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BK10258 PG1329 SENT~PONONEWA~RYAfDC Flied In The District Court
DISP ffriTleS A-l- 0 Travis County Texas DlSP CODE- fLS_~---_ REDAC QtZ = ~auseNoIJ1-FM-I0003126 lM SE~~2010 JUDGE CLERK NM At e M
Amalia Rodriguez-ndoD Clerk IN THE MATTER OF sect IN THE DISTRICT COURT THE MARRIAGE OF sect
sect OF TRAVIS COUNTY TEXAS DONALD KIRK sect AND sect NANCY KIRK sect S3RD JUDICIAL DISTRICT
AGREED FINAL DECREE OF DIVORCE
On this date the Court heard this case
Appearances
Petitioner Donald Kirk appeared in person and announced that the parties have reached an agreement Respondent Nancy Kirk has made a general appearance and did not personally appear Donald Kirk and Nancy Kirk have agreed to the temlS of this judgment to the extent permitted by law as evidenced by their signatures and the signatures of their attorneys appearing below
Waivers
The making of a record of testimony was waived by the parties with the consent of the Court A jury was waived and questions of fact and of law were submitted to the Court
Jurisdiction and Domicile
The Court finds that the pleadings of the Petitioner are in due form and contain all the allegations information and prerequisites required by law The Court after receiving evidence finds that it has jurisdiction over this case and over all the parties and that at least sixty days have elapsed since the date the suit was filed The Court finds that at the time this suit was filed Petitioner had been a domiciliary of Texas for the preceding six months and a resident of Travis County Texas for the preceding ninety days All persons entitled to citation were properly cited or have voluntarily appeared
Agreement ofthe Parties
The Court finds that the parties have entered into a written agreement as contained in this decree by virtue of having approved this decree as to both fonn and substance To the extent permitted by law the parties stipulate the agreement is enforceable as a contract The Court approves the agreement of the parties as contained in this Final Decree of Divorce
IMMOKil1c 1111021 AgllIl1d Firml Decne ojDivurce
11111111111 111111111111 111111111111111111111111111 001685320
DC BK10258 PG1330
Divorce
It is ORDERED that Nancy Kirk and Dona1d Kirk are divorced and that the marriage between them is dissol ved
Children ofthe Marriage
The Court finds that there is no child of the marriage of the parties who is now under the age of 18 years and that none is expected
Division ofMarital Estate
The Court finds that the following is a just and right division of the parties marital estate having due regard for the rights of each party
It is ORDERED that Donald Kirk is awarded the following as his sole and separate property either as a division of the parties community estate or confirmed as his separate property and Nancy Kirk is divested of all right title interest and claim in and to that property
H-l All household furniture furnishings fIxtures goods art objects collectibles appliances and equipment in the possession of Donald Kirk or subject to his sole control
H-2 All clothing jewelry and other personal effects in the possession of Donald Kirk or subject to his sole control
H-3 All funds on deposit together with accrued but unpaid interest in the following banks savings institutions brokerage accounts or other financial institution under the name of Donald Kirk
Prosperity Bank checking account no 2875942 Prosperity Bank savings account no 81002149 A+ Federal Credit Union savings acct no 1010000179193 Wells Fargo checking account no51 I 1539937 Wells Fargo savings account no 3724821370 Wells Fargo savings account no 5483441019 Wells Fargo checking account no XXXX991B Wells Fargo checking account no XXXXS936
The parties are ORDERED to take alJ steps necessary to assure that the accounts awarded to a party are held in that partys name
H-4 All policies of life insurance (including ca~h values) insuring Donald Kirks life Both parties wiIJ take al] steps necessary to dissolve the ILff that relates to life insurance on DonaJd Kirks life
IMMOKrk Pagdo21 Agreu Final Decee 0Divoree
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H~5 The following motor vehicles titled in the name of Donald Kirk
2005 Chevy Silverado 2007 Chevy Tahoe 2002 Toyota Celka
together with all prepaid insurance keys and title documents
H~6 An undivided 50 percent interest in the real property and improvements located at 4 Windwood Court The Hills Travis County Texas more specifically described as
LOT 457 HIlLS OF LAKEWAY PHASE FOUR A SUBDNISION IN TRAVIS COUNTY TEXAS ACCORDING TO THE MAP OR PLAT OF RECORD IN VOLUME 81 PAGES 123 OF THE PLAT RECORDS OF TRAVIS COUNTY TEXAS
including but not limited to any escrow funds prepaid insurance utility deposits keys house plans home security access and code garage door opener warranties and service contracts and title and closing documents subject to the Special Provisions for Sale of Windwood Court Property contained herein
H-7 The real property and improvements located at 321 La Lomita Circle South Fork Rio Grande County Colorado including but not limited to any escrow funds prepaid insurance utility deposits keys house plans home security access and code garage door opener warranties and service contracts and title and closing documents
Nancy Kirk is ORDERED to sign all documents necessary to transfer ownership of such property to Donald Kirk within five business days of presentation of documents
H-8 All sums whether matured or unmatured accrued or unaccrued vested or otherwise together with all increases thereof the proceeds therefrom and any other rights related to the following retirement accounts held in the name of Donald Kirk
Lake Travis Independent School District 403(b) account WeJls Fargo IRA acct no 2022357160
H-9 With the exception of the amounts awarded to Nancy Kirk herein (ali set forth more particularly in the Qualified Domestic Relations Order signed by the Court herein) all sums whether matured or unmatured accrued or unaccrued vested or otherwise together with all increases thereof the proceeds therefrom and any other rights related to the Texas Teacher Retirement System pension plan
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Donald Kirk is ORDERED to name Nancy Kirk as irrevocable beneficiary of the tOO percent survivor benefit associated with such retirement plan as more specifically identified herein and to provide Nancy Kirk proof of such ejection within 30 days of the date this Agreed Final Decree of Divorce is signed by the Court Donald Kirk is further ORDERED to take all future action that is required to designate or redesignate Nancy Kirk as survivor beneficiary to receive 100 percent of the community property portion of Donald Kirks retirement pay after the date of his death pursuant to the Special Provisions Relating to TRS Survivor Benefit contained herein
H-IO A sum equal to 100 percent of the balance of the Tomball Regional Hospital Retirement Plan account held in the name of Nancy Kirk as set forth more particularly in the Qualified Domestic Relations Order signed by the Court herein subject to his obligation to pay Nancy Kirk the sum of $15000 from such funds
It is ORDERED that Nancy Kirk is awarded the following as her sole and separate property either as a division of the parties community estate or confirmed as her separate property and Donald Kirk is divested of all right title interest and claim in and to that property
W -1 All household furniture furnishings fixtures goods urt objects collectibles appliances and equipment in the possession of Nancy Kirk or subject to her sole control
W -2 All clothing jeweJry and other personal effects in the possession of Nancy Kirk or subject to her sole control
W-3 All sums of cash in the possession of Nancy Kirk Of subject to Nancy Kirks sole control and all funds on deposit together with accrued but unpaid interest in the following banks savings institutions brokerage accounts or other financial institutions in the name of Nancy Kirk
Wells Fargo savings account no XXXX8739 Wells Fargo checking account no XXXX9520
W -4 All sums whether matured or unmatured accrued or unaccrued vested or otherwise together with all increases thereof the proceeds therefrom and any other rights related to the HCA 401(k) account held in the name of Nancy Kirk
W-5 A portion of Donald Kirks retirement benefits in the Teacher Retirement System of Texas arising out of Donald Kirks employment with Texas public schools as of the date that the Final Decree of Divorce is signed by the Court that portion being 50 percent of the amount earned or accrued during the parties marriage with survivor benefits as stated herein together with any interest dividends gains or losses on that amount arising
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since that date and more particularly defined in a Qualified Domestic Relations Order authorized to be signed by the Court on the day this Final Decree of Divorce is signed and the Special Provisions Relating to TRS Survivor Benefit contained herein
W-6 The 2003 GMC Yukon motor vehicle VlN IGKEC16Z13JtOl432 together with aU prepaid insurance keys and title documents
W-7 An undivided 50 percent interest in the real property and improvements located at 4 Windwood Court The Hills Travis County Texas more specifically described as
LOT 457 HILLS OF LAKEWAY PHASE FOUR A SUBDIVISION IN TRAVIS COUNTY TEXAS ACCORDING TO THE MAP OR PLAT OF RECORD IN VOLUME 81 PAGES 123 OF THE PLAT RECORDS OF TRA VIS COUNTY TEXAS
including but not limited to any escrow funds prepaid insurance utility deposits keys house plans home security access and code garage door opener warranties and service contracts and title and closing documents subject to the Special Provisions for Sale of Windwood Court Property contained herein
W-S All policies of life insurance (including cash values) insuring Nancy Kirks life
W-9 The sum of $15000 payable from Donald Kirk to Nancy Kirk upon his withdrawal of funds from the Tomball Regional Hospital retirement plan Donald Kirk is ORDERED to withdraw sufficient funds to pay Nancy Kirk $15000 as soon as he is notified that the funds have been moved into an IRA in his name Donald Kirk is further ORDERED to pay any and all taxes and applicable penalties that may accompany his withdrawal of funds from the retirement account awarded to him pursuant to this section
It is ORDERED that Donald Kirk shall pay as a part of the division of the estate of the parties and shaH indemnify and hold Nancy Kirk and her property harmless from any failure to so discharge these items
H-l Any and all debts charges liabilities and other obligations incurred solely by Donald Kirk unless specifically stated otherwise herein
H-2 All amounts due on the following debts
a Wells Fargo Visa account no XXXX8477 b All debt owed to Prosperity Bank by Donald Kirk individually or jointly
with Nancy Kirk c Any and all amounts owed to Mary and George Kirk d American Express account no XXXX2000
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H-3 Any and all attorneys and professionals fees and expenses incurred by Donald Kirk and not previously paid
Hmiddot4 All encumbrances ad valorem taxes liens assessments or other charges due or to become due on the real andlor personal property awarded to Donald Kirk or confirmed as his separate property in this decree unless express provision is made in this decree to the contrary including aU debt assessments taxes and other amounts due on the real estate and improvements located in South Fork Colorado and awarded to Donald Kirk herein
H-5 The monthly amount due on the mortgage principal and interest taxes and insurance associated with the real property and improvements located at 4 Windwood Court The Hills Travis County Texas until such time as the property is sold
H-6 The sum of $15000 payable from Donald Kirk to Nancy Kirk upon his withdrawal of funds from the Tomball Regional Hospital retirement plan Donald Kirk is ORDERED to withdraw sufficient funds to pay Nancy Kirk $15000 as soon as he is notified that the funds have been moved into an IRA in his name Donald Kirk is further ORDERED to pay any and all taxes and applicable penalties that may accompany his withdrawal of funds from the retirement account awarded to him pursuant to this section
It is ORDERED that Nancy Kirk shall pay as a part of the division of the estate of the parties and shall indemnify and hold Donald Kirk and his property harmless from any failure to so discharge these items
W -1 Any and all debts charges liabilities and other obligations incurred solely by Nancy Kirk except as specifically provided otherwise herein
W -2 Any and all attorneys and professionals fees and expenses incurred by Nancy Kirk and not previously paid
W -3 All encumbrances ad valorem taxes liens assessments or other charges due or to become due on the real andlor personal property awarded to Nancy Kirk or confirmed as her separate property in this decree unless express provision is made in this decree to the contrary
It is ORDERED that each party shall send to the other party within three days of its receipt a copy of any correspondence from a creditor or raxing authority concerning any potential liability of the other party
Special Provisions for JUT
The Court finds that the parties have created an Irrevocable Life Insurance Trust that is
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intended to receive the proceeds of a life insurance policy insuring the life of Donald Kirk The Court finds that the parties have agreed to remove all assets from such trust and each party is ORDERED to take all steps necessary to move all assets out of such trust within 60 days of the date this Agreed Final Decree of Divorce is signed by the Court AU costs associated with the tennination of the ILIT shall be paid by Donald Kirk
Special Provisions for Sale of4 Witulwood Court
The Court finds that the parties own as community property real property and improvements located at 4 Windwood Court The Hil1s Travis County Texas and that the parties have reached an agreement for the sale of the property and the division of the remaining net proceeds The Court approves the parties agreement and ORDERS as follows
1 Ownership and Lisuna of Property The parties shall continue to own the property as tenants-in-common and shall list the property for sale with an agreed-upon licensed Realtor who is active in the Austin metropolitan real fstate market at a listing price agreed upon by the parties The parties shall cooperate with each other and with the listing Realtor to achieve a speedy sale of the property at a price and according to terms that are acceptable to both parties It is ORDERED that a party shall not unreasonably or arbitrarily withhold his or her consent to adjust the listing price to facilitate a sale nor refuse to accept a bona fide offer to purchase the property if such offer reasonably meets or exceeds the parties asking price and terms
2 Repair and Make-Ready Expenses Both parties shall be responsible for making the arrangements for all agreed-upon repairs and make-ready projects if any as recommended in writing by their chosen Realtor It is ORDERED that the costs of all agreed-upon repairs and make-ready expenses shall be paid by Donald Kirk from the parties savings account if sufficient funds exist in that account or from his other accounts if sufficient funds do not exist in the savings account and it is further ORDERED that Donald Kirk shalJ be reimbursed for the amounts expended on agreedshyupon repairs and make-ready expenses from the proceeds of the sale of the property before such proceeds are divided between the parties Donald Kirk is ORDERED to provide receipts or other official documentation of the amount he has spent for agreedshyupon repairs and make-ready projects no fewer than seven days prior to the date the sale of the property is scheduled to close
3 Acceptance of OtTers The parties shall accept any bona fide cash offer that is acceptable to both parties or if the parties cannot agree as detennined by the arbitrator named herein Each party shall infonn and advise the other as to the status of any offers or negotiations concerning the sale of the property No offer to purchase the property at a price equal to or greater than the asking price then in effect shall be rejected except upon
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the written consent of both parties
4 Occupancy of the Property and Payment of Expenses The parties have agreed that Nancy Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold unless Nancy Kirk opts to vacate the premises before the property is sold as contemplated herein While she resides in the home Nancy Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times
While Nancy Kirk resides in the marital residence and it is on the market listed for sale expenses of the household shall be allocated between the parties as follows
Donald Kirk shall pay when due
a 100 of the monthly principal and interest payments on the property b 100 percent of all homeowners association dues or fees when due c 100 of all ad valorem taxes (whether paid monthly into escrow or in a lump sum
directly to the taxing authority) and d 100 of all homeowners insurance (whether paid monthly into escrow or in a
lump sum directly to the insurance company)
Donald Kirk shall further be responsible for performing maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
Nancy Kirk shall pay all expenses associated with her use of the property inc1uding but not limited to aU utilities services (other than those listed above) and personal expenses Nancy Kirk is ORDERED to pay Donald Kirk the sum of $lOOO per month as her share of the expenses relating to the home beginning September I 2010 and continuing on the first day of each month thereafter in which she resides in the property while it is on the market
Should the contract for sale of the property effective as of September I 2010 not close Nancy Kirk shall have the option to vacate the premises prior to the sale of the property In the event that Nancy Kirk vacates the premises the parties have agreed and it is ORDERED that Donald Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold
In the event Nancy Kirk vacates the property and Donald Kirk has exclusive use and possession of the property while it is on the market listed for sale all expenses relating to the property and Donald Kirks use of the property shull be paid by Donald Kirk
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Donald Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times Donald Kirk shall further be responsible for perfonning maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
5 Disposition of Casualty Insurance Proceeds If at anytime prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed by fire or other casualty to the extent that it is imprudent to repair or replace the same it is ORDERED that any insurance proceeds payable as a result of said destruction shall be divided as net proceeds from the sale of the property as defined herein If at any time prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed partially by fire or other casualty and it is prudent to repair or replace the same then any insurance proceeds collected by the parties for the repair andor replacement of said building tree andor other improvement shall be applied against the cost of repair or replacement subject to the superior rights of the lien holder
6 No Mortgage Pled_ or Encumbrance Each party is prohibited from mortgaging pledging or otherwise encumbering or alienating his or her interest in the property for any purpose without the prior written approval of the other party If at anytime either party violates the aforesaid covenant then the violating party shaU pay and be solely responsible for without contribution from the other party and shall hold the other party hannless from the full amount of any amount borrowed against the property
7 Reasonable Costs of Sale The parties agree that reaconable and necessary expenses incurred in connection with advertising marketing and closing of the sale of the property shall be paid from the sale proceeds of such property Such expenses shall include (without limitation) advertising signage brokerage and sales commissions survey title curation and proof (including title insurance andor abstract) recording fees title document preparation fees title transfer costs~ proration of taxes insurance and other normal closing costs associated with the closing of a sale of property of like kind and nature in the locale where the property is located
8 Basis and Capital Gain The parties agree that Nancy Kirk shall have as her share of the baiis in the property SO percent of the basis in the property on the date sale is closed and Nancy Kirks share of any gain (or loss) realized on the property for tax reporting purposes shall be 50 percent of the total gains (or loss) realized by the parties on the sale of the property The parties further agree that Donald Kirk shall have as his share of the basis in the property 50 percent of the ba~is of the property on the date sale is closed and
IMMOKirlc PlIll90f21 Agreed Final Decrllll ofDivorce
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Donald Kirks share of any gain (or loss) realized on the property for tax reporting purposes shal] be 50 percent of the total gain (or loss) realized by the parties on the sale of the property
9 Disposition of Net Proceeds For purposes of interpreting this Decree net proceeds shaU be defined as the sum remaining after payment of all outstanding liens prorated interest property taxes closing cost and those reasonable and necessary cost-of-sale expenses described in paragraph 7 above
Nancy Kirk and Donald Kirk have accepted the pending offer as of September 1 2010 H the property closes on the terms of the contract it is ORDERED that Nancy Kirk shall receive 100 percent of the net proceeds from the sale of the residence
Any refunds arising from prepaid homeowners insurance premiums related to the property or overages in escrow accounts are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk All refunded utility deposits are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk
Each party is ORDERED to sign any and all documents necessary to have the proceeds from the sale of the property distributed as the parties have agreed herein
Should the contract as of September 1 2010 not close then from the net proceeds from the sale of the property
a Each party shall be reimbursed for any agreed-upon repairs and make-ready expenses for which he or she has presented re(eipts or other official records of payment
b Nancy Kirk shall receive 100 percent of the first $10000 in net proceeds and
c Nancy Kirk shall receive 50 percent and Donald Kirk shall receive 50 percent of the remaining amount
10 Resolution of Disputes In the event a dispute arises between the parties regarding the sale or listing of the property and such dispute cannol be resolved by direct negotiation between the parties Nancy Kirk and Donald Kirk agree to submit the dispute to binding arbitration with attorney Keith Maples or an arbitrator to be selected by agreement of the parties in the event Keith Maples is unable or unwilling to arbitrate the matter In the event the parties cannot agree upon the selection of an arbitrator each party shall designate an arbitrator and those two arbitrators shall select the arbitrator The party wishing to invoke this arbitration provision shall give notice to the other party of such
Page lOof2I Agreed FitullDecree ofDivorce
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intention and his or her choice of arbitrators Any such dispute will be submitted to binding arbitration within five (5) business days of the receiving partys receipt of such notice Each party shall be responsible for 50 percent of the arbitrators fees
11 Income Tax Deductions Each party shall each be entitled to claim 50 percent of any federal income tax deductions for mortgage interest and property taxes related to the property In the event that giving one party or the other will save the parties more money than splitting the deductions the parties agree to assign all deductible expenses to the party for whom the greatest tax savings is realized and that party agrees to share the tax savings with the other party In the event the parties are unable to agree about this issue the issue shall be submitted to an agreed-upon CPA who will make a determination about which party shall claim the deductions and how much money should be paid to the other party to equalize the tax benefits of the deductions relating to the house
Special Provisions Relating 10 TRS Survivor Benefil
The Court finds that the parties have agreed and it is ORDERED that Donald Kirk shall elect the Option I benefit (as described on the correspondence from TRS attached as Exhibit A and incorporated for all purposes as if set our verbatim herein) for Nancy Kirk which names her as irrevocable survivor beneficiary to receive 100 percent of the amount of retirement pay attributable to the marriage that Donald Kirk receives during his lifetime at the time of his death The Court finds that the cost of such annuity is $31718 per month which will be deducted from Donald Kirks monthly retirement benefit during the period between the date he begins receiving retirement pay from TRS and the date of his death
The Court further finds that Nancy Kirk has agreed and she is hereby ORDERED as trustee for Donald Kirk or his estate to pay a portion of the retirement pay she receives after Donald Kirks death to his beneficiary(s) as designated in his Last Will and Testament or if he has no will to his heirs at law (heirnafer his Beneficiaries) Such portion shall be detennined as fol1ows
l As the trustee for Donald Kirks Beneficiaries Nancy Kirk shall reimburse herself an amount equaJ to $15859 for each month between the date Donald Kirk begins receiving retirement pay and the date of his death before payments are due to Donald Kirks Beneficiaries
2 After Nancy Kirk has been fully reimbursed for the premiums paid on the survivor benefit during Donald Kirks lifetime that are attributable to Donald Kirks Beneficiaries Nancy Kirk shall as Donald Kirks trustee pay to Donald Kirks Beneficiaries a sum equal to 50 percent of the total amount she receives as a survivor benefit after Donald Kirks death minus the sum of $15859 which she shall retain as reimbursement for 50
IMMOKirk Agreed Firtal Decree ojDivorce111 oJ2
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percent of the premium paid for the benefit
By way of example if Nancy Kirk receives $10000 per month as payment under the provisions of TRSs survivor benefit she would pay to Donald Kirks Beneficiaries the sum of $5000 less $15859 for a total payment of $484141
Income Taxes
Liability for Federal Income Tam for Prior Years It is ORDERED that each party shall be responsible for 50 of all federal income tax liabilities of the parties from the date of marriage through December 31 2009 and shall timely pay 50 percent of any deficiencies assessments penalties or interest due thereon and shall indemnify and hold the other party and his or her property harmless from such liabilities The parties agree that nothing contained herein shall be construed as or is intended as a waiver of any rights that a party has under the Innocent Spouse provisions of the Internal Revenue Code
Tax Refund for Prior Years It is ORDERED that if a refund is made for overpayment of taxes for any year during the parties marriage through December 31 of 2009 each party shall be entitled to one-half of the refund and the party receiving the refund check is designated a constructi ve trustee for the benefit of the other party to the extent of one-half of the total amount of the refund and shall pay to the other party one-half of the 10tal amount of the refund check within five days of receipt of the refund check Each party is ORDERED to endorse a refund check on presentation by the other party
Taxes and Refunds for 2010 It is ORDERED that the parties shaH file their 2010 federal income tax returns in accordance with regulations of the Internal Revenue Service and report income and deductions in the manner required by IRS The parties may agree and elect an IRS-accepted alternative method for filing and reporting income for 2010 that benefits them both if recommended by their tax return preparer It is ORDERED that the parties will use the same CPA to prepare their separate income tax returns
It is ORDERED that unless money is owed by one party to the other because of the tax preparers recommendation Nancy Kirk and Donald Kirk shall each pay and shall each hold the other party and the other partys property harmless for all tax liability shown to be due and payable on hislher separate 2010 federal income tax return prepared as described above It is ORDERED that if money is owed by one party to the other based on the tax preparers recommended method of filing the paying party shall deliver the fund~ to the receiving party within three business days of the date the determination is made It is ORDERED that each party shall pay 100 of that partys tax return preparers fee chargfd for preparing that partys 2010 separate return
In the event the parties tax preparer determines that it is most beneficia] for the parties to
IMMOKirk Page I2021 Agreed illal Decree ofDi~oce
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partition their respective incomes for 2010 it is ORDERED Donald Kirk and Nancy Kirk shall file separate income tax returns for 2010 using the partition method of filing In connection with their separate returns it is ORDERED as follows
Donald Kirk shall report on his 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor consulting fees or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of partnership income where as between the parties he exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce and
4 any other income received by Donald Kirk and properly reportable by him under the Internal Revenue Code
It is further ORDERED that Donald Kirk shan claim and deduct
1 all deductible expenditures paid by him
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Donald Kirk in this Decree of Divorce
3 a1l income withheld from his earned income
4 all prepayments personally paid by him for the year 2010
5 50 percent of aU deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
6 non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Agreed Final Decree of Divorce and
7 a)] loss carry-forwards attributable to property awarded to Donald Kirk
It is ORDERED that Nancy Kirk shall report on her 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor
IMMOKirk Pag6 13021 Agnltl Fintlllkcnl6 ooorce
-shyDC BK10268 PG1342
consulting fees or professional fees and other amounts recei ved as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where as between the parties she exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
4 any other income received by Nancy Kirk and properly reportable by her under the Internal Revenue Code
It is further ORDERED that Nancy Kirk shall claim and deduct
1 all deductible expenditures paid by her
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Nancy Kirk in this Decree of Divorce
3 all income withheld from her earned income
4 all prepayments personally paid by her for the year 20 to
5 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The HiJIs Travis County Texas
6 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
7 all loss carry-forwards attributable to property awarded to Nancy Kirk
To the extent necessary to effect this division of tax liclbility for income received in 2010 it is ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Donald Kirk as his separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of paltnership income where as between the parties he exercises substantially aU the management and control
IMMOKirllt Page 14 011 Agned FiMI Decee ofDi11Orte
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3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
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provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
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Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10258 PG1330
Divorce
It is ORDERED that Nancy Kirk and Dona1d Kirk are divorced and that the marriage between them is dissol ved
Children ofthe Marriage
The Court finds that there is no child of the marriage of the parties who is now under the age of 18 years and that none is expected
Division ofMarital Estate
The Court finds that the following is a just and right division of the parties marital estate having due regard for the rights of each party
It is ORDERED that Donald Kirk is awarded the following as his sole and separate property either as a division of the parties community estate or confirmed as his separate property and Nancy Kirk is divested of all right title interest and claim in and to that property
H-l All household furniture furnishings fIxtures goods art objects collectibles appliances and equipment in the possession of Donald Kirk or subject to his sole control
H-2 All clothing jewelry and other personal effects in the possession of Donald Kirk or subject to his sole control
H-3 All funds on deposit together with accrued but unpaid interest in the following banks savings institutions brokerage accounts or other financial institution under the name of Donald Kirk
Prosperity Bank checking account no 2875942 Prosperity Bank savings account no 81002149 A+ Federal Credit Union savings acct no 1010000179193 Wells Fargo checking account no51 I 1539937 Wells Fargo savings account no 3724821370 Wells Fargo savings account no 5483441019 Wells Fargo checking account no XXXX991B Wells Fargo checking account no XXXXS936
The parties are ORDERED to take alJ steps necessary to assure that the accounts awarded to a party are held in that partys name
H-4 All policies of life insurance (including ca~h values) insuring Donald Kirks life Both parties wiIJ take al] steps necessary to dissolve the ILff that relates to life insurance on DonaJd Kirks life
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H~5 The following motor vehicles titled in the name of Donald Kirk
2005 Chevy Silverado 2007 Chevy Tahoe 2002 Toyota Celka
together with all prepaid insurance keys and title documents
H~6 An undivided 50 percent interest in the real property and improvements located at 4 Windwood Court The Hills Travis County Texas more specifically described as
LOT 457 HIlLS OF LAKEWAY PHASE FOUR A SUBDNISION IN TRAVIS COUNTY TEXAS ACCORDING TO THE MAP OR PLAT OF RECORD IN VOLUME 81 PAGES 123 OF THE PLAT RECORDS OF TRAVIS COUNTY TEXAS
including but not limited to any escrow funds prepaid insurance utility deposits keys house plans home security access and code garage door opener warranties and service contracts and title and closing documents subject to the Special Provisions for Sale of Windwood Court Property contained herein
H-7 The real property and improvements located at 321 La Lomita Circle South Fork Rio Grande County Colorado including but not limited to any escrow funds prepaid insurance utility deposits keys house plans home security access and code garage door opener warranties and service contracts and title and closing documents
Nancy Kirk is ORDERED to sign all documents necessary to transfer ownership of such property to Donald Kirk within five business days of presentation of documents
H-8 All sums whether matured or unmatured accrued or unaccrued vested or otherwise together with all increases thereof the proceeds therefrom and any other rights related to the following retirement accounts held in the name of Donald Kirk
Lake Travis Independent School District 403(b) account WeJls Fargo IRA acct no 2022357160
H-9 With the exception of the amounts awarded to Nancy Kirk herein (ali set forth more particularly in the Qualified Domestic Relations Order signed by the Court herein) all sums whether matured or unmatured accrued or unaccrued vested or otherwise together with all increases thereof the proceeds therefrom and any other rights related to the Texas Teacher Retirement System pension plan
IMMOKiril P4Ke 1021 gNlld FiNd Dec ofDivorce
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Donald Kirk is ORDERED to name Nancy Kirk as irrevocable beneficiary of the tOO percent survivor benefit associated with such retirement plan as more specifically identified herein and to provide Nancy Kirk proof of such ejection within 30 days of the date this Agreed Final Decree of Divorce is signed by the Court Donald Kirk is further ORDERED to take all future action that is required to designate or redesignate Nancy Kirk as survivor beneficiary to receive 100 percent of the community property portion of Donald Kirks retirement pay after the date of his death pursuant to the Special Provisions Relating to TRS Survivor Benefit contained herein
H-IO A sum equal to 100 percent of the balance of the Tomball Regional Hospital Retirement Plan account held in the name of Nancy Kirk as set forth more particularly in the Qualified Domestic Relations Order signed by the Court herein subject to his obligation to pay Nancy Kirk the sum of $15000 from such funds
It is ORDERED that Nancy Kirk is awarded the following as her sole and separate property either as a division of the parties community estate or confirmed as her separate property and Donald Kirk is divested of all right title interest and claim in and to that property
W -1 All household furniture furnishings fixtures goods urt objects collectibles appliances and equipment in the possession of Nancy Kirk or subject to her sole control
W -2 All clothing jeweJry and other personal effects in the possession of Nancy Kirk or subject to her sole control
W-3 All sums of cash in the possession of Nancy Kirk Of subject to Nancy Kirks sole control and all funds on deposit together with accrued but unpaid interest in the following banks savings institutions brokerage accounts or other financial institutions in the name of Nancy Kirk
Wells Fargo savings account no XXXX8739 Wells Fargo checking account no XXXX9520
W -4 All sums whether matured or unmatured accrued or unaccrued vested or otherwise together with all increases thereof the proceeds therefrom and any other rights related to the HCA 401(k) account held in the name of Nancy Kirk
W-5 A portion of Donald Kirks retirement benefits in the Teacher Retirement System of Texas arising out of Donald Kirks employment with Texas public schools as of the date that the Final Decree of Divorce is signed by the Court that portion being 50 percent of the amount earned or accrued during the parties marriage with survivor benefits as stated herein together with any interest dividends gains or losses on that amount arising
lMMOKirlc Page4of21 Agreed Pi Decree ofDipnrce
DC BK10258 PG1333
since that date and more particularly defined in a Qualified Domestic Relations Order authorized to be signed by the Court on the day this Final Decree of Divorce is signed and the Special Provisions Relating to TRS Survivor Benefit contained herein
W-6 The 2003 GMC Yukon motor vehicle VlN IGKEC16Z13JtOl432 together with aU prepaid insurance keys and title documents
W-7 An undivided 50 percent interest in the real property and improvements located at 4 Windwood Court The Hills Travis County Texas more specifically described as
LOT 457 HILLS OF LAKEWAY PHASE FOUR A SUBDIVISION IN TRAVIS COUNTY TEXAS ACCORDING TO THE MAP OR PLAT OF RECORD IN VOLUME 81 PAGES 123 OF THE PLAT RECORDS OF TRA VIS COUNTY TEXAS
including but not limited to any escrow funds prepaid insurance utility deposits keys house plans home security access and code garage door opener warranties and service contracts and title and closing documents subject to the Special Provisions for Sale of Windwood Court Property contained herein
W-S All policies of life insurance (including cash values) insuring Nancy Kirks life
W-9 The sum of $15000 payable from Donald Kirk to Nancy Kirk upon his withdrawal of funds from the Tomball Regional Hospital retirement plan Donald Kirk is ORDERED to withdraw sufficient funds to pay Nancy Kirk $15000 as soon as he is notified that the funds have been moved into an IRA in his name Donald Kirk is further ORDERED to pay any and all taxes and applicable penalties that may accompany his withdrawal of funds from the retirement account awarded to him pursuant to this section
It is ORDERED that Donald Kirk shall pay as a part of the division of the estate of the parties and shaH indemnify and hold Nancy Kirk and her property harmless from any failure to so discharge these items
H-l Any and all debts charges liabilities and other obligations incurred solely by Donald Kirk unless specifically stated otherwise herein
H-2 All amounts due on the following debts
a Wells Fargo Visa account no XXXX8477 b All debt owed to Prosperity Bank by Donald Kirk individually or jointly
with Nancy Kirk c Any and all amounts owed to Mary and George Kirk d American Express account no XXXX2000
lMMOKirk Pap 5 of21 Agnlflil Final Decree ofDivorce
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H-3 Any and all attorneys and professionals fees and expenses incurred by Donald Kirk and not previously paid
Hmiddot4 All encumbrances ad valorem taxes liens assessments or other charges due or to become due on the real andlor personal property awarded to Donald Kirk or confirmed as his separate property in this decree unless express provision is made in this decree to the contrary including aU debt assessments taxes and other amounts due on the real estate and improvements located in South Fork Colorado and awarded to Donald Kirk herein
H-5 The monthly amount due on the mortgage principal and interest taxes and insurance associated with the real property and improvements located at 4 Windwood Court The Hills Travis County Texas until such time as the property is sold
H-6 The sum of $15000 payable from Donald Kirk to Nancy Kirk upon his withdrawal of funds from the Tomball Regional Hospital retirement plan Donald Kirk is ORDERED to withdraw sufficient funds to pay Nancy Kirk $15000 as soon as he is notified that the funds have been moved into an IRA in his name Donald Kirk is further ORDERED to pay any and all taxes and applicable penalties that may accompany his withdrawal of funds from the retirement account awarded to him pursuant to this section
It is ORDERED that Nancy Kirk shall pay as a part of the division of the estate of the parties and shall indemnify and hold Donald Kirk and his property harmless from any failure to so discharge these items
W -1 Any and all debts charges liabilities and other obligations incurred solely by Nancy Kirk except as specifically provided otherwise herein
W -2 Any and all attorneys and professionals fees and expenses incurred by Nancy Kirk and not previously paid
W -3 All encumbrances ad valorem taxes liens assessments or other charges due or to become due on the real andlor personal property awarded to Nancy Kirk or confirmed as her separate property in this decree unless express provision is made in this decree to the contrary
It is ORDERED that each party shall send to the other party within three days of its receipt a copy of any correspondence from a creditor or raxing authority concerning any potential liability of the other party
Special Provisions for JUT
The Court finds that the parties have created an Irrevocable Life Insurance Trust that is
IMMOKirli Page60111 Agnled Final Decree 01Divorce
DC BK10258 PG1335
intended to receive the proceeds of a life insurance policy insuring the life of Donald Kirk The Court finds that the parties have agreed to remove all assets from such trust and each party is ORDERED to take all steps necessary to move all assets out of such trust within 60 days of the date this Agreed Final Decree of Divorce is signed by the Court AU costs associated with the tennination of the ILIT shall be paid by Donald Kirk
Special Provisions for Sale of4 Witulwood Court
The Court finds that the parties own as community property real property and improvements located at 4 Windwood Court The Hil1s Travis County Texas and that the parties have reached an agreement for the sale of the property and the division of the remaining net proceeds The Court approves the parties agreement and ORDERS as follows
1 Ownership and Lisuna of Property The parties shall continue to own the property as tenants-in-common and shall list the property for sale with an agreed-upon licensed Realtor who is active in the Austin metropolitan real fstate market at a listing price agreed upon by the parties The parties shall cooperate with each other and with the listing Realtor to achieve a speedy sale of the property at a price and according to terms that are acceptable to both parties It is ORDERED that a party shall not unreasonably or arbitrarily withhold his or her consent to adjust the listing price to facilitate a sale nor refuse to accept a bona fide offer to purchase the property if such offer reasonably meets or exceeds the parties asking price and terms
2 Repair and Make-Ready Expenses Both parties shall be responsible for making the arrangements for all agreed-upon repairs and make-ready projects if any as recommended in writing by their chosen Realtor It is ORDERED that the costs of all agreed-upon repairs and make-ready expenses shall be paid by Donald Kirk from the parties savings account if sufficient funds exist in that account or from his other accounts if sufficient funds do not exist in the savings account and it is further ORDERED that Donald Kirk shalJ be reimbursed for the amounts expended on agreedshyupon repairs and make-ready expenses from the proceeds of the sale of the property before such proceeds are divided between the parties Donald Kirk is ORDERED to provide receipts or other official documentation of the amount he has spent for agreedshyupon repairs and make-ready projects no fewer than seven days prior to the date the sale of the property is scheduled to close
3 Acceptance of OtTers The parties shall accept any bona fide cash offer that is acceptable to both parties or if the parties cannot agree as detennined by the arbitrator named herein Each party shall infonn and advise the other as to the status of any offers or negotiations concerning the sale of the property No offer to purchase the property at a price equal to or greater than the asking price then in effect shall be rejected except upon
IMMOKirlt ge 7 Dfll Agreed Final DecTfie ofDilorce
DC BK10258 PG1336
the written consent of both parties
4 Occupancy of the Property and Payment of Expenses The parties have agreed that Nancy Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold unless Nancy Kirk opts to vacate the premises before the property is sold as contemplated herein While she resides in the home Nancy Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times
While Nancy Kirk resides in the marital residence and it is on the market listed for sale expenses of the household shall be allocated between the parties as follows
Donald Kirk shall pay when due
a 100 of the monthly principal and interest payments on the property b 100 percent of all homeowners association dues or fees when due c 100 of all ad valorem taxes (whether paid monthly into escrow or in a lump sum
directly to the taxing authority) and d 100 of all homeowners insurance (whether paid monthly into escrow or in a
lump sum directly to the insurance company)
Donald Kirk shall further be responsible for performing maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
Nancy Kirk shall pay all expenses associated with her use of the property inc1uding but not limited to aU utilities services (other than those listed above) and personal expenses Nancy Kirk is ORDERED to pay Donald Kirk the sum of $lOOO per month as her share of the expenses relating to the home beginning September I 2010 and continuing on the first day of each month thereafter in which she resides in the property while it is on the market
Should the contract for sale of the property effective as of September I 2010 not close Nancy Kirk shall have the option to vacate the premises prior to the sale of the property In the event that Nancy Kirk vacates the premises the parties have agreed and it is ORDERED that Donald Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold
In the event Nancy Kirk vacates the property and Donald Kirk has exclusive use and possession of the property while it is on the market listed for sale all expenses relating to the property and Donald Kirks use of the property shull be paid by Donald Kirk
IMM((irk Page8of21 Agrlled Pinal Decree ofDivorce
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Donald Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times Donald Kirk shall further be responsible for perfonning maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
5 Disposition of Casualty Insurance Proceeds If at anytime prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed by fire or other casualty to the extent that it is imprudent to repair or replace the same it is ORDERED that any insurance proceeds payable as a result of said destruction shall be divided as net proceeds from the sale of the property as defined herein If at any time prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed partially by fire or other casualty and it is prudent to repair or replace the same then any insurance proceeds collected by the parties for the repair andor replacement of said building tree andor other improvement shall be applied against the cost of repair or replacement subject to the superior rights of the lien holder
6 No Mortgage Pled_ or Encumbrance Each party is prohibited from mortgaging pledging or otherwise encumbering or alienating his or her interest in the property for any purpose without the prior written approval of the other party If at anytime either party violates the aforesaid covenant then the violating party shaU pay and be solely responsible for without contribution from the other party and shall hold the other party hannless from the full amount of any amount borrowed against the property
7 Reasonable Costs of Sale The parties agree that reaconable and necessary expenses incurred in connection with advertising marketing and closing of the sale of the property shall be paid from the sale proceeds of such property Such expenses shall include (without limitation) advertising signage brokerage and sales commissions survey title curation and proof (including title insurance andor abstract) recording fees title document preparation fees title transfer costs~ proration of taxes insurance and other normal closing costs associated with the closing of a sale of property of like kind and nature in the locale where the property is located
8 Basis and Capital Gain The parties agree that Nancy Kirk shall have as her share of the baiis in the property SO percent of the basis in the property on the date sale is closed and Nancy Kirks share of any gain (or loss) realized on the property for tax reporting purposes shall be 50 percent of the total gains (or loss) realized by the parties on the sale of the property The parties further agree that Donald Kirk shall have as his share of the basis in the property 50 percent of the ba~is of the property on the date sale is closed and
IMMOKirlc PlIll90f21 Agreed Final Decrllll ofDivorce
DC BK10258 PG1338
Donald Kirks share of any gain (or loss) realized on the property for tax reporting purposes shal] be 50 percent of the total gain (or loss) realized by the parties on the sale of the property
9 Disposition of Net Proceeds For purposes of interpreting this Decree net proceeds shaU be defined as the sum remaining after payment of all outstanding liens prorated interest property taxes closing cost and those reasonable and necessary cost-of-sale expenses described in paragraph 7 above
Nancy Kirk and Donald Kirk have accepted the pending offer as of September 1 2010 H the property closes on the terms of the contract it is ORDERED that Nancy Kirk shall receive 100 percent of the net proceeds from the sale of the residence
Any refunds arising from prepaid homeowners insurance premiums related to the property or overages in escrow accounts are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk All refunded utility deposits are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk
Each party is ORDERED to sign any and all documents necessary to have the proceeds from the sale of the property distributed as the parties have agreed herein
Should the contract as of September 1 2010 not close then from the net proceeds from the sale of the property
a Each party shall be reimbursed for any agreed-upon repairs and make-ready expenses for which he or she has presented re(eipts or other official records of payment
b Nancy Kirk shall receive 100 percent of the first $10000 in net proceeds and
c Nancy Kirk shall receive 50 percent and Donald Kirk shall receive 50 percent of the remaining amount
10 Resolution of Disputes In the event a dispute arises between the parties regarding the sale or listing of the property and such dispute cannol be resolved by direct negotiation between the parties Nancy Kirk and Donald Kirk agree to submit the dispute to binding arbitration with attorney Keith Maples or an arbitrator to be selected by agreement of the parties in the event Keith Maples is unable or unwilling to arbitrate the matter In the event the parties cannot agree upon the selection of an arbitrator each party shall designate an arbitrator and those two arbitrators shall select the arbitrator The party wishing to invoke this arbitration provision shall give notice to the other party of such
Page lOof2I Agreed FitullDecree ofDivorce
-DC BK10258 PG1339
intention and his or her choice of arbitrators Any such dispute will be submitted to binding arbitration within five (5) business days of the receiving partys receipt of such notice Each party shall be responsible for 50 percent of the arbitrators fees
11 Income Tax Deductions Each party shall each be entitled to claim 50 percent of any federal income tax deductions for mortgage interest and property taxes related to the property In the event that giving one party or the other will save the parties more money than splitting the deductions the parties agree to assign all deductible expenses to the party for whom the greatest tax savings is realized and that party agrees to share the tax savings with the other party In the event the parties are unable to agree about this issue the issue shall be submitted to an agreed-upon CPA who will make a determination about which party shall claim the deductions and how much money should be paid to the other party to equalize the tax benefits of the deductions relating to the house
Special Provisions Relating 10 TRS Survivor Benefil
The Court finds that the parties have agreed and it is ORDERED that Donald Kirk shall elect the Option I benefit (as described on the correspondence from TRS attached as Exhibit A and incorporated for all purposes as if set our verbatim herein) for Nancy Kirk which names her as irrevocable survivor beneficiary to receive 100 percent of the amount of retirement pay attributable to the marriage that Donald Kirk receives during his lifetime at the time of his death The Court finds that the cost of such annuity is $31718 per month which will be deducted from Donald Kirks monthly retirement benefit during the period between the date he begins receiving retirement pay from TRS and the date of his death
The Court further finds that Nancy Kirk has agreed and she is hereby ORDERED as trustee for Donald Kirk or his estate to pay a portion of the retirement pay she receives after Donald Kirks death to his beneficiary(s) as designated in his Last Will and Testament or if he has no will to his heirs at law (heirnafer his Beneficiaries) Such portion shall be detennined as fol1ows
l As the trustee for Donald Kirks Beneficiaries Nancy Kirk shall reimburse herself an amount equaJ to $15859 for each month between the date Donald Kirk begins receiving retirement pay and the date of his death before payments are due to Donald Kirks Beneficiaries
2 After Nancy Kirk has been fully reimbursed for the premiums paid on the survivor benefit during Donald Kirks lifetime that are attributable to Donald Kirks Beneficiaries Nancy Kirk shall as Donald Kirks trustee pay to Donald Kirks Beneficiaries a sum equal to 50 percent of the total amount she receives as a survivor benefit after Donald Kirks death minus the sum of $15859 which she shall retain as reimbursement for 50
IMMOKirk Agreed Firtal Decree ojDivorce111 oJ2
DC BK10268 PG1340
percent of the premium paid for the benefit
By way of example if Nancy Kirk receives $10000 per month as payment under the provisions of TRSs survivor benefit she would pay to Donald Kirks Beneficiaries the sum of $5000 less $15859 for a total payment of $484141
Income Taxes
Liability for Federal Income Tam for Prior Years It is ORDERED that each party shall be responsible for 50 of all federal income tax liabilities of the parties from the date of marriage through December 31 2009 and shall timely pay 50 percent of any deficiencies assessments penalties or interest due thereon and shall indemnify and hold the other party and his or her property harmless from such liabilities The parties agree that nothing contained herein shall be construed as or is intended as a waiver of any rights that a party has under the Innocent Spouse provisions of the Internal Revenue Code
Tax Refund for Prior Years It is ORDERED that if a refund is made for overpayment of taxes for any year during the parties marriage through December 31 of 2009 each party shall be entitled to one-half of the refund and the party receiving the refund check is designated a constructi ve trustee for the benefit of the other party to the extent of one-half of the total amount of the refund and shall pay to the other party one-half of the 10tal amount of the refund check within five days of receipt of the refund check Each party is ORDERED to endorse a refund check on presentation by the other party
Taxes and Refunds for 2010 It is ORDERED that the parties shaH file their 2010 federal income tax returns in accordance with regulations of the Internal Revenue Service and report income and deductions in the manner required by IRS The parties may agree and elect an IRS-accepted alternative method for filing and reporting income for 2010 that benefits them both if recommended by their tax return preparer It is ORDERED that the parties will use the same CPA to prepare their separate income tax returns
It is ORDERED that unless money is owed by one party to the other because of the tax preparers recommendation Nancy Kirk and Donald Kirk shall each pay and shall each hold the other party and the other partys property harmless for all tax liability shown to be due and payable on hislher separate 2010 federal income tax return prepared as described above It is ORDERED that if money is owed by one party to the other based on the tax preparers recommended method of filing the paying party shall deliver the fund~ to the receiving party within three business days of the date the determination is made It is ORDERED that each party shall pay 100 of that partys tax return preparers fee chargfd for preparing that partys 2010 separate return
In the event the parties tax preparer determines that it is most beneficia] for the parties to
IMMOKirk Page I2021 Agreed illal Decree ofDi~oce
-DC BK10258 PG1341
partition their respective incomes for 2010 it is ORDERED Donald Kirk and Nancy Kirk shall file separate income tax returns for 2010 using the partition method of filing In connection with their separate returns it is ORDERED as follows
Donald Kirk shall report on his 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor consulting fees or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of partnership income where as between the parties he exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce and
4 any other income received by Donald Kirk and properly reportable by him under the Internal Revenue Code
It is further ORDERED that Donald Kirk shan claim and deduct
1 all deductible expenditures paid by him
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Donald Kirk in this Decree of Divorce
3 a1l income withheld from his earned income
4 all prepayments personally paid by him for the year 2010
5 50 percent of aU deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
6 non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Agreed Final Decree of Divorce and
7 a)] loss carry-forwards attributable to property awarded to Donald Kirk
It is ORDERED that Nancy Kirk shall report on her 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor
IMMOKirk Pag6 13021 Agnltl Fintlllkcnl6 ooorce
-shyDC BK10268 PG1342
consulting fees or professional fees and other amounts recei ved as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where as between the parties she exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
4 any other income received by Nancy Kirk and properly reportable by her under the Internal Revenue Code
It is further ORDERED that Nancy Kirk shall claim and deduct
1 all deductible expenditures paid by her
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Nancy Kirk in this Decree of Divorce
3 all income withheld from her earned income
4 all prepayments personally paid by her for the year 20 to
5 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The HiJIs Travis County Texas
6 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
7 all loss carry-forwards attributable to property awarded to Nancy Kirk
To the extent necessary to effect this division of tax liclbility for income received in 2010 it is ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Donald Kirk as his separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of paltnership income where as between the parties he exercises substantially aU the management and control
IMMOKirllt Page 14 011 Agned FiMI Decee ofDi11Orte
-DC BK10258 PG1343
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
DC BK10258 PG1345
provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10268 PG1331
H~5 The following motor vehicles titled in the name of Donald Kirk
2005 Chevy Silverado 2007 Chevy Tahoe 2002 Toyota Celka
together with all prepaid insurance keys and title documents
H~6 An undivided 50 percent interest in the real property and improvements located at 4 Windwood Court The Hills Travis County Texas more specifically described as
LOT 457 HIlLS OF LAKEWAY PHASE FOUR A SUBDNISION IN TRAVIS COUNTY TEXAS ACCORDING TO THE MAP OR PLAT OF RECORD IN VOLUME 81 PAGES 123 OF THE PLAT RECORDS OF TRAVIS COUNTY TEXAS
including but not limited to any escrow funds prepaid insurance utility deposits keys house plans home security access and code garage door opener warranties and service contracts and title and closing documents subject to the Special Provisions for Sale of Windwood Court Property contained herein
H-7 The real property and improvements located at 321 La Lomita Circle South Fork Rio Grande County Colorado including but not limited to any escrow funds prepaid insurance utility deposits keys house plans home security access and code garage door opener warranties and service contracts and title and closing documents
Nancy Kirk is ORDERED to sign all documents necessary to transfer ownership of such property to Donald Kirk within five business days of presentation of documents
H-8 All sums whether matured or unmatured accrued or unaccrued vested or otherwise together with all increases thereof the proceeds therefrom and any other rights related to the following retirement accounts held in the name of Donald Kirk
Lake Travis Independent School District 403(b) account WeJls Fargo IRA acct no 2022357160
H-9 With the exception of the amounts awarded to Nancy Kirk herein (ali set forth more particularly in the Qualified Domestic Relations Order signed by the Court herein) all sums whether matured or unmatured accrued or unaccrued vested or otherwise together with all increases thereof the proceeds therefrom and any other rights related to the Texas Teacher Retirement System pension plan
IMMOKiril P4Ke 1021 gNlld FiNd Dec ofDivorce
DC BK10258 PG1332
Donald Kirk is ORDERED to name Nancy Kirk as irrevocable beneficiary of the tOO percent survivor benefit associated with such retirement plan as more specifically identified herein and to provide Nancy Kirk proof of such ejection within 30 days of the date this Agreed Final Decree of Divorce is signed by the Court Donald Kirk is further ORDERED to take all future action that is required to designate or redesignate Nancy Kirk as survivor beneficiary to receive 100 percent of the community property portion of Donald Kirks retirement pay after the date of his death pursuant to the Special Provisions Relating to TRS Survivor Benefit contained herein
H-IO A sum equal to 100 percent of the balance of the Tomball Regional Hospital Retirement Plan account held in the name of Nancy Kirk as set forth more particularly in the Qualified Domestic Relations Order signed by the Court herein subject to his obligation to pay Nancy Kirk the sum of $15000 from such funds
It is ORDERED that Nancy Kirk is awarded the following as her sole and separate property either as a division of the parties community estate or confirmed as her separate property and Donald Kirk is divested of all right title interest and claim in and to that property
W -1 All household furniture furnishings fixtures goods urt objects collectibles appliances and equipment in the possession of Nancy Kirk or subject to her sole control
W -2 All clothing jeweJry and other personal effects in the possession of Nancy Kirk or subject to her sole control
W-3 All sums of cash in the possession of Nancy Kirk Of subject to Nancy Kirks sole control and all funds on deposit together with accrued but unpaid interest in the following banks savings institutions brokerage accounts or other financial institutions in the name of Nancy Kirk
Wells Fargo savings account no XXXX8739 Wells Fargo checking account no XXXX9520
W -4 All sums whether matured or unmatured accrued or unaccrued vested or otherwise together with all increases thereof the proceeds therefrom and any other rights related to the HCA 401(k) account held in the name of Nancy Kirk
W-5 A portion of Donald Kirks retirement benefits in the Teacher Retirement System of Texas arising out of Donald Kirks employment with Texas public schools as of the date that the Final Decree of Divorce is signed by the Court that portion being 50 percent of the amount earned or accrued during the parties marriage with survivor benefits as stated herein together with any interest dividends gains or losses on that amount arising
lMMOKirlc Page4of21 Agreed Pi Decree ofDipnrce
DC BK10258 PG1333
since that date and more particularly defined in a Qualified Domestic Relations Order authorized to be signed by the Court on the day this Final Decree of Divorce is signed and the Special Provisions Relating to TRS Survivor Benefit contained herein
W-6 The 2003 GMC Yukon motor vehicle VlN IGKEC16Z13JtOl432 together with aU prepaid insurance keys and title documents
W-7 An undivided 50 percent interest in the real property and improvements located at 4 Windwood Court The Hills Travis County Texas more specifically described as
LOT 457 HILLS OF LAKEWAY PHASE FOUR A SUBDIVISION IN TRAVIS COUNTY TEXAS ACCORDING TO THE MAP OR PLAT OF RECORD IN VOLUME 81 PAGES 123 OF THE PLAT RECORDS OF TRA VIS COUNTY TEXAS
including but not limited to any escrow funds prepaid insurance utility deposits keys house plans home security access and code garage door opener warranties and service contracts and title and closing documents subject to the Special Provisions for Sale of Windwood Court Property contained herein
W-S All policies of life insurance (including cash values) insuring Nancy Kirks life
W-9 The sum of $15000 payable from Donald Kirk to Nancy Kirk upon his withdrawal of funds from the Tomball Regional Hospital retirement plan Donald Kirk is ORDERED to withdraw sufficient funds to pay Nancy Kirk $15000 as soon as he is notified that the funds have been moved into an IRA in his name Donald Kirk is further ORDERED to pay any and all taxes and applicable penalties that may accompany his withdrawal of funds from the retirement account awarded to him pursuant to this section
It is ORDERED that Donald Kirk shall pay as a part of the division of the estate of the parties and shaH indemnify and hold Nancy Kirk and her property harmless from any failure to so discharge these items
H-l Any and all debts charges liabilities and other obligations incurred solely by Donald Kirk unless specifically stated otherwise herein
H-2 All amounts due on the following debts
a Wells Fargo Visa account no XXXX8477 b All debt owed to Prosperity Bank by Donald Kirk individually or jointly
with Nancy Kirk c Any and all amounts owed to Mary and George Kirk d American Express account no XXXX2000
lMMOKirk Pap 5 of21 Agnlflil Final Decree ofDivorce
DC BK10258 PG1334
H-3 Any and all attorneys and professionals fees and expenses incurred by Donald Kirk and not previously paid
Hmiddot4 All encumbrances ad valorem taxes liens assessments or other charges due or to become due on the real andlor personal property awarded to Donald Kirk or confirmed as his separate property in this decree unless express provision is made in this decree to the contrary including aU debt assessments taxes and other amounts due on the real estate and improvements located in South Fork Colorado and awarded to Donald Kirk herein
H-5 The monthly amount due on the mortgage principal and interest taxes and insurance associated with the real property and improvements located at 4 Windwood Court The Hills Travis County Texas until such time as the property is sold
H-6 The sum of $15000 payable from Donald Kirk to Nancy Kirk upon his withdrawal of funds from the Tomball Regional Hospital retirement plan Donald Kirk is ORDERED to withdraw sufficient funds to pay Nancy Kirk $15000 as soon as he is notified that the funds have been moved into an IRA in his name Donald Kirk is further ORDERED to pay any and all taxes and applicable penalties that may accompany his withdrawal of funds from the retirement account awarded to him pursuant to this section
It is ORDERED that Nancy Kirk shall pay as a part of the division of the estate of the parties and shall indemnify and hold Donald Kirk and his property harmless from any failure to so discharge these items
W -1 Any and all debts charges liabilities and other obligations incurred solely by Nancy Kirk except as specifically provided otherwise herein
W -2 Any and all attorneys and professionals fees and expenses incurred by Nancy Kirk and not previously paid
W -3 All encumbrances ad valorem taxes liens assessments or other charges due or to become due on the real andlor personal property awarded to Nancy Kirk or confirmed as her separate property in this decree unless express provision is made in this decree to the contrary
It is ORDERED that each party shall send to the other party within three days of its receipt a copy of any correspondence from a creditor or raxing authority concerning any potential liability of the other party
Special Provisions for JUT
The Court finds that the parties have created an Irrevocable Life Insurance Trust that is
IMMOKirli Page60111 Agnled Final Decree 01Divorce
DC BK10258 PG1335
intended to receive the proceeds of a life insurance policy insuring the life of Donald Kirk The Court finds that the parties have agreed to remove all assets from such trust and each party is ORDERED to take all steps necessary to move all assets out of such trust within 60 days of the date this Agreed Final Decree of Divorce is signed by the Court AU costs associated with the tennination of the ILIT shall be paid by Donald Kirk
Special Provisions for Sale of4 Witulwood Court
The Court finds that the parties own as community property real property and improvements located at 4 Windwood Court The Hil1s Travis County Texas and that the parties have reached an agreement for the sale of the property and the division of the remaining net proceeds The Court approves the parties agreement and ORDERS as follows
1 Ownership and Lisuna of Property The parties shall continue to own the property as tenants-in-common and shall list the property for sale with an agreed-upon licensed Realtor who is active in the Austin metropolitan real fstate market at a listing price agreed upon by the parties The parties shall cooperate with each other and with the listing Realtor to achieve a speedy sale of the property at a price and according to terms that are acceptable to both parties It is ORDERED that a party shall not unreasonably or arbitrarily withhold his or her consent to adjust the listing price to facilitate a sale nor refuse to accept a bona fide offer to purchase the property if such offer reasonably meets or exceeds the parties asking price and terms
2 Repair and Make-Ready Expenses Both parties shall be responsible for making the arrangements for all agreed-upon repairs and make-ready projects if any as recommended in writing by their chosen Realtor It is ORDERED that the costs of all agreed-upon repairs and make-ready expenses shall be paid by Donald Kirk from the parties savings account if sufficient funds exist in that account or from his other accounts if sufficient funds do not exist in the savings account and it is further ORDERED that Donald Kirk shalJ be reimbursed for the amounts expended on agreedshyupon repairs and make-ready expenses from the proceeds of the sale of the property before such proceeds are divided between the parties Donald Kirk is ORDERED to provide receipts or other official documentation of the amount he has spent for agreedshyupon repairs and make-ready projects no fewer than seven days prior to the date the sale of the property is scheduled to close
3 Acceptance of OtTers The parties shall accept any bona fide cash offer that is acceptable to both parties or if the parties cannot agree as detennined by the arbitrator named herein Each party shall infonn and advise the other as to the status of any offers or negotiations concerning the sale of the property No offer to purchase the property at a price equal to or greater than the asking price then in effect shall be rejected except upon
IMMOKirlt ge 7 Dfll Agreed Final DecTfie ofDilorce
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the written consent of both parties
4 Occupancy of the Property and Payment of Expenses The parties have agreed that Nancy Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold unless Nancy Kirk opts to vacate the premises before the property is sold as contemplated herein While she resides in the home Nancy Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times
While Nancy Kirk resides in the marital residence and it is on the market listed for sale expenses of the household shall be allocated between the parties as follows
Donald Kirk shall pay when due
a 100 of the monthly principal and interest payments on the property b 100 percent of all homeowners association dues or fees when due c 100 of all ad valorem taxes (whether paid monthly into escrow or in a lump sum
directly to the taxing authority) and d 100 of all homeowners insurance (whether paid monthly into escrow or in a
lump sum directly to the insurance company)
Donald Kirk shall further be responsible for performing maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
Nancy Kirk shall pay all expenses associated with her use of the property inc1uding but not limited to aU utilities services (other than those listed above) and personal expenses Nancy Kirk is ORDERED to pay Donald Kirk the sum of $lOOO per month as her share of the expenses relating to the home beginning September I 2010 and continuing on the first day of each month thereafter in which she resides in the property while it is on the market
Should the contract for sale of the property effective as of September I 2010 not close Nancy Kirk shall have the option to vacate the premises prior to the sale of the property In the event that Nancy Kirk vacates the premises the parties have agreed and it is ORDERED that Donald Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold
In the event Nancy Kirk vacates the property and Donald Kirk has exclusive use and possession of the property while it is on the market listed for sale all expenses relating to the property and Donald Kirks use of the property shull be paid by Donald Kirk
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Donald Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times Donald Kirk shall further be responsible for perfonning maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
5 Disposition of Casualty Insurance Proceeds If at anytime prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed by fire or other casualty to the extent that it is imprudent to repair or replace the same it is ORDERED that any insurance proceeds payable as a result of said destruction shall be divided as net proceeds from the sale of the property as defined herein If at any time prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed partially by fire or other casualty and it is prudent to repair or replace the same then any insurance proceeds collected by the parties for the repair andor replacement of said building tree andor other improvement shall be applied against the cost of repair or replacement subject to the superior rights of the lien holder
6 No Mortgage Pled_ or Encumbrance Each party is prohibited from mortgaging pledging or otherwise encumbering or alienating his or her interest in the property for any purpose without the prior written approval of the other party If at anytime either party violates the aforesaid covenant then the violating party shaU pay and be solely responsible for without contribution from the other party and shall hold the other party hannless from the full amount of any amount borrowed against the property
7 Reasonable Costs of Sale The parties agree that reaconable and necessary expenses incurred in connection with advertising marketing and closing of the sale of the property shall be paid from the sale proceeds of such property Such expenses shall include (without limitation) advertising signage brokerage and sales commissions survey title curation and proof (including title insurance andor abstract) recording fees title document preparation fees title transfer costs~ proration of taxes insurance and other normal closing costs associated with the closing of a sale of property of like kind and nature in the locale where the property is located
8 Basis and Capital Gain The parties agree that Nancy Kirk shall have as her share of the baiis in the property SO percent of the basis in the property on the date sale is closed and Nancy Kirks share of any gain (or loss) realized on the property for tax reporting purposes shall be 50 percent of the total gains (or loss) realized by the parties on the sale of the property The parties further agree that Donald Kirk shall have as his share of the basis in the property 50 percent of the ba~is of the property on the date sale is closed and
IMMOKirlc PlIll90f21 Agreed Final Decrllll ofDivorce
DC BK10258 PG1338
Donald Kirks share of any gain (or loss) realized on the property for tax reporting purposes shal] be 50 percent of the total gain (or loss) realized by the parties on the sale of the property
9 Disposition of Net Proceeds For purposes of interpreting this Decree net proceeds shaU be defined as the sum remaining after payment of all outstanding liens prorated interest property taxes closing cost and those reasonable and necessary cost-of-sale expenses described in paragraph 7 above
Nancy Kirk and Donald Kirk have accepted the pending offer as of September 1 2010 H the property closes on the terms of the contract it is ORDERED that Nancy Kirk shall receive 100 percent of the net proceeds from the sale of the residence
Any refunds arising from prepaid homeowners insurance premiums related to the property or overages in escrow accounts are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk All refunded utility deposits are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk
Each party is ORDERED to sign any and all documents necessary to have the proceeds from the sale of the property distributed as the parties have agreed herein
Should the contract as of September 1 2010 not close then from the net proceeds from the sale of the property
a Each party shall be reimbursed for any agreed-upon repairs and make-ready expenses for which he or she has presented re(eipts or other official records of payment
b Nancy Kirk shall receive 100 percent of the first $10000 in net proceeds and
c Nancy Kirk shall receive 50 percent and Donald Kirk shall receive 50 percent of the remaining amount
10 Resolution of Disputes In the event a dispute arises between the parties regarding the sale or listing of the property and such dispute cannol be resolved by direct negotiation between the parties Nancy Kirk and Donald Kirk agree to submit the dispute to binding arbitration with attorney Keith Maples or an arbitrator to be selected by agreement of the parties in the event Keith Maples is unable or unwilling to arbitrate the matter In the event the parties cannot agree upon the selection of an arbitrator each party shall designate an arbitrator and those two arbitrators shall select the arbitrator The party wishing to invoke this arbitration provision shall give notice to the other party of such
Page lOof2I Agreed FitullDecree ofDivorce
-DC BK10258 PG1339
intention and his or her choice of arbitrators Any such dispute will be submitted to binding arbitration within five (5) business days of the receiving partys receipt of such notice Each party shall be responsible for 50 percent of the arbitrators fees
11 Income Tax Deductions Each party shall each be entitled to claim 50 percent of any federal income tax deductions for mortgage interest and property taxes related to the property In the event that giving one party or the other will save the parties more money than splitting the deductions the parties agree to assign all deductible expenses to the party for whom the greatest tax savings is realized and that party agrees to share the tax savings with the other party In the event the parties are unable to agree about this issue the issue shall be submitted to an agreed-upon CPA who will make a determination about which party shall claim the deductions and how much money should be paid to the other party to equalize the tax benefits of the deductions relating to the house
Special Provisions Relating 10 TRS Survivor Benefil
The Court finds that the parties have agreed and it is ORDERED that Donald Kirk shall elect the Option I benefit (as described on the correspondence from TRS attached as Exhibit A and incorporated for all purposes as if set our verbatim herein) for Nancy Kirk which names her as irrevocable survivor beneficiary to receive 100 percent of the amount of retirement pay attributable to the marriage that Donald Kirk receives during his lifetime at the time of his death The Court finds that the cost of such annuity is $31718 per month which will be deducted from Donald Kirks monthly retirement benefit during the period between the date he begins receiving retirement pay from TRS and the date of his death
The Court further finds that Nancy Kirk has agreed and she is hereby ORDERED as trustee for Donald Kirk or his estate to pay a portion of the retirement pay she receives after Donald Kirks death to his beneficiary(s) as designated in his Last Will and Testament or if he has no will to his heirs at law (heirnafer his Beneficiaries) Such portion shall be detennined as fol1ows
l As the trustee for Donald Kirks Beneficiaries Nancy Kirk shall reimburse herself an amount equaJ to $15859 for each month between the date Donald Kirk begins receiving retirement pay and the date of his death before payments are due to Donald Kirks Beneficiaries
2 After Nancy Kirk has been fully reimbursed for the premiums paid on the survivor benefit during Donald Kirks lifetime that are attributable to Donald Kirks Beneficiaries Nancy Kirk shall as Donald Kirks trustee pay to Donald Kirks Beneficiaries a sum equal to 50 percent of the total amount she receives as a survivor benefit after Donald Kirks death minus the sum of $15859 which she shall retain as reimbursement for 50
IMMOKirk Agreed Firtal Decree ojDivorce111 oJ2
DC BK10268 PG1340
percent of the premium paid for the benefit
By way of example if Nancy Kirk receives $10000 per month as payment under the provisions of TRSs survivor benefit she would pay to Donald Kirks Beneficiaries the sum of $5000 less $15859 for a total payment of $484141
Income Taxes
Liability for Federal Income Tam for Prior Years It is ORDERED that each party shall be responsible for 50 of all federal income tax liabilities of the parties from the date of marriage through December 31 2009 and shall timely pay 50 percent of any deficiencies assessments penalties or interest due thereon and shall indemnify and hold the other party and his or her property harmless from such liabilities The parties agree that nothing contained herein shall be construed as or is intended as a waiver of any rights that a party has under the Innocent Spouse provisions of the Internal Revenue Code
Tax Refund for Prior Years It is ORDERED that if a refund is made for overpayment of taxes for any year during the parties marriage through December 31 of 2009 each party shall be entitled to one-half of the refund and the party receiving the refund check is designated a constructi ve trustee for the benefit of the other party to the extent of one-half of the total amount of the refund and shall pay to the other party one-half of the 10tal amount of the refund check within five days of receipt of the refund check Each party is ORDERED to endorse a refund check on presentation by the other party
Taxes and Refunds for 2010 It is ORDERED that the parties shaH file their 2010 federal income tax returns in accordance with regulations of the Internal Revenue Service and report income and deductions in the manner required by IRS The parties may agree and elect an IRS-accepted alternative method for filing and reporting income for 2010 that benefits them both if recommended by their tax return preparer It is ORDERED that the parties will use the same CPA to prepare their separate income tax returns
It is ORDERED that unless money is owed by one party to the other because of the tax preparers recommendation Nancy Kirk and Donald Kirk shall each pay and shall each hold the other party and the other partys property harmless for all tax liability shown to be due and payable on hislher separate 2010 federal income tax return prepared as described above It is ORDERED that if money is owed by one party to the other based on the tax preparers recommended method of filing the paying party shall deliver the fund~ to the receiving party within three business days of the date the determination is made It is ORDERED that each party shall pay 100 of that partys tax return preparers fee chargfd for preparing that partys 2010 separate return
In the event the parties tax preparer determines that it is most beneficia] for the parties to
IMMOKirk Page I2021 Agreed illal Decree ofDi~oce
-DC BK10258 PG1341
partition their respective incomes for 2010 it is ORDERED Donald Kirk and Nancy Kirk shall file separate income tax returns for 2010 using the partition method of filing In connection with their separate returns it is ORDERED as follows
Donald Kirk shall report on his 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor consulting fees or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of partnership income where as between the parties he exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce and
4 any other income received by Donald Kirk and properly reportable by him under the Internal Revenue Code
It is further ORDERED that Donald Kirk shan claim and deduct
1 all deductible expenditures paid by him
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Donald Kirk in this Decree of Divorce
3 a1l income withheld from his earned income
4 all prepayments personally paid by him for the year 2010
5 50 percent of aU deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
6 non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Agreed Final Decree of Divorce and
7 a)] loss carry-forwards attributable to property awarded to Donald Kirk
It is ORDERED that Nancy Kirk shall report on her 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor
IMMOKirk Pag6 13021 Agnltl Fintlllkcnl6 ooorce
-shyDC BK10268 PG1342
consulting fees or professional fees and other amounts recei ved as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where as between the parties she exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
4 any other income received by Nancy Kirk and properly reportable by her under the Internal Revenue Code
It is further ORDERED that Nancy Kirk shall claim and deduct
1 all deductible expenditures paid by her
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Nancy Kirk in this Decree of Divorce
3 all income withheld from her earned income
4 all prepayments personally paid by her for the year 20 to
5 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The HiJIs Travis County Texas
6 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
7 all loss carry-forwards attributable to property awarded to Nancy Kirk
To the extent necessary to effect this division of tax liclbility for income received in 2010 it is ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Donald Kirk as his separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of paltnership income where as between the parties he exercises substantially aU the management and control
IMMOKirllt Page 14 011 Agned FiMI Decee ofDi11Orte
-DC BK10258 PG1343
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
DC BK10258 PG1345
provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10258 PG1332
Donald Kirk is ORDERED to name Nancy Kirk as irrevocable beneficiary of the tOO percent survivor benefit associated with such retirement plan as more specifically identified herein and to provide Nancy Kirk proof of such ejection within 30 days of the date this Agreed Final Decree of Divorce is signed by the Court Donald Kirk is further ORDERED to take all future action that is required to designate or redesignate Nancy Kirk as survivor beneficiary to receive 100 percent of the community property portion of Donald Kirks retirement pay after the date of his death pursuant to the Special Provisions Relating to TRS Survivor Benefit contained herein
H-IO A sum equal to 100 percent of the balance of the Tomball Regional Hospital Retirement Plan account held in the name of Nancy Kirk as set forth more particularly in the Qualified Domestic Relations Order signed by the Court herein subject to his obligation to pay Nancy Kirk the sum of $15000 from such funds
It is ORDERED that Nancy Kirk is awarded the following as her sole and separate property either as a division of the parties community estate or confirmed as her separate property and Donald Kirk is divested of all right title interest and claim in and to that property
W -1 All household furniture furnishings fixtures goods urt objects collectibles appliances and equipment in the possession of Nancy Kirk or subject to her sole control
W -2 All clothing jeweJry and other personal effects in the possession of Nancy Kirk or subject to her sole control
W-3 All sums of cash in the possession of Nancy Kirk Of subject to Nancy Kirks sole control and all funds on deposit together with accrued but unpaid interest in the following banks savings institutions brokerage accounts or other financial institutions in the name of Nancy Kirk
Wells Fargo savings account no XXXX8739 Wells Fargo checking account no XXXX9520
W -4 All sums whether matured or unmatured accrued or unaccrued vested or otherwise together with all increases thereof the proceeds therefrom and any other rights related to the HCA 401(k) account held in the name of Nancy Kirk
W-5 A portion of Donald Kirks retirement benefits in the Teacher Retirement System of Texas arising out of Donald Kirks employment with Texas public schools as of the date that the Final Decree of Divorce is signed by the Court that portion being 50 percent of the amount earned or accrued during the parties marriage with survivor benefits as stated herein together with any interest dividends gains or losses on that amount arising
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since that date and more particularly defined in a Qualified Domestic Relations Order authorized to be signed by the Court on the day this Final Decree of Divorce is signed and the Special Provisions Relating to TRS Survivor Benefit contained herein
W-6 The 2003 GMC Yukon motor vehicle VlN IGKEC16Z13JtOl432 together with aU prepaid insurance keys and title documents
W-7 An undivided 50 percent interest in the real property and improvements located at 4 Windwood Court The Hills Travis County Texas more specifically described as
LOT 457 HILLS OF LAKEWAY PHASE FOUR A SUBDIVISION IN TRAVIS COUNTY TEXAS ACCORDING TO THE MAP OR PLAT OF RECORD IN VOLUME 81 PAGES 123 OF THE PLAT RECORDS OF TRA VIS COUNTY TEXAS
including but not limited to any escrow funds prepaid insurance utility deposits keys house plans home security access and code garage door opener warranties and service contracts and title and closing documents subject to the Special Provisions for Sale of Windwood Court Property contained herein
W-S All policies of life insurance (including cash values) insuring Nancy Kirks life
W-9 The sum of $15000 payable from Donald Kirk to Nancy Kirk upon his withdrawal of funds from the Tomball Regional Hospital retirement plan Donald Kirk is ORDERED to withdraw sufficient funds to pay Nancy Kirk $15000 as soon as he is notified that the funds have been moved into an IRA in his name Donald Kirk is further ORDERED to pay any and all taxes and applicable penalties that may accompany his withdrawal of funds from the retirement account awarded to him pursuant to this section
It is ORDERED that Donald Kirk shall pay as a part of the division of the estate of the parties and shaH indemnify and hold Nancy Kirk and her property harmless from any failure to so discharge these items
H-l Any and all debts charges liabilities and other obligations incurred solely by Donald Kirk unless specifically stated otherwise herein
H-2 All amounts due on the following debts
a Wells Fargo Visa account no XXXX8477 b All debt owed to Prosperity Bank by Donald Kirk individually or jointly
with Nancy Kirk c Any and all amounts owed to Mary and George Kirk d American Express account no XXXX2000
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H-3 Any and all attorneys and professionals fees and expenses incurred by Donald Kirk and not previously paid
Hmiddot4 All encumbrances ad valorem taxes liens assessments or other charges due or to become due on the real andlor personal property awarded to Donald Kirk or confirmed as his separate property in this decree unless express provision is made in this decree to the contrary including aU debt assessments taxes and other amounts due on the real estate and improvements located in South Fork Colorado and awarded to Donald Kirk herein
H-5 The monthly amount due on the mortgage principal and interest taxes and insurance associated with the real property and improvements located at 4 Windwood Court The Hills Travis County Texas until such time as the property is sold
H-6 The sum of $15000 payable from Donald Kirk to Nancy Kirk upon his withdrawal of funds from the Tomball Regional Hospital retirement plan Donald Kirk is ORDERED to withdraw sufficient funds to pay Nancy Kirk $15000 as soon as he is notified that the funds have been moved into an IRA in his name Donald Kirk is further ORDERED to pay any and all taxes and applicable penalties that may accompany his withdrawal of funds from the retirement account awarded to him pursuant to this section
It is ORDERED that Nancy Kirk shall pay as a part of the division of the estate of the parties and shall indemnify and hold Donald Kirk and his property harmless from any failure to so discharge these items
W -1 Any and all debts charges liabilities and other obligations incurred solely by Nancy Kirk except as specifically provided otherwise herein
W -2 Any and all attorneys and professionals fees and expenses incurred by Nancy Kirk and not previously paid
W -3 All encumbrances ad valorem taxes liens assessments or other charges due or to become due on the real andlor personal property awarded to Nancy Kirk or confirmed as her separate property in this decree unless express provision is made in this decree to the contrary
It is ORDERED that each party shall send to the other party within three days of its receipt a copy of any correspondence from a creditor or raxing authority concerning any potential liability of the other party
Special Provisions for JUT
The Court finds that the parties have created an Irrevocable Life Insurance Trust that is
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intended to receive the proceeds of a life insurance policy insuring the life of Donald Kirk The Court finds that the parties have agreed to remove all assets from such trust and each party is ORDERED to take all steps necessary to move all assets out of such trust within 60 days of the date this Agreed Final Decree of Divorce is signed by the Court AU costs associated with the tennination of the ILIT shall be paid by Donald Kirk
Special Provisions for Sale of4 Witulwood Court
The Court finds that the parties own as community property real property and improvements located at 4 Windwood Court The Hil1s Travis County Texas and that the parties have reached an agreement for the sale of the property and the division of the remaining net proceeds The Court approves the parties agreement and ORDERS as follows
1 Ownership and Lisuna of Property The parties shall continue to own the property as tenants-in-common and shall list the property for sale with an agreed-upon licensed Realtor who is active in the Austin metropolitan real fstate market at a listing price agreed upon by the parties The parties shall cooperate with each other and with the listing Realtor to achieve a speedy sale of the property at a price and according to terms that are acceptable to both parties It is ORDERED that a party shall not unreasonably or arbitrarily withhold his or her consent to adjust the listing price to facilitate a sale nor refuse to accept a bona fide offer to purchase the property if such offer reasonably meets or exceeds the parties asking price and terms
2 Repair and Make-Ready Expenses Both parties shall be responsible for making the arrangements for all agreed-upon repairs and make-ready projects if any as recommended in writing by their chosen Realtor It is ORDERED that the costs of all agreed-upon repairs and make-ready expenses shall be paid by Donald Kirk from the parties savings account if sufficient funds exist in that account or from his other accounts if sufficient funds do not exist in the savings account and it is further ORDERED that Donald Kirk shalJ be reimbursed for the amounts expended on agreedshyupon repairs and make-ready expenses from the proceeds of the sale of the property before such proceeds are divided between the parties Donald Kirk is ORDERED to provide receipts or other official documentation of the amount he has spent for agreedshyupon repairs and make-ready projects no fewer than seven days prior to the date the sale of the property is scheduled to close
3 Acceptance of OtTers The parties shall accept any bona fide cash offer that is acceptable to both parties or if the parties cannot agree as detennined by the arbitrator named herein Each party shall infonn and advise the other as to the status of any offers or negotiations concerning the sale of the property No offer to purchase the property at a price equal to or greater than the asking price then in effect shall be rejected except upon
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the written consent of both parties
4 Occupancy of the Property and Payment of Expenses The parties have agreed that Nancy Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold unless Nancy Kirk opts to vacate the premises before the property is sold as contemplated herein While she resides in the home Nancy Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times
While Nancy Kirk resides in the marital residence and it is on the market listed for sale expenses of the household shall be allocated between the parties as follows
Donald Kirk shall pay when due
a 100 of the monthly principal and interest payments on the property b 100 percent of all homeowners association dues or fees when due c 100 of all ad valorem taxes (whether paid monthly into escrow or in a lump sum
directly to the taxing authority) and d 100 of all homeowners insurance (whether paid monthly into escrow or in a
lump sum directly to the insurance company)
Donald Kirk shall further be responsible for performing maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
Nancy Kirk shall pay all expenses associated with her use of the property inc1uding but not limited to aU utilities services (other than those listed above) and personal expenses Nancy Kirk is ORDERED to pay Donald Kirk the sum of $lOOO per month as her share of the expenses relating to the home beginning September I 2010 and continuing on the first day of each month thereafter in which she resides in the property while it is on the market
Should the contract for sale of the property effective as of September I 2010 not close Nancy Kirk shall have the option to vacate the premises prior to the sale of the property In the event that Nancy Kirk vacates the premises the parties have agreed and it is ORDERED that Donald Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold
In the event Nancy Kirk vacates the property and Donald Kirk has exclusive use and possession of the property while it is on the market listed for sale all expenses relating to the property and Donald Kirks use of the property shull be paid by Donald Kirk
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Donald Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times Donald Kirk shall further be responsible for perfonning maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
5 Disposition of Casualty Insurance Proceeds If at anytime prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed by fire or other casualty to the extent that it is imprudent to repair or replace the same it is ORDERED that any insurance proceeds payable as a result of said destruction shall be divided as net proceeds from the sale of the property as defined herein If at any time prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed partially by fire or other casualty and it is prudent to repair or replace the same then any insurance proceeds collected by the parties for the repair andor replacement of said building tree andor other improvement shall be applied against the cost of repair or replacement subject to the superior rights of the lien holder
6 No Mortgage Pled_ or Encumbrance Each party is prohibited from mortgaging pledging or otherwise encumbering or alienating his or her interest in the property for any purpose without the prior written approval of the other party If at anytime either party violates the aforesaid covenant then the violating party shaU pay and be solely responsible for without contribution from the other party and shall hold the other party hannless from the full amount of any amount borrowed against the property
7 Reasonable Costs of Sale The parties agree that reaconable and necessary expenses incurred in connection with advertising marketing and closing of the sale of the property shall be paid from the sale proceeds of such property Such expenses shall include (without limitation) advertising signage brokerage and sales commissions survey title curation and proof (including title insurance andor abstract) recording fees title document preparation fees title transfer costs~ proration of taxes insurance and other normal closing costs associated with the closing of a sale of property of like kind and nature in the locale where the property is located
8 Basis and Capital Gain The parties agree that Nancy Kirk shall have as her share of the baiis in the property SO percent of the basis in the property on the date sale is closed and Nancy Kirks share of any gain (or loss) realized on the property for tax reporting purposes shall be 50 percent of the total gains (or loss) realized by the parties on the sale of the property The parties further agree that Donald Kirk shall have as his share of the basis in the property 50 percent of the ba~is of the property on the date sale is closed and
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Donald Kirks share of any gain (or loss) realized on the property for tax reporting purposes shal] be 50 percent of the total gain (or loss) realized by the parties on the sale of the property
9 Disposition of Net Proceeds For purposes of interpreting this Decree net proceeds shaU be defined as the sum remaining after payment of all outstanding liens prorated interest property taxes closing cost and those reasonable and necessary cost-of-sale expenses described in paragraph 7 above
Nancy Kirk and Donald Kirk have accepted the pending offer as of September 1 2010 H the property closes on the terms of the contract it is ORDERED that Nancy Kirk shall receive 100 percent of the net proceeds from the sale of the residence
Any refunds arising from prepaid homeowners insurance premiums related to the property or overages in escrow accounts are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk All refunded utility deposits are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk
Each party is ORDERED to sign any and all documents necessary to have the proceeds from the sale of the property distributed as the parties have agreed herein
Should the contract as of September 1 2010 not close then from the net proceeds from the sale of the property
a Each party shall be reimbursed for any agreed-upon repairs and make-ready expenses for which he or she has presented re(eipts or other official records of payment
b Nancy Kirk shall receive 100 percent of the first $10000 in net proceeds and
c Nancy Kirk shall receive 50 percent and Donald Kirk shall receive 50 percent of the remaining amount
10 Resolution of Disputes In the event a dispute arises between the parties regarding the sale or listing of the property and such dispute cannol be resolved by direct negotiation between the parties Nancy Kirk and Donald Kirk agree to submit the dispute to binding arbitration with attorney Keith Maples or an arbitrator to be selected by agreement of the parties in the event Keith Maples is unable or unwilling to arbitrate the matter In the event the parties cannot agree upon the selection of an arbitrator each party shall designate an arbitrator and those two arbitrators shall select the arbitrator The party wishing to invoke this arbitration provision shall give notice to the other party of such
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intention and his or her choice of arbitrators Any such dispute will be submitted to binding arbitration within five (5) business days of the receiving partys receipt of such notice Each party shall be responsible for 50 percent of the arbitrators fees
11 Income Tax Deductions Each party shall each be entitled to claim 50 percent of any federal income tax deductions for mortgage interest and property taxes related to the property In the event that giving one party or the other will save the parties more money than splitting the deductions the parties agree to assign all deductible expenses to the party for whom the greatest tax savings is realized and that party agrees to share the tax savings with the other party In the event the parties are unable to agree about this issue the issue shall be submitted to an agreed-upon CPA who will make a determination about which party shall claim the deductions and how much money should be paid to the other party to equalize the tax benefits of the deductions relating to the house
Special Provisions Relating 10 TRS Survivor Benefil
The Court finds that the parties have agreed and it is ORDERED that Donald Kirk shall elect the Option I benefit (as described on the correspondence from TRS attached as Exhibit A and incorporated for all purposes as if set our verbatim herein) for Nancy Kirk which names her as irrevocable survivor beneficiary to receive 100 percent of the amount of retirement pay attributable to the marriage that Donald Kirk receives during his lifetime at the time of his death The Court finds that the cost of such annuity is $31718 per month which will be deducted from Donald Kirks monthly retirement benefit during the period between the date he begins receiving retirement pay from TRS and the date of his death
The Court further finds that Nancy Kirk has agreed and she is hereby ORDERED as trustee for Donald Kirk or his estate to pay a portion of the retirement pay she receives after Donald Kirks death to his beneficiary(s) as designated in his Last Will and Testament or if he has no will to his heirs at law (heirnafer his Beneficiaries) Such portion shall be detennined as fol1ows
l As the trustee for Donald Kirks Beneficiaries Nancy Kirk shall reimburse herself an amount equaJ to $15859 for each month between the date Donald Kirk begins receiving retirement pay and the date of his death before payments are due to Donald Kirks Beneficiaries
2 After Nancy Kirk has been fully reimbursed for the premiums paid on the survivor benefit during Donald Kirks lifetime that are attributable to Donald Kirks Beneficiaries Nancy Kirk shall as Donald Kirks trustee pay to Donald Kirks Beneficiaries a sum equal to 50 percent of the total amount she receives as a survivor benefit after Donald Kirks death minus the sum of $15859 which she shall retain as reimbursement for 50
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percent of the premium paid for the benefit
By way of example if Nancy Kirk receives $10000 per month as payment under the provisions of TRSs survivor benefit she would pay to Donald Kirks Beneficiaries the sum of $5000 less $15859 for a total payment of $484141
Income Taxes
Liability for Federal Income Tam for Prior Years It is ORDERED that each party shall be responsible for 50 of all federal income tax liabilities of the parties from the date of marriage through December 31 2009 and shall timely pay 50 percent of any deficiencies assessments penalties or interest due thereon and shall indemnify and hold the other party and his or her property harmless from such liabilities The parties agree that nothing contained herein shall be construed as or is intended as a waiver of any rights that a party has under the Innocent Spouse provisions of the Internal Revenue Code
Tax Refund for Prior Years It is ORDERED that if a refund is made for overpayment of taxes for any year during the parties marriage through December 31 of 2009 each party shall be entitled to one-half of the refund and the party receiving the refund check is designated a constructi ve trustee for the benefit of the other party to the extent of one-half of the total amount of the refund and shall pay to the other party one-half of the 10tal amount of the refund check within five days of receipt of the refund check Each party is ORDERED to endorse a refund check on presentation by the other party
Taxes and Refunds for 2010 It is ORDERED that the parties shaH file their 2010 federal income tax returns in accordance with regulations of the Internal Revenue Service and report income and deductions in the manner required by IRS The parties may agree and elect an IRS-accepted alternative method for filing and reporting income for 2010 that benefits them both if recommended by their tax return preparer It is ORDERED that the parties will use the same CPA to prepare their separate income tax returns
It is ORDERED that unless money is owed by one party to the other because of the tax preparers recommendation Nancy Kirk and Donald Kirk shall each pay and shall each hold the other party and the other partys property harmless for all tax liability shown to be due and payable on hislher separate 2010 federal income tax return prepared as described above It is ORDERED that if money is owed by one party to the other based on the tax preparers recommended method of filing the paying party shall deliver the fund~ to the receiving party within three business days of the date the determination is made It is ORDERED that each party shall pay 100 of that partys tax return preparers fee chargfd for preparing that partys 2010 separate return
In the event the parties tax preparer determines that it is most beneficia] for the parties to
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partition their respective incomes for 2010 it is ORDERED Donald Kirk and Nancy Kirk shall file separate income tax returns for 2010 using the partition method of filing In connection with their separate returns it is ORDERED as follows
Donald Kirk shall report on his 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor consulting fees or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of partnership income where as between the parties he exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce and
4 any other income received by Donald Kirk and properly reportable by him under the Internal Revenue Code
It is further ORDERED that Donald Kirk shan claim and deduct
1 all deductible expenditures paid by him
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Donald Kirk in this Decree of Divorce
3 a1l income withheld from his earned income
4 all prepayments personally paid by him for the year 2010
5 50 percent of aU deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
6 non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Agreed Final Decree of Divorce and
7 a)] loss carry-forwards attributable to property awarded to Donald Kirk
It is ORDERED that Nancy Kirk shall report on her 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor
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consulting fees or professional fees and other amounts recei ved as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where as between the parties she exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
4 any other income received by Nancy Kirk and properly reportable by her under the Internal Revenue Code
It is further ORDERED that Nancy Kirk shall claim and deduct
1 all deductible expenditures paid by her
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Nancy Kirk in this Decree of Divorce
3 all income withheld from her earned income
4 all prepayments personally paid by her for the year 20 to
5 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The HiJIs Travis County Texas
6 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
7 all loss carry-forwards attributable to property awarded to Nancy Kirk
To the extent necessary to effect this division of tax liclbility for income received in 2010 it is ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Donald Kirk as his separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of paltnership income where as between the parties he exercises substantially aU the management and control
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3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
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confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
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provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
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Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
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understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10258 PG1333
since that date and more particularly defined in a Qualified Domestic Relations Order authorized to be signed by the Court on the day this Final Decree of Divorce is signed and the Special Provisions Relating to TRS Survivor Benefit contained herein
W-6 The 2003 GMC Yukon motor vehicle VlN IGKEC16Z13JtOl432 together with aU prepaid insurance keys and title documents
W-7 An undivided 50 percent interest in the real property and improvements located at 4 Windwood Court The Hills Travis County Texas more specifically described as
LOT 457 HILLS OF LAKEWAY PHASE FOUR A SUBDIVISION IN TRAVIS COUNTY TEXAS ACCORDING TO THE MAP OR PLAT OF RECORD IN VOLUME 81 PAGES 123 OF THE PLAT RECORDS OF TRA VIS COUNTY TEXAS
including but not limited to any escrow funds prepaid insurance utility deposits keys house plans home security access and code garage door opener warranties and service contracts and title and closing documents subject to the Special Provisions for Sale of Windwood Court Property contained herein
W-S All policies of life insurance (including cash values) insuring Nancy Kirks life
W-9 The sum of $15000 payable from Donald Kirk to Nancy Kirk upon his withdrawal of funds from the Tomball Regional Hospital retirement plan Donald Kirk is ORDERED to withdraw sufficient funds to pay Nancy Kirk $15000 as soon as he is notified that the funds have been moved into an IRA in his name Donald Kirk is further ORDERED to pay any and all taxes and applicable penalties that may accompany his withdrawal of funds from the retirement account awarded to him pursuant to this section
It is ORDERED that Donald Kirk shall pay as a part of the division of the estate of the parties and shaH indemnify and hold Nancy Kirk and her property harmless from any failure to so discharge these items
H-l Any and all debts charges liabilities and other obligations incurred solely by Donald Kirk unless specifically stated otherwise herein
H-2 All amounts due on the following debts
a Wells Fargo Visa account no XXXX8477 b All debt owed to Prosperity Bank by Donald Kirk individually or jointly
with Nancy Kirk c Any and all amounts owed to Mary and George Kirk d American Express account no XXXX2000
lMMOKirk Pap 5 of21 Agnlflil Final Decree ofDivorce
DC BK10258 PG1334
H-3 Any and all attorneys and professionals fees and expenses incurred by Donald Kirk and not previously paid
Hmiddot4 All encumbrances ad valorem taxes liens assessments or other charges due or to become due on the real andlor personal property awarded to Donald Kirk or confirmed as his separate property in this decree unless express provision is made in this decree to the contrary including aU debt assessments taxes and other amounts due on the real estate and improvements located in South Fork Colorado and awarded to Donald Kirk herein
H-5 The monthly amount due on the mortgage principal and interest taxes and insurance associated with the real property and improvements located at 4 Windwood Court The Hills Travis County Texas until such time as the property is sold
H-6 The sum of $15000 payable from Donald Kirk to Nancy Kirk upon his withdrawal of funds from the Tomball Regional Hospital retirement plan Donald Kirk is ORDERED to withdraw sufficient funds to pay Nancy Kirk $15000 as soon as he is notified that the funds have been moved into an IRA in his name Donald Kirk is further ORDERED to pay any and all taxes and applicable penalties that may accompany his withdrawal of funds from the retirement account awarded to him pursuant to this section
It is ORDERED that Nancy Kirk shall pay as a part of the division of the estate of the parties and shall indemnify and hold Donald Kirk and his property harmless from any failure to so discharge these items
W -1 Any and all debts charges liabilities and other obligations incurred solely by Nancy Kirk except as specifically provided otherwise herein
W -2 Any and all attorneys and professionals fees and expenses incurred by Nancy Kirk and not previously paid
W -3 All encumbrances ad valorem taxes liens assessments or other charges due or to become due on the real andlor personal property awarded to Nancy Kirk or confirmed as her separate property in this decree unless express provision is made in this decree to the contrary
It is ORDERED that each party shall send to the other party within three days of its receipt a copy of any correspondence from a creditor or raxing authority concerning any potential liability of the other party
Special Provisions for JUT
The Court finds that the parties have created an Irrevocable Life Insurance Trust that is
IMMOKirli Page60111 Agnled Final Decree 01Divorce
DC BK10258 PG1335
intended to receive the proceeds of a life insurance policy insuring the life of Donald Kirk The Court finds that the parties have agreed to remove all assets from such trust and each party is ORDERED to take all steps necessary to move all assets out of such trust within 60 days of the date this Agreed Final Decree of Divorce is signed by the Court AU costs associated with the tennination of the ILIT shall be paid by Donald Kirk
Special Provisions for Sale of4 Witulwood Court
The Court finds that the parties own as community property real property and improvements located at 4 Windwood Court The Hil1s Travis County Texas and that the parties have reached an agreement for the sale of the property and the division of the remaining net proceeds The Court approves the parties agreement and ORDERS as follows
1 Ownership and Lisuna of Property The parties shall continue to own the property as tenants-in-common and shall list the property for sale with an agreed-upon licensed Realtor who is active in the Austin metropolitan real fstate market at a listing price agreed upon by the parties The parties shall cooperate with each other and with the listing Realtor to achieve a speedy sale of the property at a price and according to terms that are acceptable to both parties It is ORDERED that a party shall not unreasonably or arbitrarily withhold his or her consent to adjust the listing price to facilitate a sale nor refuse to accept a bona fide offer to purchase the property if such offer reasonably meets or exceeds the parties asking price and terms
2 Repair and Make-Ready Expenses Both parties shall be responsible for making the arrangements for all agreed-upon repairs and make-ready projects if any as recommended in writing by their chosen Realtor It is ORDERED that the costs of all agreed-upon repairs and make-ready expenses shall be paid by Donald Kirk from the parties savings account if sufficient funds exist in that account or from his other accounts if sufficient funds do not exist in the savings account and it is further ORDERED that Donald Kirk shalJ be reimbursed for the amounts expended on agreedshyupon repairs and make-ready expenses from the proceeds of the sale of the property before such proceeds are divided between the parties Donald Kirk is ORDERED to provide receipts or other official documentation of the amount he has spent for agreedshyupon repairs and make-ready projects no fewer than seven days prior to the date the sale of the property is scheduled to close
3 Acceptance of OtTers The parties shall accept any bona fide cash offer that is acceptable to both parties or if the parties cannot agree as detennined by the arbitrator named herein Each party shall infonn and advise the other as to the status of any offers or negotiations concerning the sale of the property No offer to purchase the property at a price equal to or greater than the asking price then in effect shall be rejected except upon
IMMOKirlt ge 7 Dfll Agreed Final DecTfie ofDilorce
DC BK10258 PG1336
the written consent of both parties
4 Occupancy of the Property and Payment of Expenses The parties have agreed that Nancy Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold unless Nancy Kirk opts to vacate the premises before the property is sold as contemplated herein While she resides in the home Nancy Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times
While Nancy Kirk resides in the marital residence and it is on the market listed for sale expenses of the household shall be allocated between the parties as follows
Donald Kirk shall pay when due
a 100 of the monthly principal and interest payments on the property b 100 percent of all homeowners association dues or fees when due c 100 of all ad valorem taxes (whether paid monthly into escrow or in a lump sum
directly to the taxing authority) and d 100 of all homeowners insurance (whether paid monthly into escrow or in a
lump sum directly to the insurance company)
Donald Kirk shall further be responsible for performing maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
Nancy Kirk shall pay all expenses associated with her use of the property inc1uding but not limited to aU utilities services (other than those listed above) and personal expenses Nancy Kirk is ORDERED to pay Donald Kirk the sum of $lOOO per month as her share of the expenses relating to the home beginning September I 2010 and continuing on the first day of each month thereafter in which she resides in the property while it is on the market
Should the contract for sale of the property effective as of September I 2010 not close Nancy Kirk shall have the option to vacate the premises prior to the sale of the property In the event that Nancy Kirk vacates the premises the parties have agreed and it is ORDERED that Donald Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold
In the event Nancy Kirk vacates the property and Donald Kirk has exclusive use and possession of the property while it is on the market listed for sale all expenses relating to the property and Donald Kirks use of the property shull be paid by Donald Kirk
IMM((irk Page8of21 Agrlled Pinal Decree ofDivorce
DC BK10268 PG1337
Donald Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times Donald Kirk shall further be responsible for perfonning maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
5 Disposition of Casualty Insurance Proceeds If at anytime prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed by fire or other casualty to the extent that it is imprudent to repair or replace the same it is ORDERED that any insurance proceeds payable as a result of said destruction shall be divided as net proceeds from the sale of the property as defined herein If at any time prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed partially by fire or other casualty and it is prudent to repair or replace the same then any insurance proceeds collected by the parties for the repair andor replacement of said building tree andor other improvement shall be applied against the cost of repair or replacement subject to the superior rights of the lien holder
6 No Mortgage Pled_ or Encumbrance Each party is prohibited from mortgaging pledging or otherwise encumbering or alienating his or her interest in the property for any purpose without the prior written approval of the other party If at anytime either party violates the aforesaid covenant then the violating party shaU pay and be solely responsible for without contribution from the other party and shall hold the other party hannless from the full amount of any amount borrowed against the property
7 Reasonable Costs of Sale The parties agree that reaconable and necessary expenses incurred in connection with advertising marketing and closing of the sale of the property shall be paid from the sale proceeds of such property Such expenses shall include (without limitation) advertising signage brokerage and sales commissions survey title curation and proof (including title insurance andor abstract) recording fees title document preparation fees title transfer costs~ proration of taxes insurance and other normal closing costs associated with the closing of a sale of property of like kind and nature in the locale where the property is located
8 Basis and Capital Gain The parties agree that Nancy Kirk shall have as her share of the baiis in the property SO percent of the basis in the property on the date sale is closed and Nancy Kirks share of any gain (or loss) realized on the property for tax reporting purposes shall be 50 percent of the total gains (or loss) realized by the parties on the sale of the property The parties further agree that Donald Kirk shall have as his share of the basis in the property 50 percent of the ba~is of the property on the date sale is closed and
IMMOKirlc PlIll90f21 Agreed Final Decrllll ofDivorce
DC BK10258 PG1338
Donald Kirks share of any gain (or loss) realized on the property for tax reporting purposes shal] be 50 percent of the total gain (or loss) realized by the parties on the sale of the property
9 Disposition of Net Proceeds For purposes of interpreting this Decree net proceeds shaU be defined as the sum remaining after payment of all outstanding liens prorated interest property taxes closing cost and those reasonable and necessary cost-of-sale expenses described in paragraph 7 above
Nancy Kirk and Donald Kirk have accepted the pending offer as of September 1 2010 H the property closes on the terms of the contract it is ORDERED that Nancy Kirk shall receive 100 percent of the net proceeds from the sale of the residence
Any refunds arising from prepaid homeowners insurance premiums related to the property or overages in escrow accounts are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk All refunded utility deposits are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk
Each party is ORDERED to sign any and all documents necessary to have the proceeds from the sale of the property distributed as the parties have agreed herein
Should the contract as of September 1 2010 not close then from the net proceeds from the sale of the property
a Each party shall be reimbursed for any agreed-upon repairs and make-ready expenses for which he or she has presented re(eipts or other official records of payment
b Nancy Kirk shall receive 100 percent of the first $10000 in net proceeds and
c Nancy Kirk shall receive 50 percent and Donald Kirk shall receive 50 percent of the remaining amount
10 Resolution of Disputes In the event a dispute arises between the parties regarding the sale or listing of the property and such dispute cannol be resolved by direct negotiation between the parties Nancy Kirk and Donald Kirk agree to submit the dispute to binding arbitration with attorney Keith Maples or an arbitrator to be selected by agreement of the parties in the event Keith Maples is unable or unwilling to arbitrate the matter In the event the parties cannot agree upon the selection of an arbitrator each party shall designate an arbitrator and those two arbitrators shall select the arbitrator The party wishing to invoke this arbitration provision shall give notice to the other party of such
Page lOof2I Agreed FitullDecree ofDivorce
-DC BK10258 PG1339
intention and his or her choice of arbitrators Any such dispute will be submitted to binding arbitration within five (5) business days of the receiving partys receipt of such notice Each party shall be responsible for 50 percent of the arbitrators fees
11 Income Tax Deductions Each party shall each be entitled to claim 50 percent of any federal income tax deductions for mortgage interest and property taxes related to the property In the event that giving one party or the other will save the parties more money than splitting the deductions the parties agree to assign all deductible expenses to the party for whom the greatest tax savings is realized and that party agrees to share the tax savings with the other party In the event the parties are unable to agree about this issue the issue shall be submitted to an agreed-upon CPA who will make a determination about which party shall claim the deductions and how much money should be paid to the other party to equalize the tax benefits of the deductions relating to the house
Special Provisions Relating 10 TRS Survivor Benefil
The Court finds that the parties have agreed and it is ORDERED that Donald Kirk shall elect the Option I benefit (as described on the correspondence from TRS attached as Exhibit A and incorporated for all purposes as if set our verbatim herein) for Nancy Kirk which names her as irrevocable survivor beneficiary to receive 100 percent of the amount of retirement pay attributable to the marriage that Donald Kirk receives during his lifetime at the time of his death The Court finds that the cost of such annuity is $31718 per month which will be deducted from Donald Kirks monthly retirement benefit during the period between the date he begins receiving retirement pay from TRS and the date of his death
The Court further finds that Nancy Kirk has agreed and she is hereby ORDERED as trustee for Donald Kirk or his estate to pay a portion of the retirement pay she receives after Donald Kirks death to his beneficiary(s) as designated in his Last Will and Testament or if he has no will to his heirs at law (heirnafer his Beneficiaries) Such portion shall be detennined as fol1ows
l As the trustee for Donald Kirks Beneficiaries Nancy Kirk shall reimburse herself an amount equaJ to $15859 for each month between the date Donald Kirk begins receiving retirement pay and the date of his death before payments are due to Donald Kirks Beneficiaries
2 After Nancy Kirk has been fully reimbursed for the premiums paid on the survivor benefit during Donald Kirks lifetime that are attributable to Donald Kirks Beneficiaries Nancy Kirk shall as Donald Kirks trustee pay to Donald Kirks Beneficiaries a sum equal to 50 percent of the total amount she receives as a survivor benefit after Donald Kirks death minus the sum of $15859 which she shall retain as reimbursement for 50
IMMOKirk Agreed Firtal Decree ojDivorce111 oJ2
DC BK10268 PG1340
percent of the premium paid for the benefit
By way of example if Nancy Kirk receives $10000 per month as payment under the provisions of TRSs survivor benefit she would pay to Donald Kirks Beneficiaries the sum of $5000 less $15859 for a total payment of $484141
Income Taxes
Liability for Federal Income Tam for Prior Years It is ORDERED that each party shall be responsible for 50 of all federal income tax liabilities of the parties from the date of marriage through December 31 2009 and shall timely pay 50 percent of any deficiencies assessments penalties or interest due thereon and shall indemnify and hold the other party and his or her property harmless from such liabilities The parties agree that nothing contained herein shall be construed as or is intended as a waiver of any rights that a party has under the Innocent Spouse provisions of the Internal Revenue Code
Tax Refund for Prior Years It is ORDERED that if a refund is made for overpayment of taxes for any year during the parties marriage through December 31 of 2009 each party shall be entitled to one-half of the refund and the party receiving the refund check is designated a constructi ve trustee for the benefit of the other party to the extent of one-half of the total amount of the refund and shall pay to the other party one-half of the 10tal amount of the refund check within five days of receipt of the refund check Each party is ORDERED to endorse a refund check on presentation by the other party
Taxes and Refunds for 2010 It is ORDERED that the parties shaH file their 2010 federal income tax returns in accordance with regulations of the Internal Revenue Service and report income and deductions in the manner required by IRS The parties may agree and elect an IRS-accepted alternative method for filing and reporting income for 2010 that benefits them both if recommended by their tax return preparer It is ORDERED that the parties will use the same CPA to prepare their separate income tax returns
It is ORDERED that unless money is owed by one party to the other because of the tax preparers recommendation Nancy Kirk and Donald Kirk shall each pay and shall each hold the other party and the other partys property harmless for all tax liability shown to be due and payable on hislher separate 2010 federal income tax return prepared as described above It is ORDERED that if money is owed by one party to the other based on the tax preparers recommended method of filing the paying party shall deliver the fund~ to the receiving party within three business days of the date the determination is made It is ORDERED that each party shall pay 100 of that partys tax return preparers fee chargfd for preparing that partys 2010 separate return
In the event the parties tax preparer determines that it is most beneficia] for the parties to
IMMOKirk Page I2021 Agreed illal Decree ofDi~oce
-DC BK10258 PG1341
partition their respective incomes for 2010 it is ORDERED Donald Kirk and Nancy Kirk shall file separate income tax returns for 2010 using the partition method of filing In connection with their separate returns it is ORDERED as follows
Donald Kirk shall report on his 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor consulting fees or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of partnership income where as between the parties he exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce and
4 any other income received by Donald Kirk and properly reportable by him under the Internal Revenue Code
It is further ORDERED that Donald Kirk shan claim and deduct
1 all deductible expenditures paid by him
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Donald Kirk in this Decree of Divorce
3 a1l income withheld from his earned income
4 all prepayments personally paid by him for the year 2010
5 50 percent of aU deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
6 non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Agreed Final Decree of Divorce and
7 a)] loss carry-forwards attributable to property awarded to Donald Kirk
It is ORDERED that Nancy Kirk shall report on her 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor
IMMOKirk Pag6 13021 Agnltl Fintlllkcnl6 ooorce
-shyDC BK10268 PG1342
consulting fees or professional fees and other amounts recei ved as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where as between the parties she exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
4 any other income received by Nancy Kirk and properly reportable by her under the Internal Revenue Code
It is further ORDERED that Nancy Kirk shall claim and deduct
1 all deductible expenditures paid by her
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Nancy Kirk in this Decree of Divorce
3 all income withheld from her earned income
4 all prepayments personally paid by her for the year 20 to
5 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The HiJIs Travis County Texas
6 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
7 all loss carry-forwards attributable to property awarded to Nancy Kirk
To the extent necessary to effect this division of tax liclbility for income received in 2010 it is ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Donald Kirk as his separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of paltnership income where as between the parties he exercises substantially aU the management and control
IMMOKirllt Page 14 011 Agned FiMI Decee ofDi11Orte
-DC BK10258 PG1343
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
DC BK10258 PG1345
provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10258 PG1334
H-3 Any and all attorneys and professionals fees and expenses incurred by Donald Kirk and not previously paid
Hmiddot4 All encumbrances ad valorem taxes liens assessments or other charges due or to become due on the real andlor personal property awarded to Donald Kirk or confirmed as his separate property in this decree unless express provision is made in this decree to the contrary including aU debt assessments taxes and other amounts due on the real estate and improvements located in South Fork Colorado and awarded to Donald Kirk herein
H-5 The monthly amount due on the mortgage principal and interest taxes and insurance associated with the real property and improvements located at 4 Windwood Court The Hills Travis County Texas until such time as the property is sold
H-6 The sum of $15000 payable from Donald Kirk to Nancy Kirk upon his withdrawal of funds from the Tomball Regional Hospital retirement plan Donald Kirk is ORDERED to withdraw sufficient funds to pay Nancy Kirk $15000 as soon as he is notified that the funds have been moved into an IRA in his name Donald Kirk is further ORDERED to pay any and all taxes and applicable penalties that may accompany his withdrawal of funds from the retirement account awarded to him pursuant to this section
It is ORDERED that Nancy Kirk shall pay as a part of the division of the estate of the parties and shall indemnify and hold Donald Kirk and his property harmless from any failure to so discharge these items
W -1 Any and all debts charges liabilities and other obligations incurred solely by Nancy Kirk except as specifically provided otherwise herein
W -2 Any and all attorneys and professionals fees and expenses incurred by Nancy Kirk and not previously paid
W -3 All encumbrances ad valorem taxes liens assessments or other charges due or to become due on the real andlor personal property awarded to Nancy Kirk or confirmed as her separate property in this decree unless express provision is made in this decree to the contrary
It is ORDERED that each party shall send to the other party within three days of its receipt a copy of any correspondence from a creditor or raxing authority concerning any potential liability of the other party
Special Provisions for JUT
The Court finds that the parties have created an Irrevocable Life Insurance Trust that is
IMMOKirli Page60111 Agnled Final Decree 01Divorce
DC BK10258 PG1335
intended to receive the proceeds of a life insurance policy insuring the life of Donald Kirk The Court finds that the parties have agreed to remove all assets from such trust and each party is ORDERED to take all steps necessary to move all assets out of such trust within 60 days of the date this Agreed Final Decree of Divorce is signed by the Court AU costs associated with the tennination of the ILIT shall be paid by Donald Kirk
Special Provisions for Sale of4 Witulwood Court
The Court finds that the parties own as community property real property and improvements located at 4 Windwood Court The Hil1s Travis County Texas and that the parties have reached an agreement for the sale of the property and the division of the remaining net proceeds The Court approves the parties agreement and ORDERS as follows
1 Ownership and Lisuna of Property The parties shall continue to own the property as tenants-in-common and shall list the property for sale with an agreed-upon licensed Realtor who is active in the Austin metropolitan real fstate market at a listing price agreed upon by the parties The parties shall cooperate with each other and with the listing Realtor to achieve a speedy sale of the property at a price and according to terms that are acceptable to both parties It is ORDERED that a party shall not unreasonably or arbitrarily withhold his or her consent to adjust the listing price to facilitate a sale nor refuse to accept a bona fide offer to purchase the property if such offer reasonably meets or exceeds the parties asking price and terms
2 Repair and Make-Ready Expenses Both parties shall be responsible for making the arrangements for all agreed-upon repairs and make-ready projects if any as recommended in writing by their chosen Realtor It is ORDERED that the costs of all agreed-upon repairs and make-ready expenses shall be paid by Donald Kirk from the parties savings account if sufficient funds exist in that account or from his other accounts if sufficient funds do not exist in the savings account and it is further ORDERED that Donald Kirk shalJ be reimbursed for the amounts expended on agreedshyupon repairs and make-ready expenses from the proceeds of the sale of the property before such proceeds are divided between the parties Donald Kirk is ORDERED to provide receipts or other official documentation of the amount he has spent for agreedshyupon repairs and make-ready projects no fewer than seven days prior to the date the sale of the property is scheduled to close
3 Acceptance of OtTers The parties shall accept any bona fide cash offer that is acceptable to both parties or if the parties cannot agree as detennined by the arbitrator named herein Each party shall infonn and advise the other as to the status of any offers or negotiations concerning the sale of the property No offer to purchase the property at a price equal to or greater than the asking price then in effect shall be rejected except upon
IMMOKirlt ge 7 Dfll Agreed Final DecTfie ofDilorce
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the written consent of both parties
4 Occupancy of the Property and Payment of Expenses The parties have agreed that Nancy Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold unless Nancy Kirk opts to vacate the premises before the property is sold as contemplated herein While she resides in the home Nancy Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times
While Nancy Kirk resides in the marital residence and it is on the market listed for sale expenses of the household shall be allocated between the parties as follows
Donald Kirk shall pay when due
a 100 of the monthly principal and interest payments on the property b 100 percent of all homeowners association dues or fees when due c 100 of all ad valorem taxes (whether paid monthly into escrow or in a lump sum
directly to the taxing authority) and d 100 of all homeowners insurance (whether paid monthly into escrow or in a
lump sum directly to the insurance company)
Donald Kirk shall further be responsible for performing maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
Nancy Kirk shall pay all expenses associated with her use of the property inc1uding but not limited to aU utilities services (other than those listed above) and personal expenses Nancy Kirk is ORDERED to pay Donald Kirk the sum of $lOOO per month as her share of the expenses relating to the home beginning September I 2010 and continuing on the first day of each month thereafter in which she resides in the property while it is on the market
Should the contract for sale of the property effective as of September I 2010 not close Nancy Kirk shall have the option to vacate the premises prior to the sale of the property In the event that Nancy Kirk vacates the premises the parties have agreed and it is ORDERED that Donald Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold
In the event Nancy Kirk vacates the property and Donald Kirk has exclusive use and possession of the property while it is on the market listed for sale all expenses relating to the property and Donald Kirks use of the property shull be paid by Donald Kirk
IMM((irk Page8of21 Agrlled Pinal Decree ofDivorce
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Donald Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times Donald Kirk shall further be responsible for perfonning maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
5 Disposition of Casualty Insurance Proceeds If at anytime prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed by fire or other casualty to the extent that it is imprudent to repair or replace the same it is ORDERED that any insurance proceeds payable as a result of said destruction shall be divided as net proceeds from the sale of the property as defined herein If at any time prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed partially by fire or other casualty and it is prudent to repair or replace the same then any insurance proceeds collected by the parties for the repair andor replacement of said building tree andor other improvement shall be applied against the cost of repair or replacement subject to the superior rights of the lien holder
6 No Mortgage Pled_ or Encumbrance Each party is prohibited from mortgaging pledging or otherwise encumbering or alienating his or her interest in the property for any purpose without the prior written approval of the other party If at anytime either party violates the aforesaid covenant then the violating party shaU pay and be solely responsible for without contribution from the other party and shall hold the other party hannless from the full amount of any amount borrowed against the property
7 Reasonable Costs of Sale The parties agree that reaconable and necessary expenses incurred in connection with advertising marketing and closing of the sale of the property shall be paid from the sale proceeds of such property Such expenses shall include (without limitation) advertising signage brokerage and sales commissions survey title curation and proof (including title insurance andor abstract) recording fees title document preparation fees title transfer costs~ proration of taxes insurance and other normal closing costs associated with the closing of a sale of property of like kind and nature in the locale where the property is located
8 Basis and Capital Gain The parties agree that Nancy Kirk shall have as her share of the baiis in the property SO percent of the basis in the property on the date sale is closed and Nancy Kirks share of any gain (or loss) realized on the property for tax reporting purposes shall be 50 percent of the total gains (or loss) realized by the parties on the sale of the property The parties further agree that Donald Kirk shall have as his share of the basis in the property 50 percent of the ba~is of the property on the date sale is closed and
IMMOKirlc PlIll90f21 Agreed Final Decrllll ofDivorce
DC BK10258 PG1338
Donald Kirks share of any gain (or loss) realized on the property for tax reporting purposes shal] be 50 percent of the total gain (or loss) realized by the parties on the sale of the property
9 Disposition of Net Proceeds For purposes of interpreting this Decree net proceeds shaU be defined as the sum remaining after payment of all outstanding liens prorated interest property taxes closing cost and those reasonable and necessary cost-of-sale expenses described in paragraph 7 above
Nancy Kirk and Donald Kirk have accepted the pending offer as of September 1 2010 H the property closes on the terms of the contract it is ORDERED that Nancy Kirk shall receive 100 percent of the net proceeds from the sale of the residence
Any refunds arising from prepaid homeowners insurance premiums related to the property or overages in escrow accounts are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk All refunded utility deposits are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk
Each party is ORDERED to sign any and all documents necessary to have the proceeds from the sale of the property distributed as the parties have agreed herein
Should the contract as of September 1 2010 not close then from the net proceeds from the sale of the property
a Each party shall be reimbursed for any agreed-upon repairs and make-ready expenses for which he or she has presented re(eipts or other official records of payment
b Nancy Kirk shall receive 100 percent of the first $10000 in net proceeds and
c Nancy Kirk shall receive 50 percent and Donald Kirk shall receive 50 percent of the remaining amount
10 Resolution of Disputes In the event a dispute arises between the parties regarding the sale or listing of the property and such dispute cannol be resolved by direct negotiation between the parties Nancy Kirk and Donald Kirk agree to submit the dispute to binding arbitration with attorney Keith Maples or an arbitrator to be selected by agreement of the parties in the event Keith Maples is unable or unwilling to arbitrate the matter In the event the parties cannot agree upon the selection of an arbitrator each party shall designate an arbitrator and those two arbitrators shall select the arbitrator The party wishing to invoke this arbitration provision shall give notice to the other party of such
Page lOof2I Agreed FitullDecree ofDivorce
-DC BK10258 PG1339
intention and his or her choice of arbitrators Any such dispute will be submitted to binding arbitration within five (5) business days of the receiving partys receipt of such notice Each party shall be responsible for 50 percent of the arbitrators fees
11 Income Tax Deductions Each party shall each be entitled to claim 50 percent of any federal income tax deductions for mortgage interest and property taxes related to the property In the event that giving one party or the other will save the parties more money than splitting the deductions the parties agree to assign all deductible expenses to the party for whom the greatest tax savings is realized and that party agrees to share the tax savings with the other party In the event the parties are unable to agree about this issue the issue shall be submitted to an agreed-upon CPA who will make a determination about which party shall claim the deductions and how much money should be paid to the other party to equalize the tax benefits of the deductions relating to the house
Special Provisions Relating 10 TRS Survivor Benefil
The Court finds that the parties have agreed and it is ORDERED that Donald Kirk shall elect the Option I benefit (as described on the correspondence from TRS attached as Exhibit A and incorporated for all purposes as if set our verbatim herein) for Nancy Kirk which names her as irrevocable survivor beneficiary to receive 100 percent of the amount of retirement pay attributable to the marriage that Donald Kirk receives during his lifetime at the time of his death The Court finds that the cost of such annuity is $31718 per month which will be deducted from Donald Kirks monthly retirement benefit during the period between the date he begins receiving retirement pay from TRS and the date of his death
The Court further finds that Nancy Kirk has agreed and she is hereby ORDERED as trustee for Donald Kirk or his estate to pay a portion of the retirement pay she receives after Donald Kirks death to his beneficiary(s) as designated in his Last Will and Testament or if he has no will to his heirs at law (heirnafer his Beneficiaries) Such portion shall be detennined as fol1ows
l As the trustee for Donald Kirks Beneficiaries Nancy Kirk shall reimburse herself an amount equaJ to $15859 for each month between the date Donald Kirk begins receiving retirement pay and the date of his death before payments are due to Donald Kirks Beneficiaries
2 After Nancy Kirk has been fully reimbursed for the premiums paid on the survivor benefit during Donald Kirks lifetime that are attributable to Donald Kirks Beneficiaries Nancy Kirk shall as Donald Kirks trustee pay to Donald Kirks Beneficiaries a sum equal to 50 percent of the total amount she receives as a survivor benefit after Donald Kirks death minus the sum of $15859 which she shall retain as reimbursement for 50
IMMOKirk Agreed Firtal Decree ojDivorce111 oJ2
DC BK10268 PG1340
percent of the premium paid for the benefit
By way of example if Nancy Kirk receives $10000 per month as payment under the provisions of TRSs survivor benefit she would pay to Donald Kirks Beneficiaries the sum of $5000 less $15859 for a total payment of $484141
Income Taxes
Liability for Federal Income Tam for Prior Years It is ORDERED that each party shall be responsible for 50 of all federal income tax liabilities of the parties from the date of marriage through December 31 2009 and shall timely pay 50 percent of any deficiencies assessments penalties or interest due thereon and shall indemnify and hold the other party and his or her property harmless from such liabilities The parties agree that nothing contained herein shall be construed as or is intended as a waiver of any rights that a party has under the Innocent Spouse provisions of the Internal Revenue Code
Tax Refund for Prior Years It is ORDERED that if a refund is made for overpayment of taxes for any year during the parties marriage through December 31 of 2009 each party shall be entitled to one-half of the refund and the party receiving the refund check is designated a constructi ve trustee for the benefit of the other party to the extent of one-half of the total amount of the refund and shall pay to the other party one-half of the 10tal amount of the refund check within five days of receipt of the refund check Each party is ORDERED to endorse a refund check on presentation by the other party
Taxes and Refunds for 2010 It is ORDERED that the parties shaH file their 2010 federal income tax returns in accordance with regulations of the Internal Revenue Service and report income and deductions in the manner required by IRS The parties may agree and elect an IRS-accepted alternative method for filing and reporting income for 2010 that benefits them both if recommended by their tax return preparer It is ORDERED that the parties will use the same CPA to prepare their separate income tax returns
It is ORDERED that unless money is owed by one party to the other because of the tax preparers recommendation Nancy Kirk and Donald Kirk shall each pay and shall each hold the other party and the other partys property harmless for all tax liability shown to be due and payable on hislher separate 2010 federal income tax return prepared as described above It is ORDERED that if money is owed by one party to the other based on the tax preparers recommended method of filing the paying party shall deliver the fund~ to the receiving party within three business days of the date the determination is made It is ORDERED that each party shall pay 100 of that partys tax return preparers fee chargfd for preparing that partys 2010 separate return
In the event the parties tax preparer determines that it is most beneficia] for the parties to
IMMOKirk Page I2021 Agreed illal Decree ofDi~oce
-DC BK10258 PG1341
partition their respective incomes for 2010 it is ORDERED Donald Kirk and Nancy Kirk shall file separate income tax returns for 2010 using the partition method of filing In connection with their separate returns it is ORDERED as follows
Donald Kirk shall report on his 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor consulting fees or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of partnership income where as between the parties he exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce and
4 any other income received by Donald Kirk and properly reportable by him under the Internal Revenue Code
It is further ORDERED that Donald Kirk shan claim and deduct
1 all deductible expenditures paid by him
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Donald Kirk in this Decree of Divorce
3 a1l income withheld from his earned income
4 all prepayments personally paid by him for the year 2010
5 50 percent of aU deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
6 non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Agreed Final Decree of Divorce and
7 a)] loss carry-forwards attributable to property awarded to Donald Kirk
It is ORDERED that Nancy Kirk shall report on her 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor
IMMOKirk Pag6 13021 Agnltl Fintlllkcnl6 ooorce
-shyDC BK10268 PG1342
consulting fees or professional fees and other amounts recei ved as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where as between the parties she exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
4 any other income received by Nancy Kirk and properly reportable by her under the Internal Revenue Code
It is further ORDERED that Nancy Kirk shall claim and deduct
1 all deductible expenditures paid by her
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Nancy Kirk in this Decree of Divorce
3 all income withheld from her earned income
4 all prepayments personally paid by her for the year 20 to
5 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The HiJIs Travis County Texas
6 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
7 all loss carry-forwards attributable to property awarded to Nancy Kirk
To the extent necessary to effect this division of tax liclbility for income received in 2010 it is ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Donald Kirk as his separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of paltnership income where as between the parties he exercises substantially aU the management and control
IMMOKirllt Page 14 011 Agned FiMI Decee ofDi11Orte
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3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
DC BK10258 PG1345
provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10258 PG1335
intended to receive the proceeds of a life insurance policy insuring the life of Donald Kirk The Court finds that the parties have agreed to remove all assets from such trust and each party is ORDERED to take all steps necessary to move all assets out of such trust within 60 days of the date this Agreed Final Decree of Divorce is signed by the Court AU costs associated with the tennination of the ILIT shall be paid by Donald Kirk
Special Provisions for Sale of4 Witulwood Court
The Court finds that the parties own as community property real property and improvements located at 4 Windwood Court The Hil1s Travis County Texas and that the parties have reached an agreement for the sale of the property and the division of the remaining net proceeds The Court approves the parties agreement and ORDERS as follows
1 Ownership and Lisuna of Property The parties shall continue to own the property as tenants-in-common and shall list the property for sale with an agreed-upon licensed Realtor who is active in the Austin metropolitan real fstate market at a listing price agreed upon by the parties The parties shall cooperate with each other and with the listing Realtor to achieve a speedy sale of the property at a price and according to terms that are acceptable to both parties It is ORDERED that a party shall not unreasonably or arbitrarily withhold his or her consent to adjust the listing price to facilitate a sale nor refuse to accept a bona fide offer to purchase the property if such offer reasonably meets or exceeds the parties asking price and terms
2 Repair and Make-Ready Expenses Both parties shall be responsible for making the arrangements for all agreed-upon repairs and make-ready projects if any as recommended in writing by their chosen Realtor It is ORDERED that the costs of all agreed-upon repairs and make-ready expenses shall be paid by Donald Kirk from the parties savings account if sufficient funds exist in that account or from his other accounts if sufficient funds do not exist in the savings account and it is further ORDERED that Donald Kirk shalJ be reimbursed for the amounts expended on agreedshyupon repairs and make-ready expenses from the proceeds of the sale of the property before such proceeds are divided between the parties Donald Kirk is ORDERED to provide receipts or other official documentation of the amount he has spent for agreedshyupon repairs and make-ready projects no fewer than seven days prior to the date the sale of the property is scheduled to close
3 Acceptance of OtTers The parties shall accept any bona fide cash offer that is acceptable to both parties or if the parties cannot agree as detennined by the arbitrator named herein Each party shall infonn and advise the other as to the status of any offers or negotiations concerning the sale of the property No offer to purchase the property at a price equal to or greater than the asking price then in effect shall be rejected except upon
IMMOKirlt ge 7 Dfll Agreed Final DecTfie ofDilorce
DC BK10258 PG1336
the written consent of both parties
4 Occupancy of the Property and Payment of Expenses The parties have agreed that Nancy Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold unless Nancy Kirk opts to vacate the premises before the property is sold as contemplated herein While she resides in the home Nancy Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times
While Nancy Kirk resides in the marital residence and it is on the market listed for sale expenses of the household shall be allocated between the parties as follows
Donald Kirk shall pay when due
a 100 of the monthly principal and interest payments on the property b 100 percent of all homeowners association dues or fees when due c 100 of all ad valorem taxes (whether paid monthly into escrow or in a lump sum
directly to the taxing authority) and d 100 of all homeowners insurance (whether paid monthly into escrow or in a
lump sum directly to the insurance company)
Donald Kirk shall further be responsible for performing maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
Nancy Kirk shall pay all expenses associated with her use of the property inc1uding but not limited to aU utilities services (other than those listed above) and personal expenses Nancy Kirk is ORDERED to pay Donald Kirk the sum of $lOOO per month as her share of the expenses relating to the home beginning September I 2010 and continuing on the first day of each month thereafter in which she resides in the property while it is on the market
Should the contract for sale of the property effective as of September I 2010 not close Nancy Kirk shall have the option to vacate the premises prior to the sale of the property In the event that Nancy Kirk vacates the premises the parties have agreed and it is ORDERED that Donald Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold
In the event Nancy Kirk vacates the property and Donald Kirk has exclusive use and possession of the property while it is on the market listed for sale all expenses relating to the property and Donald Kirks use of the property shull be paid by Donald Kirk
IMM((irk Page8of21 Agrlled Pinal Decree ofDivorce
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Donald Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times Donald Kirk shall further be responsible for perfonning maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
5 Disposition of Casualty Insurance Proceeds If at anytime prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed by fire or other casualty to the extent that it is imprudent to repair or replace the same it is ORDERED that any insurance proceeds payable as a result of said destruction shall be divided as net proceeds from the sale of the property as defined herein If at any time prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed partially by fire or other casualty and it is prudent to repair or replace the same then any insurance proceeds collected by the parties for the repair andor replacement of said building tree andor other improvement shall be applied against the cost of repair or replacement subject to the superior rights of the lien holder
6 No Mortgage Pled_ or Encumbrance Each party is prohibited from mortgaging pledging or otherwise encumbering or alienating his or her interest in the property for any purpose without the prior written approval of the other party If at anytime either party violates the aforesaid covenant then the violating party shaU pay and be solely responsible for without contribution from the other party and shall hold the other party hannless from the full amount of any amount borrowed against the property
7 Reasonable Costs of Sale The parties agree that reaconable and necessary expenses incurred in connection with advertising marketing and closing of the sale of the property shall be paid from the sale proceeds of such property Such expenses shall include (without limitation) advertising signage brokerage and sales commissions survey title curation and proof (including title insurance andor abstract) recording fees title document preparation fees title transfer costs~ proration of taxes insurance and other normal closing costs associated with the closing of a sale of property of like kind and nature in the locale where the property is located
8 Basis and Capital Gain The parties agree that Nancy Kirk shall have as her share of the baiis in the property SO percent of the basis in the property on the date sale is closed and Nancy Kirks share of any gain (or loss) realized on the property for tax reporting purposes shall be 50 percent of the total gains (or loss) realized by the parties on the sale of the property The parties further agree that Donald Kirk shall have as his share of the basis in the property 50 percent of the ba~is of the property on the date sale is closed and
IMMOKirlc PlIll90f21 Agreed Final Decrllll ofDivorce
DC BK10258 PG1338
Donald Kirks share of any gain (or loss) realized on the property for tax reporting purposes shal] be 50 percent of the total gain (or loss) realized by the parties on the sale of the property
9 Disposition of Net Proceeds For purposes of interpreting this Decree net proceeds shaU be defined as the sum remaining after payment of all outstanding liens prorated interest property taxes closing cost and those reasonable and necessary cost-of-sale expenses described in paragraph 7 above
Nancy Kirk and Donald Kirk have accepted the pending offer as of September 1 2010 H the property closes on the terms of the contract it is ORDERED that Nancy Kirk shall receive 100 percent of the net proceeds from the sale of the residence
Any refunds arising from prepaid homeowners insurance premiums related to the property or overages in escrow accounts are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk All refunded utility deposits are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk
Each party is ORDERED to sign any and all documents necessary to have the proceeds from the sale of the property distributed as the parties have agreed herein
Should the contract as of September 1 2010 not close then from the net proceeds from the sale of the property
a Each party shall be reimbursed for any agreed-upon repairs and make-ready expenses for which he or she has presented re(eipts or other official records of payment
b Nancy Kirk shall receive 100 percent of the first $10000 in net proceeds and
c Nancy Kirk shall receive 50 percent and Donald Kirk shall receive 50 percent of the remaining amount
10 Resolution of Disputes In the event a dispute arises between the parties regarding the sale or listing of the property and such dispute cannol be resolved by direct negotiation between the parties Nancy Kirk and Donald Kirk agree to submit the dispute to binding arbitration with attorney Keith Maples or an arbitrator to be selected by agreement of the parties in the event Keith Maples is unable or unwilling to arbitrate the matter In the event the parties cannot agree upon the selection of an arbitrator each party shall designate an arbitrator and those two arbitrators shall select the arbitrator The party wishing to invoke this arbitration provision shall give notice to the other party of such
Page lOof2I Agreed FitullDecree ofDivorce
-DC BK10258 PG1339
intention and his or her choice of arbitrators Any such dispute will be submitted to binding arbitration within five (5) business days of the receiving partys receipt of such notice Each party shall be responsible for 50 percent of the arbitrators fees
11 Income Tax Deductions Each party shall each be entitled to claim 50 percent of any federal income tax deductions for mortgage interest and property taxes related to the property In the event that giving one party or the other will save the parties more money than splitting the deductions the parties agree to assign all deductible expenses to the party for whom the greatest tax savings is realized and that party agrees to share the tax savings with the other party In the event the parties are unable to agree about this issue the issue shall be submitted to an agreed-upon CPA who will make a determination about which party shall claim the deductions and how much money should be paid to the other party to equalize the tax benefits of the deductions relating to the house
Special Provisions Relating 10 TRS Survivor Benefil
The Court finds that the parties have agreed and it is ORDERED that Donald Kirk shall elect the Option I benefit (as described on the correspondence from TRS attached as Exhibit A and incorporated for all purposes as if set our verbatim herein) for Nancy Kirk which names her as irrevocable survivor beneficiary to receive 100 percent of the amount of retirement pay attributable to the marriage that Donald Kirk receives during his lifetime at the time of his death The Court finds that the cost of such annuity is $31718 per month which will be deducted from Donald Kirks monthly retirement benefit during the period between the date he begins receiving retirement pay from TRS and the date of his death
The Court further finds that Nancy Kirk has agreed and she is hereby ORDERED as trustee for Donald Kirk or his estate to pay a portion of the retirement pay she receives after Donald Kirks death to his beneficiary(s) as designated in his Last Will and Testament or if he has no will to his heirs at law (heirnafer his Beneficiaries) Such portion shall be detennined as fol1ows
l As the trustee for Donald Kirks Beneficiaries Nancy Kirk shall reimburse herself an amount equaJ to $15859 for each month between the date Donald Kirk begins receiving retirement pay and the date of his death before payments are due to Donald Kirks Beneficiaries
2 After Nancy Kirk has been fully reimbursed for the premiums paid on the survivor benefit during Donald Kirks lifetime that are attributable to Donald Kirks Beneficiaries Nancy Kirk shall as Donald Kirks trustee pay to Donald Kirks Beneficiaries a sum equal to 50 percent of the total amount she receives as a survivor benefit after Donald Kirks death minus the sum of $15859 which she shall retain as reimbursement for 50
IMMOKirk Agreed Firtal Decree ojDivorce111 oJ2
DC BK10268 PG1340
percent of the premium paid for the benefit
By way of example if Nancy Kirk receives $10000 per month as payment under the provisions of TRSs survivor benefit she would pay to Donald Kirks Beneficiaries the sum of $5000 less $15859 for a total payment of $484141
Income Taxes
Liability for Federal Income Tam for Prior Years It is ORDERED that each party shall be responsible for 50 of all federal income tax liabilities of the parties from the date of marriage through December 31 2009 and shall timely pay 50 percent of any deficiencies assessments penalties or interest due thereon and shall indemnify and hold the other party and his or her property harmless from such liabilities The parties agree that nothing contained herein shall be construed as or is intended as a waiver of any rights that a party has under the Innocent Spouse provisions of the Internal Revenue Code
Tax Refund for Prior Years It is ORDERED that if a refund is made for overpayment of taxes for any year during the parties marriage through December 31 of 2009 each party shall be entitled to one-half of the refund and the party receiving the refund check is designated a constructi ve trustee for the benefit of the other party to the extent of one-half of the total amount of the refund and shall pay to the other party one-half of the 10tal amount of the refund check within five days of receipt of the refund check Each party is ORDERED to endorse a refund check on presentation by the other party
Taxes and Refunds for 2010 It is ORDERED that the parties shaH file their 2010 federal income tax returns in accordance with regulations of the Internal Revenue Service and report income and deductions in the manner required by IRS The parties may agree and elect an IRS-accepted alternative method for filing and reporting income for 2010 that benefits them both if recommended by their tax return preparer It is ORDERED that the parties will use the same CPA to prepare their separate income tax returns
It is ORDERED that unless money is owed by one party to the other because of the tax preparers recommendation Nancy Kirk and Donald Kirk shall each pay and shall each hold the other party and the other partys property harmless for all tax liability shown to be due and payable on hislher separate 2010 federal income tax return prepared as described above It is ORDERED that if money is owed by one party to the other based on the tax preparers recommended method of filing the paying party shall deliver the fund~ to the receiving party within three business days of the date the determination is made It is ORDERED that each party shall pay 100 of that partys tax return preparers fee chargfd for preparing that partys 2010 separate return
In the event the parties tax preparer determines that it is most beneficia] for the parties to
IMMOKirk Page I2021 Agreed illal Decree ofDi~oce
-DC BK10258 PG1341
partition their respective incomes for 2010 it is ORDERED Donald Kirk and Nancy Kirk shall file separate income tax returns for 2010 using the partition method of filing In connection with their separate returns it is ORDERED as follows
Donald Kirk shall report on his 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor consulting fees or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of partnership income where as between the parties he exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce and
4 any other income received by Donald Kirk and properly reportable by him under the Internal Revenue Code
It is further ORDERED that Donald Kirk shan claim and deduct
1 all deductible expenditures paid by him
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Donald Kirk in this Decree of Divorce
3 a1l income withheld from his earned income
4 all prepayments personally paid by him for the year 2010
5 50 percent of aU deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
6 non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Agreed Final Decree of Divorce and
7 a)] loss carry-forwards attributable to property awarded to Donald Kirk
It is ORDERED that Nancy Kirk shall report on her 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor
IMMOKirk Pag6 13021 Agnltl Fintlllkcnl6 ooorce
-shyDC BK10268 PG1342
consulting fees or professional fees and other amounts recei ved as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where as between the parties she exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
4 any other income received by Nancy Kirk and properly reportable by her under the Internal Revenue Code
It is further ORDERED that Nancy Kirk shall claim and deduct
1 all deductible expenditures paid by her
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Nancy Kirk in this Decree of Divorce
3 all income withheld from her earned income
4 all prepayments personally paid by her for the year 20 to
5 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The HiJIs Travis County Texas
6 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
7 all loss carry-forwards attributable to property awarded to Nancy Kirk
To the extent necessary to effect this division of tax liclbility for income received in 2010 it is ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Donald Kirk as his separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of paltnership income where as between the parties he exercises substantially aU the management and control
IMMOKirllt Page 14 011 Agned FiMI Decee ofDi11Orte
-DC BK10258 PG1343
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
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provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10258 PG1336
the written consent of both parties
4 Occupancy of the Property and Payment of Expenses The parties have agreed that Nancy Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold unless Nancy Kirk opts to vacate the premises before the property is sold as contemplated herein While she resides in the home Nancy Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times
While Nancy Kirk resides in the marital residence and it is on the market listed for sale expenses of the household shall be allocated between the parties as follows
Donald Kirk shall pay when due
a 100 of the monthly principal and interest payments on the property b 100 percent of all homeowners association dues or fees when due c 100 of all ad valorem taxes (whether paid monthly into escrow or in a lump sum
directly to the taxing authority) and d 100 of all homeowners insurance (whether paid monthly into escrow or in a
lump sum directly to the insurance company)
Donald Kirk shall further be responsible for performing maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
Nancy Kirk shall pay all expenses associated with her use of the property inc1uding but not limited to aU utilities services (other than those listed above) and personal expenses Nancy Kirk is ORDERED to pay Donald Kirk the sum of $lOOO per month as her share of the expenses relating to the home beginning September I 2010 and continuing on the first day of each month thereafter in which she resides in the property while it is on the market
Should the contract for sale of the property effective as of September I 2010 not close Nancy Kirk shall have the option to vacate the premises prior to the sale of the property In the event that Nancy Kirk vacates the premises the parties have agreed and it is ORDERED that Donald Kirk shall reside in the property and shall have exclusive use and possession of the property until it is sold
In the event Nancy Kirk vacates the property and Donald Kirk has exclusive use and possession of the property while it is on the market listed for sale all expenses relating to the property and Donald Kirks use of the property shull be paid by Donald Kirk
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Donald Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times Donald Kirk shall further be responsible for perfonning maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
5 Disposition of Casualty Insurance Proceeds If at anytime prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed by fire or other casualty to the extent that it is imprudent to repair or replace the same it is ORDERED that any insurance proceeds payable as a result of said destruction shall be divided as net proceeds from the sale of the property as defined herein If at any time prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed partially by fire or other casualty and it is prudent to repair or replace the same then any insurance proceeds collected by the parties for the repair andor replacement of said building tree andor other improvement shall be applied against the cost of repair or replacement subject to the superior rights of the lien holder
6 No Mortgage Pled_ or Encumbrance Each party is prohibited from mortgaging pledging or otherwise encumbering or alienating his or her interest in the property for any purpose without the prior written approval of the other party If at anytime either party violates the aforesaid covenant then the violating party shaU pay and be solely responsible for without contribution from the other party and shall hold the other party hannless from the full amount of any amount borrowed against the property
7 Reasonable Costs of Sale The parties agree that reaconable and necessary expenses incurred in connection with advertising marketing and closing of the sale of the property shall be paid from the sale proceeds of such property Such expenses shall include (without limitation) advertising signage brokerage and sales commissions survey title curation and proof (including title insurance andor abstract) recording fees title document preparation fees title transfer costs~ proration of taxes insurance and other normal closing costs associated with the closing of a sale of property of like kind and nature in the locale where the property is located
8 Basis and Capital Gain The parties agree that Nancy Kirk shall have as her share of the baiis in the property SO percent of the basis in the property on the date sale is closed and Nancy Kirks share of any gain (or loss) realized on the property for tax reporting purposes shall be 50 percent of the total gains (or loss) realized by the parties on the sale of the property The parties further agree that Donald Kirk shall have as his share of the basis in the property 50 percent of the ba~is of the property on the date sale is closed and
IMMOKirlc PlIll90f21 Agreed Final Decrllll ofDivorce
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Donald Kirks share of any gain (or loss) realized on the property for tax reporting purposes shal] be 50 percent of the total gain (or loss) realized by the parties on the sale of the property
9 Disposition of Net Proceeds For purposes of interpreting this Decree net proceeds shaU be defined as the sum remaining after payment of all outstanding liens prorated interest property taxes closing cost and those reasonable and necessary cost-of-sale expenses described in paragraph 7 above
Nancy Kirk and Donald Kirk have accepted the pending offer as of September 1 2010 H the property closes on the terms of the contract it is ORDERED that Nancy Kirk shall receive 100 percent of the net proceeds from the sale of the residence
Any refunds arising from prepaid homeowners insurance premiums related to the property or overages in escrow accounts are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk All refunded utility deposits are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk
Each party is ORDERED to sign any and all documents necessary to have the proceeds from the sale of the property distributed as the parties have agreed herein
Should the contract as of September 1 2010 not close then from the net proceeds from the sale of the property
a Each party shall be reimbursed for any agreed-upon repairs and make-ready expenses for which he or she has presented re(eipts or other official records of payment
b Nancy Kirk shall receive 100 percent of the first $10000 in net proceeds and
c Nancy Kirk shall receive 50 percent and Donald Kirk shall receive 50 percent of the remaining amount
10 Resolution of Disputes In the event a dispute arises between the parties regarding the sale or listing of the property and such dispute cannol be resolved by direct negotiation between the parties Nancy Kirk and Donald Kirk agree to submit the dispute to binding arbitration with attorney Keith Maples or an arbitrator to be selected by agreement of the parties in the event Keith Maples is unable or unwilling to arbitrate the matter In the event the parties cannot agree upon the selection of an arbitrator each party shall designate an arbitrator and those two arbitrators shall select the arbitrator The party wishing to invoke this arbitration provision shall give notice to the other party of such
Page lOof2I Agreed FitullDecree ofDivorce
-DC BK10258 PG1339
intention and his or her choice of arbitrators Any such dispute will be submitted to binding arbitration within five (5) business days of the receiving partys receipt of such notice Each party shall be responsible for 50 percent of the arbitrators fees
11 Income Tax Deductions Each party shall each be entitled to claim 50 percent of any federal income tax deductions for mortgage interest and property taxes related to the property In the event that giving one party or the other will save the parties more money than splitting the deductions the parties agree to assign all deductible expenses to the party for whom the greatest tax savings is realized and that party agrees to share the tax savings with the other party In the event the parties are unable to agree about this issue the issue shall be submitted to an agreed-upon CPA who will make a determination about which party shall claim the deductions and how much money should be paid to the other party to equalize the tax benefits of the deductions relating to the house
Special Provisions Relating 10 TRS Survivor Benefil
The Court finds that the parties have agreed and it is ORDERED that Donald Kirk shall elect the Option I benefit (as described on the correspondence from TRS attached as Exhibit A and incorporated for all purposes as if set our verbatim herein) for Nancy Kirk which names her as irrevocable survivor beneficiary to receive 100 percent of the amount of retirement pay attributable to the marriage that Donald Kirk receives during his lifetime at the time of his death The Court finds that the cost of such annuity is $31718 per month which will be deducted from Donald Kirks monthly retirement benefit during the period between the date he begins receiving retirement pay from TRS and the date of his death
The Court further finds that Nancy Kirk has agreed and she is hereby ORDERED as trustee for Donald Kirk or his estate to pay a portion of the retirement pay she receives after Donald Kirks death to his beneficiary(s) as designated in his Last Will and Testament or if he has no will to his heirs at law (heirnafer his Beneficiaries) Such portion shall be detennined as fol1ows
l As the trustee for Donald Kirks Beneficiaries Nancy Kirk shall reimburse herself an amount equaJ to $15859 for each month between the date Donald Kirk begins receiving retirement pay and the date of his death before payments are due to Donald Kirks Beneficiaries
2 After Nancy Kirk has been fully reimbursed for the premiums paid on the survivor benefit during Donald Kirks lifetime that are attributable to Donald Kirks Beneficiaries Nancy Kirk shall as Donald Kirks trustee pay to Donald Kirks Beneficiaries a sum equal to 50 percent of the total amount she receives as a survivor benefit after Donald Kirks death minus the sum of $15859 which she shall retain as reimbursement for 50
IMMOKirk Agreed Firtal Decree ojDivorce111 oJ2
DC BK10268 PG1340
percent of the premium paid for the benefit
By way of example if Nancy Kirk receives $10000 per month as payment under the provisions of TRSs survivor benefit she would pay to Donald Kirks Beneficiaries the sum of $5000 less $15859 for a total payment of $484141
Income Taxes
Liability for Federal Income Tam for Prior Years It is ORDERED that each party shall be responsible for 50 of all federal income tax liabilities of the parties from the date of marriage through December 31 2009 and shall timely pay 50 percent of any deficiencies assessments penalties or interest due thereon and shall indemnify and hold the other party and his or her property harmless from such liabilities The parties agree that nothing contained herein shall be construed as or is intended as a waiver of any rights that a party has under the Innocent Spouse provisions of the Internal Revenue Code
Tax Refund for Prior Years It is ORDERED that if a refund is made for overpayment of taxes for any year during the parties marriage through December 31 of 2009 each party shall be entitled to one-half of the refund and the party receiving the refund check is designated a constructi ve trustee for the benefit of the other party to the extent of one-half of the total amount of the refund and shall pay to the other party one-half of the 10tal amount of the refund check within five days of receipt of the refund check Each party is ORDERED to endorse a refund check on presentation by the other party
Taxes and Refunds for 2010 It is ORDERED that the parties shaH file their 2010 federal income tax returns in accordance with regulations of the Internal Revenue Service and report income and deductions in the manner required by IRS The parties may agree and elect an IRS-accepted alternative method for filing and reporting income for 2010 that benefits them both if recommended by their tax return preparer It is ORDERED that the parties will use the same CPA to prepare their separate income tax returns
It is ORDERED that unless money is owed by one party to the other because of the tax preparers recommendation Nancy Kirk and Donald Kirk shall each pay and shall each hold the other party and the other partys property harmless for all tax liability shown to be due and payable on hislher separate 2010 federal income tax return prepared as described above It is ORDERED that if money is owed by one party to the other based on the tax preparers recommended method of filing the paying party shall deliver the fund~ to the receiving party within three business days of the date the determination is made It is ORDERED that each party shall pay 100 of that partys tax return preparers fee chargfd for preparing that partys 2010 separate return
In the event the parties tax preparer determines that it is most beneficia] for the parties to
IMMOKirk Page I2021 Agreed illal Decree ofDi~oce
-DC BK10258 PG1341
partition their respective incomes for 2010 it is ORDERED Donald Kirk and Nancy Kirk shall file separate income tax returns for 2010 using the partition method of filing In connection with their separate returns it is ORDERED as follows
Donald Kirk shall report on his 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor consulting fees or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of partnership income where as between the parties he exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce and
4 any other income received by Donald Kirk and properly reportable by him under the Internal Revenue Code
It is further ORDERED that Donald Kirk shan claim and deduct
1 all deductible expenditures paid by him
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Donald Kirk in this Decree of Divorce
3 a1l income withheld from his earned income
4 all prepayments personally paid by him for the year 2010
5 50 percent of aU deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
6 non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Agreed Final Decree of Divorce and
7 a)] loss carry-forwards attributable to property awarded to Donald Kirk
It is ORDERED that Nancy Kirk shall report on her 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor
IMMOKirk Pag6 13021 Agnltl Fintlllkcnl6 ooorce
-shyDC BK10268 PG1342
consulting fees or professional fees and other amounts recei ved as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where as between the parties she exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
4 any other income received by Nancy Kirk and properly reportable by her under the Internal Revenue Code
It is further ORDERED that Nancy Kirk shall claim and deduct
1 all deductible expenditures paid by her
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Nancy Kirk in this Decree of Divorce
3 all income withheld from her earned income
4 all prepayments personally paid by her for the year 20 to
5 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The HiJIs Travis County Texas
6 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
7 all loss carry-forwards attributable to property awarded to Nancy Kirk
To the extent necessary to effect this division of tax liclbility for income received in 2010 it is ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Donald Kirk as his separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of paltnership income where as between the parties he exercises substantially aU the management and control
IMMOKirllt Page 14 011 Agned FiMI Decee ofDi11Orte
-DC BK10258 PG1343
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
DC BK10258 PG1345
provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
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understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
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Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10268 PG1337
Donald Kirk is ORDERED to keep and maintain the interior of the home in good condition conducive to showing to prospective buyers and to cooperate with Realtors and potential buyers by allowing access to the property at all reasonable times Donald Kirk shall further be responsible for perfonning maintenance on or paying for a service to maintain the parties grounds and swimming pool during the pendency of the sale of the property
5 Disposition of Casualty Insurance Proceeds If at anytime prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed by fire or other casualty to the extent that it is imprudent to repair or replace the same it is ORDERED that any insurance proceeds payable as a result of said destruction shall be divided as net proceeds from the sale of the property as defined herein If at any time prior to closing of the sale of the property any building tree or any other improvement on the property is destroyed partially by fire or other casualty and it is prudent to repair or replace the same then any insurance proceeds collected by the parties for the repair andor replacement of said building tree andor other improvement shall be applied against the cost of repair or replacement subject to the superior rights of the lien holder
6 No Mortgage Pled_ or Encumbrance Each party is prohibited from mortgaging pledging or otherwise encumbering or alienating his or her interest in the property for any purpose without the prior written approval of the other party If at anytime either party violates the aforesaid covenant then the violating party shaU pay and be solely responsible for without contribution from the other party and shall hold the other party hannless from the full amount of any amount borrowed against the property
7 Reasonable Costs of Sale The parties agree that reaconable and necessary expenses incurred in connection with advertising marketing and closing of the sale of the property shall be paid from the sale proceeds of such property Such expenses shall include (without limitation) advertising signage brokerage and sales commissions survey title curation and proof (including title insurance andor abstract) recording fees title document preparation fees title transfer costs~ proration of taxes insurance and other normal closing costs associated with the closing of a sale of property of like kind and nature in the locale where the property is located
8 Basis and Capital Gain The parties agree that Nancy Kirk shall have as her share of the baiis in the property SO percent of the basis in the property on the date sale is closed and Nancy Kirks share of any gain (or loss) realized on the property for tax reporting purposes shall be 50 percent of the total gains (or loss) realized by the parties on the sale of the property The parties further agree that Donald Kirk shall have as his share of the basis in the property 50 percent of the ba~is of the property on the date sale is closed and
IMMOKirlc PlIll90f21 Agreed Final Decrllll ofDivorce
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Donald Kirks share of any gain (or loss) realized on the property for tax reporting purposes shal] be 50 percent of the total gain (or loss) realized by the parties on the sale of the property
9 Disposition of Net Proceeds For purposes of interpreting this Decree net proceeds shaU be defined as the sum remaining after payment of all outstanding liens prorated interest property taxes closing cost and those reasonable and necessary cost-of-sale expenses described in paragraph 7 above
Nancy Kirk and Donald Kirk have accepted the pending offer as of September 1 2010 H the property closes on the terms of the contract it is ORDERED that Nancy Kirk shall receive 100 percent of the net proceeds from the sale of the residence
Any refunds arising from prepaid homeowners insurance premiums related to the property or overages in escrow accounts are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk All refunded utility deposits are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk
Each party is ORDERED to sign any and all documents necessary to have the proceeds from the sale of the property distributed as the parties have agreed herein
Should the contract as of September 1 2010 not close then from the net proceeds from the sale of the property
a Each party shall be reimbursed for any agreed-upon repairs and make-ready expenses for which he or she has presented re(eipts or other official records of payment
b Nancy Kirk shall receive 100 percent of the first $10000 in net proceeds and
c Nancy Kirk shall receive 50 percent and Donald Kirk shall receive 50 percent of the remaining amount
10 Resolution of Disputes In the event a dispute arises between the parties regarding the sale or listing of the property and such dispute cannol be resolved by direct negotiation between the parties Nancy Kirk and Donald Kirk agree to submit the dispute to binding arbitration with attorney Keith Maples or an arbitrator to be selected by agreement of the parties in the event Keith Maples is unable or unwilling to arbitrate the matter In the event the parties cannot agree upon the selection of an arbitrator each party shall designate an arbitrator and those two arbitrators shall select the arbitrator The party wishing to invoke this arbitration provision shall give notice to the other party of such
Page lOof2I Agreed FitullDecree ofDivorce
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intention and his or her choice of arbitrators Any such dispute will be submitted to binding arbitration within five (5) business days of the receiving partys receipt of such notice Each party shall be responsible for 50 percent of the arbitrators fees
11 Income Tax Deductions Each party shall each be entitled to claim 50 percent of any federal income tax deductions for mortgage interest and property taxes related to the property In the event that giving one party or the other will save the parties more money than splitting the deductions the parties agree to assign all deductible expenses to the party for whom the greatest tax savings is realized and that party agrees to share the tax savings with the other party In the event the parties are unable to agree about this issue the issue shall be submitted to an agreed-upon CPA who will make a determination about which party shall claim the deductions and how much money should be paid to the other party to equalize the tax benefits of the deductions relating to the house
Special Provisions Relating 10 TRS Survivor Benefil
The Court finds that the parties have agreed and it is ORDERED that Donald Kirk shall elect the Option I benefit (as described on the correspondence from TRS attached as Exhibit A and incorporated for all purposes as if set our verbatim herein) for Nancy Kirk which names her as irrevocable survivor beneficiary to receive 100 percent of the amount of retirement pay attributable to the marriage that Donald Kirk receives during his lifetime at the time of his death The Court finds that the cost of such annuity is $31718 per month which will be deducted from Donald Kirks monthly retirement benefit during the period between the date he begins receiving retirement pay from TRS and the date of his death
The Court further finds that Nancy Kirk has agreed and she is hereby ORDERED as trustee for Donald Kirk or his estate to pay a portion of the retirement pay she receives after Donald Kirks death to his beneficiary(s) as designated in his Last Will and Testament or if he has no will to his heirs at law (heirnafer his Beneficiaries) Such portion shall be detennined as fol1ows
l As the trustee for Donald Kirks Beneficiaries Nancy Kirk shall reimburse herself an amount equaJ to $15859 for each month between the date Donald Kirk begins receiving retirement pay and the date of his death before payments are due to Donald Kirks Beneficiaries
2 After Nancy Kirk has been fully reimbursed for the premiums paid on the survivor benefit during Donald Kirks lifetime that are attributable to Donald Kirks Beneficiaries Nancy Kirk shall as Donald Kirks trustee pay to Donald Kirks Beneficiaries a sum equal to 50 percent of the total amount she receives as a survivor benefit after Donald Kirks death minus the sum of $15859 which she shall retain as reimbursement for 50
IMMOKirk Agreed Firtal Decree ojDivorce111 oJ2
DC BK10268 PG1340
percent of the premium paid for the benefit
By way of example if Nancy Kirk receives $10000 per month as payment under the provisions of TRSs survivor benefit she would pay to Donald Kirks Beneficiaries the sum of $5000 less $15859 for a total payment of $484141
Income Taxes
Liability for Federal Income Tam for Prior Years It is ORDERED that each party shall be responsible for 50 of all federal income tax liabilities of the parties from the date of marriage through December 31 2009 and shall timely pay 50 percent of any deficiencies assessments penalties or interest due thereon and shall indemnify and hold the other party and his or her property harmless from such liabilities The parties agree that nothing contained herein shall be construed as or is intended as a waiver of any rights that a party has under the Innocent Spouse provisions of the Internal Revenue Code
Tax Refund for Prior Years It is ORDERED that if a refund is made for overpayment of taxes for any year during the parties marriage through December 31 of 2009 each party shall be entitled to one-half of the refund and the party receiving the refund check is designated a constructi ve trustee for the benefit of the other party to the extent of one-half of the total amount of the refund and shall pay to the other party one-half of the 10tal amount of the refund check within five days of receipt of the refund check Each party is ORDERED to endorse a refund check on presentation by the other party
Taxes and Refunds for 2010 It is ORDERED that the parties shaH file their 2010 federal income tax returns in accordance with regulations of the Internal Revenue Service and report income and deductions in the manner required by IRS The parties may agree and elect an IRS-accepted alternative method for filing and reporting income for 2010 that benefits them both if recommended by their tax return preparer It is ORDERED that the parties will use the same CPA to prepare their separate income tax returns
It is ORDERED that unless money is owed by one party to the other because of the tax preparers recommendation Nancy Kirk and Donald Kirk shall each pay and shall each hold the other party and the other partys property harmless for all tax liability shown to be due and payable on hislher separate 2010 federal income tax return prepared as described above It is ORDERED that if money is owed by one party to the other based on the tax preparers recommended method of filing the paying party shall deliver the fund~ to the receiving party within three business days of the date the determination is made It is ORDERED that each party shall pay 100 of that partys tax return preparers fee chargfd for preparing that partys 2010 separate return
In the event the parties tax preparer determines that it is most beneficia] for the parties to
IMMOKirk Page I2021 Agreed illal Decree ofDi~oce
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partition their respective incomes for 2010 it is ORDERED Donald Kirk and Nancy Kirk shall file separate income tax returns for 2010 using the partition method of filing In connection with their separate returns it is ORDERED as follows
Donald Kirk shall report on his 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor consulting fees or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of partnership income where as between the parties he exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce and
4 any other income received by Donald Kirk and properly reportable by him under the Internal Revenue Code
It is further ORDERED that Donald Kirk shan claim and deduct
1 all deductible expenditures paid by him
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Donald Kirk in this Decree of Divorce
3 a1l income withheld from his earned income
4 all prepayments personally paid by him for the year 2010
5 50 percent of aU deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
6 non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Agreed Final Decree of Divorce and
7 a)] loss carry-forwards attributable to property awarded to Donald Kirk
It is ORDERED that Nancy Kirk shall report on her 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor
IMMOKirk Pag6 13021 Agnltl Fintlllkcnl6 ooorce
-shyDC BK10268 PG1342
consulting fees or professional fees and other amounts recei ved as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where as between the parties she exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
4 any other income received by Nancy Kirk and properly reportable by her under the Internal Revenue Code
It is further ORDERED that Nancy Kirk shall claim and deduct
1 all deductible expenditures paid by her
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Nancy Kirk in this Decree of Divorce
3 all income withheld from her earned income
4 all prepayments personally paid by her for the year 20 to
5 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The HiJIs Travis County Texas
6 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
7 all loss carry-forwards attributable to property awarded to Nancy Kirk
To the extent necessary to effect this division of tax liclbility for income received in 2010 it is ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Donald Kirk as his separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of paltnership income where as between the parties he exercises substantially aU the management and control
IMMOKirllt Page 14 011 Agned FiMI Decee ofDi11Orte
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3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
DC BK10258 PG1345
provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
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Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10258 PG1338
Donald Kirks share of any gain (or loss) realized on the property for tax reporting purposes shal] be 50 percent of the total gain (or loss) realized by the parties on the sale of the property
9 Disposition of Net Proceeds For purposes of interpreting this Decree net proceeds shaU be defined as the sum remaining after payment of all outstanding liens prorated interest property taxes closing cost and those reasonable and necessary cost-of-sale expenses described in paragraph 7 above
Nancy Kirk and Donald Kirk have accepted the pending offer as of September 1 2010 H the property closes on the terms of the contract it is ORDERED that Nancy Kirk shall receive 100 percent of the net proceeds from the sale of the residence
Any refunds arising from prepaid homeowners insurance premiums related to the property or overages in escrow accounts are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk All refunded utility deposits are awarded 50 percent to Nancy Kirk and 50 percent to Donald Kirk
Each party is ORDERED to sign any and all documents necessary to have the proceeds from the sale of the property distributed as the parties have agreed herein
Should the contract as of September 1 2010 not close then from the net proceeds from the sale of the property
a Each party shall be reimbursed for any agreed-upon repairs and make-ready expenses for which he or she has presented re(eipts or other official records of payment
b Nancy Kirk shall receive 100 percent of the first $10000 in net proceeds and
c Nancy Kirk shall receive 50 percent and Donald Kirk shall receive 50 percent of the remaining amount
10 Resolution of Disputes In the event a dispute arises between the parties regarding the sale or listing of the property and such dispute cannol be resolved by direct negotiation between the parties Nancy Kirk and Donald Kirk agree to submit the dispute to binding arbitration with attorney Keith Maples or an arbitrator to be selected by agreement of the parties in the event Keith Maples is unable or unwilling to arbitrate the matter In the event the parties cannot agree upon the selection of an arbitrator each party shall designate an arbitrator and those two arbitrators shall select the arbitrator The party wishing to invoke this arbitration provision shall give notice to the other party of such
Page lOof2I Agreed FitullDecree ofDivorce
-DC BK10258 PG1339
intention and his or her choice of arbitrators Any such dispute will be submitted to binding arbitration within five (5) business days of the receiving partys receipt of such notice Each party shall be responsible for 50 percent of the arbitrators fees
11 Income Tax Deductions Each party shall each be entitled to claim 50 percent of any federal income tax deductions for mortgage interest and property taxes related to the property In the event that giving one party or the other will save the parties more money than splitting the deductions the parties agree to assign all deductible expenses to the party for whom the greatest tax savings is realized and that party agrees to share the tax savings with the other party In the event the parties are unable to agree about this issue the issue shall be submitted to an agreed-upon CPA who will make a determination about which party shall claim the deductions and how much money should be paid to the other party to equalize the tax benefits of the deductions relating to the house
Special Provisions Relating 10 TRS Survivor Benefil
The Court finds that the parties have agreed and it is ORDERED that Donald Kirk shall elect the Option I benefit (as described on the correspondence from TRS attached as Exhibit A and incorporated for all purposes as if set our verbatim herein) for Nancy Kirk which names her as irrevocable survivor beneficiary to receive 100 percent of the amount of retirement pay attributable to the marriage that Donald Kirk receives during his lifetime at the time of his death The Court finds that the cost of such annuity is $31718 per month which will be deducted from Donald Kirks monthly retirement benefit during the period between the date he begins receiving retirement pay from TRS and the date of his death
The Court further finds that Nancy Kirk has agreed and she is hereby ORDERED as trustee for Donald Kirk or his estate to pay a portion of the retirement pay she receives after Donald Kirks death to his beneficiary(s) as designated in his Last Will and Testament or if he has no will to his heirs at law (heirnafer his Beneficiaries) Such portion shall be detennined as fol1ows
l As the trustee for Donald Kirks Beneficiaries Nancy Kirk shall reimburse herself an amount equaJ to $15859 for each month between the date Donald Kirk begins receiving retirement pay and the date of his death before payments are due to Donald Kirks Beneficiaries
2 After Nancy Kirk has been fully reimbursed for the premiums paid on the survivor benefit during Donald Kirks lifetime that are attributable to Donald Kirks Beneficiaries Nancy Kirk shall as Donald Kirks trustee pay to Donald Kirks Beneficiaries a sum equal to 50 percent of the total amount she receives as a survivor benefit after Donald Kirks death minus the sum of $15859 which she shall retain as reimbursement for 50
IMMOKirk Agreed Firtal Decree ojDivorce111 oJ2
DC BK10268 PG1340
percent of the premium paid for the benefit
By way of example if Nancy Kirk receives $10000 per month as payment under the provisions of TRSs survivor benefit she would pay to Donald Kirks Beneficiaries the sum of $5000 less $15859 for a total payment of $484141
Income Taxes
Liability for Federal Income Tam for Prior Years It is ORDERED that each party shall be responsible for 50 of all federal income tax liabilities of the parties from the date of marriage through December 31 2009 and shall timely pay 50 percent of any deficiencies assessments penalties or interest due thereon and shall indemnify and hold the other party and his or her property harmless from such liabilities The parties agree that nothing contained herein shall be construed as or is intended as a waiver of any rights that a party has under the Innocent Spouse provisions of the Internal Revenue Code
Tax Refund for Prior Years It is ORDERED that if a refund is made for overpayment of taxes for any year during the parties marriage through December 31 of 2009 each party shall be entitled to one-half of the refund and the party receiving the refund check is designated a constructi ve trustee for the benefit of the other party to the extent of one-half of the total amount of the refund and shall pay to the other party one-half of the 10tal amount of the refund check within five days of receipt of the refund check Each party is ORDERED to endorse a refund check on presentation by the other party
Taxes and Refunds for 2010 It is ORDERED that the parties shaH file their 2010 federal income tax returns in accordance with regulations of the Internal Revenue Service and report income and deductions in the manner required by IRS The parties may agree and elect an IRS-accepted alternative method for filing and reporting income for 2010 that benefits them both if recommended by their tax return preparer It is ORDERED that the parties will use the same CPA to prepare their separate income tax returns
It is ORDERED that unless money is owed by one party to the other because of the tax preparers recommendation Nancy Kirk and Donald Kirk shall each pay and shall each hold the other party and the other partys property harmless for all tax liability shown to be due and payable on hislher separate 2010 federal income tax return prepared as described above It is ORDERED that if money is owed by one party to the other based on the tax preparers recommended method of filing the paying party shall deliver the fund~ to the receiving party within three business days of the date the determination is made It is ORDERED that each party shall pay 100 of that partys tax return preparers fee chargfd for preparing that partys 2010 separate return
In the event the parties tax preparer determines that it is most beneficia] for the parties to
IMMOKirk Page I2021 Agreed illal Decree ofDi~oce
-DC BK10258 PG1341
partition their respective incomes for 2010 it is ORDERED Donald Kirk and Nancy Kirk shall file separate income tax returns for 2010 using the partition method of filing In connection with their separate returns it is ORDERED as follows
Donald Kirk shall report on his 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor consulting fees or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of partnership income where as between the parties he exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce and
4 any other income received by Donald Kirk and properly reportable by him under the Internal Revenue Code
It is further ORDERED that Donald Kirk shan claim and deduct
1 all deductible expenditures paid by him
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Donald Kirk in this Decree of Divorce
3 a1l income withheld from his earned income
4 all prepayments personally paid by him for the year 2010
5 50 percent of aU deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
6 non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Agreed Final Decree of Divorce and
7 a)] loss carry-forwards attributable to property awarded to Donald Kirk
It is ORDERED that Nancy Kirk shall report on her 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor
IMMOKirk Pag6 13021 Agnltl Fintlllkcnl6 ooorce
-shyDC BK10268 PG1342
consulting fees or professional fees and other amounts recei ved as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where as between the parties she exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
4 any other income received by Nancy Kirk and properly reportable by her under the Internal Revenue Code
It is further ORDERED that Nancy Kirk shall claim and deduct
1 all deductible expenditures paid by her
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Nancy Kirk in this Decree of Divorce
3 all income withheld from her earned income
4 all prepayments personally paid by her for the year 20 to
5 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The HiJIs Travis County Texas
6 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
7 all loss carry-forwards attributable to property awarded to Nancy Kirk
To the extent necessary to effect this division of tax liclbility for income received in 2010 it is ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Donald Kirk as his separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of paltnership income where as between the parties he exercises substantially aU the management and control
IMMOKirllt Page 14 011 Agned FiMI Decee ofDi11Orte
-DC BK10258 PG1343
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
DC BK10258 PG1345
provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
-DC BK10258 PG1339
intention and his or her choice of arbitrators Any such dispute will be submitted to binding arbitration within five (5) business days of the receiving partys receipt of such notice Each party shall be responsible for 50 percent of the arbitrators fees
11 Income Tax Deductions Each party shall each be entitled to claim 50 percent of any federal income tax deductions for mortgage interest and property taxes related to the property In the event that giving one party or the other will save the parties more money than splitting the deductions the parties agree to assign all deductible expenses to the party for whom the greatest tax savings is realized and that party agrees to share the tax savings with the other party In the event the parties are unable to agree about this issue the issue shall be submitted to an agreed-upon CPA who will make a determination about which party shall claim the deductions and how much money should be paid to the other party to equalize the tax benefits of the deductions relating to the house
Special Provisions Relating 10 TRS Survivor Benefil
The Court finds that the parties have agreed and it is ORDERED that Donald Kirk shall elect the Option I benefit (as described on the correspondence from TRS attached as Exhibit A and incorporated for all purposes as if set our verbatim herein) for Nancy Kirk which names her as irrevocable survivor beneficiary to receive 100 percent of the amount of retirement pay attributable to the marriage that Donald Kirk receives during his lifetime at the time of his death The Court finds that the cost of such annuity is $31718 per month which will be deducted from Donald Kirks monthly retirement benefit during the period between the date he begins receiving retirement pay from TRS and the date of his death
The Court further finds that Nancy Kirk has agreed and she is hereby ORDERED as trustee for Donald Kirk or his estate to pay a portion of the retirement pay she receives after Donald Kirks death to his beneficiary(s) as designated in his Last Will and Testament or if he has no will to his heirs at law (heirnafer his Beneficiaries) Such portion shall be detennined as fol1ows
l As the trustee for Donald Kirks Beneficiaries Nancy Kirk shall reimburse herself an amount equaJ to $15859 for each month between the date Donald Kirk begins receiving retirement pay and the date of his death before payments are due to Donald Kirks Beneficiaries
2 After Nancy Kirk has been fully reimbursed for the premiums paid on the survivor benefit during Donald Kirks lifetime that are attributable to Donald Kirks Beneficiaries Nancy Kirk shall as Donald Kirks trustee pay to Donald Kirks Beneficiaries a sum equal to 50 percent of the total amount she receives as a survivor benefit after Donald Kirks death minus the sum of $15859 which she shall retain as reimbursement for 50
IMMOKirk Agreed Firtal Decree ojDivorce111 oJ2
DC BK10268 PG1340
percent of the premium paid for the benefit
By way of example if Nancy Kirk receives $10000 per month as payment under the provisions of TRSs survivor benefit she would pay to Donald Kirks Beneficiaries the sum of $5000 less $15859 for a total payment of $484141
Income Taxes
Liability for Federal Income Tam for Prior Years It is ORDERED that each party shall be responsible for 50 of all federal income tax liabilities of the parties from the date of marriage through December 31 2009 and shall timely pay 50 percent of any deficiencies assessments penalties or interest due thereon and shall indemnify and hold the other party and his or her property harmless from such liabilities The parties agree that nothing contained herein shall be construed as or is intended as a waiver of any rights that a party has under the Innocent Spouse provisions of the Internal Revenue Code
Tax Refund for Prior Years It is ORDERED that if a refund is made for overpayment of taxes for any year during the parties marriage through December 31 of 2009 each party shall be entitled to one-half of the refund and the party receiving the refund check is designated a constructi ve trustee for the benefit of the other party to the extent of one-half of the total amount of the refund and shall pay to the other party one-half of the 10tal amount of the refund check within five days of receipt of the refund check Each party is ORDERED to endorse a refund check on presentation by the other party
Taxes and Refunds for 2010 It is ORDERED that the parties shaH file their 2010 federal income tax returns in accordance with regulations of the Internal Revenue Service and report income and deductions in the manner required by IRS The parties may agree and elect an IRS-accepted alternative method for filing and reporting income for 2010 that benefits them both if recommended by their tax return preparer It is ORDERED that the parties will use the same CPA to prepare their separate income tax returns
It is ORDERED that unless money is owed by one party to the other because of the tax preparers recommendation Nancy Kirk and Donald Kirk shall each pay and shall each hold the other party and the other partys property harmless for all tax liability shown to be due and payable on hislher separate 2010 federal income tax return prepared as described above It is ORDERED that if money is owed by one party to the other based on the tax preparers recommended method of filing the paying party shall deliver the fund~ to the receiving party within three business days of the date the determination is made It is ORDERED that each party shall pay 100 of that partys tax return preparers fee chargfd for preparing that partys 2010 separate return
In the event the parties tax preparer determines that it is most beneficia] for the parties to
IMMOKirk Page I2021 Agreed illal Decree ofDi~oce
-DC BK10258 PG1341
partition their respective incomes for 2010 it is ORDERED Donald Kirk and Nancy Kirk shall file separate income tax returns for 2010 using the partition method of filing In connection with their separate returns it is ORDERED as follows
Donald Kirk shall report on his 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor consulting fees or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of partnership income where as between the parties he exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce and
4 any other income received by Donald Kirk and properly reportable by him under the Internal Revenue Code
It is further ORDERED that Donald Kirk shan claim and deduct
1 all deductible expenditures paid by him
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Donald Kirk in this Decree of Divorce
3 a1l income withheld from his earned income
4 all prepayments personally paid by him for the year 2010
5 50 percent of aU deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
6 non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Agreed Final Decree of Divorce and
7 a)] loss carry-forwards attributable to property awarded to Donald Kirk
It is ORDERED that Nancy Kirk shall report on her 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor
IMMOKirk Pag6 13021 Agnltl Fintlllkcnl6 ooorce
-shyDC BK10268 PG1342
consulting fees or professional fees and other amounts recei ved as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where as between the parties she exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
4 any other income received by Nancy Kirk and properly reportable by her under the Internal Revenue Code
It is further ORDERED that Nancy Kirk shall claim and deduct
1 all deductible expenditures paid by her
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Nancy Kirk in this Decree of Divorce
3 all income withheld from her earned income
4 all prepayments personally paid by her for the year 20 to
5 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The HiJIs Travis County Texas
6 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
7 all loss carry-forwards attributable to property awarded to Nancy Kirk
To the extent necessary to effect this division of tax liclbility for income received in 2010 it is ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Donald Kirk as his separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of paltnership income where as between the parties he exercises substantially aU the management and control
IMMOKirllt Page 14 011 Agned FiMI Decee ofDi11Orte
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3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
DC BK10258 PG1345
provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10268 PG1340
percent of the premium paid for the benefit
By way of example if Nancy Kirk receives $10000 per month as payment under the provisions of TRSs survivor benefit she would pay to Donald Kirks Beneficiaries the sum of $5000 less $15859 for a total payment of $484141
Income Taxes
Liability for Federal Income Tam for Prior Years It is ORDERED that each party shall be responsible for 50 of all federal income tax liabilities of the parties from the date of marriage through December 31 2009 and shall timely pay 50 percent of any deficiencies assessments penalties or interest due thereon and shall indemnify and hold the other party and his or her property harmless from such liabilities The parties agree that nothing contained herein shall be construed as or is intended as a waiver of any rights that a party has under the Innocent Spouse provisions of the Internal Revenue Code
Tax Refund for Prior Years It is ORDERED that if a refund is made for overpayment of taxes for any year during the parties marriage through December 31 of 2009 each party shall be entitled to one-half of the refund and the party receiving the refund check is designated a constructi ve trustee for the benefit of the other party to the extent of one-half of the total amount of the refund and shall pay to the other party one-half of the 10tal amount of the refund check within five days of receipt of the refund check Each party is ORDERED to endorse a refund check on presentation by the other party
Taxes and Refunds for 2010 It is ORDERED that the parties shaH file their 2010 federal income tax returns in accordance with regulations of the Internal Revenue Service and report income and deductions in the manner required by IRS The parties may agree and elect an IRS-accepted alternative method for filing and reporting income for 2010 that benefits them both if recommended by their tax return preparer It is ORDERED that the parties will use the same CPA to prepare their separate income tax returns
It is ORDERED that unless money is owed by one party to the other because of the tax preparers recommendation Nancy Kirk and Donald Kirk shall each pay and shall each hold the other party and the other partys property harmless for all tax liability shown to be due and payable on hislher separate 2010 federal income tax return prepared as described above It is ORDERED that if money is owed by one party to the other based on the tax preparers recommended method of filing the paying party shall deliver the fund~ to the receiving party within three business days of the date the determination is made It is ORDERED that each party shall pay 100 of that partys tax return preparers fee chargfd for preparing that partys 2010 separate return
In the event the parties tax preparer determines that it is most beneficia] for the parties to
IMMOKirk Page I2021 Agreed illal Decree ofDi~oce
-DC BK10258 PG1341
partition their respective incomes for 2010 it is ORDERED Donald Kirk and Nancy Kirk shall file separate income tax returns for 2010 using the partition method of filing In connection with their separate returns it is ORDERED as follows
Donald Kirk shall report on his 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor consulting fees or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of partnership income where as between the parties he exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce and
4 any other income received by Donald Kirk and properly reportable by him under the Internal Revenue Code
It is further ORDERED that Donald Kirk shan claim and deduct
1 all deductible expenditures paid by him
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Donald Kirk in this Decree of Divorce
3 a1l income withheld from his earned income
4 all prepayments personally paid by him for the year 2010
5 50 percent of aU deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
6 non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Agreed Final Decree of Divorce and
7 a)] loss carry-forwards attributable to property awarded to Donald Kirk
It is ORDERED that Nancy Kirk shall report on her 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor
IMMOKirk Pag6 13021 Agnltl Fintlllkcnl6 ooorce
-shyDC BK10268 PG1342
consulting fees or professional fees and other amounts recei ved as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where as between the parties she exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
4 any other income received by Nancy Kirk and properly reportable by her under the Internal Revenue Code
It is further ORDERED that Nancy Kirk shall claim and deduct
1 all deductible expenditures paid by her
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Nancy Kirk in this Decree of Divorce
3 all income withheld from her earned income
4 all prepayments personally paid by her for the year 20 to
5 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The HiJIs Travis County Texas
6 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
7 all loss carry-forwards attributable to property awarded to Nancy Kirk
To the extent necessary to effect this division of tax liclbility for income received in 2010 it is ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Donald Kirk as his separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of paltnership income where as between the parties he exercises substantially aU the management and control
IMMOKirllt Page 14 011 Agned FiMI Decee ofDi11Orte
-DC BK10258 PG1343
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
DC BK10258 PG1345
provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
-DC BK10258 PG1341
partition their respective incomes for 2010 it is ORDERED Donald Kirk and Nancy Kirk shall file separate income tax returns for 2010 using the partition method of filing In connection with their separate returns it is ORDERED as follows
Donald Kirk shall report on his 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor consulting fees or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of partnership income where as between the parties he exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce and
4 any other income received by Donald Kirk and properly reportable by him under the Internal Revenue Code
It is further ORDERED that Donald Kirk shan claim and deduct
1 all deductible expenditures paid by him
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Donald Kirk in this Decree of Divorce
3 a1l income withheld from his earned income
4 all prepayments personally paid by him for the year 2010
5 50 percent of aU deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
6 non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Agreed Final Decree of Divorce and
7 a)] loss carry-forwards attributable to property awarded to Donald Kirk
It is ORDERED that Nancy Kirk shall report on her 2010 federal income tax return
1 all earned income including wages salaries management fees fees for contract labor
IMMOKirk Pag6 13021 Agnltl Fintlllkcnl6 ooorce
-shyDC BK10268 PG1342
consulting fees or professional fees and other amounts recei ved as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where as between the parties she exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
4 any other income received by Nancy Kirk and properly reportable by her under the Internal Revenue Code
It is further ORDERED that Nancy Kirk shall claim and deduct
1 all deductible expenditures paid by her
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Nancy Kirk in this Decree of Divorce
3 all income withheld from her earned income
4 all prepayments personally paid by her for the year 20 to
5 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The HiJIs Travis County Texas
6 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
7 all loss carry-forwards attributable to property awarded to Nancy Kirk
To the extent necessary to effect this division of tax liclbility for income received in 2010 it is ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Donald Kirk as his separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of paltnership income where as between the parties he exercises substantially aU the management and control
IMMOKirllt Page 14 011 Agned FiMI Decee ofDi11Orte
-DC BK10258 PG1343
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
DC BK10258 PG1345
provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
-shyDC BK10268 PG1342
consulting fees or professional fees and other amounts recei ved as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where as between the parties she exercises substantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
4 any other income received by Nancy Kirk and properly reportable by her under the Internal Revenue Code
It is further ORDERED that Nancy Kirk shall claim and deduct
1 all deductible expenditures paid by her
2 deductible expenditures depreciation and losses attributable to property awarded or confirmed to Nancy Kirk in this Decree of Divorce
3 all income withheld from her earned income
4 all prepayments personally paid by her for the year 20 to
5 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The HiJIs Travis County Texas
6 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
7 all loss carry-forwards attributable to property awarded to Nancy Kirk
To the extent necessary to effect this division of tax liclbility for income received in 2010 it is ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Donald Kirk as his separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Donald Kirk
2 Donald Kirks trade or business income and a partners distributive share of paltnership income where as between the parties he exercises substantially aU the management and control
IMMOKirllt Page 14 011 Agned FiMI Decee ofDi11Orte
-DC BK10258 PG1343
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
DC BK10258 PG1345
provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
-DC BK10258 PG1343
3 income which is derived from the property awarded or confirmed to Donald Kirk by this Decree of Divorce
4 any other income confirmed to Donald Kirk and properly reportable by him under the Internal Revenue Code
5 all deductible expenditures paid by him
6 deductible expenditures depreciation and losses attributable to property awarded or con finned to Donald Kirk by this Decree of Divorce
7 all income tax withheld from his earned income
8 an prepayments personally paid by him for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas~
to non-payment credits attributable to his earnings or property awarded or confirmed to Donald Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Donald Kirk
It is further ORDERED that this Decree of Divorce shall serve as a partition of income setting aside to Nancy Kirk as her separate property
1 all earned income including wages salaries or professional fees and other amounts received as compensation for personal services actually rendered by Nancy Kirk
2 Nancy Kirks trade or business income and a partners distributive share of partnership income where a between the parties she exercises sUbstantially all the management and control
3 income which is derived from the property awarded or confirmed to Nancy Kirk by this Decree of Divorce
4 any other income confirmed to Nancy Kirk and properly reportable by her under the Internal Revenue Code
5 all deductible expenditures paid by her
6 deductible expenditures depreciation and losses attributable to property awarded or
IMMOlUrk Pall 15011 Agreed Final Decree 0 DiWJrce
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
DC BK10258 PG1345
provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
L ----------------------------------~-----~~--------------------------DC BK10258 PG1344
confirmed to Nancy Kirk by this Decree of Divorce
7 all income tax withheld from her earned income
8 all prepayments personally paid by her for the tax year 2010
9 50 percent of all deductible expenses relating to the property located at 4 Windwood Court The Hills Travis County Texas
10 non-payment credits attributable to her earnings or property awarded or confirmed to Nancy Kirk by this Decree of Divorce and
II all loss carry-forwards attributable to property awarded to Nancy Kirk
It is ORDERED that this partition is made under the provisions of TEX CaNST Art XVI Section IS a~ amended November 25 1980 and November 3 1987 which provides that
Spouses may by written instrument from time to time partition between themselves all or any part of their property then existing or to be acquired or exchanged between themselves the community interest of one spouse in other community property then existing or to be acquired whereupon the portion or interest set a~ide to each spouse shall be and constitute a part of the separate property and estate of such spouse
and in accordance with TEX FAMllY CODE Subsections 4102 4103 4104 4105 and 4106 (as amended effective September 1 1997) and sect7002
It is the intent of the parties that aJl of their taxable income expenses gains and losses be partitioned in the manner described above To the extent that a taxing authority may determine that such income expenses gains or losses are determined in any manner that is not consistent with the partition set out in this Decree the parties agree that the total taxes paid by the respective parties will be proportionate to their tax liability determined in the manner described in this Decree
It is ORDERED that Donald Kirk shan pay and shall hold Nancy Kirk and her property harmless for all tax liability shown to be due and payable on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided plus any penalty and interest referable thereto and subject to those specific provisions in paragraph 2 of the section titled Taxes and Refunds for 2010 Nancy Kirk ~hall pay and shall hold Donald Kirk and his property harmless for all tax liability shown to b~ due and payable on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove
IMMOKirk Pagll16D21 lned Final Decree oIJiFotre
DC BK10258 PG1345
provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10258 PG1345
provided plus any penalty and interest referable thereto It is ORDERED that any tax refund shown to be due and payable to Donald Kirk on his 20 I 0 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabov(~ provided shall be the separate property of Donald Kirk and any tax refund shown to be due and payable to Nancy Kirk on her 2010 federal income tax return prepared pursuant to Section 66 Internal Revenue Code as hereinabove provided shaH be the separate property of Nancy Kirk
Dependency Exemptions
It is ORDERED that Donald Kirk shaH have the right to claim the children as dependents for purposes of federal income taxes for each year that any child qualifies as a dependent In the event that Donald Kirk cannot benefit from such exemptions Donald Kirk shall offer the exemption or exemptions to Nancy Kirk at no charge to her
FuU Disclosure
The parties represent and warrant to each other and to this Court that the property described herein represents all of the property in which they have any right title and interest and that such property is subject to no mortgage pledge lien charge security interest encumbrance or restriction which is not known to the other party It is therefore ORDERED that all community property not listed in this Decree which property is later determined to be in the possession of or under the control of Donald Kirk or Nancy Kirk shall be divided by the Court in a division that is considered just and right pursuant to the TEXAS FAMll Y CODE It is ORDERED that the party in possession or control of such property is designated as the constructive trustee of the property for the benefit of the other party
It is ORDERED as a part of the division of the estate of the parties that any community liability not expressly awarded to a party under the terms of this Decree is to be paid by the party incurring the liability
Execution 0Documents
It is ORDERED that the each party shall execute all instruments necessary to effectuate this Decree including any deeds biHs of sale assignments consents to changes of beneficiary of insurance policies tax returns partnership agreements and other documents and that the parties shall each have all appropriate and necessary writs execution and process as many and as often as is necessary to accomplish the execution and final disposition of this judgment The parties shall cooperate to insure that all transfers of community and separate property funds modifications of signatories to accounts custody of safe deposit boxes and their contents etc occur within thirty (30) days from the date this Decree is approved by the Court
IMMOKirJ PtIfle 17 of21 Agreed Final Decree ofDi~olte
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10268 PG1346
Decree as Muniment 0 Title
Notwithstanding any other provisions of this Decree this judgment shall operate as a conveyance to the parties so named of the real property described herein and title to such real property passes as ordered herein without the necessity of any further action by the party being divested of title
All Claims Settled
It is ORDERED that each party hereby surrenders any claims for reimbursement his or her separate property estate may have against the community estate of the parties or the separate property estate of the other or the community estate may have against either partys separate estate and acknowledges that al1 claimed separate property has been set aside to him or her in this Decree Accordingly all claims for reimbursement are hereby DENIED
Notwithstanding this waiver it is ORDERED that neither party is released from any obligation created by this Decree
Collaborative law
The parties agreement as reflected in this Agreed Final Decree of Divorce was arrived at through the process of Collaborati ve Law At the commencement of the process and throughout it the parties agreed that the process was to focus solely upon reaching a comprehensive resolution of all their property rights and support rights and this Agreed Final Decree of Divorce reflects the comprehensive resolution of all such rights In arriving at the agreements set out in this Agreed Final Decree of Divorce the parties have appJied their individual standards of reasonableness and acceptability The conclusions they have reached are based in part on their respect and regard for each other From time to time in order to measure the appropriateness of their conclusions the parties have considered what might happen if the matter were adjudicated in court but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here Nancy Kirk and Donald Kirk represented to one another throughout the Collaborative Law process that their negotiations were in good faith and that each had fully and completely disclosed all information necessary or requested in order to resolve the parties property and support rights fairly By their signatures on this Agreed Final Decree of Divorce they reaffirm those representations which each of them has relied upon in making this agreement
The parties acknowledge that no independent investigltion has been made by their Collaborative attorneys of the character or value of the parties property or the extent of debt or amount of income of the parties The parties have instructed (~ounsel that they desire to enter into this Agreed Final Decree of Divorce without any further independent investigation The parties
MMOKirk PageBol21 Agned Filf4l ~retl 01 Divorce
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10258 PG1347
understand and acknowledge that they are relying on their mutual disclosures in making this agreement and that they are not relying on their counsel for independent verifications of the accuracy or completeness of those disclosures
The terms of this Agreed Final Decree of Divorce have been explained fully to each party Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of flssets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
Voluntarily Signed
Each party has read carefully this Decree and is aware of its contents and legal effect Each party acknowledges that he and she have made an investigation of assets and obligations of the parties and the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreed Final Decree of Divorce
The parties each acknowledge that before signing the Agreed Final Decree of Divorce they have read the document fully and completely have had the opportunity to ask any questions regarding the same and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case The parties acknowledge that they have voluntarily affixed their signatures to the Agreed Final Decree of Divorce believing their agreement to be a just and right division of the marital debt and assets and state that they have not signed by virtue of any coercion any duress or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree
It is ORDERED that all relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writ) and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED~WQ 2010 -r
IMM() Kirlc Page 19021 Agreed Final Decee 0Divorce
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10258 PG1348
Clarification
Without affecting the finality of this Final Decree of Divorce this Court expressly reserves the right to make orders necessary to clarify and enfo[(e this Decree
It is ORDERED that al1 relief requested in this case and not expressly granted is DENIED This is a final judgment for which let execution and all writs and processes necessary to enforce this judgment issue This judgment finally disposes of all claims and all parties
SIGNED _____-- 2010
JUDGE PRESIDING
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE
Nancy Kirk
Lgtd ~L Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ ~ 2010 by Donald
UNNEA D IENNm Notary Public State of Texa
My Commislon June Notary Public State of Texas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on _____ 2010 by Nancy Kirk
Notary Public State of Texas
IMMOKbi
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10258 PG1349
Donald Kirk
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notaly Public on ____- 2010 by Donald Kirk
Notary Public State ofTexas
THE STATE OF TEXAS sect COUNTY OF TRAVIS sect
Signed and acknowledged before me the undersigned Notary Public on~ 2010
by Nancy
~rk JIlL M IAUEIlfIN _ JA amp 2~~ bull NoIelyN1llc SttIaotTexn YlVl ~ My=~~~res Public State ofTexas
IMMOXI14 Pap 2(J 021
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
DC BK10258 PG1350
AlPROVED AS TO FORM ONLY
THE LAW OFFICES OF JENNIFER 11JLL 700 Lavaca Street Suite 1150 Austin Texas 78701 Telephone (512) 472-1919 Facsimile (512) 472-1806
By ~ J erTullfjt~~
Attorneys for Nancy Kirk
TRUSLER MENDUNI PLLC 5300 Bee Cave Road Building m Suite 250 Austin Texas 78746
Telephone~F~Unilo ~t)47819 ~ By W
Cristi Trusler State Bar No 24002804 Attorneys for Donald Kirk
IMMOKlrt
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
- TEACHER RETIREMENT SYSTEM OF TEXAS TRS 25 1000 Red River Street Autin Texas 78701middot2698 BeT 02-09
Telephone (612) 642-6400 or 1-80G-J23TR8T(8778) WWWtrsstatebtua 20100715 15 20006-796 2R
SERVICE RETIREMENT ESTIMATE OF BENEFITS
00378861
Name DONALD R KIRK Social SeeuritJ No Age of Member at Retirement 53 00 Beneficiary WIFII
Retirement Date JUL 31 Member Biribday JUL 1959 BeneficilllJ Age 58
2012
INSlRUCTJONS The fOllowing cakulations are based on service and salary information eontained in your file at the Teacher Retirement Sstem (TRS) Please notify TBS ifany fpres ditTer from JOur personal record and explain the differenees The laet annual salary is usually estimated Your anruuO wiU be reealculated after the empluyer rep-m your uad final olGry AlUlual salaries used iD this estimate are eulUect to audit and adJustment by TRS
CALCULATING YOUR ANNUITY
Highest annual salaries 2005-06 2006-07 2007-08 2008-09 2009-10 $178000 $211635 $237928 $250320 $26261
Higheat averap salary $228699 Years of service credit 27 Total service 27 X 230 = 6210
$228699 X 06210 - $11202201 StandardAnnuityperrear[grosa) $11202204 +12= $1183517 Standard Annuity per month (gross)
SEE A7TACRID BKCBSS BBHBPIT PAYMENTS BSTIMArI
TBB RBTlRBMENT PAYMENT PLANS (S nlWrw side (or additional in~rmotion) One or these plans is to be selected on JOur Applicatirm for Service Retirement furm (TRS 30) which must be filed witJa the Teacher Retirement System no later than the Jut daJ of the II8COnd calendar month following your ~tTective date 01 retirement
STANDARD ANNUITY -$1183517 per month (gros) payable th1T1Ulhoutyour life
OION I $11 181 bull 87 per month (gross) payable tAroUliaout your life Upon your death thia same amount will bull continue to be paid throuchout the liIe of the person you name beneficiary for this benefit If the pemoD designated a8
beneficiary for this benefit dies before you future annuity paymenta to JOU will increase to the standard annuity amount Based on federal regulations YOll may not be elicible to select Option 1 ifyou derdgnate a non-spouse beneficiary who ia younger than you
OPTION 2 $1149905 per montb (gross) payable throU(laoullOOf life Upon your death one-halft1l2)~thls amount will be paid throughout the life oCthe person you name beneficiary Cor this benefit lithe perllO~Jg1lated as beneficiary for thia benefit dies before you future annuity payments to JOU wiD increase to the standard annuity amollnt
OPTION 3 $1181268 pel month (grou) payable throUgiaoutJOOf iCe Should your death occur within a period of 60 months (6 years) (rom the date or 10ur retirement this same amount win be paid to your beneficiary until the remainder of the 60 payments has been made
OPTION 4 $11 76 bull 41 per month (gross) payable tltroughout your life Should your death oceur within a period of 120 months (10 years) (rom the date of JOur retirement this same amount will be paid to your beneficialJ until the remainder of the 120 payments h been made
OPTION 15 IIi( 338 bull 09 per month (lUOu) payable Ihrougiaout yoW lire Upon JOur death three-fourtbs (814) of this amounl wi bo paid throughout the lire of the penon 1011 name beneficiary fbr this benefit II the person designated as beneficiary tor this benefit dies befOre you ruture aniluity paymentli to you will increase to the $tandard annuity amount Based on federal regalatio yon may not be eligible to select Option 6 if you designate a non-spouse beneficiary who is younger than you Thia regulation applieamp U reurllmentli after December 31 2007
SEE REVERSE FOR DBSCRlPTION OF ADDITlONAL BRNEPITS
