IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

VFS LEASING CO. )

)

Plaintiff, )

) CIVIL ACTION NO.

vs. ) 3:06cv638-SRW

)

G.F. KELLY, INC. dlb/a KELLY )

TRUCKING; and GUY KELLY, )

)

Defendants )

CONSENT JUDGMENT

G.F. Kelly, Inc. d!b/a Kelly Trucking and Guy Kelly (collectively “Kelly Trucking”), the

defendants herein, do hereby confessjudgment in favor ofplaintiffVFS Leasing Co. (“VFS”) in the

amount of $320,000.00 and hereby authorize this Court to enter judgment for said amount against

them and in favor ofVFS. Kelly Trucking admits that the total amount of $320,000.00 includes its

unpaid debt for the lease oftractor-trailers provided by VFS. Kelly Trucking acknowledges that

this is a just debt and obligation and that Kelly Trucking assents to the entry of this Consent

Judgment against Kelly Trucking in the amount and under the terms provided herein, and enters in

this Consent Judgment in settlement ofamounts owed to VFS.

As set forth in the Settlement Agreement and General Release entered into by Kelly

Trucking and VFS in this action (the “Settlement Agreement”), VFS will refrain from filing in the

probate records, enforcing, levying, or executing upon this Consent Judgment until such time as

KellyTrucking is in default asthat term is defined in the Settlement Agreement, at which time VFS

will have the rightto all Remedies provided to it in the Settlement Agreement.

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Case 3:06-cv-00638-SRW Document 48 Filed 08/02/2007 Page 1 of 5
Beginning on: the tenth (l0~)day after default as that term is defined in the Settlement

Agreement, VFS may, in its sole discretion, accelerate the dtht due hereunder and shall so notify

KellyTrucking byUS. Mail to: I Main Street, Post Oi~ceBox 29, Wadley, Alabama 36276, and

require payment ofthe total aruotmt due under this Consent Judgment, plus reasonable aftoiney’s

fees, costs, and postjudgment interest from the date ofthe entty ofthis Consent Judgmeni; less any

payments made through the date of default by Kelly Trucking pursuant to the terms of the

Settlement Agreeinex~t. Arty decision by VPS not to accelerate the debt due shall in no way

consthitea waiver by VPS ofitstightto accelerate.

Kelly Trucking acknowledges that it has had the opportumty to consult with counsel in the

execution ofthis Consent Judgment and authorizes the entry ofjudgment as specified above and

voluntarily, intelligently, and knowingly waives notice and hearing.

DATED This ~ day ofAt/~frc~t2OO7.

nJAc275~3o29v1 2.

i0~9~65-U0O~44 1J2~F2OO7

Case 3:06-cv-00638-SRW Document 48 Filed 08/02/2007 Page 2 of 5
STATh OPAIABAMA~

COUNTY OF i~t) nc(~c k

G. ily, Inc. /a Kelly Trucking

I. the undersigned authority in and for said ~ounty in said Stat; hereby certil~that

F KeJt j is known to me and acknowledged before me on

this day ~hathe, in his capacity as ~ d~t-~of GY. Kelly, Inc. dlb/a Kelly Trucking and

‘with thu authority, executed the same voluntarily, for and ~aathe act ofsaid corporation on the

day the samebears date.

Given under my hand and seal thisthe ~ ~ day of ~1u~ ü ç f 2007.

(ilY~~

[AXN(~~1ALSEAL] o PUblic

My CoulssiÔp~Bxpires:______________

MVCQMMZSS1ON~XPZRESI?~b20 2~Ii

- ~ONoT~yjJ~~ uNp~RWj~rr~

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Case 3:06-cv-00638-SRW Document 48 Filed 08/02/2007 Page 3 of 5
STAOF-ALAB~MA~

COUNTY OP JEFFERSON

VFSLea~igo.

By:

Its: ~ P~J~4~i~k~i

I, the undersigned authority in and for said

NId~o/4s I .Jr~es is kno~uto me

he/she, in his/her capacity as

authority, executed the same

same bears date.

[AFFIXNOTAR1AL

V

Given under my hand and seal this

B JAc2 753029 ~1

1039265-0000447/23P2007

4

Case 3:06-cv-00638-SRW Document 48 Filed 08/02/2007 Page 4 of 5
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

VFS LEASING CO. )

)

P1aintiff~, )

) CIVIL ACTION NO.

vs. ) 3:06cv638-SRW

)

G.F. KELLY, INC. di’b/a KELLY )

TRUCKING; and GUY KELLY, )

)

Defendants )

ORDER

In accordance with the agreement of the parties set forth above, it is ORDERED,

ADJUDGED and DECREED that plaintiff VFS Leasing Co. have and recover of defendants G.E.

Kelly, Inc. dlb/a Kelly Trucking and Guy Kelly the sum of $320,000.00, plus interest, costs, and

attorney’s fees as provided herein.

It is further ORDERED, ADJUDGED and DECREED that the agreement ofthe parties as

set forth above is thejudgment and decree ofthis Court.

It is finally ORDERED by the Court that payment ofthe proceeds ofthe judgment and costs

herein shall be made directly to the attorneys of record for the plaintiff and that, upon receipt

thereof, the attorneys of record for the plaintiff will satisfy said judgment on the records ofthis

Court.

Done this _____ dayof ,2007.

The Honorable Susan R. Walker

Magistrate Judge

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