writing,
(ii) Automobile Insurance. The parties currently have a'joint insurance
plan for their automobile coverage, Each party shall be responsible for payment of the premium
related to his or her own vehicle until such time as the parties shall obtain separate insurance
policies.
(b) Separate Accounts:
(i) The Wife shall be solely responsible for the timely payment of all
credit card debt in her separate name, indemnifYing and holding the Husband harmless for.
any claims thereon,
13

(ii) The Husband shall be solely responsible for the timely payment of all
credit card debt held in his separate name, indemnifYing and holding the Wife harmless for
any claims thereon.
(c) The Husband and Wife shall establish his or her own separate debt accounts.
Neither party shall hereafter charge, or cause, or permit to be charged to or against the other, any
purchase which either he or she may hereafter make, and shall not hereafter create any engagement
or obligations in the name of or against the other party and shall never hereafter secure or attempt to
secure any credit upon or in connection with the othcr party or in his or her name; and each of them
will promptly pay all debts and discharge all financial obligations which he or she may incur for
hiiriself or herself and will hereafter hold the ather party free and harmless and indemnifY the other
party from any and all subsequent debts, obligations or liabilities which each may incur or sustain.
13. TAX FREE EXCHANGE: The parties believe arld agree that the division of
property heretofore made by this Agreement is a nontaxable division of property between co-owners
under I 041 of the Internal Revenue Code of 1986 and successive provisions rather than a taxable
sale or exchange of property. Each party covenants not to take any position with respect to the
adjusted basis of the property assigned to him or her that is inconsistent with this provision in his or
her federal 'Ot state tax return.

14. INCOME TAXES: Beginning in the tax year 2007, the parties herein shall file
separate and individual income tax returns. Further all tax exemptions, credits and benefits available
under the Internal Revenue Code pertaining to the child of the marriage will be split between the
parties equally or the parties will alternate receiving exemptions, credits and benefits.
Alternatively, the parties may elect to file joint federal and state income tax returns for
any taxable period in which they mutually agree to do so and in which it is legal to do so under the
Internal Revenue Code and applicable state law. In the event that the parties elect to file joint tax
returns, the parties shall furnish such information and assistance to each other as is required for the
accurate completion of such returns, and both of the parties shall execute such returns. The Husband
and Wife shall each compute his or her own federal and state income tax liability using his or her
own wages and other profits, earnings and other items of income for the tax year involved, taking
into account the deductions and exemptions attributable to him or her, and using the appropriate tax
rate .. The Husband and Wife shall each become liable for a percentage of the federal and state
income tax liabilities shown on the joint returns, computed by respectively comparing his or her
individual federal and state income tax liabilities as if filing separately to the sum of Husband's and
Wife's federal and state income tax liabilities if they file jointly. The parties shall share any refund
or responsibility for any deficiency computed in accordance with the formula hereinabove set out,
crediting to each the amount withheld from his or her earnings and the amount of estimated tax paid
by each, if any. Any refunds from prior year returns applied to taxes for the current year shall be
allocated and credited in accordance with the formula hereinabove set forth. The obligations of the
,
parties for the payment of additional assessments, interest or back taxes, with respect to all joint tax

14

"
retums filed in the future, shall be determined in accordance with the formula hereinabove set out;
provided, however, that neither party shall be liable for any taxes, penalties or interest relating to the
income, deductions or omissions of the other party, and each party hereby indemnifies and holds
harmless the other party for any such assessment or other expenses incurred in connection with such
assessment.
The parties may also elect to file separate income tax retums, in which event each party shall
be responsible for his or her own taxes, and the provisions in the above paragraph relating to the
liability and cross indemnifications by and for each party shall also apply in such event.
15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any further instrument that
may be reasonably required to give full force and effect to the provisions of this Agreement.

16. WAIVER OF POST-SEPARATION SUPPORT AND ALIMONY: Each party
hereby acknowledges that he or she is not dependent upon or in need of maintenance and support
from the other party and he or she hereby waives all claims against the other party for post-separation
support or for alimony or any other financial maintenance. It is understood and agreed that this
settlement is the total and complete release of each party by the other and all matters and charges
whatsoever in the nature of post-separation support and alimony.
17. INTEGRATION: All of the provisions contained in paragraphs 10 through 16 are
inseparable from each other and are mutually dependent upon each other, and each paragraph is
respectively given as a reciprocal consideration-for all of the other paragraphs. It is the intent ofthe
parties that these numbered paragraphs be integrated with each other. Excepting only these
paragraphs specifically designated as being integrated, all of the remaining paragraphs of this
Agreement are independent and completely separable, and if any of these non-integrated and
separable provisions is held to be invalid or unenforceable, or is subsequently modified, then all of
the remaining independent and separable provision of the Agreement shall, nevertheless, continue in
full force and effect.
18. RECONCILIA TION:' In the event the Husband and Wife end their separation by
reconciliation and resumption of marital cohabitation, the executory provisions of this Agreement
shall be thereby canceled and rescinded, but all provisions hereof which have been executed or
partially executed at that time, shall, to the extent of complete pcrfOimance, continue in full force
and effect unless and until they are canceled or rescinded in a written agreement duly signed by both
Husband and Wife in the same formality as this Agreement.
19. SUBSEQUENT DIVORCE: This Agreement is unconditional and shaH survive any
subsequent divorce decree obtained by either party, and no such decree shall terminate, modify or
otherwise affect the rights and obligations provided for herein. This Agreement shall not be
incorporated into any divorce decree obtained by either party.
15
,

,
20. VOLUNTARY EXECUTION: Each party acknowledges that this Agreement is
entered into of his or her own free will and volition and that no coercion, force, pressure or undue
influence has been used against him or her, either by the other party hereto or by any other person or
persons in the execution of this Agreement. Neither party has relied upon any representation or
promise in making this Agreement except those expressly set forth herein.
21. WAIVER OF GRIEVANCES: Any conduct on the part of either party occurring
prior to the execution of this Agreement which may have constituted a basis for any legal claim by
either party against the other party is hereby waived and released and will not be used by either party
againsfthe other party in any future proceeding between them.
22. WAIVER REGARDING THIRD PARTIES: The Husband and Wife hereby
release any and all third parties from any and all claims based upon any pre-separation or post-
separation conduct of any third parties insofar as such conduct may form the basis of any claims
against a third party for alienation of affections, criminal conversation or intentional or negligent
infliction of emotional distress and each party hereby releases any and all third parties from all such
claims. With respect to any claims for alienation of affection, criminal conversation or intentional or
negligent infliction of emotional distress, it is the intention of the parties that any such third party as
may be designated as a defendant in any such action shall benefit directly fr:om this release and shall
be deemed a third party beneficial of the release contained in this paragraph, and shall have the right
to enforce this provision on his or her own behalf.
23. .JURISDICTlON: Each party hereby submits herself or himself to the jurisdiction of
the courts of the State of North Carolina in any fulure action brought by either party to enforce the
provisions of this Agreement. .
24. SITUS: All matters affecting the interpretation of this Agreement and the rights of
the parties'hereto in relation to this Agreement shall be governed and controlled by the laws of the
State of North Carolina.
25. ENFORCEMENT OF AGREEMENT: In the event either party is in any way in
breach of this Agreement, said party shall be given written notice of the breach and shall have five
(5) days to comply with the terms of this Agreement. In the event said party fails to comply, the
other party shall be free to take all action necessary to enforce this Agreement, including but not
limited to taking court action. In such event, the noncomplying party shall be responsible for all
costs and expenses incurred to enforce this Agreement, including but not limited to 10% interest on
any sums due, reasonable attorneys' fees, court costs and loss of income.
Further, each party stipulates and acknowledges that he or she has had ample
opportunity to participate in the drafting of this Agreement. In this regard, in the event a court of
competent jurisdiction determines that there is an an1biguity in this Agreement, such ambiguity shall
,
16
,

not be decided in one party's favor because the other party's attorney drafted this Agreement.

26. NON-RECORDATION OF AGREEMENT: This Agreement shall not be recorded
without the prior, express written consent of both parties. A Memorandum hereof, however, shall be
executed by either party upon request of the other party and may be recorded in any recording office
at any time. No such Memorandum of Agreement shall contain the details or financial provisions of
this Agreement, except as otherwise specifically agreed to by the parties.
27. LEGAL REPRESENTATION: The parties to this Agreement agree and stipulate
that Lisa W. Reynolds of Chapel Hill, North Carolina, represents the Wife, and Richard Daugherty of
CnapelHil1, North Carolina, represents the Husband. In this regard, each party has had sufficient
opportunity to discuss the terms of the Agreement with his or her respective counsel prior to its
execution. Further, the parties agree and understand that Lisa W. Reynolds and Richard Daugherty
are not tax specialists nor are they Certified Public Accountants and, therefore, each party should
seek the advice of tax professionals with regard to the tax consequences of this Agreement.
IN WITNESS WHEREOF, the parties hereunto have se,t their hands and seals the day and
year first above set forth, in four (4) originals, containing this and the sixteen (16) preceding pages,
one original copy of this contract of separation being retained by each of the parties hereto and one
being retained by each of the attorneys hereto.
.. __ (SEAL)
'ka W. DePaz
,
Roberto A.
17

,

NORTH CAROLINA
Wt:lKE COUNTY

I. HfJrz, Lj,.} fAH'/ , Notary Public for said County and State, do hereby certifY that Erika
W, DePaz did personally before me this day and acknowledged to me that she voluntarily
signed the foregoing document for the purpose stated therein and in the capacity indicated.
Witness my hand and official seal day of DCli(flbe.fL- ,2006.
"" FAH/: '.-
......... y
.

= . = ':=::':t,: '--'
:: 0:: Notary
-
1..-,/ 'J
Identification provided:
' .. b'
''" .. ....
I "'" 'Af1(E; CO" ,', ....
NCD L ""11"""'\
,;cpT. ,J-q, ;lOO,
NORTH CAROLINA
I, EJ,,)I\!=.l EIYJu,iSC ' Notary Public for said County and State, do hereby certifY that
Roberto A, DePaz did personally appear before me this day and acknowledged to me that he
voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated,
Witness my hand and official seal this the l./:iday , 2006,
Identification provided: we.. 1J L.
18
WILLIE L. COVINGTON
200 E. MAIN STREET
DURHAM, NC 27701
.

.
~
Filed For Registration: 09/26/2007 11 :57:48 AM
Book: RE 5753 Page: 504-522
SEP-A 19 PGS $65.00
[Ii"; $25.00
2007044448
Durham County
DINGLER

Prepared by Martha McKee

Return to Holly S. Dingler
5226 Russell Road
Durham, NC 27712
STA TE OF NORTH CAROLINA
COUNTY OF DURHAM

FOR REGISTRATION REGISTER OF DEEDS
Willie L. Covington
DURHAM COUNTY, NC
2008 MAY 08 10:07:17 AM
BK:5949 PG:937-953 FEE:$59.00
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
made and e ~ t e r e into the O? q ~ day of April, 2008, by and between Bradley Michael
Dingler (hereinafter referred to as "Husband), a resident of Durham County, North
Carolina, and Holly Sarvis Dingler (hereinafter referred to as "Wife"), a resident of
Durham, North Carolina ("Husband" and "Wife" collectively are also sometimes referred
to hereinafter as "parties"), and shall become effecti ve as of the date that it has been

executed by each party hereto;

WITNESSETH:
THAT WHEREAS, the parties hereto were lawfully married to each other on
February 25, 1995, and
WHEREAS, there were two children born to the marriage of the parties, to wit:
Michael Van Dingler, born June 1, 1999 and Doni Anne Dingler, born September 8,
2003; and
WHEREAS, THE PARTIES SEPARATED ON OR ABOUT the 30
th
day of
September, 2007, and intend to live separate and apart for the remainder of their natural
li ves;
WHEREAS, each of the parties is more than eighteen years of age, and the
parties desire to confilll1 their separation and to make arrangements in connection
therewith, including the settlement of their property rights, their financial affairs, their
support and maintenance obligations, and other rights and obligation growing out of the
marital relationship between them;
WHEREAS, after mature consideration and judgment, each party hereby enters
into this written agreement and full understand the terms, conditions and provisions
hereof, and deems such terms to be fair, just and reasonable;
I
NOW THEREFORE, in consideration of the premises and of the mutual
agreements and covenants herein contained, the parties hereto covenant and agree each
with the other as follows:
GENERAL PROVISIONS
1. SEPARATION. It shall be lawful for each party at all times to live separate
and apart from the other party at such place or places as he or she may from time to time
choose or deem fit, free from all marital control and authority as if each were unmarried.
Each party may engage in any employment, business, profession or trade which either of
them desires, it being distinctly understood that each of the parties hereto shall have
every right and privilege, for all intents and purposes, the same as if they were single and
unmarried. All income and profits realized by either party shall be for his or her sole and
separate use and benefit, free from any and all control, restraint or interference, direct or
indirect, of the other party.
2. NO INTERFERENCE. Each party shall be free from interference,
authority, control or restraint, direct or indirect, by the other, as fully as if he or she were
single and unmarried. Neither shall molest, annoy, harass, make disparaging remarks, or
in any way interfere with the other, and neither shall come onto the residential premises
of the other without express advance permission.
3. PROPERTY OWNERSHIP AND SUBSEQUENT PROPERTY
TRANSACTIONS. All items of property now owned or hereafter acquired by either of
the parties shall be owned, held and enjoyed by them independently of any claim or right
of the other. Further, except as otherwise provided herein, either party may at any time
hereafter acquire, possess, encumber, transfer, conveyor otherwise deal with any and all
classes of property, real or personal, tangible or intangible, or mixed, whether now owned
or possessed or hereafter acquired by either of them, without the joinder or consent of the
other party and with the same force and effect as if they were unmarried. If it shall
become necessary to pass, transfer or guarantee good title, a party shall, upon request of
,
the other, execute any deed, bill of sale or document evidencing a conveyance of
property. It is agreed between the parties that each of them will at any time or times
hereafter make, execute and deliver any and all of such other and further assurance as
either of said parties shall reasonably require for the purposes of giving full effect to
these agreements. No liability or expense shall be incurred by the party requested to
execute such document.
4. RELEASE OF PROPERTY AND EST ATE RIGHTS. Except as
otherwise provided herein, each party waives, relinquishes, renounces and quitclaims
unto the other any and all rights, title, interest and control he or she may now have or
shall hereafter acquire under the present or future laws of any jurisdiction, in, to, or over
the person, property or estate of the other arising by reason of their marital relationship or
under any previously executed instrument or will, made by either of them, including
dower, curtesy, statutory allowance, widow's allowance, homestead rights, right to take
in event of intestacy, right to any share as the surviving spouse, any right of election,
right to take against the last will and testament of the other or to dissent therefrom, the
right to act as administrator or executor of the estate of either, and any and all other right,
title or interest of any kind in and to any said property or estate of any kind of the other.
This provision shall not apply to any Social Security benefits the parties may have by
reason of their marriage to each other. In addition, except as otherwise provided herein,
each party waives, releases and renounces, and hereby conveys, quitclaims and assigns to
the other party and his or her heirs, executors and administrators, any right of inheritance
under a will executed by the other party prior to the date of this Agreement, and any
beneficial or administrative right arising under any trust created by the other party prior
to the date of this Agreement, any right to insurance proceeds payable by reason of the
death or disability of the other party, and any right to insurance proceeds payable by
reason of damage or destruction to any real or personal property owned separately by the
other party, whether such property was distributed under this Agreement or acquired
before or after the execution of this Agreement by the other party.
,
,
5. FUTURE DEBTS. Unless otherwise provided herein, neither party shall
hereafter charge or cause or permit to be charged to or against the other any purchase
which either of them may hereafter make, and shall not hereafter create any obligations in
the name of or against the other and shall never hereafter secure or attempt to secure an y
credit upon or in connection with the other, or in his or her name; and each of them will
promptly pay all debts and discharge all financial obligations which each may incur for
himself or herself and will hereafter hold the other free and halln1ess and indemnify the
other from any and all subsequent debts, obligations or liabilities which each may incur
or sustain,
6. COVENANT OF FULL DISCLOSURE. Each party covenants with and
represents to the other that he or she has made a full and fair disclosure of all property
and interest in property owned or believed to be owned by him or her during the course
of the marriage or acquired with marital property before or after separation and income
earned by the other. To the extent that marital property acquired with marital assets is
not disclosed and becomes known, such property shall be transferred by the non-
disclosing party and become the sole property of the innocent spouse,
7. RESERVATION OF RIGHTS. The failure of either party to take advantage
of any default or violation of the covenants and conditions of this Agreement on the part
of the other shall not constitute a waiver thereof or relinquishment of the right to require
strict performance by the other party, Nor shall any custom or practice which may
develop between the parties in the course of performance of this Agreement be construed
to waive or lessen the right of either party to insist upon compliance with the provisions
hereof by the other.
8. ENFORCEMENT AND SUIT COSTS. The parties agree that the remedy at
law for any breach of this Agreement will be inadequate unless the provisions hereof
shall be enforceable by specific performance and accordingly, either party shall be
entitled to specifically enforce each and every provision of this Agreement The right to
specific enforcement of this Agreement shall be in addition to all other rights and
,
remedies either party may have at law or equity arising by reason of any breach of this
Agreement by the other party. In the event that one of the parties sues the other for a
breach of the Agreement, the non-breaching party will be entitled to recover all of the
costs, including attorney's fees, incurred by him or her as a result of his or her
enforcement of the Agreement.
9. MODIFICATION AND WAIVER. A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with
the same formality as this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature.
10. WAIVER OF LIABILITY FOR NECESSARIES. Each party warrants to
the other that he or she shall not seek from the other contribution for the payment of
expenses for necessaries that he or she may incur. Each party hereby warrants that any
time services are rendered to him or her that he or she shall provide actual notice to the
party rendering such services that he or she is legally separated from the other party and
that said provider should have no expectation of compensation or reimbursement from
the other by virtue of the parties' marriage. Each party agrees to indemnify, defend and
hold the other harmless from and against third party creditors who seek compensation
from the other party under the doctrine of necessaries under the present and future laws
of any jurisdiction
11. RECONCILIATION. In the event of reconciliation and resumption of the
marital relationship between the parties, the provisions herein of settlement and
disposition of property rights and other rights shall nevertheless continue in full force and
effect without the abatement of any telm or provision hereof, except as otherwise
specifically provided herein or as later agreed in writing by and between the parties.
Except as otherwise provided by this Agreement or by an amendment or modification of
this Agreement, performed in writing, executed by each of the parties and notarized after

the date of this Agreement or the date of their reconciliation, no act on the part of either
party shall serve to modify the property rights of the parties as established in this
Agreement, and the rights of the parties to the property which is transferred, set over and
designated as property of either party shall remain separate property of that party in the
event that the parties should reconcile.
12. INTERPRETATION. No provisions of this agreement shall be interpreted
for or against any party because that party or the party's agent or legal representative
drafted the Agreement or the particular provision, and the parties hereby unconditionally
waive such defense or claim regarding this Agreement. This stipulation may be used in
court regarding any claims or defenses based on this Agreement.
13. EXECUTION OF DOCUMENTS. At the request of the other party, each
party shall execute and deliver any and all written instruments or documents reasonably
necessary or desirable to effectuate the purposes and provisions of this Agreement. Each
party shall also execute and deliver such other written instruments or conveyances
reasonably necessary or desirable to assist the other party in transferring any property
which he or she may now own or may hereafter acquire, or in transacting any business so
long as such party does not thereby become obligated or assume any responsibility under
such instrument or agreement.
14. PARTIAL INVALIDITY. If any provision of this Agreement is held to be
invalid or unenforceable, all other provisions shall nevertheless continue in full force and
effect.
15. BINDING EFFECT. Except as otherwise set forth herein, all of the
provisions of this Agreement shall be binding upon the respective heirs, next of kin,
executors and administrators of the parties. It is the whole and only agreement between
the parties, superseding any and all prior agreements and shall not be modified or varied
by parol evidence.

16. ENTIRE AGREEMENT. This Agreement contains the entire understanding
of the parties, and there are no representations, warranties, covenants or undertakings
other than those expressly set forth herein.
17. JURISDICTION. Each party submits himself or herself to the jurisdiction
of the courts of the State of North Carolina in any future action brought by either party to
enforce the provisions of this Agreement.
PROPERTY DIVISION AND SETTLEMENT. In full settlement of all
property rights and claims between the parties, in satisfaction of North Carolina General
Statutes Section 50-20 et. seq., and pursuant to N.C.G.S. Section 50-20(d) and Section

1041 of the Internal Revenue Code as non-taxable transfers, the parties agree as follows:
18. REAL PROPERTY. The parties are presently owners as tenants by the
entirety of that house and lot located at 3309 Cole Mill Rd., Durham, North Carolina,
27712, which said property shall hereinafter be referred to as "the residence." Husband
agrees to pay any and all debts, including the first and second mortgage, associated with
his occupancy of the residence. Husband agrees to refinance the residence into his name
alone; Wife agrees to transfer her interest in the residence by non-warranty deed to
Husband at the refinance closing. Husband shall thereafter be the sole and exclusive
owner of the residence, and the contents that they have agreed upon, and agrees to be
solely responsible for all future indebtedness and/or liability thereon, including the first
and second mortgage.
The parties are also owners of a lot located at The Springs, High Rock Lake. The
property shall be sold and the Wife shall receive all net proceeds. Husband shall pay all
taxes, fees and dues associated with this property until the sale, and shall indemnify and
hold Wife hat Iflless therefrom.
The parties are also owners of a time-share with Horizons at Orlando which shall
become the sole and separate property of the Wife; Wife shall be obligated to pay all fees
associated with said timeshare, and shall hold Husband other harmless therefrom.
19. PERSONAL PROPERTY. In settlement, adjustment and compromise of all
personal property questions and rights between the parties, the parties covenant and agree
that their property shall be divided as follows:
A. Automobiles. Husband is entitled to exclusive use and possession of the
2005 Nissan Quest and the 2004 Honda Reflex presently titled in Husband's name. Wife
relinquishes any and all interests she has in said vehicles to Husband upon execution of
this Agreement. Husband agrees to assume and an all liability associated with said
vehicles including the debt on the 2005 Nissan Quest. Husband shall indemnify and hold
Wife harmless from any and all liability associated with said vehicles.
Wife is entitled to exclusive use and possession of the 1998 Nissan Maxima
presently titled in Wife's name. Husband relinquishes any and all interest he has in said
vehicle to Wife upon execution ofthis Agreement. Wife agrees to assume any and all
liability associated with said vehicle. Wife shall indemnify and hold Husband harmless
from any and all liability associated with said vehicle.
B. Personal Property. The parties each acknowledge that all personal
property not specifically mentioned herein has or will be divided, within sixty (60) days
of execution of this Agreement, between the parties to the mutual satisfaction of each;
that this Agreement shall constitute a bill of sale for all property, whether specified or
not; and that each party does hereby transfer and assign all right and interest in all
property reserved to the other. Wife shall specifically receive as her sole and separate
property the following: the Thomas Kinkade painting, all of her jewelry, Michael's
television, Doni's furniture and television, the hottub, the Tiffany lamps in the kitchen
and bathroom, the boat, the larger front porch table and chairs, the vacuum, the video
and regular cameras, the drink machine, the glider rocker, the computer desk, the stand-
alone computer, the camera printer, the blower, the weed eater, baby books, some
pictures, the Playstation, and household decorations as agreed between the parties. Also,
the parties agree to keep one set of coins for each child, and the Wife shall receive the
remainder.

C. Bank Accounts, Stocks, Bonds, Certificates of Deposit, Retirement
Accounts, Pensions, Etc. Each party shall retain any and all interest he or she may have
in any bank accounts, stocks, bonds, certificates of deposit, retirement accounts, pensions
and similar such accounts except that Wife shall retain any and all interest in the parties'
Morgan Keegan account as her sale and separate property and Husband agrees to execute
any and all document required to effectuate this transfer; each party relinquishes any and
all right he or she may have in any of the other accounts.
D. Ultimate Concepts. The parties are presently the owners of a jewelry
business run by the Husband from the residence. The business shall become the sale and
separate property of Husband and he shall indemnify and hold Wife harmless from any
liability associated therewith.
E. Season Tickets. Husband shall pay the outstanding balance for the NCSU
lifetime rights ($8,500.00) for the season tickets, which shall remain in joint names.
Wife shall retain the right to all four redzone tickets and shall thereafter pay the season
ticket price and the annual scholarship fee for these tickets; Husband shall retain the right
to use the other two tickets and shall pay the season ticket price for these tickets.
F. Marriott Credit Card Points. All Marriott Credit Card points shall
become the sale and separate property of the Wife.
20. PRESENT OUTSTANDING DEBTS. With respect to the debts owed by
the parties hereto prior to the time of their aforesaid separation, it is mutually agreed that
the Husband be and he does hereby assume liability for the payment of the unpaid
balances owing on those debts held in Husband's own name. Husband shall also be
responsible to pay all of debt on the home equity loan.
With respect to the debts owed by the parties hereto prior to the time of their
aforesaid separation, it is mutually agreed that the Wife be and she does hereby, assume

liability for the payment of the unpaid balances owing on those debts held in Wife's own
name.
In the event that either party shall be compelled to pay any bill or obligation of the
other party which the said party is obligated to pay under the provisions of this section,
then that amount shall be deducted from any money subsequently becoming due to the
other party under any provisions of this Agreement.
Each party hereto agrees to save and hold halmless the other party to this
Agreement from and against any and all liability in connection with any indebtedness
assumed under the terms of this Agreement and does hereby agree to indemnify the other
party against any and all hann, expense, loss or other damage in connection therewith,
including all costs of litigation involved in connection therewith or enforcement of this

proVISIOn.
21. EQUITABLE DISTRIBUTION. The property settlement as provided herein
is the act of Husband and Wife in equitably distribution their property as provided under
North Carolina General Statutes Section 50-20. Each release the other from any further
claim which would or might arise in favor of either under North Carolina General
Statutes Section 50-20, or any other state or federal law involving division of property
acquired during marriage.
22. TRANSFERS OF PROPERTY INCIDENT TO DIVORCE. The parties
hereto agree (I) that the transfer of property hereunder is related to the divorce; (ii) that
the transfer of property hereunder is a transfer incident to divorce and is related to the
cessation of the marriage; (iii) that the intent and purpose of this Agreement is for the
transfer of property hereunder to be tax free pursuant to the Internal Revenue Code and
the applicable provisions of North Carolina Law and for no gain or loss to be recognized
by either party as a result of such transfer; (iv) that the parties shall file formal election, if
necessary, or otherwise take such actions as may be required by applicable provisions of
the state or federal income tax laws and regulations to five full force and effect to the
aforesaid intent and purpose.

CHILD CUSTODY AND SUPPORT PROVISIONS
23. CHILD CUSTODY. The parties have carefully weighed the question of the
custody of their minor children. The parties shall share physical custody of the minor
children as is provided below; the parties shall also share joint legal custody of the minor
children. The parties shall share physical custody as follows:
a. Husband shall be entitled to have the minor children in his care, custody and
control at all times agreed to between the parties.
b. In odd-numbered years, Husband will have the minor children for the
Thanksgiving holiday from close of school for the holiday through 5 p.m. on
Thanksgiving Day, and Wife shall have the minor children from 5 p.m. on
Thanksgiving day until Sunday following Thanksgiving day at 6 p.m. In the
even-numbered years, the Wife shall have the minor children for the
Thanksgiving holiday from the close of school for the holiday until 5 p.m. on
Thanksgiving day, and Husband will have the minor children from 5 p.m. on
Thanksgiving day until Sunday following Thanksgiving at 6 p.m.
c. In odd-numbered years, Wife will have the minor children from the close of
school for the Christmas holidays until 12 p.m. on Christmas day; Husband
will have the minor children from 12 p.m. Christmas day until the return to
school following New Years. In even-numbered years, the Husband will have
the minor children from the close of school for the Christmas holidays until 12
p.m. on Christmas day; Wife will have the minor children from 12 p.m.
Christmas day until the return to school following New Years.
d. In odd-numbered years, Husband will be entitled to have the minor children
on Memorial Day and July 4
th
, and Wife will be entitled to have the minor
children on Labor Day, Halloween and Spring Break. In even-numbered
years, Wife will be entitled to have the minor children on Memorial Day and
July 4th and Husband shall be entitled to have the minor children on Labor
Day, Halloween and Spring Break.
e. The parties may alter the holiday schedule as outlined above upon mutual
agreement.

f. If the non-custodial parent is more than one (1) hour late for any scheduled
visitation without excuse or explanation, the custodial parent shall be free to
schedule other activities and the non-custodial parent will be deemed to have
waived that particular visitation.
g. The parent shall at all times keep the other parent infOi med of the
whereabouts of visitation (address and telephone numbers) if the same is to be
some place other than the residence of the parent.
h. In the event of a medical emergency during visitation, the parent shall
promptly notify the other parent.
i. Husband shall always be entitled to have the minor children with him on
Father's Day from 9 a.m. to 9 p.m. and the Wife shall always have the minor
children with her on Mother's Day from 9 a.m. to 9 p.m.
j. The parties shall evenly split visitation with the minor child on the minor
child's birthday and the parties will decide at lease one week in advance
regarding how they propose to make this split.
k. The other parent shall be the sitter of first choice for the children when the
other parent is absent and would otherwise employ or hire a sitter, family
member, neighbor, or friend for this task.
24. WELFARE OF CHILDREN. Neither Husband nor Wife shall attempt or
condone any attempt, directly or indirectly, to estrange the children from the other party
or to injure or impair the natural love and affection between the parent and the children,
and further agrees that neither will make any disparaging remarks about the other in the
presence of the minor children. The parties shall at all times encourage and foster in the
children sincere respect and affection for both parents. Each party shall immediately
advise the other as to any serious illness or other major development with respect to the
children. Each parent will be entitled to immediate access from the other, or from a third
party, to records and infolllJation pertaining to the minor children including, but not
limited to, medical, dental, health, school or educational records. Each party shall be
entitled to speak with the children by telephone at reasonable times and intervals when
the children shall be with the other party.

25. CHILD SUPPORT. The parties each acknowledge that they owe a duty of
support for the minor children. In lieu of paying child support one to the other, the
parties agree to evenly split any and all costs for the minor children. Such costs include,
but shall not be limited to, all extracurricular activities (including, but not limited to
sports, music lessons, other lessons and/or tutoring, or other school-related activities) and
travel for the minor children. The party incurring such extracurricular expense shall send
a bill for the expense to the other party, and that other party shall have fifteen days to
reimburse the party who paid the expense.
26. TAX EXEMPTIONS AND/OR CREDITS. The parties agree that
Husband shall be entitled to claim as a dependency exemption the minor child Michael,
as well as any and all credits and/or deductions available, on his state and federal tax
returns for the 2008 tax year, and every year thereafter; Wife shall be entitled to claim as
a dependency exemption, as well as any and all credits and/or deductions available, the
minor child Doni on her state and federal tax returns for the 2008 tax year and every year
thereafter until Michael is no longer a dependent. For years when Michael is no longer a
dependent, the parties shall rotate the exemptions and/or credits for Doni so that each
party claims her every other year, with the Wife claiming Doni in the year following the
last year that Michael may be claimed as an exemption and/or credit.
27. MEDICAL INSURANCE AND MEDICAL EXPENSES FOR THE
CHILDREN. The Wife agrees to keep in full force and effect a policy of medical
insurance which shall provide coverage and benefits to the minor children of the parties,
and the Husband shall pay for the children's insurance. Further, the parties agree to
evenly divide all of the children's hospital, medical, dental, orthodontic, prescription drug
and psychological counseling expenses which are not covered by insurance. The party
incurring an expense shall furnish the other with a statement of all such expenses incurred
on the children's account, and the other shall promptly make payment to the payor (or the
health care provider) within 30 days of receipt of the bill or statement.

28. POSTSEPARATION SUPPORT, ALIMONY AND ATTORNEY'S
FEES AND COSTS. Husband and Wife agree that neither is in need of support and/or
maintenance from the other. Both parties waive alimony and support pursuant to this
Agreement. Husband agrees to pay one-half of all attorney's fees and costs associated
with the preparation and negotiation of this Agreement and the separation, and agrees to
pay said amount upon the divorce.
29. MEDICAL INSURANCE FOR SPOUSE. Wife agrees to retain
Husband on her coverage of medical and dental insurance through her employer until the
parties are divorced or until such time as Wife may no longer do so, and Husband agrees
to pay for such coverage. Husband and Wife each agree to pay any and all of his/her own
un-reimbursed medical expenses.
30. TAX RETURNS. Husband and Wife shall file joint tax returns for the
2007 tax year but will file separate income tax returns (both federal and state) for the
2008 tax year and thereafter. The parties shall list the home mortgage interest on their
joint 2007 tax return; thereafter, if Husband shall claim the mortgage interest deduction
provided he has paid the mortgage interest.
The parties hereto acknowledge that this instrument is not a decree of separate
maintenance, but is simply an agreement between the parties.
In the event of an audit of any of the parties' joint tax returns, the parties agree to
cooperate with one another in responding to any questions on issues raised regarding the
same. Each party shall be responsible for and shall defend, indemnify and hold the other
harmless on any additional taxes owed on their respective incomes or on any deductions
or allowances related to their individual incomes.
31. VOLUNTARY EXECUTION. The provisions of this Agreement and
their legal effect are fully understood by the parties and each party acknowledges that this
Agreement is fair and equitable; that it is being entered into voluntarily; and that it was
not the restllt of any duress or undue influence.

32. LEGAL REPRESENT A TION. In order to be fully advised and informed
concerning the legal effects of this Agreement, Wife has been represented by Martha
McKee, Attorney at Law, and Husband has represented himself.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on
duplicate originals, one of which is retained by each of the parties hereto, this the day and
year first above written.
Bradley Michael Dingler

Holly Sarv Dingler

COUNTY OF DURHAM
, a Notary Public, certify that Bradley
Michael Dingler appeared before me this day and acknowledged the due execution of the
foregoing instrument for the purposes therein expressed.
Witness my hand and seal this :;) q day of_nHf,0:L((JiUI ____ , 2008.
,
Notary Public
My Commission Expires: f. /6./0
COUNTY OF DURHAM

: .,J,[ ...
. ".,,-

.. .
~
PIJSL \c, /"'1

, a Notary Public, certify that Holly Sarvis
Dingler appeared before me this day and acknowledged the due execution of the
foregoing instrument for the purposes therein expressed.
Witness my hand and seal this ~ q day of Ap ri r
,2008.
Notary Public
My Commission Expires: 4. l/P. If)
.. ..
WILLIE L. COVINGTON
200 E. MAIN STREET
DURHAM, NC 27701
**** ****.****.*** *.** *.* * * ****.********.**.**-******.*._._-*-*--***-*****-*-*-*-***-*******-*****-
Filed For Registration: 05/08/200810:07:17 AM
Book: RE 5949 Page: 937-953
SEP-A 17 PGS $59.00
2008018789
Durham County
FLANAGAN
,
'''Ra:lv..H- -Iv
STATE OF NORTH CAROLINA --:r CAdi \J.Jh;:;nlLd
I Cl.'3 '1\), (yy;;.1\ Sot. -;.-tc lP I:L
COUNTY OF DURHAM
SEPARATION AGREEMENT AND PROPERTY SETTLEMENT
THIS SEPARATION AGREEMENT AND PROPERTY SETTLEMENT (hereinafter, the
"Agreement") made and entered into this 25
th
day of September, 2009, by and between Mollie
Maria Flanagan of Durham County, North Carolina (hereinafter called "Wife"), and Marc John
Hamlen of Durham County, North Carolina (hereinafter called "Husband");
RECITALS
WHEREAS, the parties hereto were married on August 21, 2004; and
WHEREAS, there were no children born of the parties' marriage; and
WHEREAS, the parties intend to separate on or before October 7, 2009, and have agreed
to live separate and apart from that point forward;
WHEREAS, each of the parties is more than eighteen (18) years of age, and they desire
to confirm their separation and to make agreements and arrangements in connection therewith,
including the settlement and adjustment of their property rights and other rights, responsibilities,
and obligations growing out of their marital relationship; and
WHEREAS, after mature consideration and judgment, each party having had the
opportunity to seek independent legal counsel from an attorney of his or her respective choice,
each party believes it is in his or her own respective best interests to enter into this written
Separation Agreement and Property Settlement, and each party having read the Agreement, full y
understands the terms, conditions, and provisions hereof and considers this Agreement to be fair,
,
just, reasonable, and equitable; and
undertakings herein contained and for other good and valuable consideration, the receipt and
FOR REGISTER OF DEEDS
ington
NC
:1B4BPM
BK:6333 PG:307-329 FEE:$77,00
NS:$25,00
10
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COUNTY OF DURHAM
sufficiency of which is hereby acknowledged, each party hereby stipulates, agrees and covenants
L CONSIDERATION. The consideration for this Agreement is the mutual
promises, covenants and agreements herein contained.
2. SEPARATION. Except as otherwise stated herein, it shall be lawful for, and the
s;lid Husband and Wife shall at all times hereafter, live separate and apart, each free from the
marital control and authority of the other, direct or indirect, as fully as if each were single and
unmarried; to reside at such place or places and with such person or persons as each may desire.
All income and profits realized by either party shall be for his or her sole and separate use and
benefit, free from any and all control, restraint or interference, direct or indirect, of the other
party.
3. COVENANT OF NON-INTERFERENCE. Husband and Wife hereby agree
that each shall be free from interference, molestation, restraint, authority and control, direct or
indirect, of and by the other, as fully as if he or she were single and unmarried. Neither party
hereto shall, in any manner, directly or indirectly, hereafter disturb, annoy, molest, harass or in
any way interfere with the other, or the personal rights, liberties privileges or affairs of the other,
nor compel or endeavor to compel the other to cohabit or dwell with him or her. Each shall live
his or her own personal life as he or she may see fit, unrestricted in any manner by the marriage
and relationship previously existing between them and specifically shall not come onto the
residential premises of the other party after October 7, 2009, without express advance
I pellnission, except as otherwise explicitly indicated herein.
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4. RESIDENCE. Husband and Wife may reside at such place or places and reside
or associate with such person or persons as each of them may deem fit or desire.
5. VISIT A TION. Neither Husband nor Wife shall call upon or visit the other except
by express invitation by one accepted by the other, except as otherwise explicitly indicated
herein.
6. EMPLOYMENT. Each of the parties may, for his or her separate benefit,
conduct, carryon and engage in any employment, business, trade or profession that he or she
may desire, choose or deem fit All income and profits realized by either party shall be for his or
her sale and separate use and benefit, free from any and all control, restraint or interference,
direct or indirect, of the other party.
7. RIGHT TO CONTRACT. Both Husband and Wife shall have the right to
contract and to be fully contracted with, independently of the other, as fully and to all intents and
purposes as if they had never been married.
8. MUTUAL RELEASE AND RELINOUISHMENT OF RIGHTS. Subject to
the provisions of this Agreement, each party has released and discharged, and by this Agreement
does for himself or herself and his or her heirs, legal representatives, executors, administrators
and assigns, release and discharge the other party from any and all causes of action, claims,
rights, or demands whatsoever in law or equity, which either of the parties had or now has,
against the other arising out of the marital relationship, except each party's claim for absolute
divorce based on one year's separation. Further, except as otherwise provided in this
Agreement, each party hereby waives, relinquishes, renounces and quitclaims unto the other any
and all rights, title, interest and control that he or she may now have or shall hereafter acquire,
under the present or future laws of any jurisdiction, in, to and over the person, property (whether
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now owned or hereafter acquired) or the estate of the other arising by reason of their marital
relationship or under any previously executed instmment or will, made by either of them,
including but not limited to, statutory rights, elections and allowances, dower, curtesy, statutory
allowance, widow's allowance, homestead rights, right to take in the event of intestacy, right to
any share as the surviving spouse, any right of election, right to take against the last will and
testament of the other or to dissent therefrom, right to act as administrator or executor of the
other's estate, or any insurance policies, disability policies, retirement accounts or pension plans,
and any and all other rights, title or interest of any kind in and to any said property or estate of
any kind of the other. Each party will, at the request of the other, execute, acknowledge and
deliver any and all instmments which may be necessary or advisable to carry into effect this
mutual waiver, quitclaim and relinquishment of all such interests, rights and claims.
Notwithstanding the foregoing, nothing in this provision shall apply to any real property retained
by the parties as tenants by the entirety so long as said estate by entireties continues, except as
otherwise explicitly contemplated in this Agreement. Neither party, however, waives and both
parties specifically retain any rights that either may have to any social security benefits by
virtue of their marriage. In addition, except as otherwise provided herein, each party waives,
releases and renounces, and hereby conveys, quitclaims and assigns over to the other party and
his or her heirs, executors and administrators, any right of inheritance under a will executed by
the other party prior to the date of this agreement, any beneficial or administrative right arising
under any tmst created by the other party prior to the date of this Agreement, any right to
insurance proceeds payable by reason of the death or disability of the other party, and any right
to insurance proceeds payable by reason of damage or destmction to any real or personal
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property owned separately by the other party, whether such property was distributed under this
Agreement or acquired before or after the execution of this Agreement by the other party.
9. WAIVER OF RIGHTS TO EQUITABLE DISTRIBUTION. The parties,
having full knowledge of the laws which govern the division of property and debt in cases of
divorce, including North Carolina's equitable distribution statute, make this Agreement in full
and complete satisfaction of any and all claims which Wife may have against Husband, and
which Husband may have against the Wife, including rights of equitable distribution, under
applicable present and future law, and instead make the provisions as set forth herein. Without
limiting the generality of the foregoing, the Wife acknowledges to Husband and the Husband to
Wife, that the provisions herein contained for his or her benefit are fair, equitable, adequate,
reasonable and satisfactory to her or him. Accordingly, each accepts the same in lieu of and in
full and final settlement and satisfaction of any and all claims or rights that she or he may now or
hereafter have against the other for distribution of property.
10. DIVISION OF ASSETS. Pursuant to N.C.G.S. 50-20(d), the parties have
agreed and provided for a settlement and distribution of all of their marital property and divisible
property, as the terms "marital property" and "divisible property" are defined in N.C.G.S. 50-
20, and have further agreed and provided for a settlement of all other property rights, whether
arising under any provision of the laws of the State of North Carolina or arising under any
provision of the laws of any other jurisdiction, as follows:
A. RESIDENCE AND PROPERTY. Husband and Wife hereby acknowledge that
they jointly own as tenants by the entireties a single family home located at 1707
Sassafras Hill Street, Durham, North Carolina, 27712 (hereinafter "Home"). The
Home is encumbered by a note which is secured by a first deed of trust and a
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second mortgage on the property, both held by Wachovia Bank (hereinafter,
"Lender"). Both parties are obligors on the mortgage, the $2,200.00 monthly
payment of which includes taxes and insurance escrow. The Home Owner's
Association Fee is $25.00 per month at the time of the execution of the
Agreement and is included in the $2,200.00 payment indicated above.
B. It is the intention of the parties that Husband continue to live at the Home until
such time as the parties mutually agree to place the Home on the market for sale,
but no more than three (3) years from the date of this Agreement, unless the
parties mutually agree in writing to an extension of this timeframe. It is further
the intention of the parties that Wife purchase a new primary residence in which
to live. Husband hereby relinquishes any equity in and claim to Wife's new
primary residence and agrees to sign a quitclaim deed to effectuate such intent,
and so long as Husband executes the quitclaim deed as outlined in this Section
IO.B., Wife agrees to indemnify and hold harmless Husband from any liability
related to her new primary residence.
C. If Husband elects to move from the Home prior to the parties placing the Home
for sale, the parties will rent out the Home (unless otherwise contemplated in
Section 10.0. below) and use any rental income to defray equally for each party
the monthly mortgage payment that each party is required to pay. Unless
otherwise mutually agreed to between the parties, any such rental shall be handled
by a property management company of the mutual agreement of the parties, and
any fees associated with the use of such services shall be added equally to both
parties' monthly mortgage payment. It is further the intention of the parties
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that so long as Wife does not move back into the Home as contemplated in
Section 10.D Wife and Husband continue to each pay their respective half of the
monthly mortgage payment of $1,100.00, as they have historically done since
purchase of the home, until such time as the parties sell the house (or rent the
home, as stipulated above in this Section). In the event that one party
(hereinafter, the "Defaulting Party") defaults on payment of their half of the
monthly mortgage for two months (whether consecutive or not), the Defaulting
Party hereby expressly relinquishes all equity in the Home to the other party
(hereinafter, the "Non-Defaulting Party"), and the Defaulting Party hereby
expressly agrees to promptly execute a quitclaim deed to secure the above
intentions. So long as the Defaulting Party executes the quitclaim deed as
outlined in the previous sentence, the Non-Defaulting Party agrees to indemnify
and hold hallnless the Defaulting Party from any liability related to said Home.
In such an event as outlined in this Section lO.e" the Non-Defaulting Party shall
be entitled to immediately enter the Home, remove the Defaulting Party or any
renters, as applicable, prepare the Home for sale on the market, and sell the
Home, obtaining all equity therein and paying off the outstanding notes to Lender.
In the event that the Non-Defaulting Party is forced by the housing market to sell
the Home for less than the amount owed on the notes (and any realtor
commissions and closing costs), then the Defaulting Party shall be required to pay
the Non-Defaulting Party the difference between the Home sale price and the
amount owed on the outstanding note, closing costs and realtor commissions.
Wife shall pay her $1,100.00 half of the monthly mortgage payment to Husband
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no later than the 1

51
day of the month via check. Husband agrees to pay the
monthly mortgage in full and the homeowner's association fees monthly both on
time, as the parties have done thus far during their marriage. The parties further
agree to share in timely payment of other expenses relative to the home, including
but not limited to, repairs, maintenance and improvements. However, Husband
shall so long as he lives at Home be responsible for payment of water/sewer,
telephone, cable, satellite, security system, electricity and trash pickup. In the
event that Home is rented as contemplated herein, the renter shall pay such
water/sewer, telephone, cable, satellite, electricity and trash pickup.
D. Within six (6) months of the Effective Date of this Agreement, in the event that
Wife does not purchase a separate primary residence, and instead determines to
stay at the Home, then Husband shall vacate the house and relinquish all equity
and claim in the Home, past, present and future, sign a quitclaim deed to
effectuate such relinquishment, and Wife shall assume full payment of the
mortgage. In such an event, Wife shall refinance Home as soon as practicable, and
so long as Husband executes the quitclaim deed as outlined in this Section 10.0.,
Wife agrees to indemnify and hold harmless Husband from any liability related to
said Home.
E. In the event that the home becomes unoccupied pursuant to Section lO.e above,
the parties agree that they shall equally share in the timely payment of the
mortgage and Homeowner's Association Fees as outlined in Section IO.B above.
When the parties agree to sell the Home, all aspects of the sale, including but not
limited to asking price, reductions in asking price, acceptance of offers, etc., shall
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be mutually agreed upon by the parties. In the event the parties are unable to
agree on any decision related to the sale of the property, the parties shall follow
the recommendation of their listing real estate agent. At the closing of the sale of
the marital residence, the parties shall pay from the gross sales proceeds, the
outstanding encumbrances, including the mortgages, realtor's commission, and all
customary sellers' expenses, and shall equally divide the remaining proceeds or
liabilities. The parties shall each claim one-half of the mortgage interest and
property tax deductions related to the marital residence and any rental income,
as appropriate on their respective tax returns, provided that they equally
contribute to the mortgage payments.
F. MARITAL PROPERTY WAIVER. In accordance with NCGS 50-20(d), the
parties hereby acknowledge and agree that the provisions herein for the
distribution of marital property are equitable and are fair, reasonable and
satisfactory to the Husband and Wife and are made in full and complete
satisfaction of any and all claims which each party may have against the other
party or the property of the other party under present and future laws relating to
the distribution of marital property. Each party accepts the provisions herein
made for them in lieu of and in full and final settlement and satisfaction of any
and all claims or rights that either party may now or hereafter have against the
other party for support and maintenance or for the distribution of property.
However, each party has relied upon the representations of the other party
concerning a complete and full disclosure of all marital assets in accepting this
property settlement, and it is understood and agreed that this provision shall not
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constitute a waiver of any marital interest either party may have in property

owned but not disclosed by the other party at the time this Agreement is executed.
Moreover, the failure of either party to disclose property shall constitute a

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material breach of this Agreement which shall give rise to whatever remedies at
contract, law or in equity may be available to the other party .

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G. PERSONAL BELONGINGS, HOUSEHOLD FURNISHINGS AND
VEHICLES. Each party hereby acknowledges sole ownership in the other party
of all his or her wearing apparel, personal ornaments and other personal effects as
well as all property owned by either party prior to their marriage, all property
inherited by either party during the marriage and all property given or loaned to
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either party (or to the family) by his or her relatives. The parties have equitably
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divided all furnishings, appliances, jewelry, art, and other personal property
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located in or at the marital residence to their mutual satisfaction. Wife hereby
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agrees to remove her property from the Home no later than December 31, 2009,
unless otherwise agreed to between the parties. In the event that Wife has not
removed her personal property from the Home by December 31, 2009, and the
parties have not mutually agreed to another, future date, for such removal, such
personal property shall become that of Husband and Husband shall be free to
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distribute, sell or discard such personal property as he sees fit. The parties further
agree that Wife shall be distributed her automobile, the 2004 Lexus RX300,
which is titled solely in her name and for which she has solely and individually
paid, free from any claim or right of Husband; further, Wife shall indemnify and
hold Husband harmless from any liability related to said vehicle. The Lexus is
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encumbered by a lien held by SunTrust in Wife's name alone, Hereafter, as has
been the case since purchase, Wife shall be responsible for payment of the lien
associated with said automobile, and shall indemnify and hold Husband harmless
from any liability related to said lien, Wife shall be distributed her automobile,
the 1983 Jeep Grand Wagoneer, free from any claim or right of Husband and shall
indemnify and hold Husband haJmless from any liability related to said vehicle,
Husband shall be distributed his 1997 Ford Contour, free from any claim or right
of Wife and shall indemnify and hold Wife harmless from any liability related to
said vehicle, The parties have mutually agreed to the distribution of the
furnishings, household items, personal property, and vehicles, and each party
hereby relinquishes all right, title, and interest in the furnishings, household items,
personal property and vehicles distributed to the other party,
Negligent Operation, Each party agrees to indemnify and hold the other
harmless from all liability arising by reason of their separate operation of any
vehicle, The parties acknowledge that they intend to obtain separate, individual
liability insurance policies for their respective vehicles and they agree to pay the
premiums on said policies as they become due,
H, RETIREMENT AND OTHER MONETARY ACCOUNTS. The parties
acknowledge and agree that they have each earned retirement benefits during the
marriage, including, but not limited to, 40 I (k), retirement and deferred
compensation benefits. Each party shall remain the owner of his and her
respective retirement accounts and all other accounts in his and her own name,
free from any claim or right of the other party. Each party waives and
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relinquishes all right, title, and interest in and to the retirement and monetary
accounts of the other party. All joint accounts have been closed and divided to
the satisfaction of the parties.
L OTHER MONETARY ACCOUNTS AND SOLELY TITLED ASSETS. To
the extent the parties each have established separate bank or other monetary
accounts in his and her individual names, each party shall continue to own said
individual accounts, free from any claim or right of the other party. In addition,
Wife shall be the owner of all assets titled in her name only and Husband shall be
the owner of all assets titled in his name only, free from any claim or right of the
other party.
J. HEALTH INSURANCE. The parties acknowledge and agree that Husband
shall continue to remain covered on Wife's health and dental insurance policies so
long as: i) Husband and Wife are not yet legally divorced; and ii) Husband
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continues to pay Wife $213.00 each month by the first day of the month. In the
event that Husband fails to pay Wife $213.00 each month for health and dental
insurance, then Wife shall deduct said $213.00 from the following month's
$1, I 00.00 mortgage payment on Home. In the event that Wife has taken
responsibility for the Home as outlined in Sections IO.C and 10.0 and Husband
fails to pay Wife $213.00 for health and dental insurance for two months (whether
consecutive or not) then Wife shall be entitled to immediately remove Husband
from her health and dental insurance policies.
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K. COVENANT OF FULL DISCLOSURE. Each party covenants with and
represents to the other that he or she has made a full and fair disclosure of all
property and interests in property owned or believed to be owned by him or her.
11. DIVISION OF DEBTS. In addition to the distribution of debt set forth above,
the parties have agreed to the following division of marital debts in lieu of the equitable
distribution provisions of N.C.G.S. 50-20 and applicable North Carolina case law. Each party
warrants that except as provided herein, neither party has incurred debt in the name of the other
party or failed to disclose debt on which the other party is an obligor, and the parties agree that
neither party shall incur debt in the name of the other party, or in the parties' joint names, after
the execution of this Agreement without the express consent of the other party. The parties have
no joint accounts and have used their individual assets pay all personal credit card, medical, and
other consumer debt incurred during or before the marriage. The parties hold one another
harmless from said individual personal debt.
12. FURTHER ENTITLEMENT. It is agreed that neither party shall hereafter have
any right or entitlement to the property distributed to the other party. To the extent that either
party may be deemed to have acquired any interest in the property distributed to the other party
by reason of their marriage to one another or the manner in which said property was titled, each
party hereby waives, relinquishes, transfers, and quitclaims any and all such interest.
13. TAX CONSEOUENCES OF TRANSFERS. The parties acknowledge that
1041 of the Internal Revenue Code of 1986, as amended, applies to all transfers of property
under this Agreement. The parties specifically agree (1) that the transfers of property hereunder
are transfers incident to divorce and are related to the cessation of marriage; (2) that the intent
and purpose of this Agreement is for the transfer of property hereunder to be tax free pursuant to
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1041 of the Internal Revenue Code and the applicable provisions of North Carolina law, and
that no gain or loss be recognized by either party as a result of such transfer; and (3) that the
parties will file a formal election if necessary or otherwise take such actions as may be required
by applicable provisions of state or federal income tax law and regulations to give full force and
effect to the intent and purposes herein expressed. Each party agrees to provide the other party
i with such information and documents as may be necessary to determine a tax basis of propel1y
distributed or sold under this Agreement to enable each party to make a complete and accurate
tax reporting.
14. TAX MATTERS. The parties agree to file 2009 and 2010 income tax forms-
whether "married filing jointly" or "married filing single" as may be most beneficial to them
jointly (if eligible) or severally, in which case the party benefitting most from the chosen filing
status shall make the other party whole as if the other party had filed using their preferred status.
If, in connection with any joint income tax returns heretofore or hereafter filed jointly by
the Husband and Wife, there is any deficiency assessment, liability for the amount ultimately
detellllined to be due thereon, including penalties and interest, shall be shared equally
I (50%/50%) by the Husband and the Wife. Each party agrees to cooperate fully with the other in
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the event of any audit or examination of the said joint tax returns by a taxing authority and agrees
to furnish to the party being examined or his or her designees, promptly and without charge, such
papers, records, documents, authorizations and information as may be reasonably appropriate in
connection with said audit or examination.
15. WAIVER OF ALIMONY. Each party hereby now and forever waives and
releases any and all claims and demands that either party may have against the other party for
post separation support, maintenance, alimony, or any form of spousal support, both post
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separation support and permanent, including allowances for attorney's fees and suit money
(except as explicitly indicated herein) in this or any other jurisdiction, which either now has or
may hereafter have or may in any way be or become entitled to by reason of their marriage to
one another, it being understood that this Agreement is a settlement and a total and complete
release of each party by the other of all such matters and charges whatsoever except as herein
otherwise provided.
16. FUTURE DEBTS. Unless otherwise specifically permitted by this Agreement,
neither party shall hereafter charge or cause or permit to be charged to or against the other party
any purchase which either of them may hereafter make, and shall not hereafter create any
engagements or obligations in the name of or against the other party and shall never hereafter
secure or attempt to secure any credit upon or in connection with the other, or in the name of the
other party; and each party will promptly pay all debts and discharge all financial obligations
which each may incur for himself or herself. Each party will hereafter hold the other party free
and harmless and indemnify the other from any and all subsequent debts, obligations, or
liabilities which each may incur or sustain, including but not limited to, claims for necessary
expenses.
17. REAL ESTATE TRANSACTIONS. Except as otherwise provided herein,
Husband and Wife each may, from this date and at all times hereafter, acquire, possess,
encumber, transfer, convey, dispose of or otherwise deal with any and all classes and kinds of
property, both real and personal, tangible or intangible, or mixed, whether now owned or
possessed or hereafter acquired by either of them, without the joinder or consent of and freedom
from the other party and with the same force and effect as if they were unmarried. The Husband
shall have no right, title or interest in and to any real or personal property owned by the Wife
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from and after the date of the execution of this Agreement. The Wife shall have no right, title or
interest in and to any real or personal property owned by the Husband from and after the date of
execution of this Agreement. Pursuant to the provisions of N.C.G.S. * 39-13.4, either party shall
be free to convey real property or any interest therein without the consent or joinder of the other
party. If it shall become necessary to pass, transfer or guarantee good title, a party shall, upon
request of the other party, execute any deed, bill of sale or document evidencing a conveyance of
property. It is acknowledged and agreed to between the parties that each of them will at any time
.
or times hereafter make, executed and deliver any and all of such other and further assurances as
either of said parties shall reasonably require for the purposes of giving full force and effect to
these agreements. No liability or expense shall be incurred by the party requested to execute
such document or instrument.
18. PROPERTY OWNERSHIP. All items of property now owned or hereafter
acquired by either of the parties shall be owned, held and enjoyed by them independently of any
claim or right of the other with full power to dispose of the same as fully and effectively, in all
respects and for all purposes, as if he or she were unmarried. The parties agree to execute any
and all papers and instruments in writing, if. as and when such execution shall be necessary in
order to effectuate the express provisions hereof.
19. VOLUNTARY EXECUTION. Each party acknowledges that he or she has read
this Agreement, fully understands the terms, conditions, and provisions hereof and deems such
terms to be fair, just, reasonable and equitable. Further, each party acknowledges that this
Agreement is entered into of his or her own free will and volition and that no coercion, force,
pressure, or undue influence has been used against either of them in the execution of this
Agreement, either by the other party hereto or by any other person or persons. Neither party has
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relied upon any representation or promise in making this Agreement except those expressly set
forth herein.
20, ADDITIONAL INSTRUMENTS, Each of the parties shall from time to time, at
the request of the other, execute, acknowledge, and deliver to the other party any and all further
Agreement.
21. WAIVER OF GRIEVANCES. Any conduct on the part of either party
occurring prior to the execution of this Agreement which may have constituted a basis for any
legal claim by either party against the other, is hereby waived and released and will not be used
by either party against the other in any future proceedings between them,
22. ENTIRE UNDERSTANDING. This Agreement contains the entire
understanding of the parties with regard to the subject matter addressed herein and there are no
representations, warranties, covenants, or undertakings other than those expressly set forth
herein.
23. MODIFICATION. This Agreement can be altered and amended only by further
written agreement duly executed by the parties. Any failure by either party to specifically
perform or to enforce perfOllllallCe exactly according to the letter of this Agreement or to take
advantage of any default or violation of the covenants and conditions of this Agreement on the
part of the other shall not constitute an alteration or waiver of the same by way of enlargement,
waiver, reduction, estoppel, relinquishment or otherwise, unless confirmed in writing by the
parties. Nor shall any custom or practice which may develop between the parties in the course of
performance of this Agreement be construed to waive or lessen the right of either party to insist
upon compliance with the provisions hereof by the other party. It is understood that the parties
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conditions require, but this Agreement shall nonetheless be binding upon the parties as written.
24. LA W APPLICABLE. All matters affecting the interpretation of this Agreement
and the rights of the parties hereto in relation to this Agreement shall be construed, governed and
controlled in accordance with the laws of the State of North Carolina.
25. RECONCILIATION. In the event Husband and Wife end their separation by
reconciliation and resumption of marital cohabitation, the executory provisions of this agreement
shall be thereby cancelled and rescinded, but all the provisions of this Agreement for settlement
of property rights shall, to the extent of complete or partial performance, nevertheless continue in
full force and effect without abatement of any term or provision hereof, unless and until such
provisions are cancelled or rescinded in a written agreement duly executed by both Husband and
Wife. The parties agree and acknowledge, however, that the provisions contained herein with
regard to the division of both real and personal property shall be deemed fully executed at the
time this Agreement is signed by both parties and shall not be affected by a reconciliation of the
parties. All real and personal property, tangible or intangible, transferred and assigned pursuant
to the property settlement provisions of this Agreement between the parties shall remain the sole
and separate property of the transferee as stated herein and will not be considered marital
property in the event of any reconciliation or resumption of marital cohabitation between the
parties. In the event of a reconciliation or resumption of marital cohabitation of the parties, if the
parties acquire property other than property specifically allocated in this Agreement, such
property will be subject, in the event of a subsequent separation, to any right or entitlement that
either party may have at that time pursuant to Chapter 50 of the North Carolina General Statutes,
or otherwise now or hereafter provided by law.
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26. ENFORCEMENT. The parties agree that the remedy at law for any breach of
this Agreement will be inadequate unless the provisions hereof shall be enforceable by specific
performance and accordingly, either party shall be entitled to specifically enforce each and every
provision of this Agreement as allowed by North Carolina law. The right to specific
enforcement of this Agreement shall be in addition to all other rights and remedies that either
party may have at contract, law or in equity arising by reason of any breach of the Agreement by
the other party. Both parties acknowledge that neither party has a plain, speedy, or adequate
remedy to compel compliance with the provisions of this Agreement, that neither party shall be
required to repeatedly file suit for any breach of this Agreement, and that an order of specific
performance enforceable by contempt is an appropriate remedy for a breach by either party.
27. PAYMENT OF COUNSEL FEES AND EXPENSES UPON BREACH. In
the event that either party shall institute an action to enforce the provisions of this' Agreement or
upon breach by either party of this Agreement, the party determined to be responsible to the
other, whether such determination is made by adjudication or settlement, shall be solely
responsible for all attorney's fees, court costs, and related expenses incurred by the prevailing
party. In the event such detelIIlination is made by adjudication, the amount so awarded shall be
in the sole discretion of the presiding judge. Costs and expenses shall include, but are not
limited to, attorney's fees and expenses, reasonable travel costs, and deposition expenses. It is
the intent of this paragraph to induce both Husband and Wife to comply fully with the terms of
this Agreement to the end that no litigation, as between these parties, is necessary regarding the
areas which this Agreement addresses. In the event of litigation, it is the further intent to
specifically provide that the losing party pays all reasonable fees and costs that either side may
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incur. The parties agree that this Agreement is evidence of an indebtedness entitling the
prevailing party to an award of attorney's fees.
28. SUBSEQUENT DIVQRCE. This Agreement is unconditional and shall survive
any subsequent divorce decree obtained by either party, and no such decree shall terminate,
modify or otherwise affect the rights and obligations provided for herein. This Agreement shaH
not be incorporated either verbatim or by reference in any decree of absolute divorce
subsequently entered between the parties.
29. PARTIAL INVALIDITY. This is a non-integrated Agreement. It is the
intention and agreement of the parties that each provision of this Agreement is separate and
independent from every other provision of this Agreement. If any provisions of this Agreement
are held to be invalid or unenforceable, all other provisions shall nevertheless continue in fuH
force and effect.
30. BINDING EFFECT. Except as otherwise stated herein, all of the provisions of
this Agreement shaH be binding upon each of the parties and the respective heirs, next of kin,
executors, administrators and assigns of the parties.
31. ,JURISDICTION. Each party hereby submits himself or herself to the
jurisdiction of the courts of the state of North Carolina in any future action brought by either of
them to enforce the provisions of this Agreement.
32. FULL DISCLOSURE. The parties acknowledge and represent to each other that
they have made a fuH disclosure of all of their property, marital and separate, owned by either of
them, or jointly, and acquired during their marriage. A party to whom fuH disclosure has not
been made shall have the right to an equal division of any marital assets not disclosed by the
other party.
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33. REPRESENTATION. Both parties acknowledge that the Wife is represented by
Judy Whisnant and that the Husband has consulted with counselor has been given the
opportunity to consult with counsel prior to the execution of this Agreement and have read and
fully understand each and every provision of the Agreement, and both parties acknowledge that
the Agreement is fair, reasonable and equitable and is not the result of fraud, duress or undue
influence exercised by either party upon the other or by any other person or persons upon either.

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IN WITNESS WHEREOF, the parties have signed, sealed, and acknowledged this Agreement in

triplicate originals.
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NORTH CAROLINA
DURHAM COUNTY
I, the undersigned, a Notary Public in and for said County and State, do hereby certify
that Mollie Maria Flanagan, Wife, personally appeared before me this day, and I have
seen satisfactory evidence of her identity, and acknowledged the due execution of the
foregoing Separation Agreement and Property Settlement.
WITNESS hand and notarial seal this
2009.
Notary Public:
NORTH CAROLINA
DURHAM COUNTY
I, the undersigned, a Notary Public in and for said County and State, do hereby certify
that Marc John Hamlen, Husband, personally appeared before me this day, and I have
seen satisfactory evidence of his identity, and acknowledged the due execution of the
foregoing Separation Agreement and Property Settlement.
WITNESS hand and notarial seal this
2009.
Notary Public:
My Coml1)iss,ion Expires:
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WILLIE L. COVINGTON
200 E. MAIN STREET
DURHAM, NC 27701
It is part of recorded document, and must be submitted with original for re-recording .
************************************************************************************************************************
Filed For Registration: 09/30/2009 12:18:48 PM
Book: RE 6333 Page: 307329
SEPA 23 PGS $77.00
NS: $25.00
Recorder: APRIL J WILLIAMS
2009035110
Durham County
MELIONES

PREPARED BY: Susan H. Lewis, Attorney at Law
FOR
ION REGISTER OF DEEDS
. Covington
COUNTY, NC
17 03:43:55 PM
BK 6094 PG: 684-706 FEE: $77. 00
I
RETURN TO: Jon Meiiones, 501 Finsbury St. #302, Durham, NC 27703
SEP ARA nON AGREEMENT
AND PROPERTY SETTLEMENT
BETWEEN
JON MELIONES, Husband
AND
THERESA MELIONES, Wife
DATED
SEPTEMBER 9, 2008
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NORTH CAROLINA
DURHAM COUNTY
SEPARATION AGREEMENT
AND PROPERTY SETTLEMENT
'M.
THIS AGREEMENT, entered into this c:y day of September, 2008,
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between JON MELIONES ("Husband"), whose address is 3939 Pleasant
Green Road, Durham, North Carolina 27705, and THERESA MELIONES
("Wife"), whose address is 1715 Faison Road, Durham, North Carolina
27705 (the "Residence").
WIT N E SSE T H:
The parties were lawfully married in Boston, Massachusetts on the
14th day of June, 1987.
There has been issue of the marriage, namely, NICOLAOS
,
MELIONES, born April 16, 1989 (the "Son"), and ALEXANDRA MELIONES,

born March 30, 1991 (the "Daughter") (referred to herein collectively as the
"Children" and individually sometimes as each "Child"). The parties have
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also raised another child, RYAN LEVITAN (hereinafter "Ryan"), who is the
Wife's child from another marriage and who has attained his majority .

The parties separated on April 28, 2008, and have continued to live
separate and apart since that date.
The parties wish to continue living apart and therefore they desire to
settle their respective support and property rights and agree on terms for
the custody, support, maintenance, and education of the Children.

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Meliones: Separation Agreement
and Property Settlement
Page 2
NOW THEREFORE, in consideration of the premises and the mutual
promises and undertakings hereinafter set forth, and other good and
valuable consideration, the parties agree as follows:
LIVING SEPARATE AND APART
1. Separation. The parties shall continue to live separate and apart in the
future, free from interference by each other.

2. No Interference. Neither party will molest, harass, or interfere with the
other, or seek to compel the other party to cohabit or dwell with him or her
by any proceedings for restoration of the marital rights or otherwise, and
neither party will go on or about the premises of the other, or about the
other's place of work, without his or her consent.
PROPERTY SETTLEMENT
3. Personal Property. The parties hereby make the following disposition of
their personal property:
3.1. Household Effects. Except for the items listed in Schedule A
attached hereto (the "Schedule A Items"), all the furniture, furnishings,
household goods and appliances, fixtures and appurtenances, books,
jewelry, and works of art, and other items of personal property located at
the Residence shall constitute the sole and exclusive property of the Wife.
The Schedule A Items shall constitute the sole and exclusive property of the
Husband.
3.2. Automobiles. The parties own a (i) 2007 Jeep Cherokee (the
"Cherokee"); (ii) a 2003 Hummer (the "Hummer"); (iii) a 2002 Lexus (the
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"Lexus"); (iv) a 2007 Jeep (the "Jeep"); and (v) a 2001 Mitsubishi (the
"Mitsu bishi").
The Husband hereby releases any claim or right he may have to the
Cherokee, and agrees that the Cherokee shall be the Wife's sole and sepa-
rate property from and after the date this Agreement is signed by both
parties.
The Wife hereby releases and relinquishes to the Husband all her
right, title, and interest in the Hummer, the Lexus, the Jeep, and the
Mitsubishi, and agrees that said vehicles shall be the Husband's sole and
separate property from and after the date this Agreement is signed by both
parties; provided, however, the parties agree that the Lexus belongs to .
Ryan, the Jeep belongs to the Daughter, and the Mitsubishi belongs to the
Son.
Both parties will execu te such car titles as may be necessary to give
full force and effect to this Agreement. The Wife wiiJ obtain automobile
insurance on the Cherokee at the end of the current paid up insurance
period.
3.3. Bank Accounts. The parties have closed all bank accounts
which have ever existed in their joint name.
Each party hereby waives any right, title, or interest he or she may
have or claim to any savings or checking account which the other party in
his or her sole name, or with any other person jointly, has had or may have
in the future in any bank anywhere.
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3.4. The Husband's Duke Retirement Plan. The Husband is the
owner of certain vested rights under the Fidelity Retirement Plans at Duke
University Medical Center (PVT Diagnostic PS Account No. 50796 and Duke

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Page 4
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University Account No. 82205) (the "Husband's Duke Retirement Plan"),
which will entitle him to receive certain sums of money upon retirement
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from his employment. The parties hereby acknowledge that the Husband's
rights under the Husband's Duke Retirement Plan, as set forth above,_are
marital property within the meaning of the North Carolina Equitable
Distribution Act, N.C.O.S. Section 50-20, as amended. The parties have
agreed that the Wife shall receive sixty percent (60%) of the balance in the
Husband's Duke Retirement Plan on August 31, 2008, plus or minus any
passive increases or decreases attributable to such balance between August
31,2008, and the date of distribution. The Husband hereby agrees that he
will execute any and all documents which may be necessary to direct that
the administrator of the Husband's Duke Retirement Plan (or other person
or entity responsible for making payments to beneficiaries under the
Husband's Duke Retirement Plan) make and deliver to the Wife the
payments provided for herein. Upon the Wife's request therefor, the
Husband will demonstrate to the Wife that he has executed and delivered to
the administrator of the Husband's Duke Retirement Plan or other
responsible person or entity all documentation which may be necessary to
transfer benefits to the Wife hereunder or to assure that she will receive the
sums of money provided for hereunder. Furthermore, the Husband agrees
that he will timely execute a Consent Judgment containing all provisions
necessary to perfect the Wife's rights to the Husband's Duke Retirement
Plan hereunder under applicable State and federal law and regulation. In
exchange for the Husband's promises hereunder, the Wife agrees to, and
does hereby, waive any and all claim or right she may have now or may
become entitled to in the future to the Husband's Duke Retirement Plan or
,
,
._. __ . __ .-
,
Page 5
. _ .. .. _-
to any rights or claims accruing to her thereunder or in connection
,
therewith. The Wife's attorney will be responsible for preparing all
documents hereunder, at the Wife's expense, and the Husband shall sign all
releases necessary for preparation of a QDRO,
3,5, The Husband's TIAA-CREF Retirement Account. The Husband
is the owner of certain vested rights under the TIAA-CREF Retirement Plan
at the University of North Carolina (the "Husband's TIAA-CREF Retirement
Plan"), which will entitle him to receive certain sums of money upon retire-
ment. The parties hereby acknowledge that the Husband's rights under the
Husband's TIAA-CREF Retirement Plan, as set forth above, are marital prop-
erty within the meaning of the North Carolina Equitable Distribution Act,
N,C,G.S. Section 50-20, as amended. The parties have agreed that the Wife
shall receive sixty percent (60%) of the balance in the Husband's TIAA-CREF
Retirement Plan on August 31, 2008, plus or minus passive increases or
decreases attributable to such balance between August 31, 2008, and the
date of distribution, The Husband hereby agrees that he will execute any
and all documents which may be necessary to direct that the administrator
of the Husband's TIAA-CREF Retirement Plan (or other person or entity
responsible for making payments to beneficiaries under the Husband's
TIAA-CREF Retirement Plan) make and deliver to the Wife payments pro-
vided for herein, Upon the Wife's request therefor, the Husband will
demonstrate to the Wife that he has executed and delivered to the admin-
istrator of the Husband's TIAA-CREF Retirement Plan or other responsible
person or entity all documentation which may be necessary to transfer
benefits to the Wife hereunder or to assure that she will receive the sums of
money provided for hereunder. Furthermore, the Husband agrees that the
- --- ----

--. -:-.-

-- ... _--_ . -,._" ---
Page 6
-- - - -, ,- .. -
Husband will timely execute a Consent Judgment containing all provisions
necessary to perfect the Wife's rights to the Husband's TIAA-CREF
Retirement Plan hereunder under applicable State and federal law and
regulation. In exchange for the Husband's promises hereunder, the Wife
agrees to, and does hereby, waive any and all claim or right she may have
now or may become entitled to in the future to the Husband's TIAA-CREF
Retirement Plan or to any rights or claims accruing to her thereunder or in
connection therewith. The Wife's attorney will prepare all documents
hereunder, at the Wife's expense. The Husband shall sign all releases
necessary for the preparation of a QDRO.
3.6. The Husband's Morgan Stanley Tax Deferred Accounts. The
Husband is the owner of two tax deferred accounts with Morgan Stanley
("the Husband's Morgan Stanley Tax Deferred Accounts"). The Husband
hereby agrees that he will execute any and all documents that may be
,
.
necessary to transfer to the Wife sixty percent (60%) of the value of his
Morgan Stanley Tax Deferred Accounts. Upon the Wife's request therefore,
the Husband will demonstrate to the Wife that he has executed and
delivered to the administrator of the Husband's Morgan Stanley Tax
Deferred Accounts or other responsible person or entity all documentation
which may be necessary to transfer benefits to the Wife hereunder or to
assure that she will receive the sums of money provided for hereunder. The
Husband agrees that he will timely execute a Consent Judgment containing
all provisions necessary to perfect the Wife's rights in the Husband's
Morgan Stanley Tax Deferred Accounts hereunder under applicable State
and federal law and regulation. In exchange for the Husband's promises
hereunder, the Wife agrees to, and does hereby, waive any and all claim or
--;-c

- ~ -- ------, - - -
_ .. _------------
----- ---- -----,-" .. _- , ... ,.-------------- ---"

alld Property Settlement
Page 7
right she may have now or may become entitled to in the future to the
.
Husband's Morgan Stanley Tax Deferred Accounts or to any rights or claims
accruing to her thereunder or in connection therewith. The Wife's attorney
will prepare all documents hereunder at the Wife's expense ..
3.7. The Morgan Stanley Cash Accounts. The parties own five cash
accounts with Morgan Stanley, which accounts are listed and valued as of
July 31,2008, on Schedule B attached hereto (the "Morgan Stanley Cash
Accounts"). Each party represents that he or she has made no withdrawal
from the Morgan Stanley Cash Accounts since July 31, 2008. The parties
agree that the Morgan Stanley Accounts shall be distributed as follows:
Items 3, 4, and 5 will be distributed to the Wife at no value on the condition
that the Wife applies one hundred percent (100%) of Items 3, 4, and 5
towards the Children'S college education. As to Item 1, the Husband will
receive the sum of NINETY THOUSAND DOLLARS ($90,000) from Item 1,
.
and the Wife will receive the balance.; and as to Item 2, the Husband will
receive a sum equal to one-half of the value of Items 1 and 2 after deducting
the sum of NINETY THOUSAND DOLLARS ($90,000) and the Wife will
receive the other half of said sum. Schedule B contains an approximation
of those sums based on a July 31,2008, value. Upon the actual division,
the parties will adjust the sums to reflect increases or decreases in value
since July 31, 2008.
3.8. The Wife's Savings Account. The savings account presently
maintained in the Wife's name at Branch Bank & Trust, Account No.
6000377234, having a date of separation balance of THIRTY-FIVE THOU-
SAND DOLLARS ($35,000), shall be distributed to the Wife in an equal
distribution of the parties' marital property.

----;--,---,-------- - .

------ - - - - -

Page 8
3.9. The Wife's Certificate of Deposit. The certificate of deposit in
the Wife's sole name at Branch Bank & Trust, Account No. 6000220585,
having a date of separation balance of SIXTY-FOUR THOUSAND FOUR
HUNDRED THIRTY-THREE DOLLARS ($64,433), shall be distributed to the
Wife in an equal distribution of the parties' marital property.
3.10. General Release of Claims Against Personal Property. Except
as provided herein specifically to the contrary, each of the parties shall own,
have and enjoy independently of any claim or right of the other party, all
items of personal property belonging to him or her and now in his or her
possession, or which may hereafter belong or come to him or her, with full
power to him or her to dispose of the same, as fully and effectually in all
respects and for all purposes, as though he or she were unmarried.
4. Credit Cards. The parties agree to close all charge accounts held in their
name jointly, and each party will return to the other any credit card he or
.
she is now holding on any charge account in the other party's name.
Neither party shall have any right to make any charge on any charge
account in the other party's name, and a party who does make any such

charge, shall reimburse, indemnify and hold harmless the other party for
any costs incurred by him or by her as a result of any such charge .

5. Debts. Each party represents and warrants to the other that he or she
has not heretofore incurred any debts or obligations for which the other
party or the other party's estate may be charged or held liable, and each
party agrees to fully reimburse the other party or the other party's estate for
any liability so incurred and not disclosed hereunder.
The parties have a marital debt to the Internal Revenue Service and
the North Carolina Department of Revenue for taxes, penalties, and interest
--- ---,-
--- - -

--:-------

._--" .. -

Page 9
,- --,'
on their joint federal and North Carolina tax returns for 2004 and 2005 (the
"Tax Debt"). The parties agree that the Husband shall be solely responsible
for the entire Tax Debt, including' penalties and interest, and that he will
indemnify the Wife and hold her harmless against any liability on the Tax
Debt.
6. The Residence. The parties are owners as tenants by the entirety of the
Residence. The following disposition shall be made of the Residence:
6.1. Occupancy. The Wife shall have the sole and exclusive right to
occupy the Residence until the sale of the Residence pursuant to Paragraph
6.3.
6.2. Financial Responsibility. During the period of the Wife's exclu-
sive occupancy or possession of the Residence, the Husband shall be solely
responsible for the following charges and expenses owing or incurred in
connection with the Residence, namely: the monthly mortgage payment to
Branch Banking & Trust, the second mortgage payment to Branch Banking
& Trust, county and city personal and real property taxes and assessments,
homeowner's insurance and comprehensive liability insurance premiums,
any repair costs in excess of FIVE HUNDRED DOLLARS ($500), monthly
.
landscaping charges, gas, water, electricity, and Time Warner Cable Package
(cable, ISP, and telephone). To the extent possible, the Husband shall
.
arrange for the Husband to pay the utility bills by automatic draft.
(i.3. Sale of Residence. No later than October 15, 2008, the parties
will place the Residence on the market for sale and they agree to list the
Residence under a six-month listing with a mutually acceptable realtor at
,
an asking price recommended by said realtor. Both parties agree to cooper-
ate fully in the realtor's efforts to market the Residence for sale. At the
-----
-
-
---. -- -. --_._" ~
- , "'---, --------- - - ,.-
Page 10
. ---_. _._-------- -' - -- - - -,._-- --- ----- -- ~ -- ~
closing on the sale of the Residence, the first and second mortgage debt on
the Residence held by Branch Banking & Trust will be paid in full, and all
other charges _associated with selling the Residence. The parties will then
distribute the remaining proceeds as follows: fifty percent (50%) to the
Husband and fifty percent (50%) to the Wife. The parties agree to accept
any cash offer for the sale of the Residence that the Husband chooses to
accept, provided, however, if the Husband chooses to accept an offer that
results in a net loss on the closing statement at sale, the Husband agrees to
pay one hundred percent (100%) of said loss and to indemnify the Wife and
hold her harmless against any such loss. Furthermore, the Husband agrees
to guarantee that upon the sale of the Residence, the Wife will receive at
least TWENTY THOUSAND DOLLARS ($20,000) at the closing on the sale.
For example, if the net proceeds of sale are THIRTY THOUSAND DOLLARS
($30,000) the Wife will receive TWENTY THOUSAND DOLLARS ($20,000) and
the Husband the balance. If the net proceeds are less than TWENTY
THOUSAND DOLLARS ($20,000), the Wife will receive one hundred percent
of the proceeds and the Husband will make up the difference between
twenty thousand dollars and the lesser net proceeds out of his own funds,
up to a total of $20,000. If there are funds due at closing, the Husband will
pay the Wife $20,000 in addition to such funds due at closing.
7. Free Enjoyment and Alienation. Each party shall hereafter own, have
and enjoy independently of any claim or right of the other party, all items of
real or personal property, tangible or intangible, now or hereafter belonging
to him or her, in his or her own name singly or with a third party, and now
or hereafter in his or her possession, with full power in him or her to dis-

- ~ : - ~ - - : - - - ~ ~ - -- - - - - - - - - - - - - - ~ - - - . -- - - ~ - - --------,------ ,
- -------- - - - - - - - - - ~ - -

Page 11
pose of the same as fully and effectually in all respects and for all purposes
as though he Of she were unmarried.
Each party may at all times hereafter purchase, acquire, hold,
possess, encumber, convey, or otherwise dispose of any and all kinds and
classes of property, both real and personal, in his or her name, as though
unmarried, and free from the consent, joinder, or interference of the other
party, in the same manner and to the same extent as though they had never
been married. Each party agrees to execute, acknowledge, and deliver to
the other at his or her request, whatever instruments as may be reasonably
necessary to enable the other party conveniently to dispose of and convey
any of his or her property, either real or personal, but this obligation shall
not be construed to impose on the accommodating party any personal
liability with respect to warranty of title or otherwise, and shall be required
only to the extent reasonably necessary for one party further to release his
or her interest in the property of the other and further to evidence his or her
consent to such disposition of the property by the other.
8. Transfer of Property Without Joinder of Spouse. It is understood and
agreed that, in any sale, transfer or conveyance by either of the parties
hereto of any real or personal property now owned or hereafter acquired by
such party, it shall not be necessary in order for the grantee or transferee to
have a good title that the other party hereto sign and execute the deed, deed
of trust, mortgage, bill of sale or other instrument of transfer for the sale or
conveyance of said property. Each of the parties hereto hereby releases to
the other all right, title, and interest that he or she may now or hereafter
have in any real or personal property now owned or hereafter acquired by
the other, and, with regard to any such property, each shall be in the same
. ~ --------

- --" - ---_.- - -
- ---, -"-------.--- .. -
Page 12
- ------------_.- - - ,- _.-- ---------
position and status as if such party were single and unmarried, and as if

.--- -------
the marriage between the parties had never taken place. However, each of
the parties hereto will, at any time or times hereafter, make, execute and
deliver any and all further instruments as the other party shall reasonably
require for the purpose of giving full effect to the covenants, provisions, and
agreements of this Paragraph 8.
9. Waiver of Estate Rights.
9.1. Release of Rights by Husband. The Husband does hereby
waive, quitclaim, discharge, release and relinquish unto the Wife, her heirs,
executors, administrators and assigns: (1) all and every right to a distribu-
tive share of the estate of the Wife upon her death; (2) all and every right to
elect to take a life estate in real estate belonging to the Wife upon her death;
(3) all and every right to dissent from any will of the Wife upon her death;

(4) all and every right to a year's allowance upon the death of the Wife; (5)
all and every right to administer upon the estate of the Wife upon her death;
and (6) all other rights or interests in property, both real and personal,
which the Husband now has or may hereafter acquire, rising out of or ac-
cruing to the Husband by reason of the death of the Wife under the existing
or fu ture laws of any jurisdiction whatsoever.
9.2. Release of Rights by Wife. The Wife does hereby waive, quit-
Claim, discharge, release and relinquish unto the Husband, his heirs,
tive share of the estate of the Husband upon his death; (2) all and every
.
right to elect to take a life estate in real estate belonging to the Husband
upon his death; (3) all and every right to dissent from any will of the Hus-
band upon his death; (4) all and every right to a year's allowance upon the

-------
,

,
-- ~ -
. -_ ..
Page 13
~
- - ------, -- -- -- ------ - -
death of the Husband; (5) all and every right to administer upon the estate
of the Husband upon his death; and (6) all other rights or interests in
property, both real and personal, which the Wife now has or may hereafter
acquire, rising out of or accruing to the Wife by reason of the death of the
Husband under the existing or future laws of any jurisdiction whatsoever.
10. Waiver of Rights Under N.C.G.S. Section 50-20. Each party has been
advised of his or her rights under North Carolina law to an equitable distri-
bution of the parties' marital property. Each party acknowledges that the
property division contained in this Agreement is fair and equitable in light
of all the circumstances of the parties' situation as of the date hereof and of
their marriage. In consideration for the provisions of this Agreement and
,
the distribution of marital property to be made to the parties hereunder,
each party hereby waives any and all claim or right to an equal or equitable
distribution of the parties' marital property pursuant to N.C.G.S. Section
50-20, as amended, or under the present or future laws of any state whatso-
ever and further agrees to accept and accepts the property settlement terms
of this Agreement as a full, fair, final and complete settlement of any and all
property rights which such party has had, has or may acquire in the future
by virtue of or arising ou t of his or her marriage to the other.
11. THERE IS NO PARAGRAPH 11.
12. Alimony.
12.1 Periodic Alimony. The Husband shall pay to the Wife, as
alimony for her support and maintenance, the monthly sum of THREE
,
THOUSAND DOLLARS ($3,000) on the first (1st) day of each month, begin-
ning with the first (I st) day of the October following the signing of this
Agreement and continuing until and including the closing on the sale of the

-.-.---' .;

- - ~ .
-_.- ..- ----', .' ... _-
Page 14
. - ---
._----- ,_. - - -,
Residence pursuant to Paragraph 6.3, and thereafter the sum of FOUR
THOUSAND TWO HUNDRED FIFTY DOLLARS ($4,250) a month on the first
(1st) day of each month until October 1, 2018, at which time all the
Husband's obligations to pay alimony to the Wife shall terminate absolutely
and forever. The Husband's obligation to pay any alimony, support or
maintenance to the Wife shall terminate on the first to occur of any of the
following events: (i) the Husband's death; (ii) the Wife's death; (iii) the Wife's
remarriage; or (iv) the Wife's "cohabitation" within the meaning of N.C.G.S.
,
50-16, unless sooner terminated on October 1, 2018, under the preceding
sentence. All payments to be made by the Husband under this Paragraph
12.1 shall be made by direct deposit into a bank account designated by the
Wife.
12.2 Health Insurance and COBRA Coverage. The Husband shall
pay as additional alimony to the Wife the cost of maintaining her as a
dependent on the COBRA health insurance available to her by reason of the
Husband's employment at Duke University for a period of thirty-six (36)
months following the parties' divorce.
13. Waiver of Alimony and Support Claims. Except as provided specifically
to the contrary in Paragraph 12, entitled "Alimony," the Wife, in considera-
tion of the provisions of this Agreement, hereby releases and relinquishes
any claims or rights she may have or may hereafter acquire to support,
alimony or maintenance. The Wife further agrees that she will not incur or
contract any debts hereafter for her own benefit upon the credit of the
Husband, and neither party shall be responsible for the payment of any
de bts hereafter created by the other.

~ ~ ~ -- ~ ~
--.-'-- --..,.-,-.. --~ - - ~ --~ ~
- - - ,

Page 15
CUSTODY AND CHILD SUPPORT
14. Joint Custody. The parties shall have joint legal custody of the
Daughter. The Daughter, who shall attain her majority in less than six (6)
months from the date of this Agreement, shall reside with each of her
parents according to a schedule determined by the Daughter.
15. Child Support. Neither party shall be required to pay direct child

support to the other. The Husband's payments under Paragraph 6.2 of this
Agreement shall be deemed to fulfill any obligations he might have to pay
child support to the Wife.
16. Health Insurance. The Husband represents that as of the date of this
Agreement he is presently carrying for the benefit of the Wife and the Chil-
dren Major Medical Insurance Coverage under the Duke Select group
insurance plan at Duke University Medical Center the "Husband's Health
Insurance"). So long as the Husband continues in the employ of Duke
University Medical Center and the group insurance plan is in effect there,
the Husband shall maintain the Wife's health insurance (i) for the Wife so
long as the parties remain married, and (ii) for each of the Children until
they respectively are no longer eligible for coverage under the terms of the
group insurance plan.
17. Uninsured Medical Expenses. The Husband will pay all reasonable
medical and dental expenses for each Child until such Child attains the age
of eighteen (18), marries, or otherwise becomes emancipated. All the
Husband's obligations under this Paragraph 17 shall terminate on the
Husband's death.
18. Taxes.

- -
_--.:._._---, ------ ..- ----
;-. 1-
- ._-
----- -----
. ---_.
, .
,
Page 16
18,1. Joint Tax Returns. The Husband agrees to indemnify the Wife
.
and hold her harmless against any liability on any joint federal or state tax
return ever signed by the parties.
18.2. Tax Consequences of Alimony Payments. The parties are
aware that, under the income tax laws, if the parties file separate returns
the Wife is required to include in her income for income tax purposes all
sums paid to her under Paragraph 12 above, and the Husband is entitled to
deduct such payments in their entirety from his income tax returns.
18.3. Dependency Deduction. For any taxable year in which the
parties either (i) elect not to file a joint return or (ii) are not eligible to file a
joint return, the Husband shall be entitled to the dependency exemption for
each Child, so long as the Child (respectively) qualifies as a dependent
within the meaning of Section 152 of the Internal Revenue Code.
18.4. Mortgage Interest and Taxes. As long as the Husband is
.
making the payments required under Paragraph 6.2, he shall be entitled to
claim one hundred percent (100%) of all tax deductions associated there-
with.
19. Future Cooperation. Each party shall, from time to time, and at any
time hereafter, take any and all steps and execute, acknowledge and deliver
to the other party (or his or her appointed representative) any and all future
instruments, documents, and assurances that the other party may reasona-
bly require for the purpose of giving full force and effect to the provisions of
this Agreement.
20. Choice of Law. This Agreement shall be interpreted and governed in
,
-.-'--';','- -'

_ ... . '--..... --
Page 17
-- . ... -
-- - "1-
21. Divorce. This Agreement shall not be construed to prevent either party
from suing for divorce in any competent jurisdiction. No decree so obtained
. shall in any way affect the terms hereof. This Agreement shall survive any
such decree and shall not be merged or incorporated into any decree that is
entered.
22. Binding on Estates. Except as otherwise provided herein, the provi-
sions of this Agreement shall be binding on the respective heirs, executors,
and administrators of each of the parties.
23. Life Insurance. The Husband agrees to maintain the Wife as benefici-
ary of term life insurance in an amount sufficient to pay his alimony obliga-
tions under this Agreement one day before his death. The obligations of the
preceding sentence shall survive the Husband's death. The Husband agrees
to sign a release au thorizing the Wife to gain access to the beneficiary
designations on his group term life insurance at Duke University to verify
the Husband's compliance with the requirements of this Paragraph 23.
24. Release of Claims. Except as otherwise herein expressly provided, the
parties shall, and do hereby, mutually release, remise and forever discharge
each other from any and all actions, suits, debts, claims, demands, and
obligations whatsoever, both in law and in equity, which either of them ever
had, now has, or may hereafter have against the other or against any third
party, upon, or by reason of, any matter, cause or thing, arising out of the
marital relationship of the parties and occurring prior to the date of the
execution of this Agreement.
25. Representation and Advice. Each party acknowledges that he or she
has been represented by an attorney or his or her own choosing and
selection in connection with the execution of him or her of this Agreement,
--.' -

.C-' --1-
---'------.----- - - - --" ---- - ---- , .------------ -1-
Meliones: Separation Agreement'
Page 18
and that he or she has been fully informed of his or her legal rights by such
attorney, and as to the effects of the provisions of this Agreement, and that
the provisions of this Agreement are fair and adequate in all respects. The
Husband has been represented by Susan H. Lewis, Attorney at Law of
Chapel Hill, North Carolina. The Wife has been represented by Rose
Mackritis, Attorney at Law of Durham, North Carolina.
26. Breach. Either party shall be entitled to recover his or her reasonable
attorney's fees and costs if a court of competent jurisdiction finds the other
to be in breach of this Agreement.
27. Specific Performance. The provisions of Paragraph 6.2 and Paragraph
12 shall be subject to the remedy of specific performance.
28. Full Disclosure. The parties respectively acknowledge that each fully
understands the facts underlying this Agreement and that each party has
fully disclosed to the other his or her complete financial worth, and that
each of them is signing this Agreement freely and voluntarily.
29. Entire Agreement and Modification. This Agreement constitutes the
entire understanding of the parties. There are no representations or war-
ran ties other than those expressly set forth. No modification or waiver of
any of the terms hereof shall be valid unless in writing and signed by both
the parties.
IN WITNESS WHEREOF, the parties have set their hands and seals
to two counterpar s of this Agreement, each of which shall constitute an
JON
__ aay of September, 2008.

~ ~ q ( j ~ 1 ~ ... ::-::-::...." __ (SEAL)
THERESA MELIONES
,

--_.--- ---

-_.------ ---- ------ --
- - ---

,

. \\
c 'I-
" .'
"') .'

. ., ,
.
-, .
, . . .
,
.-
, "
Page 19
NORTH CAROLINA
ORANGE COUNTY NOTARY
county and state, do hereby certify that JON MELIONES personally
appeared before me this day and acknowledged the due execution of the
foregoing instrument. q"'-
Witness my hand and notarial seal, this ___ day of September,
2008.
NOTARY PUBLIC
My commission expires:
COUNTY OF: __ 0-,--(_' ----'
2",0
* * * * * * * * * * * * * * * * * * * * * * * * * *
NORTH CAROLINA
I, U,5AJ w.. , a Notary Public of and for said
county and state, do hereby certify that THERESA MELIONES personally
appeared before me this day and acknowledged the due execution of the
foregoing instrument.
Witness my hand and notarial seal, this __ day of September,
2008 .

NOTARY PUBLIC

expires: COUNTY OF:

~ . - - , - -

._.- - - - - ~
--_. -_.-
Page 20
- ~ - - - . - - ~ ~ .
SCHEDULE A
1. Male chest of drawers in master bedroom.
2. Male nightstand in master bedroom.
- .. - --_. -----1--
3. All items from upstairs deck, including lounges and tables.
4. All items from family room except plasma TV (stays at Residence until
sale).
5. All items from kitchen eating area, including block table and red chairs
(stays at Residence until sale).
6. Cast paper artwork from dining room.
7. Wine refrigerator.
8. Half the wine glasses, china.
9. Plasma TV from living room.
, .
.'
; ~

I ~ - ---------- ----- --
Page 21
SCHEDULE B
1. Morgan Stanley No.
,
640-065914 JTWROS
$121,737.21 as of 7.31.08
640-065915 JTWROS
$135,776.67 as of 7.31.08
640-058592 (529)
(Wife's name) $1,417.21
640-058592 Wife as
Custodian for Daughter
$15,175.17
5. Morgan Stanley No .
640-058593 Wik as
Custodian for Son
$16,484.17
HUSBAND
90,000
83,756.84
_.- .--------- ----- ---

WIFE
Balance
" $83,756.84
Balance
o
o
o
WILLIE L. COVINGTON
200 E. MAIN STREET
DURHAM, NC 27701

******.**.************************************.*************************************************************************
Book: RE 6094 Page: 684-706
SEP-A 23 PGS $77.00

2008044039
Mecklenburg County
BELK
(Page 1 of 35)
STATE OF NORTH CAROLINA PROPERTY SEmEMENT, AND
ALIMONY AGREEMENT
COUNTY OF MECKLENBURG
This SEPARATION, PROPERTY SETIlEMENT AND ALIMONY AGREEMENT is
made and entered into this __ day of _____ , 2009 by and between RONALD
BAXTER BElK, JR. hereinafter referred to as ' Ron" and CAROL ANNE KONSlER BElK
hereinafter referred to as ' Carol' , both parties being residents of the County and State
afore$aid;
A.
B.
C.
FACTUAL BACKGROUNp
Purpa.,. The parties desire to enter into this Agreement to:
i. confirm their date of separation and declare that they desire to live separately;
ii . divide and distribute their marital assets and liabilities;
iii. set forth their agreement regarding their conditions concerning alimony;
iv. set forth their agreement regarding other marital issues.
Marriage. The parties were married to one another on January 29, 2000 and
phY$,eally separated on January 3. 2009.
Children. Three children were born. namely:
Madison Nicole Belk, born July 15, 2000 ("Madison");
Kimber Gracen Belk, born April 24, 2003 ("Kimber"): and
Leyla Brooke Belk, born May 2, 2005 ('Leyla1.
Herein, Madison, Kimber and Leyla may be referred to colleclively as 'the
minor children".
FOR J . DAVID GRCf:BERRY
"ECISTER Of DEEDS
MEeKl D.8LRG (ruNTY. NC
2009 J\..III \ 0 09 : 40 , 32
8K, 24818 PG : 98-132 FEE , S'l! . CO
I NSTRUI'IENT 2009081308
III
RETURNED TO CUSTOMER
(Page 2 of 35)
D. Representation. This Agreement is entered into freely and Ron
nor Carol is under any duress, coercion or other circumstance which in any way
negates the free action of either Ron or Carol as regards to the signing of this
Agreement. With respect to the negotiations resulting in this Agreement , Ron has
been represented by independent counsel of his own choice, Laura B. Burt, of
Hatcher Law Group, P.C. , Charlotte, North Carolina and Carol has been
represented by independent counsel of her own choice, B. Ockerman, of the
law firm Wishart Norris Henninger & Pittman, P.A., Charlotte, North Carolina, but
currently is representing herself. Each party has been able to ask his or her attorney
such legal questions as he/she so desi res regarding this Agreement prior to signing
of this Agreement.
E. Disclosure. The parties made a full and fai r disclosure to each other of all
property and interests in property, real and personal , tangible and intangible, of all
income by of them from all sources or due by either of them from all
sources and of al l debts known by either of them for which each, or the other, is or
may be liable. Each party is enteri ng into this Agreement based upon the
understanding that he or she has been provided complete and accurate information
regarding such interests and income by the other party. Each party hereby stipulates
and confirms that this Agreement sets forth in some manner, all assets and liabilities
known by him or her. Each party speCifically confirms thai this Agreement sets forth
all bank accounts, brokerage accounts andior accounts held in his or her
sale name and/or in the part ies' joinl names and that neither he nor she owns any
intangible assel which is nol sel forth and all ocated herein. Further, each party
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confirms that he nor she owns any other real estate, automobiles or other
tangible asset which is not referred to, in some manner, herein; it is specifically
understood that the household art , housewares, and jewelry have been
referred to generally and not specifically.
F. Consideration. The consideration for this Agreement is the giving of the mutual
promises contained herein and the other good and valuable conSideration, the receipt
and sufficiency of which is hereby acknowledged by each party.
1. Separation. The parties agree that they physically separated from one another on
January 3, 2009 and that it shall be considered lawful at all times hereafter for each
party to li ve separate and apart from the other at such place or places and with such
person or persons as each may deem fit, or as each may desire, and as he or she
may freely choose, free from all interference, authority and control, direct or indirect,
by the other party, as fully as if each party were unmarried. Neither party shall
molest or interfere the other party in any manner at any time, nor shall either
party compel or attempt to compel the other party to cohabit or dwell with him or her
in any way whatsoever.
2 Freedom to Emla9' in Contract From and after the date of each party
shall be considered free to carry on and engage in any employment, business, trade,
or profession each may desire, choose, or deem fi t.
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3. Property Division. The parties are mindful of their ri ghts to an equitable distribution
of their property as provided under North Carolina General Statutes Section 50-20,
~ It is, however, the intent of the parties to reach an agreement between
themselves by means of this Agreement as to the division of their marital and
divisible property, both real and personal, tangible and intangible. In view of the
foregoing, the part ies have agreed to a division of their assets and liabilities, as set
forth herein. A summary spreadsheet of the divi sion of assets and liabilities. as set
forth herein, is attached hereto as "EXHIBIT A". The spreadsheet is incorporated
herein by reference.
4. Property Transfer. The parties shall cooperate with each other to schedule
reasonable time(s) for the pick-up or delivery of items of property distri buted to the
other herein but not in the entitled party's possession ..
5. Additional instrumants. Each party shall execute al l instruments includi ng, but not
limited to, deeds, car titles, stock certificates, assignment forms for tax exemptions
and the like, that may be necessary from time to time to confirm such transfers as
are set out herein and to effect the terms of this Agreement, so long as party does
not thereby become obligated or assume any responsibility under such instrument or
agreement not required by this Agreement. It is agreed on the part of each party
hereto that, in the event of a sale, transfer, or other conveyance of property (real,
personal , or mixed), now owned or hereafter acquired by either party, if it should
become necessary in order to guarantee or pass good title thereto for the other party
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to this Agreement, to execute any deed, conveyance, bill of sale, or other legal
instrument concerning the dealing in such property, then in such event the other
party to this Agreement agrees to and will sign any instrument or conveyance which may
be reasonably required to perfect title in the party to whom it is sought to be
conveyed, so long as such party does not thereby become obligated or assume any
responsibility under such instrument or agreement not required by this Agreement. It
is covenanted and agreed between the parties that each of them shall and will , at any
time or time hereafter, make, execute, and deliver any and all such other further
assurances as either of said parties shall reasonably require for the purpose of giving
full effect to these agreements and to this covenant, so long as no obligation is
thereby imposed upon the party whose signature is sought by the other.
6. Real Property.
a. ClOister Driye Residence. The parties own a house and lot located at 2222
Cloister Drive, Charlotte, north Carolina (hereinafter "Cloister Court
residence"). As of the Signing of this Agreement , however, the part ies are
approximately eleven (11) months in arrears on the mortgage payments on
the Cloi ster Drive residence. The parties have listed the Cloister Court
residence for sale and the parties have listed the property with Realtor Tim
Rohan to attempt to reach an agreement for a "short sale" of the Cloister
Drive reSidence, the sale of the Cloister Drive residence or the foreclosure of
the Cloister Drive residence, the parties will have no further ownership or
liability associated with 2222 Cloister Drive. Pending a short sale of the
Cloister Drive residence, the foreclosure of the Cloister Drive residence or the
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be
sale of the Cloister Drive residence, as between Ron and Carol, Carol shall
entitled to remain in the Cloister Drive residence. Pending a short sale of the
Cloister Drive residence, the foreclosure of the Cloister Drive residence or the
sale of the Cloister Drive residence, as between Ron and Carol, both Ron and
Carol shall be equally responsible for all utility expenses, property insurance
and ongoing maintenance expenses. Carol and Ron shall be equally
responsible for the ad valorem taxes on the residence for tax year 2008. For
tax year 2009 pending the short sale of the Cloister Drive residence, as
between Ron and Carol , both Ron and Carol shall be equally responsible for
the ad valorem property taxes.
b. Old Providence Road Rental Residence. Ron owns a house and lot
located at 5938 Old Providence Road, Charlotte, North Carolina (hereinafter
"Old Providence Road residence"). The Old Providence Road residence was
appraised in early 2008 for $315,000.00. At this time, however. the parties
stipulate and agree that there is no equity in the Old Providence Road
residence based on the real estate market. The payoff on the Old Providence
Road residence in approximately $257,609.48. At thi s time, Ron is
approximately eleven (11) months in arrears on the mortgage on the Old
Providence Road residence and Ron is seeking a forbearance on the loan on
this residence with the mortgage company.
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The Old Providence Road residence shall be distributed to Ron as his sole
and separate property. Upon presentation, Carol shall sign a Special
Warranty Deed transferring any ownership interest she has in the Old
Providence Road residence to Ron. If a sale occurs on the Old Providence
Road Residence and equity is realized, it shall be distributed equally between
Ron and Carol.
Ron and Carol shall be equally responsible for all expenses associated with
the Old Providence Road residence including the monthly mortgage
payments, utilHies, property insurance, ad valorem property taxes, home
owners dues and ongoing maintenance expenses.
c. Lot 16 of Chambrey. Ron owns Lot 16 of the Chambery subdivision located
off Old Providence Road on Old Providence Lane, Charlotte, North Carolina
(hereinafter "Lot 1601 Chambrey"). As 01 December, 2008, Lot 16 of
Chambrey had an estimated value of $120,000.00. There is no mortgage
secured by Lot 16 of Chambrey but there is a lien against Lot 16 of Chambrey
for work done by a business attorney on Ron's behalf. The debt owed to the
business attorney and any lien placed on Lot 16 of Chambrey by the business
supply company for the debt owed by Ron, shall be paid equally by Ron and
Carol from the net proceeds at the time of the sale of Lot 16 of Chambrey.
The remaining net proceeds from the sale, after all liens are paid, shall be
equally divided between Ron and Carol .
d. Lot 17 of Chambrey. Ron owns Lot 17 of the Chambrey subdivision located
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(hereinafter "Lot 17 of Chambrey"), As of December, 2008, Lot 17 of
secured by Lot 17 of Chambrey. Lot 17 of Chambrey shall be sold as soon as
possible. The net proceeds form the sale of lot 17, after all closing costs, ad
valorem property taxes and other expenses associated with the sale, shall be
paid equally divided between the part ies.
e. Lot 18 of Chambray. Ron owns Lot 18 of the Chambrey subdivision located
(hereinafter ' Lot 18 of Chambrey"). As of December, 2008, Lot 18 of
secured by Leit 18 of Chambrey. Lot 18 of Chambrey shall be sold as soon as
possible. The net proceeds form the sale of lot 18, after all closing costs, ad
valorem property taxes and other expenses associated with the sale, shall be
paid equally divided between the parties.
t. Providence powns South residence - Lot 282. During the marriage Ron
built a house on Lot 282 at Providence Downs South. Ron is owed
approximately $78,000 for his work on the Providence Downs South
residence Ron will not be paid for this work unless and until the Providence
Downs South residence is sold. Ron is continuing to final ize the work on this
residence. Ron does not anticipate that he will be paid the full amount he is
owed on the Providence Downs South residence as a result of the market.
Upon the sale of the Providence Downs South residence, Ron and Carol shall
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equally divide any amount received by Ron for his work on the Providence
Downs South residence, after taxes on such amounts are paid. Ron shall
solely receive any amounts paid to him for work performed after the date of
separation on the Providence Downs South residence.
7. Bank Accounts.
a. BB&T Checking Account in Ron's sale name. Ron has a checking
account with BB& T in his sole name wihich ends in #4927 ("BB& T Checking
Account #4927"). As of December, 2008, the balance on the BB&T Checking
Account #4927 was approximately $100.00. Ron shall receive the funds held
in the BB&T Checking Account #4927 as his sole and separate property.
b. RBC Centura #4878 Business Checking Account Ron has a business
checking account with RBC Centura which ends in #4989 (' RBC Centura
Business Checking Account #4878'). As of September 30, 2008, the balance
in the RBC Centura Business Checking Account #4878 was $10.58. Ron
shall receive the funds held in the RBC Centura Business Checking Account
#4676 as his sole and separate property.
c. BB&T Checking Account #1990 In Carol's name. Carol has a checking
account with BB& T in her sale name which ends in #1990 ("BB& T Checking
Account #1990"). As of December 2008 the balance was approximately
$353.00 in Overdraft. Carol shall receive the funds held in the BB&T
Checking Account #1990 as her sale and separate property.
d. State Employees Credit Union Account 1111448 in Carol', nam . Carol has
a checking account with State Employees Credit union in her sole name
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which ends in #1448 ('State Employees Credit Union Account #1448'). As of
December 2008 the balance on this account was approximately $6.00. Carol
shall receive the funds held in the State Employees Credtt Union
Account #2468 as her sole and separate property.
e. State Employees Credit Union Account #2468 in Carol's name. Carol and
Ron have a savings account wi th State Employees Credit union in both
parties' names which ends in #2468 ("State Employees Credit Union Account
#2468"). Ron agrees that the account be closed and that Carol shall receive
the funds held in the State Employees Credit Union Account #2468 as her
sole and separate property. As if December 2008 the balance on this account
was approximately $32.00.
8. Confirmation that there are no Retirement Accounts. Ron hereby confirms that
he has no interest in any retirement accounts. Carol hereby eonfirms that she has no
interest in any retirement account.
9. Batk Buildere. LLC. During the marriage, Ron started a Limited Liability Corporation
business known as Belk Builders. LLC. Ron is the sole owner of Belk Bui lders, LLC.
The business and all assets (including. but not limited to. computer and! or computer
equipment, tools of trade, bank account and accounts receivable) of Belk Builders,
LLC are hereby distributed to Ron as his sole and separate property free from any
right , title, claim or interest of Carol. Excluding the taxes owed for Belk Builders, LLC
for 2007 and 2008, as between Ron and Carol, Ron shall be solely responsible for all
debts and liabilities of Balk Builders, LLC and Ron shall indemnify and hold Carol
harmless from same. Ron and Carol shall equal ly divide and pay any and all taxes
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owed by Belk Builders, LLC for tax year 2007 and lax year 2008.
10. Jewelry. Clothing. and Purely Personal items. Excluding Ihe pearl necklace and
earrings purchased by Ron for Carol at Carlyle and Co., each party shall receive his
or her own j ewelry, clothing, and olher purely personal items free of all righl . tille,
claim or interest of the other party.
11 . Household ttems. The parties have agreed 10 a division of the household' items.
Neither party finds it necessary 10 further ilemize the items which each party is
receiving. Notwilhstanding the foregoing, it is specifically understood and agreed
that Ron shall receive all items that are his separate property and Carol shall receive
al l items that are her separate property. Each party has a signed copy of the division
of the household items and agrees to abide by such.
12. Distribution of Unsecured Debts.
s. Unsecured Debts Distribute. to Ron.
i. BB& T Credit Card Account. Ron has a BB& T Credit Card ending in
#3319 ("BB&T Credit Card #3319") . The BB&T Credit Card #3319 has
an approximate balance of $5929,98 as of December, 2008. Ron
shall pay the balance on the BB&T Credit Card in his name and he
shall indemnify and hold Carol harmless from same.
ii. Cltl Visa Credit Card Account. Ron has a Citi Visa Credit Card
ending in #1765 ("Citi Visa Credil Card #1765"). The Cili Visa Credit
Card #1785 has an approximale balance of $3077.38 as of December,
2008. Ron shall pay the balance on the Citi Visa Credit Card #1765 in
his name and he shall indemnify and hold Carol harmless from same.
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iii. CarlYle & Co. Credit Account. Ron has a Carlyle & Co. Credit
Account ("Carlyle & Co. Credit Card") which was incurred to purchase
a pearl necklace and pearl earrings for Carol. Carol has returned the
necklace and earrings to Ron. Any amount remaining shall be paid by
Ron and he shall indemnify and hold Carol harmless for same. The
Carlyle & Co. Credit Card has an approximate balance of $4.041.92 as
of December, 2008.
iv. Amount owed to Business Attorney. Ron incurred approximately
$12,909.20 in legal fees with business attorney Ken Raynor which he
has been unable to pay. The business attorney, Ken Raynor, placed a
lien against Lot 16 of Chambrey for his legal fees. As between Carol
and Ron, Ron and Carol shall be equally responsible for the amount
owed to Ken Raynor and this lien or debt shall be paid from the
proceeds from the sale of Lot 16 Chambrey, prior to the net equHable
distribution to Carol and Ron.
v. Amount owed to Stock Building Supply Company. Ron owed
approximately $39,285.58 to Stock Building Supply Company as of
May 31. 2008. As between Ron and Carol , Ron and Carol shall be
equally responsible for the balance owed to Stock Building Supply
Company. In the event Stock Building Supply places a lien against Lot
16 of Chambrey for the balance owed, such shall be paid from the
proceeds from the sale of Lot 16 Chambrey, prior to net equHable
distribution to Carol and Ron.
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vi. RBC Centura Credit Line. Ron owes approximately $5000.00 to
RBC Centura Bank in association with a credit line associated with his
bank account. Ron shall be solely responsible for this debt and he
shall indemnify and hold Carol harmless from same.
vii. Amount owed to Blue Croll Blue Shield AssOCiated with Medical
Bill for Ron. During the marriage the parties' health insurance
expired and Blue Cross and Blue Shield mistakenly paid an amount to
a healtheare provider for Ron. As a result, Ron owes approximately
$425.00 to Blue Cross and Blue Shield. As between Ron and Carol ,
Ron shall be solely responsible for this debt and Ron shall pay same
and he shall indemnify and hold Carol harmless from same.
vii i. Debt Currently Owed to Yandle and Associates. CPA. Ron
currently owes $800.00 for tax preparation and accounting wO(/(. Ron
shall be responsible for this debt and he shall indemnify and hold
Carol harmless from same. Any other or further charges incurred with
Yandle and Associates for the preparation of Belk Builders, LLC or the
parties joint 2008 income tax returns shall be paid by Ron.
ix. Amount owed to JB&A for Medical Bill for Ron. During the
marriage the parties' health insurance expired. As a result, Ron owes
approximately $17.00 to JB&A a collection agency on behalf of
Charlotte Cardiology. As between Ron and Carol, Ron shall be solely
responsible for this debt and Ron shall pay same and he shall
indemnify and hold Carol harmless from same.
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x. Amount owed to LabCorp for Medical Bill for Ron. Duri ng Ihe
marriage the parties' health insurance expired. As a result, Ron owes
approximately $88.00 10 labCorp for lab work. As between Ron and
Carol, Ron shall be solely responsible for this debt and Ron shall pay
same and he shall indemnify and hold Carol harmless from same.
xi. Amount owed to CHC Urgent Care Morrocroft for Medical Bill for
Ron. During Ihe marriage the parties' heallh insurance expired. As a
result, Ron owes approximately $116.00 to CHC urgent Care
Morrocroft for an office visit. As between Ron and Carol, Ron shal l be
solely responsible for Ihis debt and Ron shall pay same and he shall
xii. Debt Currentlv Owed to Mackanburg County Tax Collector. Ron
currently owes $330.59 for 2007 vehicle tax on a 2003 Ford Excursion
which has been sold. As between Ron and Carol, Ron shall be solely
responsible for this debt and Ron shall pay same and he shall
xiii. Loan from Bob Edmonds. During the marriage the parties received
$89,000.00 from Carol 's sister's husband, Bob Edmonds As between
Carol and Ron, both Ron and Carol shall be equally responsible for
this debt. Each shall pay his or her portion of this debt upon sale of
either lol 17 or lol 16 in Chambrey, whichever lot sells first. The debt
will be satisfi ed al closing.
xiv. Payment to Carol , Upon the sale of the fi rst of the Chambrey lots to
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sell , Ron agrees to pay Carol an additional $15,000.00 after the
equitable split of the proceeds. This payment will be made from Ron's
portion of the proceeds and paid at closing. Ron and Carol both agree
that this $15,000.00 will be in lieu of alimony payments. If the
$15,000,00 is not paid by Ron to Carol by January 1, 2010, whether a
lot sells or not, then alimony payments will not be waived and a new
discussion will be opened about beginning fair and equitable monthly
al imony payments.
ix, Miscellaneous Debts Associated with the Flrethome House, Ron
estimates that he owes approximately $35,000.00 in debts associated
with the Firethorne House which he buih and which is now in
foreclosure, As between Ron and Carol, Ron shall be solely
responsible for these debts and liabilities and he shall indemnify and
hold Carol harmless from same,
b. Unsecured Debts Distributed to Carol.
i. Care Credit Account in Carol's sole name, Carol has a Care Credit
Account ("Carol's Care Credit Account' ). Carol's Care Credit Account
had a balance owed of approximately $2,230.00 as of December,
2008. Carol shall pay the remaining balance on Carol's Care Credit
Account and she shall indemnify and hold Ron harmless from same,
11. BB&T Credit Card Account in Carol's sole name. Carol has a
BB& T Credit Card Account ("Carol's BB& T Credit Card Account").
Carol's BB& T Credit Carel Account had a balance owed of
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(Page 16 of 35)
approximately $9,500.00 as of December, 2008. Carol shall pay the
remaining balance on Carol's BB& T Credit Card Account and she shall
indemnify and hold Ron harmless from same.
ii i. Bank of America Credit Card Account in Carol' s 80le name. Carol
has a Bank of America Credit Card Account (,Carol's Bank of America
Credil Card Account"). Carol 's Bank of America Credit Card Account
had a balance owed of approximately $4,088.00 as of December,
2008. Carol shall pay the remaining balance on Carol's Bank of
America Credit Card Account and she shall indemnify and hold Ron
harmless from same.
iv. American Express Credit Card Account In Carol's sole nam .
Carol has an Ameri can Express Credit Card Account ("Carol's
American Card Account"). Carol's Ameri can Express
Credit Card Account had a balance owed of approximately $5,666.00
as of December, 2008. Carol shall pay the remaining balance on
Carol's American Express Credit Card Account and she shall
indemnify and hold Ron harmless from same.
v. Home Depot Credit Card Account. Carol has a Home Depot Credit
Card Account ("Home Depot Credrt Card Account"). The Home Depot
Credit Card Account has an approximate balance of $1 ,364.00 as of
December, 2008. Carol shall pay the balance on The Home Depot
Credit Card Account in Carol's sole name and she shall indemnify and
hold Ron harmless from same. Carol shall be responsible for any
[6
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further charges she makes to the Home Depot Credit Card Account in
her sole name.
vi. LOin from Bob Edmond.. During the marriage the parties receiveg
$89,000.00 from Carol's sister's husband, Bob Edmonds. As between
Carol and Ron, both Ron and Carol shall be equally responsible for
this debt. Each shall pay his or her portion of this debt upon sale of
either Lot 17 or Lot 18 in Chambrey, whichever lot sells firs\. The debt
will be satisfied at closing.
vii. Other Unsecured Debts Distributed to Carol. Carol shall be solely
responsible for all unsecured debts and credn cards held in her sole
name and she shall indemnify and hold Ron harmless from any
responsibility for unsecured debts in her sole name.
c. Distribution of Joint Unsecured Deb!. The parties hereby confirm that .
excluding the debt to be incurred jOintly to the parties' accountant, any joint
credit card account(s) or other unsecured debl(s) presently open or on which
\here may be charges made shall be immediately closed to future borrowirl9
(within ten(10) days from the signing of Ihis Agreement). Except for the joint
debts set forth and distributed hereinabove, neither party is aware of any
unsecured debt open in the parties' joint names on which there is any balance
owed. In the event the parties discover any unsecured debl held in their joint
names which is not addressed herein and distributed herein, the party who
incurred the debt shall be solely responsible for paying such debt as well as
any interest andlor penalties which have accrued thereon.
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ALIMONY PAYMENTS
13. Parties waive alimony. Carol agrees to waive her right to alimony only after
receiving $15,000.00 from Ron upon the sale of the first of the Chambray lots to sell.
If Carol has not received the $15,000.00 from Ron by January 1, 2010, whether a lot
has sold or not, she retains her right for equitable monthly alimony payments.
14. No Integration with Property Settlement. The provisions for payment and waiver
of post-separation and alimony as set forth above are independent of the property
settlement provisions of the Agreement.
GENERAL PROVISIONS
15. Automobile Responsibility. !:ach party shall hold the other harmless from any
liability of whatever nature arising in any way out of his or her use, ownership,
purchase, insuring or operation of any motor vehicle.
16. Health Insurance and Uninsured Medical/Dental Expenses for Carol andlof Ron.
Ron shall be solely responsible for maintaining his own health insurance coverage.
Carol shall be sol ely responsible for maintaining her own health insurance coverage.
Ron shall be solely responsible for his own uninsured medical or dental expenses.
Carol shall be solely responsible for her own uninsured medical or dental expenses.
17. Debts. Neither party shall charge or cause or permit to be charged to, or against,
the other any purchases which either of them may hereafter make, nor create any
obligations in the name of or against the other, nor secure or attempt to secure any
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credit upon or in connection with the other. or in his or her name. Except as
otherwise set forth herein. each party shall pay all debts and discharge all financial
obligations which he or she may incur for himself or herself. and each party does
agree to indemnify the other against all debts and other obligations which he or she
may incur or has incurred from Ihe date of separation forward.
18. Income Tax Returns. Each of Ihe parties shall pay one-half of the accountant fees
and costs associated with the preparation of the parties' 2007 andlor 2008 income
tax returns.
a. Tax Year 2007. For tax year 2007 the parties filed joint income tax returns
with both federal government and the State of North Carolina. The parties
have a j oint federal/North Carolina income tax liabi lity in the approximate
amount of $15.500.00. associated with their 2007 income tax returns. Each
party shall be responsible for one-half of the federal and state tax liabilities
owed be the parties. Each party shall be equally responsible for the making
payments pursuant to any payment plan for the 2007 taxes does and shall
also equally pay for any interest and penalties incurred. Upon the closing on
the first lot to sell of the Chambrey lots. the parties agree that any remaining
balance owed by either or both spouses to the IRS for the parties' joint 2007
income tax liability shall be paid from the net sales proceeds of first Chambrey
lot to close. Any balance owed to the IRS by either party in conjunction with
the parties' 2007 income tax returns shall be paid from that party's share of
the net sales proceeds at the time of the dosing on the sale of the first
Chambrey lot to close.
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b. Tax Year 2008. For tax year 2008 the parties shall file j oint income tax
returns and Ron shall file a Belk Builders, LLC income tax return with both the
federal government and the State of North Carolina. The parties will have a
joint federal and North Carolina income tax liability and there will be a tax
liability owed by Belk Builders, LLG. Each party shall be equally responsible
for making payments pursuant to any payment plan for the 2007 taxes does
and shall also equally pay for any interest and penalties incurred. Upon the
closing on the first lot to sell of the Chambrey lots, the parties agree that any
remaining balance owed by either or both spouses to the IRS for the parties'
joint 2008 income tax shall be paid from the net sales proceeds of first
Chambrey lot to close. Any balance owed to the IRS by either party in
conjunction the parties' 2008 income tax retums shall be paid form that
party's share of the net sales proceeds at the time of the closing on the sal@
of first Chambrey lot to close.
c. Tax yaar 2009 Forward. It is anticipated that for tax year 2009 forward,
Carol and Ron shall file separate income tax returns.
d. General. It is agreed and understood that neither party has the right to sign
the other' s name on any forms, and particularly on any lax-related forms or
checks.
e. Tax Deficiencies and Refunds. In the event of any assessment of a
deficiency in any income lax on accounl of 2008 or any prior yilar for whith a
j oint return is or has been filed, Ron and Carol shall pay the deficiency
equally, together with the penalties, legat or accounting representation fees,
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and interest, if any, on such assessment unless deliberate malfeasance by
one of the parties can be demonstrated by the other in which case the party
committing such malfeasance shall be solely responsible for the deficiency,
penalties, and interest. In the event any refund is due for tax year 2008 or
any prior year that a joint return was filed, such refund shall be divided
between the parties equally.
f. All previously executed powers of attorney shall be cancelled at the signing of
this Agreement.
19. Mutual Release. Except as otherwise provided herein, Ron and Carol each hereby
waive, release, discharge, quitclaim, and renounce unto the other, their heirs, and
assigns, all and every right to share in any vested or unvested pension, profit sharing
and/or retirement rights which the other may now own, or which the other may own in
Ihe future. Nothing herein shall be construed so as to impair either party's rights, if
any, to receive social security or other government benefits by virtue of having been
married to the other party herein.
20. Future Claims. As provided herein, the parties have already divided between
themselves and to their mutual satisfaction, all assets owned and liabilities owed by
them individually and jointly. Each party hereby waives, releases, and relinquishes
unto the other any and all right, title and interest in the property herein above
assigned to the other. Hereafter, neither party shall make any claim against the
other inconsistent with this Agreement for any property assigned to the other hereunder or
for any property currently held in the name of the other party.
21. Fyture Conveyances. Except as otherwise provided herein, each party may at all
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times hereafter, purchase, acquire, own, hold, possess, encumber, lease, alienate,
dispose of and convey any and all classes and kinds of property, real and personal,
tangible and intangible. as though unmarried and free from the consent, knowledge,
joinder or interference of the other party.
22. Estate Rights. Except as otherwise set forth herein, Ron and Carol each waive any
right which either may have:
a. To administer the estate of the other.
b. To dissent form the Last Wi ll and Testament of the other.
c. To assert claims or rights in and to the estate of the other.
d. To assert a statutory share, elective or distributive share in the estate of the
other including but not limited to, under N.C.G.S. Section 30-3.1 and Section
2930.
e. To make any assertion of dower or curtesy in the property of the other.
f. To seek the right of a year's allowance out of the personal property of the
other.
g. To receive a life estate of the other under N.C.G.S. Section 29.14.
h. To take property pursuant to a Will or Trust of the other which was executed
prior to the signing of this Agreement.
Except as set forth herein, Ron and Carol further waive all other rights or interests in
property, both real and personal , which etther party now has arising out of or
accruing to him or her by reason of death of the other party, testate or interstate.
23. Release of Equitable Distribution Rights. The Property Settlement Agreement set
forth herein is the act of Ron and Carol equitable dividing their marital and divisible
22
(Page 23 of 35)
property as provided under N.C.G.S. Section SO-20(d). Each releases the other from
any further claim which could or might arise in favor of either under N.C.G.S. Section
50-20 or any other state or federal law involving division of property acquired during
marriage. As a result of this Property Settlement Agreement, Ron and Carol each
waive and release their right to petition for an equitable distribution of marital and
divisible property.
24 Divorce. Nothing ccntained herein shall be or prevent either party from the
institution of a suit for absolute divorce on the grounds of one year's separation at
such time as the law may allow, provided that the instituting party shall pay all costs
attendant thereto and shall make no demand for same from the other party. Any
such divorce shall have no effect on the parties' obligations assumed hereunder.
25. Binding Effect. Except as otherwise provided herein, all of the provisions of this
Agreement shall apply to and be binding and obligatory upon the respective heirs,
executors and administrators of each of the part ies, and no modification or waiver of
any provisions hereof shall be binding unless in writing.and executed wijh the
formal ity then required for the validijy of contracts between husbands and wives,
26. Tax Free Transfers. The parties further ccnfirm and agree that, in connection with
the aforesaid property settlement and diviSion, they have transferred and divided
property of approximately equal value, with each party taking the Original basis that
existed in the property for capital gain transfers, and that their execut ion of this
Agreement and the execution of various documents to effectuate the transfer as set
forth above is not a taxable event by either party. In this ccnnection, the parties
expressly acknowledge that the division and transfer of property and funds between
23
(Page 24 of 35)
them as hereinabove set forth is "incident to divorce" and is relaled to the cessation
of marriage as defined in Section 1041 of the Internal Revenue Code as amended,
and to the extent, if any, that the parties are required to make an election under such
section, the parties hereby make such an election to have no gain or 105$ recognized
on the properties transferred between them,
27, Property Disclosure, Each party hereto confirms that this Agreement identifies in
some manner (even if by general referral) all of the marital assets or liabilities held by
~ h r of the parties individually or the parties' jointly, Each party confinms they have
given the other party true and accurate information regarding assts of the marriage
which are held in either party's sole name, In the event, however, that either Ron or
Carol has failed to disclose to the other the existence of any marital pnoperty subject
to equitable distribution or division under Ihe laws of the State of North Carol ina or
any other j urisdiction, the party whose rights have been prejudiced thereby, in
additi on to other remedies provided by law and equity, shall be entitled to make
application to the court under the laws of the State of North Carolina or any other
jurisdiction or sue the other party for damages under this Agreement in an amount al
least equal to his or her marital interest in the undisclosed property and shall also be
entitled to recover his or her reasonable attorneys' fees,
28, Voluntary Act, Each party acknowledges that he/she has read this Agreement and
understands its contents and pnovisions; that it is a fair and reasonable agreement to
each of them, having due regard to the conditions and circumstances of the parties
hereto on the date hereof; that each has Signed and executed the Agreement freely
and voluntari ly and without fear, compulsion, duress, coercion, persuasion or undue
24
(Page 25 of 35)
influence exercised by party upon the other or by any other person or persons
upon
29. Effect of Reconciliation. In the event the parties were to reconcile and resume the
relationship (resume living together as husband and wife) and then later
separate. the parties acknowledge and agree that the property settlement provisions
of this Agreement continue in full force and effect and shall be binding on both
parties. Each party commits that, in the event reconci liation is not successful, they
shall be governed by the property settlement provisions of this document insofar as it
relates to this separation or a later separation. All provisions contained herein
regarding the property division shall be deemed to have been executed upon the
signing of this Agreement and shall not be affected by a reconciliation of the parties.
The property transferred and assigned pursuant to the property settlement provisions
of this agreement shall remain the separate property of the part ies as stated herein.
30. Ambiguities shall not be construed against the drafter. Each party stipulates that
he or she has had an to review this Agreement and request such
changes as are necessary to clarify any provision set forth herein. Any ambiguity
later found in this agreement shall not be construed against the drafter, any party that
offered mediation considerations, or the party whose attomey drafted this legal
document.
31 . Entire Agreement. This Agreement contains the entire understanding of the parties,
and there are no representat ions, warranties, covenants or undertakings other than
those expressly set forth in this Agreement.
32. Partial Invalidity. In the event that any clause or clauses herein shall be declared by
25
(Page 26 of 35)
the laws of this State of any other state that shall assume jurisdiction over the parties
herein involved or by decision of any court in this or any other state or in the United
Stated, illegal , void or inoperative, it is expressly agreed between the parties hereto
that all other clauses or provisions herein shall be and remain of full force and effect.
33, Modification or Amendment, This Agreement can be snered and amended only by
further formal written agreement duly executed by the parties. Any failure by either
party to specifically perform or enforce performance exactly according to the letter of
this Agreement shall not an alteration of the same by way of enlargement,
reduction, estoppel or otherwise, unless confirmed in writ ing by the parties and duly
executed by both parties. It is understood that the parties may, by mutual
agreement, make temporary modifications from time to time as conditions require but
that, absent a further formal written agreement duly executed by the parties, this
Agreement shall be binding upon the parties a5 written. No custom or practice which
may develop between the parties in the course of the performance of this Agreement
shall be construed as a waiver of the right of party to insist upon compliance
with the provisions hereof by the other.
34. Non-lncorporation of Agreement. This Agreement shall not under any
circumstances be incorporated into any subsequent decree, judgment or order of any
court unless the parties mutually agree otherwise in writing. This clause may be
pleaded in bar of such incorporation. This Agreement or any copy thereof may be
admitted into evidence in (A) any legal proceeding for the purpose of barring any
claim inconsistent wi th the provisions of this Agreement and/or (8) any proceedings
for the enforcement of this Agreement such as, for example, an action for specific
26
(Page 27 of 35)
performance of this Agreement or any action for breach of this Agreement. Neither
the pleading of the existence of this Agreement nor the introduction of this
Agreement (or a copy thereof) into evidence in any such legal proceedings shall
constitute a submission of this Agreement to a court for its approval ; nor shall such
actions constitute a waiver of the provisions of this Agreement ; nor shall such actions
make the agreements of the parties modifiable; nor shall this Agreement lose
Its effectiveness if a court should subsequently enforce this Agreement or order a
party to specifically perform some obligation hereunder. On the contrary, this
Agreement shall remain in full force and effect at all TIme and shall continue to
operate as a bar to any claim which is inconsistent with the provisions of this
Agreement.
35. No Recording of Aareement This Agreement shall not be recorded without the
independent and express written consent or both parties. A Memorandum of
Agreement may be recording of a Memorandum of Agreement is to allow the transfer
of property pending a divorce action. Any Memorandum of Agreement shall not
coniain the details of financial provisions of this Agreement.
36. Specific Performance. Either party shall have the right to compel the performance
of the provisions of this Agreement by suing for specific performance in the courts
where jurisdiction of the parties and subject matter exists. Both parties acknowledge
that neither party has a plain, speedy or adequate legal remedy to compel
compliance w ~ the provisions of this Agreement, that neither party Shall be required
to repeatedly file suit for any breach of this Agreement. that this Agreement is fair
and equitable to both parties, and that an order of specific performance enforceable
27
(Page 28 of 35)
by contempt in an appropriate remedy for a breach of this Agreement by either party.
The right to specific performance of this Agreement shall be in addition to and not in
substitution for all other rights and remedies either party may have at law or in equity
arising by reason of any breach of the Agreement by the non-complying party.
37. Attorney's Fees Upon Breach. In the event that it becomes necessary to institute
legal act ion to enforce compliance with the terms of this Agreement by reason of the
breach by either party of this Agreement, the parties agree that, at the 'conclusion of
such legal proceedings, the losing party shall be solely responsible for all legal fees
and costs incurred by the other party, such fees and costs to be taxed by the court.
The amount so awarded shall be in the sale discretion of the presiding judge, and the
award shall be made without regard to the financial ability of either party to pay, but
rather shall be based upon the fees and expenses determined by the court to be
reasonable and incurred by the prevailing party. It is the intent of this paragraph to
induce both Ron and Carol to comply fully with th e terms of this Agreement to the
end that no litigation as between these parties is necessary in the areas dealt with by
this Agreement. In the event of litigation, it is the further intent to provide specifically
that the losing party pays all reasonable fees and costs that either side may incur.
38. Situs. This Agreement shall be construed, interpreted and governed by the laws of
the State of North Carolina and has been executed in the State of North Carolina.
28
(Page 29 of 35)
IN WITNESS WHEREOF. said parties have set their hands and seals to this
Agreement in duplicate originals. one of which Is retained by each of the parties. the
day and year first above written.

RONALD BAXTER ELK, JR.
29
(Page 30 of 35)
I, p; , a Notary Public for /<I. t-f6
v
/
l'
'';''' County,
North Carolina, do hereby certify that RONALD BAXTER BElK, JR. personally appeared
before me this date and is personally known to me through satisfactory evidence and has
acknowledged the voluntary and due execution of the foregoing SEPARATION, PROPERTY
SETTLEMENT AND WAIVER OF ALIMONY AGREEMENT.
'4
/
. T _
WITNESS my hand and official seal , this the " day of 7 ... 12. , 20!!.1
LUTHER FISHER
NOTMY PUBUC
S TAT, OF NORTH CAROlINA
MECKLENBURG COUNTY
COMMISSION EXi'RES 03l11{2012
Notary Publi c: __
My commission expires: jII/j-f. l/fIt , 20 /
I, L" r:SI..,... , a Notary Publ ic for Iv "e6t",iJI/ ...... County,
North Carolina, do hereby certify that CAROL ANNE KONSlER BElK personally appeared
before me this date and is personally known to me through satisfactory evidence and has
acknowledged the vOluntary and due execution of the foregoing SEPARATION, PROPERTY
SemEMENT AND WAIVER OF ALIMONY AGREEMENT.
WITNESS my hand and official seal, this the It/" day of ;:1#, , 20 "1.
LUTHER FISHER
,;
MECKLENBURG
COMMISSION EXPIRES 0311112012
Notary Public:
My commission expires: ,tf"",,z I)f?, 20 I '-
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EXHIBIT A
Ronald Belk 1 Carol Belk
Dale 01 Marriage: 1/29/00
Date of SeDaralion: 1/03109
; II
...
V.atu. IOist. lit B20 niH IgCa[QI Nota.
Marital Residence 525000.0C sell via short setl ell via short sell ESTIMATED
responsible ior responsibi;i;:,'r
remainder any remainder
pwed with sale, owed with sale,
sale or short sale or
,=STIMATED 1 sl Mortgage -283.000.0C Itorectosure oreclosure
responsible iOr responsibie lor
any remainder any remainder
pwed with sale. o\Ned with sale.
short sale or short sale or
EQUIty Line -45000.ex: forectosure oreclosure ESTIMATED
responsible ior responsibie i;{r
any remainder any remainder
owed with sale, owed with sale,
hort sale or short sale or
Equity Line -250 OOO.OC foreclosure oreclosure ESTIMATED
!Appraised for 315K firsl 01 the
- but reallor says properties
Rental House (5938 Old Providence bringing approximately 20%
Road) 252,OOO.OC 126.00000 126000.00 ess
MortQaae -257.609.4 -128.804.74 -128804.7
is seeking forebearance on
kl,is residence
Property Taxes (currently owed) -3.2202 -1610.11 -1,610.11
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Fireth. orne lot. purchased by Ron nn process of
IdurinQ marriaQe
Firethorne House built by Ron during lbeing foreclosed
marriage (not owed in Ron's name} Ion
1;1005 Honda Odyssey 27,000.(}1
.oan on Honda -26.000.0(
005 Ford F-150
oan on Ford -26.500.0'(
Isusiness - Balk Builders. lLC no real value
27.000.0'
-26,500.0(
\:list. to Ron
IForeclosed
!will be foreclosed on
27.000.00jpurchase price 6 monlhs ago
stimated loan balance - 2008
-26.000.00!Property taxes past due $366.85
urchase Price 4 months ago
iesUrnaled loan balance - 2008
Iproperty taxes past due $331.10
IHouse - Lot 282
divide any divide any
net proceeds net proceeds
received after received after
0.0' xes paid axes paid
possibly get $ when it sales
r It may also be foreclosed on
Fl undeveloped lots - Lots 16, H and to be
18 al Chambray ktetermined
l
lien from business attorney (now
secured by Lot 15)
IAmounl owed to Brother-in-law
Building Supply Co.
RBC Centura Credit Line
-12909.2(
-a9.000.(}(
-39,385.51
-5,O00.O(
and equally
Iylde net
proceeds
-6,454.6(
-44.500.0(
-19.692.71
-5.000.0(
and equally
ivide net
proceeds
t,
20K - estimated yalue - 2008
xes<lWed on Lot 16 $1.881.09.
LotH $1,881.09 & Lot 18
1.881.09
. his debt will be paid upon Ihe
of Lot 16 at Chambrey
-44.500.001

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Misc. Debts Associated with Lot #53
esidence witt at Firelhorne CClUltry
-35000j:JC bub that ns in process of foreclosure -35 0()0.00
BB&T Checking 100.00 1 ()O.OC est
RBC Business CheckinQ 25.0<1 25.0C 51.
W - Care Credit -2230.OC -2230.00 "'redit Line for Dental Care
W - BB&T CIC -9500.0C -9500.0
W - Bank of America -4088.qO -4.088.0<
W - American EXDrosS -5666.00 - 5666.0<
W - Home DeDOt -1364.00 - 1 364.0<
balance owed as of December.
H - BB&T -5929.91 -5.929.9 2008 statement
H - Citi Bank -3 077.38 -3077.31
H - Carlyle & Co. -4041 .00 -4041 .0C
H - Blue Cross Blue Shiel<d (amount
as a result 01 incorrect payment
BCBS after insurance had laPsed) -425.00 -425.()(
H - JB&A (celectlon agency on behalf
-17.0e -17.0C of Cardiology)
H - LabCorp -88.,QO -S8.0C
H - CHC Urgent Care Morrocrof\ -118.00 -118.0C
':! -2007 Taxes 0'2003 Ford
pOO3 Ford Excursion has been
-330.5\
this debt is sliN
Excursion bulstanding
estimated - equally pay amount
2007 Income Taxes -15.500.ex -7 750.0< - 7750.ex wed
unknown eQualiv paid eQually paid
0WIed to Accoontant Yandle &
_ _ ___ 8Q(lJ)!:
-80<1.0< .... sociates. CPA
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to be divided pe
Household Items Exhibit E
each keeps own
except Ron geh
necklaCE
and earring
purchased from
Carlyle and Co. fo
ewell'! caro
OTAl: -294 674.4 -137014.19 -11l14 -241 674.4:
-120,837.2'
16,176.9,
-
(Page 35 of 35)
J. DAVID GRANBERRY
REGISrER Oi= DEEDS, MECKLENBURG
COUNTY & COURTS OFFICE BUILDING
720 EAST FOURTH STREET
CHARLOTIE, NC 28202
It is part of the recorded document, and must be submitted with original for re-recording
................. ....... -............. ................................................................................................. .
Filed For Registration: 06/10/200909:40:32 AM
Book: RE 24818 Page: 98132
Documenl No.: 2009081308
SEPIA 35 PGS 5113.00
Recorder: DALY WHEELER
111111111111111111
2009081308
Mecklenburg County
CARTER
(Page 1 of 18)
FOR REGISTRATI OtI J . DAVIO GRPo.'4SERRY
REGI STER OF CEECS
CQlJNTV . HC
2509 FEB 25 10 : 14.;.l2 AM
Bj( ' 24486 PG ;15GZ73
DOCUMENT COVER SHEET -
Cocum.nt Tltlell)(or transactions contained therein):
COIITRACT OF SEP ARATIOII AIID PROPEIlTI sE1.'TI.EIInT AGlIEEMEIiT
C; ran 10 r /Truslar /Morlgago rls)
Gary Eugene ' Carter and Diane Douglas ' Carter
Addilional names an paQ. of documenl .
C;rantee!Trust.e/Martgageels)
Additional names on page of documenl.
Legal Description:
1 . County: Mecklenburg
2. Township:
3. Lot Number/ a, Acreage:
4. Subdivision Name:
-
5. Addltlonallogal Is on page of dacumont.
Asse"a,'. Property Tax Pa,cel/Account Number(s)
Document Preparod By:
Horack Tall@y Pharr & Lowndes PA
Rllurn Orlglul Docum.nl To:
HORACK, r ALLEY, PHARR
& LOWNDES, PA
4701 Suite 812
Char!otu. NC 28209
Attn: Suzanne or Pat
(Page 2 of 18)
STATE OF NORTH CAROLINA 1
1
COUNTY OF MECKLENBURG 1
CONTRACT OF SEPARATION AND
THIS CONTRACT OF AND PROPERTY SETTLEMENT AGREEMENT,
made this Ihe 9 day of 3-bll. <LCj a. , 2008, at Chartotte, North Carolina, by and
between GARY EUGENE CARTER, hereinafter'referred to as "Husband", a citizen and resident of
Mecklenburg County, North Carolina, and DIANE DOUGLAS CARTER, hereinafter referred to as
"Wife", a citizen and resident of Mecklenburg County. North Caroli na.
WITNESSETH:
WHEREAS,
A. The parties were married on April 28, 1979, in Chartotte, North Carolina, and are
presently husband and wife;
B. That two children were born to the marriage of the parties but are emancipated;
C. In consequence of disputes and unhappy differences, the parties separated on
January 20, 2008, have not cohabitated since that date and are presently living separate and apart.
It is necessary 10 the health and happiness of both parties that they conti nue to live separate and
apart for the rest of their lives;
D. The parties desire to confirm their separation in writing and provide in connection
therewith for a final settlement of all marital and property rights;
E' The mutual promises and agreements contained herei n are the considerat ion for such
promises and agreements; and,
F. Each of the parties is over the age of eighteen (18) years and is under no legal
disability; the Husband is a resident of Mecklenburg County, North Caroli na; the Wife is a resident
of Mecklenburg County, North Carolina.
THE PARTIES AGREE AS FOLLOWS:
GENERAL PROVISIONS
1. SEPARA TION. Husband and Wife shall in the future live apart wherever and with whomever
he or she may wish.
2. EMPLOYMENT. Each of the parties may engage in any employment he or she may choose.
1
(Page 3 of 18)
3. RIGHT TO CONTRACT. The parties may contract as though they had never been married.
4. INTERFERENCE. Each party shall be free from interference and control . direct or indirect,
by the other. Neither sha II molest or harass the other.
5. SUBSEQUENT DIVORCE. Either party can divorce the other on no-fautt grounds. The
rights and obligations under this Contract of Separation and Property Settlement Agreement
(hereinafter referred to as "Agreement") shal l survive any divorce.
6. MUTUAL RELEASE. Subject to the provisions of this Agreement, each party has released
and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal
representatives. executors, administrators and assigns, release and discharge the other of and
from all causes of action. claims. ri ghts or demands whatsoever, at law or in equity, which either of
the parties ever had or now has against the other, known or unknown. except the cause of action
for no-fault divorce; in addition, subject to the provisions of this Agreement, each party does hereby
waive, release, renounce and rel inquish forever any marital interest or right of any type in either real
or personal property owned by the other party.
7. ADDITIONAL tNSTRUMENTS. The parties, as necessary, shall execute, acknowledge and
deliver to the other any further instruments reasonably required to give full force and effect to the
provisions of this Agreement.
8. SALE OF PROPERTY. In the event of a sale, transfer or conveyance of any real or
personal property now owned or hereafter acquired by either party, if either party to this Agreement
is called upon to execute a deed, conveyance, bill of sale. or other instrument conveying property,
then that party will sign any such instrument which may be reasonably requested or reasonably
necessary to perfect title in the grantee of the property which is sought to be conveyed. The parties
agree to any conveyance of property, real or personal, by the other and such conveyance of
property may be made by each party without the further consent or approval of the other. The party
not in possession or not In control of the property being conveyed shall not be required to make any
warranty to the grantee.
9. AMENDMENT. This Agreement can be amended only by further written agreement executed
in accordance with North Carolina General Statutes (N.C.G.S.). 52-10.1.
10. SITUS. This Agreement shall be construed and governed under North Carolina law.
11. ADDRESS OF THE PARTIES. Each party shall at all times keep the other informed of his or
her place of residence and shall promptly notify Ihe other of any change and give the address ofthe
new place of residence, so long as either party has obligations under this Agreement.
2
(Page 4 of 18)
12. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties.
and there are no representations. warrant ies. covenants. or undertakings other than those
13. BINDING EFFECT. Except as otherwise stated herein. all the provisions ofthis Agreement
shall be binding upon the respective heirs. next of kin. executors. administrators and assigns of the
parties.
14. SPECIFIC PERFORMANCE. Either party shall have the right to compel the periormance of
the provisions of this Agreement by suing for specific periormance in the courts where jurisdiction of
the parties and subject matter exists. Both parties acknowledge that neither party has a plain.
speedy or adequate legal remedy to compel compliance with the provisions of this Agreement, that
neither party should be required to repeated ly file suit for any breach of this Agreement. that this
Agreement is fair and equitable to both parties, and that an order of specific periormance
enforceable by contempt is an appropriate remedy for a breach by either party. However. nothing
herein shall prevent an injured party from recovering all monetary damages to which he or she may
be entitled upon a showing that the other party has breached the provisions of this Agreement.
The fact than either party initiates and proceeds upon a claim for specific periormance shall not be
considered as a waiver. alteration or deletion of the provisions of this agreement prohibiting the
Incorporation of the terms of this Agreement into any Court Order or Decree. nor shall the fact that
a party is seeking specific performance of this Agreement be considered by any Court to be an
admission, claim. request or demand by that party for the incorporation of the Agreement. or any
terms of the Agreement. into any Court Order or Decree. nor shall any lawsuit for specific
periormance of this agreement be considered as submitti ng the agreement or any terms therein to
the jurisdiction of the Court. except solely for the purpose of ruling on the claim for specific
performance.
PROPERTY SETTLEMENT
15. MARITAL HOME.
A. The parties currently own in a tenancy by the entirety certain real estate comprised of
a home and lot located at 5523 Wintercrest Lane. Chanotte. North Carolina (hereinafter referred to
as "the real estate"). The parties agree that Husband shall vacate the residence comprising the
real estate upon the execution of this Agreement. The parties agree that Wife shall have the right.
at her sole option. to purcnase Husband's interest in ttle real estate for the sum of $60.000.00 (sixty
thousand dOllars). Wife shall notify Husband by no later than March 31, 2009 as to whether or not
she chooses to exercise said option. At such time as Wife notifies Husband that she is choosing to
exercise her option to purchase his interest in the real estate (if she in fact chooses to exercise said
option). she shall within 30 (thirty) days of notifying Husband of such. attempt to refinance both the
cUlTent deed of trust and the current equity line on the real estate so as to remove Husband's name
completely from both said deed of trust and equity line. The first mortgage is with Countrywide and
3
(Page 5 of 18)
has an approximate unpaid principal balance of$164,748.00. The equity line is with RBC Centura
and has an approximate balance of $23,9B7.00. If Wife exercises her option to purchase
Husband' s interest in the real estate and Wife is able to reiinance the liens on real estate as set
forth in this paragraph, Husband shall transfer all of his right, title and interest to said real estate to
Wife by the execution of a Special Warranty Deed to be executed contemporaneously with the
refinancing. The parties intend that the transfer from Husband to Wife (if such a transfer does take
place) shall be pursuant to the provisions of the Intemal Revenue Code 1041 and thatthe transfer
shall not be treated as a taxable even!. Wife shall also pay to Husband by certified check the sum
of $60,000.00 contemporaneously with the refinancing if in fact Wife exercises her option to
purchase Husband's interest in the home. Said payment from Wife to Husband shall also be a
nontaxable transfer pursuant to Internal Revenue Code 1041.
Provided, however, that if Wife chooses not to exercise her option to purchase Husband's interest
in the real estate or if Wife is unable to refinance the deed of trust and equity line, the real estate
wi ll be put up for sale.
B. If a sale of the real estate is required pursuant to the provisions ofthis paragraph 15,
both parties shall cooperate with each other and with real estate agents and both prospective
buyers to effect the prompt sale of the real estate, and neither party shall by act or omission impede
or hinder the prompt sale of the real estate or make the real estate less attractive to prospective
purchasers. If a sale of the real estate is required pursuantto the provisions of this paragraph 15,
neither party shall use the real estate as security for any indebtedness nor further encumber this
real property without the express written permission of the other party. Furthermore, if a sale olthe
real estate is required pursuant to the provisions of this paragraph 15, Wife (who is a listened
realtor) shall be the listing agent for the sale. If the real estate has not sold within six1y days of
Wife's becoming the listing agent, the real estate will be placed with an agent other than Wife and
Wife shall choose in her sale discretion who the listing agent shall be,
C. Each party has informed the other that neither is aware of any federal tax liens on the
real estate and that neither party is aware of any other liens of any type whatsoever on the real
estate (other than the aforesaid Deed of Trust and equity line) on the real estate.
D. Both parties have informed the other as a part of the consideration for this Agreement
that he/she is unaware of any judgments against him/her which could result in a lien on the real
estate. In addition, both parties certify that neither is aware of any lawsuits having been filed
against him/her that may result in j udgments which could possibly be a lien on the real estate inthe
future.
E. If a sale of the real estate is required pursuant to the provisions of this paragraph 15,
each party waives any right he or she may have now or hereafter to petition a court of competent
jurisdiction to partition the real estate. Wife is entitled to reside In the residence comprising said
real estate unti l such time as the real estate is sold, at which time all the proceeds from the sale,
4
(Page 6 of 18)
excluding sales costs, will be disbursed 50% (fifty percent) to Husband and 50% (fifty percent) to
Wife.
(The term "sales costs" as used in the preceding paragraph is defined as foll ows: any brokers'
commissions, attomeys' fees for the representation of each party in the sale, costs of satisfying any
existing mortgages at the time of title closing, termite expenses or any agreed costs of repairs or
allowance therefore to the purchaser in order to render the premises saleable, purchasers'
financing and mortgaging costs which are chargeable to the sellers, title company charges
chargeable to the sellers, and other similar expenses incidental to the sale of the premises and
closing of title.)
Each party shall report any gains on the portion of the proceeds received by him or her respectively
and shall save the other harmless from any tax liability thereon.
F. At the time of the execution of this agreement , the parties shall sign any and all
documents necessary to ensure that the limit on the present equity line with RBe Centura is
decreased to the amount of 525,000.00. The present m ~ on said equity line is 5100,000.00
G. If a sale becomes necessary pursuant to the provisions of this paragraph 15, and if
the parties can not agree on any issue arising between them with respect to the sale of the real
estate (other than the issue of who will be the listing agent for the sale, which is addressed in
paragraph B above), the unresolved issue or issues shalt be arbitrated by Richard A. Elkins,
Attomey at Law, in Chartotte, NC. The parties Intend that only one arbitrator will serve pursuant to
this paragraph. If Mr. Elkins is unable or unwilling to serve for any reason and the parties can not
agree on an arbitrator, the Chief District Court Judge of the Mecklenburg County District Court will
choose the arbitrator. The hearing shall be conducted pursuant to the provisions of N.C.G.S. 50-
47 & 50-48 of the Family Law Arbitration Act. What evidence is to be gathered or presented atthe
hearing shall be decided by the arbitrator. The arbitrator may in his discretion order counsel fees
to either party. Neither party may appeal the arbitrator's decision. However, either party may move
to vacate, modify, or correct the decision pursuant to the provisions of N.C.G.S.50-54 and 50-55
of the Family Law Arbitration Act. Any decision made by the arbitrator shall become an
amendment to this agreement and the parties shall sign any documents necessary to ensure that
said amendment is executed properly.
H. Wife shall be responsible for paying the mortgage, equity line, and property taxes on
the real estate.
16. PERSONAL PROPERTY. The parties have agreed on a property settlement as follows:
A. The Wife shall have the following property, subject to any terms or conditions set forth
In this Article or elsewhere in this Agreement:
1) Any bank accounts in Wife's sole name.
5
(Page 7 of 18)
2) SEP-IRA #2133-6256 with an approximate balance of $14,079.00.
3) DC Properties KEOUGH 2133-6260 with an approximate balance of
$27,443. 00.
4) 401 K-NC with an approximate balance of $2,500.00.
5) One-half of the RBC Money Market account held in joi nt names with an
approximate balance of $1,400.00.
6) Any and all assets of any kind whatsoever that Wife has or shall have in the
future with her present employer or with past employers, including but not
limited to pension plan ri ghts, retirement rights, IRAs, 401 K Plans.
Husband agrees to transfer all right, title and interest he has in al l of the
aforesaid property to Wife,
B. The Husband shall have t he following property, subject to any terms or conditions set
forth in this Article or elsewhere in this Agreement:
Any bank accounts in Husband's sole name. 1 )
2)
~
.j
SEP IRA in Husband's sole name with an approximate balance of$38,000. 00.
RBC Money Market ~ c o u n t in Husband's sole name wit h an approximate
balance of $4,200.00. ~ .\c::lt:J
4)
5)
6)
One-half of the RBC Money Market account held in joi nt names with an
approximate balance of $1,400.00.
The Raintree Country Club membership.
Any and all assets of any kind whatsoever that Husband has or shall have in
the future with his present employer or with past employers, including but not
limited to pension plan ri ghts, retirement rights, IRAs, 401 K Plans.
Wife agrees to transfer all right , title and interest she has in all of the aforesaid
property to Husband.
7) Investment account owned jointly by the parties with an approximate balance
of $10,098.00
6
(Page 8 of 18)
C. Wife has been employed during the marriage as a real estate agent. Both parties
recognize that Wife may receive in the future real estate commissions or other income or property
as a result of her work and efforts in real estate. The parties agree that income or property of any
kind whatsoever(including but not limited to real estate commissions) received by Wife at anytime
in the future as a result of her work as a real estate agent and/or realtor shall be Wife's sale and
separate property free and clear of any claims by Husband. Likewise, Husband has in the past
written certain books and movie scri pts and the parties agree that any and all income or property of
any type whatsoever Husband receives in the future as a result of his authorship of books, movie
sCripts or any other intellectual pursuits shall be Husband's sole and separate property free and
clear of any claims by Wife.
D. The parties have divided to their mutual satisfaction all of their personal effects,
clothing, jewelry, household furniture and furnishings located at this time in Wintercrest Lane
residence. The parties agree that the Husband shal l have all items of said property listed in Exhibit
A, which is attached to this Agreement and incorporated by reference herein. All items of personal
effects, clothing, jewelry, automobiles, household furniture and furnishings, appliances, and all
other articles of personal property not listed on Exhibit A and located at the residence at 5523
Wintercrest Lane, Charlotte, North Carolina shall be the separate property of Wife.
E. The parties have divided their intangible property owned by them, individually and
jointly, incl uding, but not limited to, checking and savings accounts, money market accounts, cash
investment accounts, stocks, bonds, mutual funds, IRA accounts, and property of like description as
described herein. The division of intangible property includes the allocations set forth above as the
assets retained and distributed to Wife and assets retained and distributed to Husband. Neither
party shall have any right whatsoever in the future to any intangible property in the possession of,
held in the sole name of, or under control of the other party as of the execution of this agreement
except as expressly provided otherwise in this agreement.
17, AUTOMOBILES,
A. Wi fe shall be entitled to exclusive ownership of the:
1. 1998 Land Rover automobile which she presently uses. Said vehicle is held in
Wife's sole name and there is no lien on said vehicle. Wife shall hereafter be solely
responsible for all expenses relating to the operation, maintenance, insuring and ownership
of said vehicle and shall indemnify Husband completely against same. Contemporaneously
with the execution of this Agreement, Husband shall execute any and all Instruments or
documents necessary to effectuate transfer of title to said vehicle to Wife as provided herein.
2. 2001 Volvo automobile which she presently uses, subject to the present
indebtedness owed thereon. Both the lien and the vehicle are in Wife's sole name. Wife
shall hereafter be solely responsible for all expenses relating to the operation, maintenance,
7
(Page 9 of 18)
insuring and ownership of said vehicle and shall indemnify Husband completely against
same. Contemporaneously with the execution of this Agreement, Husband shall execute
any and all instruments or documents necessary to effectuate transfer of titie, subject to the
present indebtedness owed thereon, to said vehicle to Wife as provided herein.
B. Husband shall be entitled to exclusive ownership of the:
1. 1995 Rover automobile which he presently uses, subject to any present
indebtedness owed thereon which he shall satisfy in accordance with the loan Instrument.
Said vehicle is tfiled in Husband's sole name. Any lien on said vehicle is in Husband's sole
name, Husband shall hereafter be solely responsible for all expenses relating to the opera-
tion, maintenance, insuring and ownership of said vehicle and shall indemnify Wife
completely against same. Contemporaneously with the execution of this Agreement, Wife
shall execute any and all instruments or documents necessary to effectuate transfer of title,
subject to any present indebtedness owed thereon, to said vehicle to Husband as provided
herein.
2. 1998 Subaru automobile which he presently uses, subject to any present
indebtedness owed thereon which he shall satisfy in accordance with the loan instrument.
Said vehicle is titled in Husband's sole name, Any lien on said vehicle is in Husband's sole
name, Husband shall hereafter be solely responsible for aU expenses relating to the opera-
completely against same, Contemporaneously with the execution of this Agreement, Wife
shall execute any and all instruments or documents necessary to effectuate transfer of title,
herein.
3. 2008 Acura automobile which he presently uses, subject to any present
indebtedness owed thereon which he shall satisfy in accordance with the loan Instrument.
Said vehicle is tHled in Husband's sole name. Any lien on said vehicle is in Husband's sole
name. Husband shall hereafter be solely responsible for all expenses relating to the opera-
completely against same. Contemporaneously with the execution of this Agreement. Wife
shal l execute any and all instruments or documents necessary to effectuate transfer of title,
herein,
18, BUSINESS INTERESTS (GolfTralls). GolfTralis USA Inc. is a corporation organized and
existing pursuant to the laws of the State of North Carolina, Husband is the owner of said
corporation, Wife waives. relinquishes, renounces and releases any and all claims that she may
have in and to any and all stock or other interest in said business. Wife does hereby remise,
release, and forever discharge same corporation and business from any and all actions: suits,
debts, claims. demands. and obligations of ellery kind and nature. known and unknown, Husband
8
(Page 10 of 18)
shal l, on or before the execution of this Agreement, undertake to release the Wife of all
endorsements and obligations, notes or other obligations now outstanding in connection with said
corporation whereby Wife was in fact only an endorser or guarantor of any such obligations,
whether the same was signed by her as joint maker or more expressly as guarantor or endorser.
Husband shall indemnify Wife completely against any and all indebtedness of any kind whatsoever
owed by or associated with Golf Trails USA Inc. or owed by Husband as a result of his ownership
and/or operation of Golf Trails USA Inc.
19. BUSINESS INTERESTS (G. Carter & Company): G. Carter & Company Inc. is a
corporation organized and existing pursuant to the laws of the State of North Carol ina. Husband is
the owner of said corporation. Wife waives, relinquishes, renounces and releases any and all
claims that she may have in and to any and all stock or other interest in said business. Wife does
hereby remise, release, and forever discharge same corporation and business from any and all
actions; suits, debts, claims, demands, and obligations of every kind and nature, known and
unknown. Husband shall, on or before the execution of this Agreement, undertake to release the
Wife of all endorsements and obligations, notes or other obligations now outstanding in connection
with said corporation whereby Wife was in fact only an endorser or guarantor of any such
obl igations, whether the same was signed by her as joint maker or more expressly as guarantor or
endorser. Husband shall Indemnify Wife completely against any and all Indebtedness of any kind
whatsoever owed byor associated with G. Carter & Company Inc. or owed by Husband as a result
of his ownership and/or operation of G. Carter &Company Inc.
20. FAMILY DEBTS.
A. Wife shall assume as her sole and separate obl igation any indebtedness in her sole
name, subject to any terms and/or conditions set forth in this Article or elsewhere in this Agreement.
Husband shall assume as his sole and separate obligations any indebtedness In his sole name,
subject to any terms and/or conditions set forth in this Article or elsewhere in this Agreement.
Additionally, Husband shall assume all Indebtedness of any type whatsoever associated with the
Ralntree Country Club membership.
B. The parties own jointly a credit card with RBC (account #3269) with an approximate
balance of 54,224.00. Said account will be closed as of the execution of this Agreement and any
balance on said credit card at the time shall be paid by Husband, who shall indemnify Wife
completely against same.
C, Each party represents and warrants to the other that he has not incurred any debts or
obligations, nor made any contracts, either before or after the time of separation, other than those
set forth above, for which the other or his estate may be liable or answerable. Further, each party
hereto agrees to make timely payment of the balance outstanding as set forth above and agrees to
indemnify and save the other harmless from any liability thereon.
9
(Page 11 of 18)
21. RESPONSIBILITY FOR OWN DEBTS. Wife represents and warrants to the Husband that
she has not incurred any debts or made any contracts for which the Husband or his estate may be
liable. except as provided herein. Husband represents and warrants to the Wife that he has not
incurred any debts or made any contracts for which the Wife or her estate may be liable. except as
provided herein. From and after the date hereof and except as otherwise provided herein. neither
party shall be responsible for the debts of the other party; and to the extent one party is held liable
for such Indebtedness by third persons. the other party shall indemnify and hold harmless the party
held liable. Further. any indebtedness not enumerated in this Agreement incurred by either party
prior to the execution of this Agreement will be the sole responsibility of that party. who wil l hold the
other party harmless from any liability whatsoever on said indebtedness. The parties agree that
there are no credit cards or other debts in their joint names other than the liens on the former
marital residence set forth in paragraph 15 above and the joint RBG credit card referred to in the
previous paragraph.
22. WAIVER OF LIABILITY FOR NECESSARIES. Each party warrants to the other that he or
she shall not seek from the other for the payment of expenses for necessaries that he
or she may incur. As long as the parties are married. each party hereby warrants that at any time
services for necessaries are rendered. he or she shall provide actual notice to any third party who
provides necessaries to him or her that he or she is legally separated from the other party and that
said provider should have no expectation of compensat ion or reimbursement from the other party
by virtue of the parties' marriage. Each party agrees to indemnify, defend. and hold the other
harmless from and against third-party creditors who seek compensation from him or her under the
doctrine of necessaries under the present and Mure laws of any jurisdiction.
23. RELEASE OF SPOUSE AS ENDORSER ON OBLIGATIONS. Husband shall . on or before
the execution of this Agreement. undertake to release the Wife of all endorsements and obligations
entered into by her on his behalf in relat ion to the execution or endorsement of any promissory
notes or other obligations now outstanding. whereby Wife was in fact only an endorser orguarantor
of any such obligations. whether the same was signed by her as joint maker or more expressly as
guarantor or endorser. and the Husband shall at all limes indemnify her against such endorsements
and obligations; Wife shall. on or before the execution of this Agreement. undertake to release the
Husband of all endorsements and obl igations entered into by him on her behalf in relation to the
execution or endorsement of any promissory notes or other obligations now outstanding, whereby
Husband was in fact only an endorser or guarantor of any such obligations, whether the same was
signed by him as j oint maker or more expressly as guarantor or endorser, and the Wife shall at all
limes indemnify him against such endorsements and obligations.
24. FUTURE ACQUISITION OF PROPERTY. Except as otherwise provided in this Agreement .
all future eamings and acquisition of property. whether real or personal. tangible or intangible,
which shall come into the posseSSion. control of or be lilled in the name of a party, whether
individually or jOintly. with other persons or entities, shall remain the sole and separate property of
the party, free and clear of all claims from the other party, who. by the execution of this Agreement,
10
(Page 12 of 18)
waives, quitclaims, releases and conveys to the other any and all interest, claims or rights he orshe
may have In the property which shall be deemed to be the sale and separate property of the other
spouse.
25. DISCOVERY CONSTITUTING CHOICE OF PARTIES. Both parties warrant , as part of the
consideration for this Agreement, that has requested formal discovery of the other regarding
their property and finances. The parties agree that in order to save legal expenses and to expedite
t he execution of this document that they have chosen not to pursue formal or informal discovery of
assets, property, and/or liabi lities. Each is satisfied with the disclosure that has been made, one to
the other, regardi ng assets, liabil ities, property, and finances.
26. WAIVER OF CLAIMS AGAINST THE ESTATE. Subject to the provisions of this agreement,
the parties each waive any right which either may have:
A. To administer the estate of the other;
B. To dissent from the last will and testament of the other;
C. To assert claims or rights in and to the estate of the other;
D. To assert a statutory share or distributive share in the estate of the other;
E. To make any assertion of dower or curtesy in the property of the other;
F. To seek the right of a allowance out of the personal property of the other;
G, Homestead ri ghts;
H, To a right of elective share; and,
I. Intestate rights - all other rights or interests in property, both real and personal , which
Ihey now have or may hereafter acquire ari sing oul of or accruing 10 Ihem by reason
of the intestate death of t he other party.
The provisions of this Paragraph are subject to claims arising from this Agreement.
27. FREE TRADER. The parties further hereby agree, subjecl to the provisions of this
Agreement , that each party may henceforth acquire, hold, manage, alienate, lease and convey his
or her property without the other party's knowledge, further consent or joinder in acoondance with
the provisions of N.C.G.S, 39-13.4, Just the same as If the party had never been married to the
other and further, does hereby release, relinquish and renounce any and all right to administer
upon the estate. The parties do further hereby agree that each party shall hereafter be a
11
(Page 13 of 18)
free trader with respect to all such property in his/her name, all property acquired hereafter by
him/her and all such property being conveyed to him/her under the provisions of this Agreement.
28, EQUITABLE DISTRIBUTION, It is the intent and desire of the Husband and Wife to make
an equitable division of their marital and divisible property (as defined by North Carolina General
Statutes, Section 50-20, e t . ~ in a property settlement. The parties hereto specificall y stipulate
and agree thilt the settlemer'lt provided in this Agreement is fillr aM equililble and that the
distribution of assets and debts is effectuated in full and complete sat isfaction of any and all claims
either party may have pursuant to North Carolina General Statutes, Section 50-20 in and to the
property of either or both of the parties. Except as otherwise specifically set forth herein, each party
does hereby release, relinquish and quitclaim unto each other any other properties now held by the
parties In their own individual names and all rights they may have which may arise out of the
enactment of North Carolina General Statutes, Section 50-20, et. seq.
29, SOCIAL SECURITY, Each party hereby retains any rights, claims, entitlements and interest
whatsoever in any Social Security benefits to which he or she may be entitled under federal law by
virtue ofthelr marriage to each other. The parties specifically acknowledge that they are not waivi ng
any rights in this regard.
3D, WAIVER OF ALIMONY, The parties hereby covenant and agree that neither will at any
time hereafter make any claims against the other for care, support or separate maintenance except
as may be otherwise provided herein; that neither will at any time hereafter contract any debts,
charges or liabilities for which the other party or the other party's property may become liable or
answerable, and each party does release the other party from any and all claims whatsoever -past.
present, or Mure- for alimony, either temporary or permanent, or post separation support.
31 . TAX RETURNS. The parties agree to file joint tax returns (Federal and State) for the tax
year 2008, and also agree to split the proceeds from any refund from said tax returns, both Federal
and State, or to divide equally any liability from said tax returns. both Federal and State, for the tax
year 2008. Provided, however, that neither party shall De required to pay any liability resulting from
the failure of the other party to report his or her income accurately; each party will indemnify the
other against any liability resulting from said inaccurate reporting.
32. TAXES FOR PAST OR FUTURE YEARS. In the event of any assessment of a deficiency
in any income tax on account of 2007 or any prior or subsequent year for which a joint return is or
has been flied, the parties shall equally pay any such deficiency, together with interest and
penalties as well as accounting and legal expenses, and each shall indemnify and hold the other
harmless in connection with his or her share of such expenses. Provided, however, that neither
party shall be required to pay any liability resulting from the failure of the other party to report his or
her income accurately; each party will indemnify the other against any liability resulting from said
inaccurate reporting.
12
(Page 14 of 18)
33. RECONCILIA nON. In the event of a reconciliation and resumption of the marital
relationship between the parties, the provisions for disposition of property shall nevertheless
continue in full force and effect without the abatement of any term or provision hereof, except as
otherwise specifically provided herein or as later agreed in writing by and between the parties.
Except as otherwise provided by this Agreement or by an amendment or modification to this
Agreement, perfonmed in writing and notarized and executed by each of the parties after the date of
this Agreement or the date of their reconciliation, no act on the part of either party shall serve to
modify the property rights of the parties as established herein. The property distributed pursuant to
the property settlement agreement herein shall henceforth constitute "separate property" of the
party to whom the property is distributed as that term is defined in N.C.G.S. 50-20(b)(2) and any
increase or decrease in the value of this separate property, whether active or passive, shall also be
considered separate property.
34. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect are fully
understood by the parties and each party acknowledges that the Agreement is fair and equitable;
that it is being entered into voluntarily and that it was not the result of any duress or undue
influence.
35. MODIFICATION. The parties agree that this Contract of Separation and Property
Settlement Agreement will not be incorporated into any court judgment or order whatsoever and
that it will not be modifiable in any way whatsoever. It Is agreed that if an action for absolute divorce
is instituted at any time hereafter by either party in this or any other jurisdiction, the parties shall be
bound by all of the tenms hereof; however, this Agreement shall not be incorporated into any decree
that may be granted in such divorce action and shall not be adopted by the court as its own
detenmination of the parties' rights and duties and shall not be merged in such decree, but shall
survive the same and shall be forever binding and conclusive on the parties hereto, except as
incorporation of the language of this Agreement might be necessary in order to comply with any
requirements of federal or state tax laws for purposes of minimizing any tax consequences of the
transfer of properties between the parties.
36. NO RECORDING. The parties agree that this Agreement shall not be recorded. However,
each party shall at the request of the other party execute and deliver to the other, duly
acknowledged and in recordable fonm, a memorandum of this Agreement or any other document
not inconsistent with this Agreement and evidencing the right of each party to deal freely with
property without the joinder of the other party or evidencing any other similar right which would
have been a matter of public record had this Agreement been recorded.
37. COUNSEL FEES UPON BREACH. In the event it becomes necessary to institute legal
action to enforce compliance with the tenms of this Agreement or by reason of the breach by either
party of this Agreement, then the parties agree that at the conclusion of such legal proceeding, the
breaching party shall be solely responsible for all legal fees and costs incurred by the other party,
such fees and costs to be taxed by the court. The amount so awarded shall be in the sale discretion
13
(Page 15 of 18)
of the presiding judge and the award shall be made without regard to the financial ability of either
party to pay, but rather shall be based upon the fees and expenses determined by the court to be
reasonable and incurred by the non-breaching party. It is the intent of this paragraph to Induce both
Husband and Wife to comply fully with the terms of this Agreement to the end that no litigation as
between these parties is necessary in the areas dealt with by this Agreement. In the event of
litigation, it is the further intent to specifically provide that the breaching party pays all reasonable
fees and costs that either side may incur.
38. LEGAL REPRESENTATIONS BY COUNSEL. Husband and Wife have engaged in direct
negotiations resulting in their reaching this Agreement. Wife has employed the services of Cynthia
Pauley Leone. Attorney at Law. to prepare this Agreement between Husband and Wife. Husband
acknowledges that Ms, Leone has not rendered any opinion to him regarding this Agreement, nor
has Ms. Leone functioned in any capacity as attorney for "both parties". Wife acknowledges that
Ms. Leone's role in regard to preparation of this Agreement was to prepare a document meeti ng
formal requi rements for a Contract of Separation and Property Settlement Agreement and to
contain what Wife described as the agreement reached between Husband and Wife. Husband
acknowledges that he freely and voluntarily chose not to be represented by counsel.
39. CONSIDERATION. The consideration for this Agreement is the giving of mutual covenants
and promises contained in this Agreement and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged by the parties.
40. TRANSFERS OF PROPERTY INCIDENT TO DIVORCE. The parties hereto agree (i) that
the transfer (.f property hereunder is related to the divorce; (ii) that the transfer of property
hereunder is a transfer inci dent to divorce and is related to the cessation of the marriage: (IIi) that
the intent and purpose of this Agreement is for the transfer of property hereunder to be tax free
pursuant to 1041 olthe Internal Revenue Code and for no gai n or loss to bl rocognized by lither
party as a result of such transfer.
41. PARTIAL INVALIDITY. If any provision of this Agreement shall be held Invalid or
unenforceable, all other provisions shall continue in full force and effect and the unenforceable
provision or provisions shall be deemed deleted.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal to this
Agreement in duplicate origi nals. one of whi ch is retained by each of the parties, the day and year
fi rst above written.
(SEAL)

{f UlL . ' (iiJld:5
. DIANE
14
(Page 16 of 18)
I, G10tlJ{ tl/4bw ,a Notary Public for said County and State, do hereby certify
that GARY EUGENE CARTER personally appeared before me this day and acknowledged the due
execution of the foregoing instrument for the purposes therein intended,
WITNESS my hand and notarial seal this, the day of FJ (t<\ Q(j , 2008.
'/;?R""MW
NOTARY PUBLIC
My Commission Expires On:
Au' 03, 2.Qt?
I, Roo .. ( A",d I'e , a Notary Public for said County and Stale, do hereby certify
that DIANE DOUGLAS CARTER personally appeared before me this day and acknowledged the
due execution of the foregoing instrument for the purposes therein intended.
WITNESS my hand and notarial seal t his, the 'I....... day of r"
My Commission Expires On:
5 /2.1/ 'l-CI '0
NCfARY PUBLIC
A.-.ltXES,&
15
(Page 17 of 18)
Husband's books
Husband's personal affects
EXHIBIT A
(Husband's property)
Mutually agreed upon portion of the family pictures
Tables, chairs, and bookshelves on the porch of the Wintercrest Lane residence
16
(Page 18 of 18)
J. DAVID GRANBERRY
REGISTER OF DEEDS, MECKLENBURG
CHARLOTTE, NC 28202
and/or cancellation .
. .. ... ..... * ... , ... . ..... ..... .. " .... . ................. ..................... ...... ....... ..... u ,. . ...................... ...... ..
Filed For Registration: 02/251200910:14:32 AM
Book: RE 24486 Page: 256-273
SEPIA 18 PGS $62.00
Recorder: KAMIL COOPER
I11111 11111111111111111111111111 1111111111111
2009024134
Mecklenburg County
EFAW
(Page 1 of 17)

REG ISTRATION J . DAVID GRRt.eERRY
OF DEEDS
I"IEC!(LENBURG COUNTY , NC
2eei NOV 18 11 .18 , 41 AM
81(: 25228 FEE :$!19 00
[I't STlUI'IENT If

OOCUMENT COVER SHEET
CHARLES A. EFAW, HUSBAl'ID
MICHELLE S. EFA W, WIFE
ORAWNBY
RETURN TO;
M. CLARK PARKER, P.A.
CHARLES A. EF A W
21327 AFTONSHIRE ORNE
CORNELIUS, NC 28031
(Page 2 of 17)
STATE OF NORTH CAROLINA SEPARATION AND PROPERTY
COUNTY OF MECKLENBURG SETILEMENT AGREEMENT
THIS SEPARATION AGREEMENT made this 5 ~ a y of May, 2009, between
CHARLES A. EFAW, of MECKLENBURG County, North Carolina, hereinafter referred to
as the "Husband", and MICHELLE S. EFAW, of MECKLENBURG County, hereinafter
referred to as the "Wife";
WITNESSETH:
THAT WHEREAS, the parties were married on or about SEPTEMBER 13, 2003,on
GRAND TURK ISLAND; and
WHEREAS, certain unhappy and irreconcilable differences and difficulties have
arisen and are now existing between the said parti es, rendering it impossible for them to
live together hereafter as Husband and Wife, and as a resutt of said differences and
difficulties the parties hereto are separating from each other contemporaneously with the
signing of the Agreement, and said parties have agreed to live and continue t o live
separate and apart from each other for the remainder of their natural lives; and
WHEREAS, two children were born to the marriage of the parties, namely
ISABELLA CONNOR EFAW, born on MAY 31, 2002 and CHARLEE MAE EFAWborn on
AUGUST 16, 2004:
WHEREAS, each of the parties is more than eighteen (18) years of age, and they
desire to confirm their separalion and to make agreements in connection therewith,
including the s",ttlement and adjustment of their property ri ghts and other ri ghts,
responsibilities an'ti-obligations growing out of their marital relationship; and
WHEREAS, after mature consideration and judgment, each party enters into this
written agreement and fully understands the terms, conditions and provisions, and deems
such terms to be fair, j ust and reasonable; and
NOW THEREFORE, in consideration of the premises, the mutual promises and
undertakings contained within this agreement and for other good and val uable
consideration, the receipt of which is hereby aCKnowledged, each party stipulates, agrees
and covenants wi th the other as follows:
C.A. E
SePARATION AND PROPERrv seTTLEMENT AGREEMENT
BET ....VEEN CHARLES A. EFAW AND MICHEll!: S. EFAW
PAGE \
M. S. E.
(Page 3 of 17)
ARTICLE I
SEPARATION
Section 1.1. General. From and after the date of this Agreement, Husband and
Wife shall and wi ll cont inue to live separate and apart, each from the other, as fully,
completely and in the same manner and to the same extent as though they had never
been married.
Section 1.2. Interference. Husband and Wife each wiii be iree from interierence,
authority and control , direct or indirect, by the other, as fully as if he or she were single and
unmarried. Neither will molest the other. nor harass the other. nor compel or endeavor to
compel the other to cohabit or dwell with him or her.
Section 1.3. Residence. Husband and Wife may reside at such place or places
and with such person or persons as each of them may deem fit or as each of them may
desire, subject to the provisions of Section 4.2 of this Agreement.
Section 1.4. Visitation. Neither Husband nor Wife shall call upon or visit the other
except by express invitation by one accepted by the other or in situations in which the best
interest of the minor chi ld would be served.
Section 1.S. Employment Each of the parties may for his or her separate benefit
engage in any employment, business or professit)O he or she may choose. All income and
profits realized by either party shall be for his or her separate use and benefit, free from
any and all control. restraint. or interference. direct or indirect. of the other party. except as
may be specifically set forth hereinafter.
Section 1.6. Right to Contract. Both Husband and Wife will have the right to
contract. acquire, hold, manage. alienate, lease. convey and to be contracted with
independently 01 the other as f ully and to all intents and purposes as if they had never
been married.
Section 1.7 PreMnt Debts. The parties agree to assume. pay and hold the other
harmless from any and all of their individual indebtedness. Debts secured by a mortgage
or lien on property shall be paid by the person taking possession 01 said property unless
otherwise stated herein. The parties acknowledge that any and all of their joint, household,
and family indebtedness incurred prior to the date of separation have been satisfied or
provided for separately in this Agreement to the satisfaction of each party.
C.A.E
SEPARATION ANO PROPERTY SETIl EMENT
B5l\1\1EEN CHARLES A. EfAWAND MICHELLE S. EFAW
PAGE: 2
M. S. E.
(Page 4 of 17)
Section 1.S. Futyre Debts. Neither party shall hereafter charge or cause or permit
to or against the other any purchase which either of them may hereafter make. and shall
not hereafter create any obli gations in the name of or against the other and shall never
hereafter secure or attempt to secure any credit upon or in connection with the other. or
in his or her name.
ARTICLE II
PROPERTY SEITLEMENT
Section 2.1. Marital Residence. The marital residence is located at 19114
KANAWHA DR., CORNELIUS. NC 28031 . and is held by the parties as tenants by the
enti rety. Husband hereby agrees to assume full responsibility for the lien on said property.
until it is sold by the parties. The parties agree to place this real property for sale with a
licensed real estate broker and to sell it for its fair market value. Until the sale. wife (and
minor chi ldren) will have excl usiva possession of the premises. Husband agrees to pay
all utility and house related bills and obligations in lieu of child support. Upon the sale, the
net proceeds will be used to pay the debt to the credit card issued by Best Buy, with any
remaining to be equally divided between the u s b ~ n d and Wife,
Section 2.2 Household Furnishings. The Husband shall be entitled to the items
listed on Exhibit "A" attached hereto. All items remaining at the former marital residence
shall be the sole and separate property of the Wife. The Husband may remove his
separate property and his share of marital property from the marital residence at his
discretion but no later than five (5) days prior to the closing sale of the marital residence.
Section 2.3. Vehicles. (1) 2006 SCION XB. The parties own a 2006 SCION XB,
VIN # ... 65331 which is titled in Husband's name. Husband shall be responsible for the
outstanding lien on said vehicle. Wi fe shall relinquish all rights, title and interest in said
vehicle and shall hereafter make no claims on the vehicle. After execution of this
Agreement, said vehicle shall belong solely to Husband, free from any and all claims of
right of Wife. Husband shall hold harmless and indemnify Wife for any and all expense
she actually incurs as a resul t of Husband's continued ownership of said vehicle.
(2) 2006 JEEP COMMANDER. The parties own a 2006 JEEP COMMANDER, VIN
# ... 258774 which is titled in Husband's name. Wife shal l be responsible for the
outstanding lien on said vehicle. Husband will rel inquish all rights, title and interest in said
vehicle, and shall execute a power of attorney in favor of Wife so that she may sell or trad
this vehi cle, and shall hereafter make no claims on the vehicle. After execution of this
Agreement, said vehicle shall belong solely to Wife, free from any and all claims of right
C.A. E
SEPARATION AND PROPERTY SETIl EMENT AGREEMENT
6ETlNEEN CHARLES A. EFAW AND MICHELLE S. EFAW
PACE 3
M. S. E.
(Page 5 of 17)
of Husband. Wife shall hold harmless and indemnify Husband for any and all expense she
actually incurs as a result of Wife's continued ownership of said vehicle. Husband will
make all monthly payments on the 2006 Jeep Commander until one month following the
sale of the marital residence.
(3) Negligent Operatjon. Each party agrees to indemnify and hold the other
harmless from all liability arising by reason of their separate operation of any vehicles. The
parties shall obtain liability insurance in their separate names for their respective vehicles
and shall pay the premiums on said policies as they become due after marital residence
is sold. Husband agrees to maintain automobile insurance on Wife's 20013 Jeep
Commander until either party has been granted an absolute divorce.
Section 2.4. Personal Belongings. Each party hereby acknowledges sale
ownership in the other party of all his or her wearing apparel, personal ornaments and
other personal effects.
Section 2.5. Intangible Personal Property: All stocks, bonds, cash, and sums of
deposit in checking and savings accounts (owned by either or both parties) shall be divided
as soon after execution of this Agreement as practical in the following manner:
(1) Bank Accounts: The parties have already divided all sums in their joint bank
accounts. All joint accounts have been closed orwill be closed as soon as practicable after
the execution of this Agreement. Husband has distributed his Scott Trade account as his
separate property.
(2) Retirement Benefits: Each party agrees to waive all of his/her rights to share in
the other party's benefits in any retirement plans in which the party has or is presently
participating.
Each party acknowledges that he or she waives the right to receive all or a portion
of the death benefits payable upon the other party's death under the pension plan in which
the deceased party was a participant. Without limiting the generality of the foregoing, each
party hereby consents (I) to the other party's designation of a beneficiary other than the
spouse to receive all or a portion of any death benefits payable upon the party's death
under the pension plans in which that party participated and (ii) to the other party election
of any form of payments of benefits to that party and his or her beneficiary under any
pension plan in which that party participated and expressly waives any right to require the
payment of benefits in the form of a jOint and survivor annuity. Either party will sign any
documents necessary to achieve the provisions of this section.
C. A. E
BEl\/IJEEN CHARLES A. EFAW AND MICHELLE S. EFAW
PAGE 4
M. S. E
(Page 6 of 17)
Section 2.6. Waivers of Claims Against Estate. Except as otherwise expressly
provided for in this Agreement. Husband does hereby waive, release. discharge. quitclaim
and renounce unto the Wife and her heirs, executors, administrators, and assigns, and
Wife does hereby waive, release, discharge, quitclaim and renounce unto Husband and
his heirs, executors, administrators, and assigns:
(1) All and every right to a share in the eslate oflhe other party upon said party's
death as provided in North Carolina General Statutes 2914, or otherwise, now and
hereafter by law provided;
(2) All and every right to elect to take a life estate in real estate upon the death of
the other party in lieu 01 the share provided in North Carolina General Statutes 29-14, as
provided in North Carolina General Statutes 29-30, or otherwise, now and hereafter by
law provided;
(3) All and every right to a year's allowance upon the death of the other party as
provided by North Carolina General Statutes 30-15, or otherwise, now and hereafter by
law provided;
(4) All and every right to dissent as provided by North Carolina General Statutes
301 , or otherwise, now and hereafter by law provided: and
(5) All and every right to administer the estate of the other party as provided by
North Carolina General Statutes 28-6, or otherwise, now and hereafter by law provided.
Section 2.7. Futyre Conveyance. It is agreed on the part of each party hereto that
in the event of a sale, transfer, or other conveyance of property, real, personal, or mixed,
now owned or hereafter acquired by either party, if it should become necessary to
guarantee or pass good title thereto, that the other party to this agreement should be called
upon to execute any deed, conveyance, bill of sale, or other legal instrument concerning
the dealing in such property, then in such event the other party to this agreement agrees
to and shall sign any instrument or conveyance which may be reasonably required to
perfect title in the party to whom it is sought to be conveyed, and it is agreed between the
parties that each of them shall, at any time or times hereafter, make, execute, and deliver
any and all such other and further assurances as either of said party shall reasonably
require for the purpose of giving full effect to these agreements and to this covenant , so
long as no obligation is thereby imposed upon the party whose signature is sought by the
other,
CAE
C,A. E
BETWEEN CHARLES A, EFAWANO MICHELLE S. EFAW
FAGE 6
M, S, E,
(Page 7 of 17)
Section 2.8. Effect of Reconciliation on Property Settlement. In the event of a
reconci liation and resumption of the marital relationship between the parties, the provisions
of this Agreement for settlement of property rights shall nevertheless continue in fuU force
and effect without abatement 01 any term or provision hereol, except as otherwise provided
by written agreement duly executed by each of the parties after the date of the
reconci Ji atbn.
Section 2.9. Marital Property Waiver, In accordance with North Carolina General
Statutes 50-20(d), the parties hereby acknowledge that the provisions herein for the
distribution of marital property are equitable and fair, reasonable and satisfactory to the
Husband and Wife and are made in full and complete satisfaction of any and all claims
which each party may have against Ihe other party or the property of the other party under
present and future laws relating to the distribution of marital property. Each party accepts
the provisions herein made for them in lieu of and in full and final settlement and
satisfaction of any and all claims or rights that either party may now or hereafter have
against the other party for support and maintenance or lor the distribution of property.
However, each party has relied upon the representations of the other party concerning a
complete and full disclosure of all marital assets in accepting this property settlement, and
it is understood and agreed that this provision shall not constitute a waiver of any marital
interest either party may have in property owned but not disclosed by the other party at the
time this agreement is executed. Moreover, the failure of eiiher party to disclose property
shall constitute a material breach of this agreement which shall give rise to whatever
remedies at law or in equity may be avai lable to the other party.
ARTICLE III
SPOUSAL SUPPORT OR WAIVER OF SUPPORT
AND WAIVER OF GRIEVANt;ES
Section 3.1. Alimony. Spousal support is not addressed herein.
Section 3.2. Waiver of Grievances. Any conduct on the part of either party
occurring pri or to or following the execution of this Agreement which may constitute the
basis for any legal claim by either party against the other or against a third party, including,
but not limited to claims for alienation of affection, criminal conversation, or any other
heartbalm actions. is hereby waived and released and will not be used by either party
against the other in any further proceedings. Husband and Wife release by way of third
party beneficiary contract any claim they may have against third parties arising out of the
dissolution of this marriage. The consideration for this mutual waiver is the execution of
this Separation Agreement.
C. A. E
SEPARATION ANO PROPERTY SE'ITLEMENT AGREEMENT
BETVoJEEN CHARLES A. EFAW AND MICHEllE S. EFAW
PAGE?
M. S. E.
(Page 8 of 17)
(3) Life Insurance. Husband shall maintain any employer sponsored or provided
insurance policy and maintain the Wife as beneficiary unti l all minor children reach the age
of eighteen.
For all other life insurance policies owned by either party, Husband relinquishes 10
Wife and Wife likewise relinquishes to Husband, any and all claims he or she may be
entitled to as a spouse to all benefits paid under these life insurance policies. Neither party
has a responsibi lity to maintain the other as beneficiary of any other life insurance policy.
Nothing in this section prohibits the parties from obtaining addilional life insurance
or from willingly and voluntarily designating the other as a beneficiary of any life insurance
policy coverage.
(4) Other Intangible Personal Property. The parties have divided between them to
their mutual satisfaction, all other intangible personal property owned by them individually
and jointly, including but not limited to, checking and savings accounls, slacks, bonds,
mulual funds, IRA's, interest in pension and profit sharing plans, promissory notes,
franchises, partnerships and Ihe like. Hereafter, neither party shall make any claim against
the olher for any intangible personal property in Ihe name, possession or conlrol of the
other.
Section 2.5. Marital Debts. The Husband shall assume the payment of the
foll owing debts and shall pay the balances due on the following accounts:
1. ROOMS TO GO CREDIT CARD ACCOUNT;
2. CHASE CREDIT CARD ACCOUNT
3. BANK OF AMERICA CREDIT ACCOUNT
4. BEST BUY ACCOUNT (UNTIL MARITAL RESIDENCE IS SOLD:
SEE SECTION 2.1
All credil accounts existing in the joint names of the parties have been closed or will
be closed within thirty (30) days or will be completely assumed by one of the parties.
C.A. E
SEPARATION AND PROPERTY SETILEMENT AGREEMENT
8ElVVEEN CHARLES A EFAW ANO MICHEUE S. EFAW
PAGE 5
M. S. E.
(Page 9 of 17)
ARTICLE I V
Section 4.1. Custody. Husband and Wife agree that presently Husband and Wi(e
are both fit , suitable and proper persons to have the joint legal care, custody and control
o( the minor children born of the marriage and that presently the best interests of the minor
children will be promoted if both parents share joint legal custody with primary physical
custody being placed in the Wife, with the minor children residing primarily with the Wife,
provided the Husband has reasonable visitation rights. Accordingly, the parties agree that
Wife shall have the primary physical care, custody and control of the minor children.
Reasonable visitation rights shall be defined as those rights which the parties from
time to time agree upon with the understanding that the goal is to promote contact between
the Husband and the children, keeping in mind the schedules of Husband and Wife and
the age and schedule of the minor children. In any event, Wife shall notify Husband as
soon as possible if any planned visitation becomes impossible due to unavoidable
situat ions, such as an illness of the minor children. Husband shall notify Wife as soon as
possible when visitat ion becomes impossible due to unavoidable situations, or if Husband
does not intend to exercise the scheduled visitation.
The Husband shall have the following peri ods of visitation:
(1) Christmas. Husband shall have the right to visitation whh the minor children
every year from December 26th at 1 :00 p.m. through January 2" at 1 :00 p.m ..
(2) Mother's Day. Wife shall have the right to visit with the minor children for the
purpose of celebrating Mother's Day on Mother's Day, whether or not this day falls within
the normal visitation schedule set (or Husband under this Agreement.
(3) Mother's Birthday. Wife shall have the right to visit with the minor children for
the purpose of celebrating the Wife's birthday on the Wife's birthday, whet her or not this
day (ails wit hi n the normal visitation schedule set for Husband under this Agreement.
(4) Father's Day. Husband shall have the right to visit with the minor children (or the
purpose of celebrating Father's Day on Father's Day, whether or not this day falls withi n
the normal visitation schedule set for Husband under this Agreement.
(5) Father's Birthday. Husband shall have the right to visit with the minor children
(or the purpose of celebrating the Husband's birthday on the Husband's birthday, whether
C.A. E
SEPARATION AND PROPERTY SETrl EMENT AGREEMENT
BETWEEN CHARI.ES A. EFAW AND MICHELLE S. EFAW
PAGE S
M. S. E.
(Page 10 of 17)
or not this day falls within the normal visitation schedule set for Husband under this
Agreement.
(6) Vacation. Husband shall be entitled to exercise overnight visitation with the
minor children every year for a period of up to two (2) consecutive or non-consecutive
weeks during summer vacation. Husband shall notify the Wife by MAY 1
ST
of each year
of the time or times of his choosing.
Section 4.2. Environment Each of the parties shall be under an affi rmative
obligation to maintain a suitable and proper envi ronment for the minor child/children at
such time as the child is in the physical custody of such party ..
Section 4.3. Education and Training. The parties acknowledge that
HusbandlWife has primary custody olthe mi nor child/children, subject to Husband's/wife's
visitation rights as set forth in this Agreement. The parties agree to consult with each other
with respect to the education, religious training, welfare, and all other matters relating to
the mi nor chi ld/chi ldren, whose well-being and development will at all times be of
paramount consideration to the parties. If etther of the parties possesses any knowledge
of any ill ness, accident, or other maller seriously affecting the well-being of the minor
child/children, such party shall promptly notify the other party. Each party shall be entitled
to complete, detai led information from any teacher, school, or sitter givi ng instruction to or
providing care for the minor chi ld/children and will be furnished with copies of all reports
given by such teacher, school, or sitter to the other party, upon request.
Section 4.4. Medical Information, Each party hereto shall , upon their request , be
entitl ed to complete, detailed information from any phYSician, dentist, or medical or dental
consultant or specialist attending the minor child/children for any reason and
to be furnished with copies of any reports given by the latter, or any of them, to the other
party, upon request.
Section 4.5 Child Support. The parties recognize and agree that they are both
primari ly liable for the support of their children and that the Wife will be assuming the
primary chi ld care and homemaker responsibilities for the children. The parties agree that
will pay child support in the amount of ONE THOUSAND TWO-HUNDRED
($1,200) per month, as per the North Carolina Child Support Guidelines, said sum to be
paid on the first day of each month beginning on the first day of the next calendar month
foll owi ng the sale of the marital residence and continuing on the first day of each month
thereafter. Until the sale of the residence, Husband will make those payments set out in
Section 2.1 and wil l provide funds (cash or debit card use) for food and basic essentials.
cAf
C.A.E
SEPARATION AND PROPERT'r' SETILEMENT AGREEMENT
BETWEEN CHARLES A. EFAWAND MICHELLE S. EFAW

M. S. E.
(Page 11 of 17)
Section 4.6. College Expense. Husband shall pay all expenses for the children's
coll ege including tuition fees, room and board, books, and a reasonable allowance.
Section 4.7. Medical Expenses. Husband shall maintain the minor child/children
as covered dependent on his hospitalization and maj or medical plan. All medical expenses
for the mi nor children that are not covered by insurance shall be divided between the
parties on a pro-rated basis using their prior year's gross income. Wife may use
Husband's flex card for payment of children's co-payments and deductibles.
Husband shall maintain medical insurance on Wife until one party obtains an
Absolute Divorce and will assist Wife in her application for COBRA coverage, if requested
by Wife.
ARTICLE V
TAX RETURNS
Section 5.1. Filina of Returns. The parties will decide at a later date whether to
fi le joint or separate federal and state tax returns for the year 2009.
Section 5.2. Audits. In the event of an audit of any of the parties' joint tax returns,
the parties agree mutually to cooperate with one another in responding to any questions
on issues raised regarding said ret urns. Each party agrees to hold the other harmless for
any penalties assessed on deductions or allowances related to thei r own individual income.
ARTICLE VI
GENERAL PROVISIONS
Section 6.1 . Subsequent Diyorce: Incorporation of Agreement Nothing
contained in this Agreement will be deemed to prevent eithe r of the parties from
maintaining a suit for absolute divorce against the other based on the ground of separation
as provided by law. Should a divorce be decreed in any action or proceeding between the
parties, the provisions of this Agreement will not be incorporated inlo said decree.
Section 6.2. Construction. This Agreement is not an agreement between the
parties 10 obtain a divorce. The same is an agreemenl seltling the parties' property and
marital rights.
r n.-
,.:r;/:;
C. A. E
SEPARATION ANO PROPERTY senlEMENT AGREEMENT
BETVVEEN CHAALES A. EFAW AND MICHElLE S. EFAW
PAGE 10
M. S. E.
(Page 12 of 17)
Section 6.3. Severability. It is expressly understood and agreed that in the event
anyone or more olthe provisions olthis Agreement shall be unenforceable for any reason,
the remaining portions of this Agreement shall, nevertheless, remain in full force and effect,
and the unenforceable provision or provisions shall be deemed deleted.
Section 6.4. Addltionat Instruments. Each of the parties shall Irom time to time,
at the request of the other, execute, acknowledge, and deliver to the other party, any
further instrument that may be reasonably req uired to give full force and effect to the
Section 6.5. Amendment. This Agreement can be anered and amended only by
further written agreement duly executed by the parties. Any failure by either party to
specifically perform or to enforce performance exactly according to the letter of this
Agreement shall not constitute an alteration of the same by way of enlargement, wavier,
reduction, estoppel, or othelWise, unless confirmed in writing by the parties. It is
understood the parties may, by mutual agreement, make temporary modifications from
time to time as conditions require, but this Agreement will nonetheless be binding upon the
parties as written.
Section 6.6. Situs. This Agreement will be construed and governed in accordance
with the laws of the State of North Carolina.
Section 6.7. Address of the Parties. Each party shall at all times keep the other
informed of his or her place of residence, and shall promptly notify the other of any change,
giving the address and telephone number of the new place of residence, until the youngest
minor child reaches eighteen years of age.
Section 6.8. Binding Effect. Except as otherwise stated herein, all the provisions
of this Agreement shall be binding upon the respective heirs, estates, next of kin,
executors, administrators, and assigns of the parties.
Section 6.9. Entire Agreement. ThisAgreement contains the entire understanding
of the parties and there are no representations, warranties, covenants or undertakings
other than those expressly set forth herein,
Section 6.10. Votuntary Act Each of the parties acknowledge that they have read
this Agreement and understand its contents and provisions; that it is a fair and reasonable
agreement to each of them, having due regard to the conditions and circumstances of the
parties on the date printed above; that each has signed and executed this Agreement
C.A E
SEPARATION AND PROPERTY SETILEMENT AGREEMENT
BETWEEN CHARLES A. EFAWANO MICHELLE S. EFAW
PAGEU
M. S. E.
(Page 13 of 17)
freely and voluntarily and without fear, compulsion, duress, coercion, persuasion or undue
influence exercised by either party upon the other or by any other person or persons.
Section 6.11. Representation by Counsel. Husband and WIfe acknowledge that
M. Clark Parker, P.A. has represented Wife in this matter. Husband acknowledges that
he has been advised of his rights to seek independent counsel, and has decided to
proceed Illi! se. Wife has been fully advised of her rights and obligations arising from her
marital relationship, has asked Questions of her respective counsel and has received
answers to said questions which are fully satisfactory to her. Wife has accepted, and is
fully satisfied with the legal services, counsel and advice rendered to her by his attorney.
Husband acknowledges that M. Clark Parker has advised him to seek legal counsel of his
own choOSing to represent his interests in the negotiation and settlement of the parties'
property and marital rights. Husband acknowledges that the firm of M. Clark Parker, P.A.
represents Wife only in this matter.
Section 6.12. Disclosure. Each party acknowledges that he/she is fully satisfied
with the disclosure received from the other party regarding the parties' property and is
satisfied with the provisions settling the parties' property and marital rights contained in this
Agreement Each party understands that the agreements and obligations assumed by the
other are assumed with the express understand ing and agreement that they are in full
satisfaction of all rights which each of them now has or might hereafter or otherwise have
in the property or estate of the other and in full satisfaction of all obligations which each of
them now has or might hereafter or otherwise have toward the other. Each party warrants
that he or she has made a full and complete disclosure to the other of the following:
(1) Income and Expenses: The income which each party is currently receiving from
employment together with income received from all other sources; the amounts being
withheld from income for payment of federal and state income taxes, FICA. insurance, and
from any other purpose; and the monthly living expenses which each has or antiCipates
having in the immediate future.
(2) Assets and Liabilities: The assets which each party owns or in which each has
any legal or equitable interest; and the debts for which each is liable. Each party does now
acknowledge that he or she doe not have any liability for the payment of any indebtedness
in excess of $100.00 which has not been disclosed to the other party. Further, each party
agrees to indemnify the other for any expense incurred by the other for a debt. listed i n this
Agreement for which that party assumed responsibility.
C.AE
BETWEEN CHARLES A. EFAWAND MICHELLE S. EFAW
PAGE 12
L { f l l ~ E
M.S.E.
(Page 14 of 17)
Section 6.13. Forwarding Correspondence. Each party agrees that he and she
will promptly forward to the other all mail and other correspondence received addressed
to the other party separately.
Section 6.14. Remedies for Breach. If either party fails in the due performance
of his or her obligation under this Agreement. the other party shall have the right , at his or
her election, to sue for damages for breach of this Agreement, to sue for specific
pertormance of this Agreement. or to rescind the Agreement and seek such legal remedies
as may be available to him Dr her. In any such suit or proceeding, the party deemed to be
the party shall be liable for the attorney's fees of the party deemed to be the
prevailing party, as well as the Court costs and fees incurred by the prevailing party.
Both parties acknowledge thai neither party has a speedy or adequate legal remedy
to compel compl iance with the provisions of this Agreement. that neither party should be
required repeatedly to file suit for any breach of this Agreement. that this Agreement is fair
and equitable to both parties, and that an order of specific performance enforceable by
contempt is an appropriate remedy lor breach by either party.
Section 6.15. Submission to Jurisdiction. Husband and Wife hereby submit
themselves to the jurisdiction of the courts of the State of North Carolina, which shall be
the place of any future action brought by either of the parties regarding the provisions of
this Agreement.
Section 6.16. Para9raph Headln9s. Paragraph headin9s in this A9reement are
to facilitate reference only, and if in conflict with, or not descriptive of. the substance of any
paragraph, the substance will control.
IN WITNESS WHEREOF, we have hereunto set our hands and seals, alier adopting
the word "seal" next to our names, as our personal seals to DUPLICATE ORIGINALS of
this agreement, one of which is retained by each party, this the day and year written above.
J;1-
___ (SEAL)
U""',,- ,' -.!.J,V 21.'-'1 !U!.Avilt""'-"""-'. . ....I.S..;", . ..... A""'4'-r __ ( SEAL)
Michelle S, Efaw
(Page 15 of 17)
1.'JilI&" 5o!L lUI (..I.,11'f1J/J, a Notary Public for said County and State. do
hereby certify that Charles A. Efaw personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and seal. this the Si"oay of 't'fItut .2009.
My Commission Expires: flJo'l1bH be/ s;- d-dl/
RAE sox WILLIAMS
NOla"" Publio
.... County.

SO)/! ubu../ &m..c .Notary Public for said County and State. do
hereby certify that Michelle S. Efaw personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and seal. this the of . 2009
Notary Public: ( 141;. "i 1AJ1I._Lot NW
My Commission Expires: !), lett, 6 Y' J-i tt
'!AI sox WILLIAMS
, N01ary Pubfic
I County. NC
E;(pire!. 5 l{)1-
-- _. :. __ c
(Page 16 of 17)
EXHIBIT A
Marital Property Distri buted To Charles A. Efaw, Jr.
Red couch in the li ving room.
Chen)' dining table and chairs.
Ouest bed and dresser.
Coffee table and end stands (cberry) in the living room.
One 27" television in the garage.
2005 Harley David,on Nighttrain Yin # ... 031 478.
Black refrigerator, ifnot sold wilh house.
Washer and dryer, if not sold with house.
Laptop computer.
Oas grill .
Lawn mower.
Gas tri mmer.
Tool box with lools.
C.A. E.
SECTI ON 2.2. HOUSEHOLD FURNISHINGS
BETWEEN CHARLES A. HAW AND MICHELLE S. EFAW
(Page 17 of 17)
J. DAVID GRANBERRY
CHARLOTIE, NC 28202
Filed For Registration: 111181200911:18:48 AM
Book: RE 25228 Page: 159115
SEPIA 11 PGS $59.00
Recorder: TERESITA BYRUM
11111111 1111 111111111111 1111111111111111111
2009157588
Mecklenburg County
KLEMACK
(Page 1 of 35)
Mail To:
Mary Alice Dixon, Attorney at Law
Law Office of M. A. Dixon
4600 Park Road, Suite 300
Charlotte, NC 28209
RETURNED TO CUSTOMER
I ON- J DRV 10 IOI<A:08::R'R'f '.
REGI STER OF OEDS
M:: CKLENIIURIJ CQijNT'r' , Ne
2GOi JUL 14 11 :37 ::13
81< , 2492 . PC, 21.!' FEE : $113 . 01l
INSTRt..tl ENT 20051099123
(Page 2 of 35)
NORTH CAROLINA
MECKLENBURG COUNTY
aDd
POST-8EPARATION SUPPORT,
and ALIMONY and PROPERTY
SETTLEMENTAGREEMENl
THIS CONTRACT OF SEPARATION AND POST-8EPARATION
SUPPORT AND ALIMONY AND PROPERTY SETTLEMENT AGREEMENT
(herein . fter "Agreement") is made and entered into this the 10 -tfJ day of
..) 4. ('1 , 200 '9 ,by and between, ASA JOHANNA NILSSON
KLEMACK: (hereinafter referred to as "Wife"). a citizen and resident of Mecklenburg
County, Nonh Carolina and DONALD ANGEL KLEMACK, (hereinafter referred to as
"Husband"), a citizen and resident of Mecklenburg County, Nonh Carolina.
ARTICLE I. RECITALS
A. Marriage: The panies hereto were lawfully married on June 30, 2001
in Columbus, Franklin County, Ohio. This is a first marriage for each pany.
B. Children: There were no children born of the marriage of the part ies .
..-- C. Separation: The parties separated ITom one another on or about
t) u I 't /0. 2009 and have agreed to live separate
and apan from that ate forwar! because of unfonunate differences and incompatibil ities
which now exist between them.
D. Purpose: The panies desire to provide for a final settlement of all
marital and property rights. including all claims for postseparation suppon, alimony,
equitable distribution, and attorney fees.
E. Representation of Parties: This Agreement is entered into freely and
VOluntarily. Neither Husband nor Wife is under any duress, coercion or other
circumstance that in any way negates the free action of eilher Husband or Wife with
regard to the signing of this Agreement. Wife has been represented by independent
counsel of her choice, Mary Alice Dixon of the Law Office of M. A. Dixon, Charlotte,
North Carolina, only for purposes of memorializing in writing the agreement reached by
Husband and Wife and not for obtaining expert verification and appraisals of any of
Husband's assets; and Wife acknowledges that she was advised of these options and
elected not to seek expert appraisals of Husband' s assets and has accepted their values as
Husband has represented them to her; Wife represents that she is satislied with the terms
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of the agreement that she and Husband have reached. Wife represents that she is satisfied
wi th her attorney's services.
Both parties acknowledge that the preparer of this Agreement, Mary Alice Dixon,
is not a certified public accountant or an expert in the areas of taxation and that no
representation as to tax ramificat ions as a result of the tenus of this Agreement has been
made by Mary Ali ce Dixon.
Both parties acknowledge that each has the option of consulting with a CPA prior
to the execution of this document and both parties stipulate and agree that they have
carefully read and understand the tenus and conditions of this Agreement and deem them
to be, each in his or her own mind, fair, just and equitable and in full and complete
satisfact ion of all property and spousal support claims, present and future, arising oUl of
or in any manner related 10 their marriage.
Each party acknowledges that this Agreement is fair and equitable, that it is being
entered into voluntaril y, that it is not the result of duress or undue influence, and that each
party believes that both parties are capable of perfonuing each and every obligation
imposed upeln them by this Agreement.
By his signarure to this Agreement and his initials below this speci fie paragraph,
Husband acknowledges that he has had ample time and opportunity to consult counsel of
his own choosing, that he has elected to represent himself with regard to the tenus of thi s
Agreement and that he has received no legal advice from Ms. Dixon and he has not met
with Ms. Dixon. Husband further confirms that he has reviewed each of the paragraphs of
thi s Agreement and the same accurately reflect the full and complete understanding as
reached between Husband and Wife.
F. Consideration: The consideration for this Agreement is the giving of the
mutual promi ses contained herein and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged by each pany.
G. IRS Circular 230 Disclosure: To ensure compliance with requirements
imposed by the IRS, nothing contained in the text of this Agreement was intended by the
dmfter, Mary Al ice Dixon, or written to be used, and cannot be used for the purpose of
avoiding tax related penalties or promoting, marketing or recommending to any other
individual or entity any tax related matter, if any, addressed or referenced herein.
The parties agree as follows:
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ARTICLE n. GENERAL PROVISIONS
A. Separation: Husband and Wife shall in the future live separate and apart each
from the other. as fully. completely and in the same manner, and to the same extent as
tho ugh they had never been married.
B. Employment: Each of the parties may for his or her separate benefit, engage
in any employment, business or profession he or she may choose.
C. Right to Contract: The parties may contract as though they had never been
married.
D. Covenant of NonInterference: Each party shall he free from interference
and control, direct or i n d i r e ~ by the other. Neither shall molest nor harass the other.
Husband and Wife agree that. henceforth. neither of them will. in any manner, molest.
harass, or interfere with the personal rights, liberties, privileges 'or affairs of the other, and
each shall, hencefonh live his or her own personal life as he or she may see fit,
unrestricted in any manner by the marriage and relationship previously existing between
them; the parties agree that neither shall compel, nor attempt to compel, the other party to
cohabit or dwell with him or her by any means whatsoever.
E. Construction: This Agreement is not an agreement to obtain a divorce. It is
an agreement settling property and spousal suppon marital rights.
F, Residence: Husband and Wife may reside at such place or places and with
such person or persons as each of them may deem fit or as each of them may desire. It
shall be lawful for each party to live separate and apan from the other and to date,
associate, or live with such persons and at such places, as either party shall see fit in
conformity with the laws of Ihe State of North Carolina.
G. Visitation: Neither Husband nor Wife shall visit the other except by express
invitation by one accepted by the other.
H. Subsequent Divone: This Agreement has not been entered into for the
purpose of facilitating a divorce between the parties, but the parties do recognize the
possibility that either of them may al some future time seek i'J1 absolute divorce from the
other. Nothing herein contained shall be construed to prevent either pany from instituting
an action for absolute divorce against the other pany in any jurisdiction within the United
States of America. Either party can divorce the other on no-fault grounds. The rights and
obligalions under this Agreement shall survive any divorce. ln the event that such action
is instituled, the resulling de.ree of absolute divor.e shall not impair or destroy the right
of Wife or Husband to continue to receive the benefits and rights provided for under the
terms of this Agreement but, on the contrary, all tenns and provisions of this Agreement
shall survive the same and be forever binding and conclusive on the parties hereto. It is
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understood that either party choosing to file for divorce wilr be responsible for and pay
for the costs of such act ion and associated attorney fees, ifany.
I. Mutual Release: Subject to the provisions of this Agreement each party has
released and discharged, and by this Agreement does for himself or herself, and his or her
heirs, legal representatives, executors, administrators and assigns, release and discharge
the other of and from all causes of action, claims, rights, or demands whatsoever, at law
or in equity. which either of the panies ever had or now has against the other known or
unknown.
J. Additional Instruments: The panies, as necessary, shall execute and
acknowledge and deliver to the other any further instrument reasonably required to give
full force and effect to the provisions of this Agreement.
K. Free Trader: Except as otherwise provided herein, either pany may at any
time hereafter acquire. possess, encumber, transfer, conveyor otherwise deal with any
and all classes of property, real or personal, tangible or intangible, or mixed, whether now
owned or possessed or hereafter acquired by either of them. without the joinder of the
other party and with the same force and effect as if they were unmarried.
L. Sale of Property - Real and Personal: Husband and Wife are executing this
Separation Agreement to include the provisions of North Carolina General Statutes
(hereinafter also referred to as "NCGS") 39-13.4. In the event of a sale, transfer of
conveyance of any real or personal property now owned or 'hereafter acqui red by either
party, if either party to this instrument is called upon to execute a deed, conveyance. bill
of sale or other instrument conveying propeny, then that party will sign any such
instrument which may be reasonably required or reasonably necessary to perfect title in
the grantee of the property which is sought to be conveyed. The parties agree to any
conveyance of property, real or personal, by the other, and such conveyance of propeny
may be made by eoch party without the funher consent or approval or joinder of the other
pany in accordance with the provisions of NCGS 39-13.4. just as if the party had never
been married to the other party. The party not in possession or not in control of the
property being conveyed shall not be required to make any warranty to the grantee.
M. Amendment: This Agreement can be amended only by further written
agreement executed in accordance with NCGS 52-10.1.
N. Addresses of the Parties: Each party shall at all times keep the other
informed of his or her cutTent place of residence, mailing address and telephone numbers
and shall promptly noti fy the other of any change and provide the other with the address
of the new place of residence, mailing address and telephone numbers so long as either
party has monetary obligations under this Agreement.
O. Disclosure: The parties expressly acknowledge that each is satisfied with the
disclosure that each has made to the other of all property and interests in propeny, real
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and personal, tangible and intangible, divisible and indivisible, and of all income received
by either of them from all sources, and of all debts for which each, or the other, is, or may
be, liable, and Husband and Wife are each is satisfied with the disclosures made by each
of them.
The panies to this Agreement acknowledge each has the right to compel discovery
and inspect ion of the business and personal financial books and records of the other party
and of his and her right to have accountants, appraisers and others investigate, appraise
and evaluate any or all of the tangible or intangible personal property, assets, and
liabilities, and business property, assets, and liabilities of the other. Each pany has
specifically waived the further exercise of these rights and Wife has instructed her
attorney, and the Husband has elected also, not to take any further measures, individually,
or through others, with respect to the discovery, inspect ion, invest igation, appraisal or
evaluation of all such propeny; assets; and liabili ties of the other. The decisions on the
pan of the panies not to exercise further rights of disclosure are based upon the
acknowledgement by each party that he or she is entirely satisfied with the disclosure as
presently made of the financial circumstances of the other pany, including but not limited
to, income, income potential, debt, marital and separate property of the other and all other
aspects of the present and prospective financial circumstances of the other party. Both
panies warrant, as pan of the consideration for this Agreement, that neither has requested
extensive formal discovery of the other regarding their property arid finances. The parties
agree that in order to save legal expenses and to expedite the execution of this document
that they have chosen not to pursue formal discovery of assets, property andlor liabilities.
Each is satisfied with the disclosure that has been made, one to the other, regarding
assets, liabi lities, property and finances.
Each party stipulates that he or she has been fully and completely informed of the
financial situation of the other party, including the amount of his her or assets, liabilities
and income.
Husband warrants to Wife that he has made a full and complete disclosure as to
his financial status. He has informed her as to all assets, real or personal, tangible or
intangible, in which Husband has any interest, legal or equitable. Further, Husband has
made disclosure as to the reasonable worth or market value of such assets. These assets
include interests in pension, profit-sharing andlor retirement benefits; all real estate; all
business interests; all life insurance; all life, medical, casualty, disability or other
insurance coverage; all cash or other deposit accounts; all stocks, bonds andlor mutual
funds; and all tangible personal property, including household furnishings, appliances,
objects d' art, automobiles, boats, jewelry, equipment, and the like. Further, Husband
warrants he has made a full and complete disclosure as to all income or other funds
received by Husband from any source whatsoever. Further, Husband warrants that he has
made a full and complete disclosure to Wife as to all of his liabilities, potential or alleged
liabilities, and debts, including, but not limited to, credit card debts.
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Wife warrants to Husband that she has made a full and complete disclosure as to
her financial status. She has informed him as to all assets, real or personal, tangible or
intangible, in which Wife has any interest, legal or equitable. Further, Wife has made
disclosure as to the reasonable worth or market value of such assets. These assets include
interests in pension, profit-sharing and/or rotiremenl henefils; all real estate; all business
interests; all life insurance; all life, medical , casualty, disability or other insurance
coverage; all cash or other deposit accounts ; all stocks, bonds and/or mutual funds ; and
all tangible personal property, including household furnishings, appliances, objects d'art,
automobiles, boats, jewelry, equipment, and the like. Further, Wife warrants she has
made a full and complete disclosure as to all income or other funds received by Wife
from any source whatsoever. Further, Wife warrants that she has made a full and
complete disclosure to Husband as to all of her liabilities, potential or alleged liabilities,
and debts, including, but not limited to, credit card debts.
WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER
EXPRESSLY STIPULATE, ACKNOWLEDGE AND AGREE (i) THAT THIS
AGREEMENT IS EXECUTED VOLUNTARILY, (ii) THAT THIS AGREEMENT
WAS NOT UNCONSCIONABLE WHEN IT WAS EXECUTED, AND (iii) THAT
BEFORE EXECUTION OF THIS AGREEMENT, HE OR SHE WAS PROVIDED
A FAIR AND REASONABLE DISCLOSURE OF THE PROPERTY AND
FINANCIAL OBLIGATIONS OF THE OTHER.
Husband expressly acknowledges that he has had the opponunity and the means to
review the financial assets and personal status of Wife and he has given full and mature
thought to the making of this Agreement and in the negotiations surrounding the making
and execution of this Agreement.
Wife expressly acknowledges that she has had the opportunity and the means to
review the financial assets and personal status of Husband and she has given full and
mature thought to the making of this Agreement and in the negotiations surrounding the
making and execution of this Agreement.
P. Assets Settlement:
PursuiIl'It to NCGS 50-20(d), the parties have agreed and provided for a settlement
and distribution of all their marital and divisible property, as those terms are defined in
NCGS 50-20(b), and have further agreed and provided fo r a settlement of all other
property rights, whether arising under any provision of the laws of the State of North
Carolina or arising under any provision of the laws of any other jurisdiction. The parties
agree that the settlement provided in this Agreement is fair and equitable and that the
distribution of assets and debts is effectuated in full and complete satisfaction of any and
all claims either party may have pursuant to North Carolina General Statues, Section 50-
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20 in and to the property of either or both of the parties. Except as otherwise specifically
set forth herein, each party does hereby release, relinquish and quitclaim unto each other
any other properties now held by the parties in their own individual names and all rights
they may have which may arise out of the enactment of North Carolina General Statutes,
Section 50-20, et seq., more conunonly known as the "Act for Equitable Distribution of
Marital Property". The panies property settlement and distribution is as follows:
ARTICLE Ill. PROPERTY SETTLEMENT
A. Division of Household and Personal Effects and Tangible Personal
Property
The parties agree that they do not wish to itenl ize tangible personal property, and
the parties agree that they have already divided, to their mutual satisfaction, all
personal effects, household fumiture. fwnishings. appliances. jewelry and all
other articles of personal property, which they have'heretofore owned. possessed.
or used in conunon, except the four cats belonging to the parties. The parties
agree that Husband will have temporary custody of the parties' four cats unt il
Wife moves into her oy,n residence, at which time Wife will take possession of
two of the cats, namely, Nigel and Steve, and these "ill be her pennanent separate
personal property and the other iwo cais will be the pennanent separate personal
property of Husband. The parties agree that Wife will help with the care of the
cats if Husband goes out of town during the period in which he has temporary
custody of the cats. The part ies agree that Wife will help with the cost of the food
and veterinary care of all four cats during the period in which Husband has
temporary custody of the cats. The panies agree that any expense contemplated
for the medical or veterinary care for a single cat that is in an amount in excess of
$500 shall be mutually agreed upon by the parties.
Apart from the parties' four calS, the partie:; agree that ea.h shall own
independently of any claim or right of the other all items of personal property of
every kind in the respective possession of each, whether now or hereafter owned
by him or her, with full power to dispose of the same as fully and effectually as if
he or she were unmarried, the same such property to constitute the sole and
separate property of that respective party.
Husband hereby waives, reieases, and relinquishes unto Wife all of his right , title,
and interest in the aforesaid personal property hereinabove allotted to Wife and
Wife hereby waives, releases, and relinquishes unto Husband all of her right, title,
and interest in the aforesaid personal property hereinabove allotted to Husband.
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B. Molor Vehicles
Husband shall have the sole possession and use of the 2001 Toyota 4-Rwmer
currently titled solely in the nwne of Husband and paid for in full. Husband shall
relain and receive as his sole and separate property the 2001 Toyota 4-Runner.
Wife releases, transfers, and conveys to Husband al l right, titie, claim and interest
in this vehicle. Husband shall pay and stand solely responsible for paying all
debts related to the ownership, maintenance, liabilities, and insuring of the 2001
Toyota 4-Runner and shall hold Wife harmless from any claim or expense
therefrom.
Wife shall have the sole possession and use of the 1966 Triumph Herald currently
titled solely in the maiden name of Wife. to wit. Asa J. Nilsson. and paid for in
ful l. Wife shall retain and receive as her sale and separate property the 1966
Triumph Herald. Husband releases, transfers, and conveys to Wife all right, title,
claim and interest in this vehicle. Wife shall pay and stand solely responsible for
paying all debts related to the ownership, maintenance, liabilities, and insuring of
the 1966 Triumph Herald WId shall hold Husband hannless from any claim or
expense therefrom.
Wife shall have the sale possession and use of the 1999 Saab 9-5 currently titled
in the names of Wife and Husband jointly and paid for in full . Wife shall retain
and receive as her sole and separate property the 1999 Saab 9-5. Husband
releases, transfers, and conveys to Wife all righi, titie, claim and inlerest in Ihis
vehicle. Wife shall pay and stand solely responsible for paying all debts related to
the ownership, maintenance, liabilities, and insuring of the 1999 Saab 9-5 and
shall hold Husband harmless from any claim or expense therefrom. Husband
agrees to execute all such documents as are necessary to place title solely in the
name of Wife within seven calendar days of the date of the signing of this
Agreement.
Each of the parties agrees that subsequent to the date of the execution of this
Agreement, each party shall be and remain separately and individually responsible
and liable for any and all pasl, present or fulute molar vehicle taxes, indebtedness,
motor vehicle insurance and liabilities incurred or owed for or pertaining to any
motor vehicle operated by that party and shall indernniJY and hold the other party
harmless for the same.
Each of Ihe parties agrees that subsequent to the date of the execution of Ihis
Agreement, each party shall be individually responsible for obtaining and
maintaining appropriate and adequate molar vehicle insurance for any and all
vehicles in his or her custody or possession.
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Each of the parties agrees to execute any and all documents necessary to
effectuate the provisions of this section.
C. Intangible Personal Property induding Retirement and 40Hkl Benefits
Except as herein provided, prior to the execution of this Agreement the parties
have divided equitably between themselves certain checking accounts and money
market accounts. Except as provided herein, the parties have divided their
intangible property owned by them, jointly or individually, including, but not
limited to, any checking and savings accounts, stocks, bonds, mutual funds, trusts,
IRA accounts, interest in pension and profit-sharing plans, retirement plans,
promissQry notes, partnerships, choses in action certificates of deposit, money
market accounts, cash management accounts. and property of like description.
Neither party shall make any claim against the other for any intangible property in
the possession or under the control of the other, following execution of this
Agreement; henceforth, any and all intangible property in the name of a party is
and shall be the separate property of the named party.
Consistent with the provisions stated herein and below, the parties agree that all of
their intangible property and is hereby divided and distributed so that Ihe party 10
whom the property is allotted under the provisions of this Agreement is hereby
allotted full ownership, possession, and control. Each of Ihe parties hereby
waives, releases and relinquishes unto the other any and all right, litle, and interest
in Ihe respective intangible person.l property hereinabove allotted 10 the olher.
Hereafter, neither party shall make any claim against the olher inconsistent with
this Agreement for any intangible personal property in their possession or under
the control of the other. Each of Ihe parties agrees 10 execute any and all
documents necessary to effectuate lhe provisions of this section. This includes,
bUI is not limited to Ihe express agreement that each party agrees to execute any
and all waiver of beneficiary fonns presented by one party to the other concerning
intangible personal property, including but not limited to pension, relirement,
IRA, 401 (k), and life insurance beneficiary forms; such execution shall be within
48 hours of presentation of the form 10 the party.
By way of execution of this Agreement, the parties agree to the following:
1. Bank. Bl'Okerage. Other Intangible Accounts. and Life Insurance
The parties stipulate and agree that they are joint owners of a Bank of
America checking account currently titled jointly in the names of Husband
and Wife Ihat the parties slipulale had a balance as of the date of this
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Agreement of $6,931 . The parties stipulate and agree that within 72 hours
of the signing of this Agreement they will close this account and equally
divide between themselves the balance remaining in this account. The
panies stipulate and agree that they are jOint owners of a Bank of America
savings account currently titled jointly in the names of Husband and Wife
that the parties stipulate had a balance as of the date of this Agreement of
$754. The parties stipulate and agree that within 72 hours of the signing
of this Agreement they will close this account and equally divide between
themselves the balance remaining in this account.
The panies stipulate and agree that Husband shall have the sole title,
possession and use any and all bank and brokerage and other intangi ble
accounts and/or assets currently titled in his name individually, or in his
name and that of any third pany other than Wife, including but not li mited
to checking accounts, savings accounts, money market accounts,
certificates of deposit, brokerage accounts, direct purchase stock accounts,
mutual funds, bond funds, and treasury 1)otes, such separate accountS
belonging solely to Husband incl uding the Wachovia checking account
currently titled in Husband' s name individually, which the panies stipulate
had a balance as of the date of the signing of.this Agreement of $6,473; the
Wachovia savings account currently titled in Husband's name
individually, which the panies stipulate had a balance as of the date of the
signing of this Agreement of $305; the Fifth Third ch""king account
currently titled in Husband' s name individually, which the parties sti pulate
had a balance as of the date of the signing of this Agreement of $24.93;
the Charl otte Metro Credit Union savings account currently titled in
Husband's name indivi dually, which the panies stipulate had a balance as
oflhe date of Ihe signing of thi s Agreement of $116.94.
Wife does hereby waive, release, discharge, quitclaim, and renounce unto
Husband, his heirs, and assigns, all and every right to share in any and all
of the accounts andlor assets titled in Husband's name or in Husband' s
name and any third pany other than Wife which Husband' s may now oWn
or which Husband may own in the future.
The parti es stipulate and agree that Wife shall have the sole title,
possession and use of any and al l bank accounts and brokerage and other
intangible accounts and/or assets currently titled in her name individually,
and her name and that of any third party other than Husband, including but
not limited to checking accounts, savings accounts, money market
accounts, certificates of deposit, brokerage accounts, direct purchase stock
accounts, mutual funds, bond funds, and treasury notes, such separate
accounts belonging solely \0 Wife incluciing the BB&T checking ~ c c U n l
currently titled in Wife ' s name individually, which the panies stipulate had
a balance as of the date of the signing of this Agreement of $136; the
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Aquesta checking account currently titled in Wife's name individually,
which the parties stipulate had a balance as of the date of the si gning of
this Agreement of$4,768; the Aquesra savings account currently ti tled in
Wife's name individually, which the parties stipulate had a balance as of
the date of the signing of this Agreement of $1 B,OI B. Further Wife is an
authorized signer on two Wachovia accounts titled in her mother' s name,
to wit, Taimi A. Nilsson, which the parties stipulate Wife uses to pay
Wife's mother's bills in Wife's mother's absence. The accounts of Taimi
A. Nilsson on which Wife is an authorized signer, are a Wachovia
checking account number xxx7BBO which the parties stipulate had a
balance as of the date of the signing of this Agreement of $2,562 and a
Wachovia money market account xxx8703, which the parties stipulate had
a balance as of the date of the signing of this Agreement of $122,393.
Husband does hereby waive, release, discharge, quitclaim, and renounce
unto Wife, her heirs, and assigns, all and every right to share in any and al l
of the accounts and/or assets titled in Wife's name or in Wife' s name and
any third party other than Husband which Wife may now own or which
Wife may own in the future.
The parties stipulate and agree that Husband shall have the sole title,
possession and ownership interest in any and all life insurance policies of
which he is record owner as of the date of the parties' separation. Such
policies include, but are not limited to, a term policy with Lincol n
Financial, policy #A 748154, and a life insurance policy through his
employment with Avaya. The parties agree that Husband shall have full
right to designate beneficiaries of any such policies. The parties agree that
each party shall execute any and all waiver of beneficiary forms presented
by one party to the other, including but not limited to life insurance
beneficiary forms; such execution shall be within 48 (forty-eight) hours of
presentation of the form to the party.
The panies stipulate and agree that Wife shall have the sole title,
possession and ownership interest in any and all life insurance policies of
which she is record owner as of the date of the parties' separation. Such
pol icies include, but are not limited to, a term policy with First Penn-
Pacific Life Insurance Company, policy #T103411917. The parties agree
tbat Wife obtained this policy prior to the marriage of the panies. The
parties stipulate that Wife's ownership interest in this policy is her
separate property. The parties agree thaI Wife shall have full right to
designate beneficiaries of any such policies. The parties agree that each
party shall execute any and all waiver of beneficiary forms presented by
one party to the other including but not limited to life insurance
benefiCiary fomns; such execution shall be ~ t h i n 48 (forty-eight) hours of
presentation of the form to the party.
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2. Individual Retireinent AconuD", Pension Plans, and 401(k)
Accounts
The parties stipulate and agree that Husband shall have the sole title,
possession and ownership interest in any individual retirement accounts,
pension plans, restricted stock plans, and 401 (k) acceunts in Husband's
name as of the date of the parties' separation, including, but not limited to,
Husband' s Individual Retirement Account , namely, the IRA FBO Donald
A, K1emack, Pershing LLC as Custodian, Account Number xxx938 I ,
which the parties stipulate had a value as of the date of the signing of this
Agreement of 565,595 and also including, but not limited to, Husband's
Avaya 401(k), namely, the Fidelity Account ASPSE xx339, which the
parties stipulate had a value as of the date of the signing of this Agreement
of $21,890, Wife does hereby waive, release, discharge, quitclaim, and
renounce unto Husband, his heirs, and assigns, all and every right to share
in such accounts and plans, including, but not limited to, Husband's
Individual Retirement Account, namely IRA FBO Donald A. Klemack,
Pershing LLC as Custodian, Account Number xxx938L and Husband's
Avaya 401(k), namely, the Fidelity Account ASPSE xx339.
Wife does hereby waive, release, discharge, quitclaim, and renounce unto
Husband, his heirs, and assigns, all and every right to share in any vested
andlor non-vested pension andlor retirement rights which Husband may
now ov.n or which Husband may own in the future
The parties stipulate and agree that Wife shall have the sole title,
possession and ownership interest in any individual retirement accounts,
pension plans, restricted stock plans, and 401(k) accounts in Wife's name
as of the date of the parties' separation, including, but not limited to,
Wife's Individual Retirement Account, namely, the IRA FBO Asa J.
Klemack, Pershing LLC as Custodian, Account Number xxx2233, which
the parties stipulate had a value as of the date of the signing of the
Agreement of $63,864, and also including, but not limited to, Wife' s
Huntington Bancshares Retirement Plan, which the parties stipulate had a
benefit calculation of $364.51 at August 1,2022.
Husband does hereby waive, release, discharge, quitclaim, and renounce
unto Wife, her heirs, and assigns, all and every right to share in any vested
andlor non-vested pension andlor retirement rights which Wife may now
own or which Wife may own in the future.
The parties agree that each party shall execute any and all waiver of
beneficiary forms presented by one party to the other within 48 (forty-
eight) hours of presentation of the form to the party.
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3. Additional Intangible Property Provision.
Consistent with the provisions stated herein above and below, the panies
agree that all of their intangible property is hereby divided and distributed
so that the party to whom the property is allotted under the provisions of
this Agreement is hereby allotted full O'ovnership, possession, and control.
Each of the parties hereby waives, releases and relinquishes unto the other
any and all right, tide, and interest in the respe<:tive intangible personal
property hereinabove allotted to the other. Hereafter, neither party shall
make any claim against the other inconsistent with this Agreement for any
intangible personal property in the possession or under the control of the
other. Neither pany shall make any claim against the other for any
intangible property in the possession or under the control of the other,
following execution of this Agreement; henceforth, any and all intangible
property in the name of a party is and shall be the separate property of the
named pany.
Each of the part ies agrees to execute any and all documents necessary to
effectuate the provisions of this section. This includes, but is nOllimited
to the express agreement that each party agrees to execute any and all
waiver of beneficiary forms presented by one pany to the other concerning
intangible personal property, including but not limited to pension,
retirement, 401(k), and life insurance beneficiary forms; such execution
shan be within 48 (forty-eight) hours of presentation of the form to the
party.
D. Distributive Award
Husband and Wife stipulate and agree that, consistent with the provisions
set forth in Article III, Section F (I) below, which is incorporated herein
by reference, if the parties real property is not sold. then in order to effect
an equal and equitable distribution of marital property, it is necessary for
Husband to pay to Wife a lump sum distributive award ofS85.000 (eighty-
five thousand dollars), such sum representing the amount the parties
stipulate represents Wife's portion of the marital interest in the marital real
property, which consists of a residence and lot located at 15633 Wynford
Hall Street, Huntersville, Mecklenburg County, North Carolina 28078.
which is titled in both parties' names. In the event the real property is not
sold, then Husband shall pay to Wife the distr ibutive award of $85,000
(eighty-five thousand dollars), on or before November IS, 2009.
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E. Health Insurance
The panies agree that, as pan of the distributive award from Husband to
Wife, and as part of the equitable settlement of their property, Husband shall
continue to provide medical and dental insurance for Wife throughout the
period of the separation of the parties. In the event that any pan of the
current insurance coverage is cancelled, rescinded, or substantially modified
in any way, Husband shall immediately notify Wife and Husband shall
immediately procure and maintain substantially similar other medical and
dental insurance coverage for Wife and provide documentary proof of the
same to Wife. Husband shall be responsible for paying all of Wife's health
insurance premiums, including medical and dental, throughout the period of
the separation of the parties. Wife shall be responsible for all of her co-
payments and for all of her uninsured expenses through the period of the
separation of the pimies and Husband shall beresponsible for all of his co-
payments and for all of hi s uninsured expenses throughout the period of the
separation of the parties. In the event that the parties obtain an absolute
divorce, Husband shall provide to Wife all information necessary for Wife to
obtain a COBRA extension or tbe policies prior to the absolute divorce.
F. Real Property
1. 15633 Wynford Hall Street. Huntersville. North Carolina
The parties are owners as tenants by the entireties of certain real property
consisting of a residence and lot located at 15633 Wynford Hall Street,
Huntersville, Mecklenburg County, North Carolina 28078, which is titled
in both parties' names .
The parties stipulate that they this real property in 2002 at a
purchase price of approximately $245,000. The parties stipulate that there
is a deed of trust encumbering the property which mortgage/deed of trust is
in the names of Husband and Wife jointly. The parties stipulate that a
mortgage/deed of trust in favor of 88&T (#6612643820) currently
encumbers (he' property and the current outstanding mortgage balance is
approximately $195,000. The parties stipulate that there are no second
mortgages or lines of equity encumbering the property as of the date of the
parties' separation.
Husband expressly agrees that he wi ll not encumber the real property any
in any way so long as the real property .is jointly owned by Husband and
Wife. Wife expressly agrees that she will nOl encumber the real property
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t5
in any way so long as the real property is jointly owned by Husband and
Wife.
The parties agree that they shall place said real property on the real estate
market for sale on or about July I, 2009 and that they shall sell the real
property for the highest practicable price at the earliest possible time.
Each party shall fully cooperate with one another to effecrnate the sale and
in readying the real property for market.
The parties agree that no capital improvement expenses for said real
property shall be incurred without the consent of each party and that the
cost of any mutually agreed to capital improvement shall be equally
divided between the parties.
Wife is a licensed real estate broker with access to multiple listing
services. The parties expressly agree that Wife shall serve as the realtor
for the sale and marketing of the parties' real property. The parties agree
that Wife, shall receive no sales commission for the sale of the parties' real
property. The parties agree that any and all sales fees required by the real
estate company "'ith which Wife is then associated shall be paid out of the
proceeds. Should Wife for any reason elect not to serve as listing agent
for the real property or be unable to do so, then, at Wife's election, each
party shall thereupon sign a listing agreement for sale of the real property
with the realtor selected by Wife, which Iisiing agreement shall specifY
that the property be listed on the multiple listing service for the Charlotte
area.
In the event that the parties cannot agree as to the sale price of the real
property, then the parties agree that Husband shall allow Wife to set the
initial and all subsequent sale prices in deference to Wife's expertise as a
real estate professional. Unless the parties mutually agree otherwise, the
parties shall then be obligated to accept any valid offer for purchase, which
meets or exceeds the asking price at the time the offer is made.
At such time as the said real property is sold, the net proceeds, (defined as
gross sales price less mortgages and valid liens, pro-rated ad valorem
taXes, revenue stamps, brokerage/realtor commissions, closing costs. and
all other necessary selling costs) shall be divided by the parties as follows:
Wife shall receive sixty percent (60%) of the net proceeds and Husband
shall receive forty percent (40"10) of the net proceeds.
This Agreement shall constitute specific authority for the closing agent
upon the sale of the real property as hereinabove set forth 10 distribute the
net sale proceeds as specified herein.
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Unless the panies mutually agree otherwise , if the real property has not
sold by October 1, 2009, then Husband shall purchase the interest of Wife
in said real property and Husband shall thereafter have the exclusive use
and possession of the real property.
In order for Husband to purchase Wife's interest in the real property,
Husband shall first refinance the real property in his name only and shall
present written proof of the same to Wife by November 15, 2009, unless
the parties mutually agree otherwise.
At the time when Wife is provided proof that she is no longer named as an
obligor for any mortgages or lines of equity associated with the real
property, then Wife shall convey all of her ri ght, title and interest in the
real property to Husband and Husband shall bear the costs of the
preparation and filing of the conveyance documents. In consideration of
the conveyance, on the date the real property is conveyed, which date shall
be on or before November 15, 2009 unless the parties mutually agree
otherwise, Husband shall pay to Wife the sum of $85,000 (eighty-five
thousand doBars).
Husband hereby assumes and agrees to pay the indebtedness owed upon
said real propeny, including principal, interest, taxes, and insurance and
agrees to indemnify and hold Wife harmless in connection therewi th.
Husband agrees to be, and the parties stipulate that Husband is responsible
for, any and all expenses attributable to said real property, including but
not limited to, mortgage payments, homeowners' insurance, property
taxes, other liens and encumbrances, maintenance and upkeep expenses,
repair expenses, capital improvement costs, all utility payments, landscape
and yard maintenance costs and any other costs associated with said real
property. Husband agrees to indemnify and hold Wife harmless in
connection with any and all expenses attributable to said real property.
Husband shall be responsible for maintaining the real property in good
repair.
Each of the panies agrees to execUle any and all documents necessary to
effectuate the provisions of Ihis seclion.
2. Fabriksgatan 19,54432 HiD. Sweden
Wife has an ownership interest in real property consisting of land and a
house located at Fabriksgatan 19, 544 32 Hjo, Sweden, which is titled
jointly in Wife's name and the names of her four siblings, to wit, Anneli E.
Zinser, Ulf A. Nilsson, Eva T. Nilsson-Smith. and Mari a V. Malzkin.
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Husband and Wife expressly acknowledge that Wife's ownership interest
in the Fabriksgatan 19 real property is and shall remain her sole and
exclusive separate property. The parties expressly acknowledge that
Wife's ownership interest in said real property was a separate gifi to Wife
from Wife's father acquired by Wife as her separate property during the
marriage of the part ies. Husband expressly acknowledges that Wife' s
ownership interest in said real property is Wife's separate property.
Husband does hereby wai ve, release, discharge, quitclaim, and renounce
unto Wife, her heirs, and assigns, all and every right, title, and interest he
may have had in the Fabri ksgatan 19 real property.
3, Agreement to Execute Document.
Each of the parties agrees to execute any and all documents necessary to
effectuate the provisions of this section concerning real property interests,
4, Alilboritv for l o ~ i n g Agenl
This Agreement shall constitute specific authority for a closing agent upon
purchase of any real property by either party subsequent to the execution
of this Agreement to deal with said party as fully and in all respects as if
he or she were unmarried. Each parry expressly waives any right he or
she may have now or hereafter to any real property acquired by the other
party separately or jointly with third parties.
5. General Waivers
Each of the parties hereby waives, releases and relinquishes unto the other
any and all right, title, and interest in the respective real property
hereinabove allotted to the other and to any and all other real property,
whenever acquired, titled in the name of one party only or one party and a
third party or parties, Hereafier, neither party shall make any cl aim against
the other inconsistent with this Agreement for any real property in the
possession or under the control of the other.
G. Mutual Waiver of Business Interests and Litens and Indemnifications
Each party does hereby waive, release and relinquish unto the other, all of his or
her right title, and interest in any business in which the other is a named owner, or
otherwise has an economic or legal or other interest. including, but not limited to,
for any such business in which the other is a named owner, has a right to or
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interest in rental income, accounts receivable. equipment. bank
goodwill , trade name, and other assets, whether tangible or intangible, which are
used in connection with the business, same to apply to any and all successor
businesses in which one party may acquire an interest, through, but not limited to,
the sale, merger, acquisition, or other event involving a present business interest
of a party and each party shall have the exclusive right to dispose of his or her
business interest.
This mutual waiver includes, but is not limited tOt Wife's waiver of all of
Husband's interest in Elite Project Management, the same to apply to any and all
successor businesses in which Husband may acquire an interest.
Husband hereby assumes and agrees to pay all indebtedness owed in connection
wilh his currently defunct business, Elite Project Management, including, btl( not
limited to the indebtedness owed for sales taxes, inventory taxes, intangible taxes,
income tax and employee related taxes and penalties, whether known or unknown
at the present time, and to hold Wife harmless in connection therewith. Husband
specifically agrees to pay and be responsi ble for any and all liabilities associated
with or alleged by any party or entity 10 be associated wilh Elite Project
Management, or any other of Husband's businesses, known or unknown, which
may arise as a result of the operation of the business, whether now or in the past.
Husband agrees to indemnify and hold Wife harmless in connection with any and
all such indebtedness andlor liabilities. This indemnification includes any coun
costs or legal fees that Wife may incur as the result of defending a claim, which
properly should be the responsibility of Husband.
This mutual waiver includes, but is not limited to, Husband's waiver of all of
Wife's interest in her North Carolina Realtor License. the same to apply to any
and all successor licenses in which Wife may acquire an interest.
H. Debts aDd Liabilities
The panies agree that each of Ihe parties hereby accepts responsibility for and
agrees to pay tnose debts tnat he or she individually incurred prior to the date of
this Agreemenl. Each of the parties shall indemnify and hold the other harmless
in connection with the payment of those debts for which he or she is individually
responsible. Further, each party agrees that neilher pany shall charge, or cause or
permit to be charged, any purchase for which the other may be liable. Neither
pany shall create any obligations in the name of or against the other, nor secure or
attempt to secure any credit upon or in connection witn the other, or in the other' s
name. Each pany does hereby agree to indemnify Ihe other against .11 debts and
other obligations which he or she may incur or which he or she is assigned
pursuant to Ihis Agreement.
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Further, the panies hereby confinn that there are no outstanding balances owed on
any j oint charge accounts, credit cards or other unsecured loans/lines of credit in
the parties' joint names. Each charge account, credit card, or unsecured loan/line
of credit currently in the parties' joint names shall be closed immediately, and any
balance thereon shall be the sole responsibility of the party who incurred the debt,
and no funher charges shall be made by either party on any joint account.
Husband assumes and agrees 10 pay all credit card andlor loan balances for any
and all credit cards andlor loans titled in his name or for which he is an authorized
user. Husband expressly stipulates that he is and shall be responsible for Ihe
following credit cards andlor loan debt, litled in his name as of the date of the
signing of this Agreement, as set forth herein below:
Card Name: Capi ta! One
Account Number: xxx8735
Card Name: Wachovia Platinum Visa
Account Number: "",,8660
Car Name: American Express
Account Number: xxxOlO08
Card Name: Discover
Account Number: x)(x0849
Card Name: M & T
Account Number: xxx5611
Loan/Card Name: OE Money Bank debt financing through HH Gregg for a
television purchased by Husband
Furrher, Husband expressly warrants to Wife that Wife is not responsible for any
credit card liabilities or debts in which Husband is named as a responsible party or
co-responsible parry or for which Husband is otherwise a responsible party. This
warranty includes, but is not limited to, any credit cards that are in or were in
Husband's possession or for which he is or was an authorized user at the time of
the separation of the parties through the date of the execution of this Agreement.
Husband expfessly warrants to Wife that he assumes all responsibility for all such
debt or alleged debt and agrees to indemnifY and hold Wife harmless in
connection therewith, Both parties stipulate that this warranty is material to this
Agreement.
Wife warrants that she has paid off all balances due on any credit cards solely in
her name as of the date of the parties' separation. In May 2009, just prior to the
execution of this Agreement, Wife opened a credi t card in her name, solely, with
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Simmons First with a credit limit of $4000. Wife expressly warrants to Husband
that she assumes and agrees to pay all credit card andlor loan balances for any and
all credit cards andlor loans titled solely in her name as of the date of the signing
of this Agreement. Wife expressly stipulates that she has paid off all credit card
debt that is solely in her name and closed all credit card accounts that are solely in
her name as of the date of the signing of this Agneement except for the new
Simmons First credit card for which she applied and which she received in May
2009, just prior to the execution of this Agreement. Wife expressly warrants to
Husband that she assumes all responsibility for all debt or alleged debt that is
solely in her name and agrees to indemnify and hold Husband harmless in
connection therewith. Both parties stipulate that this warranty is material to this
Agreement.
Each party shall hold the other harmless from any liability of whatever nature
arising in any way out of his or her use, o'Wnership, purchase, or
operation of any motor vehicle. Each party shall secure and maintain his or her
own vehicle insurance for any vehicles he or she drives and each party shall be
solely responsible for paying his or her own insurance premiums.
Wife agrees to open no accounts for which Husband is an obligor.
Husband agrees to open no accounts for which Wife is an obligor.
The parties agree that neither shall incur any debt nor make any contract for which
the other or the other's estate may be liable, except as otherwise specifically
provided herein.
Wife represents and to Husbood tlult she has not incurred any debts nor
made any contracts for which Husband or his estate may be liable.
Husband represents and warrants to Wife that he has not incurred any debts nor
made any contracts for which Wife or her estate may be liable.
From and after the date hereof, and except as otherwise herein provided, neither of
the parties shall be responsible for the debts of the other party; and, to the extent
that one party is held liable for such indebtedness by third persons, the other party
shall indemnifY and hold harmless the party held liable.
This indemnification includes any court costs or legal fees that one party may
incur as the result of defending a claim, which properly should be the
responsibility of the other party.
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I. Waiver of CI.im. to Equitable Di.tributkm
It is agreed by both panies that they are aware of the passage of laws by the Nonh
Carolina legislature entitled "An Act for Equitable Distribution of Marital
Propeny." Each pany, for herself and himself, their heirs, executors, assigns, and
person.1 represent.tives or any other person or entity claiming under or through
said panies does hereby waive, renounce, and relinquish all of their rights. if any,
wh.tsoever, except as stated herein, under the provisions of NCGS 50-20 et seq.
whether said rights are now in existence or may, hereafter, be acquired.
This propeny settlement as provided herein is the act of Husband and Wife of
equitably dividing thei r marital property as provided under NCGS Section 50-
20( \I). releases the other from any fIInher claim, which could or might
arise in favor of either under NCGS Section 50-20 or any other state or federal
law involving division ofpropeny acquired during the marriage.
As a result of this Agreement, Husband and Wife wai ve and release their right to
petition for an equitable distribution of marital and di visible property.
Husband and Wife expressly acknowledge and agree, pursuant to Nonh Carolina
General Statute 50-20 et seq., that the division and distribution of all marital and
divisible property set fonh herein is just, fair, and reasonable, is deemed by the
panies to he equitable, and that this Agreement shall be binding on the panies, on
their heirs and their assigns. Each pany expressly waives any and all claims or
rights to equitable distribution of any divisible property, pursuant to North
Carolina General Statute 50-20(b) et seq. The agreement as herein contained
represents the binding agreement of the parties as to the mutually satisfactory
equitable division of their property. Each party expressly waives any and all other
rights, whether now in existence or acquired hereafter, to clai m an equitable
distribution under the laws of his or any other state and agrees that this provision
and this Contract of Separation and Propeny Settlement Agreement may be
pleaded in bar of any such claim for relief in any suit filed hereafter.
Unless otherwise specifically provided herein, each party does hereby release,
relinqui sh, and quitclaim unto the other any properties titled to the other in their
individual names.
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ARTICLE IV. TAX CONSEOUENCES
A. Tax Returns
In the event Husband and Wife mutually agree to file joint tederat and state tax
returns for calendar year 2009. or for any other year in which Husband and Wife
mutually agree to file joint returns, then each shall pay his or her respective
proportionate share of the tax due determined in reference to each party's taxable
income for the tax year for which they are filing. The parties agree to consult a
mutually-agreed upon accountant for each year in which they may be eligible to
file joint federal and state tax returns.
B. Deficiencies and Refunds
In the event of any assessment of a deficiency in any income tax on for any year
during the marriage of the parties and/or during the separation of the parties for
which a joint return is or has been filed, the parties agree that the party owing the
tax or being assessed the penalty shall pay any deficiency due, together with the
penal ti es and interest, if any, on such assessment and will indemnifY and hold
harmless the other party from any and all liability or expense with respect thereto.
If the parties cannot agree as to which party owes the tax or which party is being
assessed the penalty, or how otherwise to apportion the penalty or deficiency due,
then the parties agree to consult a mutually-agreed upon certified public
accountant or taX attorney to review the tax documents in dispute and make a
determination by which the parties agree to abide. The costs of the services ofthe
mutually-agreed upon certified public accountant or tax attorney to review the tax
documents in dispute and make a determination shall be borne equally by the
parties. If the parties cannot mutually agree on a certified public accountant or tax
attorney to review the documents in dispute and make a detemlination, then Wife
shall select a certified public accountant or tax attorney to review the tax
documents in dispute and make a determination by which the parties agree to
abide and Wife shall bear the costs of the services of the certified public
accountant or tax attorney she has hired.
In the event any refund is due on any joint return, such refund shall be divided
between the parties with the party recei ving the amount of the refund that equals
such party's overpayment of his or her proportionate share of the tax due. tf the
parties cannot agree as to how to divide the refund, then the parties agree to
consult a mutuallyagreed upon certified public accountant or tax attorney to
review the tax documents in dispute and make a determination by which the
parties agree to abide. The costs of the services of the mutually-agreed upon
certified public accountant or tax altorney to review the tax documents in dispute
and make a determination shall be borne equally by the parties. If the parties
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cannot mutually agree On a certified public accountant or tax attorney to review
the documents in dispute and make a detennination, then Wife shall select a
certified public accountant or tax attorney to review the tax documents in dispute
and make a detennination by which the parties agree to abide and Wife shall bear
the costs of the services of the certified public accountant or tax atiomey whom
she has hired.
Should either party receive a refund as a result of filing separately, that pany shall
be distributed the refund as his or her sole and separate propeny.
C. Enforcement of Obligations
[t shall be each party's responsibility to report all income (or other taxable
consequences) in a manner consistent with the terms of this Agreement. [n the
event that either party reports income (or lreats the division of propenyl in a
manner inconsistent with the tenns of this Agreement, that party shall indemnify
the other party for anorney's fees, accountant's fees, and costs of litigation in
defending said position against the other party or taxing authorities. In addi tion,
each party shall indemnify the other tor taxes, interest. penalties, and other
assessments arising as a result of the reporting of income (or lreating of the
division of propenyl in a manner inconsistent With the tenns of this Agreement.
This Provision shall apply to all fonns of tax returns required by any
governmental agency.
Further, each party shall hold the other party harmless on his of her portion of the
obligations defined herein and shall reimburse the other pany for all damages and
costs incurred as a result of his or her failure to abide by the tenns of this section
relating to taxalion, including reasonable attorney's fees, COStS, and accountant's
fees, whether incurred in defending an action by the taxing authorities or in
enforcing the tenns of this provision.
D. Section 1041 Election: Tax Treatment of Exchanged Propertv
The parties acknowledge that the transfer of properties between them is to
accomplish an equitable distribution of marital property and is incident to a
divorce and is related to the cessation of the marriage as defined in Section 1041
of the Intemal Revenue Code as amended. Funher, the parties agree that the intent
and ptupOSe of this Agreement is for the transfers of propeny under the "Property
Settlement" ponion of this Agreement to be tax free pursuant to Section 1041 of
the Internal Revenue Code and the applicable provisions for North Carolina law.
To the extent that an election is required by the parties under Secti on 1041 of the
[ntemal Revenue Code as amended by the Tax Refonn Act of 1984, and the
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applicable provIsIOns of Nonh Carolina law, the panies hereby make such
election to have no gain or loss recognized on the properties transferred between
them.
Both parties acknowledge that counsel for Wife, Mary Alice Dixon, is not a
certified public accountant or an expen in the area of taxation and that no
representation as to tax ramifications as a result of the terms of this Agreement
has been made by Mary Alice Dixon.
The parties acknowledge that each has been advised to obtain tax counseling from
a tax specialist regarding the tax consequences of the property transactions
pursuant to this Agreement. The panies agree that the transfer of propeny
hereunder is related to the divorce, that the transfer of propeny is a transfer
incident to a divorce and is related to the cessation of the marriage, that the intent
and purpose of this Agreement is for the transfer of property hereunder to be tax-
free pursuant to the relevant provisions of the Internal Revenue Code and the
applicable provisions of Nonh Carolina law and for no gain or loss to be
recognized by either party as a result of such transfer. The parties agree that they
will file a fonnal election if necessary or otherwise take such actions as may be
required by applicable provisions of the state or federal income tax law and
regulations to give full force and effect to the aforesaid intent and purpose.
ARTICLE V. WAIVER OF POSTSEPARATION SUPPORT AND ALIMONY
Each of the parties does hereby waive, release, and relinquish any and all
rights, whether past, present, or future, which either of them may have against the other to
receive permanent alimony, post-separat ion suppon, or any other spousal suppon from
the other and all other claims for spousal suppon and maintenance that the parties may
have by reason of the marriage. In the event a suit for divorce should be instituted by
either of the plll1ies, the pllrties agree that the nonilllititllting pllrty will not in Wly such suit
make any demand for or otherwise ask for and will not accept or receive, any monies or
things of value in the nature of post-separation support or alimony. The parties waive and
release any and all rights against the other in this regard and the panies acknowledge that
this release and waiver is independent of any other provision of this Agreement.
ARTICLE VI. WAIVER OF LIABILITY FOR NECESSARIES
Each party hereio warrants to the other that he or she shall not seek tiom
the other contribution for the payment of expenses for necessaries that he or she may
incur after the execution of this Agreement. Each party hereby warrants that he or she
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shall not hold himself or herself out as married when third panies provide him or her
necessaries. Further, each pany will endeavor to provide actual notice to any third party
who provides necessaries to him or her over the amount oftive hundred dollars ($500.00)
that he or she is legally separated from the other pany and that said provider should have
nO expectation of compensatiM Or reimbursement from the other party by virtue of the
parties' marriage. Each party agrees to indemnifY. defend and hold the other harmless
from and against third party creditors who seek compensation from him or her under the
doctrine of necessaries for any obligation incurred aftcr the parties' date of separation
under the present and future laws of any jurisdiction.
ARTICLE VII. RELEASE AS TO THIRD PARTIES
Wife. by signing this Agreement, agrees that she waives and releases any
claims she has or may have against any person or persons under the law of any state for
alienation of affection, for criminal conversation, or any other type of action allowed as a
result' of the relationship of Husband and any third person. Any thi rd person against
whom an action is brought by Wife for alienation of affection. or for criminal
conversation, or for any other reason as a result of the relationship of Husband and that
third party may plead this Agreement as a third party beneficiary as a plea in bar 10 any
claim Wife has or thinks she has. It is acknowledged that a part of the consideration of
this Agreement is this release and waiver.
Husband, by signing this Agreement, agrees that he waives and releases
any claims he has or may have against any person or persons under the law of any state
for alienation of affection, for criminal conversation, or any other type of action allowed
as a result of the relationship of Wife and any third person. Any third person against
whom an action is brought by Husband for alienation of affection, or for criminal
conversation, or for any other reason as a result of the relationship of Wife and that third
pany may plead this Agreement as a third party beneficiary as a plea in bar to any claim
Husband has or thinks she has. It is acknowledged that a part of the consideration of this
Agreement is this release and waiver.
ARTICLE VIII. PROVISIONS REGARDING THE NATURE AND EFFECT OF
THIS AGREEMENT
A. Reconciliation and Resumption of Marital Relations
In the evenl that the panies hereafter reconcile and resume their marital relations
within the meaning of North Carolina General Statute Section 52-10.2. then all of
the provisions ofthis Agreement with respect to the division of the property of the
panies shall nevenheless remain in full force and effect unless the parties modifY
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the tenns of their property settlement by a writing signed with the same fonnality
as this Agreement and signed after the date of their reconciliation and resumption
of marital relations. All property distributed pursuant to this Agreement shall
henceforth constitute "separate property" as that leon is defined in NCGS 50-
20(b)(2). Any increases or decreases in the value of this separate property,
whether active or passive, shal l also be considered separate property.
B. Husband's Release of Propertv and Inheritance Rigbt.
Husband does hereby waive, release, discharge, quitclaim and renounce unto Wife
and her heirs and assigns (a) all and every right to take a statutory share or
distribute share in the estate of Wife upon her death; (b) all and every right to
elect to take a life estate in real property upon the death of Wife in lieu of the
share provided in North Carolina General Statute 29-14, as provided in North
Carolina General Statute 29-30, or otherwise, now and hereafter by law provided;
(c) all and every right to dissent from the Will of Wife upon her death as provided
in North Carolina General SlatUle 301 or otherwise, now and hereafter by law
provided; (d) all and every right to a year's allowance upon the death of Wife as
provided by North Carolina Geneml Statute 30-15 or otherwise, now and hereafter
by law provided; (e) all and every right to administer upon the estate of Wife upon
her death as provided in North Carolina General StatUle 28A-4-l or otherwise,
now and hereafter by law provided; and (f) all other rights or interests in property,
both real and personal, which Husband now has or may hereafter acquire arising
out of or accruing to Husband by reason of the death of Wife, testate or intestate,
and Husband covenants and agrees well and truly to perfonn and abide by this
Agreement.
The above paragraph shan not be construed to prevent the effective transfer by
Wife to Husband by inter vivos gift or by devise or bequest of any of her real or
personal property, nor to prevent Husband from serving as Executor of Wife's
estate, should she so appoint him by her Will.
C. Wife's Release of Property .nd Inheritance Rights
Wife does hereby waive, release, discharge, quitclaim and renounce unto Husband
and his heirs and assigns, (al all and every right to take a statutory share or
distribute share in the estate of Husband upon his death; (b) all and every right to
elect to take a life estate in real estate upon the death of Husband in lieu of the
share provided in North Carolina General Statute 29-14. as provided iIi North
Carolina General Statute 29-30 or otherwise, now and hereafter by law provided;
(c) all and every right to dissent from the Will of Husband upon his death as
26
(Page 28 of 35)
27
provided by North Carolina General Statute 30-11 or otherwise, now .nd hereafter
by law provided; (d) all and every right to a year's allowance upon the death of
Husband as provided by North Carolina General Statute 28A-4- J or otherwise,
now and hereafter by law provided; and (f) all other rights or interest in property,
both real and personal, which Wife now has or may hereafter atquite arising out
of or accruing to Wife by reason of the death of Husband, testate or intestate; and
Wife coven.nts and agrees, well and truly, to perform and abide by this
Agreement.
The above paragraph shall not be construed to prevent the effective transfer by
Husband to Wife by inter vivos gift or by devise or bequest of any of his real or
personal property, nor to prevent Wife from serving as Executrix of Husband's
estate, should he so appoint her by his Will.
D. Mutual Rights to Coovey Property Without Joinder of Other
Each of the parties hereto may henceforth purchase, acquire, own, hold, possess,
and receive rentals and other income from property of every kind. nature and
description. and each may sell, convey, transfer, dispose of. assign, and mortgage
or otherwise encumber all property, whether real or personal, presently owned or
hereafter acquired by such party, and execute deeds, bill of sale, deeds of trust and
any and all other such documents wi thout the consent or joinder of the other in as
full a manner as if they were unmarried.
E. Non-Incorporation in Divorce Decree
In the event that a divorce is decreed at any time in any action or proceeding
between the panies hereto, the parties mutually agree that this A!,'Teement shall
not be incorporated in the divorce decree,
The pleading of the existence of this Agreement or the introduction of this
Agreement (or a copy thereof) into evidence in any legal proceeding for the
purpose of barring any claim inconsistent ~ t h the provisions of this Agreement or
in any proceeding for the enforcement of this Agreement or an action for the
breach of this Agreement, shall not constitute a submission of this for the court' s
approval nor shall such actions constitute a waiver of the provisions of this
Agreement nor shall such actions make the agreements of the parties modifiable.
This Agreement shall not lose its effectiveness if a court should subsequently
enforce this Agreement or order a party to specifically perform some obligation
hereunder. On the contrar)" this Agreement shall remain in full force and effect at
27
(Page 29 of 35)
28
all times and shall continue to operate as a bar to any claim which is inconsistent
with t ~ provisions of this Agreement.
F. Modification oHhi. Instrument
This instrument contains the entire agreement of the parties. Any modilication of
this instrument or waiveiof any of its provisions shall be effective only if made in
writing and executed with the same formality as this Agreement.
Any failure of either party to specifically perform or to enforce performance
exactly according to the letter of this Agreement shall not constitute an alteration
of the same by way of enlargement, waiver, reduction, estoppel, or otherwise,
unless confirmed in writing by the parties. It is understood that the parties may.
by mutual agreement. make temporary modification from time to time as
conditions require. but this Agreement shall nonetheless be binding upon the
parties as written. except in the event of a material breach.
G. Binding Effect
Except as otherwise provided herein. all the provisions of this Agreement shall be
binding upon the heirs. next of kin. executors and administrators of each party.
H. Entire Agreemeot
Except as otherwise expressly set forth herein. this Agreement constitutes a final
settlement of all rights and claims arising out of the marriage of the arties. This
Agreement contains the emire understanding of the panies amI there are no
representations, warranties. covenants or undertakings other than those expressly
set forth herein and the same constirutes a merger or integration of the Contract of
Separation and Post-Separation and Alimony and Property Settlement Agreement
of the parties.
I. Voluntary Execution
the provisions of this Agreement and their legal effect have been fully studied by
each party and each party acknowledges that this Agreement is fair and equitable.
that it is being entered into voluntarily. that it is not the result of duress or undue
28
(Page 30 of 35)
29
influence and that each part)' believes that both parties are capable of perfonning
each and every obligation imposed upon them by this Agreement. Each party
acknowledges that they have carefully read and thoroughly understand this
Agreement and that the provisions of this Agreement are fair, adequate, and
satisfactory to each of them,
J. Partial Invalidity and Severability
It is expressly understood ard agreed that in the event anyone or more of the
provisions of this Agreement is held to be invalid or unenforceable by any Coun
of competent jurisdiction. such decision shall not affect the validity of the
remaining part, Such remaining part shall nevenheless continue in full force and
effect as if the remaining part had been executed without the invalid part, and.
except as to such invalid or unenforceable provision, this Agreement shall be and
remain in full force and effect.
K. Execution of Documents
The parties hereto agree to execute all documents reasonably necessary to
effectuate the provisions of this Agreement.
L. Governing Law and Consent to Jurisdiction in North Carolina
This Agreement has been drafted ard executed in Nonh Carolina, This
Agreement shall be governed by and interpreted and construed in accordance
with the laws of the State ofNonh Carolina. both substantively and with respect
to construction of Ihis Each party consents to
jurisdiction of the State of North Carolina in the event of any dispute or question
regarding the interpretation. validity, making, and perfonnance of this
Agreement.
M. Recording
The parties agree that this Agreement may be recorded at the request of either
party. In addition, each pany shal l, al the request of the other party, execute ard
deliver to the other duly acknowledged and in recordable fonn a Memorandum of
Agreement or any other document not inconsistent with this Agreement and
29
(Page 31 of 35)
30
evidencing the right of each party to deal freely with property without joinder of
the other party or evidencing any other similar right which would have been a
maUer of public record had this Agreement been recorded.
N. Effects of Title Captions and Number
The titles or captions given to the sections in this Agreement have been utilized
solely for the purposes of convenience; in no event shall any such title or caption
define, limit, extend, or describe the scope of this Agreement or any of its
provisions.
For all purposeS of this Agreement, unless the context expressly or by necessarY
implication indicates otherwise, a pronoun in either gender indicates the other
gender, the singular shall be deemed to include the plural, and the plural shall be
deemed to include the singular, the adjective "any" means one or more or all, and
the conjunction i'or'- means both Hand" and o r ' ~ .
0, Drafting Presumption
The parties expressly agree that no provIsion of this Agreement shall be
interpreted for or against any party because that party's legal representative or
agent drafted the Agreement or a particular provision of the Agreement and the
panies hereby waive all claims or defenses which they may have regarding
interpretation of documents based upon who drafted the same.
P. Non-Waiver
The failure of either of the parties to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver of any subsequent
default of the same or similar nature; nor shall it affect the parties' rights to claim
strict performance of any other portion of this Agreement.
Q. Sole. Exclusive. and Entire Agreement
This Agreement sets forth the entire agreement between the parties with regard to
its subject matters. All prior and contemporaneous conversations, negotiations,
agreements, coYenants, representations altd ... rlllTanties (express and implied), oral
30
(Page 32 of 35)
31
and written, with respect to the subject matter hereof, are waived, merged herein.
and superseded by this Agreement.
No other agreements, covenants, representations or warranties, express Or implied,
oral or y.Tltten, have been made by either party or any other person to the other
party with respect to the subject matters of this Agreement. With regard to the
subject matters of this Agreement, neither party shall have any obligations or
liability to the other or in respect to any other third person or other entity, Wlless
and then, only to the extent that such obligation or liability is expressly stated in
this Agreement.
This Agreement may not be modified, altered, or amended except as provided in
Article VIII (F) above.
R. Mandato,,' Mediation
In the event of any dispute concerning this Agreement, then the parties agree to
undertake pri vate mediation and to work together in good faith in mediation to
resolve matters prior to instituting any litigation.
The parties agree that such mediation is mandatory and shall take place in
Mecklenburg County, North Carolina, unless the parties mutually agree otherwise.
The parties shall share equally the cost of mediation.
S, Specific Performance
In the event the parties are unable to resolve any dispute concerning this
Agreement after having participated in mediation, then either party shall have the
right 10 compel lhe perfonnance oflhe provisions of this Agreement by suing for
specific performance in the courts where jurisdiction of the parties and subject
matter exists.
Both parties acknowledge that neither party has a plain, speedy or adequate legal
remedy to compel compl iance with the provisions of this Agreement, that neither
party shall be required to repeatedly file suit for any breach of this Agreement,
that this Agreement is fair and equitable to both parties and that an order of
specific performance enforceable by contempt is an appropriate remedy tor a
breach by either party.
31
(Page 33 of 35)
32
T. Attorney Fe.s Upon Breach
In the event it becomes necessal)' to institute legal action to enforce compliance
with the terms of this Agreentent. te) interpret this Agreement, or by reason of the
breach by either party of this Agreement, then the parties agree that at the
conclusion of such legal proceeding the breaching party shall be solely responsible
for al l legal fees and costs incurred by the other party, such tees and costs to be
taxed by the court.
The amOWl! so awarded shall be in the sole discretion of the presiding judge and
the award shall be made without regard to the financial ability of either party to
pay, but rather, shall be based upon the fees and expenses determined by the court
to be reasonable and incurred by the prevailing party.
It is the intent of this provision to induce both Husband and Wife to comply fully
with the terms of this Agreement to the end that no litigation as between the
parties is necessOl)' in the areas dealt with by this Agreement.
In the event of litigation, it is the further intent of this provision to specifically
provide that the losing party pays all reasonable fees and costs that either side may
incur.
U. Assignment Prohibited
This Agreement is personal to each of the parties hereto, and neither party may
assign nor delegate any of her or his rights or obligations.
V. Counterparts
This Agreement shall be executed in two (2) counterparts, each of which shall be
deemed a duplicate original instrument, but all of which together shall constitute
one and the same instrument, so long as each dupl icate original is signed by both
panies and each signature is notarized.
It shall not be necessal)' in making proof of this Agreement to produce or account
for more than one such counterpart.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands
32
(Page 34 of 35)
33
and seals in duplicate originals, one of which is retained by Husband and one of which is
retained by Wife, to this Contract of Separation and Post-Separation Support and
Alimony and Property Settlement Agreemem, effective the day and year first above
\\Iyinen.
(SEAL)
DANGEL KLEMACK
"
I SA OHANNA NILSS8'ON KLEMACK
NORTH CAROLINA
COUNTY OF Gr ,fA
I. OPal. '.fiJ "t1Dvi if l , a Nota.ry Public for said County and
State, do hereby cert Ify that DONALD ANGEL KLEMACK, either being personall y known to me
or proven by satisfactory evidence, personally appeared before me this day and acknowledged the voluntary
due execution of the foregoing instrument by hi m for the purposes therein .
"" .. -;-;;;:. Witness my hand and Notarial stamp or seal. Ihis
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COUNTY OF
t, eeL He :Aa. , a Notary Publ icforsaid County and
State, do hereby certify t t ASA JOHANNA NILSS$ON KLEMACK. either being personally
known to me or proven by satisfactory evidence, personally appeared before me this day and acknowledged
the voluntary due execution of the foregoing inst rument by her for the purposes stated therei;-(
Witness my hand and Notarial stamp or seal, this rrrf'. day of... u.-.J
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(Page 35 of 35)
J. DAVID GRANBERRY
CHARLOTTE, NC 28202
* , ..... ........ ** .................. * "' ...... . . . . . ......... .... --.......... ... . ........... . . ............... . . . . .... .
Filed For Registration: 07/14/200911 :37:33 AM
Book: RE 24921 Pig.: 2155
Cocumenl No.: 2 9 9 9 S 2 ~
SEPIA 35 PGS $113.00
Recorder: KAMIL COOPER
1111111111111111111111111111 111111111111
2009099623
Mecklenburg County
SUTTON
(Page 1 of 18)
,.uw J. UAV1U
0' DEEDS
I'I;:CIt:LENBURG
20Q9 I'IAR 3' G2 : S6 53 PI'I
PG : 309- 326 FEE $62 . 00
)15 : $2500
INSTRUr.ENT , 2009043648
AGREEMENT TO SEPARATE AS HUSBAND AND WIFE
This agreement " Agreement" entered between Bruce David Sutton" Husband" residing at
I 0311 TOWle Drive, city of Charlotte, stale of NOM Carolina. zip code I8lli.
and Deborah Ann McDougall "Wife" residing at " residing at 103 t I TorrelIe Drive, city
of Charlotte, state of North Carolin;!, zip code 28277.
on the 14day of March. 2009.
WHEREAS, Husband and Wife were married in the COlUlty of Howard County, city of
Ellicott City, state of Maryland on the day of September 1998;
WHEREAS, the following children were born or adopted to the marriage:
1. Sara Grnce Sutton, born JWle 20. 2000
2. Arthur Randall Sutton, born l lUle 20, 2000
WHEREAS, Husband and Wife with their minor children lived at 10311 Torrelle Drive,
city of Charlotte, state of NOM Carolin;!, zip code 28277 during the marriage;
WHEREAS, Husband and Wife have determined that the bonds of matrimony are
irretrievably broken due to irreconcilable differences and they have mutually decided to
separate;
WHEREAS, Husband and Wife desire to settle their property, financial matters, support,
and child custody issues;
WHEREAS, Husband and Wife acknowledge that they have entered this Agreement of
their own will and without lUIdue influence or harassment;
THEREFORE, in consideration of the mutua! promises made in this Agreement,
Husband and Wife agree as follows:
I. SEPARATION
Husband and Wife acknowledge that they have separated as of March 13.2009, and wilI
'continue to live stll3l'ate and apart without cohahitation and that each will refrain from
interfering, molesting, or harassing the other while this Agreement is in effect.
D. CUSTODY OF MINOR CHILD(REN)
A. Custodial Responsibility
Drawn By & Mail To :
Deborah Ann Sutton
8209 Greenford Court
Charlo"., NC 28277
(Page 2 of 18)
Husband and Wife agree that they will have joint legal custody and joint physical custody
of the child(ren). A schedule of visitation, including haw holidays and special occasions
will be spent is detailed in Exhibit A of this Agreement. The parties will continue to use
their best efforts to create a residential schedule for the child(ren) on a flexible and
cooperative basis.
B. Major Decision Making R""ponsibiJity
Husband and Wife agree that hath have a desire and responsibility to play an active role
in making the major decisions for the child(ren), as such, Husband and Wife agree that all
major decisions, including but not limited to, education, health care, religion, and
extracurricular activities will be shared equally by Husband and Wife.
C. Daily DecisionMaking Autonomy
Day-to-<lay decisions shall be in the hands of the parent with wbom the child(ren) are
residing at the time. Neither party shali interfere "ith the other on day-to-day decisions.
Each parent shall respect the other's privacy and authority. Neither parent shall interfere
with the parenting slyle of the other parent nor make plans or arrangements that would
infringe upon the other parent's authority or times with the child(ren) without the express
agreement of the other parent.
D. Other Agreements
I. First Option for Child Care
When either parent is unable to provide as regularly scheduled for a period of greater
than a day, the other parent is the first to be offered the option of caring for the child(ren).
If this parent is unable to accommodate, then the parent who is scheduled to care for the
chil4(ren) is resiXlllSible for making a1t=tive iIffiIIlgements.
2. Notification of Change of Schedule
The parents agree to notify each other two weeks in advance, when possible. of changes
in their schedule. When such advance notification is not possible, or either parent is not
able to accommodate the other, then the parent who would normally have the child(ren)
is responsible for making alternate arrangements in the event that he or she cannot be
with the child(ren).
2
(Page 3 of 18)
3. Notification of Parent Location
The parents will provide a contact nwnber whenever they will be away so they may be
contacted in an emergency. The parents agree to notify each other of any changes in
address or phone number.
4. Moving
If either parent moves to a location which will affect the other parent' s ability to see their
child(ren) in the manner described above, the parents will review and renegotiate child
custody and the parenting plan no later than 60 days prior to move.
5. Communication Between Parents
a The parents agree to support the parenting role of the other parent, and to refrain
from making disparaging remarks about the other parenl, either 10 or in the presence of,
the child(ren). The parents agree to refrain from asking the child(ren) to carry hostile
messages to the other parent or asking the child(ren) about the other parent's private life,
and will communicate about all money issues directly to the other parent and through the
child(ren).
b. The parents will respect each other's privacy and will not sbow up at the other
parent's residence at unscheduled times, without advance notice.
III. CHILD SUPPORT
A. Financi.1 Support
Husband and Wife believe they have a moral, ethical, and legal obligation to suppon their
child(ren). After consulting the child support guidelines of the state of North Carolina
they have decided child support will be paid as follows;
Bruce David Sutton and Deborah Ann Sutton will split 50/50, the costs of health
insurance, dental insurance, afterschool, summer camps, extracurricular activities, and
clothing.
In addition, Deborah Ann Sutton will provide medical and dental insurance for the
child(ren). Accordingly. the parties agree that this agreement with respect to child
support is in their child(ren)'s best interest, and that;
(I) They are fully informed of their rights concerning child support.
(2) The order is being agreed to without coercion or duress.
(3) The agreement is in the best interests of their child(ren) specifically because it is
based upon their compromise agreement and avoids the potential rancor within
the child(ren)' s family commonly the result of contested proceedings. The
child(ren) also benefit by the preservation offamily fmancial resources through
the avoidance of costly litigation.
(4) The needs of the child(ren) will be adequately met by the stipulated amount.
3
(Page 4 of 18)
child(ren) also benefit by the preservation of family financial resources through
the avoidance of costly litigation.
(4) The needs of the child(ren) will be adequately met by the stipulated amount.
(5) To enable the parties to evaluate, from time to time, whether any adjustment in
the amount of support is warranted, tlte parties shall, upon reasonable request,
fully disclose and exchange all relevant income records and information including
a current income and expense statement, a copy of their current pay stubs and a
copy of that part of their income tax return from the previous year that shows their
income.
B. Health lnsuran ..
Husband and Wife acknowledge that they have a responsibility to provide health
insurance for their child/children, as such, health insurance will be provided in the
following manner:
Deborah Ann Sutton will carry Sara and Arthur Sutton under her medical and dental
policies and Bruce David Sulton will reimburse for half of the costs.
C. Life Insurance
The minor child(ren) will be named beneficiaries of any life insurance policies issued to
either Hwbarul or Wife, Wlless to do so would violate some existing or law.
IV. SPOUSAL SUPPORT
Husband and Wife agree that spousal support will be handled in the following manner:
The parties understand that, in the absence of this Agreement, one or the other o'
them might be entitled to receive an award of spousal support 'rom the Court, but
that by virtue of this Agreement, they will each give up that right forever. The
parti .. agree that they each have sufficient assets and eaming eapaclty to provide
adequately for his or her own financialsllppnrt. Each of the parties knowingly sod
volUDtarily hereby forever waives his or her right to receive spoosal.upport from
the other party, and agre .. that the Court shall not retain jurisdiction to award
spolUal support in the future.
Husband and Wife agree that health insUl'IIIlce for them will be handled in the following
manner:
Husband and Wife will pay for tlteir own medieal and dental insuran ..
4
(Page 5 of 18)
V. DIVISION OF ASSETS AND LIABILITIES
A. Real Property
1. Marital Home
Husband and Wife resided at 10311 Torrelle Drive. Charlotte. NC 27277,
while living together as a married couple. Husband and Wife agree as follows regarding
the marital home:
husband bas refinanced home under hi. name only and i. tbe sole deed bolder.
Husband will pay Wife tbe lum of S20,000.
B.PenonalProperty
Husband and Wife accumulated personal property during their marriage, and they have
divided the personal proporty in a manner that is acceptable to both. The division of all
personal property owned by Husband and Wife during the marriage is detailed in Exhibit
C and Exhibit D of this Agreement.
C. Separate Property
Husband and Wife entered the marriage with property that each owned individually.
Husband and Wife agree that this property remain classified as separate property or
nonmarital assets. A description of all Separate Property i. detailed in Exhibit C and
Exhibit D ofthi. Agreement.
D. Retirement Plans
Subject to the equalizing payment as described herein, Husband and Wife will each retain
their retirement accounts as follows:
Husband and Wife have waived the rigbts to eacb other retirement plans and blve
made Sari and Arthur Sulton the beneficiaries.
F. Financial Assets
Husband and Wife currentl y hold the following joint accounts:
Husband and Wife agree that the monies in all joint accounts will be divided equally and
all joint accounts will be closed. All other financial assets held by the parties have been
divided in manner that is acceptable to both panies. A description of these financial
assets and how they are divided is detailed in Exhibit C and Exhibit D oflhis Agreement.
All joint accounts have been divided and closed.
5
(Page 6 of 18)
H. Subseqnent Property Rights
Any property acquired by either of the parties after the date of separation shall be the
separate property of the one acquiring it, and eacb other of them waives and releases all
property rights in subsequent property acquisitions by the other. Should parties make any
effort to "",oneile or work on their marriage, that efIon will not negate the spousal
support, property and debt provisions of this Agreement.
VI. RESPONSIBILITY FOR DEBTS
Husband and Wife warrant that, except as set forth in Exhibit C and Exhibit D of this
Agreement, he or she has not incurred any debts or obligations for which the other may
be liable. Husband and Wife agree that he or she hereafter will not ineW' any debts or
obligations for which the other is liable. In addition, each party will indemnif}' and hold
the other hannless against any costs and expenses, including reasonable attorneys' fees
and disbw-sements, resulting from a breach by such party of any representation or
covenant contained in this Agreement.
VII. INCOME TAXES
Husband and Wife warrant that to the best of their knowledge and belief all tax liabilities
due on previous years have been paid in full. Husband and Wife agree to file joint
Federal, State and local income tax returns for the year of 2008. [fthere is any tax
asmsed 1>11 My jQiIllly tiled tlIlI re\W1l, tax Iillbility will be paid by both
parties in proportion to their incomes for the tax year, unless the deficiency is caused by
the act or failure to act of either Husband or Wife. [f there is an audit of any joint tax
rerw-n, each party will furnish documents and other infonnation as may be reasonably
requested in connection with the audit Any refund payable with respect to any joint tax
return, now or herellfter filed will be paid to HIISband HIld Wife ill equal amounts. Both
parties will endorse any refund checks and take any actions as may be necessary to
facilitate such payment.
The parties recognize that any allocation between them of the responsibility for the
payment of taxes on joint income tax returns is not binding on the Internal Revenue
Service, the Franchise Tax Board, or any other taxing authority. If either party fails to
pay the taxes for which he or she is responsible, the law may give the taxing authority the
power to collect these taxes from the other party.
VIII. WAIVER OF ESTATE CLAIMS
Husband and Wife will have the right to dispose of their property by last will and
testament as each deems proper. It will be at their sole discretion with the same effect as
if the other had predeceased them. Husband and Wife, individually and for his or her
heirs, successors, and assigns waive all claims Of interests they may have as the surviving
spouse to all property owned by the other or to claim any (I) family allowance, (2)
probate homestead or (3) other statutory rights. claims or inheritanees. Husband and
6
(Page 7 of 18)
Wife both waive all rights that he or she may have pursuant to the laws ofthe state of
North Carolina to take action in contravention of the other's will. Further, both Husband
and Wife waive any rights they may have to take an elective share of the estate should the
other party die intestate or to he administrator or executor of the estate of the other,
except as the nominee of the other person who is legally entided to make nominations for
administrator or executor.
IX. MEDIA nON
While this Agreement remains in effect, Husband and Wife agree to settle any disputes
that arise under it through mediation before a professional mediator. Husband and Wife
will each pay fifty percent of the costs, unless it is clear to the mediator that one of the
parties is requesting mediation only to incur costs the other party cannot reasonably be
expected to pay. If mediation fails, then the dispute may be settled by the court having
jurisdiction over the parties and the legal issue(s).
X. AMENDMENTS
Husband and Wife agree that there may be a need to make modifications to this
Agreement in the future, and as such, they agree that modifications will be made by
written amendment that is notarized, witnessed, and signed by both Husband and Wife.
Both HlIsband and Wife agree not to eo-habitate with a member oUhe opposite leX
until the i v o r ~ e U fmal or a period of l years,
Xl. TERMINATION OF AGREEMENT
This Agreement Can he terminated by Husband and Wife mutually deciding to resume
their relationship and living together as a married couple, or by mutual decision of the
parties that is reflected in a written document signed by the parties and notarized.
XII. EFFECT OF DIVORCE
Husband and Wife agree the filing for divorce by either party will not terminate the
obligations created by this Agreement, and this Agreement may only be terminated as
indicated in Section Xl of this Agreement. In the event a divorce is granted by the Court,
Husband and Wife agree to abide by this Agreement with the final Divorce Decree.
XlII. MERGER CLAUSE
This Agreement is entire and complete and embodies all understandings and agreements
between the parties. No representation, warranty, agreement or undertaking of any kind
has been made to either party to induce the making of this Agreement, except as is
expressly set forth herein. The parties acknowledge that there is no other agreement, oral
7
(Page 8 of 18)
or written, existing between them. No oral statement or prior written matter outside of
this Agreement will have any fo= or effect.
8
(Page 9 of 18)
XIV. GOVERNING LAW
This Agreement is governed by the laws of the state of North Carolina and will be
construed according to those laws.
XV. WARRANTY AGAINST UNDISCLOSED OBLIGATIONS AND ASSETS
AND INDEMNIFICATION
A. The division and distribution of assets and obligations set forth in this Agreement
is based on the mutual representations made by the parties to each other about the nature,
extent, and value of the marital assets.
The parties are each entering into this Agreement in reliance on the other's good faith and
full disclosure in the negotiations leading up to this Agreement. Each party warrants that
no information materiai to this Agreement has been withheld, and all information
provided in the course of these negotiations has been given truthfully and in good faith.
B. The parties warrant to each other that, other than the obligations set forth in this
Agreement, neither has incurred any other liabilities or obligations which the other may
be liable for.
C. Each party agrees to indemnify and hold the other hannless against any liability
incurred by that party after the date of separation.
XVI. ENFORCEABLE CONTRACf
This Agreement will be etTective and binding upon both parties immediately upon its
execution by both parties. and shall not depend upon any judicial judgment or decree for
its effectiveneSli.
XVII. SEVERANCE OF PROVISION
If, after entty of judgment, any provision, part, term, division, topic, title, paragraph,
section, clause, or word of the Agreement is later held invalid, illegal, void, or for any
other reason unenforceable, then it is the parties' intention that the remainder of the
Agreement shall remain in etTect and the unenforceable provisions declared severable.
XVIII. EXECUTION OF NECESSARY DOCUMENTS
Each party agrees to execute and deliver any instrument or document, furnish any
information, or perform any other act reasonably necessary to carry out the terms of this
Agreement, without any undue delay or expense.
9
(Page 10 of 18)
XIX. DECLARATION OF UNDERSTANDING
'This Agreement was prepared by a neutral third party and shall not be construed against
either party. The parties were advised that they should each secure independent counsel
to advise them in this matter during the negotiations and concerning this Agreement.
Each party understands and agrees that the promises and obligations assumed in this
Agreement are assumed with the express understanding and agreement that they are in
full payment and satisfaction of all rights, interests and demands which each of them
might now or in the future claim or advance against the other of them arising out of or in
connection with their marriage.
Each party hereby acknowledges that prior to the execution of this Agreement, he or she
has read this Agreement, and has had the opportunity to have it fully explained by
counsel of his or her own choosing. By placing his or her initials in the space provided
immediately below, each party indicates that he or she (I) has carefully read and
considered this Agreement, (2) has had the opportunity to consult with counsel prior to
signing this Agreement, ifhe or she so desired, (3) is fully aware of the contents and legal
significance of this Agreement; (4) is signing this Agreement voluntarily and free from
duress, undue influence or coercion.
IN WITNESS WHEREOF, tbe parties execute this Agreement on the dates specified
herein below.
Initials: Initials: W
Date: _-,-7 __ _
Date: 3 II 4109
I '
to ioU {l \))4
Husband's signature Wife's signature
10
(Page 11 of 18)
The above parties known to us personally or proved to us by presentation of valid
identification signed and published the above as their AGREEMENT TO SEPARATE
AS HUSBAND AND WIFE, in our presence. At their request, we have signed our
names and written our addresses on this document as witness this day of
______ , 2 __ .
Witness
Address
Witness
Address
This Section For Notery:
State of Nor-+J., eo.rel,,,.
R. ",\.j. .. , ,.bllI
before me, (here insert name an" title of tile orncer),
personally appeared SNU, 1:> . ".,,\ 'J.,.roI, A. who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same
in hislher/their authorized capacity(ies), and that by hislberltheir signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of No rl-l.,
that the foregoing paragraph is true and correct.
Signature
II
(Page 12 of 18)
EXHIBIT A
PARENTING PLAN
PLAN FOR CHILDICIDLDREN WHO ARE IN SCHOOL
N WIles of Child/Children Sara and Arthur Sutton.
Weekdavs and Weekends.
The children will split their time with the parents on weekdays and weekends determined
and agreed upon by both Husband and Wife on a monthly basis.
HOLIDAYS - The taMe Mlow provides spate for yo. to specify how holidays and oUler oaSioas
will be spent with your cbild/cbiJdreo. 11 you have .. oy odler days of you WORld like to designate
there is additio.al blank spaces.t the end of tbe table wbere you ean lisl them.
H- time witb HUlbaod
W - ti .. e with Wite
Holiday
New Y e a r ~ Eve
New Year', Day
Martlo Lutber Ki.g
Prosident's Day
Easter
Memorial OIly
July 4"
Lobor Day
Thanksgh'i.og
Cbri3tmas En
Cbristmas Day
Mother', Day
Fatber's Day
Mother's Birtbday
Even
Yeo"
W
W
W
H
H&W
H&W
H&W
H&W
H&W
W
H
W
H
W
Odd Time with tbe parent Split EJChaage
Yeo"
from To Doy Tille
H nJa nJa nJa
H nJ. nJ. nJ.
W nJa nJ. nJa
H nJa nJ. nJa
H&W To be determined Ves TBO
H&W To b. determined Ves TBO
H&W To bt determined Ves TBO
H&W To be determined Ves TBO
H&W To be determined Ves TBD
H No TBD
W No TBD
W nJa nJa o/a
H nJa nJa nJa
W nJa nJa o/a
(Page 13 of 18)
Holiday
Even Odd Time widl the pareat Split Exellange
Years Yelrs From To Da. Time
Filber', Birthday H
H o/a o/a o/a
Halloween H&oW H&oW To be determined Yes TBD
ChUds Birthday H&oW H&W To be determined Yes TBD
SUMMER AND OTHER VACATIONS
Summer vacations for the children who are in school, as well as the children who are not
in school will be handled as follows:
The children will spend the majority of their days in summer camps in Charlotte,
In addition to summer vacations from school each parent is entitled to take the
child/children on a vacation(s) away from home. The parent wishing to take the vacation
with the child/children will notifY the other parent of the dates, times, and destination no
later than I month prior to the proposed vacation.
TRANSFERS OF CHILD/CIDLDREN FROM PARENT TO PARENT
"''hen the child/children' s time with one parent ends and their time with the other parent
begins, the tranSfer of the child/children will occur at the following:
Mother's Residence X Father's Residence or other locations TBD.
If other arrangements will be made for the transfer of the child/children specify that here:
TRANSPORTATION ARRANGEMENTS FOR THE CIDLD/CHILDREN
The costs of the everyday transportation of the child/children will be the responsibility of
the parent with whom the child is residing.
TELEPHONE CONTACT BETWEEN PARENTS AND CHILDREN
The parent with whom the child/children are not residing needs to make a special effort
to stay in touch with them and the parent with whom the child/children are residing needs
to encourage this contact As such it is agreed that telephone contact may be as follows:
Child to Parent
K At any time.
Parent Calling Child
At any time.
(Page 14 of 18)
COMMUNICATIONS BETWEEN PARENTS
Even parents who are separated need to communicate regularly to provide the best
possible care for their children, and reduce the stress of the separation everyone.
As such, the following conditions will apply for parent to parent commwrications:
I. The parents will inform each other as SOon as possible about all oftlle children's
school, sport, and other activity schedules to ensure nothing interferes with the
children' s participation;
2. The parents will always let each other know their current residence, mailing
address, and telephone nurnber(s), and will notify each other within 24 hours of
any changes in this information;
3. The parents will never disparage the other parent in the presence of the
child/children;
4. Tbe parents will not allow other people to disparage the other parent in the
presence of the child/children;
5. And the parents will never discuss the arrangements of their separation or
financial matters in the presence of the child/children.
CHANGEs IN SCHEDULES OF PARENTS OR CHILDREN
From time to time the need to make minor or short term changes in the schedules of the
parents or children will be unavoidable. By agreeing ahead oftime how these changes
will be handled the parties hope to avoid future disagreements. The following methods
will be used to avoid disagreements:
l. The parent receiving the request for a change will not use it as a bargaining chip
or way to punish the other parent.
2. The parent making the request for a change will make the request:
.llln person ~ y phone ~ Bye-mail
3. The parent making the request will notify the other parent as soon as possible
before the change is to occur.
4. The parent receiving the request will respond ASAP after receiving the request.
5. A parent receiving a request for change will respond:
6. ~ In person .llBy phone ! Bye-mail
A parent making a request for a change will be responsible for any additional
child care or transportation costs caused by the change.
(Page 15 of 18)
Name and Address
Deborah Ann Sutton
10311 Torrelle Drive
Charlolte, NC 28277
EXHIBITC
Telephone I;
704-621-0846
DIVISION OF ASSETS AND LIABILITIES FOR WIFE
List all of your community Goint ownership) and debts. !fyou decide an asset or debt is separate,
put W (for wife) or H (for husband) to indicate to whom it belongs.
Each person should fill out their own fonn. If everything is jointly owned, then the forms will be identical.
one for husband and one for wife. You can leave both exhibits even thouih they could end up identical
with different names. If you need more space you can expand the categories as needed.
(Delete these instructions in red when you have finished tilling out the Exhibit)
DESCRIPTION OF ASSETS
I. REAL ESTATE - NONE
If Separate
Property
Mark With
WorH
2. HOlJSEHOLD FlJRNITlJRE. APPLIANCES, W
FURNISHINGS, ELECTRONICS AND TOOLS
Sp"", bedroom - bed, whh. bookcase,
Magnavox 1V. Sansui TV
E-maehine computer
Brown leather sectional couch
Dining room table and chairs
Green ilider rocker
Lawnmower
Hope chesc with photo a1bums
We agree to split the kids toys. videos, books, clothes,
etc.
Husband agr<es to pay half for new bedroom furniture
for the kids 10 include a bed, nightstand, and a dresser.
Total number of pages for this Exhibit ___ _
DIu Current
Acq_ired Fair
Market
Valul
I declare under penalty ofpe!jury under the laws of tile stale of North Carolina
Amo.nt of
Mo yOwed
or
Enc ... bered
(Page 16 of 18)
that the foregoing is true and correct.
2
(Page 17 of 18)
Narne and Address
Bruce David Sutton
10311 Torrelle Drive
Charlone, NC 28277
Telephone #
704-759-0722
EXHIBITD
DIVISION OF ASSETS AND LIABILITIES FOR HUSBAND
List all of your oommWlity OoiOl oWllCT$hip) assecs and debts. If you decide an .. set or debt i, ,eparate,
put W (for wife) or H (for husbaod) to indicate to whom it belongs.
Each person should fill out their own form. If everything is jointly (m71ec:i, then the forms will be identical.
one for husband and ODe for wife. You can leave both ed1ibits even though they could end up identical
with different names. If you need more space you can expand the categories as needed.
(Delete these instructions in red when you have finished filling out the Exhibit)
DESCRIPTION OF ASSETS
I.REAL EST ATE - refmaoeed under Hu,band' ,
name.
2. HOUSEHOLD FURNITURE. APPLIANCES,
FUkNISmNCS, ELECTRONICS Al''O TOOLS
Master bedroom - bed, wardrobe, dresser.
nigh stand, bookcase
Flower loveseat and sofa

Blue sofa and nower chair

61 " Big screen tv

31" Big screen tv

All kids bedroom furniture

All baseball memorabilia

Wasber aod Dryer
OTHER ASSETS
Wife agrees to provide copies of photographs and
videos to husband.
We agree to split the kids to),s, videos. books, clothes.
etc.
trSepante
Propert)
MorkWltb
WorH
H
Date Current
Acquired Fair
313/09
Marktt
Val ..
Total number of pages for this Exhibit __ 1
I declare under penalty of perjury under the I' -aws--o';:'f th:;-e-s"-tate of North Carolina
that the foregoing is true and correct.
Amoulto(
Mooey Owed
or
Eacumbered
(Page 18 of 18)
J. DAVID GRANBERRY
CHARLonE, NC 28202
it is part of the recorded document, and must be submitted with original for re-recording
and/or cancellation .
.. ....... "" ................. ....... ", ......................... ** ...... ......................... ............................ .
Flied For Registration: 03/31/2009 02:56:53 PM
Book: RE 24602 Page: 309-326
SEPIA 18 PGS 562.00
N5: $25.00
Recorder: TERESITA BYRUM
A NS (non standard) fee i.ln accordanc. with Ne a.s. 16110 (a) (18b)
111111111111111111111111111111 1111111111111111111111
2009043648
Orange County
JOHNSON
2[-

PREPARED BY:P1\.UL BROCKOP-SROCk & PAYNE, P.A
. . ,:RETURN TO: KELLIE C. JOHNSON
519 HIGHGROVE DRIVE
CHAPEL HILL, NC 27516
NORTH CAROLINA
ORANGE COUNTY
([)

Bk:RB3784 Pg:61
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THIS AGREEMENT made this J4'/' day of March, 2005 between Theodore
DeMott Johnson (Ted) of Rockland County, New York, hereinafter referred to as the
"Husband", and Kellie Cooper Johnson of Orange Countr, North Carolina hereinafter referred
to as the "Wife":
WITNESSETH:
THAT WHEREAS, the parties hereto were married on or about May 22, 1999 and
certain differences have arisen between them rendering it undesirable for them to continue to live
together as Husband and Wife, and in consequence of these differences they separated on
October 4, 2004 and intend to hereafter live separate and apart; and
WHEREAS, each ofllie parties is more than eighteen (18) years of age, and desires to
confirm their and to make agreements in connection therewith, including the
settlement and adjustnlent of their property rights and other rights, responsibilities and
obligations growing out of their marital relationship; and
WHEREAS, there was one child born of the parties' marriage,namely, Theodore
DeMott Johnson IV (Teddy), born October 9, 20p2.
WHEREAS, after mature consideration and judgment, each party hereby enters into this
written agreement and fully understands the terms, conditions and provisions hereof, and deems
such terms to be fair,just and reasonable;
Johnson Separation Agreement
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undertakings herein contained and for other good and valuable consideration, the receipt of
which is hereby acknowledged, each party stipulates, agrees and covenants with the other as
follows:
1. SEPARATE MAINTENANCE. The Husband and Wife shall at all times
hereinafter live separate and apart, each free from the marital control and authority of the other,
direct or indirect, as if each were single and unmarried; and shall reside at such place or places
and with such person or persons as each may desire; and shall conduct, carry on and engage in
any employment, business, trade or profession each may desire, choose or deem fit. Except as
otherwise provided in this Agreement, all income and profits realized by either party shall be for
his or her sole and separate use and benefit, free from any and all control, restraint or
interference, direct or indirect, of the other party.
2. COVENANT OF NON-INTERFERENCE. Neither party will, in any manner,
molest or interfere with the personal rights, liberties, privileges or affairs of the other, and each
shall henceforth live his or her own personal life as he or she may see fit, unrestricted in any
manner by the marriage and relationship previously existing between them. Specifically, neither
party shall come onto the residential premises of the other without express prior permission from
the other party. Furthermore, both parties agree not to use or be under the influence of alcohol
when in the presence of the other party.
provided herein, either party may at any time hereafter acquire, possess, encumber, transfer,
conveyor otherwise deal with any and all classes of property, real or personal, tangible or
Page2of22
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intangible or mixed, whether now owned or possessed or hereafter acquired by either ofthem,
without the joinder or consent of the other party and with the same force and effect as ifthey
were unmarried. If it shall become necessary to pass, transfer or guarantee good title, a party
shall, upon request of the other, execute any deed, bill of sale or document evidencing a
conveyance of property. It is agreed between the parties that each of them will at any time or
times hereafter make, execute and deliver any and all of such other and further assurances, as
either of said parties shall reasonably require for the purposes of giving full effect to these
agreements. No liability or expense shall be incurred by the party requested to execute such
document. It is further agreed that the parties shall execute a Memorandum of Separation
allowing the parties to give effect to this provision. Said Memorandum shall be prepared by
Wife's attorney and filed with the Orange County Registrar of Deeds.
4. RELEASE OF PROPERTY AND ESTATE RIGHTS. Except as otherwise
provided herein, each party hereby waives, relinquishes, renounces and quitclaims unto the other
any and all rights, title, interest and control he or she may now have or shall hereafter acquire
under the present or future laws of any jurisdiction, in, to or over the person, property or estate of
the other, arising by reason of their marital relationship or under any previously executed
instrument or will, made by either of them, including, but not limited to, dower, courtesy,
statutory allowance, widow's allowance, homestead rights, right to take in event of intestacy,
right to any share as the surviving spouse, any right of election, right to take against the last will
and testament of the other or to dissent therefrom, right to act as administrator or executor of the
estate of either, and any and all other right, title or interest of any kind in and to any said property
or estate of any kind of the other. This provision shall not apply to any Social Security benefits
Page 3 0/22
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the parties may have by reason of their marriage to each other. In addition, except as otherwise
provided herein, each party waives, releases and renounces, and hereby conveys, quitclaims and
assigns over to the other party and his or her heirs, executors and administrators, any right of
inheritance under a will executed by the other party prior to the date of this agreement, any
beneficial or administrative right arising under any trust created by the other party prior to the
date of this agreement, any right to insurance proceeds payable by reason of the death or
disability of the other party, and any right to insurance proceeds payable by reason of damage or
destruction to any real or personal property owned separately by the other party, whether such
property was distributed under this agreement or acquired before or after the execution of this
agreement by the other party.
5. DEBTS.
A. Present Debts. The parties agree to the following disposition of their
marital debts:
The parties have a joint Citibank Visa and a joint Chase MasterCard. Wife shall
be responsible for the balance on the Citibank Visa and the Chase Mastercard and shall
indemnify and hold Husband harmless from the same. Wife further agrees to take any
and all necessary steps to remove Husband's name from said card or, alternatively, to
close said account.
The Wife shall assume as her sole and separate responsibility any and all other
credit cards or credit accounts held solely in her name
The Husband shall assume as his sole and separate responsibility any and all other
credit cards or credit accounts held solely in his name.
Page 4 of22
,
, .
B. Future Debts.
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0S
03.
Unless otherwise provided herein, neither party shall hereafter charge or cause or
pennit to be charged to or against the other any purchase, which either of them may
hereafter make, and shall not hereafter create any obligations in the name of or against
the other and shall never hereafter secure or attempt to secure any credit upon or in
connection with the other, or in his or her name.
It is specifically understood and agreed that all debts incurred by either of the
parties subsequent to October 4,2004 shall be the sole and separate responsibility of the
party incurring such indebtedness.
6. TAX LIABILITY.
A. 2004 Income Tax Returns. The parties agree to file joint State and Federal
income tax returns for 2004. The parties agree to divide any and all refund or liability
arising from said State and Federal income tax return with Wife receiving sixty two and
one-half percent (62.5%) and Husband receiving thirty seven and one-half (37.5%) of any
refund or liability associated with the same.
B. 2005 and All Subsequent Years. The parties agree to file separate State
and Federal income tax returns for 2005 and all subsequent years. The parties agree that
any tax refund or liability shall be the sole and separate property or responsibility of the
party filing said returns.
C. Dependency Exemption, Credits and Deductions. The parties agree that
Wife shall be entitled to claim the minor child as a dependent and entitled to any
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applicable childcare tax credits for tax year 2005. On January 1, 2006 when child
support is recalculated, the tax credits will also be renegotiated.
D. Audits. In the event of an audit of any of the parties' joint tax returns, the
parties agree to cooperate fully as to any questions, document requests or appearances
regarding same. The parties shall be responsible for and shall defend, indemnify and
hold each other harmless on any additional taxes, interest and penalties owed on their
respective incomes or on any deductions or allowances related to their individual
incomes. If a party has provided false information, incomplete data or information that
otherwise results in additional taxes, interest or penalties for the other party, the innocent
party shall be fully compensated for any such expense by the party causing same.
7. WAIVER OF ALIMONY AND POST SEPARATION SUPPORT. Each
party hereby waives all claims and demands against the other for post separation support and
alimony, including allowances for attorney's fees and suit money which either now has or may
hereafter have or may in any way be or become entitled to by reason of their marriage to one
another. The parties agree that this settlement is a total and complete release of each party by the
other of all such matters and charges whatsoever except as herein otherwise provided.
8. PROPERTY DIVISION AND SETTLEMENT. It is in the best interest of the
parties to divide their marital property through a property settlement and thus they hereby agree
to the following division of their property.
A. Marital Home. The parties own a home located at 1501 FernleafPlace,
Hillsborough, North Carolina 27278 (hereinafter referred to as the "Marital Home").
Said Marital Home is currently n c ~ e r e d by a mortgage held by GMAC in the amount
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of $247,396.75 in the name of Wife alone. Pursuant to this Agreement, Wife shall retain
possession of the Marital Home as her sole and separate property and shall be responsible
for all monthly payments towards the mortgage, taxes, insurance, repairs and household
utilities and agrees to indemnify and hold Husband harmless from any liability associated
with same. Within thirty (30) days of execution of this agreement, Wife agrees to
refinance said mortgage in order to pay to Husband the amount of $68,500.00, which
represents Husband's share of the equity in the Marital Home reduced by one-half the
value of Husband's Mellon Stock. At the time of the refinance, and after said amount has
been paid to Husband, Husband agrees to sign a North Carolina General Warranty Deed
in order to deed his interest in the Marital Home to Wife alone. The Marital Home and
all equity therein shall hereafter be the sole and separate property of Wife, free from any
right or claim by Husband.
B. Household Furnishings and Other Personal Property.
Each party shall retain as their sole and separate property all of his or her clothing
and personal effects. With the exception ofthe items listed on Schedule A attached to
this Agreement, the parties agree that each shall retain all household furnishings currently
in his or her possession and that such household furnishings shall be the sole and separate
property ofthe party with the possession of the property at the time that this Agreement is
executed. The items listed on Schedule A of this Agreement shall be divided as mutually
agreed upon by the parties.
C. Vehicles.
The parties hereby agree to the following disposition of their motor vehicles:
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(1) Wife. The Husband hereby transfers, assigns and relinquishes unto
the Wife any and all of his right, title and interest in the 1999 Jeep Grand
Cherokee. After the execution of this Agreement said vehicle shall belong solely
to the Wife, free from any claim or right of Husband.
(2) Husband. The Wife hereby transfers, assigns and relinquishes unto the
Husband any and all of her right, title and interest in the 2000 Volkswagen Jetta.
After the execution ofthis Agreement said vehicle shall belong solely to the
Husband, free from any claim or right of the Wife.
(3) Negligent Operation. Each party agrees to indemnify and hold the
other harmless from all liability arising by reason of their separate operation of
any ofthe aforesaid vehicles.
(4) Insurance, Taxes. Wife shall be solely responsible for maintenance
ofinsurance and payment of taxes on the 1999 Grand Jeep Cherokee. Husband
shall be solely responsible for maintenance and the payment of taxes on the 2000
Volkswagen Jetta. Wife agrees to maintain insurance on the 2000 Volkswagen
Jetta for the benefit of Husband until May 17, 2005, at which time Husband shall
obtain his own insurance and be responsible for all payments associated with the
same.
(5) Transfer of Title. At any time, upon the request of the other party,
either party shall execute and deliver to the party such instruments or documents
as may be necessary or appropriate to effectuate the transfer oftitle to the
aforesaid vehicles.
Page 8 of 22
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D. Kayak, Boat and Motor. Husband shall take as his sole and separate
property the Kayak, Boat and Outboard Motor free from any claim or right of
Wife.
E. Bank and Financial Accounts. Husband and Wife agree that there are
!
joint checking and savings accounts with an approximate total balance of$17,344.00.
Said accounts shall be closed as of the date of this Agreement. The parties agree that
Wife shall receive a total of$12,009.00 or 69.2% of the balance in said accounts and
Husband shall receive $5,335.00 or 30.8% of the balance in said accounts. Furthermore,
the parties agree that Wife paid Husband an additional $4,000.00 from her sole and
separate funds on January 19,2005. Furthermore, both parties are entitled to keep any
and all accounts in their sole and separate names.
F. Retirement. Wife has retirement accounts through her employer, Glaxo
Smith Kline and her previous employer, Bayer. The parties agree that the total value of
the Glaxo Smith Kline account as of the date of separation is approximately $43,539.32.
Wife shall be entitled to the funds in her Glaxo Smith Kline retirement account as her
sole and separate property free from any claim or right of Husband.
Furthermore, the parties agree that the total value of the Bayer account as of the
date of separation is approximately $83,775.06. Pursuant to this Agreement, Wife shall
receive seventy percent (70%) ofthe value in the Bayer retirement account and Husband
shall receive thirty percent (30%) of the value in the Bayer retirement account or
approximately $25,132.52, plus any passive growth thereon from the date of separation
until the date of transfer. Said division shall be accomplished by way of Qualified
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Domestic Relations Orders to be prepared by Wife's attorney within ninety (90) days of
the date of this Agreement. The Husband agrees to provide and sign all necessary
documentation in order to give effect to the Qualified Domestic Relations Order.
Husband does not currently have any retirement accounts associated with his past
or present employment.
G. Stock Accounts. The parties agree that there is a Mellon stock account in
Husband's sole name. Pursuant to this Agreement, Husband shall retain said account as
his sole and separate property.
H. Quattro Brands. Wife hereby relinquishes unto the Husband any and all of
her right, title, or interest in Quattro Brands. Said business and all its assets and liabilities
including the initial investment of $20,000.00 shall be the sole and separate property of
Husband.
9. LIFE INSURANCE. The parties agree that Wife shall have the right to
maintain a life insurance policy on Husband's life for so long as Husband would have an
obligation for support to the minor child under applicable North Carolina law. The parties
further agree that Wife shall be the owner of said life insurance and shall be responsible for any
premiums associated with the same. Husband shall cooperate with Wife in obtaining or
maintaining life insurance on his life. Wife's term life insurance policy shall be the sole and
separate property of Wife. Wife shall be responsible for any and all premiums associated with
the term life insurance policy on her life.
10. EQUITABLE DISTRIBUTION. This Agreement is the act of the Husband and
the Wife in equitably dividing their property as provided under N.C.G.S. 50-20(d). Each
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releases the other from any further claim which would or might arise in favor of either under
N.C.G.S. 5 0 ~ 2 0 et seq., or any other state or federal law involving division of property
acquired during marriage.
11. FINAL SETTLEMENT. Itis the intent of the parties that this Agreement
constitutes final settlement of all rights and interest arising from the marriage of the parties,
including a final settlement of marital property, and each party acknowledges that the settlement
herein provided for is deemed to be an equitable settlement and distribution in lieu ofthe
provisions of General Statute 5 0 ~ 2 0 and expressly releases and waives any claims arising
thereunder. In addition thereto, each party releases the other from duties and obligations of
support and maintenance, including attorney fees except as herein provided, and each party
understands that this agreement may be pleaded in bar of any right or claim arising from the
marriage between the parties.
12. TRANSFERS OF PROPERTY INCIDENT TO DIVORCE. The parties agree
that (i) the transfer of property hereunder is related to the divorce; (ii) that the transfer hereunder
is a transfer incident to the divorce; (iii) that the intent and purpose of this Agreement is for the
transfer ofproperty hereunder to be tax free pursuant to 1041 of the Internal Revenue Code and
the applicable provisions of North Carolina law and for no gain or loss to be recognized by either
party as a result of such transfer; and (iv) that they will file a formal election if necessary or
otherwise take such actions as may be required by applicable provisions of the state or federal
income tax law and regulations to give full force and effect to their aforesaid intent and purpose.
Page II of22
13. CHILD CUSTODY AND VISITATION:
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A. Visitation Schedule February 2005 through December 2005. The parties agree that it
is in the best interest of the minor child that the parties share joint legal custody with
Wife having primary physical custody. Pursuant to this Agreement, from February
2005 through June 2005, Husband shall be entitled to visitation with the minor child
in or near the minor child's home at Wife's discretion. Furthermore, Husband shall
be entitled to four days of visitation per month while in town as the parties mutually
agree. Husband shall have no overnight visitation until May 2005 without the
consent of Wife. Beginning July 2005 through December 2005, the parties agree that
Husband shall continue to have four days of visitation per month while visiting North
Carolina, but when agreed upon by both parties. Wife will take the minor child with
her on business trips, when possible, to New Jersey/New York with the intention of
allowing Husband to have visitation with the minor child while Wife conducts
business. Furthermore, Husband agrees not to use or be under the influence of
alcohol when in the presence of the minor child. Wife shall have the right to refuse
Husband's visitation with the minor child if Husband is under the influence of
alcohol.
B. Visitation Schedule beginning January 2006 Pursuant to this Agreement, the parties
agree to continue the four day per month visitation schedule with Husband exercising
his visitation either in the state of North Carolina or in New Jersey/New York with
age appropriate travel for as long as Husband is living in the New Jersey/New York
area. Furthermore, Husband agrees not to use or be under the influence of alcohol
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when in the presence of the minor child. Wife shall have the right to refuse
Husband's visitation with the minor child if Husband is under the influence of
alcohol.
C. Holidays/Summer.
1) Thanksgiving. The child will spend Thanksgiving in 2005 and each odd-
numbered year thereafter with the Wife. In 2006 and each even-numbered
year thereafter, the child will spend Thanksgiving with the Husband.
2) Christmas Eve and Christmas Day. The child will spend Christmas Eve and
Christmas Day in 2005 and each odd-numbered year thereafter with Husband.
In 2006 and each even-numbered year thereafter, the child will spend
Christmas Eve and Christmas Day with the Wife. The parties agree to further
divide equally any school vacation time the child may have surrounding
Christmas Holiday with each party receiving one-half (1/2) the child's
Christmas vacation.
3) Mother's Day! Father's Day. The child will spend Mother's Day with the
Wife and Father's Day with the Husband.
4) Spring Break/Easter. Visitation with the minor child during Spring Break and
Easter will be defined by the school calendar in the minor child's school
district and will be arranged as the parties mutually agree.
5) Summer Vacation. In 2005, Husband is entitled to receive visitation in or out
of state the first week of July uninterrupted with the child provided that the
Husband has exercised his regularly scheduled visitation with the minor child.
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Additionally, Husband shall be entitled to one additional week of
uninterrupted visitation in or out of state with the minor child at such times as
mutually agreed upon by the parties. In 2006 and subsequent summer
vacations, Husband is entitled to receive two weeks uninterrupted visitation in
or out of state with the minor child as the parties mutually agree.
6) Variation in Schedule! Other Time As Agreed. The parties recognize that
they may need to deviate from the schedule herein agreed upon. The parties
intend to be flexible with one another and will try work together to
accommodate the wishes of each other and the child. To vary from the above
schedule the parties must notify one another of desire to make a change and
both parties must agree to the changes. Should the parties be unable to agree
to an alternate arrangement, the parties shall comply with the schedule
detailed above.
14. MINOR CHILD'S WELFARE.
A. Care & Support of Parental Relationship. The parties agree that each party is an
integral part of the minor child's life, and it is in the best interest of the minor child to continue to
have close and frequent contact with both parties. Parties specifically agree that the care and
welfare of the minor child shall be their joint responsibility. Both parties shall at all times
encourage and foster in the child sincere respect and affection for both parents. Neither party
shall attempt, or condone any attempt, to estrange the child from the other party or to injure or
impair the natural love and affection between parent and child. Parties agree that each child shall
have unlimited freedom to communicate with the other parent. In the event of the death of either
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party, the surviving parent will continue to facilitate and foster a relationship between the minor
child and the deceased parent's extended family. Both parties recognize that their respective
contribution to the welfare of the minor child is essential; therefore, parties agree to cooperate
with the other in establishing mutually acceptable guidelines and standards for development,
education, and health.
B. Notification & Contact Information. Each party agrees to provide the other with
an address and phone number where he or she can be reached when the minor child is in their
respective care and custody. Whenever one parent is taking the child out of town, that parent
will notify the other parent in advance and shall provide himJher with a general travel itinerary
and land-line telephone numbers where the child may be reached.
C. Communication Regarding the Child. The parties shall consult together and
attempt to reach a mutual agreement concerning the minor child's education, medical, dental or
psychological treatment, any extracurricular activities, and any other major decisions affecting
the welfare of the child .. The day-to-day decisions involving the minor child shall be the
responsibility of the parent in residence and both parties shall have the ability to authorize
emergency medical treatment for the minor child when warranted and shall promptly notify the
other parent of the emergency.
The Parties agree to regularly discuss the needs and progress of the minor child, and
whenever appropriate, to consider the wishes of the minor child when decisions are made
regarding his time and activities with both parties.
E. Information Regarding the Minor Child. Parties agree to inform the other of any
significant events that occur during the time the minor child is with him or her. Each party shall
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immediately advise the other as to any serious illness or other major development with respect to
the minor child. The parties agree to provide the other with access to any educational or medical
correspondence.
F. Parental Involvement. Both parties are permitted to attend day care, pre-school or
school conferences as desired and to be active in the minor child's events and activities as their
respective schedules permit. Both parties are free to attend the minor child's activities even if
the child is not residing .with the parent at that time.
15. CHILD SUPPORT. Husband is currently unemployed. Wife is currently
employed with Glaxo Smith Kline with an annual salary of$126,000.00. The parties specifically
agree that Husband shall not be required to pay child support for 2005. The parties agree to
reevaluate Husband's child support obligation for 2006. Until such time, the Wife shall be solely
responsible for all work-related child care expenses for the child. In order to accomplish this, the
parties shall exchange W-2's and all other relevant income information prior to December 1,
2005. Thereafter, the parties shall then recalculate the Husband's obligation pursuant to the
North Carolina Child Support Guidelines. The new obligation, if any, shall begin on January 1,
2006.
16. MEDICAL AND DENTAL INSURANCE FOR THE MINOR CHILD. The
Wife agrees to maintain the minor child under the medical, dental and hospitalization coverage
provided through her employer until such time as a recalculation of child support from Husband.
The parties agree that for 2005, Wife shall be responsible for all medical, dental or
hospitalization expenses not covered by insurance. Beginning in 2006, all medical, dental or
hospitalization expenses not covered by insurance shall be paid as recalculated or renegotiated
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by the parties. Each party shall submit copies of medical or dental bills, receipts and! or
cancelled checks to the other party for reimbursement of half the amount expended within thirty
(30) days of payment to the healthcare provider.
17. MEDICAL AND DENTAL INSURANCE FOR THE HUSBAND. The Wife
agrees at her own expense to maintain the Husband under the medical, dental and hospitalization
coverage provided through her employer until the date of the parties' divorce.
18. RECONCILIATION. In the event the Husband and Wife end their separation
by reconciliation and resumption of marital cohabitation, the executory provisions of this
. Agreement shall be thereby canceled and rescinded, but all provisions hereof which have been
executed or partially executed at that time, shall, to the extent of complete or partial
performance, continue in full force and effect unless and until they are canceled or rescinded in a
written agreement duly executed by both Husband and Wife. The parties acknowledge,
however, that the provisions contained above with regard to the division of both real and
personal property shall be deemed fully executed at the time this Agreement is signed by both
parties and shall not be affected by a reconciliation of the parties. The property transferred and
assigned pursuant to the property settlement provisions of this Agreement shall remain the
separate property of the parties as stated herein.
19. DIVORCE OR DISSOLUTION OF MARRIAGE. It is agreed and understood
by the parties that this Agreement is not made for the purpose of facilitating a divorce between
the parties nor is there any agreement that either party shall not defend against any action for
divorce or proceeding for dissolution of the marriage brought by the other party; but this
Agreement is made without prejudice to the right of either party to seek a divorce or dissolution
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of marriage and the provisions hereof shall remain in full force and effect whether or not either
party seeks a divorce or dissolution of marriage at any time hereafter.
20. WAIVER OF CLAIMS. Each party waives and releases to the other any claims
which he/she has or may have against any other person under the law of this State or any other
State for alienation of affection, criminal conversation, or any other type of action which may be
allowed as the result of any relationship between the other spouse and any third person. It is,
therefore, specifically understood and agreed that any third person, against whom such legal
action is brought by either Husband or Wife, may plead this provision, as a third party
beneficiary, in bar of any such claim.
21. INCORPORATION OF AGREEMENT. This Agreement shall, upon
application of either party, be incorporated into a final decree for divorce.
22. REPRESENTATION. Wife has been represented in the preparation of this
Agreement by Paul Brock of Brock & Payne, P.A. Wife understands that by execution of this
Agreement she may be waiving some of her rights; nonetheless Wife has entered into this
Agreement voluntarily. Husband has been represented in the preparation of this Agreement by
Donna A. Davis of Donna Ambler Davis, p.e. Husband understands that by execution of this
Agreement he may be waiving some of his rights; nonetheless Husband has entered into this
Agreement voluntarily.
23. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
parties, and there are no representations, warranties, covenants or undertakings other than those
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24. ENFORCEMENT. If either party fails in the due perfonnance of his or her
obligations hereunder, in addition to any other remedy that may be available to him or her at law,
either party shall have the right, at his or her election, to sue for specific perfonnance of this
agreement. The breaching party shall pay the costs of any such legal remedies, including a
reasonable attorney's fee. Nothing herein contained has been construed to restrict or impair
either party's right to exercise this election.
25. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time at
the request of the other execute, acknowledge and deliver to the other party all further
Agreement.
26. MODIFICATION AND WAIVER. The modification or waiver of any ofthe
provisions of this Agreement shall be effective only if made in writing and executed with the
same fonnality as this Agreement. The failure of either party to insist upon strict perfonnance of
any of the provisions of this Agreement shall not be construed as a waiver of any subsequent
default of the same or similar nature.
27. SITUS. This Agreement shall be construed and governed in accordance with the
laws ofthe State of North Carolina.
Agreement shall be binding upon the respective heirs, next of kin, executors and administrators
of the parties.
IN WITNESS WHEREOF, the parties have hereto set their hand and seals in duplicate
originals, each of which shall constitute an original, as of the day and year first above written.
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u; ~ (SEAL)
KJtLLIE COOP, JOHNSON ~
Page20of22
PETER A ORAMES
Notary Public, State of New York
NO.010R6118760
Qualified In Rockland County
My Commission Expires Nov 22. 201
l
,. ,
"
NORTH CAROLINA
DURHAM COUNTY
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I, P.et..p(' ])r-qrne; , a Notary Public, do hereby
certify that Theodore DeMott Johnson III personally appeared before me this day and
acknowledged the due execution of the foregoing Separation and Property Settlement
Agreement.
WITNESS my hand and notarial seal, this the day of fila rc"'- ,2005.
f\!ov ;)'J- ;)..608'
I
NOTARY PUBLIC
... --
PETER A DRAMES
Notary Public State of New York
NO.01DR6118760
Qualified In Rockland County
MV Commission EXp/f'es Nov 22. 20gi
-
I, r A ( ]) ret /1) e S ,a Notary Public, ereby
certify that Kellie Coop Johnson personally appeared before me this day acknowledged
the due execution of the for ing Separation and Property Settlement ement.
WITNESS my hand and not . seal, this the yof (l\Orc h
PETER A DRAMES
Notary Public State of New
NO.01DR6118760
Qualified in Rockland County
MV Commission Expires Nov 22. 200.r
Page 21 of22
,2005.
\ '
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NORTH CAROLINA
DURHAM COUNTY
I, KAREN M. WOOD, a Notary Public, do hereby certify
that Kellie, I I Johnson personally appeared before me this day and acknowledged the due
execution of the foregoing Separation and Property Settlement Agreement.
WITNESS my hand and notarial seal, this the 23RD day of MARCH, 2005.
11110/2009
Page 23 0/24
Joyce H. Pearson
Register of Deeds
Orange County
North Carolina
State of North Carolina, County of Orange
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The foregoing certificate(s) of KAREN M. WOOD, NOTARY PUBLIC, PETER A. DRAMES, NOTARY
PUBLIC for the Designated Governmental units is/are certified to be correct. See filing certificate herein.
This day June 22,2005.
Joyce H. Pearson, Register of Deeds
BY:
Deputy I Aiiistaat Register of Deeds
Yellow probate sheet is a vital part of your recorded document. Please retain with original document and submit for recording.

Items remaining in the Garage
Sporting
Taxidermy items
Husband's mother's china
Anything in the attic or storage spaces
SCHEDULE A
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Orange County
MCCLELLAN
NORTH CAROLINA
ORANGE COUNTY
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1111111111111111111111111111111111111111111111111111
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PROPERTY DIVISION AND' SEPARATION AGREEMENT
This Property Division and Separation Agreement, made and entered into as ofthis 26
th
day
of May, 2005, by and between Diane K. McClellan, the party of the first part, hereinafter called
Wife, a resident of Orange County, North Carolina, social security number: --. 1-, and
Robert S. McClellan, the party of the second part, hereinafter called Husband, a resident of rIV
Orange County, North Carolina, social security number -. .
WITNESSETH: Cl11 Cf., 3::<-- d 1::2 I
WHEREAS, the parties hereto were lawfully married to each other on or about December 7,
1993, in Orange County, North Carolina, and although in the past they have lived together as
Husband and Wife, they anticipate separating one from the other on or before May 7,2005, with at
least one of the parties intending to continuously live separate and apart; and
WHEREAS, there was one child born ofthe marriage ofthe parties, namely: Lindsi Denise
McClellan, born December 17, 1993, social security number ; and
WHEREAS, various unfortunate and unhappy difficulties, disputes and differences have
arisen between the parties, as a result of which they are no longer able to live together in peace and
harmony, and it is, therefore, necessary for the health, happiness and well-being of both parties that
they should continue to live separate and apart from each other; and
WHEREAS, the parties mutually have decided and agreed to live separate and apart for the
remainder of their natural lives, terminate the marriage relationship, and each go her or his way
unmolested by the other, both understanding and agreeing that either party may apply to a court of
competent jurisdiction for an absolute uncontested divorce at such time as the parties have
continuously separated for one year or more on the grounds of mutual separation ofthe parties; and
WHEREAS, the said parties desire to enter into th,is Property Division and Separation
Agreement (hereinafter "this Agreement") for the purpose of confirming their mutual separation,
settling their property rights, and making arrangements in connection therewith; and
WHEREAS, both parties fully understand the terms, conditions and provisions of this
Agreement, and believe and agree that the same are just, fair, adequate and reasonable in all respects;
NOW, THEREFORE, to that end, and for and in consideration of the mutual covenants,
promises, and agreements herein declared and set forth, the parties hereto agree as follows:
1. SEPARATION: From and after the date ofthe parties' separation on or before June
5, 2005, both parties shall henceforth live wholly separate and apart from each other, and it shall be
lawful for each to live separate and apart from the other and to continue to so live and reside and
associate from time to time, at such place or places, with such person or persons, as either such party
d ");) v111
JRR.EGULAR .... W ....... -. -_;;;;;;_=
FILED Joyce H. Pearson
Register of Deeds Orangs COUNTY,NC

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shall see fit, as if such parties were sole and unmarried; and to conduct, carry on, and engage in any
employment, trade or business as either party may deem fit, ~ for the separate use and benefit of
such party, and all free from any control, restraint, authority or interference, directly or indirectly, by
the other, in all respects, as if such parties were sole and unmarried; and further, each party will
contract in the future, and be contracted with, independent of the other, and neither party shall be
liable for any debts or obligations incurred by the other, nor shall either party contract any debt for
which the other shall be liable.
2. NON-MOLESTATION: Neither party shall.molest or bother the other, directly or
indirectly, nor compel, nor attempt to compel the other to cohabit or live with her or him in any way
whatsoever, nor shall either interfere in any way with the other's right to live at such place or places
as she or he shall see fit, or with such other person or persons as she or he shall see fit.
3. RELEASE OF PROPERTY AND ESTATE RIGHTS:
(a) The Wife, for herself, her heirs, executors, administrators, and assigns, hereby
releases and relinquishes unto the Husband, his heirs, executots, administrators, and assigns, all right
of future support, all right of dower, inheritance, descent and distribution, and right to descent to his
Will and any and all other rights arising out of the marriage relationship, except as may be
specifically provided hereafter in this Agreement, and to any and all property, interest in property,
real, personal, and mixed, now owned or hereafter acquired by Husband, and hereby agrees that
Husband may henceforth acquire, hold, manage, alienate, lease and convey his said property without
her knowledge, further consent, or joinder, in accordance with the provisions ofN.C.G.S. 39-13.4,
just the same as if she had never been married to him, and further, does hereby release, relinquish,
and renounce any and all right to administer upon his estate ..
(b) The Husband, for himself, his heirs, executors, administrators, and assigns, hereby
releases and relinquishes unto the Wife, her heirs, executors, administrators, and assigns, all right of
curtesy, inheritance, descent and distribution, and right to descent to her Will and any and all other
rights arising out of the marriage relationship, except as t;nay be specifically provided in this
Agreement, and to any and all property or interest in property, real, personal and mixed, now owned
or hereafter acquired by Wife, and hereby agrees that Wife may henceforth acquire, hold, manage,
alienate, lease and convey said property without his knowledge, further consent, or joinder, in
accordance with the provisions ofN.C.G.S. 39-13.4, just the same as if he had never been married
to her, and further, does hereby release, relinquish, and renounce any and all right to administer upon
her estate.
(c) It is agreed on the part of each party hereto that in the event of a sale, transfer, or other
conveyance of property, real, personal, or mixed, now owned or hereafter acquired by either party, if
it should become necessary to guarantee or pass good title thereto, that the other party to this
Agreement should be called upon to execute any deed, conveyance, bill of sale, or other legal
instrument concerning the dealing in such property, then in such event the other party to this
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Agreement agrees to and will sign any instrument or conveyance which may be reasonably required
to perfect title in the party to whom it is sought to be conveyed and it is covenanted and agreed
between the parties that each of them shall and will, at any time or times hereafter, make, execute
and deliver any and all such other and further assurances as either of said parties shall reasonably
require for the purpose of giving full effect to this Agreement and to this covenant, so long as no
obligation is thereby imposed upon the party whose signature is sought by the other.
(d) This provision shall not apply to any Social Security benefits the parties may have by
reason of their marriage to each other.
4. MODIFICATION: This Agreement can be altered, amended or modified by further
written agreement duly executed by the parties. Any failure by either party to specifically perform or
to enforce performance exactly according to the letter of this Agreement shall not constitute an
alteration ofthe Same by way of enlargement, reduction, estoppel or otherwise, unless confirmed in
writing by the parties. It is understood that the parties may by mutual agreement make temporary
modifications from time to time as conditions require and that this Agreement shall nonetheless be
binding upon the:parties as written, except in the event of a material breach.
5. PLACE OF RESIDENCE: Each party shall at all times keep the other informed of
his or her place of residence and shall promptly notify the other of any change, giving the address of
the new place of residence until the minor child of the parties attains the age of eighteen (18) or
graduates from high school, whichever is later.
6. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties, and there are no representations, warranties, covenants, or undertakings other than those
expressly set forth herein. Either party shall have the right to compel the performance of the
provisions of this Agreement by suing for the breach thereof in the courts where jurisdiction of the
parties and subjet matter exist. In the event either party believes the other to be in default of this
Agreement, he or.she shall give the other party notice in writing of such alleged default, and the party
given such noticecshall have five (5) days thereafter to cure ~ alleged default. Ifthe alleged default
is not cured within the five (5) days, the party claiming such default shall be free to proceed as
provided by law.
7. PARTIAL INVALIDITY: If any part or parts ofthis Agreement shall be rendered
null and void or of no effect for any reason, all ofthe remaining parts of this Agreement, whether the
same shall be cOij:sidered executed or executory, shall remain in full force and effect and shall be
binding upon the parties hereto and the same shall not be considered to be revoked, amended or
invalidated.
8. BINDING EFFECT: The parties hereto agree that this Agreement shall be binding
upon the parties and their respective heirs, executors, administrators, successors and assigns.
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9. CHILD CUSTODY, PHYSICAL CUSTODIAL TIME-PERIODS, AND
SUPPORT:
(a) Child Custody and Physical Custodial Time-periods: It is agreed that the Wife
and Husband shall have joint legal custody ofthe child born to the marriage. It is further agreed that
the Wife shall have the primary physical care, custody, and control of the child born to the marriage.
The Husband shall have the physical custody of the child as set forth below. At all other times, the
minor child shallbe in the physical custody of the Wife.
(i) Regular Weekends: Except for the periods of summer vacation and holidays
beginning June 17,2005, and continuing every other weekend thereafter, from 6:00 PM on Friday
until 8:00 PM the Sunday thereafter.
(ii) Regular Weekdays: Except for the periods of summer vacation and holidays
beginning June 8, 2005, and continuing every other week thereafter, on Wednesday from after school
or the after school program until 8:00 PM.
(iii) Holidays: Notwithstanding the regular weekend and weekday physical
custodial time-periods set forth above or the summer vacation set forth below, the parties each shall
be entitled to celebrate the following holidays with the minor child. The below holiday schedule
supersedes and takes precedence over the regular weekend, rygular weekday and summer vacation
physical custodial time-periods set forth in this paragraph 9(a). Following the end of each holiday,
the regular weekend and weekday schedule set forth above shall resume without interruption. The
resumption ofthose schedules without interruption may result in a party having time with the minor
child in excess of the time set forth in the regular weekend and regular weekday physical custodial
time-periods but in an effort to create an atmosphere of predictability for the minor child and the
parties, it is best not to alter the regular weekend and weekday physical custodial time-periods.
(A) Christmas: In every odd-numbered year, the Wife shall have the
physical custody of the minor child from after school or the after school program on the day school
closes for the Christmas holiday until 6:00 PM on December 26 and the Husband shall have the
physical custody of the minor child from 6:00 PM on December 26 until 8:00 PM the Sunday before
school classes resume at the end of the Christmas holiday. In every even-numbered year, the
Husband shall have the physical custody of the minor child from after school or the after school
program on the day school closes for the Christmas holiday uhtil 6:00 PM on December 26 and the
Wife shall have the physical custody of the minor child from 6:00 PM on December 26 until 8:00
PM the Sunday before school classes resume at the end of the Christmas holiday.
(B) Easter: In every odd-numbered year, the Husband shall have the
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physical custody ofthe minor child for Easter from 6:00 PM ttle evening school closes for the Easter
holiday until 8:00PM on Sunday, Easter Day. In every even-numbered year, the Wife shall have the
physical custody ofthe minor child for Easter from 6:00 PM the evening school closes for the Easter
holiday unti18:00PM on Sunday, Easter Day.
(C) Spring Break: In every odd-numbered year, the Husband shall have
the physical custody of the minor child for the child's Spring. Break from school beginning at 6:00
PM the evening school closes for Spring Break until 8:00 PM the evening before school classes
resume at the end of the Spring' Break. In every even-numbered year, the Wife shall have the
physical custody of the minor child for the child's Spring Break from school beginning at 6:00 PM
the evening before school closes for Spring Break until 8:00 PM the evening school classes resume
at the end of the Spring Break.
(D) Thanksgiving: In every odd-numbered year, the Husband shall have
the physical custody ofthe minor child for the Thanksgiving holiday from 6:00 PM the Wednesday
before Thanksgiv.ing through 8:00 PM the Sunday immediately following Thanksgiving. In every
even-numbered year, the Wife shall have the physical custody of the minor child for the
Thanksgiving holiday from 8:00 PM the Wednesday before Thanksgiving through 6:00 PM the
Sunday immediately following Thanksgiving
(E) Mother's Day/Father's Day: The minor child shall be with the
honored parent from 9:00 AM to 8:00 PM on Mother's Day and Father's Day every year.
(iv) Summer Vacation: Notwithstanding the regular weekend and weekday
physical custodial schedule, the parties each shall be entitled to one uninterrupted fourteen (14) day
period or two (2)tminterrupted, non-consecutive seven (7) day periods, whichever each party shall
select, with the minor child each summer vacation from school. The parties shall each select his or
her vacation period by exchanging desired weeks with each other in writing on or before March 15
th
of every year (May 15th of2005 because of the timing of the signing of this Agreement). In the
event there is a conflict in the parties' selections for the period(s) of vacation and the parties cannot
mutually agree fot one party to select another vacation period, the Husband shall select his vacation
period( s) in even-numbered years and the Wife shall select her vacation period( s) in odd-numbered
years. All vacation periods must begin on the first day ofthe vacationing party's regularly scheduled
weekend with the minor child unless otherwise mutually agreed between the parties in writing. The
parties may not extend the fourteen-day or the seven-day periods by attaching them to their regularly
scheduled weekday, weekend or holiday time with the child. Following the end of the vacation
period, the regular weekend and weekday physical custodial schedule set forth above shall resume
without interruption. The resumption of this schedule without interruption may result in a party
having time with the minor child in excess ofthe time set forth in paragraphs 9(a)(i) and 9 (a)(ii), but
in an effort to create an atmosphere of predictability for the minor child and the parties, it is best not
to alter the regular weekend and weekday physical custodial schedule.
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(b) Visitation Transportation: Unless otherwise mutually agreed between the parties,
the Husband shall be solely responsible for transporting the minor child to and from the Wife's home
for all of his physical custodial time outlined in paragraph 9(a) above.
(c) Child Support:
(i) Financial Support: Beginning on the day the Husband vacates the marital
residence pursuant to this Agreement and continuing on the first (1 st) day of each and every month
thereafter, the Husband shall pay the sum of Eight Hundred and Thirty-Three dollars ($833) per
month to be utilized for the support and maintenance of the minor child. Additionally, the parties
shall share in proportion to their current incomes (31.5% by Wife and 68.5% by Husband) all
mutually agreed upon summer camp expenses due from the signing ofthis Agreement forward for
the minor child; neither party shall unreasonably withhold his or her agreement for summer camps.
In negotiating the amount of child support, the parties have taken into account the estates and income
of the parties and the needs of the minor child. At the present time, the Husband is employed full-
time at ATC/V ANCOM Inc. as a manager, with gross earnings of approximately Eighty-Three
Thousand, Three Hundred and Ninety dollars ($83,390) per year and the Wife is employed full-time
at the Town of Chapel Hill as a payroll supervisor, with gross earnings of approximately Thirty-Eight
Thousand, Three Hundred and Thirty-Six dollars ($38,336) per year. The work-related child care
expenses for the ITlinor child, exclusive of summer camps, are approximately Sixty-Six dollars ($66)
per month and the major medical and health insurance premium for the minor child is approximately
One Hundred Twelve dollars ($112) per month. The Husband's obligation to provide this monthly
support shall teI'll):inate when the minor child attains the age of 18 except:
-If the child is otherwise emancipated, payments shall terminate at that time;
-lfthe child is still in primary or secondary school when the child attains age
18, support payments shall continue until the child graduates, otherwise ceases to attend school on a
regular basis, or t ~ i n s age 20, whichever comes first, unless a court of competent jurisdiction in its
discretion orders that payments cease at age 18 or prior to high school graduation; or
-If the child is mentally or physically incapable of self-support upon attaining
the age of 18, support payments. shall continue until the chjld attains the age of 20 or becomes
capable of self-support, whichever first occurs.
(ii) Health Care, Major Medical and Dental Insurance: The Husband shall
continue to m i n t ~ i n health care, major medical and dental insurance on behalf ofthe minor child as
long as his child support obligation set forth in paragraph 9(c)(i) above continues and as long as it
remains reasonably affordable through his place of employment. All un-reimbursed medical
expenses, including all deductibles, incurred on behalf ofthe minor child shall be paid by the parties
equally, to wit: 50% by the Husband and 50% by the Wife-. For the purposes of this paragraph
"medical expenses" shall include health care, medical care, eye care, dental care (including
orthodontia) and mental health care (including therapy and evaluation).
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Promptly following the signing of this Agreement by both parties, the
Husband shall provide the Wife with an insurance identification card, insurance booklet, and claim
forms. Either party presenting the minor child for medical or dental treatment shall promptly
thereafter provide to the other party a copy ofthe statement for such service, including a description
of the services rendered, and shall also file a claim for insurance where applicable. The other party
shall reimburse the first party for his or her share ofthe medical expenses within five (5) days ofthe
service by the medical provider. Upon receiving an explanation of benefits or other information
from the insurance carrier pertaining to any claim, that party shall promptly provide a copy of same
to the other party., All insurance proceeds based upon a claim for services rendered to the minor
child shall be paid over promptly to the medical provider or, ifthe medical provider has been paid, to
reimburse the party or parties (in proportions paid) who had previously paid the medical provider.
(iii) Life Insurance: Unless otherwise mutually agreed in a notarized writing
between the parties, each party shall maintain for the benefit of the child of the marriage a life
insurance policy in the amount of at least Two Hundred and Fifty Thousand dollars ($250,000). The
beneficiary of the policy shall be the other party as trustee for the minor child. Said policy is to be
kept in effect until such time as the minor child attains the age of 18 or graduates from high school,
whichever is later" or the age of twenty-two (22) ifthe child is enrolled in an educational facility as a
full-time student,after which time each party's obligation under this paragraph shall cease and
terminate. Either party as Trustee shall be able to utilize the proceeds of said insurance policy for
any day-to-day expenses incurred for the minor child, for all her basic necessities (food, clothing and
shelter) and for any additional expenses the Trustee deems in the best interest of the minor child,
including but not limited to: education, transportation, and cultural and extra-curricular activities.
(d) Telephonic and ~ M a i l Communication: Beginning immediately, the non-physical
custodian shall have the right to telephone andlor contact the minor child at the physical custodian's
home on a regular basis. All telephone communication shall take place at reasonable hours, taking
into consideration the age, school schedule and other activities of the minor child. If either party
takes the minor child to stay overnight at a place other than his or her home, that party shall notify
the other party and shall telephone the other party during such time period to enable the non-physical
custodian to speak to the minor child via telephone.
Nothing in this Agreement requires either party to provide at his or her expense,
computer and e-mail access to the child. If one party wants e-mail access to the minor child and such
e-mail access is not already available to the minor child, the party wanting such e-mail access may at
his or her own expense provide for the child the tools necessary and the other party shall not in any
way thwart the child from utilizing the same with her parents. All telephone and e-mail
communication between the minor child and each party shall be unsupervised and private.
(e) Concerning the Child's Welfare Further:
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(i) . The parties shall cooperate effectively and consistently with each other toward
the best interest of the child.
(ii) The parties shall share joint decision-making regarding major decisions for the
child's education, health care, religious training and general welfare. The parties shall enter into
discussions regarding major decisions for the child in good faith and shall make every effort to reach
a mutual decision for the child's best interests.
(iii) When the child is in the physical custody of either party, that party shall have
the right to make and shall have the responsibility for making the minor, day-to-day and routine-type
decisions in connection with the child. Both parties shall keep the child in a clean, wholesome and
appropriate environment at all times when in his or her care, free from the use of illegal drugs,
excessive use of prescription drugs, excessive use of alcohol or from any condition hazardous to the
welfare of the child.
(iv) Neither party shall schedule extracurricular activities for the minor child or
commit the minor child to participate in extracurricular activities during the other party's period of
physical custody without the prior, written consent of the other party. Further, unless otherwise
mutually agreed in writing, except for "show-like" events (i.e. soccer games, recitals, plays, etc.), the
routine activities (i.e. soccer practice, music lessons, etc.) ofthe minor child shall be attended only
by the physical custodial parent. All "show-like" events (i.e. soccer games, recitals, plays, etc.) may
be attended by either or both of the parties, each party deciding in his or her discretion as to whether
he or she shall attend.
(v). The parties shall timely advise each other of the child's grades, progress in
school, health andwelfare. Each party shall be given direct access to the child's medical, dental and
school records and reports and each party shall be responsible to obtain copies of such records and
reports on his or her own accord. Further, both parties may attend "show-like" events at school. If
the minor child is not required by the school to participate in the school event, however, the physical
custodian on the day of the event shall decide whether the minor child will attend such an event.
(vi) Each party shall have direct access to the child's doctors, dentists, teachers and
any other individual directly related to the well-being ofthe thinor child and, except for the parties
having to notify e;ach other of the minor child's medical care providers and enrollment in school,
each party shall be responsible to contact on his or her own initiative any individual directly related
to the well-being ()f the minor child.
(vii) Both parties shall keep the other informed of the health of the minor child.
The parties shall promptly inform the other party of any serIous illness andlor injury to the child
which requires attention .. Both parties shall provide e.ach other with any medications which
the child is taking.at the time ofthe transfer of the child. Both parties shall provide each other with
sufficient information to allow the other party to obtain refills of that medication.
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(viii) Each party will act in every respect so as to nurture and encourage the respect
and affection of the minor child for each of her parents and of her parents' families. Neither
party shall disparage, nor permit third parties to disparage, the other party or his or her family in the
presence or hearing of the child or communicate his or her dissatisfaction with the other party
through the
10. COVENANT OF FULL DISCLOSURE: Each party covenants with and represents
to the other that she or he has made a full and fair disclosure of all property and interest in property
owned or believed to be owned by her or him. If it be determined that a party did not disclose the
existence of a cortect valuation for property andlor interest'in property owned or believed to be
owned by her or him, the property or value thereof as ofthe date of this Agreement or as ofthe date
of distribution (whichever is greater), shall be divided equally between the parties. The person to
whom the correct valuation andlor interest in property was not disclosed shall make the decision as
to whether he/she receives one-half ofthe property or one-half ofthe value ofthe property described
above. The parties further agree that the property distributions set forth in this Agreement are fair
and equitable and satisfy all ofthe requirements of the North Carolina laws of equitable distribution .
.
11. PROPERTY DIVISION AND SETTLEMENT: It is the intent and the desire of
the parties to make an equitable distribution and partition of their jointly-owned, marital and
divisible assets and liabilities and they do hereby agree to the following equitable distribution and
partition:
(a). MARITAL RESIDENCE: The parties currently own as tenants by the
entirety the marital residence located at 218 Tripp Farm Road, Chapel Hill, Orange County, North
Carolina. Simultaneously, the signing of this Agreement, the Husband shall execute a Special
Warranty Deed conveying to the Wife all of his right, title and interest in and to the former marital
residence. Thereafter, the Wife shall retain said residence as her sole and separate property. As
soon as the Wife is eligible to do so, she shall refinance the current mortgage and equity line, both
with the State Employee's Credit Union, in order to remove the Husband's name therefrom. Until
such time, the Wife will be solely responsible for the payments for the mortgage and equity line,
indemnifying and holding the Husband harmless for the same.
(b)' VEHICLES.
(i) 2005 Toyota Camry. The Wife shall retain as her sole and separate
property the 2005 Toyota Camry currently in her possession. The Wife shall be solely responsible
for any liabilities ,thereon and shall indemnify and hold the Husband harmless for any claims
therefor. The Husband shall immediately sign any documentation presented to him that may be
necessary to transfer the title of said vehicle into the Wife's sole name .
.
(ii) 1998 Ford Truck. The Husband shall retain as his sole and separate
property the 1998 Ford Truck currently in his possession. The Husband shall be solely responsible
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for any liabilities thereon, indemnifying and holding the Wife harmless for any claims therefore. The
Wife shall immediately sign any documentation presented to her that may be necessary to transfer the
title of said vehicle into the Husband's sole name.
(c) CASH AND INVESTMENT ACCOUNTS. The Husband and Wife shall
each retain as his or her separate property any and all checking accounts, savings accounts, money
market funds and any other non-retirement investment funds currently maintained in his or her
individual name or for his or her individual benefit. Neither'party now has, nor in the future shall
have, any claim to' such property in the possession of or maintained for the benefit of the other party.
I
(d) PENSION. RETIREMENT AND IRA ACCOUNTS. The Husband shall
retain as his sole and separate property the two Roth IRAs maintained at MFS. The Wife shall sign
any documentation presented by the Husband to transfer these funds into his name. Except for these
two Roth IRAs, the Husband and Wife shall each receive one-half of all retirement funds acquired
during their marriage (from date of marriage to the date of separation), plus or minus any passive
growth or loss thereon from the date of separation until the date of distribution. Presently the marital
retirement funds are held on behalf of the Wife with Prudeptial and the NC Local Government
Retirement System and on behalf of the Husband with Financial Network, New York Life, ATC
Deferred and Sup Retire and the N.C. Local Government Retirement System. As
soon as possible after the signing of this Agreement, the Husband and Wife shall meet with their
financial advisor to determine the most practical way to make this division. In the event the parties
cannot agree how to equally divide all the marital retirement funds, each and every marital retirement
fund shall be equally divided by a Qualified Domestic Relations Order prepared by the Wife's
attorney. Any legal fees incurred by the Wife to divide the marital retirement funds shall be paid by
the parties in equal shares. Within five (5) days of the. Wife providing the Husband with
documentation for such expenses, the Husband shall reimburse the Wife for his one-half share of
such expenses.
(e) PERSONAL PROPERTY. The Husband and Wife shall work together to
equally divide all ofthe marital personal property. Ifthe parties are unable to agree on the division
of the personal property, they will first attempt to reasonable the division by mediation. Ifmediation
fails, then the parties will submit this issue to binding arbitration. In the event the personal property
division is not resolved or in mediation or arbitration wilhin 60 days of the signing of this
Agreement, each party shall retain as his or her sole and separate property all personal property in his
or her possession or maintained by a third party for his or her benefit.
(t) j ALL OTHER PROPERTY. The parties have heretofore equitably divided
any and all property acquired by them, or either of them, during the marriage. Neither party now has,
nor in the future shall have, any claim to any such property in the possession of, or maintained for the
benefit of, the other party. Both parties hereby and forever w<J.ive any claim he or she may have to a
court-ordered equitable distribution of the marital property between the parties in accordance with
the provisions of North Carolina law or the law of any other State in the United States.
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12. DEBTS: Except for the debts secured by the marital residence and the vehicles, all of
which are addressed above, there are no marital debts of the parties (because the Husband has paid
from his recently received bonus the full downpayment required for Lindsi's braces and the parties'
2004 tax obligations). From the signing of the Agreement forward, the Husband and Wife shall
establish his or her own separate debt accounts. Neither party shall hereafter charge, or cause, or
permit to be charged to or against the other, any purchase which either he or she may hereafter make,
and shall not hereafter create any engagement or obligations in the name of or against the other party
and shall never hereafter secure or attempt to secure any credit upon or in connection with the other
party or in his or her name; and each of them will promptly pay all debts and discharge all financial
obligations which he or she may incur for himself or herself and will hereafter hold the other party
free and harmless and indemnifY the other party from any and all subsequent debts, obligations or
liabilities which each may incur or sustain.
13. TAX FREE EXCHANGE: The parties believe and agree that the division of
property heretofore made by this Agreement is a nontaxable division of property between co-owners
under 1 041 of the Internal Revenue Code of 1986 and successive provisions rather than a taxable
sale or exchange of property. Each party covenants not to take any position with respect to the
adjusted basis ofthe property assigned to him or her which is inconsistent with this provision in his
or her federal or state tax return.
14. INCOME TAXES: Beginning in the tax year 2005, the parties herein shall file
separate and individual income tax returns. Further, the Wife shall receive all tax exemptions,
credits and benefits available under the Internal Revenue Code pertaining to the child of the
marriage, unless the Husband elects to pay to the Wife the sum she would lose if she gave the
exemptions, credits and tax benefits to the Husband. If the Husband makes such an election, the
Husband shall pay to the Wife the sum she is due at the time the Wife signs the necessary forms to
release such exemptions, credits or tax benefits.
Alternatively, the parties may elect to file joint federal and state income tax returns for
any taxable period in which they mutually agree to do so and in which it is legal to do so under the
Internal Revenue Code and appliCable state law. In the event that the parties elect to file joint tax
returns, the r t i e ~ shall furnish such information and assistance to each other as is required for the
accurate completion of such returns, and both ofthe parties shall execute such returns. The Husband
and Wife shall each compute his or her own federal and state income tax liability using his or her
own wages and other profits, earnings and other items of income for the tax year involved, taking
into account the deductions and exemptions attributable to him or her, and using the appropriate tax
rate. . The Husband and Wife shall each become liable for a percentage of the federal and state
income tax liabilities shown on the joint returns, computed py respectively comparing his or her
individual federal and state income tax liabilities as if filing separately to the sum of Husband's and
Wife's federal and state income tax liabilities if they file jointly. The parties shall share any refund
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or responsibility for any deficiency computed in accordance with the formula hereinabove set out,
crediting to each the amount withheld from his or her earnings and the amount of estimated tax paid
by each, if any. Any refunds from prior year returns applied to taxes for the current year shall be
allocated and credited in accordance with the formula hereinabove set forth. The obligations of the
parties for the payr;nent of additional assessments, interest or back taxes, with respect to all j oint tax
returns filed in the future, shall be determined in accordance with the formula hereinabove set out;
provided, however, that neither party shall be liable for any taxes, penalties or interest relating to the
income, deductions or omissions of the other party, and each party hereby indemnifies and holds
harmless the otherparty for any such assessment or other incurred in connection with such
assessment.
15. ADDITIONAL INSTRUMENTS: Each ofthe parties shall from time to time, atthe
request ofthe other, execute, acknowledge and deliver to the other party any further instrument that
may be reasonably required to give full force and effect to the provisions ofthis Agreement.
16. PERMANENT ALIMONY: Each party hereby acknowledges that the Wife is
dependent upon orin need of maintenance and support from the Husband and that the Husabnd is the
supporting spouse. Beginning on the day the Husband vacates the marital residence, and continuing
on the first of each and every month thereafter, the Husband shall pay to the Wife the sum of Five
Hundred and Fifty dollars ($550) per month as permanent alimony. This alimony shall be income to
the Wife and deductible to the Husband for tax purposes. The Husband's obligation to pay this
alimony to the Wife shall terminate at the sooner of:
- the death of the Husband or the death oftheWife;
- the remarriage of the Wife or the Wife's "cohabitation" as that term is defined by
North Carolina law;
-December 31, 2012 (seven years and eight months from the signing of this
Agreement).
The Husband's obligation for this permanent alimony shall be non-modifiable by any Court.
17. INTEGRATION: All ofthe provisions contained in paragraphs 10 through 16 are
inseparable from ,each other and . are mutually dependent uppn each other and each paragraph is
respectively given as a reciprocal consideration for all ofthe other paragraphs. It is the intent ofthe
parties that these numbered paragraphs be integrated with each other and not be modifiable by any
court. Excepting only these paragraphs specifically designated as being integrated, all of the
remaining paragraphs of this Agreement are independent and completely separable, and if any of
these non-integrated and separable provisions is held to be invalid or unenforceable, or is
subsequently modified, then all of the remaining independent and separable provision of the
Agreement shall, nevertheless, continue in full force and effect.
18. RECONCILIATION: In the event the Husband and Wife end their separation by
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reconciliation and resumption of rna rita 1 cohabitation, the provisions of this Agreement
shall be thereby canceled and rescinded, but all provisions hereof which have been executed or
partially executed;at that time, shall, to the extent of complete perfonnance, continue in full force
and effect unless apd until they are canceled or rescinded in a written agreement duly signed by both
Husband and Wife in the same fonnality as this Agreement.
19. SUBSEQUENT DIVORCE: This Agreement is unconditional and shall survive any
subsequent divorce decree obtained by either party, and no such decree shall terminate, modify or
otherwise affect the rights and obligations provided for, herein. This Agreement shall be
incorporated into any divorce decree obtained by either party.
20. VOLUNTARY EXECUTION: Each party acknowledges that this Agreement is
entered into of his or her own free will and volition and that no coercion, force, pressure or undue
influence has been used against him or her, either by the other party hereto or by any other person or
persons in the execution of this Agreement. Neither party has relied upon any representation or
promise in making this Agreement except those expressly set forth herein.
21. WAIVER OF GRIEVANCES: Any conduct on the part of either party occurring
prior to the executjon ofthis Agreement which may have constituted a basis for any legal claim by
either party against the other party is hereby waived and released and will not be used by either party
against the other party in any future proceeding between them.
22. JURISDICTION: Each party hereby submits herself or himselfto the jurisdiction of
the courts of the State of North C;:trolina in any future action prought by either party to enforce the
23. SITUS: All matters affecting the interpretation ofthis Agreement and the rights of
the parties hereto in relation to this Agreement shall be governed and controlled by the laws ofthe
24. ENFORCEMENT OF AGREEMENT: In the event either party is in any way in
breach ofthis Agreement, said party shall be given written nGtice ofthe breach and shall have five
(5) days to comply with the terms of this Agreement. In the eventsaid party fails to comply, the
other party shall be free to take all action necessary to enforce this Agreement, including but not
limited to taking court action. In such event, the noncomplying party shall be responsible for all
costs and expenses incurred to enforce this Agreement, including but not limited to 10% interest on
any sums due, reasonable attorneys' fees, court costs and loss of income.
Further, each party stipulates and acknowledges that he or she has had ample
opportunity to participate in the drafting of this Agreement. 'In this regard, in the event a court of
competent jurisdiction determines that there is an ambiguity in this Agreement, such ambiguity shall
not be decided in one party's favor because the other party's attorney drafted this Agreement.
13

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25. RECORDATION OF AGREEMENT: This Agreement shall be recorded within
ten (10) days of the signing of this Agreement.
26. LEGAL REPRESENTATION: The parties to this Agreement agree and stipulate
that Donna Ambler Davis of Donna Ambler Davis, P.C. of Chapel Hill, North Carolina, represents
the Wife, the Husband has agreed and elected to proceed with the negotiations and execution ofthis
Agreement without counsel. The Husband agrees and stipula\es that it would be in his best interests
to have and obtain separate counsel, however, he has freely and voluntarily decided and elected not
to retain separate and individual counsel, but rather to proceed without same. The Husband further
agrees and acknowledges at this time that Donna Ambler Davis has provided him with no legal
advice and that he understands the contents ofthis paragraph fully. In this regard, each party has had
sufficient opportunity to discuss the terms ofthis Agreement with his or her respective counsel prior
to its execution. Further, the parties agree and understand that Donna Ambler Davis is not a tax
specialist nor is she a Certified Public Accountant and, therefore, each party should seek the advice
of tax professionals with regard to the tax consequences of this Agreement.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and
year first above set forth, in triplicate originals, containing this and the thirteen (13) preceding pages,
one original copy ofthis contract of separation being retained by each ofthe parties hereto/and one
being retained by Donna Ambler Davis, P.C.
i lllJlL.<L (SEAL)
Diane K. McClellan
(SEAL)
obert S. McClellan
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NORTH CAROLINA
.f\laNlIDC) COUNTY
20050527000185510 SEPIA
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. I, U, Notary Public for said County and State, do hereby certiJY that
Diane K. cClellan did appear before me this day and acknowledged the due execution
of the foregoing instrument.
Witness my hand and official seal this the day 2005.
NORTH CAROLINA
< COUNTY
Notary Public for said County and State, do hereby certify that
Robert S. McClellan did personally appear before me this day and acknowledged the due execution
of the foregoing instrument.
Witness my hand and official seal this 2005.

15
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My commission expires:
..
Joyce H. Pearson
Register of Deeds
Orange County
North Carolina
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The foregoing certificate(s) of CALLIE MCDADE HILL, NOTARY PUBLIC for the Designated
Governmental units is/are certified to be correct. See filing certificate herein.
This day May 27,2005.
B Y a ~
Deputy / .. tWistmt Register of Deeds
Orange County
MORECRAFT
1111111111111111111111111111111111111111111111111111
20060509000056400 SEP 1 A
Bk:RB4024 Pg:282
05/09/2006 11: 55: 11AM 1/22

Prepared by:Susan H. Lewis
flllUI
FOR OF DEEDS
DURHAM COUNTY, NC
2005 NOV 18 01 :49:42 PM
BK: 5024 PG: 358-379 FEE: $74.00

Return to: Wm. Griffin Graves, III, 1414 Raleigh Road, Suite 320,
NORTH CAROLINA Chapel Hi 11, NC 7.7517
ORANGE COUNTY
/' AND PROPERTY SETTLEMENT
. q 1 4 ( - 3\.( b L f'+-
THIS AGREEMENT, entered into this day of November, 2005,
between ANDREW JAMES MORECRAFT ("Husband"), whose address is 112
Deerwood Court, Chapel Hill, North Carolina, 27514 (the "Residence"), and
PATRICIA BIENVENU MORECRAFT ("Wife"), whose address is 4100 Five
Oaks #32, Durham, North Carolina, 27707.
WIT N E SSE T H:
The parties were lawfully married in Barbados, British West Indies
on the 12th day of August, 1985.
There has been issue of the marriage, namely, TODD RICHARD
MORECRAFT, born November 4, 1988 ("the Older Son"); KATY ALLYSON
MORECRAFT, born July 31, 1990 ("the Daughter"); and JAMES ANDREW
MORECRAFT, born June 7, 1996 ("the Younger Son"), (referred to herein
collectively as the "Children").
The parties separated on date of this Agreement. The parties wish
to continue living apart and therefore they desire to settle their respective
support and property rights and agree on terms for the custody, support,
maintenance, and education of the Children.
NOW THEREFORE, in consideration of the premises and the mutual
promises and undertakings hereinafter set forth, and other good and valu-
able consideration, the parties agree as follows:
Morecraft: Separation Agreement
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LIVING SEPARATE AND APART
2
1. Separation. The parties shall continue to live separate and apart in the
future, free from interference by each other.
2. No Interference. The parties shall not molest or interfere with each
other, nor shall either of them compel or attempt to compel the other to
cohabit or dwell with him or her, by any means whatsoever.
PROPERTY SETTLEMENT
3. Personal Property. The parties hereby make the following disposition of
their personal property.
3.1. Household Effects. The parties have divided between
themselves to their mutual satisfaction all household effects.
3.2. Automobiles. The parties own the following automobiles: (1) a
2002 Toyota Highlander (the "Highlander"); (2) a 2004 Toyota Sienna (the
"Sienna"); (3) and a 1995 Nissan Maxima (the "Nissan"); title to each of
which is in the Husband's name only.
Simultaneously with signing this Agreement, the Husband will
transfer the title of the Sienna to the Wife.
The Wife hereby releases any claim or right she may have to the
Highlander and the Nissan and agrees that the Highlander and the Nissan
shall be the Husband's sole and separate property from and after the date
this Agreement is signed by both parties.
The Husband hereby releases any claim or right he may have to the
Sienna and agrees that the Sienna shall be the Wife's sole and separate
property from and after the date this Agreement is signed by both parties. -- --
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3.3. Bank Accounts. Each party acknowledges that there are no
checking or savings accounts in their joint name in any bank anywhere.
Each party hereby waives any right, title or interest he or she may have or
claim to any savings or checking account which the other party in his or her
sole name, or with any other person jointly, has had or may have in the
future in any bank anywhere.
3.4. Investment Accounts. The parties own in the Husband's name
a stock portfolio containing the stocks listed on Schedule A ("the Schedule
A Stocks")' having an agreed-upon fair market value of FIFTEEN THOU-
SAND and NO/ 100 DOLLARS ($15,000.00) as of the date hereof. The
parties agree to sell SEVEN THOUSAND FIVE HUNDRED DOLLARS' ($7,500)
worth of the Schedule A Stocks and to distribute such SEVEN THOUSAND
FIVE HUNDRED DOLLARS ($7,500) to the Wife on or before November 18,
2005. All Schedule A Stocks remaining in the Husband's name shall be his
sole and separate property, free of any claim by the Wife.
3.5. The Husband's 401{k). The Husband is the owner of certain
vested rights under a defined contribution plan with URS Corporation,
namely the URS Corporation 401(k} Plan (the "Husband's 401(k) Plan"}. The
parties acknowledge that the Husband's rights under the Husband's 401 (k)
Plan are marital property within the meaning of the North Carolina
Equitable Distribution Act, N.C.G.S. Section 50-20, as amended. The
parties agree that the value of the Husband's 401(k) Plan as of October 26,
2005, .
without regard to any
account reduction caused by loans or withdrawals taken by the Husband
from the Plan. As part of the division of marital property between the
parties, the parties agree to execute the Domestic Relations Order attached
- -------------------------------------
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4
hereto as Exhibit A, distributing one-half the value of the Husband's 401 (k)
Plan as of the date of separation. In exchange for the Husband's agreement
to execute the attached Exhibit A, the Wife agrees to waive any and all
claim or right she may have now or become entitled to in the future to the
portion of the Husband's 401(k) Plan not assigned to her in the attached
Exhibit A. Each party agrees to execute any and all further documents and
waivers which may be necessary to give full force and effect to this
Paragraph 3.5.
3.6. Roth Retirement Accounts. Each party owns in his or her
separate name Roth individual retirement accounts with Ameritrade ("IRA"),
each Roth IRA having an approximate value of THREE THOUSAND DOL-
LARS ($3,000). Each party hereby waives all his or her right, title and
interest in and to the other party's Roth IRA, absolutely and forever.
3.7. The Husband's Stock Options. The Husband owns the URS
stock options listed on Schedule B attached hereto ("the Stock Options").
The parties agree that the Husband will provide the Wife with complete
information concerning the Stock Options, including the maturity date of
each option, and the option prices of each option on Schedule B. The
. parties have already exercised Items 1 and 2 on Schedule B. As to Items 3
and 4, the Wife shall have the right to request in writing that the Husband
exercise such options when they mature to the extent of fifty percent (50%)
of the shares represented therein. Upon receipt of the Wife's request that
he exercise a Stock Option, the Husband shall promptly take all steps nec-
essary to exercise it, to the extent of the number of shares requested by the
Wife (not to exceed fifty percent). Upon receipt of any proceeds from such
exercise of the Option, the Husband shall forward such proceeds to the
Wife, after first deducting therefrom any (i) transfer fees incurred as a result --------------------------------- ----- ---- ------------------------ -_ .. - ----- ----
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of the exercise of such Stock Option and (ii) any capital gains taxes attrib-
utable to the exercise of such Stock Option at the Wife's behest (such capi-
tal gains taxes to be calculated by a CPA acceptable to both parties and half
of whose fee each party shall pay). The Husband understands that any sale
of stock resulting from the Wife's request to exercise a Stock Option shall be
reportable on the Husband's tax return and he shall be responsible for pay-
ing the taxes thereon.
3.8. The Wife's North Carolina State Employees' Retirement
Account. The Wife owns in her name a North Carolina State Employees'
Retirement Account. However, the Wife is not vested in said retirement
account and it is of nominal value. The Husband hereby releases all his
right, title and interest in the Wife's North Carolina State Employees'
Account, absolutely and forever.
3.9. The Husband's Bonus. The Husband may receive from his
employer a bonus attributable to his work during 2005 (lithe Husband's
Bonus"). The parties acknowledge that the Husband's Bonus, if any, is
marital property and that the wife is entitled to a distribution of one-half
the after-tax value thereof. Accordingly, the Husband agrees that if and
when he receives a bonus for 2005 from his employer, he will notify the
Wife thereof and will distribute one-half thereof to the Wife, after deducting
all federal and state income taxes attributable thereto.
3.10. General Release of Claims Against Personal Property. Except
as provided herein specifically to the contrary, each of the parties shall
own, have and enj oy , independently of any claim or right of the other party,
all items of personal property belonging to him or her and now in his or her
possession, or which may hereafter belong or come to him or her, with full
"
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power to him or her to dispose of the same, as fully and effectually in all
respects and for all purposes, as though he or she were unmarried.
4. Credit Cards. The parties agree to close all charge accounts held in
their name jointly, and each party will return to the other any credit card
he or she is now holding on any charge account in the other party's name.
Neither party shall have any right to make any charge on any charge
account in the other party's name, and a party who does make any such
charge shall reimburse, indemnify and hold harmless the other party
for any costs incurred by him or by her as a result of any such charge.
Simultaneously with signing this Agreement, the Wife will return to
the Husband all credit cards in her possession that are issued to the Wife
on charge accounts that are in the Husband's name only.
5. Debts. Each party represents and warrants to the other that he or she
has not heretofore incurred any debts or obligations for which the other
party or the other party's estate may be charged or held liable, and each
party agrees to fully reimburse the other party or the other party's estate
for any liability so incurred and not disclosed hereunder.
6. Real Property. The parties are owners as tenants by the entirety of the
,Residence. The following disposition shall be made of the Residence:
6.1. Occupancy. The Husband shall have the sole and exclusive
right to occupy the Residence until April 15, 2006, by which time either (i)
the Husband shall have purchased the Wife's interest therein, as provided
in Paragraph 6.3; or (ii) the Residence shall have been placed on the market
for sale, as provided in Paragraph 6.4. If the Husband elects not to pur-
chase the Wife's interest in the Residence, his right to exclusive occupancy
shall continue until the Residence is sold pursuant to Paragraph 6.4.
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6.2. Financial Responsibility During Occupancy. During the period
of the Husband's exclusive occupancy of the Residence, the Husband shall
be solely responsible for all charges and expenses owing or incurred in
connection with the Residence, including, but not limited to, the monthly
mortgage payments to SunTrust Mortgage Company, county and city per-
sonal and real property taxes and assessments, homeowner's fire insurance
and comprehensive liability insurance premiums, and any and all costs of
maintenance and repair which the Husband deems necessary for upkeep of
the Residence, and the Husband will indemnify the Wife and hold her harm-
less for any and all claims and demands of every kind arising out of, or in
connection with, the Residence.
6.3. Purchase of Wife's Interest in the Residence. The Husband
shall have the right to purchase the Wife's interest in the Residence at
any time before April 15, 2006 on the following terms and conditions:
The Husband shall notify the Wife in writing no later than March 1,
2006 that he is electing to purchase the Wife's interest in the Residence (as
defined hereinafter). The Husband shall then have the forty-five (45) days
to obtain financing to purchase the Wife's interest in the Residence. The
. parties agree that for purposes of this Paragraph 6.3, the fair market value
of the Residence is
The parties agree that the said fair market value shall be
reduced by the amounts outstanding, at the time the Husband purchases
the Wife's interest, on (il that certain promissory note executed by the
parties and payable to SunTrust and representing the balance due on
the purchase price of the Residence; and (ii) that certain equity line to
SunTrust. The resulting remainder shall be halved. The product shall be
the "Purchase Price for the Wife's Interest."
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If the Husband has notified the Wife on or before March 1, 2006
that he is electing to purchase the Wife's interest, he shall pay the Wife
8
the Purchase Price for the Wife's interest in cash on or before April 15,
2006. Upon receipt of the Purchase Price for the Wife's Interest (and in
exchange therefor), the Wife shall deliver to the Husband a quitclaim deed
of the Wife's interest in the Residence, containing the terms and in the
form of Exhibit B attached hereto. The Husband agrees to refinance the
first mortgage against the Residence and to remove the Wife from liability
thereunder at the time he purchases the Wife's interest in the Residence.
6.4. Sale of the Residence. If the Husband has not notified the Wife
by March 1, 2006 that he is electing to purchase the Wife's interest in the
Residence, the parties will place the Residence on the market for sale on
March 1, 2006 at an asking price of
Upon the sale of the Residence, the
parties will pay in full the mortgage debt against the Residence held by
SUNTRUST and all of the charges associated when selling the Residence.
The parties will then divide between themselves the net proceeds from the
sale of the Residence by distributing fifty percent (50%) to the Husband and
fifty percent (50%) to the Wife. The parties agree that_
is an acceptable selling
price for the Residence, and will accept any cash offer that equals or
exceeds that amount.
7. Free Enjoyment and Alienation. Each party shall hereafter own, have
and enjoy independently of any claim or right of the other party, all items of
real or personal property, tangible or intangible, now or hereafter belonging
to him or her, in his or her own name singly or with a third party, and now
or hereafter in his or her possession, with full power in him or her to dis-
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9
pose of the same as fully and effectually in all respects and for all purposes
as though he or she were unmarried.
Each party may at all times hereafter purchase, acquire, hold,
possess, encumber, convey, or otherwise dispose of any and all kinds and
classes of property, both real and personal, in his or her name, as though
unmarried, and free from the consent, joinder, or interference of the other
party, in the same manner and to the same extent as though they had never
been married. Each party agrees to execute, acknowledge, and deliver to
the other at his or her request, whatever instruments as may be reasonably
necessary to enable the other party conveniently to dispose of and convey
any of his or her property, either real or personal, but this obligation shall
not be construed to impose on the accommodating party any personalliabil-
ity with respect to warranty of title or otherwise, and shall be required only
to the extent reasonably necessary for one party further to release his or
her interest in the property of the other and further to evidence his or her
consent to such disposition of the property by the other.
8. Transfer of Property Without Joinder of Spouse. It is understood and
agreed that, in any sale, transfer or conveyance by either of the parties
. hereto of any real or personal property now owned or hereafter acquired by
such party, it shall not be necessary in order for the grantee or transferee
to have a good title that the other party hereto sign and execute the deed,
deed of trust, mortgage, bill of sale or other instrument of transfer for the
sale or conveyance of said property. Each of the parties hereto hereby re-
leases to the other all right, title and interest that he or she may now or
hereafter have in any real or personal property now owned or hereafter
acquired by the other, and, with regard to any such property, each shall be
in the same position and status as if such party were single and unmarried,
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and as if the marriage between the parties had never taken place. However,
each of the parties hereto will, at any time or times hereafter, make, execute
and deliver any and all further instruments as the other party shall rea-
sonably require for the purpose of giving full effect to the covenants, pro-
visions and agreements of this Paragraph 8.
9. Free Trader. The parties agree that each of them shall hereafter be free
to convey any interest in real estate which he or she may have, but neither
party desires to waive his or her estate rights at this time.
Therefore, the parties hereto agree that in the event either of them,
at any time hereafter, requests the other to sign, execute or otherwise
consent to any conveyance, sale, transfer, alienation or encumbrance of
any or all property now owned or hereafter acquired by such party, the
other party will, without delay, execute any and all documents necessary
to effectuate such conveyance, sale, transfer, alienation or encumbrance,
without requesting or demanding any compensation, remuneration or
consideration therefor.
10. Waiver of Estate Rights.
10.1. Release of Rights by Husband. The Husband does hereby
. waive, quitclaim, discharge, release and relinquish unto the Wife, her heirs,
tive share of the estate of the Wife upon her death; (2) all and every right
to elect to take a life estate in real estate belonging to the Wife upon her
death; (3) all and every right to dissent from any will of the Wife upon her
death; (4) all and every right to a year's allowance upon the death of the
Wife; (5) all and every right to administer upon the estate of the Wife upon
her death; and (6) all other rights or interests in property, both real and
personal, which the Husband now has or may hereafter acquire, rising out
.'
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11
of or accruing to the Husband by reason of the death of the Wife under the
existing or future laws of any jurisdiction whatsoever.
10.2. Release of Rights by Wife. The Wife does hereby waive,
quitclaim, discharge, release and relinquish unto the Husband, his heirs,
execu tors, administrators and assigns: (1) all and every right to a dis-
tributive share of the estate of the Husband upon his death; (2) all and
every right to elect to take a life estate in real estate belonging to the
Husband upon his death; (3) all and every right to dissent from any will of
the Husband upon his death; (4) all and every right to a year's allowance
upon the death of the Husband; (5) all and every right to administer upon
the estate of the Husband upon his death; and (6) all other rights or inter-
ests in property, both real and personal, which the Wife now has or may
hereafter acquire, rising out of or accruing to the Wife by reason of the
death of the Husband under the existing or future laws of any jurisdiction
whatsoever.
11. Waiver of Rights Under N.C.G.S. Section 50-20. Each party has been
advised of his or her rights under North Carolina law to an equitable dis-
tribution of the parties' marital property. Each party acknowledges that the
" property division contained in this Agreement is fair and equitable in light
of all the circumstances of the parties' situation as of the date hereof and of
their marriage. In consideration for the provisions of this Agreement and
the distribution of marital property to be made to the parties hereunder,
each party hereby waives any and all claim or right to an equal or equitable
distribution of the parties' marital property pursuant to N.C.G.S. Section
50-20, as amended, or under the present or future laws of any state"what-
soever and further agrees to accept and accepts the property settlement
terms of this Agreement as a full, fair, final and complete settlement of
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any and all property rights which such party has had, has or may acquire
in the future by virtue of or arising out of his or her marriage to the other.
ALIMONY
12. Alimony. The Husband shall pay to the Wife, as alimony for her
support and maintenance, the monthly sum of SIX HUNDRED Dollars
($600) on the fifteenth (15th) day of each month, beginning with the
fifteenth (15th) day of the first month following the signing of this
Agreement and continuing until and including the fifteenth (15th) day of the
one hundred twentieth (120th) consecutive month thereafter; provided,
however, that the Husband's alimony payments hereunder will be reduced
according to the following formula: There shall be no reduction in support
payments due hereunder for the first TWO THOUSAND FIVE HUNDRED
Dollars ($2,500)
of the Wife's gross monthly earnings. Thereafter, for each additional dollar
earned by the Wife each month, the Husband shall reduce his monthly
support payment by the sum of FIFTY Cents ($.50). For example, if the
. Husband is paying support in the amount of SIX HUNDRED Dollars ($600)
a month and the Wife is earning TWO THOUSAND FIVE HUNDRED Dollars
($2,500) a month, there shall be no reduction in support. If the Wife is
earning TWO THOUSAND SIX HUNDRED Dollars ($2,600) a month, there
shall be a FIFTY Dollar ($50) monthly reduction in support payments.
Adjustments in the Husband's alimony obligation under this Paragraph 12
shall be made upon a significant change in salary of the Wife or at a
minimum once a year in April, beginning April 2007, and shall be based on
the Wife's W-2 for the immediately preceding tax year, and shall be pro-
.'
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spective from May 1 of the year in which the adjustment is made. The
Husband's obligation to pay any alimony, support or maintenance to the
Wife shall terminate on the first to occur of any of the following events:
(i) the Husband's death; (ii) the Wife's death; (iii) the Wife's remarriage; or
(iv) the Wife's attaining a gross annual earned income of FORTY-SEVEN
THOUSAND DOLLARS ($47,000), unless sooner terminated under the
preceding sentence.
13. Waiver of Alimony and Support Claims. Except as provided in Para-
graph 12 of this Agreement, each party in consideration of the provisions of
this Agreement, hereby releases and relinquishes any claims or rights he or
she may have or may hereafter acquire to support, alimony or maintenance.
Each party agrees that he or she will not incur or contract any debts here-
after for his or her own benefit upon the credit of the other, and neither
. .
party shall be responslble for the payment of any debts hereafter created by
the other.
. 14. Joint Custody. The parties shall have joint legal and physical custody
of the Children. The Husband agrees that he will continue to reside in the
East Chapel Hill School District through December, 2007, so that the
Children may remain in the Chapel Hill Schools without the Wife having
to move to Chapel Hill. No specific schedule for exercising joint physical
custody privileges is set out herein, it being the intent of the parties to
arrange said schedule at such times as are mutually convenient for the
parties and in the best interests of the health, education and welfare of the
Children. Should any dispute arise with respect to visitation rights, the
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parties will attempt to mediate said dispute in a manner that is in the best
interests of the Children, and they agree to engage in a good faith mediation
before filing any court action.
15. Child Support.
15.1. Base Monthly Payments. Beginning immediately, the
Husband shall pay to the Wife for the support and maintenance of the
Children the monthly sum of EIGHT HUNDRED TWENTY-SEVEN DOLLARS
($827). These payments shall be due no later than the fifteenth (15th) day
of each month.
15.2. Duration. The payments shall commence with the month
of December 2005 and shall continue until the Older Son reaches his
eighteenth (18th) birthday, or later graduates from high school before age
twenty (20), at which time the parties will recalculate the Husband's child
support obligation for two children under the North Carolina Child Support
Guidelines then in effect and based on each party's then gross income from
all sources as reflected on his or her most recent pay stub (excluding the
Husband's bonus for the year in question). After such recalculation, the
Husband shall pay such recalculated child support sum to the Wife until
. the Daughter's eighteenth (18th) birthday or later graduation from high
school before age twenty, at which time the parties will again recalculate
the Husband's child support obligation for one child under the North
Carolina Child Support Guidelines then in effect and based on each party's
then gross incomes from all sources as reflected on his or her most recent
pay stub. The Husband shall thereafter pay such child support sum for
one child for a period of three calendar years from the date of most recent
recalculation, at which time the parties will again recalculate child support
for one child based on the North Carolina Child Support Guidelines then in
'
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effect and based on each party's gross income from all sources as reflected
on such party's most recent pay stubs. It is anticipated that such recal-
culation after three years shall be the final recalculation of child support
under this Agreement and the Husband shall pay such final child support
sum until the Younger Son's eighteenth birthday or later graduation from
high school before age twenty, at which time all the Husband's obligation
to pay child support to the Wife hereunder shall terminate, absolutely and
forever. It is expressly understood that the Husband's obligation to pay
child support under this Paragraph 15 shall in any event terminate on the
Husband's death, provided that the Husband has complied with his obliga-
tion to provide life insurance coverage for the Children under Paragraph 16.
15.3. Health Insurance. The Husband represents that as of
the date of this Agreement he is presently carrying for the benefit of the
Children Major Medical Insurance Coverage under the group plan at the
URS (certificate no. CIGNA U02114559, Account No. 3205524), (the
"Husband's Health Insurance"). So long as the Husband continues in the
employ of URS and the group insurance plan is in effect there, the Husband
shall maintain the Husband's Health Insurance for each of the Children
. until each respectively is no longer eligible for coverage under the terms of
the Husband's Health Insurance. If the Husband ceases for any reason to
be in the employ of URS, and if there is a similar insurance plan in effect at
any place of employment with which he may be subsequently associated,
he shall make the benefits of such plan available to the Children for the
periods and on the conditions above stated.
15.4. Uninsured Medicals. Until the first recalculation of child
support under Paragraph 15.2, the parties will share all medical, dental,
orthodontist and medical health care expenses of the Children not other-------------------------------------
.'
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wise covered by insurance according to the following allocation: Wife 20%;
Husband 80%. Thereafter, the allocation shall be as determined pursuant
to the North Carolina Child Support Guidelines each time the parties recal-
culate child support pursuant to Paragraph 15.2.
16. Life Insurance.
16.1. Wife's Policies. The Wife agrees that she will obtain a policy
of insurance on her life in the amount of ONE HUNDRED THOUSAND
DOLLARS ($100,000) within thirty (30) days of signing this Agreement
("the Wife's Policy"). (The anticipated policy is Metropolitan Life Insurance
Company Group # 102056). The Wife shall keep the Children as the sole
primary beneficiaries of the Wife's Policy, in equal shares, until the Younger
Son reaches the age of twenty-three (23), except that the Husband shall be
named as trustee for each Child's share until such Child attains his or her
majority. The Husband agrees to hold all proceeds he may receive as
trustee of the minor Child's share for the benefit of a Child and to apply
such proceeds exclusively for the care and education of such Child.
If the Wife's Policy is no longer available to her for any reason, the
Wife will purchase or acquire other life insurance providing ONE HUNDRED
. THOUSAND DOLLARS ($100,000) coverage and maintain such coverage for
the benefit of the Children, in equal shares, until the Younger Son's twenty-
third (23rd) birthday.
16.2. Husband's Policies. The Husband represents that as of
the date of this Agreement his life is insured under a policy of insurance
providing FIVE HUNDRED THOUSAND DOLLARS ($500,000) of coverage
(CIGNA Policy No. FLX-980022) (the "Husband's Policy"). The Husband
shall keep the Children as the primary beneficiaries, in equal shares, of
the Husband's Policy, until the Younger Son reaches the age of twenty-three
.'
.. r
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(23), except that the Wife shall be named as trustee for each Child's share
until such Child attains his or her majority. The Wife agrees to hold all
proceeds she may receive as trustee of such Child's share for the benefit of
such Child and to apply such proceeds exclusively for the care and educa-
tion of such Child. If the Husband's Policy is no longer available to him for
any reason, the Husband will purchase or acquire other life insurance pro-
viding FIVE HUNDRED THOUSAND DOLLARS ($500,000) coverage and
maintain such coverage for the benefit of the Children until the Younger
Son's twenty-third (23rd) birthday.
17. Tax Matters.
17.1. Joint Returns. The parties agree to file joint federal and state
income tax returns for 2005 and 2006 and to share equally (i) any liability
for additional taxes due thereon and (ii) any refunds received therefrom.
17.2. Tax Consequences of Alimony. The parties are aware that
under the income tax laws, if the parties file separate returns the Wife is
required to include in her income for income tax purposes all sums paid to
her under Paragraph 12 above, and the Husband is entitled to deduct such
payments in their entirety from his income tax returns.
17.3. Dependency Exemptions. For any taxable year in which the
parties (i) elect not to file a joint return or (ii) are not eligible to file a joint
return, the Husband shall be entitled to the dependency exemption allow-
able under Section 151 of the Internal Revenue Code for each Child so long
as such Child qualifies as a dependent within the meaning of Section 152 of
the Internal Revenue Code; provided, however, that the Husband shall reim-
burse the Wife a sum equal to one-half the tax savings he experiences each
year as a result of claiming the exemptions, up to, but not in excess of, the
amount of tax savings the Wife would have experienced if she had claimed
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the exemptions on her returns. The calculations of tax savings for purposes
of this Paragraph 17.3 shall be performed by a CPA acceptable to both
parties and half of whose fees each party shall pay.
18. Choice of Law. This Agreement shall be interpreted and governed in
19. Divorce. This Agreement shall not be construed to prevent either party
from suing for divorce in any competent jurisdiction. No decree so obtained
shall in any way affect the terms hereof. This Agreement shall survive any
such decree, and shall not be merged or incorporated into any decree that
is entered.
20. Binding on Estates. The provisions of this Agreement shall be binding
on the respective heirs, executors and administrators of each of the parties.
21. Full Disclosure. The parties respectively acknowledge that each fully
understands the facts underlying this Agreement and that each party has
fully disclosed to the other his or her complete financial worth, and that
each of them is signing this Agreement freely and voluntarily.
22. Entire Agreement and Modification. This Agreement constitutes the
entire understanding of the parties. There are no representations or
. warranties other than those expressly set forth. No modification or waiver
of any of the terms hereof shall be valid unless in writing and signed by
both the parties.
IN WITNESS WHEREOF, the parties have set their hands and seals
to two counterparts of this Agreement, each of which shall constitute an
,...
original, this I;:) day of , 2005.
~ " r'
Schedule A Stocks
With Ameritrade
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05/09/2006 11 :66: 1'1AM 19/22
1. 950 shares of Dot Hill Systems Corporation (HILL)
2. 300 shares of Aware, Inc. (AWRE)
3. 60 shares of EMC Corporation (EMC)
4. 100 shares of The Williams Companies, Inc. (WMB)
5. 8 shares of Redback Networks, Inc. (RBAK)
With E-Trade
1. 90.42 Shares of URS Corporate (URS)
.
1 \ ....
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05/09/2006 11:55:11AM 20/22
J
Schedule B
URS Stock 012tions
Item Grant Date Maturity Date Number of Exercise Status
Shares Price
1 10/26/2001 10/26/2004 500 $23.03 Exercised
11-2-05
2 7/15/2002 7/15/2005 1000 $24.05 Exercised
11-2-05
3 11/18/2003 11/18/2006 500 $22.00 Holding
4 7/12/2004 7/12/2007 1000 $25.97 Holding

.
NORTH CAROLINA
ORANGE COUNTY
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NOTARY
I, 361&1 JJ.. 1.5 ,a Notary Public of and for said
county and state, do hereby certify that ANDREW JAMES MORECRAFT
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
Ie day of November, Witness my hand and notarial seal, this
NOTARY PUBLIC
COUNTY OF: 0 r
* * * * * * * * * * * * * * * * * * * * *
NORTH CAROLINA
I,
Sa':>M IJ ... ,'.1 ,a Notary Public of and for said
county and state, do hereby certify that PATRICIA BIENVENU MORECRAFT
personally appeared before me this day and acknowledged the due
execu tion of the foregoing instrument. __
Witness my hand and notarial seal, this li day: of November, 2005.

NOTARY PUB
COUNTY OF: __ _
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WILLIE L. COVINGTON
200 E. MAl N STREET
DURHAM, NC 27701
************************************************************************************************************************
Book: RE 5024 Page: 358-379
SEP-A 22 PGS $74.00
Recorder: GAIL BAKER
11111111111111111111111111111111111111111111111111111111111
2005055005
Orange County
RIGBY
COUNTY OF DURHAM
1111111111111111111111111111111111111111111111111111
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BY'A.L ,
Resister of se COUNTY,NC

'1<6iO '1 st+lf

Mail To : Cathy Ann Finlay
123 Sonoma Way
ChapellHill, NC 27516
THIS SEPARATION AND PROPERTY SETTLEMENT AGREEMENT, made this
3rd day of June, 2005, between Philip T. Rigby, of Orange County, North Carolina,
hereinafter referred to as the "Husband", and Cathy A. Finlay, of Orange County, North
Carolina, hereinafter referred to as the "Wife";
WIT N E SSE T H:
THAT, WHEREAS, the parties hereto were married on or about June 23, 1984,
and certain differences have arisen between them rendering it undesirable for them to
continue to live together as husband and wife, by reason whereof they separated on
December 14,2004; and
WHEREAS, the name, age, and birth date of the only child of the parties is
Susan L. Rigby, born November 22, 1990; and
WHEREAS, each of the parties is more than eighteen years of age, and they
desire to confirm their separation and to make agreements in connection therewith,
including the settlement and adjustment of their property rights and other rights,
responsibilities, and obligations growing out of their marital relationship; and
WHEREAS, each party has read this Agreement, fully understands the terms,
conditions and provisions hereof and deems such terms to be fair, just, and equitable;
(8) NOW, THEREFORE, in consideration of the premises, the mutual promises and
undertakings herein contained and for other good and valuable consideration, the
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receipt of which is hereby acknowledged, each party stipulates, agrees, and covenants
1. SEPARATION. It shall be lawful for, and the said Husband and Wife
shall at all times hereafter live separate and apart, each free from the marital control
and authority of the other, direct or indirect, as fully as if he or she were sole and
unmarried. Each of the parties shall have the right to reside at such place or places as
he or she shall select and to associate with person or persons as he or she shall desire.
Neither party hereto shall hereafter disturb, annoy, or in any way interfere with the
other, directly or indirectly, or intrude without invitation upon the presence of the other.
provided herein, either party may at any time hereafter acquire, possess, encumber,
transfer, convey, or otherwise deal with any and all classes of property, real or
personal, tangible or intangible, or mixed, whether now owned or possessed or
hereafter acquired by either of them, without the joinder or consent of the other party
and with the same force and effect as if they were unmarried.
3. RELEASE OF PROPERTY AND ESTATE RIGHTS. Except as
otherwise provided herein, each party hereby waives, releases and renounces, and
hereby conveys, quitclaims and assigns over to the other party and his or her heirs,
executors and administrators, any and all rights, title, interest, and control he or s he
may now have or shall hereafter acquire under the present or future laws of any
jurisdiction, in, to or over the person, property or estate of the other, arising by reason
of their marital relationship 0 r otherwise including, but not I imited to, dower, curtesy,
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statutory allowance, widow's allowance, homestead rights, right to take in event of
intestacy, right to any share as the surviving spouse, any right of election, right to take
against the last will and testament of the other or to dissent therefrom, right to act as
administrator or executor of the estate of either, and any and all other vested or
contingent rights, title or interest of any kind in and to any said property or estate of any
kind of the other; provided, however, this provision shall not apply to any social security
benefits the parties may have by reason of their marriage to each other or to any real
property retained by the parties as tenants by the entirety so long, but only so long, as
said estate by entirety continues. In addition, except as otherwise provided herein,
each party waives, releases, and renounces, and hereby conveys, quitclaims, and
assigns over to the other party and his or her heirs, executors, and administrators, any
right of inheritance under a will or codicil executed by the other party prior to the date
of this Agreement, any beneficial or administrative right arising under any trust created
by the other party prior to the date of this Agreement, any right to insurance proceeds
payable by reason of the death or disability of the other party, any right to employment
benefits earned by the spouse through his or her employment, including, but not limited
to, life insurance, disability insurance, medical and dental insurance, pension, profit
sharing, retirement, and deferred compensation benefits, and any right to insurance
proceeds payable by reason of damage or destruction to any real or personal property
owned separately by the other party, whether such property was distributed under this
Agreement 0 r acquired before 0 rafter the execution 0 f t his Agreement by the other
party.
3
4. PRESENT DEBTS. Except as otherwise provided herein each party
agrees to be solely responsible for and to promptly pay when due any debt currently
outstanding in his or her respective name at the time this Agreement is executed and
to hold the other party harmless therefrom.
5. FUTURE DEBTS. Unless otherwise provided herein, neither party
shall hereafter charge or cause or permit to be charged to or against the other any
purchase which either of them may hereafter make, and shall not hereafter create any
engagements or obligations in the name of or against the other and shall never
hereafter secure or attempt to secure any credit upon or in connection with the other,
or in his or her name; and each of them will promptly pay all debts and discharge all
financial obligations which each may incur for himself or herself and will hereafter hold
the other free and harmless and indemnify the other from any and all subsequent debts,
obligations, or liabilities which each may incur or sustain.
6. RIGHT TO CONTRACT. From and after the date of this Agreement,
both Husband and Wife shall have the right to make contracts in his/her individual name
and without the consent or joinder of the other, and to all intents and purposes as if said
contacting party is not married.
7. CHILD CUSTODY AND WELFARE. Susan shall reside primarily
with Wife, and Husband shall have frequent and regular visitation with Susan as the
parties mutually agree from time to time.
Both parties are fit and proper persons to have the care, custody and control of
the minor child Susan. The parties shall share joint legal custody of Susan and shall
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communicate and cooperate in making major decisions for Susan. Husband and Wife
shall consult together frequently in an effort to mutually agree concerning the general
health, welfare, education and development of the minor child Susan to the end that
they adopt a mutually harmonious policy in regard to Susan's child's upbringing insofar
as possible. The parties shall at all times encourage and foster in t he child sincere
respect and affection for both parents. Each party shall keep the other advised as to
any serious illness 0 r 0 ther major development with respect to Susan. Each parent
shall be entitled to immediate access from the other, or from a third party, to records
and information pertaining to the minor child including, but not limited to, medical,
dental, health, school or educational records. Each party shall be entitled to speak to
Susan by telephone at reasonable times and intervals when the child is with the other
party.
Both Husband and Wife agree to respect and support the parenting style and
authority of the other. The parents agree to discuss all major child-rearing issues and
to remain jointly responsible for all major decisions regarding the children's
development. Day-to-day decisions regarding the children's welfare, however, shall be
the responsibility of the parent with custody on the particular day on which the issue
arises. Should a medical emergency arise when the child is with either parent, that
parent shall have full authority to make necessary decisions concerning the emergency.
The parties agree to advise each other of any illness, accident or other matters
seriously affecting either child's health and welfare.
8. ALIMONY. Wife shall pay alimony to Husband for Husband's
maintenance and support as set forth below:
5
--- - ------------
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A. Amount. Beginning June 1, 2005, and on or before the first day
of each month until the September 30, 2005, Wife shall pay monthly alimony of $650.
Beginning October 1, 2005, and continuing until October 30, 2010, Wife shall pay
monthly alimony of $1 ,500. Beginning November 1,2010 and continuing until April 25,
2015, Wife shall pay monthly alimony of $1 ,200.
B. Modification. The alimony amounts provided above shall be
modified only upon an involuntary decrease in Wife's base salary in amount of 30% or
more from her current base salary of $145,000 at the time of execution of this
Agreement. In the event of any qualifying involuntary decrease in Wife's base salary,
the monthly amount of Husband's alimony shall decrease by the same percentage as
the decrease in Wife's base salary. The alimony decrease shall become effective the
first month after Wife's base salary decreases. In the event of subsequent involuntary
decreases in Wife's base salary, the amount of monthly alimony payable to Husband
shall I ikewise decrease in the s arne percentage. A fter a ny decrease in Wife's base
salary sufficient to trigger an alimony decrease, if there is a subsequent increase in
Wife's base salary, the alimony amount shall increase by the same percentage;
provided, however, that the alimony amounts shall never exceed the amounts set forth
in subparagraph A above.
C. Duration. Notwithstanding the provisions of subparagraphs A
and B above, Wife's obligation to pay monthly alimony to Husband shall terminate upon
the first to occur of the following circumstances:
(i) Death of Husband;
6
(ii) Death of Wife;
(iii) Remarriage of Husband;
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(iv) Cohabitation of Husband within the meaning of N.C.G.S. 50-
16.9 and related case law;
(v) April 25, 2015.
D. Tax Considerations. It is understood and agreed that the alimony
payable under this Agreement shall be income to the Husband and tax
deductible by the Wife as provided by the Internal Revenue Code.
9. WAIVER OF CLAIMS. Each party does hereby waive, release, and
discharge for himself or herself and his or her heirs, legal representatives, executors,
administrators, and assigns from any and all causes of action, claims, rights, or
demands whatsoever in law or equity, which either of the parties had or now has,
against the other, or any third persons, arising out of the marital relationship, including
but not limited to, necessaries, postseparation support, support, maintenance,
temporary or permanent alimony, tort claims, and attorney fees, except any and all
causes of action for divorce, based on one year's separation, incompatibility or
irreconcilable differences, or any other such no fault ground that might exist in any
jurisdiction in which either party might become a resident.
10. OTHER LITIGATION. Husband and Wife, by Signing this Agreement, each
agree that he or she waives and releases any claims he or she has or may have
against any person or persons under the law of any state for alienation of affections,
for criminal conversation, or any other type action allowed as a result of any relationship
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between the other party and any third person. Any third person against whom an action
is brought by either party for criminal conversation, or alienation of affections, or any
similar action as a result of any relationship with one of the parties hereto, may plead
this Agreement as a third party beneficiary as a plea in bar to any such claims. It is
acknowledged that a part of the consideration of this Agreement is this release and
waiver.
11. TRANSFERS OF PROPERTY INCIDENT TO DIVORCE. The parties hereto
agree (i) that the transfer of property hereunder is related to the divorce; (ii) that the
transfer of property hereunder is a transfer incident to divorce and is related to the
cessation of the marriage; (iii) that the intent and purpose of this Agreement is for the
transfer of property hereunder to be tax free pursuant to 1041 and 2516 of the
Internal Revenue Code and the applicable provisions of North Carolina law and for no
gain or loss to be recognized by either party as a result of such transfer; and (iv) that
they will file a formal election if necessary or otherwise take such actions as may be
required by applicable provisions of the state or federal income tax law and regulations
to give full force and effect to their aforesaid intent and purpose.
In full settlement of all property rights and questions between the parties, in
satisfaction of North Carolina General Statutes 50-20 et seq. and pursuant to 50-
20( d) and to Sections 1 041 a nd 2516 0 f t he Internal Revenue C ode a s non-taxable
transfers, the parties agree as follows:
A. Residence. Husband and Wife presently jointly own as
tenants by entirety the real property and dwelling situated at 303 Pebble Springs
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Road, Orange County, North Carolina (the "Marital Residence"). The parties
make the following agreements regarding the Marital Residence:
(1) Possession. Husband shall have the exclusive use and
possession 0 f t he Marital Residence until the closing 0 f t he sale 0 f t he
Marital Residence, subject to the authority of the listing realtor to
determine that Husband shall vacate the Marital Residence pursuant to
subparagraph 2 below. Pending closing of the sale of the Marital
Residence, Wife shall pay the monthly mortgage payment on the Marital
Residence on a timely basis each month, and all utility bills for the Marital
Residence received before Wife closes on the purchase of her
townhouse. Thereafter, Husband shall be solely responsible for payment
of all utility and upkeep costs with respect to the Marital Residence.
(2) Sale. The Marital Residence shall immediately be placed
upon the market for sale. Husband shall be entitled to put the Marital
Residence "For Sale By Owner" with a list price of $390,000. If there is
not a signed contract for purchase of the Marital Residence by June 26,
2005, then the parties shall immediately engage Howard, Perry & Walston
as listing realtors. During the period that the Marital Residence is "For
Sale By Owner," the parties shall accept any purchase offer for a
purchase price of $380,000 or higher.
If it is necessary to engage Howard, Perry & Walston as listing
realtors, the parties shall follow the listing agent's recommendations as to
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list price for the Marital Residence and shall following the listing agent's
recommendations as to any subsequent reductions in the list price. In
addition, the parties shall follow the listing agent's recommendations about
the lowest purchase p rice for which the parties s hall a ccept a n offer to
purchase.
Husband shall cooperate with all realtors to make the Marital
Residence available for viewing by potential buyers. In the event that the
parties engage a listing realtor, Husband shall consent to the placement
of a lockbox to allow realtors and potential buyers access to the Marital
Residence.
Husband shall be responsible for keeping the Marital Residence
and the yard in an attractive, clean and marketable condition at all times
during his period of exclusive possession. In the event that listing realtor
so recommends that the house be professionally cleaned after any initial
professional cleaning, such subsequent cleaning shall be at Husband's
sole expense. Further, in the event that the listing realtor determines that
Husband is not keeping the Marital Residence in a clean and marketable
condition, Husband shall vacate the premises within ten days of said
determination by the listing realtor.
(3) Repair. Painting and Cleaning. The parties agree that the
hardwood floors in the Marital Residence shall be refinished, and that the
$6,800 in funds in the joint Wachovia Crown Checking Account
1017386081366 (funds from siding class action settlement) shall be used
10
to cover those costs.
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The parties shall follow the listing realtor's
recommendations as to any other repairs, painting, cleaning and/or carpet
replacement necessary to facilitate sale of the Marital Residence, and the
costs of any such items shall be paid from the joint Wachovia Crown
Checking Account. To the extent that there are not sufficient funds in the
joint Wachovia Crown Checking Account to cover such costs, the parties
shall equally divide such costs, and in the event that either party pays
more than his or her one-half share, he or she shall be reimbursed from
the other party's share of the sales proceeds at the time of the closing of
the sale.
(4) Sales Proceeds. The net proceeds of the sale of the
Marital Residence shall be divided and distributed as follows: (1) First,
Wife shall be reimbursed the full amount of all mortgage payments she
has made 0 n t he Marital Residence between January 1, 2005, and the
date of the closing; (2) the remaining net proceeds shall be equally
divided between the parties; and (3) each party shall make, from his or
her share of the proceeds, any payments necessary to be made to the
other party pursuant to subparagraph (3) above. As used herein, "net
proceeds" shall mean the gross proceeds of the sale of the Marital
Residence, less the payoff balance of the mortgage upon closing, any
applicable realtors' commissions, pro-rated ad valorem taxes, and seller's
customary closing costs.
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The parties shall equally divide any mortgage escrow refund with
respect to the Marital Residence.
B. Wife's Townhouse. Wife intends to purchase the real propety
located at 123 Sonoma Way (Lot 31, Vineyard Square), Chapel Hill, Orange
County, North Carolina ("Wife's Townhouse") as her new residence. Husband
hereby agrees that Wife may purchase, acquire, own, possess, encumber,
dispose or, and convey, Wife's Townhouse as though unmarried and free from
the consent, joinder, or interference of Husband. With respect to Wife's
Townhouse, Husband hereby gives, grants, bargains, sells, conveys, releases
and quitclaims unto Wife, her heirs and assigns forever all his claim or statutory
share as surviving spouse, and all and each and every right or rights, interest or
interests, estate or estates, whatsoever which he has now or may hereafter
acquire.
C. Household Furnishings. At or before the time of the closing of the
sale of the Marital Residence, the parties shall divide the household furnishings
and other personal property located in or about the Marital Residence. The
parties agree that Wife shall receive the following items: mother's silver, sister-
in-law's dresser and chest, leather top coffee table, two leather top end tables,
china. The parties agree that Husband shall receive the following items: bed,
two end tables next to bed, office chair, brown recliner, kitchen table/chairs, Ikea
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chair, family room furniture and TV, drumsets, motorcycle. A II other personal
property shall be divided between the parties as they mutually agree.
D. Vehicles. The parties hereby agree to the following disposition of
their motor vehicles:
(1) Husband. The Husband shall retain the 2002 Jetta that he
regularly drives. The vehicle is titled to the parties jointly. There is
a loan on the vehicle with a monthly payment of $545, the last
payment being due September 1, 2005. Wife shall be solely
responsible for payment of the Jetta loan. After payment of the
Jetta loan, Wife shall execute all documents necessary to transfer
title of the Jetta to Husband. Wife shall continue to provide
automobile insurance on the Jetta until such time as the vehicle
loan is paid off, and upon payoff Husband shall be solely
responsible for providing appropriate insurance with respect to this
vehicle.
(2) Wife. Wife shall be the sole owner of the 2001 Honda
vehicle, currently titled in the parties' joint names. As soon as reasonably
practicable after execution of this Agreement, Husband shall execute all
documents of title necessary to transfer all of his ownership interest in the
Honda to Wife.
E. Personal Belongings. Each party hereby acknowledges sole
ownership in the other party of all his or her wearing apparel, personal
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ornaments and other personal effects as well as all property owned by either
party prior to their marriage, all property inherited by either party during the
marriage, and all property given or loaned to either party (or to the family) by his
or her relatives.
F. Banking Accounts. At the time of execution of this Agreement, the
parties have the following banking accounts in their joint names: Wachovia
Crown Checking Account 1017386081366, and Wachovia Statement Savings
3017334125997. Husband warrants and represents that he has made no
withdrawals from Wachovia Statement Savings 3017334125997; all funds in
said account shall belong to Wife, free and clear of any claim or right in
Husband, and this account shall be closed as soon as reasonably practicable
after execution of this Agreement.
After the date of separation, Husband deposited approximately $6,800
from a class action lawsuit settlement in Wachovia Crown Checking Account
1017386081366, and Wife has been depositing her paycheck into this account.
Wife shall be entitled to withdraw the full amount of any of her pay directly
deposited into this account on or after May 31, 2005. Neither party shall make
any other withdrawals or write any other checks against this account with the
exception of funds for: (1) fees to John Bowman for mediation of this matter; and
(2) preparation of the Marital Residence for sale as set forth in subparagraph
A(3) above. Any funds left in the joint Wachovia Crown Checking Account after
payment of the floor refinishing, painting and repair expenses shall be divided
between the parties, and the account shall be permanently closed.
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Except as otherwise set forth above, the parties have no joint banking
accounts. Each party shall retain all banking accounts in his or her individual
name as his or sole and separate property, free and clear of any claim or right
in the other party.
G. Storage Unit. As soon as reasonably practicable after the
execution of this Agreement, the parties shall rent a storage unit in which to store
excess possessions while the Marital Residence is on the market for sale. The
parties shall cooperate in transporting the items to be stored, and both parties
shall have access to the storage shed as he or she wants. Wife shall be solely
responsible for paying the costs of the storage shed through August 30, 2005,
at which time Husband shall become solely responsible for paying the costs of
the storage shed, should he desire to continue using it.
H. Pension and Retirement Benefits. At the time of execution of this
Agreement, Wife has the following retirement benefits in her name: GSK 401 (k)
account, with approximate balance of $154,016 at the date of separation; GSK
Cash Balance Pension Plan with approximate balance of $81,560 at the date of
separation; TIAA CREF Retirement Annuity with approximate value of $ 27,710
on the date of separation. The parties agree that Husband shall receive 60% of
the date of separation value of each of the above retirement benefits. The
transfer of said benefits to Husband shall be accomplished via Qualified
Domestic Relations Orders to be entered by the parties' consent in the District
Court for Durham County. Husband's attorney shall be responsible for preparing
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the first drafts of the GSK QDROs, and Wife's attorney shall be responsible for
preparing the first draft of the TIAA CREF QDRO.
I. GSK Stock and Stock Options. At the time of execution of this
Agreement, Wife has the following stock and stock options for GSK stock: (1)
1310 shares GSK American Depository Shares (Share Value Plan); (2) 17,580
GSK stock options (British Pence); 10,000 GSK vested stock options (U.S.
Dollars); 12,250 GSK unvested stock options (U.S. Dollars). The parties agree
that Wife shall be the sole owner of all said stock and stock option, free and clear
of any claim or right in Husband.
J. GSK Life Insurance. At the time of execution of this
Agreement, Wife has life insurance on her life through New York Life Insurance
Company through the GSK Executive Life Insurance Program. Said insurance
has a cash value as of 12/31/04 of approximately $3,513. Wife shall be the sole
owner of the life insurance, free and clear of any claim or right in Husband.
L. Debts. At the time of the execution of this Agreement, the
parties have a joint Fleet/Bank of America Credit card (account number ending
9812). Husband warrants and represents that, since the date of the parties'
separation, he has not made any charges against this account without first
notifying Wife or disclosing said charges before the execution of this Agreement.
Husband shall make no further charges against this account unless specifically
authorized by Wife. Wife shall be solely responsible for paying 0 ff this credit
card and shall indemnify and hold Husband harmless from further liability
16
thereon. Upon closing of the sale of the Marital Residence, Husband shall
relinquish his card to Wife and make no further charges on this account.
With the exception of the joint credit card and other joint debts specifically
addressed above, the parties have no further debt in joint names. Each party
shall be solely responsible for all debts in his or her individual name and shall
indemnify, defend and hold the other party harmless from liability thereon.
12. PROPERTY OWNERSHIP. All property transferred or distributed
under the terms of this Agreement to either of the parties, and all other property now
owned or hereafter acquired by either party, shall always hereafter be owned, held and
enjoyed by such party independently of any claim or right of the other party, with the full
power to dispose of the same as fully and effectively, in all respects and for all
purposes, as if he or she were unmarried. Each party agrees to execute any and all
papers, documents and instruments in writing, if, as, and when such execution shall be
necessary in order to effectuate the provisions of this Agreement.
13. RECONCILIATION. In the event the Husband and Wife end their
separation by reconciliation and resumption of marital cohabitation, the executory
provisions of this Agreement shall be thereby canceled and rescinded, but all provisions
hereof which have been executed or partially executed at that time, shall, to the extent
of complete performance, continue in full force and effect unless and until they are
canceled or rescinded in a written agreement duly executed by both Husband and Wife.
14. SUBSEQUENT DIVORCE. This Agreement is unconditional and shall
survive any subsequent divorce decree obtained by either party, and no such decree
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shall terminate, modify, or otherwise affect the rights and obligations provided for
herein. This Agreement shall not be incorporated either verbatim or by reference in any
decree of absolute divorce subsequently entered between the parties.
15. MARITALAND DIVISIBLE PROPERTY WAIVER. In accordance with North
Carolina General Statute Section 50-20(d) and related statutes and case law, the
parties hereby acknowledge that the provisions herein made for the distribution of
marital property and divisible property are equitable and are fair, reasonable, and
satisfactory to the Husband and Wife, and are made in full and complete satisfaction
of any and all claims which each party may have against the other party or the property
of the other party under the present and future laws of any jurisdiction relating to the
distribution of marital property and divisible property including, but not limited to rights
to division of property, payment of capital sums or periodic payments, distributive
shares, pension or retirement benefits, life insurance and every other form of property,
real or personal, tangible or intangible, vested or contingent. Each party accepts the
provisions of this Agreement in lieu of and in full and final settlement and satisfaction
of any and all claims or rights which either party may now or hereafter have against the
other party for the distribution of property. However, each party has relied upon the
representations of the other party concerning a complete and full disclosure of all
marital assets in accepting this property settlement, and it is understood and agreed
that this provision shall not constitute a waiver of any marital interest either party may
have in property owned but not disclosed by the other party at the time this Agreement
is executed. Moreover, the failure of either party to disclose property shall constitute
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a material breach of this Agreement which shall give rise to whatever remeales at law
or in equity may be available to the other party.
16. RESERVATION OF RIGHTS. The failure of either party to take advantage
of any default or violation of the covenants and conditions of this Agreement on the part
of the other, shall not constitute a waiver thereof or relinquishment of the right to require
strict performance by the other party. Nor shall any custom or practice which may
develop between the parties in the course of performance of this Agreement be
construed to waive or lessen the right of either party to insist upon compliance with the
provisions hereof by the other.
17. ENFORCEMENT. The parties agree that the remedy at law for any breach
of this Agreement will be inadequate unless the provisions hereof shall be enforceable
by specific performance and accordingly, either party shall be entitled to specifically
enforce each and every provision of this Agreement. The right to specific enforcement
of this Agreement shall be in addition to all other rights and remedies either party may
have at law or in equity arising by reason of any breach of the Agreement by the other
party. However, the monetary provisions of this Agreement relating to the payment of
alimony and child support shall not be enforceable for any period during which the party
having the duty to pay is physically or mentally disabled or is involuntarily separated
from employment.
18. ADDRESS OF THE PARTIES. At all times during the minority of any child
of the parties, each party shall keep the other informed of his or her respective place
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of residence and mailing address, and each shall notify the other within fifteen (15) days
of any change is his or her address or place of residence.
19. VOLUNTARY EXECUTION. Each party acknowledges that this Agreement
is entered into of his or her own free will and volition and that no coercion, force,
pressure or undue influence has been used against them in the execution of this
Agreement, either by the other party hereto or by any other person or persons. Neither
party has relied upon any representation or promise in making this Agreement except
those expressly set forth herein.
20. INTERPRETATION. If any provision of this Agreement is held to be invalid
or unenforceable, all other provisions shall nevertheless continue in full force and effect.
It is the intention and agreement of the parties that each provision of this Agreement,
except for the provisions relating to child support which are interdependent by their
terms, is separate and independent from each other provision contained herein. The
provisions for alimony and child support in this Agreement are not integrated with those
for property settlement. No provision of this Agreement shall be interpreted for or
against either party because of the party's attorney requested or drafted this Agreement
or any provision of this Agreement, and the parties hereby unconditionally waive any
such defense or claim regarding any provision of this Agreement.
21. LEGAL COUNSEL. In the negotiation and preparation of this Agreement
the Wife has been represented by Jaye Meyer of the law firm Tharrington Smith, L.L.P.,
and the Husband has been represented by Thomas H. Eagen of the law firm Eagen
and Eagen. Each party is satisfied with the services of his or her attorney and has been
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fully advised concerning the contents of this Agreement. Each party shall be
responsible for payment of his or her own counsel fees.
22. WAIVER OF GRIEVANCES. Any conduct on the part of either party
occurring prior to the execution of this Agreement which may have constituted a basis
for any legal claim by either party against the other, is hereby waived and released and
will not be used by either party against the other in any future proceeding between
them.
23. JURISDICTION. Each party hereby submits himself or herself to the
jurisdiction of the courts of the State of North Carolina in any future action brought by
either of them to enforce the provisions of this Agreement.
24. MODIFICATION. A modification or waiver of any of the provisions of this
Agreement shall be effective only if made in writing and executed with the same
formality as this Agreement.
25. ENTIRE AGREEMENT. This Agreement contains the entire understanding
of the parties, and there are no representations, warranties, covenants, or undertakings
other than those expressly set forth herein.
26. SITUS. All matters affecting the interpretation of this Agreement and the
rights of the parties hereto in relation to this Agreement shall be governed and
controlled by the laws of the State of North Carolina.
27. BINDING EFFECT. Each provision of this Agreement shall survive the
death of either party and be binding upon each party's estate and their respective heirs,
executors, administrators, and assigns. Each party shall have a claim against the
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estate of the other party with respect to any executory provision hereof and for
damages or loss arising by reason of any breach of this Agreement by the other party
during his or her lifetime.
28. EXECUTION OF DOCUMENTS. At the request of the other party, each
party shall execute and deliver any and all written instruments or documents reasonably
necessary 0 r desirable toe ffectuate the purposes and provisions 0 f t his Agreement.
Each party shall also execute and deliver such other written instruments or
conveyances reasonably necessary or desirable to assist the other party in transferring
any property which he or she may now own or may hereafter acquire, or in transacting
any business so long as such party does not thereby become obligated or assume any
responsibility under such instrument or agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals this the day and year first above written. tb ..
---fr't}----'-,-, 7-/;-' __ (SEAL)
Philip

(SEAL)
22
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I, Te...v-e....sa. 0. Whl)h-t- , a Notary Public of said County and
State, do hereby certify that Philip T. Rigby personally appeared before me this day and
acknowledged the due execution of the foregoing Separation And Property Settlement
Agreement, for the intents and purposes therein expressed.
WITNESS, my hand and notarial stamp/seal, this theNday of June, 2005.
COUNTY OF DURHAM
I, f2? \Nn
, a Notary Public of said County and
State, do hereby certify that CatH A. Finlay personally appeared before me this day
and acknowledged the due execution of the foregoing Separation And Property
Settlement Agreement, for the intents and purposes therein expressed.
WITNESS, my hand and notarial stamp/seal, this of June, 2005.

Notary Public
My commission expires: __ \-tl,--I_\ +/_'U) __ __ _
I I
23
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Joyce H. Pearson
Register of Deeds
Orange County
North Carolina
The foregoing certificate(s) of TERESA B. WRIGHT, NOTARY PUBLIC for the Designated Governmental
units is/are certified to be correct. See filing certificate herein.
This day July 27,2005.
B Y : ~ ~
Deputy / A.isistant -Register of Deeds
Orange County
ROBERTSON
PREPARED BY & RETURN TO:
I11I1 III I II III II 11111111111111111 "" II I II III "" III
20060623000117630 SEP 1 f:l
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FIL.ED Joyce H. Pearson
:...........-CD'V, ......
WENDY ROBERTSON 105 RAVEN LANE CARRBORO, NC 27510
COUNTY OF ORANGE
SEPARATION AGREEMENT AND
PROPERTY SETTLEMENT
THIS SEPARATION AGREEMENT AND PROPERTY SETTLEMENT is made and
entered into by and between Wendy Robertson, Party of the First Part, hereinafter referred to as
"Wife," and Kevin Robertson, Party of the Second Part, hereinafter referred to as "Husband."
WITNESSETH:
WHEREAS, the said Husband and Wife were heretofore married on or about the 26th day of
July, 1980 and thereafter lived together as Husband and Wife; and,
WHEREAS, two minor children have been born of the marriage of the parties, to wit: Kaila,
born August 9, 1991 and Rachel, born August 10, 1994.
WHEREAS, on account of irreconcilable differences between the parties, said parties by mutual
agreement separated on the 13 Ylctay of cr- , 2006, and they have agreed that it .
is for their mutual best interest that they continue to live separate and apart, and have further agreed that
there should be a complete settlement of their respective legal rights and obligations, and a complete
division of property between them.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter set forth, the parties hereto do mutually agree and contract as follows:
ARTICLE I: SEPARATION
1. SEPARATION. It is agreed that from the date of separation stated above, the parties
did and will continue to live separately and apart, each from the other, as fully and
completely and in the same manner and to the same extent as though they had never
been married to each other. It shall be lawful for each ofthe parties at all times hereafter
to live separate and apart from the other, without and free from the marital control and
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authority of the other, as if that party were single and unmarried, and to reside at such
place or places and with such person or persons as that party may desire, choose or deem
fit, without and free from any control, restraint, interference, or harassment, direct or
indirect, by the other; and to engage in and carry on and conduct any business,
employment, profession, or trade that the party may desire, choose, or deem fit, the same
to be for that party's own sole and separate use and benefit, free from any and all control,
restraint, interference or interest, direct or indirect, from the other party with regard
thereto.
2. FREE TRADER. Except as otherwise provided herein, either party may at any time
hereafter acquire, possess, encumber, transfer, conveyor otherwise deal with any and
all classes of property, real or personal, tangible or intangible, or mixed, whether now
owned or possessed or hereafter acquired by either of them, without the joinder of the
other party and with the same force and effect as if they were unmarried. It is agreed
that all persons dealing with the parties may rely upon this agreement as containing all
the provisions necessary to the parties being authorized to acquire, hold, manage,
transfer, and convey their property without the knowledge or consent or joinder of their
spouse.
ARTICLE II:
CHILD CUSTODY AND CHILD SUPPORT
1. CHILDREN. It is acknowledged and agreed that there were Kaila, born August 9,
1991 and Rachel, born August 10, 1994.
2. CUSTODY. After a thorough review ofthe interests, abilities and desires ofthe parties,
and with careful consideration given to the best interests of the children, the parties
agree that it is in the best interest of the minor children that the Wife and Husband share
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joint legal custody and Wife have primary physical custody and Husband have
secondary physical custody. The parties further agree that Wife is a fit and proper person
to have primary physical custody of the minor children and Husband is a fit and proper
person to have secondary physical custody of the minor children.
It is further agreed that the Husband shall be entitled to secondary physical custody with
the minor children as set forth below:
a. Weekends: Every other weekend from Thursday from school until Monday
returning to school. If there is no school, Thursday at 3 :30 p.m. to Monday at
9:00 am;
b. Weekdays: On alternating weeks, Thursday after school to Friday morning. If
there is no school, Thursday at 3:30 p.m. to Friday at 9:00 am;
c. Christmas: Wife shall have children from 8:00a.m. to 2:00p.m. Christmas Day
and Husband shall be entitled to exercise visitation with the minor children from
Christmas Day at 2:00 p.m. until the following day at 6:00 p.m.
d. Thanks2ivin2: Wife shall have children from 8:00a.m. to 2:00p.m.
Thanksgiving Day and Husband shall be entitled to exercise visitation with the
minor children from Thanksgiving Day at 2:00 p.m. until the following day at
6:00p.m.
e. Easter: Wife shall have children from 8:00a.m. to 2:00p.m. Easter Day and
Husband shall be entitled to exercise visitation with the minor children from
Easter Day at 2:00 p.m. until the following day at 6:00 p.m.
f. Father's Day/Mother's Day: Every Fathers day will always be spent with
Husband from 9:00 a.m. to 6:00 p.m. and Mother's day always be spent with
Wife from 9:00 a.m to 6:00 p.m.
g. Summer Vacation: Husband and Wife are entitled to two (2) non-consecutive
weeks during the summer time provided he/she gives advanced notice of the
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h. Child's Birthday: The minor children's birthdays shall be split equally
between the parents.
1. All holiday and summer visitation shall supersede any other normally scheduled
visitation and shall be given priority.
The parties further agree that neither party will degrade the other in the presence of the
children, nor make any derogatory comments, and both parties will make every effort
to develop a full and loving relationship between the parties and their minor children.
Notwithstanding their separation, the parties acknowledge their continuing love,
support, concern and affection for their minor children. They agree, each with the other,
to keep each party informed insofar as that relates to major decisions affecting the
health, education and welfare of their children, and in all decisions that affect those
areas, they shall confer with each other.
Both parties are entitled to call the minor children while they are with the other party,
such calls shall be at reasonable times so as not to interfere with the health, education,
safety, or welfare ofthe children, and shall not be designed to harass the other party. In
addition, each party should notify the other of any major illnesses, conditions, or
situations effecting the health, education and general welfare of the minor child.
Neither party shall do anything which may estrange the children from the other party,
nor hamper the natural development of their love for both parties. The parties further
agree that additional visitation will be allowed as agreed upon between the parties.
Both parties have the right of first refusal on non-custodial days if child(ren) are to be
left for five (5) hours or more with a third party.
2. CHILD SUPPORT. It is understood and agreed that both of the parties have a moral
and legal obligation and responsibility to support their minor children. In recognition
of that responsibility, the parties, after a careful review of their respective financial
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positions, have agreed that the Husband will pay to the Wife the sum of $1130.00 per
month for the care, maintenance and support of said minor children asa compromised
amount between Worksheet A ($938.27) and Worksheet B ($1,322.91). Based upon
Husband's custodial schedule, Husband should pay child support on Worksheet B. The
parties agree to avoid exchanging receipts and expenses as contemplated under
Worksheet B child support for a "true sharing of expenses", Husband shall pay the
increased child support amount and the parties function under Worksheet A guidelines.
The child support payments shall be due on the 5th of every month paid directly to Wife
beginning July 5,2006 and each month thereafter. Initial partial payment for June 15-30
is due to Wife on June 15,2006.
The parties recognize that the spending abilities and the incomes of the parties change
over time, and that these prior adjustments are subject to modification by the Court
pursuant to the North Carolina Child Support Guidelines. However, the parties agree
that this child support amount is a fair and accurate amount to the meet the reasonable
needs and expectations of the minor children and is based upon the Husband's present
employment with UNC Chapel Hill wherein he earns approximately $105,000 gross
income per year and Wife being employed with UNC Chapel Hill and earns
approximately $ 43,000 gross income per year. Parties agree to review child support on
an annual basis. Parties shall exchange tax returns by May 1 st of each year and child
support shall be recalculated and new amount due June 5
th
through May 31 st of the
following year.
3. HEALTH INSURANCE COVERAGE. Wife agrees to maintain and keep in force a
policy of medical and hospital insurance equivalent to the coverage and amounts now
carried by her which shall provide coverage and benefits to the minor children so long
as available through her place of employment. In addition, the parties agree that any
unreimbursed medical and dental expenses shall be shared between the parties based
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upon their pro rata share as indicated on the North Carolina Guideline, Worksheet A.
Husband shall be responsible for 70% and Wife shall be responsible for 30% of all
unreimbursed medical, dental, counseling and orthodontic expenses. Husband shall be
responsible for seventy percent (70%) and Wife shall be responsible for thirty percent
(30%) of summer camps, and school field trips above $50.00. The reimbursement shall
be paid on the fifth day of each month for the preceding month.
4. LIFE INSURANCE FOR BENEFIT OF CHILD(REN). With respect to life
insurance, it is mutually agreed that the husband shall retain in full force and effect all
life insurance policies currently held (with a cumulative coverage amount of$ 3lru 11 410)
and that the minor child(ren) ofthe marriage shall be named and maintained as sole and
exclusive primary beneficiaries on such policies in existence on the life ofthe said party.
It is understood and agreed that the Husband shall maintain the existing life insurance
on his life in an amount not less than $315,000.00 for the primary benefit of the Wife
until such time as the youngest child completes his or her secondary education. The
Husband shall provide proof that said coverage remains in effect on an annual basis.
The Husband shall further instruct his insurer(s) to provide a "notice oflapse" provision
on his policies, such that Wife will be immediately notified at any time the Husband
fails to make timely payments of premiums. Said policies shall specifically state that
the Wife is to be notified of any pending lapse of coverage so that the Wife will have
ample opportunity to keep the payments current. Should the Husband fail to pay the
premiums, the Wife is hereby authorized to pay the premiums she may have elected to
pay shall be charged against the estate of the Husband. Should the Husband not pay the
premiums, and the Wife allow the insurance coverage to lapse, then the Wife shall have,
for the benefit of the minor child(ren), a claim against the estate ofthe Husband to the
extent of the insurance the Husband was required to maintain by this provision. The
Husband shall take no action to borrow against or otherwise encumber or devalue the
Page 6
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It is understood and agreed that the Wife shall maintain the existing life insurance on her
life in an amount not less than $44,000.00 for the primary benefit of the Husband until
such time as the youngest child completes his or her secondary education. The Wife
shall provide proof that said coverage remains in effect on an annual basis. The Wife
shall further instruct her insurer(s) to provide a "notice of lapse" provision on her
policies, such that the Husband will be immediately notified at any time the Wife fails
to make timely payments of the premiums. Said policies shall specifically state that the
Husband is to be notified of any pending lapse of coverage so that the Husband will
have ample opportunity to keep the payments current. Should the Wife fail to pay the
premiums, the Husband is hereby authorized to pay the premiums and any premiums he
may have elected to pay shall be charged against the estate ofthe Wife. Should the Wife
not pay the premiums and the Husband allow the insurance coverage to lapse, then the
Husband shall have, for the benefit of the minor child(ren), a claim against the estate of
the Wife to the extent of the insurance the Wife was required to maintain by this
provision. The Wife shall take no action to borrow against or otherwise encumber or
devalue the policies referenced herein.
ARTICLE III:
PROPERTY SETTLEMENT
1. DISPOSITION OF PROPERTY. It is understood and agreed by and between the
parties that all tangible property owned by them or either of them has been divided to
the mutual satisfaction of the parties. Each party hereby transfers, assigns and
relinquishes unto the other party any and all right, title or interest he or she may have in
the personal property presently in the possession of the other party.
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2. DISPOSITION OF AUTOMOBILES. The parties hereby agree that on or before
June 15,2006, the Husband shall convey to Wife all rights, titles and interest in the 1995
Honda Accord motor vehicle presently owned by the parties. The vehicle thereafter
shall be the exclusive and separate property of Wife and Wife agrees to be responsible
for any liens, taxes, loan payments and other costs associated with the vehicle.
In addition, the Wife hereby agrees that on or before June 15,2006, she shall transfer
and convey to Husband all rights, title and interest in the 2001 Honda Oydessy motor
vehicle presently owned by the parties. The vehicle thereafter shall be the exclusive and
separate property of Husband and Husband agrees to be responsible for any liens, taxes,
loan payments and other costs associated with the vehicle.
3. INTANGIBLE ASSETS AND ACCOUNTS. It is mutually agreed that each party
shall retain all right, title, and interest in and to any checking accounts, savings accounts,
certificates of deposit, savings bonds, retirement accounts or other retirement-related
benefits of any and all kinds, and any and all other deposits or accounts in their own
names.
4. RETIREMENT/PROFIT SHARING PLAN. The parties acknowledge that Husband
and Wife do presently have a retirement and/or profit sharing plan with their respective
employers. Husband owns a retirement plan with his employer, UNC-Chapel Hill valued
at $140,072.00. It is expressly acknowledged and agreed between the parties that the
Wife owns a marital and/or equitable interest in the value of said plan as of the date of
separation. Wife owns a retirement plan with her employer, UNC-Chapel Hill and a
403(b) valued at $73,041.00. It is expressly acknowledged and agreed between the
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parties that the Husband owns a marital and/or equitable interest in the value of said plan
as of the date of separation. The parties agree to equally divide both retirement policies
to effectuate a fifty percent distribution of both policies and distribute the same through
a Qualified Domestic Relations Order. Husband's attorney shall be required to prepare
the same authorizing $ 2 8,515. 5 iJml,tHffl6, /7'1,
{{'({'-i'v
Husband's retirement to be disbursed to Wife
jp
j{,,).!Vtrl*"t:lH-lret:1ret'aeftHli?Gl3uG
QDRO shall include gains and/or losses to date of division. Wife shall retain as her
separate property the total amount in her retirement with no distribution to husband.
5. DISPOSITION OF REAL PROPERTY. The parties stipulate and agree that they
own as tenants by the entirety a house and lot located at 306 Autum Drive, Chapel Hill,
North Carolina. The residence is to be sold on June 22, 2006. At closing, the parties
agree the following debts shall be paid:
-Mortgage ($224,0000
- Equity Line ($30,000)
-Bank of America ($5,200)
-Capital One ($16,400)
-Sallie Mae ($7,868)
Thereafter, the parties agree Wife shall receive $91,000 and Husband shall receive
$23,000 from the sale proceeds. Aby additional proceeds shall be divided equally.
6. RELEASE OF OTHER CLAIMS AGAINST PROPERTY. It is expressly and
mutually agreed by and between the parties hereto that all tangible and intangible
property not otherwise disposed of herein, shall be and remain the separate property of
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the party presently in possession thereof, free of all claims of the other.
7. RESPONSIBILITY FOR DEBTS. It is mutually agreed that each ofthe parties shall
be solely responsible for any and all payments due on the debts set out in the following
subparagraphs. Each of the parties expressly agrees to make all payments due on such
debts as are assumed by him in a timely manner, and recognizes that late payment of
such debts by him may result in damage to the credit-worthiness of both parties.
8. DEBTS ASSUMED BY WIFE. The following debts shall be assumed and paid solely
by the Wife:
a. All debts currently in Wife's name individually since the parties separated.
9. DEBTS ASSUMED BY HUSBAND. The following debts shall be assumed and paid
soley by the Husband:
a. All debts currently in Husband's name individually since the parties separated;
and
b. State Employee Credit Union-Car Loan.
c. June bills for 306 Autumn Drive, excluding home equity payment.
10. PAYMENT OF DEBTS AND INDEMNIFICATION. Except as may be set out
herein above or elsewhere in this Agreement, each party shall assume full responsibility
for all payments on loans or debts incurred by that party, together with all ofthose debts
assumed by that party pursuant to Sections 7 and 8 above. The Husband covenants that
he has not incurred any liability or indebtedness except that referred to herein for which
the Wife shall have any financial responsibility, and that he will indemnify, save and
hold the Wife harmless from any obligation which he has incurred. The Wife covenants
that she has not incurred any liability or indebtedness except that referred to herein for
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which the Husband shall have any financial responsibility, and that she will indemnify,
save and hold the Husband harmless from any obligation which she has incurred. In the
event that either party should fail to pay any of the debts he has agreed to pay
hereinabove, or should such party be so late in paying any such debt as to impair his or
their credit ratings, and such non-payment or late payment should have the potential to
effect the credit-worthiness of the other party, the innocent party, at his sole and only
discretion and option, shall have the right to pay such debt in a timely manner and to
obtain indemnification from the breaching party for any such payments made. In such
case, the innocent party shall be entitled to recover from the breaching party any and all
damages incurred or suffered, including interest at the rate of8% per annum on services
paid for the other party from the date paid, all such sums paid by said innocent party on
behalf of the breaching party, and reasonable attorneys' fees for any actions taken to
enforce the provisions of this paragraph. Nothing contained herein should be in any way
construed to permit or allow either party to delay or default in making payments agreed
to be made hereinabove, nor does the payment of any such debt or debts by the innocent
party in any way discharge the breaching party from the obligation to pay all such debts.
11. NO JOINT FUTURE INDEBTEDNESS. It is further understood and agreed that
from and after the execution of this Agreement, neither of the parties hereto shall
contract or incur any obligation or liability for which the other may become personally
liable. The parties also agree to indemnify and hold the other harmless from any charge,
liability or expense in breach of this paragraph.
12. TRANSFERS OF PROPERTY INCIDENT TO DIVORCE. The parties agree (i)
that the transfers of property hereunder are related to the divorce; (ii) that the transfers
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of property hereunder are transfers incident to divorce and are related to the cessation
of the marriage; (iii) that the intent and purpose of this Agreement is for the transfers of
property hereunder to be tax free pursuant to Section 1041 of the Internal Revenue Code
and the applicable provisions of the state or federal income tax law and regulations to
give full force and effect to their aforesaid intent and purpose.
13. MUTUAL RELEASES. Each of the parties hereto does hereby give, grant, bargain,
sell, convey, release, set over and quitclaim unto the other, his heirs and assigns forever,
all and every right or interest, estate or estates whatsoever which said party now has or
may hereinafter have by reason of said marital relationship in any property, real,
personal, or mixed, and each and every right, interest, and estate or estates whatsoever
he has heretofore acquired or may hereafter acquire in and to all property that the said
other party now has, owns, or has an interest in, as well as any rights, interest, title or
estate whatsoever, in any and all property, whether real, personal or mixed, which the
other might hereafter acquire or become the owner of or obtain an interest in, and each
of said parties covenants with the other for the consideration aforesaid that he will not
at any time in the future make any claim to any interest or estate whatsoever in any
property, whether real, personal or mixed, which the other now owns or may hereafter
acquire except as otherwise provided in this Agreement. It is further agreed that each
of the parties hereto may from the date of this Agreement, and at all times thereafter,
purchase, acquire, own, hold, possess, encumber, dispose of, and convey any and all
classes and kinds of property, both real and personal, as though unmarried and free from
the consent, joined or interference of the other party.
14. EQUITABLE DISTRIBUTION. It is the express intent of the parties that this
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Agreement and Settlement shall be deemed to be equitable and shall be in lieu of any
rights either party may have to an equitable distribution under North Carolina General
Statutes 50-20 or any other comparable or similar law of this or any other State, and as
part ofthe mutual consideration exchanged by the parties for this Agreement, each party
does hereby waive and relinquish any and all such rights as he might otherwise have
under such statutes. The parties specifically agree that the property settlement and
alimony provisions are integrated and both are taken into consideration in drafting this
Separation Agreement.
15. EFFECT OF RECONCILIATION. In the event of reconciliation and resumption of
the marital relationship between the parties, the provisions of this Agreement relating
to the settlement of property rights shall nevertheless continue in full force and effect
without abatement of any term or provision thereof, except as otherwise provided by
written agreement duly executed by each of the parties after the date of the
reconciliation.
ARTICLE IV:
ALIMONY AND SPOUSAL SUPPORT
1. PROVISIONS FOR ALIMONY AND SPOUSAL SUPPORT.
a. Waiver of Alimony In consideration of the premises and the execution of this
Agreement, each party does hereby release the other and from any and all duty
and obligation for support, alimony, and/or maintenance, and each party
specifically waives and releases any right he or she may have to alimony,
alimony pendente lite or support and maintenance of the other.
Page 13
ARTICLE V:
RELEASES & GENERAL PROVISIONS
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1. BINDING EFFECT. It is hereby mutually covenanted and agreed that all covenants,
stipulations and agreements contained in this instrument shall apply to and be obligatory
upon the heirs, executors, administrators, or assigns of the parties hereto.
2. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time, at the
request of the other, execute, acknowledge and deliver to the other any and all future
instruments which may reasonably be required to give full force and effect to the
3. ACTION FOR DIVORCE. Nothing contained herein shall be deemed to prevent or
preclude either of the parties hereto from maintaining a suit for absolute divorce based
upon the separation of the parties in this or any other jurisdiction. This Separation
Agreement and Property Settlement shall not be incorporated into the divorce judgment
except as it relates to child custody and child support.
4. REPRESENTATION BY COUNSEL. The parties acknowledge and agree that the
Husband has retained Jill E. Burton and has consulted with said attorney with respect
to the protection of his interests in the negotiation and preparation of this Separation
Agreement and Property Settlement
The parties acknowledge and agree that the Wife has retained Karen Davidson, and has
consulted with said attorney with respect to the protection of her interests in the
negotiation and preparation ofthis Separation Agreement and Property Settlement. The
parties agree and stipulate that each of them has read this Agreement, and every one of
the provisions hereof, and has had sufficient opportunity to review this Agreement, by
himself and/or with assistance of counsel, and has done so prior to entering into it, and
having first done so, now voluntarily executes the same, free of any duress of any kind
Page 14
or nature.
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5. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the
parties hereto, and there are no representations, warranties, covenants, or undertakings
other than those expressly set forth herein. No statements, matters, or representations,
oral or written, extrinsic to this Agreement shall be relied upon or have any force or
effect.
6. MODIFICATION AND WAIVER. A modification or waiver of any ofthe provisions
of this Agreement shall be effective only if made in writing and executed with the same
formality as this Agreement. The failure of either party to insist upon strict performance
of any of the provisions of this Agreement shall not be construed as a waiver of a
subsequent default of the same or similar nature.
7. USE OF PRONOUNS. Throughout this Agreement, the use of the masculine pronoun
shall also include the feminine and neuter, and shall refer to either party or both parties,
as the context may require.
8. CONSTRUCTION AND FORUM. The laws of the State of North Carolina shall
govern the interpretation of all provisions ofthis Agreement, and the parties agree that
any action brought under or to enforce any provision hereof, or to interpret any provision
hereof, shall be instituted in Durham County, North Carolina, which shall be the
appropriate forum for any such action or proceeding.
9. BREACH. In the event that either party to this Agreement breaches any of his or her
obligations under this Agreement, the aggrieved party shall have the right to sue for
damages for such breach, to sue to rescind the Agreement and/or to maintain any action
at law or in equity or seek any and all remedies to him or her, including but not limited
to specific performances and recovering attorney fees and costs associated with the
breach of the Agreement.
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10. DISCLOSURE AND INDUCEMENT. Each party warrants to the other that he or she
has made a full and complete disclosure as to all assets, real or personal, tangible or
intangible, in which each party has any interest, legal or equitable. Further, each has
made disclosure as to the reasonable worth or market value of such assets. These assets
include interests in pension, profit sharing and/or retirement benefits; all real estate; all
business interests; all life insurance; all medical casualty, disability or other insurance
coverage; all cash or other deposit accounts; all stocks, bonds and/or mutual funds; all
tangible personal property, including household furnishings, appliances, objects of art,
automobiles, boats, jewelry, equipment and the like. Further, each has made a full and
complete disclosure as to all income or other funds received by each from any source
whatsoever. The disclosures made by each recognized as being material and are made
to induce the other to execute this Agreement.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals to this
Agreement for the purposes herein expressed.
(
OJ rL-
J
", G'\/.
This the day of ____ ,"<+o __ ,

Page 16
COUNTY OF
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I, t:, ..... j /1) , a Notary Public in and for said County and State, do hereby
certify that W; J:"", personally appeared before me this day and acknowledged her due
execution of the foregoing Separation Agreement and Property Settlement for the purposes therein
expressed.
Witness my hand and not,arv seal ... this J3
A
day Of __ lh,:p<' ____ , 20 dlo.
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COUNTY
I, , a Notary Public in and for said County and State, do
hereby certify that appeared before me this day and acknowledged his
due execution of the foreg ng Separation Agreement and Property Settlement for the purposes therein
expressed.
Witness my hand and notary seal, this day of----' .... ___ ,
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My commission expires: t. PUBL\c.i
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Page 17
Wake County
ANDREWS
(Page 1 of 20)
BK013495PG00201
,
NORTH CAROLINA
HC 284
LAURA M RIDDICK
REGISTER Of DEEDS
PRESEHTED 8 RECORDED OK

WAKE COUNTY
SETTLEMENT AGREEMENT
BOOK:e1349S PAGE:88281 - 88228
THIS SEPARATION AND PROPERTY SETTLEMENT AGREEMENT, made on
the of March, 2008, between DAVID J. ANDREWS, herein referred to as
"Husband," being a resident of Wake County, North Carolina, and LISA R. ANDREWS, herein
referred to as "Wife," being a resident of Wake County, North Carolina;
W I TN E S SETH:
WHEREAS, THE PARTIES ARE Husband and Wife, having been married on July 19,
2003; and
WHEREAS, there were two (2) children born of the marriage, to-wit: Emory J.
Andrews, born October 17, 2003 and Stella E. Andrews, born March 5, 2006; and
WHEREAS, the parties separated on February 25, 2008; they intend to live separate Bnd
apart for the remainder of their natural lives; and
WHEREAS, the parties desire by this instrument to confirm their separation and to set
down the terms and conditions thereof, incl uding providing for the distribution of marital
property in an equitable manner, and therefore agree that it is in the best interests of each of them
to make and enter into this Separation and Property Settlement Agreement; and
WHEREAS, in order to be fully advised and informed in connection with the
negotiations for and the preparation of this Agreement, Husband has been represented by
Nicholas J. Dombali s, II, of the law firm of NICHOLLS & CRAMPTON, P.A., Raleigh, North
Carolina, and Wife is representing herself. Wife has been advised that Mr. Dombalis cannot and
{I 19
nitial DBte
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BK013495PG 00202
does not represent h<r interest in this matter and that she should seek separate counsel to advise
her in cOtulection with thi s agreement.
NOW, THEREFORE, in consideration of the reasons recited above and the mutual
promises and covenants of the parties hereinafter set forth, and other good and valuable
consideration, the receipt whereof which is hereby respectively acknowledged by the parties,
Husband and Wife agree as follows:
1. Separation. It shall be lawful for, and the said Husband and Wife shall at all
times hereafter, live separate and apart, each free from the marital control and authority of the
other, direct or indirect, as fully as if he or she were sole and unmarried. Except as otherwise
provided in this Agreement, each of the parties shall have the right to reside at such place Or
places as he or she shall select. Neither party hereto shall hereafter molest nor in any way
interfere with the other in any manner or defame the character of the other, Neither party will
compel nor attempt to compel the other party to cohabit or dwell with him or her.
2. Subsequent Property Iran!adigns. Except as otherwise provided herein, either
party may, at any time hereafter, acquire, possess, encumber, transfer, convey, or otherwise deal
with any and all classes of property, real or personal, tangible or intangible or mixed, whether
now owned or possessed or hereafter acquired by either of them, without the j oinder or consent
of the other party and with the same force and effect as if they were unmarried,
3, Release of Property and Estale Rights. Each party hereby waives, relinquishes,
renoUllces, and quitclaims to the other and his or her heirs or assigns any and all rights, tille,
interest, and control he or she may now have or shall hereafter acquire under the present or
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future laws of any jurisdiction in, to, or over the person, property, or estate of the other, arising
by reason of their marital relationship or under any previously executed instrument or Will made
by either or them, including, but not limited to, dower, curtesy, stannary allowance, widow's
allowance, homestead rights, right to take in the event of intestacy. right to any share as the
surviving spouse, any right of election, right to take against the Last Will and Testament of the
other or to dissent therefrom, right to act as Administrator or Executor of the estate of either. and
any and all other rights. title, or interest of any kind in and to any said property or estate of any
kind of the other; provided. however. this provision shall not apply to any real property retained
by the parties as tenants by the entirety so long. but only so long, as said estate by the entirety
continues.
4. Waiver of Alimony. Each party hereby waives any claim against the other for
support, maintenance, and alimony, both post separation support and pennanent, h being
understood that this settlement is a total and complete release of the other party of all matters
and charges whatsoever except as set forth herein.
5. Child Support. Husband shall pay Wife temporary child support at the rate of
$700.00 per month beginning in March 2008. The first such payment shall be made
contemporaneously with the execution of this agreement. All future payments will be made on
the 5'" day of each month thereafter. Temporary child support shall continue to be paid at this
rate through February of2009. At that time the parties will exchange income and other pertinent
informgtion in order to calculate the amount of child support thgt husband will pay on a
permanent basis beginning March 2009 based upon the North Carolina Child Support
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Guidelines. If the parties are unable to agree as to the appropriate amount of child support that
Husband should pay, then either party shall have the right 10 file a claim in Wake County
District Court seeking a determination of permanent child support by the Court. The agreement
for Husband to pay Wife 5700 per month for one year shall be without prejudice to either party
on the issue of permaneni child support. Wife shan be solely responsible for paying child care
for the Minor Chi ldren.
6. Health Insurance for Minor Children. Wife is employed by Habitat for
Humanity
and provides hospital and medical insurance for the Minor Children through her employment.
Wife shall continue to provide at her expense hospital and medical insurance for the Minor
Children. Wife shall be solely responsible for paying any CQ-pays and other unreimbursed health
care related expenses for the Minor Children, such as medical, dental, orthodontic, counseling,
and optometry. 7. Health InSUrance for Husband. Wife is an employee of Habitat
for Humanity. Husband is insured under a hospital and medical insurance policy provided
through Wife' s employer. Wife pays the premiums for the same. Wife will CQntinue to provide
hospital and medical insurance for Husband under the current hospital and medical insurance
plan provided through her employer for so long as she continues to be employed by Habitat for
Humanity. Wife' s obligation to provide health insurance for Husband shall terminate earlier
upon the entry of an absolute divorce decree. Thereafter, Wife shall no longer be obligated to
pay the premiums for hospital and medical insurance for Husband, but will cooperate with
Husband in his efforts to continue this coverage under COBRA, if eligible.
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Wife shall be solely liable for any health care expenses incurred by her at any time and
indemnifies Husband and holds him harmless from any obligation thereon.
Husband shall be solely liable for any health care expenses incurred by him at any time
and indemnifies Wife and holds her harmless from any obligation thereon.
8. Financial Obligation. After the execution of this Agreement, and except as
otherwise provided in this Agreement, Husband and Wife shall each be solely responsible for his
or her respective bills and financial obligations. Neither party shall make nor incur any bills or
financial obligations for which the other shall be liable, nor secure or attempt to secure any credit
upon or in connection with the other, or in his name or her name. Each shall save the other
harmless from any liability therefor.
9. Child Custody. The parties agree that it is in the best interest of the minor
children for them to have joint legal custody of the minor children. Wife shall have primary
physical custody of the minor children. Husband shall have secondary physical custody of the
minor children, with visitation. The minor children shall reside primarily with Wife. Husband
shall have physical custody ofthe minor children al the following times:
Every other Friday evening begilUling at 6;00 p.m. until Monday morning at 8:00 a.m.
The above schedule will be superseded on the holidays of Easter, Memorial Day, Fourth
of July, Labor Day, Thanksgiving, Christmas, and on other special occasions listed below, and
the following will be substituted therefor:
A. The Thanksgiving holiday shall be alternated between the parties with
Husband having physical custody of the minor children for the Thanksgiving holiday in odd

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numbered years, and Wife having physical custody of the minor children for the Thanksgiving
holiday in even numbered years. Said Thanksgiving holiday shall begin at the close of the
school day preceding Thanksgiving until the minor children return to school the Monday
morning following the Thanksgiving holiday. This schedule shall remain in place unless the
parties mutually agree otherwise.
B. The Christmas holiday schedule shall be alternated between the parties as
follows: Wife shall have physical custody of the minor children beginning at the close of school
preceding the Christmas holiday until 2 :00 p.m. on Christmas Day in odd numbered years;
Husband shall have physical custody beginning at the close of school preceding the Christmas
holiday until 2:00 p.m. on Christmas Day in even numbered years. Husband shall have physical
custody of the minor children for the Christmas holiday beginning at 2 :00 p.m. on Christmas
Day until the minor children relum to school following the Christmas holiday in odd numbered
years. Wife shall have physical custody of the minor children for the Chrislmas holiday
beginning .1 2:00 p.m. on Christmas Day until the minor children return to school following Ihe
Christmas holiday in even numbered years. This schedule shall remain in place IIIlless the
parties mutually agree otherwise.
C. The parties shall alternate Easter weekend, with the holiday beginning on
Good Friday at 5:00 p.m. and ending on Easter Sunday at 7:00 p.m. Husband shall have
physical custody of the minor children in odd numbered years, and Wife shall have physical
custody of the minor children over Ihe Easter weekend in even numbered years. This schedule
shall remain in place unless Ihe parties mutually agree otherwise.
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D. The panies shall alternate lne Fourth of July holiday beginning at 6:00
p.m. on the day before the Fourth of July until 6:00 p.m. the day following the Fourth of July.
Husband shall have physical cuslody of Ihe minor children over Ihe Fourih of July holiday in odd
numbered, and Wife shall have physical cuslody of lhe minor children over the Fourth of July
holiday in even numbered years. This schedule shall remain in place unless the parties mutually
agree olherwise.
E. The panies shall alternate Memorial Day weekend from 6:00 p.m. on the
Friday preceding Memorial Day weekend until 8:00 p.m. on Memorial Day, with Wife having
physical custody of the minor children over Memorial Day weekend in odd numbered years, and
Husband having physical custody of the minor children over Memorial Day weekend in even
numbered years. This schedule shall remain in place unless the panies mutually agree
otherwise.
F. The parties shall alternate Labor Day weekend from 6:00 p.m. on the
Friday preceding Labor Day weekend until 8:00 p.m. on Labor Day, with Wife having physical
custody of the minor children over Labor Day weekend in odd numbered years, and Husband
having physical custody of the minor children over Labor Day weekend in even numbered years.
This schedule shall remain in place unless the panies mutually agree otherwise.
G. The minor children shall spend Mother' s Day with Wife, and they shall
spend Father' s Day with Husband.
H. Husband shall have physical custody of the minor children for one (I)
week [seven (7) days] during each of the following months: June, July, and August . Husband
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BK013495P.G00208
shall notify Wife by April 1" each year of the weeks during which he will have custody of the
minor children. Visitation shall occur from 6:00 p.m. on Friday until the following Friday at
6:00 p.m.
The parties shall discuss with each other all important issues concerning the minor
children and will endeavor to make joint decisions as to any such issues. If they are unable to
agree, Wife shall have the final say so. They Neither party shall attempt nor condone any
auempt, directly or indirectly, to estrange the minor children from the other party or to injure or
impair the minor children's natural love and affection for the other parent. The parties shall
encourage and foster in the minor children respect and affection for both parents at all times.
Each party shall keep the other advised as to any serious illness or other major
development with respect to the minor children.
Each party shall be entitled to immediate access from the other or from a third party or
parties to all records and infonnat ion pertaining to the minor children, including, but not limited
to, medical, dental, health, school, educational, and/or psychological records.
Each party shall be entitled to speak to the minor children by telephone at reasonable
times and intervals when the minor children are with the other party.
10. Real Property. The parties own a house and lot located at 652 South Lakeside
Dri ve, Raleigh, North Carolina ("Marital Home"). Marital Home is owned by the parties as
tenants by the entireties. The parties are j ointly obligated on a promissory note to State
Employees Credit Union ("SECU")secured by a deed of trust on Marital Home ("First
'\)"5Et
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Mortgage"). The parties are also obligated on a Promissory Note to SECU secured by a Home
Equity Line on Martial Home ("Home Equity Line").
Husband shall transfer title to Marital Home to Wife via Non Warranty Deed. He
shall do so contemporaneously with the execution of this agreement. Except as otherwise
provided herein, Wife shall hereafter have exclusive possession and ownership of Marital Home
and shall be solely responsible. for payment of all expenses associated with Marital Home,
including, without limitation, First Mortgage (including taxes and insurance), Home Equity Line,
utilities, repairs, and maintenance. Wife indemnifies Husband and holds him harmless from any
obligation thereon. Wife shall execute such documents as are necessary to ensure that Husband
will be notified in the event that there is a default by her on the terms of the First Mortgage or
Home Equity Line.
Should Wife breach the terms of this Agreement by failing to pay First Mortgage, Home
Equity Line, taxes, or insurance, the Marital Home will be immediately listed for sale with a
licensed real estate agent. The Manial Home will be listed on MLS. The listing price shall be
recommended by the listing realtor. Wife will accept any offer which is within 2% of the asking
price. Wife shall be entitled to 100% of the net proceeds from the sale of Marital Home.
For a period of one year from the date of this agreement, Husband will be permitted to
keep his metal shed, trailers, and truck at the Marital Home. He shall have access to the Marital
Home for the purpose of accessing the shed, the truck and the trailers. He shall not enter the
inside of Marital Home without Wife' s prior permission. By no later than April I, 2009
Husband shall remove the trailers, the shed, the contents of the shed and his truck from the
PSI?

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premises.
11 Personal ProlXrtv. The parties own certain tangible personal property,
including, without limitation, furniture, household items, artWork, and collectibles. Such items
have been divided by Ihe parties, excepllhal Husband shall be permitted to remove from Marital
Home his personal items, including clothes and tools. Husband shall have sole and exclusive
ownership and possession of all such property in his possession as of the date of the execution of
this agreement. Wife shall have sole and exclusive ownership and possession of all such
person.1 property in her possession as of ihe d.te of ihe execution of this .greemenl. E.ch party
shall have sole ownership and possession of his or her own clothing, lools of trade, personal
items, and toiletries.
IIA. Motor Vehjcles. Husband and Wife own an Econoliner Van. The van is j ointly
litled. The panies are jointly obligated on a Promissory Note secured by a lien on the Econoliner
Van ("Car Loan"). Husband shall hereafter be entitled to exclusive ownership and possession of
the Econoliner Van, and he shall be solely responsible for payment of all liabilities arising out of
his sole ownership, including without limitation, payment of Car Loan, laxes, and insurance.
Wife hereby appoints Husband as her attorney-in-faci to execute any all documents necessary to
transfer to Husband title to the Econoliner Van. Husband indemnifies Wife and holds her
harmless from any obligation thereon.
Husband owns a GMC pickup truck. There is no lien on the truck. Husband shall
hereafter be entitled to exclusive ownership and possession of the truck and shall be responsible
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BK013495PG00211
for all liabilities arising out of his sole ownership, including payment of taxes and insurance.
Husband indemnifies Wife and holds her harmless from any obligation thereon.
Wife owns a Land Rover SUV, There is no lien on the Land Rover. Wife shall hereafter
have sale and exclusive ownership and possession of the Land Rover SUV, Wife shall be
responsible for all liabilities arising out of her sole ownership, including payment of taxes and
insurance. Wife indemnifies Husband and holds him harmless from any obligation thereon.
Husband owns two trailers. There are no liens on the trailers. Husband shall be entitled
to exclusi ye ovmership and possession of the trailers and shall be responsible for payment of all
liabilities arising out of his sole ownership, including, taxes and insurance. Husband indemnifies
Wife and holds her harmless from any obligation thereon.
Each party shall be solely responsible for any damages or liability arising out of the
operation and use of his or her motor vehicle at any time after the date of separation. Each
indemnifies the other and holds the other harmless from any obligation thereon.
lIB. Stocks. Bonds. and Mutual Funds, Other than stocks, bonds, and mutual funds
which the panies may have in their retirement accounts, the panies own no stocks, bonds, or
mutual funds. Any stocks, bonds, or mutual funds in the panies' retirement accounts are dealt
with separately below.
II C. Life Insurance. The parties own no life insurance with any cash value.
Wife does have term life insurance through her employer. She maintains a policy on her life with
Huspand iI$ the b e e f i c i ~ and a P\'licy on Husband's life with her as the beneficiary. Wife shall
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BKD13495PGDD212
maintain these pol icies in full force and effect as long as she is employed with Habitat. The
parties will not change the beneficiary designation.
liD. Bank Accounts. The pariies have one joint checking account with State
Employees Credit Union. Wife shall be entitled to the funds in this account and will then close
this account. Husband shall have sole and exclusive ownership and possession of any funds in
any bank accounts in his sole name. Wife releases any and all interest that she may have in the
same. Wife shall have sole and exclusive ownership and possession of any funds in any bank
accounts in her sole name. Husband releases any and all interest that he may have in the same.
liE. Reti...,ment Accounts. Wife has a retirement account in her name through her
employer, Habitat for Humanity. Wife shall have this retirement account as her sole and
separate property, and Husband releases any and all interest that he has in the same. Husband
bas no retirement type accounts.
The parties have no other retirement-type accounts. Each party rei eases any and all
interest that he or she may have in the retirement account of the other. Each party agrees to
execute any and all papers and instruments as may be required so as to release such party's
interest in the retirement account of the other party.
II F. Release. All items of tangible and intangible property allocated pursuant to
paragraph 10 to each of the respective parties shall be owned, held, and enjoyed by said party
independently of any claim or right of the other, with the full power to dispose of the same as
fully and as effectively, in all respects and for all purposes, the same as if he or she were
unmarried, except as otherwise provided herein. The parties agree to execute any and all papers
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BK 013495PG 00 213
and instruments in writing if and as when such execution shall be necessary in order to effectuate
the express provisions hereof.
12. Present Outstanding Debts.
A. Husband shall be solel y responsible for payment of the following debts,
all of which are in his name:
(I) CitiBank .... 9811
(2) CitiBank .... 3227
(3) Sears .. .. 5759
(4) Ci tgo .... 9802
(5) Cap One .... 8829
(6) VISA .... 0286
Husband indemnifies Wife and holds Wife hamlless from any obligation thereon.
8. Except as otherwise provided herein, Wife shall be solely responsible for
payment of any other debts which are in her name or which are injoint names, including without
limitation, any credit card debts and the unsecured debt owing to Bank of America. By
execution of this agreement Wife represents that Husband is not obligated on any credit cards
other than the credit cards which he has Obligated himself to pay pursuant to the terms of this
agreement .
Wife agrees to place a freeze (such that these cards can longer be used) upon any credit
debts that she has agreed to pay pursuant to the terms of this agreement and on which Husband is
an obligor.
Wife indemnifies Husband and holds Husband harmless from any obligation thereon.
Except as otherwise provided herein, each pany agrees to be solely responsible for any
debts or liabilities incurred by him or her following the date of separation. Each indemnifies the
other and holds the other harmless from any liability thereon.
mit
CJ7!.c:..
Initial Initial
Page 13
(Page 14 of 20)
BK013495PG00214
13. Transfer of Prooerty locident to Diyorc:e. The parties agree that all the
transfers
of property pursuant to this Agreement are related to the parties' divorce and are related to the
cessation of the marriage, the intent and purpose of this Agreement is for the transfer of property
hereunder to be tax-free pursuant to Sec. 1041 of the Internal Revenue Code and for no gain or
loss to be recognized by either party as a result of such transfer. Except as otherwise provided
herei n, each party shall be solely responsible for any taxes owed in connection with ownership of
property distributed to him or her pursuant to this Agreement.
14. Affect of Reconciliation on Prooerty Settlement. In the event of reconciliation
and resumption of the marital relationship between the parties, the provisions of this Agreement
for settlement of property rights shall nevertheless continue in full force and effect without
abatement of any term or provision hereof, except as provided by written agreement duly
executed by each of the parties after the date of the reconciliation.
15. Mutual R.I Of All PropertY Claims. Except as otherwise provided herein,
Husband and Wife grant, release, and forever quitclaim each to the other al l right, title, interest,
claim, and demand whatsoever in the real estate of which either is now seized or may hereafter
seize, and each releases all rigbts be or sbe now has or may hereafter acquire in the personal
estate of the other. whether such rights ari se under any statute of distribution or by virtUe of any
right of election or otherwise, and each waives any right of administration in the estate or any
benefit under any existing will of the other or the death oflhe otber. The provisions of this
p')4
~ o o
Page 14
3- I {f ' ;:' '--
Date
(Page 15 of 20)
SKOt 3495PG002t5
paragraph are subject to all rights and claims which either party may have against the other or
.g.inst his or her estate under and pursuant to the terms of this Agreement.
16. Waiver of Equitable Distribution. Both parties voluntarily and expressly waive
any right to disclosure of property or financial obligations beyond the disclosure provided
herein. Each party understands and agrees Ihat Agreement does not contain an all .. inclusive
list of the parties' marital property.
The parties acknowledge that they have been informed that there is a law in North
Carolina which allows the equitable divisi on of marital and divisible property, and th.t they have
been advised of the effects of the l.w, including (but not limited to) the following:
A. Equitable distribution became a North Carolina iaw effecti ve October I,
1981, has been modified several times, and applies to all Chapter 50 legal
actions filed on or after October I, 198 I;
B. Propeny includes real estate and personal propeny (such as b.nk
accounts, furniture, cars, stocks, business interests, and so on), whether
titled jointly or in the sale narne of Husband or Wife;
C. Marital propeny is all propeny obtained by either party or both of them
during the marriage, with limited exceptions (such as gifts and
businesslprofe.lsionalliccnses); divisible property includes property
received by either party after the date of separation and which falls within
those categories of property listed in N.C.G.S. 50-20;
D. The judge may equitably divide the marital and divisible property of the
parties;
E. It is presumed that such a fair division of property will be an equal
division between the parties; altd
F. There are other facts the judge can use to divide the property other than
equally.
7J
Date
Page 15
'Jr2A.
Initial
;; - 1'/ --;,"'---
Date
(Page 16 of 20)
BK013495PG00216
The panies waive and give up the right to ask the Court to di vide their property. They
acknowledge that they have fully advised each other as to the nature and extent of each other's
property. They agree to the property division in trus separation and Property Senlement
Agreement in place of an equitable or equal division of marital and divisible property by the
Court.
17. Miscellaneous. Wife has filed against Husband a Domestic Violence Protective
Complaint which is now pending in Wake Country District Court. The file number is 08 CvD
3019. Simultaneously with the execution of this agreement Wife will file a voluntary dismissal
with prej udice to the Domestic Violence Protective Complaint.
Subsequent to being served with the Ex Parte Domestic Violence Proteclive Order,
Husband was charged with violating the Domestic Violence Protective Order by contacting
Wife. The file number for this charge is 08 CR 11257 which is pending in Wake County District
Court. Wife shall request the District Anomey' s Office to dismiss this criminal charge against
Husband.
E a ~ h party agrees not to assault, threaten, abuse, follow, or harass the other,
18. Partial Invalidity. If any provision of this Agreement is held to be invalid or
unenforceable, all other provisions shall nevertheless continue in full force and effect.
19. Performance. The parties agree that the remedy at law for any breach of this
Agreement will be inadequate unless the provisions hereof shall be enforceable by specific
perfonnance, and accordingly, either pany shall be entitled to specifically enforce the provisions
of this Agreement as allowed by North Carolina law. The right to specific enforcement of this
J>'2f1
~ /1/. 0 C5 , } ~
Page 16
(Page 17 of 20)
BK013495PG00217
Agreement shall be in addition to all other rights and remedies either party may have at law or in
equity arising by reason of any breach of the Agreement by the other party. In the event that
either party shall institute an action to enforce the provisions of this Agreement, the party
detenmined to
be responsible to the other, whether such detenmination is made by adjudication or settlement,
shall indemnify and hold the prevailing party harmless from all reasonable attorneys' fees, Court
costs, and related expenses incurred by such parry.
2(). Situs. This Agreement shall be construed and governed in accordance with the
laws of the State of North Carolina.
21. Entire Agreement. This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants, or undertakings other than those
expressly set forth herein, and the same constitutes a merger or integration of the Separation and
Property Settlement Agreement of the parties.
22. Memorandum of Agreement. Rather than having this Agreement recorded in
the office of the Register of Deeds, the parties agree to execute a Memorandum of Separation
Agreement for recordation simultaneously with the execution of this Agreement.
23. Subsequent Divorce. Nothing contained herein shall bar or prevent either parry
from the institution of a suit for absolute divorce, but in such case, the filing party shall pay all
costs incident thereto and make no demand for costs of the other parry. No divorce judgment
shall terminate or relieve the parties of the obligations assumed by them under the provisions of
this Agreement.
D:>.4
Initial
:; -/l(-O(J
Date
?he",
Initial
3'-tlf- ()8
Date
Page 17
(Page 18 of 20)
BK013491PG00218
It is directly agreed and understood by the parties that this Agreement is not made for the
purpose offacilitating a divorce between the parties, nor is there any agreement that either party
shall not defend against any action for divorce brought by the other party, but this Agreement is
made without prejudice to the right of either party to seek a divorce, and the provisions hereof
shall remain in full force and effect, whether or not either party seeks a divorce at any time
hereafter. This
Agreement shall not be incorporated into or made a part of a divorce judgment dissolving the
marriage of the parties.
This is an integrated settlement, and the property settlement provisions herein constitute
reciprocal consideration for the provisions contained in the deed of separation. Accordingly, the
provisions of the Separation and Property Settlement Agreement are not separable or modifiable
without the consent of the parties.
IN TESTIMONY \VHEREOF, the parties hereto have set their hands and seals to this
Separation and Property Settlement Agreement in duplicate originals, one of which is retained
by each of the parties, on the day and year first ahove written.

3-ICj.oo
Illitial Date

DAViD J. ANDREWS
:::....:...:"-----'----_(SEAL)
LISA R. ANDREWS

Initial
Page 18
"'? - It.{ o;r-
Date
(Page 19 of 20)
BK013495PG00219
.
NORTH CAROLINA
WAKE COUNTY
I, a Notary Public of the County and State aforesaid, cenifY that DAVID J. ANDREWS
personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
Witness my hand and official stamp or seal this Jrty of March, 2008.

,
NORTH CAROLINA
WAKE COUNTY

NOTARY PUBLIC
SHELlAf-I M. DENNEY
NOTARY PUBLIC
M WAKE COUNTY, N.C.
y CommiSSIOn EXpire:s June 26. 2008.
I, a Notary Public of the County and State aforesaid, cenifY that LISA R. ANDREWS
personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
Witness my hand and official stamp or seal this J!1!!;..y of March, 2008.
::x.. , d-OOg
12")4

Initial Date

NOTARY PUBLIC
Page 19
SHELIAH M. DENNEY
NOTARY PUBLIC
WAKE COUNTY, N.C.
My CDI"""niSSlon Expire6 JUM 26, 2Q08 .
.)'c;,
Initial
(Page 20 of 20)
BK013415PG 00220
BOOK:81349S PAGE:e8a81 - 8822e
YrUow p!'9l1alr is a \'ital part ill your re,onled
Please retain with original document and submit for rerecording.
Wake County Register of Deeds
Laura M. Riddick
Register of Deeds
This Customer Group This Document
_____ ## of Ti me Sumps Needed
New lime Siamp
- ZI')
!2.0IJ4.. 11Z1.Wt1
Wake County
CURNOW
(Page 1 of 21)
BK013531PG00223
, .. ..
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NORTH CAROLINA
WAKE COUNTY
THIS SEPARATION AGREEMENT AND PROPERTY SETTLEMENT
made and entered into h ~ t f a a y of . 2009. by and between . party of
the first part GEORGE ALEXANDER CURNOW, JR. (hereinafter referred to as
"Husband") of Wake County, North Carolina; and. CAMILLA CURNOW party of
the second part (hereinafter referred to as ''Wife''), of Wake County, North
Carolina;
WHEREAS, the parties hereto were married to each other on October 20,
2001 , and said parties are now lawfully married; and,
WHEREAS, the parties do not have any minor children; and,
WHEREAS, the parties have found that in consequence of Wlfe's illicit
sexual behavior, abandonment of Husband, and malicious turning out-of-doors of
Husband, that it is reasonably necessary for the health and happiness of Wife
that they should live separate and apart; and,
WHEREAS, Wife has decided that, despite efforts by Husband toward
reconciliation, they should continue to live separate and apart. Therefore. the
parties desire by this Separation Agreement and Property Settlement to confirm
their separation and set down the terms and conditions thereof, including
property settlement and other rights and obligations arising out of the marriage
relationship between them;
WAKE COUNTY, NC 153
LAURA Ii R lDD iCK
REGISTER OF DEEDS
PRESENTED & RECORDED OH
85/14/2989 AT 11:33:48
(Page 2 of 21)
BK013531 PG 00224
..
NOW, THEREFORE, it is mutually agreed between Husband and Wife as
follows:
1. CONSIDERATION. The wnliderlltion for this Agreement is the mutual
promises. covenants and agreements herein contained, and other good and
valuable consideration. receipt of which is mutually acknowledged.
2. SEPARATION. Wife maliciously turned Husband out-of-doors on or about the
21st day of February. 2009. Therefore, the parties separa1ed on or about the
21st day of February. 2009 with the Intention to live separate and apart
thereafter, after said date.
3. NO INTERFERENCE OR MOLESWION. Neither party will in any way
molest or interfere in any manner or at any time with the personal rights,
liberties, or privileges of the other.
4. ALIMONY. Wife shall be the payor of alimony to Husband according to the
terms set forth below:
a. WIfe shall pay Husband alimony as follows: $2,000 per month for 42
months (3.5 years) effective April 13, 2009, with the final payment on
November 1, 2012. Until the date of the divorce, alimony shall be paid in
the amount of $2,100: the additional $100 will represents Wife's half of the
Arnica automobile insurance policy. A prora1ed amount of $1 ,260 will be
paid to Husband on or about April 25. 2009. for the period of April 13.
2009 to April 30, 2009.
Plge 2 0120
(Page 3 of 21)
BK013531 PGOO 225
..
b. Wife shall make alimony payments to Husband on the 1" day of each
month. The first payment shall be due on the first day of the first month
after this Agreement is fully executed.
c. Alimony payments shall be taxable to Husband and deductible to Wife.
d. If Wife's income, from any source, increases, fifty (50) percent of said
increase shall be added to the monthly alimony payments to Husband. If
wife's income decreases, this will in no way decrease the amount of
alimony paid to Husband.
e. Alimony shall tenninate upon the first to occur of the following: death of
the Wife, death of the Husband, or the date agreed upon in subsection 4a.
Wife agrees that cohaMation of Husband shall in no way affect this
Agreement and that Husband may cohaM with the individual of his
choosing, without said cohabitation tenninating alimony payments or in
any other way affecting this Agreement. Husband shall have the right to
enforce this provision and plead this Agreement as a bar to such actions
or claims. Wife does hereby covenant and agree that she will not institute
or pursue such an action or claim against Husband, and that such
institution or pursuit would constiMe a material breach of this Agreement.
5. PROPERTY SETTLEMENT PROV'SIONS .. PROPERTY D'VISION
SEULEMENT. Pursuant to N.C. Gen. Stat. Section 50-20(d), the parties
have agreed and provided for a settlement and distribution of alt their marital
property, as the tenn "marital property" is defined in Section 50-20(b)(1), and
have further agreed and provided for a settlement of all other property rights,
Page30f20
(Page 4 of 21)
BK013531PG00 226
' .
whether arising under any provision of the laws of the State of North Carolina
or arising under any provision of the laws of any other jurisdiction, their
property settlement and distribution is as follows:
6. REAL PROPERTY: Both parties hereto acknowledge that they are the joint
tenants on an apartment lease for an apartment located at the Highlands at
Brier Creek apartment complex, 10100 Rock Hollow Road, #208, Raleigh, NC
27617 (hereinafter "marital residence' ). The parties agree to cooperate and
work with Highlands Brier Creek to terminate the lease on the above address.
Each shall move into a separate residence at the Highlands, with a separate
lease in their own name. Pet deposit on current apartment will transfer to
husband's lease. Wife shall be solely responsible for all maintenance, repairs,
insurance premiums, and payments owed on the marital residence, and shall
render Husband harmless and indemnify from and against all obligations,
claims and expenses, including reasonable attorney' s fees, arising out of or
relating to any of these obligations from the date of separation forward.
7. AUTOMOBILES.
a. Husband shall have the 325i BMW that is leased in the names of both
Husband and Wife as his sole and separate property.
(1) Husband shall be solely responsible for all maintenance, repairs.
and payments owed on the automobile. as these costs have been
included in the monthly alimony and property settlement
calculations, and shall render Wife harmless and indemnify from
and against all obligations, claims and expenses, including
Page 4 0120
(Page 5 of 21)
BK013531 PG00227
' .
reasonable attorney's fees, arising out of or relating to any of these
obligations. The parties agree that auto insurance will be
maintained jointly for the first year, with each individual providing
their own insurance coverage upon the date of divorce.
b. Wife shall have the 2001 Toyota Camry as her sole and separate
property.
(1) Wife shall be solely responsible for all maintenance, repairs,
insurallC8 premiums, and payments owed on the vehicle, and shall
render Husband harmless and indemnify from and against all
obligations, claims and expenses, including reasonable attorney's
fees, arising out of or relating to any of these obligations.
8. FINANCIAL ACCOUNTS.
a. Joint account
(1) Wachovia Crown Banking Account ending in shall remain a
jOint account and all alimony payments shall be deposited into that
account. Wife shall in no way use this account for any purpose
other than the deposit of alimony payments.
b. Wife's Accounts
(1) Wife shall have the following bank accounts as her soJe and
separate property:
a. Wachovia Crown Banking Account Ending in
b. Wachovia Way2Save Account Ending in ;.
c. Husband's accounts
Page 5 of 20
3; and
(Page 6 of 21)
BK01 3531PG00228
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(1) Husband shall have the following bank accounts as his sole and
separate property:
a. Wachovia Account Ending in i
b. Wachovia Account Ending in : __ ..>,
c. Wachovia Account Ending in * ___ ': and
d. Wachovia Account Ending in i
d. Wachovia Securities Account Ending in;
(1) Husband and Wife agree to eQually divide the shares in this
account into separate accounts, and will cooperatively work with
Wachovia Securities representative to achieve this division within
90 days from the date this Agreement is signed.
e. Each party shall retain any other accounts that are in his or her individual
name as his or her sole and separate property, and the other party
hereby waives and releases any claim or interest in the same.
9. RETIREMENT BENEFITS and OTHER FINANCIAL ACCOUNTS.
a. At the time of separation, the parties had the following retirement accounts
with the listed values which are classified as marital property:
Name on Account FMV as of
Account 0310612009
WIFE Duke University $ 1404.00
WIFE PVT Diagnostic $ 542.00
WIFE UVA403(
$
765.00
WIFE UVA401(
- . --""
$ 31,693.00
WIFE UVA Health Prof 401(;- I $ 4,141 .00
'NIFE UVA Matching 40111
. --
$ 0.00
TOTAL $ 38,545.00
~ g e 6 0120
(Page 7 of 21)
BK013531PG00 229
b. In order to equalize the distribution of marital retirement assets, Wife shall
rollover to Husband, via QDRO, one-half the total shares of all retirement
accounts listed above. Said rollover shall come from the:
(1) WA 401(a) account, ,
(2) UVA 403(b) account,
(3) UVA Health Prof 401 (a) account,
c. In order to equalize the distribution of r ~ l retirement assets, Wife shall
also rollover to Husband, via OORD:
(1) Duke University 402(b) account, and
(2) PVT Diagnostic PS account,
These retirement assets shall rollover to Husband immediately prior to the
date of divorce. Wife agrees to maintain monetary contribution to these
accounts in an amount equal to, or greater than, the contribution on the
date of separation. Wife further agrees to make no changes to the
investment allocation of the accounts, unless mutually agreed upon with
Husband. Wife's attorney shall be responsible for drafting and preparing
any documents or pleadings necessary to accomplish said rollover. Wife
shall be solely responsible for the costs and expenses associated with
accomplishing said rollover. Husband shall cooperate and take whatever
steps are necessary to ensure that said rollover is accomplished.
10. INTANGIBLE PERSONAL PROPERTY. The parties agree that any
intangible personal property not otherwise provided for herein that is titled in
the name of Husband alone shall be his sole and separate property free from
Page 7 0120
(Page 8 of 21)
BK013S31PG00230
"
any right, claim, or title of Wife with the full power to dispose of such property
as if he were unmarried, The parties also agree that any intangible personal
property not otherwi5e provided for herein thill i3 titled in the name gf Wife
alone shall be her sole and separate property free from any right, claim, or
title of Husband with the full power to dispose of such property as if she were
unmarried.
11. PERSONAL PROPERTY Husband and Wife have agreed to meet and
divide all personal property, and Wife has agreed that ali f u r n ~ u r e except that
brought to the marriage by Wife, shall become the sole property of Husband,
This shall be completed by April 30, 2009.
12, DEBTS,
a. Husband will be have the following debts as his sale and separate
responsibility:
(1) American Express Credit Card, account ending in I
incur no further debt on this account,
(2) Wachovia Platinum Credit Card, account ending in
i, Wife will
, Wife will
share Yo of the amount of debt incurred through the date of the signing
of this Agreement. Thereafter, Wife will incur no further debt on this
account.
b. Wife shall have the following debts as her sole and separate responsibility:
(1) USAA MasterCard Credit Card, account ending : -), Husband
shall incur no further debt on this account.
Page 8 0120
(Page 9 of 21)
BK013531PG00231
'.
c. Both parties shall indemnify and hold harmless the other from any
responsibility on these debts. Husband shall notify Wife immediately if he
fails to make any scheduled payment on these debts. Wife shall notify
Husband immediately if he fails to make any scheduled payment on these
debts.
13. DISTRIBUTIVE AWARD.
a. In order to equalize the distribution of marital retirement assets, husband
shall keep the balance of the Wachovia High Performance MMI Account
Ending in (currently estimated at $30,000); in addition, husband
shall keep 100% of refunds resulting from the joint tax refunds to be filed
for 2008 and 2009. Said distributive award shall not be considered as
income for tax purposes to Husband, and shall not be deductible for tax
purpOAeS to Wife
14. MEP'CAL INSURANCE AND EXpENSES.
a. Wife:
(1) Wife shall be responsible for her medical insurance and expenses
from the date of separation forward.
(2) Wife shall be solely responsible for paying all of her medical and
dental expenses not covered by insurance and any co-pay or
expenses not covered by the insurance policy from the date of
separation forward.
b. Husband:
Page 9 0120
(Page 10 of 21)
BK013531PG00232
(1) Wife shall maintain Husband on her medical insurance plans
available through her employer from the date of separation until the
date of divorce.
(2) Husband shall be responsible for his medical insurance and
expenses from the date of divorce forward.
(3) Husband shall be solely responsible for paying all of his medical
and denial expenses not covered by insurance or WageWorks
Healthcare Reimbursement and any oo-pay or expenses not
covered by the insurance policy or WageWorks Healthcare
Reimbursement from the date of separation forward.
c. Both parties agree to indemnify and hold hannless the other party for
payment on any separate medical insurance or expenses.
d. The parties shall each be entitled to one half (112) of tne funds available iii
theWageWorks Healthcare Reimbursement until December 31,2009.
(1) The total funds available as of January 1, 2009 was $4,400;
therefore, each party is entijled to one-half that amount, or $2,200.
Each party shall be responsible for submitting any 2009 claims by
any relevant cutoff dates in 2010 (e.g, April 15)
(2) Healthcare Reimbursement account for 2010 will also be funded at
$4,400; husband shall be entitled to 16 of the account balance, up
until date of divorce.
15. TAX RETURNS. The parties agree to file a joint tax return for state and
federal taxes for the year 2006 and 2009. Any tax liability for 2007 or
Page 100120
(Page 11 of 21)
BK013531PG00233
previous years back to the date of marriage shall be the equal responsibility
of the parties. Any refunds for the year 2007 or previous years back to the
date of marriage shall be equillly shared, Tilil refund:; fIlr 2006 anll 2009
shall be the sole and separate property of husband. Any tax liability for 2008
and 2009 shall be the responsibility of Wife. The parties agree to file separate
tax retums fIlr 2010 and years subsequent to 2010. For 2010 and years
subsequent to 2010, any tax liability associated with said retums shall be the
responsibility of the party fili ng said return. Any tax refunds to be received as
a result of said retums shall be the sole and separate property of the party
fi ling said retum. In the event of any mistakes or misrepresentations made in
connection with any tax reporting, each party agrees to hold the other party
harmless for such misrepresentations andlor mistakes. Each party shall be
responsible for and shall defend, indemnify, and hold the other harmless on
any taxes owed on their respective incomes or on any deductions or
allowances related to their individual income
16. WAIVERS OF CLAIMS. \Mfe does hereby waive, release, discharge,
quitclaim, and renounce unto Husband and his heirs and assigns:
tI. All other rights, claims, demands, and obligations of every kind and
character for past and future support and maintenance and for property
settlement.
b. All and every right to a share in the estate of the other party upon said
party's death as provided in Nortn Cllrol inll General Statutes 29-14; or
otherwise, now and hereafter by law provided.
Page 11 0120
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C. All and every rig ht to elect to take a life estate in real estate upon the
death of the other party in lieu of the share provided in North Carolina
General Statutes 29-14, 8$ provided in North Carolina General Statutes
29-30. or otherwise. now and hereafter by law provided.
d. All and every right to a year's allowance upon the death of the other party
as provided by North Carolina General Statutes 30-15, or otherwise, now
and hereafter by law provided.
e. All and every right to dissent or for an elective share as provided by North
Carolina General Statutes 30-3.1, or otherwise. now and hereafter by law
provided.
f. All and every right to make application, demand, or in any way request an
equitable distribution of the parties' marital property as provided by North
Carolina General Statutes 50-20, and North Carolina General Statutes 50-
21, or otherwise, now and hereafter by law provided.
g. Neither party, however, waives and specifically retains any rights that
they may have to any Social Security benefits by virtue of their marriage.
17. MISCELLANEOUS PROVISIONS - RELEASE OF HUSBAND AS
ENDORSER OF WIFE'S OBLIGATIONS. Wife shall immediately undertake
the release of Husband from all endorsements and obligations entered into by
him in her behalf or the relation and execution of any endorsements of any
promissory notes or other obligations now outstanding, whereby Husband
was in fact an endorser or guarantor of any such obligation. Whether the
same was signed by him as joint maker or as guarantor or endorser. Wife
Page 1201 20
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BK013531PG00235
shall at all times indemnify Husband against any such endorsements and
obl igations and agrees to hold him harmless from any liability in regard to any
note or obligation he may have signed prior to the date of this Separation
Agreement.
18. FINANCIAL OBLIGATION. Except as stated herein. both Husband and
Wrfe agree that following and after execution of this Agreement, no debts,
obligations, or other charges are to be made creating liability of debt against
the other or in the name of the other. It is agreed that each party hereto shall
be fully responsible for any debts, obligations, or charges made or incurred by
him or her between the date of the parties' separation and the date of
19. WIFE'S FUTURE DEBTS. Except as stated herein, Wife represents and
warrants to Husband that she will not incur any debts Or make any contracts
for which Husband or his estate may be liable.
20. HUSBAND'S FUTURE DEBTS. Except as stated herein, Husband
represents and warrants to Wife that he will not incur any debts or make any
contracts for which Wife or her estate may be liable.
21 . MODIFICATION AND WANER. A modification and waiver of any of the
provisions of this Agreement shall be effective only if made in writing and
executed with the same formality as this Agreement. The failure of either
party to insist upon strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of
the same or similar nature.
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BKD13531 PGDD236
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22. WAIVER OF CLAIMS AGAINST THIRD PARTIES. Wife hereby agrees to
waive and release any and all third parties from any and all claims that Wife
may have now or in the future !)ased upon any pre-iieparation or pOlit-
separation conduct of any third parties insofar as such conduct may form the
basis of any claims for alienation of affections or criminal conversation. Wrth
respect to any claims for alienation of affections or criminal conversation, it is
the intention of 'Nife that any such third party designated as a defendant in
any such action for alienation of affections or criminal conversation shall
!)enefit directly from this release and shall !)e deemed a third party !)eneficjary
of the release contained in this paragraph, and shall have the right to enforce
this provision in his or her own !)ehalf and to plead this Agreement as a bar to
such actions or claims. Wife does hereby covenant and agree that she will not
institute or pursue such an action or claim against any third party, and that
such institution or pursuit would constitute a material breach of this
Agreement.
23. RECONCILIATION. In the event Husband and 'Nife end their separation
by reconciliation and resumption of marital cohabitation. the executory
provisions of this Agreement snail be rescinded and canceled, but all the
provisions contained herein, which have !)een executed or partially executed
at that time, shall continue in full force and effect unless they are canceled or
rescinded or modified in a written agreement duly executed by both Husband
and 'Nite. All real and personal property transferred under the terms of this
Agreement from one party to the other will remain the sole and separate
Page 14 0120
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BK013531PG00 237
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property of the party receiving the property. and will not be considered marital
property in the event of any reconciliation between the parties.
24. DIVORCE AND ENFORCEMENT OF AGREEMENT. Either party may
obtain a divorce in North Carolina or some other state on legitimate grounds
in accordance with the law and this Agreement shall not be affected by such
divorce. It is further mutually agreed that either party shall have the right to
compel the performance of, or sue for breach thereof of this Agreement in any
Court where jurisdiction of the parties may be obtained. The parties agree
that the remedy at law for any breach of this Agreement will be inadequate
unless the provisions hereof shall be enforceable by specific performance and
either party shall be entitled to specifically enforce the provisions of this
Agreement.
25. RELEASE. Subject to the provisions of this Agreement. Wife releases
and discharges Husband from all causes of action, ctaims. rights, or demands
in law or equity, which Wife had, now has, or may have against Husband.
26. BINDING EFFECT. Except as otherwise stated herein, all provisions and
promises of this Agreement shall be binding upon all respective heirs,
executors, administrators, or assigns of the parties.
27. VOLUNTARY EXECUTION AND ACCEPTANCE. Husband and Wife
acknowledge that they have entered into this Agreement of their own free will
and volition and acknowledge that no undue influence, coercion, pressure, or
force has been used against them in the execution and acceptance of this
Agreement, either by the other party or by any other person. The parties
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BK013531PG00 238
acknowledge that the provisions of this Agreement are fair. adequate. and
satisfactory to them.
28. FULL DISCLOSURE, The parties acknowledge that they have made a full
disclosure of all their marital assets and further acknowledge that each party
has relied upon the disclosure of those assets in accepting this equitable
property division. A party to whom full disclosure has not been made shall
have the right to equal division of marital assets not disclosed by the other
party, in accordance with applicable law.
29. RESERVATION OF RIGHTS. The failure of either party to take
advantage of any default or violation of the provisions of this Agreement by
the other party shall not constitute a waiver or relinquishment of the right to
require strict performance by the other party. Nor shall any custom or
Ilractiee. which may develoll between the Ilarties in the course of
performance of this Agreement, be construed to waive the right of either party
to insist upon compliance with the provisions hereof by the other.
30. MARITAL PROPERTY WAIVER. In accordance with North Carolina
General Statutes Sec. 50-20. the parties agree that the provisions herein
made for the distribution of their marital property are equitable, fair, and
satisfactory to Husband and Wife. and are made in full and complete
satisfaction of any and all claims which each party may have against the other
party or the property of the other party under the present and Mure laws of
any jurisdiction relating to the distribution of marital property including. but not
limited to, rights to division of property, distributive shares, pension or
Page 160120
(Page 17 of 21)
BKD13531 PGDD239
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retirement benefits, life insurance and every other fonn of property, real or
personal, tangible or intangible, vested or contingent.
J1, SITUS ANO PARTIAL INVALIOITY, Thill Agreement lIhall be conlilrued
and governed according to the laws of the State of North Carolina. If any
provisions of this Agreement are held to be invalid or unenforceable, all other
provisions shall nevertheless continue to be in full force and effect.
32. INTEGRATED AGREEMENT. It is specifically acknowledged and
agreed that all the provisions and specific paragraphs conlained within this
Agreement are and shall remain mutually dependent and interdependent
such that a breach of any single provision herein by either party shall entitle
the non-breaching party to seek specific pertonnance and/or damages and/or
any other relief applicable as appropriate. This document is a fully integrated
agreement.
33. SUIT COSTS. If \Nife fails to make any payment hereunder when due
without demand or shall fail to keep and perfonn any other agreement or
provision hereof, as detennined by a Court or by mutual agreement, Husband
shall be entitled to recover reasonable attorney fees and all other expenses
incurred in any action instituted to enforce the provisions of this Agreement.
34. MEMORANPUM OF AGREEMENT. This Agreement may not be
recorded without the written consent of both parties. If needed or requested,
a Memorandum of Agreement shall be executed by either party, upon request
of the other party, and may be recorded in any recording office at any time.
The Memorandum of Agreement shall not contain the detailed financial
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BK013531PG00240
provisions of this Agreement, except as to real property, and except as
otherwise specifically agreed to by the parties.
35. TRANSFERS OF PROPERTY INCIDENT TO DIVORCE, The parties
agree that the transfers of property hereunder are related to the divorce; that
the transfer of property hereunder is a transfer incident to divorce and is
related to the cessation of the marriage; and that the intent and purpose of
this Agreement is for the transfer of the property hereunder to be tax free
pursuant to 1041 of the Internal Revenue Code and the applicable
provisions of the state or federal income tax law and regulations to give full
force and effect to their aforesaid intent and purpose.
36. CONSTRUCTION. This Agreement is not an agreement between the
parties to obtain a divorce. The same is an agreement settling their property
and marital rights.
37. REPRESENTATION OF PARTIES. In the preparation of this Separation
Agreement and Property Settlement and the negotiations prior thereto,
Husband has been represented by attorney lisa Lefante of Bender Law
Offioes, PC, of Raleigh, Wake County, North Carolina. Wife has been
represented by
of Raleigh, Wake County, North Carol ina. Husband and Wife are satisfied
w ~ h the services of their attorneys and have been fully advised of the
contents of this Agreement. Both parties agree to seek the advice of a
Certified Public Accountant for any tax issues and acknowledge that n ~ h r
Page 180120
(Page 19 of 21)
BK013531 PG00241
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parties' counsel has given their client legal advice as to any tax issues on
which the terms of this Agreement are based
38. PRIOR AGREEMENTS. The parties hereby cancel, annUl , and
invalidate any and all prior property settlements entered into by them
heretofore made.
39. NOTICE OF CHANGE IN ADDRESS. Each party shall at all times keep
the other informed of his or her place of residence and work, and shall notify
the other in writing thirty (30) days in advance of any change, giving the
address of the new place of residence or work and the phone numbers for
their residence and work, for so long as each is obligated hereunder.
40. ENTIRE AGREEMENT. This Agreement contains the entire
understanding of the parties, and there are no representations, warranties.
covenants, or undertakings other than those expressly set forth herein, and
the same constitutes a merger or integration of the Separation Agreement
and Property Settlement of the parties.
IN WITNESS WHEREOF, the parties have signed, sealed, and
acknowledged this Agreement in duplicate originals, one of which is retained by
each of the parties hereto, this the day and year first above written.
GEO GE ALEXANDER CURNOW, JR.
Dojij/h., CUMW (SEAL)
ILLACURNOW
NORTH CAROLINA
WAKE COUNTY
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(Page 20 of 21)
BK013531PG00242
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I, the undersigned Notary Public, do certify that GEORGE AlEXANDER
CURNOW. JR. personally came before me this day and acknowledged the due
execution of the foregoing Separation Agreement and Settlement.
WITNESS my hand and official stamp or seal this n::..:. day
of Bjxil ,-2006. <X01
12erpmber IO. Q)I]
}
NORTH CAROLINA
WAKE COUNTY
Notary Public
SARAH A. KAPP
NOTMI' PUBUC
WAkfE COUNTY
NORTH CAROUNA

I, the undersigned Notary Public, do certify that CAMILLA CURNOW
personally came before me this day and acknowledged the due execution of the
foregoing Separation Agreement and Property Settlemen\-_IL..
my hand and official stamp or seal this re..2 day
of I
l2ecrrher 10. QJ\ \
)
Page 20 0120
Notary Public
SARAH A. KAPP
NOTNff PUBUC
WN(ECOUNTY
NORTH CAAOUNA
My EJpIroo '0. 20"
(Page 21 of 21)
BK013531 PG00243
Yellow probate Bbeet iB a vital part oC your rtorded dOwnent.
Please retain with original doeument and submit for rerecording.
Laura M. Riddick
Register of Deeds
_____ # of Ti me Stamps Needed

_ #ofPages ' 2.004- 112006
Wake County
HOPKINS
(Page 1 of 17)
BK013365PG01048
WAKE COUHTV. He 41&
LAURA M RIDDICk
REGISTER or DEEDS
PRESENTED & RECORDED OM
81/28/2889 AT 15:15: 51
BOOK: 813365 PAGE:81848 - 818S4

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(Page 2 of 17)
BK013365PG01049
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NORTH CAROLINA
WAKE COUNTY
SEPARATION AGREEMENT AND
PROPERTY SETTLEMENT
This Separation Agreement and Property Settlement between Richard
Christopher Hopkins, Jr., of Wake County, North Carolina, hereinafter referred
to as "Husband", and Christine Rae Quante Hopkins, of Wake County, North
Carolina, hereinafter referred to as "Wife", shall become effective as of the date
that it has been executed by each party hereto;
WIT N E SSE T H:
THAT, WHEREAS, the parties hereto were married on May 25, 2002, and
certain differences have arisen between them rendering it undesirable for them
to continue to live together as Husband and Wife.
WHEREAS, as a result of certain irreconcilable differences and
disagreements, Husband and Wife separated on or about July 7, 2007, and
have lived continuously separate and apart since that date; and
WHEREAS, there were no children born of the marriage; and
WHEREAS, each of the parties is more than 18 years of age, and they
desire to confrrm their separation and to make arrangements in connection
therewith, including the settlement and adjusunent of their property rights and
other rights , responsibilities, and obligations growing out of their marital
relationship; and
WHEREAS, after mature consideration and judgment, each party having
had the opportunity to seek independent legal counsel from an attorney of his
or her respective choice, each party believes it is in his or her own respective
best interests to enter into this Separation Agreement and Property Settlement
and each party considers this Agreement to be fair, reasonable and equitablej
and
WHEREAS, each party has read this Agreement, fully understands the
tenns , conditions and provisions hereof and deems such to be fair, just, and
equitable;
NOW, THEREFORE, in consi deration of the premises, the mutual
promises and undertakings herein contained and for other good and valuable
consideration, the receipt of which is hereby acknowledged, each party
stipulates, agrees and covenants with the other as follows:
1. General. From and after the da te of this Agreement, it shall be
lawful for Husband and Wife to live separate and apart, each from the other, as
fully, completely and in the same manner and to the same extent as though
they had never been married,
2. Interference. Husband and Wife each shalJ be free from
interference, restraint, authority and control . direct or indirect, by the other, as
(Page 3 of 17)
BK013365PG01050
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,
fully as if he or she were single and unmarried. Neither party hereto shall
hereafter disturb, annoy, molest, harass or in any way interfere with the other,
directly or indirectly, nor compel or endeavor to compel the other to cohabit or
dwell with him or her.
3. Residence. Husband and Wife may reside at such place or places
and reside or associate with such person or persons as each of them may deem
fit or as each of them may desire.
4. Visitation. Neither Husband nor Wife shall call upon or visit the
other except by express invitation by one accepted by the other.
5. Emplovment. Each of the parties may, for his or her separate
benefit, engage in any employment, business or profession he or she may
choose.
6. Right To Contract. Both Husband and Wife shall have the right to
contract and to be fully contracted with, independently of the other, as fully and
to all intents and purposes as if they had never been married.
7. Marital Residence. The parties are the owners of a house and lot
located at 125 Maitland Drive; Cary, North Carolina. Contemporaneously with
the execution of this Agreement, Wife has by deed conveyed her interest in said
property to Husband, subject to the ABN AMRO Mortgage deed of trust and
Wachovia equity line of credit encumbering the property, the balance of which
Husband shall assume no later than October I, 2007 and agrees to pay.
Husband agrees to remove Wifes name from the aforementioned mortgage and
equity line of credit. Additionally, Husband has paid to Wife the sum of Forty
Eight Thousand Five Hundred Four Dollars ($48,504.001 upon execution of this
Agreement. Wife hereby assigns to Husband the escrow deposits and utility
deposits, if any. relative to the aforesaid property.
8. Tangible Personal Propertv Located at Marital Residence. Until
July 7,2007, the residence located at 125 Maitland Drive; Cary, North Carolina
was occupied by the parties as their marital residence. On that date Wife
departed the premises and has since resided elsewhere. At the time of Wife's
departure, she removed from the marital residence all of the tangible personal
property she is to receive. Thus, all of the furniture, appliances and other
articles of tangible personal property presently located in and around the
marital residence shall be and become the sole and separate property of
Husband. Wife hereby relinquishes any and all claims she may have in and to
the same.
All of the furniture, appliances and other articles of tangible personal property
removed from the marital residence by Wife shall be and become the sale and
separate property of Wife. Husband hereby relinquishes any and all claims he
may have in and to the same.
9. Jewelry and Coin Collection. Wife hereby conveys to Husband all
of her right , title and interest in and to Husband's coin collection presently in
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BK013365PG01051
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his possession, custody or control.
Husband hereby conveys to Wife all of his right, title and interest in and
to Wife's ring and pearls presently in her possession, custody or control.
10. RCI Timeshare. Wife acquired prior to marriage, an interest in a
RCI Timeshare. No transfer of ownership is required. Wife shall have as her
sole and separate property the RCI Timeshare. Husband waives, releases and
renounces any and all claims to the rental income received by Husband.
I I. Vehicles. The parties are the owners of the following vehicles:
A 2002 Ford Explorer XLT which is titled to Husband's name and driven by
Husband. The title to the 2002 Ford Explorer XLT is unencumbered. Wife
conveys all of her right, title and interest in and to the 2002 Ford Explorer XLT
to Husband so that the said vehicle shall be and become the sole and separate
property of Husband. Henceforth, Husband shall be solely responsible for all
maintenance, vehicle property taxes, repairs and insurance premiums for said
vehicle, and shall render Wife harmless from and against all obligations, claims
and expenses, including reasonable attorney's fees, arising out of or relating to
any of these obligations.
A 2006 Ford Five Hundred SEL Sedan which is titled to Husband and Wife's
name and driven by Wife. The title to the 2006 Ford Five Hundred SEL Sedan
is unencumbered. Husband conveys all of his right, title and interest in and to
the 2006 Ford Five Hundred SEL Sedan to Wife so that the said vehicle shall be
and become the sole and separate property of Wife. Henceforth, Wife shall be
solely responsible for all maintenance, vehicle property taxes, repairs and
insurance premiums for said vehicle, and shall render Husband hannless from
and against all obligations, claims and expenses, including reasonable
attorney's fees, arising out of or relating to any of these obligations.
12. Intangible Personal Propertv. Except as set forth herein, the
parties have divided between themselves, to their mutual satisfaction, all
intangible personal property owned by them individually and jointly, including
but not limited to checking and savings accounts, stocks, bonds, mutual funds,
IRA's, interests in pension and profit sharing plans, promissory notes,
franchises, partnerships and the like. Hereafter, neither party shall make any
claim against the other for any intangible personal property in the name,
possession or control of the other.
13. Bank Accounts. On the date of separation, the parties had the
following bank accounts:
Bank or
Savings
and Loan
(a) W a c h \ ~ a
(b) Wachovia
(c) Wachovia
Kind of
Account
Checking
Checking
Savings
Account No.
"'.,....,... 9228
"' .... 3674
....... 8433
3
Amount on
Date of
Separation
(Page 5 of 17)
BK013365PG01052
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become the sole and separate property of Husband; and Wife waives, releases
and renounces any and all interest in and to the same.
17. AFLAC Renewal Income. Wife is currently employed through her
employer flFLAC, As part of her employment, Wile receives renewlll income
from policies Wife sold during the marriage. All renewal income receives from
her AFLAC renewal income shall be and become the sole and separate property
of Wife; and Husband waives, releases and renounces any and all interest in
and to the same.
18. Individual Retirement Account (fRA!. Wife has an IRA at
Ameriprise, Account No. 1784 3840 4 001, with an approximate balance of
$103,931.76. Wife acquired the majority of the aforementioned IRA prior to
marriage and only a portion of the IRA is martial property,
The cOrttents of Wife's IRA account shall be and become the sale and separate
property of Wife; and Husband waives, releases and renounces any and all
interest in and to the same.
19. Nortel 40llkl Savings. Husband has a vested account balance in
a profit-sharing plan maintained by his employer with an approximately
balance of $85,577 .52, Husband acquired the majority of the aforementioned
Nortel 401 (k) Savings prior to marriage and only a portion of the 401(k) is
marital. The contents of Husband's Nortel 401(k) savings account shall be and
become the sole and separate property of Husband; and Wife waives, releases
and renounces any and all interest in and to the same.
20. Husband's Nortel Pension Plan.
employment, he is a participant in the Nortel
Husband is presently fully vested in said Plan.
By reason of Husband's
Plan (hereinafter "the Plan"),
All of Husband's interest in said Plan shall be and become the sole and separate
property of Husband; and Wife waives, relinquishes and renounces any and all
interest in and to the same.
21. Release of Employee Benefit Plans. Wife hereby waives and
releases all of her right, title and interest in and to any benefits accrued and
future benefits, whenever payable, attributable to Husband's participation in
any pension, welfare or other employee benefit plan or arrangement, including
without liroitation benefits payable under the Nortel Plan. Wife acknowledges
that so long as she is the spouse of Husband, unless she has consented
otherwise, she may become entitled to receiVe aJI or a portion of the death
benefits payable upon Husband's death under any pension plan in which
Husband was a participant, including the Nortel Plan, unless the Plan is not
covered by ERISA and, therefore, provides otherwise. Without limiting the
generality of the foregoing, Wife hereby consents (il to Husband's designation of
a beneficiary other than Wife to receive all or a portion of any death benefits
payable upon Husband' s death under the pension and retirement plans in
which Husband participated, including the Nortel Plan, and (iii to Husband's
election of any form of payment of benefits to Husband and his beneficiary
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BK013365PG01053
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under any pension and retirement plan in which Husband participated,
including the Nortel Plan; and Wife expressly waives any right to require the
payment of benefits in the form of a joint and survivor annuity. Further, Wife
shall execute any documents, now or in the future, necessary to effectuate the
foregoing releases.
22. North Carolina State Tickets. The parties acquired during the
marriage North Carolina State Ticket s for the 2007 season. The parties have
agreed upon an equitable division of the aforementioned tickets. Thereafter, any
North Carolina State Tickets acquired by either party shall be the sole and
separate property of the purchaser.
23. North Carolina State Membership Rights. The parties acquired
during the marriage North Carolina State Membership rights. The parties owe
approxinlately $5,000.00 before their membership rights are vested. Wife
conveys all oi her right, title and interest in and to the North Carolina State
Membership Rights to Husband so that the said membership rights shall be
and become the sole and separate property of Husband. Henceforth, Husband
shall be solely responsible for all expenses, and shall render Wife harmless from
and against all obligations, claims and expenses arising out of or relating to any
of these obligations.
24. Ryan's 529 Plan. Husband and Wife jointly contributed to Wife's
minor child, Ryan's 529 Plan. The contents of Ryan's 529 Plan shall be and
become the sole and separate property of Wife; and Husband waives, releases
and renounces any and all interest in and to the same,
25. Other Insurance. All fire and extended coverage, and liability and
casualty insurance policies on or relating to any real or personal property
described or referred to in this Agreement, and now in existence, shall be
transferred with the property to which the same pertains to the party receiving
such property pursuant to this Agreement, without charge or credit to either
party in respect of the surrender thereof.
When any such policy of insurance covers or relates to property or a class of
property which is divided between the parties, the policy shall be assigned to
the party receiving the greater portion, in value, of such property.
26. Present and Future Debts. The parties have agreed to a division of
the martial debt. Neither party hereafter shall charge or cause t o be charged t o
or against the other party any purchase which either party may make; and
neither Husband nor Wife shall create any engagements or obligations in the
name of or against the other hereafter nor shall they secure or attempt to
secure any credit upon or in connection with the other or in his or her name.
Each party shall promptly pay all debts and discharge all [mancial obligations,
to the best of his or her respective ability. which either may incur for himself or
hen;elf here<lfter Qr [Qr preent debt; WId e!\Ch shall hold the other free and
harmless and shall indemnify and defend the other from any and all present or
subsequent debts, obligations or liabilities.
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BK013365PG010S4
27. Support Of Wife. Husband agrees to pay Wife as alimony for her
sole use and benefit the sum of $396.00 per month in cash on or before the
flTst (5th) day of each calendar month, commencing with September, 2007.
Such payments shall continue until the fll"st to occur of the following events: (i)
the death of Wife, (ii) the remarriage of Wife, (iii) the death of Husband, \(iv)
cohabitation of Wife with an unrelated adult (v) Wife accepts employment
outside of AFLAC and RDM Benefits or (vi) the 5th day of July, 2009. In no
event and under no circumstances shall allmony payments extend beyond July
5th, 2009 and shall flnally conclude with the payment for the month of July 5,
2009, unless terminated sooner by Husband's death, Wife's death, Wife accepts
employment outside of AFLAC and RDM Beneflts, or Wife's remarriage
(marriage being deflned herein as a church or civil marriage ceremony following
the issuance of a marriage license in the jurisdiction where performed) , lor
cohabitation. The parties further agree that there is no liability to make any of
the foregoing alimony payments for any period after the death of Wife and there
is no liability to make any payment (in cash or property) as a substitut e for
such payments after the death of Wife.
Wife acknowledges that the provisions herein contained for her support
and maintenance are reasonable and adequate in view of the circumstances of
the parties and her income from her own efforts and property: and she
expressly waives all claims against Hu sband for alimony, support, and
maintenance except as expressly provided in this Agreement.
The provisions for the support and maintenance of Wife shall not be
mod.ified. or changed. except by further agreement between the parties expreS5ed
in writing.
The prOVISIons for the support, maintenance and alimony of Wife are
independent of any division or agreement for division of property between the
parties, and shall not for any purpose be deemed to be a part of or merged in or
integrated with the property settlement of the parties.
28. Alimony In Event Of Husband's Disability. In the event that
Husband shall suffer partial Or t otal disability due to accident or sickness, and
where such total or partial disability has been continuous for at least sixty (60)
days, then during such total or partial disability, after the fIrst sixty (60) days ,
Husband shall not be required to Pay Wife the payments provided for in
paragraph 26 hereinabove, but shall then pay to Wife monthly the "disability
alimony" as hereinafter defmed; provided, however, that Husband may, if he so
desires, continue the payments provided for in said paragraphs in lieu of the
payments provided for in this paragraph in the event of partial or total
disability; provided, further , that "partial disability, " for the purposes of
construing this paragraph, shall mean that as a result of accident or sickness
Husband is under the care and attendance of a duly licensed medical doctor
and is unable to perfonn a sufficient number of important daily duties
pertaining to his occupation so that his employment is terminated and he is
unable to maintain self-employment; provided, further , that "total disability,"
for the purposes of construing this paragraph, shall mean that as a result of
accident or sickness Husband is under the care and attendance of a duly
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licensed medical doctor and is unable to perform any of the important daily
duties pertaining to his occupation so that his employment is terminated and
he is unable to maintain self employment; provided, further, that if Husband
becomes either partially or totally disabled he shall notify Wife of such condition
within thirty (30) days, and in no event less than sixty (60) days prior to
claiming a reduction in payments for Wife's support pursuant to this
paragraph; provided, further, that if Husband claims a reduction in payments
pursuant to this paragraph, after receiving the required notice hereunder from
Husband, at any time during the period in which Husband claims to be under
either a partial or total disability, Wife shall have the right to contest the claim
of Husband with respect to his disability and to require Husband to submit to
an examination by a duly licensed medical doctor of Wife's own choosing;
provided, further, that if Husband at any time after being under either a partial
or total disability again becomes able (as opposed to being under either type of
disability), then the payments to Wife under paragraph 26 above shall again be
effective as of the fll'sl day of the fll'sl full month following the month during
which Husband again becomes able, "Disability alimony" shall consist of a
monthly payment during Husband's disability of 1/12 of twenty percent (20%)
of Husband's total annual income, as would be disclosed on line 23 of a 199-
Form 1040, for the term of Husband's partial or total disability prorated on an
annualized basis each year or partial year of such disability. For example, if
Husband became disabled 60 days before July 1 of a year in question and his
total income from July I to December 31 of said year, during which Husband
remained continuously disabled, was $12,000, then the monthly disability
alimony would be $400 per month ($12,000 / 6 months = $2,000 X 12 months
= $24,000 annualized total income X 20% = $4,800 / 12 = S400) . In the event
of Husband's disability, he shall estimate his total income during such
disability and provide Wife or her representative the basis for such estimate,
and Husband shall pay the "disability alimony" based upon such estimate,
subject to verification upon the filing of the federal income tax return for the
year or years in question, and any adjustment due at said time shall be paid
within thirty (30) days following the filing of the federal tax return.
29, Allocation Of Deductions. Husband shall be entitled to deduct
seventy-five percent (75%) and Wife shall be entitled to deduct twenty-five 125%)
of all real estate taxes and mortgage interest payments as stated on the 1098
made during the calendar year 2007 in connection with the marital residence.
30. Allocation Of Tax Losses. Husband incurred significant tax losses
on his separate property prior to and during the marriage. Husband shall be
entitled to claim all of the tax losses on his separate tax returns, Wife waives,
releases and renounces any and all interest in and to the aforementioned tax
losses.
31. Medical, Dental, and Vision Insurance. Husband shall maintain
for the benefit of Wife his present Medical, Dental, and Vision insurance policy
with major medical coverage for so long as the parties are married, In the event
Husband's present hospitalization insurance policy is terminated or replaced
prior to divorce, Husband will provide comparable insurance for the benefit of
Wife. Wife shall be responsible for the Medical Insurance deductible, co-
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BK013365PG01056
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payments, unreimbursed medical expenses incurred by her or on her behalf
under Husband's policy and residual payments. As part of the settlement, Wife
has compensated Husband for the medical insurance through date of divorce.
Wife acknowledges that she will not have access to Husband's Nortel Flex
Spending Account.
Husband shall agree to keep the beneficiary designation for the life
insurance policy as it currently exists.
32. Rvan's Dental and Vision Insurance. Wife's mmor child is
currently on Husband's dental and vision insurance. Husband has agreed to
keep the rrllnor child on his dental and ~ s i o n insurance through the date of
divorce. Wife is paying out of pocket for the minor child's dental and vision
expenses. In the event Husband receives any reimbursement checks, within
two days of receipt of said reimbursement checks, he shall endorse them and
forward to Wife. Presently, it is anticipated that Husband shall receive a
$840.00 reimbursement check for the minor child's braces. No later than two
(2) days of receipt of said reimbursement check, Husband shall endorse it and
forward to Wife.
33. Life Insurance. Husband presently maintains though his
employer life insurance on Wife. Husband shall maintain this current policy
through divorce. In the event that Wife rues and the life insurance is in effect,
all net proceeds from this policy shall be placed in a trust for the benefit of the
Wife's minor child, Ryan, Net proceeds are defmed as life insurance payout
minour taxes and burial expenses, if any,
34. Separate Returns. The parties hereby acknowledge that they will
file separate federal, state, and local income tax returns for 2007 and
thereafter, each will be solely responsible for the payment of any tax, interest,
or penalty due in connection with his or her own return.
35. Disclosure. (1) Both Husband and Wife represent and hereby
warrant each with the other that neither knows of any misrepresentation or
omission from any previously med joint foreign, federal or state income tax
return or intangibles returns. (2) In addition, Husband and Wife represent and
warrant each with the other that there are no tAX liens or levies filed or
threatened by any and all taxing agencies. (3) Husband and Wife each hereby
warrant and represent that to the best of his/her knowledge, all federal, state
income taxes and intangible tAXes on all joint returns heretofore med by the
parties have been paid, and that no interest or penalties are due with respect
thereto, and that no tax deficiency proceeding is pending or threatened thereon.
Moreover, both Husband and Wife hereby represent that there has been no
correspondence from the IRS or North Carolina Department of Revenue and no
personal contact with IRS agents or North Carolina Department of Revenue
Agents within three years of the date of this Agreement. (5) Neither Husband
nor Wife knows of any unmed return of either party; as far as Husband and
Wife know, all returns due are filed. (6) Wife shall be responsible for 401(1<)
payment taxes in 2007 and for any taxes owed (or Ryan Moss' tax returns for
2007 and beyond. Any taxes owed for Ryan Moss' returns for 2006 or prior
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shall be shared equally with Husband and Wife each paying one half (1/2) of
any taxes owed.
36. Waiver Of Rights To Equitable Distribution And Other Rights In
Marital Property. Husband and Wife expressly acknowledge and agree,
pursuant to G.S. Section 50-20(d), that the division and distribution of marital
property set forth herein is just, fair and reasonable, is deemed by the parties to
be equitable and satisfactory, and that this Agreement shall be binding on the
parties. Except as otherwise provided herein, Husband and Wife further
acknowledge that the foregoing provisions for the division and distribution of
property are made in full and complete satisfaction of any and all claims
specified hereinbelow. Each party expressly waives any and all claims, whether
now in existence or acquired hereafter. which either party may have against the
other party or the property of the other party under the present and future laws
of this or any other jurisdiction relating to the distribution of marital property,
including, but not limited to, rights to div;sion of real and personal property,
payment of capital sums or periodic payments, distributive shares, pension or
retirement benefits, life insurance and every other form of property, real or
personal, tangible or intangible, vested or contingent. Each party accepts the
provisions of this Agreement in lieu of and in full and final settlement and
satisfaction of any and all claims and rights which either party may now or
hereafter have against the other party for the distribution of property; and the
parties agree that this provision and this Agreement may be pleaded in bar of
any such claim for relief in any suit med hereafter.
37. Mutual Release Of Property Rights. Husband and Wife grant,
release, and forever quitclaim each to the other, all right, title, interest, claim
and demand whatsoever in the real estate of which either is now seized or may
hereafter become seized; and each of said parties may from this date and at all
times hereafter purchase, acquire, own, hold, possess, encumber, transfer,
dispose of and convey any and all classes and kinds of property, real or
personal, tangible or intangible, or mixed, as though unmarried and Cree from
the consent, joinder and interference of the other party, it being the
understanding and agreement on the part of each of the parties hereto that in
the sale, transfer and conveyance of any property hereafter it shall not be
necessary in order for the grantee to have a good title, that the other party
hereto shall sign and execute to the grantee the deed, conveyance, deed of
trust, mortgage or bill of sale conveying or selling the property; it being the
agreement and covenant oC the parties hereto that in this respect, each of the
parties hereto has forever released and discharged, and by these presents each
does hereby now forever release and discharge the property of the other from all
claims, interest and estate of his or her part, and that each shall be in the same
position as if such party were single and unmarried.
38. Sale Of Propertv. In the event of a sale, transfer, or conveyance of
any real or personal property now owned or hereafter acquired by either of the
parties, if (notwithstanding the mutual releases contained in this Agreement)
either party to this Agreement is called upon to execute a deed, conveyance, bill
of sale or other instrument conveying said property, then the party called upon
will sign any such instrument which may be reasonably required or reasonably
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necessary to perfect title in the grantee of the property which is sought to be
conveyed.
39. Release of Property and Estate Rights. Except as otherwise
expressly provided for in this Agreement, each party hereby waives, releases
and renounces, and hereby conveys, quitclaims and assigns over to the other
party and his or her heirs. executors and administrators, any and all rights,
title , interest and control he or she may now have or shall hereafter acquire
under the present or future laws of any jurisdiction, in, to or over the person,
property or estate of the other, arising by reason of their marital relationship or
otherwise, including, but not liroited to, dower, curtsey, statutory allowance,
widow's allowance, homestead rights, right to take in event or intestacy, right to
any share as the surviving spouse, any right of election, right to take against
the last will and testament of the other or to dissent therefrom, right to act as
administrator or executor of the estate of the other, and any and all other
vested or contingent rights, title or interest of any kind in and to any property
or estate of any kind of the other; provided, however, this provision shall not
apply to any social security benefits the parties may have by reason of their
marriage to each other. In addition , except as otherwise provided herein, each
party waives, releases, and renounces, and hereby conveys, quitclaims, and
assigns over to the other party and his or her heirs, executors, and
administrators: any right of inheritance under a will executed by the other party
prior to the date of this agreement; any beneficial or administrative right arising
under any trust created by the other party prior to the date of this Agreement;
and right to life insurance proceeds payable under a beneficiary designation
made prior the execution of this Agreement; any right to insurance proceeds
payable by reason of damage or destruction to any real or personal property
owned separately by the other party, whether such property was distributed
under this Agreement or acquired before or after the execution of this
Agreement by either party.
40. Mutual Release Except as herein provided, Husband and Wife
waive and release all claims, rights and demands whatsoever in law or equity
which either had or now has against the other including, but not limited to,
claims for support, maintenance, and alimony, both pendente lite, post-
separation and permanent, necessaries, tort claims, attorney fees and all other
claims of every nature and kind, it being understood that this settlement is a
total and complete release by each party of the other from all such matters and
charges whatsoever except as herein specifically provided. It is the intention of
the parties that all liabilities of whatever nature on the part of each party to the
other, past, present or future, actual or potential, inchoate or consummate,
whether arising from the relationship of husband and wife or otherwise, shall
cease and terminate absolutely and forever except as herein stated. This
release is independent of all other provisions of this Agreement.
41. Effect Of Reconciliation. In the event of a reconciliation between
the parties to this Agreement, the property provisions of this Agreement shall
remain in full force and effect, unless expressly tenninated, canceled or
rescinded in writing by the parties. It is the agreement and intent of the parties
hereto that this provision shall take precedence over any conflicting North
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BK013365PG01059
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necessary to perfect title in the grantee of the property which is sought to be
conveyed.
39. Release of Property and Estate Rights. Except as otherwise
expressly provided for in this Agreement, each party hereby waives, releilse3
and renounces, and hereby conveys, quitclaims and assigns over to the other
party and his or her heirs, executors and administrators, any and all rights,
title, interest and control he or she may now have or shall hereafter acquire
under the present or future laws of any jurisdiction, in, to or over the person,
property or estate of the other, arising by reason of their marital relationship or
otherwise, including, but not limited to, dower, curtsey. statutory allowance,
widow's allowance, homestead rights. right to take in event or intestacy. right to
any share as the surviving spouse, any right of election, right to take against
the last will and testament of the other or to dissent therefrom, right to act as
administrator or executor of the estate of the other, and any and all other
vested or contingent rights, title or interest oC any kind in and to any property
or estate of any kind of the other; provided. however. this provision shall not
apply to any social security benefits the parties may have by reason of their
marriage to each other. In addition. except as otherwise provided herein, each
party waives, releases, and renounces, and hereby conveys, quitclaims, and
assigns over to the other party and his or her heirs, executors, and
administrators: any right of inheritance under a will executed by the other party
prior to the date of this agreement; any beneficial or administrative right arising
under any trust created by the other party prior to the date of this Agreement;
and right to life insurance proceeds payable under a beneficiary designation
made prior the execution of this Agreement; any right to insurance proceells
payable by reason of damage or destruction to any real or personal property
owned separately by the other party, whether such property was distributed
under this Agreement or acquired before or after the execution of this
Agreement by either party.
40. Mutual Release Except as herein provided, Husband and Wife
waive and release all claims, rights and demands whatsoever in law or equity
which either had or now has against the other including, but not limited to,
claims for support. maintenance, and alimony, both pendente lite, post-
separation and permanent, necessaries. tort claims, attorney fees and all other
claims oC every nature and kind, it being understood that this settlement is a
total and complete release by each party of the other from all such matters and
charges whatsoever except as herein specifically provided. It is the intention of
the parties that all liabilities of whatever nature on the part of each party to the
other. past, present or future, actual or potential, inchoate or consummate,
whether arising from the relationship of husband and wife or otherwise, shall
cease and terminate absolutely and forever except as herein stated. This
release is independent of all other provisions of this Agreement.
41. Effect Of Reconciliation. In the event of a reconciliation between
the to Agreement, the property of shall
remain in full force and effect, unless expressly terminated, canceled or
rescinded in writing by the parties. It is the agreement and intent of the parties
hereto that this provision shall take precedence over any conflicting North
II
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written, except in the event of a material breach.
48. Situs. This Agreement, and the rights and duties of the parties
hereunder, shall be construed in accordance with, and governed by, the laws of
the State of North Carolin,,",
49. Binding Effect. Except as otherwise stated herein, all the
provisions of this Agreement shall be binding upon the respective heirs, estates,
next of kin, executors, administrators, and assigns of the parties.
50, Entire Agreement. This Agreement, together with any exhibits and
schedules attached hereto, contains the entire understanding of the parties
with respect to the subject matter; and there are no representations,
warranties, covenants or undertakings other than those expressly set forth
herein. This Agreement supersedes and replaces all prior agreements and
understandings of the parties.
51. Collaborative Law. Any disagreement between the parties
respecting the interpretation of this Agreement or modification of this
Agreement, will be submitted to collaborative law in an effort to achieve a
negotiated resolution prior to either party's taking legal action. Such
collaborative law shall take place prior to and shall be in addition to any
mediation services within the court system. Expenses for such collaborative
law shall be shared equally by the parties.
52. Voluntary Act. Each of the parties acknowledge that he or she has
read this Agreement and understands its contents and provisions; that it is a
fair and reasonable agreement to each of them, having due regard to the
conditions and circumstances of the parties hereto on the date hereof; that each
has signed and executed the Agreement freely and voluntarily and without fear,
compUlsion, duress, coercion, persuasion or undue influence exercised by
either party upon the other or by any other person or persons upon either,
53. Representation Bv Counsel. Wife has been represented by
independent counsel of her own choice, Jeffrey M. Seigle, and Husband has
been represented by independent counsel of his own choice, Adrian J. Davis.
Both parties have been fuDy advised of their rights Wld obligations arising from.
their marital relationship, have asked questions of their respective counsel and
have received answers to said questions which are fully satisfactory to them,
Each party has accepted, and is fully satisfied with, the legal services, counsel
and advice rendered to each party by his or her attorney, Each party
IIndcrstands that the agreements and obligations assumed by the other are
assumed with the express understanding and agreement that they are in full
satisfaction of all rights which each of them now has or might hereafter or
otherwise have in the property or estate of the other and in full satisfaction of
all obligations which each of them now has or might hereafter or otherwise have
toward the other. The parties acknowledge that both the legal and practical
effects of this Agreement have been fully explained to them by their respective
counsel.
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BK013365PG01061

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54. Specific Performance. Either party shall have the right to compel
the perfonnance of the pro\'isions of this Agreement by suing for specific
performance in the courts where jurisdiction of the parties and subject matter
exists. Both parties acknowledge that neither party has a plain, speedy or
adequate legal remedy to compel compliance with the provisions of this
Agreement, that neither party shall be required to repeatedly me suit for any
breach of this Agreement, that this Agreement is fair and equitable to both
parties and that an order of specific performance enforceable by contempt is an
appropriate remedy for a breach by either party. However, the monetary
provisions of this Agreement relating to the payment of alimony, shall not be
specifically enforced for any period during which the party having the
contractual duty to pay is physically or mentally disabled or is involuntarily
separated from employment.
00. Disclosure And Inducement. Each party warrants to the other
that he or she has made a full and complete disclosure as to his or her fmancial
status. Each has informed the other as to all assets, real or personal , tangible
or intangible, in which each party has any interest, legal or equitable. Further,
each has made disclosure as to the reasonable worth or market value of such
assets. These assets include interests in pension, profit sharing and/or
retirement benefits; all real estate; all business interests; all life insurance; all
medical casualty, disability or other insurance coverage; all cash or other
deposit accounts; all stocks, bonds and/ or mutual funds; all tangible personal
property, including household furnishings, appliances, objets d'art,
automobiles, boats, jewelry, equipment and the like. Further, each has made a
full and complete disclosure as to all income or other funds received by each
from any source whatsoever, The disclosures made by each are recognized as
being material and are made to induce the other to execute this Agreement. In
the event of a later detennination of any material misrepresentation or omission
with respect to the rmancial condition as outlined above, then such material
misrepresentation or omission may be the basis (or a determination that this
Agreement is null and void.
56. Additional Remedies Upon Failure To Disclose. If and in the event
either Husband or Wife has failed to voluntarily disclose to the other the
existence of any marital property subject to equitable distribution or division
under the laws of the State of North Carolina or any other jurisdiction, the
party whose rights have been prejudiced thereby, in addition to other remedies
provided by law and equity, shall be entitled to make application to the court
for an equitable distribution as provided for under the laws of the State of North
Carolina or any other jurisdiction or sue the other party for damages under this
Agreement in an amount at least equal to his or her marital interest in the
undisclosed property and shall also be entitled to recover his or her reasonable
attorney's fees.
57. Attorney's Fees. In the event either party shall institute an action
to enforce the provisions of this Agreement, the party detemtined to be
responsible to the other, whether such detemtination is made by adjudication
or settlement, shall indemnify and hold the prevailing party harmless from all
attorney fees, court costs and related expenses incurred by such party.
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BK013365PG01062
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, 58. Forfeiture. The matters addressed in this Agreement and the
mutual rights and responsibilities arising under the provisions of this
Agreement have been made and compromised by the parties to avoid future
litigation concerning all In either p!\rty hereafter
take any legal action against the other party seeking to recover relief
inconsistent or contradictory with the terms of this Agreement, or any part
thereof, the party against whom such action is taken shall have the option to
tenninate this Agreement, whereupon all executory including, but
not limited to, the relating to the payment of alimony, child support,
health insurance, medical, dental and other health-related expenses, life
insurance and all other such provisions hereof, shall become immediately null
and void, unenforceable and without further effect. In executing this
the parties acknowledge their agreement and intent that this Agreement is to be
considered a fmal binding document that takes into account their present
circumstances as well as all expe.:ted Md unexpected future circumstances.
This shall not apply to actions instituted by either party to enforce the
tenns of this Agreement as written.
59. Rescission. No action to rescind this Agreement shall be brought
until the party making such rescission request has first returned, or offered to
return, all benefits received hereunder.
60. Terms. The terms "Husband" and "Wife" used herein shall refer to
the parties herein whether they remain married or become unmarried.
IN WITNESS WHEREOF, the parties have signed, sealed and acknowledged this
Agreement in duplicate originals, one of which is retained by each of the
parties.
This the _ .... ' .... /f"' __ day of Sef>ie{!)Cer ,2007.
This the --1---+-".. ...
$p"ftw"bt
v
, 2007.
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BK013365PG01063
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COUNTY OF WAKE
I certify that Christine Rae Quante Hopkins personally appeared before me this day,
and I have seen satisfactory evidence of the principal ' s identity, by a cUlTent state or
federal identification with the principle' s photograph in the form of a driver' s license;
acknowledging to me that she voluntaril y signed the foregoing document for the purpose
stated therein and in the capacity indicated.
is 4 day Of/ ..I;./- 2007.
My Commission Expires:_"",J,--- __ _
COUNTY OF WAKE
I certify that Richard Christopher Hopkins. Jr. personally appeared before me this
day, and I have seen satisfactory evidence of the principal's identity, by a current state or
federal identification with the principle' s photograph in the form of a driver' s license;
acknowledging to me that he voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated.
Witness my hand and seal this day
Notary Public
My Commission Expires: at
16
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BK013365PGO 1 064
BOOK,e133ES PACE:&le48 - 81864
Yellow probate sheet is a villli part of your m:orded dOQlment.

,,-
WAKE
COUNTY
Laura M. Riddick
Register of Deeds
cu.er Group
..... #ofTi me Stamps Needed
This DocumenC
_
__ ,-,.,_New Time Stamp
__ __ ' of P,g,,;,--
Wake County
MITCHELL
(Page 1 of 27)
BK013445PG02250

HC 515
LAURA" RIDDICK
REGISTER OF DEEDS
PRESEHTED 8 RECORDED OH
9312312099 15=47=42
STA TE OF NORTH CAROUNA
BOOK.81344S PAGE.822S8 - 822?G
) CONTRACT OF SEPARA TION
) AND PROPERTY
) SETTLEMENT AGREEMENT
COUNTY OF WAKE
THlS CONTRACT OF SEPARATION AND PROPERTY SETTLEMENT
AGREEMEl'.'T (hereinafter referred to as the "Agreement") by and between Lesley Cordelia
Hyers Mitchell citizen and resident of Wake County, North Carolina, hereinafter referred to as
"Wife," and Larry Wayne Mitchell , a citizen and resident of Wake County, North Carolina,
hereinafter referred to as the "Husband," ("Husband" and "Wife" collectively are also sometimes
referred to hereinafter as the "panies"), shall become effective as of the date that it has been
executed by each pany hereto;
WITNESSETH:
WHEREAS, Husband and Wife were married on April 8, 1994 and cenain differences
have arisen between them rendering it undesirable for them to continue to live together, by
reason whereof they began living separate and apan from one another on February 11,2009; and
WHEREAS, there were two children born of the marriage, whose names, binh dates, and
present ages are as follows; Jacob Wayne Mitchell, born June 3, 1997, age eleven (II); Melissa
Nicole Mitchell , born April 7, 2000, age eight (8).
WHEREAS, each of the panies is more than eighteen years of age, and they desire to
confirm thei r separation from and after this date, and desi re to set down the terms and conditions
thereof including provisions for final sett lement of all marital and other rights, responsibilities
and obl igati ons growing out of their marital relationship; and
WHEREAS, after mature considerat ion and judgment of the panies, and Husband upon
having been provided the opponunity to consult with legal counsel and choosing not to do so,
represents himself Pro Se in this matter, and Wife having received advice and counsel from
Attorney Timothy G. Fowler; and both part ies agree that this Agreement is entered into
mutuall y of their own free will and with full knowledge that either pany may apply to the Coun
for an absolute divorce at such time as they have been continuously separated for one (1 ) year or
more, and
WHEREAS, both panies stipulate and agree that they have carefully read and understand
the terms ana conaitions of this Agreement, ana aeem them to be fair, just and equitable ana in
full and complete satisfaction of all claims, present or future, arising out of or in any manner
related to their marriage;
NOW, THEREFORE, in consideration of the reasons recited above, the mutual promises,
"' '.m". 0,"" ",od ." "I .. hl, #'
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BK013445PG02251
,
to the other paid. the receipt of which is hereby respecti vel y acknowledged. each party stipulaces.
agrees and covenants with the other as follows:
ARTICLE 1
SEPARATION
1. Separation.
From and after the date of thi s Agreement. Husband and Wife shall and will continue to
live separate and apal1. each from the other, as fully, completely and in the same manner and to
the same extent as though they had never been married. Husband and Wife each shall be free
from interference, authority and control, direct or indirect, by the other. as fully as if he or she
were single and unmarried. Neither shall molest the other. nor harass the other, nor compel or
endeavor to compel the other to cohabit or dwell with him or her. Husband and Wife may reside
at such place or places and with such person or persons as each of them may deem fit or as each
of them may desire. Neither Husband nor Wife shall call upon or vi sit the other except by
express invitation by one accepted by the other. Each of the pal1ies may for his or her separate
benefit engage in any employment, business or profession he or she may choose. Both Husband
and Wife shall have the ri ght to contract and to be contracted with independently of the
other as fully and to all intents and purposes as if they had never been married.
ARTICLE 2
RELEASE OF PROPERTY AND ESTATE RIGHTS
1. Sale of Property. In the event of the sal e, transfer, or conveyance of any real or
personal property owned or hereafter acquired by either of the parties, if either party to this
Agreement is called upon to execute a deed. conveyance, bill of sale or other instrument
conveying said property, then the party called upon will sign any such instrument which may be
reasonably required as reasonably necessary to perfect ti tle in the grantee of the propel1y which is
sought to be conveyed. Neither party shall be reguired to assume any indebtedness or other
liabi lity with respect to such property transfers.
2. Mutual Waiver of Claims Against the Other' s Estate.
Husband does hereby waive. release. discharge. quitclaim and renounce un to Wife and
her personal representati ves, executors, administrators, legates. devisees, heirs, successors and
assigns, and Wife does hereby waive. release. discharge, quitclaim and renounce unto Husband
and his personal representatives. executors, administrators, legatees. devisees. heirs. successors
and assigns:
(a) . All and every right to share in the estate of the other upon said party's
death as proVIded in O.S. Section 2914, or otherwise. not and hereafter by law provided;
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BK013445PG02252
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(b). All and every right to elect to take a life estate in real estate upon the death
of the other party in lieu of the share provided in O.S. Section 29-30. or otherwise. now
and hereafter by law provided;
c). All every ri ght to a year's allowance upon the death of the other party as
provided by O.S. Section 30-15, or otherwise. now and hereafter by law provided;
(d). All and every tight to take an elective share as provided by O.S. Section 30-
11 - 30-3.6. or otherwise. now and hereafter by law provided: and
(e). All and every right to administer upon the estate of the other party as
provided by O.S. Section 28A-4-1. or otherwise. now and hereafter by law provi ded.
This Agreement creates a debt of the deceased party's estate and shall bind the heirs and
estate of the deceased party to transfer ownership as set forth herein.
3. Waiver of Rights. Claims or Benefits Relating to Wills. Trusts. Death Benefits and
Insurance Proceeds for Property Damage. Husband and Wife expressly waive any right.
claim or benefit (including appointment as personal representat ive, a bequest or devi se) under
any Will executed by the other party prior to the date of this Agreement. Except as set forth
herein. each party further waives, releases, and renounces, and hereby conveys. quit claims and
assigns over to the other party and his or her heirs, executors and administrators. any beneficial
or administrative right arising under any trust created by the other party prior to the date of this
Agreement. any right to insurance proceeds. retirement benefits or employment benefi ts payable
by reason of the death, disability or ret irement of the other party. and any right to insurance
proceeds payable by reason of damage or destruction to any real or personal property owned by
the other party, whether such property was distributed under this Agreement or acqui red before
or after execution of the Agreement by the other party. Husband and Wife further agree upon the
death of the other to execute such other and further documents, including documents or
renunciation. as may be reasonably required to give full force and effect to this Agreement. By
this Agreement. husband and Wife are not waiving, and shall retain, whatever rights they may
have under Federal Law to receive social security benefi ts as a result of having been married to
one another.
4. Powers of Attornev. Husband hereby expressl y revokes the powers and
authorities conferred upon Wife as Husband' s attomey -infact under any power of attomey
heretofore executed. Wife hereby expressly revokes the powers and authorities conferred upon
Husband as Wife's attorney-in-fact under any power of attomey heretofore executed.
ARTICLE 3
ADEQUACY QF SETTLEMENT PROYISIONS
l. Adequacy of the Settlement Provisions. The Husband and Wife make this
Agreement in full and complete satisfaction of any and all claims which the Husband may have
,
(Page 4 of 27)
BK013445PG02253
against the Wife or by which the Wife may have against the Husband, including rights of
equitable distri buti on which each may have under the applicable present and future laws, rights
to distribution of all marital and separate property which either has a claim or right to, rights to
spousal support, rights to payment of capital sums, rights to distributive shares, and rights to life
insurance, and instead make the financial provisions as set forth herein. Wi thout limiting
generality of the foregoing, the Wife acknowledges to the Husband and the Husband
acknowledges to the Wife that the provisions herein contained for his or her benefit are fair,
adequate, reasonable, and satisfactory to him and to her. Accordingly, each pany hereto accepts
the same in lieu of and in full and final settlement and satisfaction of any and all claims or rights
that he or she may have now or hereafter against the other for support and maintenance or for
distribution of propeny.
ARTICLE 4
WAIVER OF LIABILITY FOR NECESSARIES
I. Waiver Of Liability For Necessaries. The Wife warrants to the Husband
that she shal! not seek from the Husband contribution for the payment of expenses for
necessaries that she may incur. The Wife hereby warrants that at the time services are rendered
she shal! provide actual notice to any third party who provides necessaries to her that she is
legally separated from the Husband and that said provider should have no expectation or
compensation or reimbursement from the Husband by virtue of the Parties' marriage. The Wife
agrees to indemnify, defend, and hold Husband harmless against third- pany creditors who seek
compensation from the Husband under the doctrine of the necessaries under the present and
future laws of any jurisdiction.
The Husband warrants to the Wife that he shall not seek from the Wife contribution for
the payment of expenses for necessaries that he may incur. The Husband hereby warrants that at
the time services are rendered he shall provide actual not ice to any third pany who provides
necessaries to him that he is legally separaled from the Wife and that said provider should have
no expectation of compensation or reimbursement froM the Wife by virtue of the parties'
marriage. The Husband agrees to indemnify, defend, and hold the Wife harmless against third-
party creditors who seek compensation from the Wife under the doctrine of necessaries under
the present and future laws of any jurisdiction.
ARTICLES
PROPERTY SETTLEMENT
1. Property Settlement. Pursuant to North Carolina General Statutes (Hereinafter "O.S."
SO-20(d), the parties have agreed and provided for a settlement and distribution of all thei r
maritat and divi sible property, as those terms are defi ned in G.S. 50.20, and have further agreed
and provided for a settlement of all other property rights, whether arising under any provision of
the laws of the State of North Carol ina or arising under any provision of the laws of any other
jurisdiction. Their property sett lement and distribution is as follows:
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BK013445PG02254
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A. Real Property.
I. Residence. The parties are presemly owners as tenants by the entirety of a house and lot
located at 7504 Penny Road, Raleigh. North Carolina (Hereinafter referred to as the "Residence").
Contemporaneously with the execution of this Agreement , the Wife shall convey by quit claim deed,
her interest in said property to the Husband subject to the existing note and deed of trust in favor of
Washington Mutual Mortgage Company encumbering the property so long as Husband
Contemporaneously with the execution of this Agreement pays to the Wife seventy three thousand
dollars ($73,000) as considerati on for her portion of the net Equity, constituting her interest in said
marital Residence. Upon the execut ion of this Agreement, Husband assumes and agrees to pay all
mortgage payments to the above mentioned mOrtllage company. Husband shall refinance the home
solely in his name and Wife's name shall be been removed from any all loan instruments pertaining
to said residence by no later than February 20, 2009. Wife shall fully cooperate with Husband and
or his agents to both convey by deed or otherwise, her imerest in the Residence to Husband. Wife
shall fully cooperate in removing her name from the deed. The Wife hereby relinquishes any and
all rights she might have in the abovementioned real property and conveys her full interest in said
real property to Husband for his exclusive use, benefit and enjoyment. The Wife hereby assigns to
the Husband the escrow deposits and utili ty deposits, if any, relati ve to the aforesaid property.
B. Personal Prooerty.
(I). Automobiles.
a). The Husband Shall be entitled to exclusive ownership, use and control
of the 2008 Chevrolet Silverado Truck subject to the present indebtedness owed
thereon in the amount of $27,500, (Last four) of account number: 4194, which
Husband shall fully satisfy in accordance with the tenns of the loan instrument.
The Husband shall hereafter be solely responsible for all expenses relating to the
operation, maintenance, insuring and ownership of said vehicle.
b). The Wi fe shall be entitled ownership, use and control of the 2001
Volkswagen Pasaat automobile. Within 30 days of the execution of this
Agreement Husband shall transfer title to Wife. The Wife shall hereinafter be
solely responsible for all expenses relating to the operation, maintenance, insuring
and ownership of said vehi cle. Husband will notify Wife at least fourteen days in
advance of the date that the auto Insurance policy will end on said vehicle.
c). Each party agrees to indemnify and hold the other harmless from all the
above liability arising by reason of their separate operation of any vehicles named
above or purchased while the parties are sti ll married and or while separated.
Each party shall maintain liability insurance in their separate name for their
5
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BK013445PG02255
respective vehicles and shall pay the premiums on said policies as they become
due.
d). Negligent Operation. Each party agrees to indemnify and hold the
other hannless from all liability arising by reason of their separate operation of
any of the aforesaid vehicles and or any other vehicle.
e). Boat. The Husband shall be entitled to the ownership, use and
control of the 2001 SL18 Skeeter fish and ski boat subject to the present
indebtedness owed thereon in the amount of $6,000, which the Husband
shall satisfy in accordance with the tenns and conditions of the loan
instrument. The Husband shall hereafter be solely responsible for any and
all expenses relat ing to the operation. mai ntenance. insuring and
ownership of said boat. The Husband shall indemnify and hold the Wife
Harmless from all liability arising by reason of operation of the above
mentioned boat.
2) .Joint Bank Accounts.
The parties are owners of the following joint bank account: State
Employees Credit Union, account No. 4912. Wife shall make no Further
withdrawals against this account and Husband shall own as her sale and separate
property any balances remaining in the joint account and this account shall be the
Husband's sole and separate propelty. The Parties shall take the steps necessary
to remove Wife's' name from this jOint account
3). All Bank Accounts in Husband' s Name.
Husband shall retain all bank accounts maintained by him in his
name alone or with third parties as his sale and separate property.
4). All Bank AccouOlS in Wife' s Name.
Wife shall retain all bank accounts maintained by in her in her
name alone or with third parties as her hr sale and separate property.
5). All Bank Accounts and Life Insurance Policies in Chi ldren's Names.
The parties agree that all accounts and life insurance policies held in the
chi ldren's names shall be each child's sale and separate property. Neither party
shall withdraw any funds from any of the children's accounts without the express
written consent of the other pany or Court Order.
6) Household Furniture and furni shings and Other Miscellaneous Tangible
Personalty. The panies have agreed upon a division of their household furniture and
furnishings and other miscellaneous tangible personalty. The Wife shall remain as her
sole and separate property all furniture and furnishings ami other mi scellaneous items of
6
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BK013445PG02256
tangible personally set forth on the attached Schedule A. which is attached hereto and
incorporated into this Agreement as Schedule A.
The Husband shall retain as his sole and separate property all furniture and
fumisnings and otner miscellaneous items of tangible personalty set forth on the attached
Schedule B. which is attached hereto and incorporated into thi s Agreement us Schedule
R.
7. Retirement Benefi ts.
a). Husband hereby waives and releases all of his right, title. and interest in
and to any benefits accrued and future benefits, whenever payable,
attributable to Wife's part icipation in any private and or employee based
pension, retirement or other employee benefit plan or arrangement.
b). Wife hereby waives and releuses.1I of her right, title, and interest in
and to any benefits accrued and future benefits, whenever payable,
attributable to Husband' s participation in any private and or employee
based pension, retirement or other employee benefit plan or arrangement,
including but not limited to Husband's 401 K plan with Aecom, account
number (Last three) 756, approximately $51 ,688.52 and a CitiGroup Global
MKTS Inc., Account number 9703, in the approximate amount of
$21,066.61 as of January 30, 2009. In consideration for the above
mentioned waiver, the Husband shall pay the Wife a distribut ive award as
stated below.
C). Distributive Award.
Neither Husband nor Wife will pay the other a distributive award based on thi s agreement.
8. Intangible Personal Prooeay. The parties have divi ded between them to their
mutual satisfaction, all intangible personal property owned by them individually
and jointly, including but not limited to, checking and savings accounts, stocks,
bonds, mutual funds, IRA's. interests in pension and profil sharing plans,
promissory notes, franchises, pannerships and the like. Hereafter, neither party
shall make any claim agai nst the other (or any intangible personal property in the
narne, possession or control of the other.
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BK013445PG02257
D). Covenant of Full Disclosure. Each pany covenants with and represents 10 the other
that he or she made a full and fair disclosure of all property and interests in property
owned or believed to be owned by the other.
l ~
a). Credit Card Debt and Present Debt.
Except as otherwise provided herein, each pany shall pay any and all credit card
debts in their individual names and shall indemnify and hold the other harmless from any and
all liability related thereto. Wife shall be removed from all credit cards as a joint cardholder
or as an authorized user of the credit cards in Husband's name immediately upon execution of
thi s Agreement. Husband shall be removed from all credit cards as ajoint cardholder or as an
authorized user of the credit cards in Wife' s name immediatel y upon the execution of this
Agreement. Simultaneously with the execution of this Agreement, all joint credit cards shall
be closed. To the extent that any joint accounts remain, all outstanding balances on credit
cards and charge accounts incurred by either pany rollowing the execution or this Agreement
shall be the sale and separate responsibility of the pany in whose name the account is held or
whom the charge is incurred. At the time of the execution of this Agreement, the panies were
indebted in the approximate following amounts:
I). The Husband agrees to assume, pay and hold the Wife harmless from the
following individual, joint, household and family indebtedness incurred prior to the date of
separation:
Creditor
a). Washington Mutual (1" mangage)
b). First Citizens (Truck)
c). Aecom 401K Loan (Boat)
e). SECU Visa, account No:4885
Balance Due
$ 107,655.
$ 27,500.
$ 6,000.
$ 5,000.
2). The Wife agrees to assume, pay and hold the Husband harmless from
the following joint, household and fami ly indebtedness incurred prior to the date of
separation:
Creditor
f). Discover Card, Account Na:94S7
g). Wachovi. Overdraft, Account No:8019
f). Citi-Bank Credit Card, Account No: 1386
b). Future Debts.
8
Balance Due
$ 4,500.
$ 2,300.
$11,200.
(Page 9 of 27)
BKD13445PGD2258
Effective with the signing of this agreement, both parties agree that neither shall incur
any debt nor make any contract for which the other or the other's estate may be liable, except as
otherwise specifically provided herein. Each party shall pay all debts and discharge all financial
obligations which he or she may incur for himself or herself and shall indemnify and save
hatmless the other againsl any and all debts or other obligations which he or she may incur, except
as otherwise specifically provided herein. Neither party shall hereafter charge or cause to be
charged to or against the other any purchase which either of them may hereafter make, and shall
not hereafter create any obligations in the name of or against the other and shall never hereafter
secure or attempt to secure any credit in conneclion with the other, or in his or her name .
In addition to the above mentioned, provision a). Credit card Debt and other Debt, under
the Debt section of this Agreement. Wife agrees to assume responsibility for and make timely
paymems of the debts that are set forth specifically on Schedyle C which is attached hereto and
incorporated into this Agreemem as Schedule C.
In addition to the above mentioned, provision a). Credit Card Debt and other Debt, under
the Debt Section of this Agreemem, Husband agrees to assume responsibility for and make timely
payments of the debts that are set forth specifically on Schedule D which is attached hereto and
incorporated into this Agreement as Schedule D.
Except as set forth herein above, Husband Shall be solely responsible for debts incurred by
him, and Wife shall be solely responsible for debts incurred by her prior to and after the date this
agreement is signed.
0). Additi9n'!l I Del)!$.
All liabilities in Husband's sale name that are not identified herein shall be
Husband' s sale and separate responsibility and he shall indemnify. defend and hold Wife
harmless from any and all liability related thereto. All liabilities in Wife's sale name that are
not identified herein shall be Wife' s sale and separate responsibility and she shall indemnify.
defend and hold Husband hannles5 from any and all liability related thereto. Any undisclosed
debts incurred or undisclosed contracts entered into by either pany prior to signing this
Agreement shall be the obligation of the party having incurred or entered into the same and
the party incurring the debt or entering into the contract shall indemnify, defend and hold the
other party harmless from .11 liability related thereto.
d). Each Responsible For Own Future Debt and Obligations. Neither party shall
charge or cause to be charged to or against the other any purchase which either of them may
hereafter make, nor create any obligations in the name of or against the other. nor secure or
attempt to secure any credit in or upon the name of the other. Each pany shall promptly pay
all debts and discharge all financial obligations that he or she may incur fOf himself or hen;elf.
Each pany does hereby agree to indemnify, defend and hold the other party harmless against
any and all debts, claims. judgments and costs arising out of any obligations in the future that
the other party may incur.
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BK013445PG02259
eJ. Indemnltv. In the event either party is compelled to pay any bill or obligation that is
solely the other party's responsibility under the tenns of this Agreement. the party who pays
may either make claim for and recover such amount paid or deduct the amount paid from any
monies subsequently becoming due to another party under any other provision of this
Agreement. including but not limiled (0, deducting amounts paid on behalf of the other p:rrty
from the non-paying party' s share of the net proceeds upon the sale of the marital residence.
3. Waiver of RIghts to EquItable Distribution. Husband and Wife expressly
acknowledge and agree. pursuant to G.S. 50-20(d), that the division and distribution of marital
property set forth is just, fair and reasonable, is deemed by the parties to be equitable, and that
this Agreement shall be binding on the parties. Each party expressly waives any and all other
rights, whether now in existence or acquired hereafter, to claim an equitable distribution under
the laws of this or any other state and agrees that this provision and this Agreement may be
pleaded in bar of any such claim for relief in any suit filed hereafter.
4. Subsequent Property Transactions. Either party may at any time
hereafter acquire, posses. encumber, transfer. conveyor otherwise deal with any and all
classes of property, real or personal, tangible or intangible, or mixed, consistent with this
Agreement, whether now owned or possessed or hereafter acquired by either of them. without
the joinder or consent of the other party and with the same force and effect as if they were
unmarried. If it shall become necessary to pass, transfer or guaranty good title, a party shall,
upon request of the other, execute any deed, bill of sale or document evidencing a conveyance
of property. It is agreed between the parties that each of them will at any time or times
hereafter make, execute and deliver any and all of such other assurances as either of said
parties shall reasonably require for the purpose of giving full effect to these agreements. No
liaoility or expense shall be inculTed oy the party requested to execute such document.
5. Mutual Release. Except as expressly set forth herein, each party does
hereby waive any and all rights-past, present, and future for -any claim under the
Equitable Distribution Act. Except as herein provided, each party may dispose of his or her
property in any way; and each party does hereby release and forever discharge the other, his or
her heirs, executors, administrators. assigns, property and estate, from any and all rights,
claims, demands and obligations of every kind and character for past and present support and
maintenance, homestead rights, widow's year's allowance rights of inheritance, dissent, and
distribution and specifically relinquishes the right to act as executor or administrator of the
estate of the other, rights of election against the Will of the other, and from all other rights,
claims, demands and ooligations of every kind and character arising out of or by vinue of the
marital relationship of the parties, except as in the Agreement may be otherwise expressly
provided, and each is forever baITed from having or asserting any right, claim, demand or
obligation at any time hereinafter for any purpose, except only things which may arise under
this agreement.
In the event the Husband and Wife end their separation by reconciliation and reswnption
of marital cohabitation, the executory provisions of this Agreement shall thereby be canceled
10
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BK013445PG02260
and rescinded, but all provisions hereof which have been executed or partially executed at that
time. shall. to the extent of complete or partial performance. continue in full force and effect
unless and until they are canceled or rescinded in a written agreement duly executed by both
Husband and Wife. The parties acknowledge, however, that the provisions contained above
with regard to the division of both real and personal property shall be deemed fully executed at
the time thi s Agreement is signed by both parties and shall not be effected by a reconciliation of
the parties. The property transferred and assigned pursuant to the property settlement
provisions of this Agreement shall remain the separate property of the parties as stated herein.
6. Elfect of Re<ondiiation.
In the event that Husband and Wife end their separation by reconci liation and
resumption of marital cohabitation, the executory provisions of this Agreement shall thereby be
cancelled and rescinded, but all the provisions hereof which have been executed or partially
executed at that time. shall . to the extent of complete or partial performance. continue in full force
and effect unless and until they are canceled or rescinded in a wntten agreement duly executed by
both Husband and Wife. The parties acknowledge. however, that the provisions contained above
with regard to division of both real and personal property shall be deemed fully executed at the
time this Agreement is signed by both parties and shall not be effected by a reconciliation of the
parties . The propert y transferred and assigned pursuant to the property settlement provisions of
this Agreement shall remain the separate property of the parties as stated herein.
Article 6,
ALIMONY.
1. Spousal Support ,Support of WIfe,
Husband shall pay Wife as alimony for her sole use and benefi t the sum of eight hundred
Dollars ($800.00) per month for seven years (7 years, 84 months) commencing March 10,2009
and going through the March 25, 2016 payment. All payments shall be made by cash; certified
funds, check or money order, Husband shaJl make said alimony payments monthly in the form of
two instaJlments monthly. Said installments shaJl be due 10 Wife on or before the Tenth (10th)
Day and the twenty Fifth (25th) day of each calendar month commencing March 10, 2009. Such
payments shall continue until the First to occur of the foJl owing events: (I) the death of the Wife.
(ii) the remarriage of the Wife, (iii) the death of the Husband, (iv) The Wife's cohabitation with
an unrelated adult (v) the 25th day of March, 2016. In no event and under no circumstances shaJl
alimony payments extend beyond March 25th, 2016 and shall finally conclude with the payment
for the month of March 25th, 2016, unless terminated sooner by Husbands death. Wife's death, or
Wife's remarriage or co-habitation as indicated above. The Parties funher agree that there is no
liability to make any of the forgoing alimony payments for ~ y period aftet the death of Wife and
there is no liability to make any payment (i n cash or property) as a substitute for such payments
after the death of Wife. Any monthly payments that are not paid when due under the terms and
conditions of this Agreement shaJl consti tute a breach of contract and shall also bear compounded
inlerest from Ihe due date to the date paid at a rate of five percent (5%).
I I
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BK013445PG02261
Wife acknowledges that the provisions herein contained for her support and maintenance
are reasonable and adequate in view of the circumstances of the parties and her income from her
own efforts and property, and she expressly waives all claims against Husband for alimony,
support, and maintenance except as expressly provided in this Agreement.
The provisions for the support and maintenance of Wife shall not be modified or changed
except by further agreement between the parties expressed in writing.
The provisions for the support, maintenance, and alimony of Wife are independent of any
division or agreement for division of property between the part ies, and shall not for any purpose
be deemed to be pan of or merged in or integrated with the property settlement of the panies.
The Husband shall provide and pay for health Insurance coverage for Wife until such time
that the a judgement for divorce is entered. After the entry of Oi vorce, Husband shall pay for fifty
percent (50%) of Wife's COBRA costs for health insurance for a time period of 24 months or
until such time that Wife obtains insurance through her employment.
Health Insurance Continuation. The parties recognize that Wife may be eligible to
continue coverage through COBRA under the Group health insurance carried by Husband through
his employer. Husband shall, within ten days of any event that cease Wife's heallh insurance
coverage to end, either underthe terms of the policy or by reason of a qualifying event under the
COBRA requirements, notify the Plan administrator of the event. At the same time, Husband
shall inform Wife in writing that such notice has been given to the Plan Administrator.
ARTICLE 7
I), Custody of Children. There were two minor children born to the marriage of the
parties, to wit, Jacob Wayne Mitchell. born June 3, 1997, age eleven (II); Melissa Nicole
Mitchell, bOrn April 7,2000, age eight (8). The parties acknowledge that the Wife is fit and
proper person to have Primary Physical Custody of the minor children and that it is in the best
interest of the minor children for Wife to have primary physical custody of the minor children.
Accordingly, Wife shall have the right of primary physical custody of the minor children. The
parties acknowledge that both Husband and Wife shall share Joint Legal Custody of the minor
children. Accordingly, each parent shall have an equal voice in decisions relating to the
children's health, religious training, vacations, choices of schools, summer camps and other
living experiences.
2. Visitation Provisions in the Event of a Disagreement. In the event the parties are
unable to agree upon a reasonable visitation schedule, the following shall apply:
a. Husband's Parenting. Husband's time with the children shall be referred to as
"visitations" and these occasions shall be liberal. Unless otherwise agreed by
Husband and Wife, Husband shall have the right to visit with the children
every other weekend and during the week as noted below. In the event
12
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BK013445PG02262
Husband has unavoidable conflicts for scheduled visitation, he shall have the
right to visit with the minor children for a comparable period of time at a time
mutually agreeable to Husband and Wife, subject to the restrictions set forth in
paragraph 3 below, visitation shall be enjoyed by Husband as follows.
b. Weekends. Husband shall have the right to visit with minor children every
other weekend from Friday at 6:00 p.m. until 8:00 p.m. on the following
Sunday. This visitation shall commence on the first weekend subsequent to
entry of this Agreement, and likewise alternate every other weekend thereafter.
The provisions of this paragraph are subject to the provisions set out below in
section D. Where there is overlap and or conflict between the Weekend and
Holiday visitation schedule, the Holiday visitation schedule will control. The
Weekend visitation schedule will continue in force subsequent to the Holiday
in question on an alternating weekly basis, with Husband getting Minor
children on the weekend he would have had visitation with minor children, had
there been no alteration of Weekend visitation due to one of the below
mentioned Holiday visitation provisions.
c. Weekday Visitation: Husband shall have the right to visit with minor children
every Wednesday from the children' s release from School Wednesday until the
slart of Thursday Morning, at such time that Husband shall drop the children off al
school.
d. Holiday Visitation. The parties agree that the Holidays of Christmas,
Thanksgiving, Spring Break and Easter shall be equally divided between the
parties for visitation purposes as Ihe part ies may agree. In the event Ihat the parties
are unable to agree upon a reasonable holiday visitation schedule, the following
shall apply:
I. Thanksgiving, Easler aiid Break Vacation.
Husband shall have the right 10 visit with the minor children on
Thanksgiving day from 8:00 a.m. until 4:00 p.m., and Wife shall have the
children from 4:00 p.m. throughout the remainder of Thanksgiving day.
Easter: Husband and Wife shall have rights to visitation with the minor
children on an alternating year basis, with Husband first having visitation in year
2009 and every odd numbered year Ihereafter. Visitation shal l begin al 5:00 p.m.
the day before Easter and end at 5:00 p.m the day after Easter.
2. Christmas. Husband shall have the right to visit with the minor children
for the purpose of celebrating Christmas, beginning from December 23rd at 5:00
p.m. and ending on Christmas Eve at 9:00 p.m. Wife shall have the right to visit
with the minor children for purposes of celebrating Christmas School Holidays,
beginning on Christmas Eve at 9:00 p.m. and continuing Ihrough Christmas day.
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BK013445PG.02263
Subject to the parties' nonnal visitation schedule, Wife shaU have custody with the
minor children the remainder of the Christmas school holiday.
3. Memorial Day. Labor Day and July 4 ~ Husband shall have visitation with
the minor children on Memori al Day, Labor day Holiday and Jul y 4",
Holiday beginning on the day the minor chil dren are released for the
holiday and continuing until 6:00 p.m on the day prior to the day one or
more of the children are scheduled to resume school.
4. Children's Birthdav. Wife shall have the ri ght to visit wi th the minQr
children for the purpose of celebrati ng each chi ld' s birthday by celebrating them in
any period that would fall within the nonnal visitation schedule as set fonh above.
If the birthday does not fal l within a period when the Wife would normall y have
the honored chi ldren, then Wife shall have vi sitation of the minor child. However.
Husband shall have the right to visit wilh both children on each child' s binhday to
celebrate the child' s birthday for a period of no less than one hour.
5. faIher's Day. Husband shall have the right to visit the minor children for
the purpose of celebrating f athers Day on fathers Day, whether or not this day
falls within the nonnal visitat ion schedule set for him under this agreement from
noon until 8:00 p.m.
6. Husband' s Birthday. Husband shall have the right to vi sit with minor
children for the purpose of celebrating the father' s birthday on the father's
birthday, whether or not this day faUs within the nonnal visitation schedule set for
him under thi s Agreement from 6:00 p.m. until 8:00 p.m. if his birthday faUs on a
weekday, or from 4:00 p.m. until 8:00 p.m if his birth day falls on a weekend.
6. Mother' s Day. Wife shall have the right to vi sit with the minor
children for the purpose of celebrat ing the mother' s day on the mothers day,
whether or not this day falls within the normal visi tation schedule set for Wife
under this agreement , beginni ng at noon on mothers day and ending at 8:00 p.m.
7. Mother' s Birthday. Wife shall have the ri ght to visit with the mi nor
children for the purpose of celebrating the mother' s birthday on the mother' s
binhday, whether or not thi s day faUs within the nonnal vi sitation schedule set for
Wife under thi s Agreement , from 6:00 p.m. until 8:00 p.m. if her bi rthday falls on
a weekmght, or from 4:00 p.m. unti l 8: 00 p.m. if her blnhday fall s on a weekend.
8. Transportation. The Wife shall provide transportation to all vi sits and the
Husband return the minor children at the times specified.
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BK013445PG02264
e. In the event that either party is unable to care for the chi ldren while they are in his
or her custody, the parties hereby stipulate and agree that the custodial party shall
contact the noncustodial party and give them the right of first refusal to care for
the children before contacting a third person to arrange for their care.
f. Neither Husband or Wife shall have any over night guests of the opposite gender,
not related by blood or marriage, staying with him or her when the minor children
are in his or her physical custody and control, whether at their residence or at any
other location, until such time that a di vorce decree has been issued.
g. Parental Notification. Each parent agrees to notify the other of any school or
church functions, sports events or recitals or similar events that the children may
be involved in. Each parent agrees to notify the other of any teachers conferences,
open house, or other related educational function that the child will be involved in.
2, Restrictions.
a. Consumption of Alcohol and Other Drugs. Husband and Wife agree that it
would not be in the best interest of the minor children to be e ~ p o e d to either
Husband or Wife while either has consumed excessive alcohol and any illicit
drugs of any sort whatsoever. Therefore, Husband and Wife both expressly
agree that neither party shall consume any excessive alcohol and or drugs prior to
his or her respective physical custody and control or visitation with the minor
children. Under no circumstances shall either party drive or transport the minor
children after consuming alcohol or illicit drugs. Further, Husband and Wife also
agree that minor chi ldren shall not be exposed to others who have excessively
consumed alcohol and or drugs.
3, Child Support.
A. Cbild Supoort. Beginning contemporaneously with tbe execution of this
Agreement, the Husband sball pay as child support the sum of Eigbt Hundred
Dollars per month ($800) as child support for said minor children until the minor
children are (18) eighteen years old and ceases to pursue any reasonable form ofan
educational pursuit. Said child support shall be due and payable on the 10th day
of each and every month and the twenty fifth day of each and every month
respectively. However, the Parties agree that said child support shall be modified
accordingly either by mutual consent after the minor child, Jacob Wayne Mitchell,
becomes emancipated in accordance with any of the below mentioned provisions.
The sum Husband is obligated to pay shall be first paid from the tenth day of the
first month subsequent to the signing of this Agreement. Said sum will be payable
in an amount $400 on the tenth day and $400 on the twenty fifth day of each month
15
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BK013445PG02265
and every month thereafter. The Husband's obligation to provide child support as
set out herein shall remain the same until the first of the following to occur:
l. The death of a child;
2. The marriage of a child;
3. Emancipation of a child;
4. The children reach the age of eighteen ( 18) and graduates from high
whichever occurs last, but no later than the child reaching the age of
eighteen (18);
5. Until the entry of a court order regarding child support or 8 properly
acknowledged and notarized amendment to this Agreement
modifying or terminating child support.
B. In addition to the above mentioned child support obligation, The Husband
shall also pay for fifl y percent (50%) of any an all reasonable child care
costs, and of any other extra ordinary expenses pertaining to the children,
including but not limited to summer Camp costs, Saxaphone rentals, dance
and cheer leading lessons, sport lessons, school clothes and shoe expenses,
and braces. The Husband shall also equally share (50%) with Wife, in
paying for the children' s college tuition, room and board, books , food, and
other reasonable expenses incl uding transportation and applicable insurance
coverage on said vehicles and any other reasonable costs and expenses
related to the children's educational pursui ts. This shall be so even though
both part ies realize that North Carolina law does not mandate that parents
pay for costs and expenses relating to children's higher educational
pursuits.
C. Modifi cation Of Monthly Child supoort Amount.
The parties acknowledge that in order to insure that the minor children are
receiving support in the suffi cient amount, the amount of the monthly chi ld
support will need to be re-calculated and modified from time to time and upon the
occurrence of certain events, including but not limited to when the oldest of the
minor children obtains the age of eighteen years of age and graduates from high
school.
The parties may re-calculate and modify the amount of child support when
the oldest of the minor children reached age of 18 and graduates from high school.
However, the parties hereby agree that said amount of child support for the sole
remaining minor child shall not exceed $600 per month.
D. Dependency E<emption. The Wife shall be entitled to take the
dependency exemptions for the minor children for tax year 2009 , for ta< year 2010
and all subsequent years Wife shall be entitled to clai m the dependency
16
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BK013445PG02266
exemption for Melissa. and husband shall be entitled to claim the dependency
exemption for Jake. ,
E. Health Insurance. The Husband agrees to maintain Health Insurance
and Dental Insurance for Minor children until minor children are 18 years of age or
are legally emancipated. or until the children obtain the age to which they are no
longer eligible to receive health care coverage under the Husband's policy.
whichever is the latest to occur. The Husband and Wife shall equally (50%150%)
pay for all health related bills, co-pays and or deductibles incurred by minor
children that are not covered by health insurance, including but not limited to co
pays and deductible. pertaining to medical and dental treatment and prescription
medications.
F. Miscellaneous Expenses. Husband and Wife agree that in the unfortunate
event that minor chi ld were to pre-deceWie Husband and Wife, that Husband and
Wife shall share equally in any and all funeral expenses and burial expenses.
G. Life Insurance. Although each party shall continue!O retain the
ownership of all life insurance policies currently owned by him or her respectively
and insuring his or her respective life (including the cash value of such policies),
the Husband and the Wife expressly agree and stipulate that each party shall
continuously maintain the parties aforesaid two minor children as the primary
equal beneficiaries of the death benefit on all of his or her unencumbered life
insurance policies currently in effect until each of the children reaches the age of
twenty two (22). In addition, each pal1Y shall provide written verification to the
other party hereto during the month of June each and every year (beginning in
2008) that such unencumbered life insurance policies are st ill in effect and that
parties aforesaid two children are still maintained as the primary equal
beneficiaries thereof.
ARTICLES
INCOME TAXES
1. Tax Returns.
The Parties shall file a separate income tax return for the year 2009. Each party is
responsible for paying the tax: liability on income earned by him or her respectively during the
martiage and will indemnify, defend and hold the other harmless for any liability associated
therewith.
2. Tax Advice.
The panies acknowledge that they have either been afforded the opportunity to be
separately advised or have been separately advised by their respective attorneys that there may be
certain tax consequences pertaining to this Agreement, that neither attorney has furnished tax
17
(Page 18 of 27)
BK013445PGO.2267
advice with respect to this Agreement, that each party has been directed and advised to obtain
independent tax advice from qualified tax accountants or tax counsel prior to signing this
Agreement and that they have had an opportuni ty to do so.
ARTICLE 9
GENERAL PROVISIONS
1. SubseSjuent Divorce; No Incorporation; CopDdentiality. Nothing herein contained
shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce
against the other based on ground of separation as provided by law; however, the rights and
obligations hereunder shall survive any such divorce, regardless of who obtains or petitions for
said divorce. The parties further agree that this Agreement will not be incorporated, by reference
or otherwise, in any final judgment of divorce. The panies do agree that this Agreement and the
terms hereof can be made generally known to the Public, and that this Agreement can be recorded
in the Public Registry of Wake County or in the Public Registry of any other County in this State.
At the request of either party, a Memorandum of this Agreement containing the provisions
necessary to allow either party to convey title to real property shall be signed by the other party.
2. Waiver of Claims. Each party waives and releases to the other any claims which he/she
has or may have against any other person under the law of this State or any other State for
alienation of affections , criminal conversation, or any other type of action which may be allowed
as a result of any relationship between the other spouse and any third person. It is, therefore,
specifically understood and agreed that any third person, against whom such legal action is
brought by either Husband or Wife, may plead this provision, as a third pany beneficiary, in bar
of any such claim. The foregoing release and waiver is acknowledged by each pany to be a
substantial pan of the consideration furnished by each party to the other for this Agreement.
3, Construction. This Agreement is not an agreement between the parties to obtain a
divorce. The same is an agreement settling their property and marital rights.
4, Addltlogallgstrumegts. Each of the parties shall from time to time, at the request of the
other, execute, acknowledge, and deliver to the other party, any further instrument that may be
reasonably required to give full force and effect to the provisions of this Agreement.
5, Amendment. This Agreement can be altered and amended only by funher written
agreement duly executed by the parties. No provision of this Agreement shall be changed or
modified, nor shall ihis Agreement be discharged or terminated in whole or pan, except by a
subsequent written instrument executed in accordance with N.c'O.S. Section 5210.1. Any
failure by either pany to specifically perform or enforce performance exactly according to the
letter of this Agreement shall not constitute an alteration of the same by way of enlargement,
waiver, reduction, estoppel, or otherwise, unless confirmed in writing by the panies, It is
understood that the part ies may, by mutual agreement , make temporary modifications from time
18
(Page 19 of 27)
BK013445PG02268
. .
to time as conditions require. but this Agreement shall nonetheless be binding upon the parties as
written, except i n the event of a material breach.
6. S!l!!i. This agreement shall be construed and governed in accordance with the laws of the
7. Address of the Parties. For so long as the parties have a financial obligation to support
the parties minor children. each party shall at all times keep the other infonned of his or her place
of residence. and shall promptl y not ify the other of any change. giving the address of the new
place of residence. Both parties agree to not re located more than fifty (50) miles from the City
Limi ts of Raleigh without the written consent of the other party, so long as one or more of the
minor children are under the age of eighteen (\8).
8. Binding Effect. Except as otherwise stated herein. ail the provision of this Agreement
shall be binding upon the respeClive heirs. estates. of kin. admini strators, and
assigns of the parties.
9. Entire Allreement. This Agreement cootains the entire understanding of the parties and
there are no representations, warranties, covenants or undertakings other than those expressly set
forth herein. This Agreement settles all claims between the parties. including but not limited to.
both parties claims for equitable dist ribution of marital and divisible property. alimony. post
separation support. rights to claim against the estate of the other and attorneys fees. Except as
provided in this Agreement, both parties waive ali claims against the other from the beginning of
their marriage up to the execution of this Agreement, specifically including but not limited to,
those causes of act ions set forth above. It is the intent of the parties that all rights which they have
against the one another as a result of their marital relationship or otherwi se, are waived except as
set forth in this Agreement.
10. Voluntary Execution. Each of the parties acknowledge that they have read thi s
Agreement and understand its contents and provisiOriS; thaI il is a fait alid reasoiiable agreemMt t6
each of them. having due regard to the conditions and circumstances of the parties hereto on the
date hereof; that each has signed and executed the Agreement freely and voluntarily and without
fear, compulsion. duress. coercion, persuasion or undue influence exercised by either party upon
the other or by other person or persons upon either. Both part ies agree that they are not acting in a
fiduciary relationship to one another. Wife has been represented by Timothy G. Fowler, attorney
At Law, in then preparation and negotiation of this Agreement who exclusively represents Wife
and her interests. Husband has been afforded the opportunity to consult with legal counsel. yet,
has decided to proceed Pro Se in the preparation and negotiation of this Agreement. Each party
understands that the agreements and obligations are in full satisfaction of ail rights which each of
them now has or might have hereafter or otherwise have in the property or estate of the other and
in full satisfaction of all obligations which each of them now has or might have hereafter or
otherwise have towards the other.
11. Specific Performance. EIther party shat! have the right to compel the perfonnance of the
provisions of this Agreement by suing for specific perfonnance in the courts where jurisdiction of
19
(Page 20 of 27)

the panies and subject matter exists. Both panies acknowledge that neither pany has a plain,
speedy or adequate legal remedy to compel compliance with the provisions of this Agreement,
that neither pany shall be required to repeatedly file suit for any breach of this Agreement, that
this Agreement is fair and equitable to both panies and that an order of specific performance
enforceable by contempt is an appropriate remedy for a breach by either pany. If a pany breaches
a material provision of this Agreement, such breaching pany shall be liable to reimburse the non
breaching pany for any and all reasonable attorney's fees incurred by him or her in enforcing this
Agreement.
12. hlvl\lidity of any ProvisiQn. That various terms and provisions of this Agreement are not
integrated. A subsequent determination that any of the provisions of this Agreement are invalid
or unenforceable shall have no effect on the validity or enforce ability of the other provisions,
such other provisions to continue in full force and effect.
13. Effecl of Bankruptcy. If the Husband or Wife shall seek 10 discharge in bankruptcy
from claims of creditors on debts he or she has assumed and has indemnified and held the other
harmless as pan of the propeny settlement, the Husband or Wife shall notify the other within five
(5) days of filing bankruptcy, and Husband or Wife shall be allowed to bring an action in
bankruptcy coun seeking a finding thai the debts are non discharge able under the scope of
Bankruplcy Code Section 523(a)(15).
14. Disclosure and Inducement. Each pany warrants to the other that he or she has made a
full and complete disclosure as to his or her financial stalUS. Each has informed the other as to all
assets . real or personal, tangible or intangible, in which each pany has an interest, legal or
equitable. FURTHER, EACH HAS MADE DISCLOSURE AS TO THE REASONABLE
WORTH OR MARKET VALUE OF SUCH ASSETS. These assets include interest in pension,
profit sharing and lor retirement benefits: all real estate: all business interests; all life insurance;
all medical casualty, disability or other insurance coverage; all cash or other deposit accounts; all
stocks. bonds andlor mutual funds; all tangible personal property. including household
furnishings, appliances, objects d'art. automobiles, boats, jewelry, equipment and the like.
Funher, each has made a full and complete disclosure as 10 all income or olher funds received by
each from any source whalsoever. The disclosures made by each are recognized as being material
and are made to induce the other to execute this Agreement. In the event of a later determination
of any material misrepresentation or omission with respect to the financial condition as outlined
above. then such material misrepresentation or omission may be the basis for a determination that
this Agreement is null and void.
15. Additional Remedies upon Failure to Disclose. If and in the event either Husband Or
Wife has failed to voluntarily disclose to Ihe other the exiSlence of any substantial marital
property subjecllo equitable distribution or division under the laws of the Slate of North Carolina
or any other jurisdiction, the party whose rights have been prejudiced thereby, in addition to other
remedies provided by law and equity, shall be entitled to make application to the Coun for an
equitable distribution as provided for under the laws of the State of Nonh Carolina or any other
jurisdiction or sue the other pany for damages under this Agreement in an amount at least equal to
his or her marital interest in the undisclosed propeny and shall also be entitled 10 recover his or
20
(Page 21 of 27)
BK013445PG02270

her reasonabl e attorney's fees.
l6. Counsel Fees Upon Breach. In the event it becomes necessary to institute lesal action to
enforce compliance with the terms of this Agreement or by reason of breach by either party of this
Agreement, then the parties agree that at the conclusion of such legal proceeding, the losing party
shall be solely responsible for all legal fees and costs incurred oy the other party, such fees and
costs to be taxed by the court. The amount so awarded shall he in the sole discretion of the
presiding judge and the award shall he made without regard to the financial aoility of either party
to pay, but rather shall be based upon the fees and expenses determined by the court to he
reasonable and incurred by the prevaili ng party. It is the intent of this paragraph to induce both
Husband and Wife to comply full y with the terms of this Agreement to the end that no litigation
as bet ween these parties in necessary in the areas dealt with by thi s Agreement. In the event of
litigation, it is the further inlen! to sp<:cificall y provi de that the losing puny pays all reasonable
fees and costs that either side may incur.
17. Interpretation. If any provision of this Agreement is held to be invalid or unenforceable, all
other provi si ons shall continue nevertheless in full force and effect. It is the intention of the parties
that each provision of this Agreement is separate and independent from each other provision
contained herein.
18, EII .. t of Captions and Titles. The title or captions given to the Articles and Sections of this
Agreement have been utilized solely for the purpose of convenience and in no event shall such title
or caption be deemed pan of this Agreement or interpretive of any of it's language and intent.
\9. Word Definition. For all purposes of this Agreement, the singularshall be deemed to include
the plural and the plural shall be deemed to include the singular wherever appropriate to the context.
The words "hereby." "herein," "herein under," and similar words shall always he deemed to refer to
this Agreement in its eiitirety and not merely to the section or pan thereof in which any such word
appears.
IN WITNESS WHEREOF , the parties hereto have hereunto set their hands and seals to
this Agreement, all on the day and year first above written.
This the Jr:. day of Ft'o(\,\I1\(1 , 2009.
--")f,=-:'qt-'1l---'kJ'-'-mJJJI ......... __ (SEAL)
Husband
This the I \t1 day o m 0 ~ ~
(Page 22 of 27)
BK013445PG02271

Wife
STATE OF NORTH CAROUNA
COUNTY OF WAKE.
I, 2. , a Notary Public of the county and state aforesaid,
cenify that l,,;,,;;' \N. personally appeared before me thi s day and
acknowledged the ';xecution of the foregoing instrument, and (I have personal knowledge of the
identity of the principle(s I have seen satisfactory evidence of the principle's identi ty, by a
cUlTen\state or federal identification with the principle' s photograph in the form of a
)
Witness my han\! and official seal this the ..u...::\h=+, day of f .. y........ ,2009.
U
NOTARY
WAKE COUNTY.
. _
Commission expires:
":OJ'. l.o>l1-
COUNTY OF WAKE.
&0.1" '\2. Sleai\\,\cn
Notary's Printed or typed name
I, GA'" O. 'Sw,\'> ,a Notary Public of the county and state aforesaid,
cenify that r\ . W\;"'\..,,\\ personally appeared before
me this day and acknowledged the execution of the foregoing instrument. (I have persona
knowledge of the identity of the principle(s) , 1 have seen satisfactory evidence of the principle' s
identity,by a current state or federal identification with the principle's photograph in the form of a
NC.Q\... ).
W""" m, MO" , .. o,",i, ' ,"" .. , t 1'>-... , of .., , '""
a... 0--
. -'
-- - 0"
NOT .....RY
COlJrftY
.. . . -.. -
_ .') ,,. , _ _ !:.!-'-..
l'tl \ ""fif">
"3\pl"2,.
NOtiry's Signature
'0,
Notary's Printed or Typed Name
22
(Page 23 of 27)
BK013445PG02272

My Commission expires:
Personal Property;
Lesley Cordelia Hyers Mitchell:
>2001 Volkswagen Pasaat
>Red Sofa
>Coffee Table
>Work Computer
>Work Desk and tile cabinet
>Entertainment Center (Playroom)
> TV (Playroom)
>Queen Sized bed and all bedding
>One bed for each chi ld
>One half of all linens, towels
Schedule A:
>One half of all dishes, utensils, kitchen appliances and pots and pans
>Work Desk lamp
>Wicker shelf (Dining Room)
>Wicker Chest (Dining Room)
>AIi ~ r s o n l items and personal clothing
>3/4 (75%)of all children's Clothing
>AII children's Toys
>One half Christmas ornaments
>Hope Chest
>Hedge trimmers, Hammer, Screw Driver, plyers
23
(Page 24 of 27)
BK01344SPG02273
.- ..
Personal Property:
Larry WaYDe Mitchell:
>2008 Chevrolet Silverado Truck
> 2001 SI-18 Skeeter Baal
Schedule B:
> 401 K accounl with Aecom, accounl No: 756, in Ihe approximate amount 0($51,688
>Citibank Global MKTS Inc., IRA , accounl No: 9703, in an approxi mate amount of$21,066.61.
>Tools
> 16 foot Coleman canoe
>8 foot utility trailer
>Refrigeralor
>Oven
>Microwave
>Washer
>Dryer
> Lawn mowers
24
(Page 25 of 27)
BK013445PG02274
Debt:
Lesley Cordelia Hyers Mitchell:
>Citi bank Credit card
>Wachovia Overdraft
>Discover Credit Card
Schedule C:
25
$ 11 ,200.
$ 2,300.
$ 4,500.
(Page 26 of 27)
BK013445PG02275
. ."
Debt:
Larry Wayne Mitchell :
> Truck Loan
::> Boat Loan
>Secu Vi sa Card
Schedule D:
26
$ 27,500.
$ 6.000.
$ 5,000.
(Page 27 of 27)
BK0 1344!PG 02276
WAKE
COUNTY
'OO'"'''''ot,,,,
BOOK:813445 PAGE:822S8 - 82216
Yellow probate sheet Is a vital part of your recorded document.
Please retaJn with original document and submit [or rerecording.
Laura M. Riddick
Register of Deeds
_____ 11 of Ti me Stamp5 Needed
Wake County
THOMPKINS
(Page 1 of 20)
BK013387PG00599
Return to: Elizabeth W. Newman
80.228
Prepared by: Elizabeth W. Newman
Newman & Newman. PLLC
304 East Jones Street
Raleigh, NC 27601
WAKE COUHTV, HC 2?S
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED g REe6RDED OH
82/12/2889 AT 14:48:48
800K:81338? PAGE:eeS99 - e0618
CONTRACT OF SEPARA nON AND PROPERTY
SETTLEMENT AGREEMENT
[the rest oflhis page intentionally left blank)
(Page 2 of 20)
BKD13387PGDD6DD
'.
. ~ .. .
NORTH CAROLINA
WAKE COUNTY
AND
THIS CONTRACT OF SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
(hereinaft'!r referred co as the "Agreement II ) made and executed this
~ day of ~ 2008, by and between ROBIN E. THOMPKINS,
a citizen and ~ ~ . of Wake County, North Carolina, hereinafter
referred to as the ;life, and THOMAS EUGENE THOMPKINS, a citizen and
resident of Wake County, North Carolina, hereinafter referred to as
the Husband, {"Husband" and "Wife II collectively are also sometimes
referred to hereinafter as the II parties" ) i
wIT N E SSE T H:
WHEREAS, the parties hereto 'were married on or about the 19th
day of June, 2004;
WHEREAS, there were no children born of t he marriage;
WHEREAS, as a result of certain irreconci l able differences and
disagreements , Husband and Wife separated on or about the llth day
of April, 2 008, a nd have l ived continuously separate and apart
since that dat e;
WHEREAS, each of the parties is more than eighteen years of
age, and they desire to confirm their separation and to make
agreements in connection therewith including the settlement and
adjustment of their property right s and a l l other rights,
responsibilities and obligations growing out of their marital
(Page 3 of 20)
BK013387PG 00601

'.
relationship under the present and future laws of North Carolina;
and
Further, said separat ion i s not for mere volition nor caprice,
nor by reason of a reckless disregard of marital obligations, but
rather is based upon a decision made after mature thought and
deliberation by each of the parties; and
WHEREAS, each party, after mature consideration and judgment.
enters into this Separation Agreement and fully understands the
terms, condition and provisions hereof, and deems such terms to be
fair , just and reasonable; and
WHEREAS , each party warrants, as a part of the consideracion
for this Agreement, that each has f ully and completely di sclosed
all information of a financial nature requested by the other, and
that no information of such nature has been subjected to distortion
or has in any way been misrepresented;
NOW THEREFORE, in consideration of the premises, the mutual
promises and the undertakings herein contained, and for other good
and valuable consideration, the receipt of which is hereby
acknowledged, each party stipulates, agrees and covenants with the
other as follows:
1. General.
ARTICLE I
SEPARATION
From and after the date of this Agreement,
Husband and Wife shall and will continue to live separate and
apart , each from the other.
2. Interference. Husband and wife each shall be free from
2
(Page 4 of 20)
BK013387PG00602
interference, authority and control , direct and indirect, by the
other. Neither shal l molest the other, nor harass the ather, nor
compel or endeavor to compel the ather to cohabit or dwell with him
or her.
3. Residence. Husband and Wife may reside at such place or
places as each of them may deem fit or as each of them may desire.
4. Visitation. Neither Husband nor Wife shall call upon or
visit the other except by express invitation by one accepted by the
ather.
5. Employment. Each of the parties may for his or her
separate benefit engage in any empl oyment, business or profession
he or she may choose.
6. Right to Contract. Both Husband and Wife shall have the
right to contract and to be contracted with independently of the
other.
ARTICLE II
PROPERTY SETTLEMENT
7. Mutual Release. Subj ect to the rights and privileges
provided for in this Agreement and in any deed or other instrument
executed contemporaneously herewith, each party does hereby rel ease
and discharge the other of and from all causes of action, claims,
rights or demands whatsoever, at law or in equity, which either of
the parties ever had or now has against the other, known or
unknown, by reason of any matt er, cause or thing up to the date of
the execut ion of this Agreement, including any actions for
alienation of affection, criminal conversation, alimony, post
3
(Page 5 of 20)
BK013387PG00603
.'
separation support or any claim under the Equitable Distribution
Act. except the cause of action for divorce based upon the
separation of the parties. It is the intention of the parties that
henceforth there shall be only such rights and obligations as are
specifically provided for in the Agreement, the right of action for
divorce and such rights and obligations as are specifically
provided for in any other deed or other instrument executed
contemporaneously herewith.
8. Marital Property. Pursuant to North Carol ina General
Statutes (hereinafter "N.C.G.S. ") Section 50-20 (d), the parties
have agreed and provided for a settlement and distribution of all
of their marital property, as the term "marital property" is
defined in Section 50-20 (b) (1), and have further agreed and
provided for a settlement of all other property rights, whether
arising under any Ilrovisions of the laws of the State of North
Carolina or arising under any prOVisions of the laws of any other
jurisdiction.
9. Personal Property.
(a) Automobiles. The Husband shall be entitled to exclusive
ownership of the 2006 Chevy pickup truck, subject to any present
indebtedness owed on said vehicle which he shall satisfy in
accordance with the provisions of the loan instrument (s) . The
Hu sband shall hereafter be solely responsible for al l expenses
relating to the operation, maintenance, insuring and ownership of
the vehicle and shal l indemnify and hold Wife harmless with respect
to any act i ons or claims that may arise as a result of his
4
(Page 6 of 20)
BK013387PG00604
operation of the vehicle.
The Wi fe shall be entitled to exclusive ownership of the 2007
Hundai Elantra, subject to any present indebtedness owed on said
vehicle which she shal l satisfy in accordance wi th the provisions
of the loan instrument (s) . The Wife shal l hereafter be solely
responsible for all expenses relating to the operation,
maintenance , insuring and ownership of the vehicle and shall
indemnify and hold Husband harmless with respect to any actions or
claims that may arise as a result of her operation of the vehicle.
(b) Household Furnishincs and Other Personal Property.
Except as otherwise provided in this Agreement, all i terns of
h o ~ e e h o l furnishings, appliances and other personal property have
been previously divided in a responsible and equitable manner to
the extent that all of the furnishings and personalty in the
possession of the Nife shall be the sole and separate property of
the Wife and all of the household furnishings and personalty in the
possession of the Husband shall be the sole and separate property
of the Husband .
Husband hereby conveys to Wife all of his r i ght, t i tle and
interest in and to all items of clothing, personal jewelry and
articles of personal use and adornment belonging to the Wife. Wife
hereby conveys to Husband all of her right, title and interest in
and to all i tems of c l othing , personal jewelry and articles of
personal use and adornment belonging to the Husband.
(c) Pension/Retirement/Stock Plans. Husband hereby waives
and releases a l l of his right , title and interest in and to any
5
(Page 7 of 20)
BK013387PG00605
benefits accrued, and future benefits whenever payabl e,
attributable to Wife's participation in any retirement, pension,
welfare, stock option or other employee benefit plan or similar
arrangement.
"life hereby waives and releases all of her right, title and
interest in and to any benefit e accrued and future benefits
whenev er payable, attributable to Husband's participation in any
retirement, pension, welfare, stock option or other employee
benefit plan or similar arrangements.
(e ) Bank Accounts. Each party shall have sale ownershi p of
the bank account(s) in hi s or her separate name.
10. Real Property. The parties currently own the followin9
r ea l property:
A. A house and lot in Husband 's sale name located at
10056 e n n e b e ~ Road, Willow Springs, North Carolina, which was
purchased by Husband prior to the parties' marriage. Wi fe waives
any and al l i nterest as she may have in said house and lot. The
house and lot shall be the s ol e a nd separate property of the
Husband. Husband shall henceforth be solel y responsible for and
pay all expenses whatsoever associated with the ownership of said
house and lot , including, but not limited to, the mortgage
payments, ut i li ties payments , maintenance and ad valorem taxes.
B. A house and l ot owned by the parties as tenants by
the e ntireties and located at 1513 Essexwood Drive, Fuquay- Var i na,
Nort.h Carolina (here i nafter referred to as lithe residence!! ) . The
residence has been li s ted with a realtor for sale for $199,900. The
6
(Page 8 of 20)
BK013387PG00606
parties may accept any offer if both are agreeabie. Husband is to
remain in the residence until it i s sold and shall be solel y
respons i ble for and pay a l l expenses whatsoever associated with the
ownership of the residence, including, but not limited to, the
mortgage payments, uti l ities payments, maint enance and ad valorem
taxes. Upon sale of the residence, after t he expenses of sale
(which s hall include t he cost of sales commissions, revenue stamps
and other routine closi ng costs ) and the balance owing on the
mortgage(s) are paid, the net balance, constituting the "net sales
proceeds" shall be divided equally between the parties. This
Agreement shall constitute specific authority for the closing agent
upon the sale of the residence as hereinabove set forth to
distri bute the net sales proceeds as specified herei n .
11. Debts. All joint household and family indebtedness
inourred pri or to the execution of this agreement has been
disclosed by each party to the other. The parties further agree
that except as othendse set forth herein, each party shall be
responsible for and pay the debts in his or her sole and separate
name.
Each party fur ther agrees that the Husband and Wife shall
promptly pay all debts a nd discharge all financial obligations
assumed pursuant to t hi s agreement and shall thereafter hold the
other free a nd harmless and indemnify the other from any and all
such debts, obl igations or liabilities.
Neither party shall hereafter c harge or permit to be charged
to or agai ns t the other a ny purchase which either of them may
7
(Page 9 of 20)
BK013387PG00607
hereafter make, nor create any obligations in the name of or
against the other, nor secure or attempt to secure any credit upon
or in connection with the other . or in his or her name. Each party
shall promptly pay all debts and discharge all financial
obligations which he or she may incur for himself or herself , and
shall indemnify the other against any and all debts and all other
obligations which he or she may incur for himself or herself.
l 2. Waiver of Rights to Equitable Distribution. Husband and
Wife expressly acknowledge and agree, pursuant to N.C.G.S. Section
50-20 (d) , that the division a nd distribution of marital property
set forth herein is just, fair and reasonable and this Agreement is
deemed by the parties to be equitable and shall be binding on the
parties . Each party expressly wai ves any and all other rights,
whether now in ex.istence or acquired hereafter, to claim an
equitable dist ribution under the laws of this or any other stated
and agrees that this provision and this Agreement may be pleaded in
bar of any such claim for reli ef in any suit fil ed hereafter.
13. Mutual Release of Property Rights. Husband and Wife
grant, release, and forever quitclaim each to the other, all
right, t i tle, interest, claim and demand whatsoever in the real
estate of which ei ther is now seized or may hereafter become
seized . Each of said parties may from this date and at all times
hereafter purchase, acquire, own, hold, possess, encumber, dispose
of and convey any and all classes and kinds of property as though
unmarried and free from the consent, joinder and interference of
the other party. It is the understandins and asreement on the part
8
(Page 10 of 20)
BKD13387PGDD6D8
or each of the parties hereto that in the sale, transfer and
conveyance of any property hereafter it s hall not be necessary in
order for the grantee "0 have a good title that the other party
hereto shall sign and execute to the grantee the deed
J
conveyance,
deed of trust, mortgage or bill of sale conveying or selling the
property. Further j i t is the agreement and covenant of the parties
hereto that in this respect each of the parties hereto has released
and discharged and by these presents each does hereby now forever
release a nd d isc harge the property of the other from all claims,
i nterest and estate on his or her part, and that each shall be i n
the same pos ition as if such party were single and unmarried.
14, Sale of Property, In the event of a sale, transfer Or
conveyance of any real or personal property now owned or hereafter
acquired by e i ther parties, notwithstanding the mutua l releases
eOntained in this Agreement, it either party to this Agreement is
called upon to execute a deed, conveyance, bill of sale or other
instrument conveying said property , then the party cal l ed upon will
sign any such instrument which may be reasonabiy required Or
reasonably necessary to perfect title in the grantee of the
property which is sought to be conveyed.
l5. Waivers of Claims Against Estate. Except as otherwise
expressly provided for in this Agreement and except that this
provision shall not apply to any Social Security benefits the
parties may have by reason of their marriage to each other, Husband
does hereby waive, release , discharge, quitcl aim and renounce unto
Wife and her heirs and assigns, and Wife does hereby waive,
9
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BK013387PG00609
release, discharge, quitclaim and renounce unto Husband and his
heirs and assigns:
(a ) All and every right to a s hare in the estate of the other
party upon said party's death as provided in N. C.G.S . Sect ion <9-
14, or otherwise, now and hereaf t er by law provided;
(b ) All and every right to elect to take a life estate in
real estate upon the death of the other party in lieu of the share
provided in N.C.G.S. Section 29-3 0 , or otherwise, now and hereafter
by law provi ded:
(c) All and every right to a year's allowance upon the death
of the other party as provided by N.C.G. S. Section 30-15, or
otherwise, now and hereafter by law provided;
(d ) All and every right to dissent as provided by N.C.G. S.
Section 30-1, or otherwise , now and hereafter by law providedi
(e ) All and every right to administer upon the estate of the
other party as provided by N.C.G.S. Section 28-6 , or otherwise, now
and hereafter by law provided; and
(f ) All other rights or interests in property, both real and
personal, which t hey now have and may hereafter acquire arising out
of or accruing to them by reason of the death of the other party.
16. Waivers of Rights . Claims or Benefits under the Will of
the Other. Husband and Wi f e expressly waive any r i ght, claim or
benefi t (including an appointment as personal representative. a
bequest or devi se) under any existing will of t he other. Husband
and ~ i f e further agree upon the death of the other to execute such
other and further documents, including documents of renunciation as
10
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BKD13387PGDD61D
may be reasonably required, to give full force and effect to this
Agreement .
17. Effect of Reconcil i ation of Property Settlement. In the
event of reconciliation and resumption of the marital relationship
between the parties, the provisions of this Agreement for
settlement of property rights shall nevertheless continue in full
force and effect wi thout abatement of any term or provision hereof,
except as otherwise provided by written agreement duly executed by
each of t he parties after t he date of the reconci l iation.
18. Transfers of Property Incident to Divorce. The parties
hereto agree:
(a) that the transte. of property is to the
divorce;
(b) that the transfer of property hereunder is a transfer
incident to divorce and is related to the cessation of the
marriage; and
(c) that the intent and purpose of this Agreement is for the
transfer of property hereunder to be tax-free pursuant to Section
1041 of the Internal Revenue Service Code and for no gain or loss
to be recognized by either party as a result of such transfer.
ARTICLE III
WAIVER Of POST-SEPARATION SUPPORT AND ALIMONY
19. Waiver of Alimony. Each party hereby waives all claims
and demands against the other for support, maintenance, post-
separation support, permanent alimony and any other type or form of
alimony or support and maintenance, including allowances for
11
(Page 13 of 20)
BK013387PG00611
attorney's fees and suit money which either party now has or may
hereafter have or may in any way be or become entitled co by reason
of their marriage to one another, i t be ing understood t hat this
sectlement is a total and complece release of each party by the
other of all such matters and charges whatsoever and that thi s
waiver and release shall be deemed fully executed upon the
ARTICLE IV
INCOME TAXES
20. Tax Returns. The parties acknowledge that hereafter they
will file separate federal and stace income tax returns.
21 . Deficienci es and Refunds. In the event of any assessment
of a deficiency in any income tax on account of any year for which
a joi nt return is or has been filed, the party actually receiving
the same income with respect to which the deficiency is asserted
will pay the deficiency. together with the penalties and i nterest
if any on such assessment. and will indemnify and hold the other
party harmless from any and all liability or expense with respect
thereto.
ARTICLE V
GENERAL PROVISIONS
22. Subsequent Divorce. Nothing herein contained s hall be
deemed to prevent either of the parties from maintaining a suit for
absol ute divorce against the other based on the ground of one-
year's separation as provided by law. This Agreement is
unconditional and shall survive any s ubsequent divorce decree
12
(Page 14 of 20)
BK013387PG00612
obtained by either party I and no such decree shall terminate,
modify or otherwise affect the rights and obligations provided for
herein. This Agreement shall not be incorporated either verbatim
or by reference in any decree of absolute divorce subsequently
entered between the parties.
23. Construction. This Agreement is not an agreement between
the parties to obtain a divorce. Thi s is an agreement settling
property and marital rights of the parties hereto.
24. Additional Instruments. Each of the parties shall, from
time to time, at the request of the other, execute, acknowledge and
deliver to the other party any further instrument that may be
reasonably required to give full force and effect to the provisions
of the Agreement.
25. Amendment. This Agreement can be altered and amended
only by further written agreement duly executed by the parties.
Any failure by either party to specifically perform or to enforce
performance exactly according t o the letter of this Agreement shall
not const i tute an alteration of the same by way of enlargement,
wai ver, reduction, estoppel or otherwise, unless confirmed in
writing by the parties. It is understood that the parties may, by
mutual agreement, make temporary modifications from time to time as
conditions require, but this Agreement shall nonetheless be binding
upon the parties as written, except in the event of a material
breach.
26. Situs. This Agreement s hall be construed and governed in
accordance with the laws of the state of North Carolina.
13
(Page 15 of 20)
BK013387PG00613
27. Addresses of the Parties. Each party shall at all times
prior to the entry of a judgment of absolute divorce keep the other
informed of his or her place of residence and shall promptly notify
the other of any change, giving t he address of the new place of
residence.
28. Binding Ef fect. Except as otherwise stated herein, all
the provisions of this Agreement shall be binding upon the parties'
respective heirs, estates , next of kin , executors, administrators
and assigns.
29. Entire Agreement. This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenanCs or undertakings oche. chan those exp.essly
set forth herein.
30. Volunt ary Act. Each of the parties acknowledged that
they have read this Agreement and understand it s contents and
provisions; that it is a fair and reasonabl e Agreement to each of
them, having due regard to t he conditions and circumstances of the
parties heret o on the date hereof; that each has signed and
executed the Agreement freely and voluntar i ly and without fear,
c ompUl sion, duress, coercion, persuasion or undue influence
exercised by either party upon the other or by any other person or
persons upon either.
31. Reoresentation by Counsel. Husband and Wife have
executed t hi s Agreement freely and voluntarily, with the advice of
counsel of his or her own choosing or wi t h the knowledge that
counsel shou_d be sou9ht a nd without any persuasion by any other
14
(Page 16 of 20)
BK013387PG00614
person.
32. Soecific Performance. Either party shall have the right
to compel the performance of the provisions of this Agreement by
suing f or specific performance in the courts where jurisdiction o f
the parties and subject matter exists. Both parties acknowledge
that neither party has a speedy or adequate legal remedy to compel
compliance with the provisions of thi s Agreement; that neither
party shall be required to repeatedly file suit for any breach of
this Agreement; that this Agreement is fair and equi table to both
parties a nd than an order of specific performance enforceable by
contempt is an appropriate remedy for a breach by either party .
33. Disclo5ure and Inducement. ~ c h party warrants to the
other that he or she has made a f ull and complete disclosure as to
his or her financial status. Each has informed the other as to all
assets. real or personal . tangible or intangible, in which each
party has any interest. legal or equitable. These assets i nclude
interests in pension, prof it shari ng and/or ret irement benefits;
all real estate; all business interests; all life insurance ; all
medical, casualty, disabi lity or other insurance coverage; all cash
or other deposit accounts ; a ll stocks, bonds and/or mutual funds;
all tangible personal property, including household furnishings.
appl iances , art objects , automobiles, boats, jewelry, equipment and
the like. Further, each has made a full and complete disclosure as
to all income or other funds received by each from any source
whatsoever. The disclosures made by each are recognized as being
material and are made to induce t he other to execute t hi s
15
(Page 17 of 20)
BK013387PG00615
Agreement. In the event of a later determination of any material
misrepresentation or omission with respect to the fi nancial
conditi ons as outlined above, then such material misrepresentation
or omission may be the basis for a determination that this
Agreement is null and void.
34. Additional Remedies upon Failure to Discl ose. If and in
che event either Husband or Wife has failed to voluncarily disclose
co che other the existence of any marital property subject to
equitable distribution or division under the laws of the state of
North Carolina or any ot her jurisdiction. che party whose rights
have been prejudiced thereby, in addition to other remedies
provided by law and equity, shall be n t i t l ~ to make application
to the court for an equitable distribut ion as provided for under
the laws o f the state of Nor th Caroli na or any other jurisdiction
or sue the other party for damages under this Agreement in an
amount a t least equal to his or her marital int erest in the
undisclosed property and shall also be enti t led to recover his or
her reasonable attorney' s fees.
35. Life Insurance. The parties agree that they shall each
be e ntitl ed to sole ownership of any life i nsurance policies on
their respect ive lives ,
36. Health Insurance. The parcies agree that they shall each
be responsibl e for their on health insurance and the costs
associated therewith.
37. Counsel Fees Upon Breach . In t he event it becomes
necessary to inst i tute l egal action to enforce compliance '.-tit h the
16
(Page 18 of 20)
BK013387PG00616
.", ."
terms of this Agreement or by reason of the breach by either party
of this Agreement, then the parties agree that at the conclusion of
such legal proceeding, the losing party shall be solely responsible
for all legal fees and costs incurred by the other party, such fees
and costs to be taxed by the court. The amount so awarded shall be
in the sole discretion of the presiding judge and that award shall
be made without regard to the financial ability of either party to
pay. Such award shall be based upon the fees and expenses
determined by the court to be reasonably incurred by the prevailing
party . It is the intent of this paragraph to induce both Husband
and Wife to comply with the terms of this Agreement to the end that
no litigation between these parties is necessary in the areas dealt
with by this Agreement.
(The balanee of ehis page has been intentionally left blank.)
17
(Page 19 of 20)
BK013387PG00617
' ..
. ','
' ..
IN WITNESS ,/HEREOF, the
and seals to this Agreement ,
NORTH CAROLINA
parties have hereunto set their hands
this the day of . 2008.
(SEAL)
06INf: , THOMi'Klli
74=--
THOMAS EUGENE HOMPKINS
I, a Not ary Public i n t he County and State aforesai d, do
hereby certify tha t ROBIN E. THOMPKINS personall y appeared before
me this day and acknowledged the execution of the
instrument. Witness my hand a nd notar i al seal, t his day of
.. :')...
mCkY , 2008. . .": __
, I l .< P' P B. WIT,
My Commission Expires Hlf,CL" '.'

NORTH CAROLINA
IAA
Pr int Notary Name,
* * *
7. PUBLI C
",.

I I a Notary Public i n t he Count y and State aforesaid, do
hereby certify that THOMAS EUGENE THOMPKINS personally appeared
before me t his day and ac knowl edged the execution of
inst rument. Wi tness my hand and notarial seal, this tlay of
YVi a"l ' 2008. . . '
-
My CO:iSSion Expi res oz/arffl,. - ."
. Q NOTARY
Prlnt Notary Name: = *_
-\ PUBUC r;;
(i
.. '"1.t; "'.

18
(Page 20 of 20)
BK01 3387PG 00618
WAKE
COUNTY
BOOK,G133S? PAGE,eeS99 - eeS1B
YeUow probate sheet Is a vital part of yoor recorded document
Laura M. Riddick
Register of Deeds
This Customer Group This Doc:ument
_____ II of Time Stamps Needed
_ ~ e H __ NeWTime Stamp
---,t;;;t:,o.c-,,_,-__ # of Pages J
Raleigh
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Phone: (919) 787-6668
Charlotte
301 McCullough Drive, Suite 510
Charlotte, North Carolina 28262
Phone: (704) 307-4600
Durham
5826 Fayetteville Road, Suite 205
Durham, North Carolina 27713
Phone: (919) 321-0780
www.rosen.com | firminfo@rosen.com

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Real separation agreements from

Prepared by Martha McKee

executed by each party hereto;

no later than the 1

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