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F iled: 41 1 8120'17 9:07:40 AM

Lynne Finley

District Clerk

Collin County, Texas

By Shatoya Morgan Deputy

Envelope lD: 16502564

Cause No. 296-0080 t-201 7

M.8., I.B. and J.S., IN TFIE DISTRICT COURT

Plaintffi,

2g6TH JUDICIAL DISTRICT

MATTHEW GUY LANDGRAF,

KEVIN M. ROSS, TRUSTEE, FOR

THE USE AND BENEFIT OF

MATTHEW GUY LANDGRAF,

KEVIN M. ROSS, Individually,

STi FAMILY HOLDINGS, LP,

STi FAMILY MANAGEMENT, LLC

ANd STi REAL ESTATE, LLC

Defendants COLLIN COUNTY, TEXAS

PLAINTIFFS' FIRST AMENDED PETITION AND APPLICATION

FOR TEMPORARY RESTRAINING ORDER, TEMPORARY

INJUNCTION ANI) INJUNCTION

TO THE HONORABLE COURT:

M.8., I.B. and J.S. ("Plaintiffs)" complain of Matthew Guy Landgraf

("Landgraf'), Kevin M. Ross, Trustee, for the use and benefit of Matthew Guy

Landgraf ("Landgraf Trust"), Kevin M. Ross, Individually ("Ross"), STi Family

Holdings, LP ("STi - LP"), STi Family Management, LLC ("STi - GP") and STi

Real Estate, LLC ("STi Real Estate"), Defendants, and for causes of action would

show:

PLAINTIFFS'FIRST AMENDED PETITION AND APPLICATION FOR TEMPORARY - Page I of 18

ORDER. TEMPORARY INJUNCTION AND PERMANENT INJUNCTION

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"\Nn

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I.

DISCOVERY NTROL PLAN

I . I Plaintiffs seek monetary relief over $ 1,000,000. Therefore, this suit is

subject to a Level 3 Discovery Control Plan.

II.

PARTIES AND SERVICE

2.1 Plaintiff, M.B. is an individual and a resident of the State of Florida.

2.2 Plaintiff, I.B. is an individual and a resident of the State of California.

2.3 Plaintiff, J.S. is an individual and a resident of the State of Texas

2.4 Defendant, Matthew Guy Landgraf, has previously answered and

appeared herein and may be served with a copy of this petition in accordance with

Rule 21 of the Texas Rules of Civil Procedure

2.5 Defendant, Kevin M. Ross, Trustee, for the use and benefit of

Matthew Guy Landgraf, has previously answered and appeared herein and may be

served with a copy of this petition in accordance with Rule 21 of the Texas Rules

of Civil Procedure.

2.6 Defendant, Kevin M. Ross, Individually, has previously answered and

appeared herein and may be served with a copy of this petition in accordance with

Rule 2l of the Texas Rules of Civil Procedure.

2.7 Defendant, STi Family Holdings, LP, has previously been served in

this matter. No further service is required at this time.

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2.8 Defendant, STi Family Management, LLC, has previously been

served in this matter. No further service is required at this time.

2.9 Defendant, STi Real Estate, LLC, has previously been served in this

matter. No further service is required at this time.

JURISDICTION AND VENUE

A. General Jurisdiction.

3.1 The subject matter in controversy is within the jurisdictional limits of

this court.

3.2 This court has jurisdiction over Defendant Matthew Guy Landgraf

because he is a Texas resident, and by virtue of a judgment entered against him in

Cause No. 296-02629-2016.

3.3 This Court has jurisdiction over Defendant Kevin M. Ross, Trustee,

for the use and benefit of Matthew Guy Landgraf because he is a Texas resident.

3.4 This Court has jurisdiction over Defendant Kevin M. Ross,

Individually, because he is a Texas resident.

3.5 This court has jurisdiction over Defendant STi Family Holdings, LP

because it is a domestic limited partnership

3.6 This court has jurisdiction over Defendant STi Family Management,

LLC because it is a domestic limited liability company.

PLAINTIFFS'FIRST AMENDED PETITION AND APPLICATION FOR TEMPORARY - Page 3 of 18

ORDER. TEMPORARY INJUNCTION AND Pf,RMANENT INJUNCTION

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III.

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3.7 This court has jurisdiction over Defendant STi Real Estate, LLC

because it is a domestic limited liability company

B. Venue.

3.8 Venue in Collin County is proper in this cause under Sections 15.002

and 15.005 of the Texas Civil Practice and Remedies Code.

IV.

VIOLATION OF UNIFORM FRAUDULENT TRANSFER ACT

4.1 On March 22r 2012, Defendant Landgraf was arrested in connection

with charges of production of child pornography. Defendant Landgraf was

subsequently indicted April 12, 2012 on two counts of production of child

pornography involving Plaintiff M.B. A true and correct copy of the indictment is

attached hereto as Exhibit "A" and incorporated herein by reference. Although not

named in the criminal case, Plaintiffs I.B. and J.S. were also victims of Defendant

Landgrafs criminal conduct. At the time of his arrest and indictment, Defendant

Landgraf was manied to Plaintiffs M.B. and I.B.'s mother. Defendant Landgraf

pled guilty to the offenses charged and an Order finding Defendant Landgraf guilty

was entered November 13, 2012. A true and correct copy of the Order is attached

hereto as Exhibit trBrr and incorporated herein by reference. A judgment of

conviction was entered and Defendant Landraf was finally sentenced on

November 21, 2013 to 180 months (15 years) in prison and was ordered to

surrender to the Federal Bureau of Prisons on January 21, 2014. A true and

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correct copy of the Judgment in a Criminal Case is attached hereto as Exhibit "C"

and incorporated herein by reference. At the time of his arrest, Defendant

Landgraf knew or should have known the Plaintiffs' civil claims against him had

accrued.

4.2 As of the date of his arrest, Defendant Landgraf owned the following

real property:

No. County Common Description Legal Description

1 Dallas 9210 Miles Road

Rowleff, Texas 750891

See Exhibit "D" attached

hereto and incorporated

herein.

2 Dallas 9214 Miles Road

Rowlett, Texas 75089

See Exhib it "E" attached

hereto and incorporated

herein.

4.3 Defendant Landgraf sought to protect his assets from his creditors

Defendant Landgraf was referred to Defendant Ross by his criminal attorney

Defendant Landgraf retained Defendant Ross in August 2012, approximately five

months after his arrest, to assist him in transferring ownership of his assets and

placing them beyond the reach of his creditors. Approximately six months

thereafter, Defendant Landgraf also executed a general power of attorney in favor

of Defendant Ross, giving Defendant Ross broad authority over Defendant

I Publi, records indicate that Defendant Landgrals step-father, W.N. Nichols, owns a Life Estate in this

property and Defendant Landgraf owned the Remainder at the time of his arrest.

PLAINTIFFS' FIRST AMENDED PETITION AND APPLICATION FOR TEMPORARY - Page 5 of 18

ORDER. TEMPORARY INJUNCTION AND PERMANENT INJUNCTION

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0,

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Landrafs assets. At the time he was retained, Defendant Ross knew Defendant

Landgraf was under federal indictment for production of child pornography.

Despite this knowledge, Defendant Ross actively engaged in activities in

furtherance of the sale of the real property including, but not limited to, engaging

an appraiser and broker in connection with the sale and communicating with

potential buyers of the property.

4.4 On or about April 2, 20t3, Defendant Landgraf created the Landgraf

Trust with the assistance of Defendant Ross, who drafted the Landgraf Trust and

seryes as Trustee of the Trust. Shortly thereafter and in furtherance of the scheme

to defraud his creditors, Defendant Landgraf also formed STi Family Holdings,

LP, STi Family Management, LLC and STi Real Estate, LLC (referred to

collectively herein as the "Entity Defendants") on July 22, 2013. The Entity

Defendants were formed by attorney Kyle Carlton, an attorney to whom Defendant

Ross referred Defendant Landgraf for that purpose. Defendant Ross is the

registered agent for the Entity Defendants and the principle place of business of the

Entity Defendants is Defendant Ross's business address, past and present

Moreover, Defendant Ross is a member of Defendant STi - GP, which is the

general partner of Defendant STi - LP and a member of Defendant STi Real

Estate. Defendant Ross also hired a CPA to file franchise tax returns on behalf of

the Entity Defendants. Defendant Landgraf made certain capital contributions to

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ORDER. TEMPORARY INJUNCTION AND PERMANENT INJUNCTION

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the Entity Defendants. Defendant Landgraf may have transferred other assets to

the Entity Defendants. Upon information and belief Defendant Landgraf

transferred his ownership interests in the Entity Defendants, in whole or in part, to

Defendant Landgraf Trust on or about July 30, 2013.

4.5 Thereafter on August 26, 2014, Defendant Landgraf transferred his

ownership interests in the property described in the preceding paragraph by

executing deeds conveying title to Defendant Landgraf Trust. See Exhibits "F"

and "G" attached hereto and incorporated herein. Defendant Ross prepared the

deeds and recorded them with the Dallas County Clerk's office.

4.6 Plaintiffs filed suit in Case No. 4:14-cv-00708 against Defendant

Landgraf in the United States District Court for the Eastem District of Texas on

November 7, 2014 alleging damages and injuries sustained as the result of

Defendant Landgrafs criminal and tortious conduct that ultimately led to his

incarceration. A Final Default Judgment was entered by the Court on April 4,

2016, a true and correct copy of which is attached hereto as Exhibit "H."

Thereafter, the Judgment was registered in state court in the 2g6s' District Court,

Collin County, Texas in Cause No. 296-02629-2016. This judgment became final

on July 26,2016 and is a valid and subsisting judgment.

4.7 Defendant Landgraf, with the assistance of Defendant Ross and

possibly others, transferred the property described above with the intent to delay,

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hinder and defraud the Plaintiffs and others similarly situated. Defendant

Landgraf, aided and abetted by Defendant Ross, transferred the property with the

intent of preventing the Plaintiffs and others similarly situated from obtaining

collection of their claims described above. Defendant Ross knew the effect the

transfers would have on Plaintiffs and those similarly situated and agreed and/or

advised Defendant Landgraf in the means andlor methods to accomplish the

transfers. Defendant Landgraf and Defendant Ross created the Landgraf Trust to

hide Defendant Landgrafs assets and perpetrate a fraud or injustice on Plaintiffs.

Furthermore, upon information and belief, Defendant Landgraf formed the Entity

Defendants for the purpose of secreting his assets and perpetrating a fraud or

injustice on Plaintiffs and as part of an unfair device to achieve an inequitable

result. Therefore, the Court should disregard their legal fiction status to prevent

their use as a cloak for fraud or to work an injustice.

4.8 The transfer of property to Defendant Landgraf Trust andlor to the

Entity Defendants violated the Uniform Fraudulent Transfer Act in that Defendants

Landgraf and Ross transferred property to the Trust andlor the Entity Defendants

with actual intent to hinder, delay, or defraud Plaintiffs and other similarly situated.

Alternatively, Defendant Landgraf did not receive a reasonably equivalent value in

exchange for the transfers and he intended to incur, or believed or reasonably

should have believed that he would incur debts beyond his ability to pay as they

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became due. Defendant Landgraf andlor Defendant Ross retained and retain

possession or control of the property transferred into the Trust andlor the Entity

Defendants. Moreover, the transfers were of substantially all of Defendant

Landgrafs assets, which he attempted to conceal by the transfers, and occurred

shortly after a substantial debt was incurred.

4.9 Defendant Landgraf, who was incarcerated during most if not all of

the transfers, engaged in the foregoing transfer actions at all times aided and

abetted by Defendant Ross and possibly others with full knowledge of Plaintiffs'

claims, and with the intent of depriving Plaintiffs from satisfaction of their claims

against Defendant Landgraf. Defendant Ross is Defendant Landgrafs primary

contact concerning his financial affairs. Additionally, Defendant Ross actively

participated in the attempted sale of real properly owned by Defendant Landgraf

andlor Defendant Landgraf Trust. In so doing, Defendant Ross conspired to

defraud Plaintiffs by knowingly assisting Defendant Landgraf in evading a

j udgment through fraudulent transfers.

4.10 Plaintiffs are entitled to avoidance of the transfers to the extent

necessary to satisff Plaintiffs' claims andlor affachment of the transferred property

and the proceeds from the sale of the transferred property. Alternatively, Plaintiffs

are entitled to appointment of a receiver to take charge of the assets transferred

and/or the Entity Defendants, or any other relief the circumstances may require.

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ORDER. TEMPORARY INJUNCTION AND PERMANENT INJUNCTION

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4.ll Plaintiffs are also entitled to personal judgment against Kevin M.

Ross, Trustee of Landgraf Revocable Trust, UIAID April 2,2013 for the value of

the property transferred to the Trust, as well as judgment against STi Family

Holdings, LP, STi Family Management, LLC and STi Real Estate, LLC for the

value of the property transferred to the Entity Defendants andlor Landgraf Trust

Plaintiffs are further entitled to judgment for joint and several liability against

Defendant Ross for the value of all assets transferred aided and abetted by

Defendant Ross. Plaintiffs are further entitled to have execution issued and levied

on the transferred property

4.12 In addition to other damages, under Business and Commerce Code

Section 24.013, Plaintiffs are entitled to costs and reasonable attorney's fees as are

equitable and just.

V.

CIVI CONSPIRACY

5.1 The Plaintiffs incorporate by reference Sections I-IV above as if set

forth at length herein.

5.2 Defendants Landgraf and Ross conspired to defraud Plaintiffs by

evading a judgment through fraudulent transfers. Defendants Landgraf and Ross

had a meeting of the minds on the course of action to secret the assets of Defendant

Landgraf. Namely, Defendants Landgraf and Ross agreed to create the Landgraf

Trust to receive assets of Defendant Landgraf. Defendants Landgraf and Ross also

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agreed to the creation of the Entity Defendants to receive assets of Defendant

Landgraf. The Entity Defendants were created as part of an estate planning

scheme, the purpose of which was to shield Defendant Landgrafs assets from

creditors. Defendant Landgrafs assets were transferred in violation of the Texas

Uniform Fraudulent Transfer Act aided and abetted by Defendant Ross. Plaintiffs

were injured as a result.

6.1 The Plaintiffs incorporate by reference Sections I-V above as if set

forth at length herein.

6.2 Plaintiffs request the Court impose a constructive trust on all property

of whatever kind or character held in the name of the Landgraf Trust or any of the

Entity Defendants received by the Defendants as the result of a fraudulent transfer,

as well as the proceeds of sale thereof, for the benefit of Plaintiffs.

VII.

PUNITIVE/EXEMPLARY DAMAGE S

7.1 The Plaintiffs incorporate by reference Sections I-VI above as if set

forth at length herein

7.2 Plaintiffs specifically allege that Defendants Landgraf, Landgraf

Trust, Ross, STi - LP, STi, STi - GP and STi Real Estate's wrongful conduct

complained of above relative to violations of Chapter 24 of the Texas Business and

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vI.

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Commerce Code were committed fraudulently and maliciously. Therefore,

Plaintiffs assert claims against Defendants for punitive/exemplary damages at the

highest amount allowed by law and without any cap or any other limitations due to

Defendants' knowing andlor intentional conduct described in $41.008(c)(10) of the

Texas Civil Practice and Remedies Code.

vIII.

DECLARATORY JUDGMENT ACTION

8.I A genuine controversy exists concerning the nature and

characterization of the real properly owned by Defendants Landgraf andlor

Landgraf Trust and made the subject of this lawsuit. Specifically, the parties

disagree whether the real property the subject of this suit constitutes a Homestead,

and whether the real properly is 'trban" or "rural" for purposes of determining the

nature and extent of any Homestead exemption, if any can be claimed on the

subject real property, which is denied.

8.2 Plaintiffs request the Court to declare that the real property the subject

of this action is not DefendantLandgraf s homestead and is, therefore, non-exempt

real property of Defendant Landgraf andlor Defendant Landgraf Trust. In the

alternative, if the Court determines the subject real property is Defendant

Landgra?s homestead, Plaintiffs request the Court to declare that the subject real

property is an urban homestead rather than a rural homestead.

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IX.

REOUEST FOR TEMPORARY RESTRAINING ORDER

AND TEMPORARY INJUNCTION

9.1 The Plaintiffs require injunctive relief to prevent the Defendants from

further alienating and transferring assets, and from encumbering existing assets of

Defendants, or assets subject to Defendants control, in violation of the Uniform

Fraudulent Transfer Act

9.2 The Plaintiffs have alleged a cause of action against Defendants

arising from a valid and subsisting judgment and have shown a probable right of

recovery and likelihood of success on the merits. Failure to grant the requested

relief would allow Defendants to put assets beyond the reach of Plaintiffs and

render this litigation ineffectual. There is no adequate remedy at law and Plaintiffs

will suffer imminent, irreparable harm without Court intervention.

9.3 As a direct and proximate result of the Defendants' wrongful actions

as alleged in this petition, the Plaintiffs have suffered and will continue to suffer

imminent injury that will be irreparable and for which no adequate remedy at law

exists without the protections of a temporary restraining order and injunctive relief

The Plaintiffs are willing to post the necessary reasonable bond to facilitate the

inj unctive relief requested.

9.4 The only adequate, effective, and complete relief to the Plaintiffs is to

restrain the Defendants from further engaging in certain proscribed activities, as set

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forth below. Pursuant to Tex. R. Civ. P. 680 et seq. and Tex. Bus. & Com. Code $

2a.008(a)(3XA), and in order to preserve the status quo during the pendency of this

action, the Plaintiffs seek a temporary restraining order, and on hearing, a

temporary injunction, ordering and immediately restraining the Defendants,

including the Defendants' agents, servants, employees, independent contractors,

attorneys, representatives, and those persons or entities in active concert or

participation with them (collectively, the "Restrained Parties") as follows

a. Enjoining the Defendants from directly or indirectly, absolutely or

conditionally, voluntarily or involuntaily, disposing of or parting with

any assets of the Defendants or any interest in such assets.

b. Enjoining the Defendants from directly or indirectly, absolutely or

conditionally, voluntarily or involuntarily, disposing of or parting with

any assets or any interest in such assets over which the Defendants

exercise control, directly or indirectly

c Enjoining the Defendants from leasing any assets of the Defendants or

any assets over which the Defendants exercise control, directly or

indirectly.

d. Enjoining the Defendants from creating a lien against or encumbering

any asset of the Defendants or any assets over which the Defendants

exercise control, directly or indirectly

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x.

PRAYER

WHEREFORE, Plaintiffs request that Defendants be cited to appear and

answer herein and prays for the following relief:

A temporary restraining order, and upon hearing, a temporary

injunction for the relief requested above;

Judgment declaring that the transfers from Defendant Matthew Guy

Landgraf to Kevin M. Ross, Trustee of Landgraf Revocable Trust,

U/AID April 2, 2013, STi Family Holdings, LP, STi Family

Management, LLC, and STi Real Estate, LLC, or between any of

them, are avoidable by Plaintiffs and for any other relief appropriate

under the circumstances;

Judgment against Defendants Matthew Guy Landgraf, Kevin M. Ross,

Trustee of Landgraf Revocable Trust, UIND April 2,2013, Kevin M.

Ross, Individually, STi Family Holdings, LP, STi Family

Management, LLC, and STi Real Estate, LLC for attachment of the

transferred property and the proceeds from the sale of the transferred

property;

Alternative judgment appointing a receiver to take charge of the assets

transferred and/or the Entity Defendants;

Judgment against Defendant Kevin M. Ross, Trustee of Landgraf

Revocable Trust, UIAID April 2, 2013, for the value of the assets

transferred and the proceeds from the sale of the transferred assets;

Judgment against Defendant STi Family Holdings, LP for the value of

the assets transferred and the proceeds from the sale of the transferred

assets;

Judgment against Defendant STi Family Management, LLC for the

value of the assets transferred and the proceeds from the sale of the

transferred assets;

a.

b

c

d

e

f.

o

b.

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h Judgment against Defendant STi Real Estate, LLC for the value of the

assets transferred and the proceeds from the sale of the transferred

assets;

Joint and several judgment against Defendant Kevin M. Ross,

Individually, for the value of all assets transferred aided and abetted

by Defendant Ross;

Imposition of a constructive trust as requested herein;

Judgment against Defendants Matthew Guy Landgraf, Kevin M. Ross,

Trustee, for the use and benefit of Matthew Guy Landgraf, Kevin M.

Ross, Individually, STi Family Holdings, LP, STi Family

Management, LLC and STi Real Estate, LLC for punitive/exemplary

damages at the highest amount allowed by law;

Judgment declaring that the subject real property is not Defendant

Landgrafs homestead and is, therefore, non-exempt real property or,

alternatively, that the subject real prope(y is an urban homestead and

not a rural homestead;

m. That execution be issued and levied on the transferred property;

Judgment awarding Plaintiffs post-judgment interest as provided by

law from the date ofjudgment until paid;

Judgment awarding Plaintiffs costs of suit and reasonable attorney's

fees as are equitable and just; and

Judgment awarding Plaintiffs such other and further relief to which

Plaintiffs may be justly entitled.

i.

j.

k

n.

o

p

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Respectfully submitted,

Pncr,ln & Annavrsox, P.C.

By /s/ Tracey L. Cloutier

Tracey L. Cloutier

State Bar No. 24031954

tcloutier@pecklaw.com

Timothy D. Matheny

State Bar No. 24000258

tmathenv@pecklaw.com

8080 N. Central Expressway

Suite 1600, LB 65

Dallas, Texas 7 5206-1819

(214) 523 -51 00 Telephone

(21 4) 521 -460 I Facs imile

-andM,q,rrHnws, SHIELS, KNott,

EnnN, Davrs & Buxr,.q.Nn, L.L.P.

By: /s/ Robert J. Davis

Daniel A. Knott

State Bar No. 11622700

dknott@mssattorneys. com

Robert J. Davis

State Bar No. 05543500

bdavis@ mssattorneys. com

Crosspoint Atrium

8131 LBJ Freeway, Suite 700

Dallas, Texas 75251

(97 2) 23 4-3 400 Telephone

(97 2) 23 4- 17 50 Facs imile

ATTORNEYS FOR PLAINTIFFS

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ORDER. TEMPORARY INJUNCTION AND PERMANENT INJUNCTION

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CERTIFICATE OF SERVICE

I certiff that atrue and correct copy of Plaintiffs First Amended Petition and

Application for Temporary Restraining Order, Temporary Injunction and

Permanent Injunction was served on all attorneys andlor parties of record in

accordance with the Texas Rules of Civil Procedure on April 18,2017

/s/ Trace L. Cloutier

TRACEY L. CLOUTIER

PLAINTIFFS'FIRST AMENDED PETITION AND APPLICATION FORTEMPORARY - Page 18 of 18

ORDER. TEMPORARY INJUNCTION AND PERMANENT INJUNCTION

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i

j\\.)

Exhibit $A))

J

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v

Case 4:12-cr-00086-TH-DDB Document L4 Filed O4lL2lL2 Page 1 of 5 PagelD #: 22 FILED

EAslEt,PHI$h96f8F,$E**

IN THE LINITED STATES DISTRICT COURT APR I 2 2OI2

FOR THE EASTERN DISTRICT OF TEXASAVID J. MAIJ\ND, OLEHI'(^

SHERMAN DTVTSTON BErr*_---

LTNITED STATES OF AMERICA

NO.4:l

(Judge

MATTHEW LANDGRAF

INDICTMENT

THE UNITED STATES GRAND JURY CITARGES:

Count One

Violation: l8 U.S,C. $$ 2251(a) and (e)

(Production of Child Pornography)

From a time unknown to the Grand Jury through in or about March 2012, in the

Eastem District of Texas, Matthew Landgraf, defendant, did employ, use, persuade,

induce and entice a minor, M,B., to engage in sexually explicitconduct for the purpose of

producing a visual depiction of such conduct, that was produced using materials that had

been mailed, transported, and shipped in interstate and foreign commerce. Specifically,

Landgraf using a hidden carnera created a visual depiction involving the lewd and

lascivious display of the minor M.B.'s genitalia.

In violation of l8 U.S.C. 5 2251(a) and (e).

$

$

$

$

$

Indictment - Pnge I

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Count Two

Violation: l8 U.S.C. $$ 2251(a) and(e)

(Production of Child Pomography)

From a time unknown to the Grand Jury through in or about March 2012, in the

Eastern District of Texas, Matthew Landgraf, defendant, did employ, use, persuade,

induce and entice a minor, M,B., to engage in sexually explicit conduct for the purpose of

producing a visual depiction of such conduct, that was produced using materials that had

been mailed, transported, and shipped in interstate and foreign commerce. Specifically,

Landgraf using a hidden camera created a visual depiction involving the lewd and

lascivious display of the minor M.B.'s genitalia.

In violation of 18 U.S.C. S 2251(a) and (e).

Notice of Intent to Seek Criminal Forfeitqre

As the result of committing the ofTenses alleged in this Indictment, Landgraf,

defendant, shall forfeit to the United States his interest in the following property,

including, but not limited to:

L any property, real or personal, used or intended to be used to commit or. to

facilitate the commission of this violation; and

2. any property, real or personal, that constitutes or is derived from proceeds

traceable to this violation.

Moreover, if any properry subject to forfeiture, as a result of any act or omission by

the defendant:

Indictmcnt - Page 2

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(a) cannot be located upon the exercise ofdue diligence;

(b) has been transfened or sold to, or deposited with a third party)

(c) has been placed beyond the jurisdiction of the court;

(d) has been substantially diminished in value; or

(e) has been commingled with other property which cannot be subdivided

without difficulty;

the defendant shall forfeit to the United States any other property of the defendant up to

the value of the forfeitable property.

This properly is forfeitable pursuant to 18 U.S.C . $ 2253(a) based upon the property

being:

(1) any visual depiction described in section . . ,2252 of this chapter, or any

book, magazine, periodical, film, videotape, or other matter which contains

any such visual depiction, which was produced, transported, mailed,

shipped or received in violation of this chapter;

(2) any property, real orpersonal, constituting or traceable to gross profits or

other proceeds obtained from such offense; or

(3) any properly, real or personal, used or intended to be used to comrnit or to

promote the commission of such offense.

By virtue of the commission of the offenses alleged in this Indictment, any and all

interest the defendant has in this property is vested in and forfeited to the United States

Indictnent - Page 3

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pursuant to 18 U.S.C.52253.

A TRUE

JURY FOREPERSON

JOHN M. BALES

UNITED STATES ATTORNEY

7- lzDate

)

Assistant States

Indlctment - Page 4

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v

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IN TIIE UNITED STATES DISTzuCT COI.]RT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

UNITED STATES OF AMERICA

NO.4:12CR_

(Judge

MATTI{EW LANDGRAF

NqTrcE olF PENALTY

Counts One & Two

Violation: 18 U.S.C. $ 2251(a) and (e)

Production of Child Pomography

Penalty Imprisonment for not less than fifteen years nor more thirty

years; but ifthe defendant has a prior conviction under this

chapter, section 1591, chapter 71, chapter 109A, chapter 117,

or under section 920 of title 10 (article 120 of the Uniform

Code of Military Justice), or under the laws of any State

relating to aggravated sexual abuse, sexual abuse, or abusive

sexual conduct involving a minor or ward, or the production,

possession, receipt, mailing, sale, distribution, shipment, or

transportation of child pornography or sex trafficking of

childten, such person shall be irnprisoned for not less than

twenty-five years and not more than frfty years; but if the

defendant has two or more convictions as described above,

such person shall be imprisoned for not less than thirty-five

years or for life; a fine of not more than $250,000; and a term

of supervised release of not less than five years to life.

Special Assessment: $ 100.00

$

$

$

$

$

)

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I

I

L)

nxhibit 668"

J

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V

Case 4:I2-cr-00086-TH-DDB Document 50 Filed tIlI3lL2 Page 1- of 1 PagelD #: 776

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF' TEXAS

SHERMAN DIVISION

UNITED STATES OF AMEzuCA

CASENO.4:12CR86

(Judge Schell)

MATTHEW LANDGRAF

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND FINDING

DEFENDANT GUILTY ON COUNTS ONE AND TWO OF THE II\IDICIMENT

On this day, the court considered the Findings ofFact and Recommendation of United States

Magistrate Judge Don D. Bush regarding Defendant's plea of guilty to Counts One and Two of the

Indictment in the above-numbered cause. Having conducted a proceeding in the form and manner

prescribed by Feo. R. Cruu. P. I 1, the Magistrate Judge recommends that the court accept the guilty

plea of the Defendant. The court is of the opinion that the Findings of Fact and Recommendation

should be accepted.

It is accordingly ORDERED that the Findings of Fact and Recommendation of the United

States Magistrate Judge are hereby ADOPTED.

It is further ORDERED that Defendant's guilty plea is ACCEPTED and the court finds

Defendant GUILTY on Counts One and Two of the Indictment. Further, the FED. R, Cnru. P.

I 1(c)(1)(C) plea agreement is approved by the court, conditioned upon a review ofthe pre-sentence

report.

SIGNED this the l3th day of November,2012.

$

$

$

$

$

R,,ln^il J,/'il/

RICHARD A. SCHELL

UNITED STATES DISTRICT JUDGE

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i)

Exhibit $C')

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q',{O 2458 (Rev. 09/08) Judgment in a Crirrrinal Casc

Sheet I

Qfl niteU btateg T9rstrtct @ourt

UNITED STATES OF AMERICA

V.

MATTHEW LANDGRAF

EASTERN DISTRICT OF TEXAS

Sherman

JUDGMENT IN A CRIMINAL CASE

CaseNumber: 4:12CR00086-001

USM Number: 19693-078

Scott Palmer, Brady Wyatt lll

De findant's r\tkrmey

THB DBF'ENDANT:

dpleadecl gui lty to count(s) I and 2 of the lndictment

fJ pleaded nolo contcnclcrc to count(s)

which was accepted by the court.

n was found guilty on count(s)

after a plea of not guilty.

The defendant is adjudicated guilty ofthese offcnscs

'fitle & Section Nature of Offensc

18 USC S 2251{a) and (e) Production of Child Pornography

Offonse Ended

03t31t2012

(-'ount

1-2

tltc dcl'crrilartt tttrtst nolify thc court irrrrl Urriicrl Sittcs aitorrrcy olrnirtcrinl chiurgcs iir ccuriorrilc cireurnstiurces.

'l'he def'endant is sentenced as providctl in pages 2 through 7 of this judgrnent. The sentence is imposed pursuant to

the Sentcncing Refonn Act of I984.

n The defendant has bccn found not guilty on count(s)

D Count(s) n is n arc disnrissed on the motion of the United States.

1112112A13

l)ate of ofJudgment

o Judge

Thad Heartfield

United States District Judge

Nanre and Ti{le olJudge

nlzzil3

Dalc

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AO 2458

Case 4:12-cr-00086-TH-DDB Document 66 Filed LLl22lL3 Page 2 of 7 PagelD #: 246

(Rev 09/08) Judgment in Criminal Case

Sheet 2 

- 

Imfrrisonmetrl

Judgment-Page 2 ol 7

DEFENDANT: MATTHEW LANDGMF

CASE NUMBER: 4:12CR00086-001

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a

total term ot 180 MonthS

This term of imprisonment is to each of Counts 'l and 2, to be served concurrently.

C fn"court makes the following recommendations to the Bureau of Prisons:

While incarcerated, it is recommended that the defendant participate in the lnmate Financial Responsibility Program at a rate

determined by Bureau of Prisons staff in accordance with the requirements of the lnmate Financial Responsibility Program.

n Ttre defendant is remanded to the custody of the United States Marshal.

E f'tre defendant shall surrender to the United States Marshal for this district:

nat tr a.m. E p.t. on

tr as notificd by the United States Marshal.

il fA"defendant shall surrender for service ofsentence at the institution designated by the Bureau ofPrisons:

d b"fo." 2 p.m. on 1t21t2414

tr as notified by the United States Marshal.

t] as notified by the Probation or Pretrial Services Office.

RETTJRN

I have executed thisjudgment as follows:

Defendant delivered on

at with a certified copy of this judgment.

UNITED S'I-A'TES MARSHAL

DEPUTY TJNITED STATES MARSHAt,

to

By

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AO 245u

Case 4:I2-cr-00086-TH-DDB Document 66 Filed LLl22lI3 Page 3 of 7 PagelD #: 247

(Rev 09/08) Judgment in a Criminal Case

Sbeet 3 Supervised Release

Judgment Page 3 ,f 7

DEFENDAN'I.; MATTHEW LANDGRAF

CASE NUMBER: 4:12CR00086-00'1

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of :5 Years

This term ofsupervised release is 5 years as to each ofCounts I and 2, to be served concurrently.

The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the

custody ofthe Bureau ofPrisons.

The defendant shall not commit another federal, statc or local crime.

I'he defendant shall not unlawfully Dossess a controlled substance. 'fhe delendant shall rcfrain from anv unlawl'ul use of a conholled

substaqce" Thc delendant shall sdbmit to one drug lcst within l5 days of release lrom imprisonment anii at least two periodic drug tests

thereafler, as detcrrnined by thc coun,

gl 'fne above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of

future substance abuse. (Check, if applicable.)

d m" defendant shall not possess a firearm, ammunition, destructive device, or any other dangcrous wcapon, (Chcck, if applicable.)

d fte defendant shall cooperate in the collection ofDNA as directed by the probation officer. (Check, ifapplicable.)

d 'ftt. defendant shall comply with the requirements of the Sex OfTender Registration and Notificatio n Act (42 U.S.C. $ 16901, et seq .)

as directed by the probation officer, the Bureau ofPrisons, or any state sex offender registration agency in which he or she resides,

works, is a student, or was convicted of a qualif,ing offense. (Check. if applicable.)

D The defendant shall participate in an approved program for domestic violence. (Check, ifapplicable.)

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the

Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions

on the attached page.

STANDARD CONDITTONS OF SUPERVTSION

the defendant shall not leave thejudicial district without the permission ofthe court or probation officer;

the dcfcndant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of

each nronlh;

the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions ofthe probation officer;

the defendant shall support his or her dependents and meet other family responsibilities;

the defbndant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other

acceptnble reasons;

the defendant shall notiff the probation officer at least ten days prior to any change in residence or employment;

the defbndant shall refrain fiom cxccssive use ofalcohol and shall not nurclrasc. Irossess. usc. distribute. or administer any

controlled substance or any paraphcrnalia rclated to any controlled sub'stances, 6icept asprescribed by i physician:

the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

t-fre defcndant shall not a$sociatc with any persons engagcd in criminal activity and shall not associate with any person convicted of a

felony. unless granted permission to do io'by the pro6aiion officer;

the clcfendanl shall pernrit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any

conlraband obscrveil in plain view of the probation officer;

the delendant shall notifo the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement officer;

the dclbndant shall not enter into any agreement to act as an informer or a special agent ofa law enforcement agency without the

permission oIthe court; and

r)

,\

3)

4)

s)

6)

7)

8)

e)

l0)

I l)

r2)

13) as direclcd bv thc nrobalion omccr. the defendant shall noti& third narties of risks that mav be occasioncd bv the defendant's criminal

rccord or neisonal history or chnr-actcristics and shall pcrririt thc'nrobation olficer to rfrakc such notifications and to confirm the

defcndant's compliance r.i'ith such notification rcquiremi:nt.

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AO 2458

Case 4:1"2-cr-00086-TH-DDB Document 66 Filed I7l22lL3 Page 4 of 7 PagelD #: 248

(Rev 09/08) Judgment in a Criminal Case

Sheet 3A * Supenised Release

Judgment-Page 4 ot 7

DEFENDANT: MATTHEWLANDGRAF

CASE NUMBER: 4:12CROOO86-OO1

ADDITIONAL SUPERVISED RELEASE TERMS

1) The defendant shall pay any financial penalty that is imposed by this judgment

2) The defendant shall provide the probation officer with access to any requested financial information for purposes of

monitoring defendant's sources of income.

3) Under the guidance and direction of the United States Probation Office, the defendant shall participate in any

combination of psychiatric, psychological, or mental health treatment as deemed appropriate by the treatment provider

4) Under the guidance and direction of the United States Probation Office, the defendant shall participate in a sex offender

treatment program which may include the application of physiological testing instruments. The defendani shall pay any

cost associated with treatment and testing.

5) The defendant shall not have contact of any kind with children under the age of 18 unless supervised by an adult

approved by the probation officer.

6) The defendant shall not purchase, possess, have contact with, or use devices to include cellular telephones with

photographic capability; cellular telephones with internet capability; computers, computer peripherals, laptop computers;

iPods; Personal Digital Assistants (PDAs); portable data storage devices such as thumb drives and Flash memory; or any

other type of portable electronic device that is capable of communicating data via modem, wireless, or dedicated

connection. The defendant shall also refrain from the purchase, possession, or use of digital cameras; digital recorders; or

any other lype of recording and/or photographic equipment.

7) The defendant shall not possess or view any images in any form of media or in any live venue that depicts sexually

explicit conduct. For the purpose of this special condition of supervised release, the term "sexually explicit conduct" is as

defined under 18 U.S.C. S 2256(21(A), and is not limited to the sexual exploitation of children.

8) The defendant shall submit to a search of his person, property, house, residence, vehicle, papers, electronic

communication or data storage devices or media, and effects at any time, with or without a warrant, by any law

enforcement or probation officer with reasonable suspicion concerning unlawful conduct or a violation of supervised

release.

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A.O 24sB Rma^4r1ftgt;Q9P&ft;,IlJ;PDB Document 66 Filed LIt22tL3 Page 5 of 7 PagelD #: 249

Sheet 5 

- 

Ciinrinal Monetary Penalties

Judgmenr Page 5

DEFENDANT: MATTHEW LANDGRAF

CASE NUMBER; 4:12CR00086-001

CRIMINAL MONETARY PENALTIES

Thc defendant must pay the total criminal monetary penalties under the schedule ofpayments on Sheet 6

of 7

TOl'ALS

Assessment

$ 200.00

Fine

s 20,000.00

Restitution

$ 0.00

I ttredeterminationofrestitutionisdeferreduntil . An Amended Judgment in a Crimina! Case(AO245C) will be entered

after such determination.

f| The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

llths dcfendant makes a Dartial Davntcnt. cach navce shall reccivc an aooroxinratelv orooortioned oavrncnt. unless snecificd otherwise in

thepLiorityorderorpcrcbntagcpa:ynrentcolurrinbelow. Horvcver,puiiuantto l8'tJ.S.C.$3664(i),all no'rrfcderal Victimsmustbepaid

befrire the'tJnitcd Srdtes is paid.'

Nnme of Pavce Total Loss* Restitutlon Ordered Priorily or Pcrccnttsc

TOTALS 0.00 $ 0.00

X Restitution amount ordered pursuant to plea agreement $

n The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in futl before the

fifteenthdayafterthedatcofthejudgment,pursuanttolsU.S.C.$3612(0. All ofthepaymentoptionsonSheet6maybesubject

to penalties for delinquency and default, pursuant to l8 U.S.C. g 3612(g).

n The court determined that the defendant does not have the ability to pay interest and it is ordcred that:

I the interest requirement is waived for the f] fine E restitution.

E the interest requirement for the n fine E restitution is modified as follows:

* Findings for the total arnount of losses are rcquired under Chapters 109A, I 10, I l0A, and I l3A ofTitle l8 for offenses committed on or after

Septcrnb-cr 13, 1994. but trcfore April 23, 1996.

$

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Exhibit B Part 3 of 5 Page 33 of 57
AO 24JB RA:4,fi[,1f;;gh9$9SftJld;PDB Document 66 Fited LLt22tt3 Pase 6 of 7 PaselD #: 250

Sheel 6 

- 

Schedule of Payments

Judgrnent-Pagc 6 nl- 7

DEFENDANT: MATTHEW LANDGRAF

CASE NUMBER: 4:12CR00086-001

SCHEDULE OF PAYMENTS

llaving assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows:

A ff Lump sum payment of $ 200.00 due immediately, balance due

not later than

in accordance n C, n D, D

,or

E, or fl t below; or

B n Payment to begin immediately (may be combined with n C, I D, or ! F below); or

D Payment in equal (e.g", weekly, monthly, quarterly) installments of $ over a period of

(e.9,, months or years), to commence (e.9., 30 or 60 days) after the date of this judgment; or

tr Payment in equal (e'g''weekly,monthly,quartefly)instal1mentsof$-ovcrapcriodof

(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a

term olsupervision; or

E D Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release ftom

imprisonment, The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or

F d: Special instructions regarding the paymenr of *iminal monetary penalties:

The fine payment is due immediately. Any fine amount that remains unpaid rvhen the del'endant's supervision commences is to be paid on a monthly

basis at a rate of at least I 07o of the detbndant's gross income, to be changed during supervision, i I needed, based on the defendant's changed

circumstances, pursuant to l8 IJ.S.C. $ 3572(d)(3), Ilthc dclcndant receives an inheritance, any settlements (including divorce settlement and pcrsonal

injury settlement), gifts, tax refunds, bonuses, lawsui! awards, and any other receipt of money (to include, bdt not be limited to, gambling proceeds,

lo1tery winnings, and money found or discovered) the defendant must, within 5 days ol receipt, apply I 00% o f the value of such resourccs to any

restitution or t'ine still owed unless otherwise approved by the probation ollice.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

tr Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,

and corresponding payee, if appropriate.

tr Thc dcfendant shall pay the cost ofprosecution.

n The defendant shall pay the following court cost(s):

d fn" defendant shall forfeit the defendant's intercst in thc following property to the United Slates

SEE CONTINUATION PAGE

n

d

C

D

Unlcss tlte court has cxrrressly ordcrcd olherwisc. if tlris iudernent imnoses imorisonrncnt. navnrent of crinrinal monetarv oenaltics is duc durins

imprisonrnent. _All criminal monetary penalties, excdpt ihose payments rhadc throu[h the Federal Burcau of Prisdns' lnmatc Financial

ItcSponsibility Progrant, arc madc to: -tlie tJ.S. Districrtourt. I'inc'& Restitution. lgld'E SE Looo 323 No 287. Tvler.'l'X75701

Pny!,,"ntt shall be-applicd inthc following order: (l) assessment, l2) restitution principal, (3) restitution inrcrest. {4) fine principal, (5) fine intercst, (6)'cbmnrunity restitutiof, (7) perialties, and (8)'cbsts, including cost bfpioiecution and court costs.

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AO 2458 (Rev.09i08) Judgment in a Criminal Case

DEFENDANT: MnTTneW LANDGRAF

CASE, NUMBER: 4:12CR00086-001

Continuation page

Seagate Hard Drive (750G8),

Western Digital Hard Drive (2TB);

Western Digital Hard Drive (250G8);

Seagate Hard Drive (1TB);

Western Digital Hard Drive (80G8),

Dell Latitude e6520 Laptop Computer;

Dell D620 Laptop Computer;

Dell D630 Laptop Computer with power cord;

HP Pavillion ZE200A Laptop Computer;

Kingwin Data Slorage Drive with power cord and network cord;

Black Cooler Master Computer Tower;

Systemax Venture CPU; and

Samsung 16GB Galaxy Tablet with USB power supply

Judgment-Page 7 ot 7

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Exhibit B Part 3 of 5 Page 35 of 57
\t

(_)

Exhibit onn))

U

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Exhibit B Part 3 of 5 Page 36 of 57
ELECTRONICALLY RECORDED 201 1 00295364

11t0gl2011 03:36:55 PM DEED 1/3

WARRANTY DEED

[LIFE ESTATE RETAINEDI

Notice of confidentiality rights: if you are a natural person, you may remove or strike any

of the following information from this instrument before it is filed for record in the public

records: your social security number or your driverts license number.

Date:

Grantors:

Grantors' Mailing Address

(inctuding county):

October 26,2011

W. N. NICHOLS and MATTHEW G. LANDGRAF, CoIndependent Executors of the Estate of PATSY N,

NICHOLS, Deceased, appointed and serving under the Will

of said Decedent probated in Cause No. PR- I I - I 953- l , in

the Probate Court No. One, Dallas County, Texas

9210 Miles Road

Rowlett, Dallas County, Texas 75089

Grantees: (1) W. N. NICHOLS (Life Estate)

(2) MATTHEW G. LANDGRAF (Remainder)

9210 Miles Road

Rowlett, Dallas County, Texas 75089

Grantees' Mailing Address

(including county):

Consideration: Grantors execute this Deed to evidence the distribution of

property to the devisees under the Will of the Deceased as

therein provided.

Property (including any improvements):

COMMENCING at the interesection of the Northwest R.O.W. line of Castle

Drive, (a 60 ft. R.O.W.) and the Northeast R.O.W, line of Miles Road, (a 60 ft.

R.O.W.);

THENCE North 32 deg. I I min. West with the Northeast line of Miles Road, 765.91 feet

to an iron stake for the P, C, of curve to the left, having a radius of 1395.42 feet;

THENCE Northwesterly with the Northeast R,O,W. of Miles Road and said curve to the

\eft,374.73 feet to an iron stake for P. T. of curve;

THENCE North 45 deg. 31 min. West with the N. E. R.O.W. line of Miles Road 179.91

feet to an iron stake for P.C. of curve, to the left, said curve having a radius of 3 52.5 I

feet;

THENCE Northwesterly with said curve to the left 181.90 feet to an iron stake for corner;

THENCE North 0l deg. 21 min. West 278.50 feet to a point for corner;

WARRANTY DEED, ESTATE OF PATSY N. NICHOLS, DECEASED, Page I of3

36 of 56

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Exhibit B Part 3 of 5 Page 37 of 57
THENCE North 38 deg. 58 min, West 233.50 feet to a point for comer;

THENCE North 25 deg. l4 min. East 33.88 feet to a Place of Beginning;

THENCE North 25 deg. 14 min. East 208.73 feet to an iron stake for comer.

THENCE North 64 deg.46 min. West 208,73 feet to an iron stake for corner;

THENCE South 25 deg. l4 min. West 208.73 feet to an iron stake for comer;

THENCE South 64 deg, 46 min. East 2A8.73 feet to an iron stake for comer and

containing 1.00 acres of land;also known as 9210 Miles Road, Rowlett, Texas.

Reservations from and Exceptions to Conveyance and Warranty:

Subject to all restrictions, conditions, covenants, reservations and easements of

record.

Grantors, for the consideration and subject to the reservations from and exceptions to

conveyance and warranty, grants, gives, and conveys to W. N. NICHOLS as Grantee the

property, subject to the possession, occupancy, benefit, and use for the life of W. N. NICHOLS,

with the remainder overto MATTHEW G. LANDCRAF as Grantee, together with all and

singular the rights and appurtenances thereto in anywise belonging, to have and hold it to

Grantee, Grantee's heirs, executors, administrators, successorsf or assigns forever. Grantors bind

Grantors and Grantors executors, administrators, and successors to wahant and forever defend all

and singular the property to Grantee and Grantee's heirs, executors, administrators, successors,

and assigns against every person whomsoever lawfully claiming or to claim the same or any part

thereof, except as to the reservations from and exceptions to conveyance and warranty.

When the context requires, singular nouns and pronouns include the plural.

w. N. Executor of the Estate of

PATSYN Deceased

THE STATE OF TEXAS

COLINTY OF DALLAS

$

$

This instrument was acknowledged before me on tn"Q41 day of October 2011, by

W. N. NICHOLS Co-Independent Executor of the Estate of PATSY N. NICHOLS, Deceased.

n*2,* zfu-z_ ,UATTHEW G. LANDGRAF,do-lfdependent Executor of the

Estate of PATSY N. NICHOLS, D6ceased

L *rtl

A

OFFICIAL SEAL

Annette Glenn

Slate of Texas

My

TSY N. NICHOLS, DECEASED, Page 2 of3

37 of 56

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Exhibit B Part 3 of 5 Page 38 of 57
THESTATEOFTEXAS $

couNTY oF DALLAS $ f!_

This instrument was acknowledged before me on the f,+ day of October 201 I by

MATTHEW G. LANDGRAF, Co-Independent Executor of the Estate of PATSY N. NICHOLS,

Filed and Recorded

Official Public Records

John F. Warren, Gounty Clerk

Dallas County, TEXAS

1110912011 03:36:55 PM

$24.00

201 1 00295364

{t'- @

WARRANTY DEED, ESTATE Of PATSY N. NICHOLS, DECEASED, Page 3 ofJ

38 of 56

Page 142 of 276

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Exhibit B Part 3 of 5 Page 39 of 57
)

L)

Exhibit *W"

J

39 of 56

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Exhibit B Part 3 of 5 Page 40 of 57
ELECTRONICALLY RECORDED 201100297582

11111nfi1 A2:42:16 PM DEED 1l4

WARRANTY DEED

By Executor

Notice of confidentiality rights: if you are a natural person, you may remove or strike any of

the following information from this instrument before it is filed for record in the public

records: your social securify number or your driver's license number.

Date:

Grantor:

Grantor's Mailing Address

(including county):

Grantee

Grantee's Mailing Address

(including county):

Consideration

,r*

November I I ,2011

MATTHEW G, LANDGRAF, Independent

Executor of the Estate of DAISY McCALLUM,

Deceased, appointed and serving underthe Will of

said Decedent probated in Cause No. PR- I l-3419-

l, in the Probate Court No. One, Dallas County,

Texas

9210 Miles Road

Rowlett, Dallas County, Texas 75089

MATTHEW G. LANDGRAF

9210 Miles Road

Rowlett, Dallas County, Texas 75089

Grantor executes this Deed to evidence the

distribution of ptoperty to the devisee(s) under the

Will of the Deceased as therein provided.

uck

Property (including any improvements):

All that certain lot, tract or parcel of land lying and being situated in the County of

Dallas, State of Texas, and Being out of the REASON CRIST SURVEY,

ABSTRACT NO. 225, and being a part of a 79,64 acre tract described in Deed from

M. B. Shugart, et ux to Guy McCallum, recorded in Vol, 737,Page 44 of the Deed

Records of Dallas County, Texas and being more particularly described as follows:

COMMENCING at the intersection of the Northwest R.O.W. line of Castle Drive (a

60 foot R.O.W.) and the Northeast R.O.W. line of Miles Road, (a 60 ft. R.O.W.);

Thence North 32 deg.l l min. West with the Northeast line of Miles Road, 765.91

feet to an iron stake for P.C. of curve to the left having a radius of 1395.42 feet;

WARMNTY DEED - I'ACE I OF 4

40 of 56

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Exhibit B Part 3 of 5 Page 41 of 57
THENCE Northwesterly with the Northeast R.O.W. of Miles Road and said curve

to the left, 324.73 feet to an iron stake for P. T. of curve;

THENCE North 45 deg. 3l min. West with the Northeast R.O.W. line of Miles Road

179.91feet to an iron stake for P.C. of curve to the left, said curve having a radius

of 352.51 feet;

THENCE Northwesterly with said curve to the left 181.90 feet to an iron stake for

PLACE OF BEGINNING;

THENCE Northwesterly with said curve to the left and the North R.O.W, of Miles

Road24A.26 feet to an iron stake for P. T. of curve;

THENCE South 65 deg. 51 min. 30 sec. West with the Northwest R.O.W. line of

Miles Road 121.74 feet to an iron stake for P.C, of a curve to the right;

THENCE Northwesterly with said curve to the right and the Northwest R.O.W. line

of Miles Road, 354.09 feet to an iron stake for P. T. of curve;

THENCE North 44 deg. 59 min, 30 sec, West with the Northeast R.O.W. line of

Miles Road 1087.45 feet to an iron stakc for corner;

THENCE North 89 deg. 59 min. 30 sec. West with the Northwest R,O.W. line of

Miles Road, 42.36 feel to an iron stake for corner;

THENCE North 44 deg. 59 min. 30 sec. West with the Northeast R.O,W. of Miles

Road, 35.00 feet to an iron stake on the West corner of said McCallum tract;

THENCE North 46 deg. 00 min. 30 sec. East with a fence line, a tree line, and the

Northwest line of said McCallum tract, 1661.65 feet to an iron stake for corner;

THENCE South 45 deg. 28 min. 30 sec, East with the Northeast line of said

McCallum tract and a fence line 418,34 feet to an iron stake fbr corner;

THENCE South 45 deg. 16 min. 00 sec. East with the Northeast line of said

McCallum tract and a fence line 257 .87 feet to an iron stake for corner;

THENCE South 12 deg.2l min. 00 sec. West with the East line of said McCallum

tract and a fence line 467.25 feet to an iron stake for corner;

THENCE South 44 deg. 4l min. 30 sec. East with the Northeast line of said

McCallum tract and a fence line 262.09 feet to an iron stake for corner;

WARRANTY DEED . PACE 2 OF 4 Mar"-fu,

41 of 56

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Exhibit B Part 3 of 5 Page 42 of 57
THENCE South 32 deg,24 min. East with a fence line 567.28 feet to an iron stake

for comer;

THENCE South 0l deg.2l min. East, 334.01 feet to the PLACE OF BEGINNING

and containing 45.86 acres of land.

Reservations from and Exceptions to Conveyance and Warranty:

Subject to all restrictions, conditions, covenants, reservations and easements of

record.

All improvements and any structures, fixtures and equipment conveyed with the

above-described real property are conveyed as is, without warranty, express or

implied.

Grantoro for the consideration and subject to the reservations from and exceptions to

conveyance and warranty, grants, sells, and conveys to Crantee the property, together with all and

singular the rights and appurtenances thereto in anywise belonging, to have and hold it to Grantee,

Grantee's heirs, executots, administrators, successors, or assigns forever. Grantor binds Grantor and

Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and

singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and

assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,

except as to the reservations from and exceptions to conveyance and warranty,

When the context requires, singular nouns and pronouns include the plural.

fZ^Z*Afu,L lfiutth** C, Landgraf, tiOepey'ent Executor

WARRANTY DEED - PACg 3 OF 4 Mrl-k

42 of 56

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Exhibit B Part 3 of 5 Page 43 of 57
THE STATE OF TEXAS

COLINTY OF DALLAS

$

$

$

This instrument was acknowledged before me on ,n" Uhuy of November,20ll, by

MATTHEW G. LANDGRAF, Independent Executor of the Estate of DAISY MgCALLUM,

Deceased, on behalf of said Estate.

f( n,,Ufu) Aleunr

NOTARY PUBLIC, STATE OF TEXAS

Filed and Recorded

Official Public Records

John F. Warren, Gounty Clerk

Dallas County, TEXAS

1111112011 02:42:16 PM

$28.00

201100297582

9[02 Oi lrrdy salrdx3 uorssrururo3 (w

sexal i0 etels

uualo on€uuv tv3s'tvlctJJo

WARRANTY DEED. PACE 4 OI'4

43 of 56

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Exhibit B Part 3 of 5 Page 44 of 57
'l

L)

Exhibit 66F"

J

44 of 56

Page 148 of 276

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Exhibit B Part 3 of 5 Page 45 of 57
illluliltililrul|ilffillrilh 2tfl00223698

OEED 1 /3

WHEN RECORDED RETURN TO:

Kevin M. Ross

Bennett, Weston, LaJone & Turner, P.C.

1603 LBJ Freeway,#280

Dallas, Texas 75234

NOTICE OF CONFIDENTIALLY RIGHTS: IF'YOU ARE A NATURAL

PERSON, yOU MAy REMOVE OR STRIKE ANy OF THE

FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT

IS F'ILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL

SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

SPECIAL WARRANTY DEED (LIFE ESTATE DETERMINABLE RESERVED)

("Deed")

STATE OF'TEXAS

KIYOW ALL MEN BY THESE PRESENTS:

COUNTY OF'COLLIN

MATTHEW GUY LANDGRAF, ("Grantor"), whose address is 9214 Miles Road;

Rowlett, Texas, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) paid to

Grantor and other good and valuable consideration, the receipt and sufficiency of which are

hereby acknowledged, and the further consideration of the payment by Grantee, from and after

the date hereof, has GRANTED, SOLD, and CONVEYED and does hereby GRANT, SELL,

and coNVEY unto KEVIN M. ROSS, TRUSTEE of LANDGRAF REVOCABLE TRUST,

UIA/D APRIL 2,2013 ("Grantee "), whose address is 1603 LBJ Freeway, Suite 280, Dallas,

Texas 75234, the following described property, together with all improvements on it.

COMMENCING at the intersection of the Northwest R.O.W. tine of

Castle Drive, (a 60 ft. R.O,W.) and the Northeast R.O.W. line of

Miles Road, (a 60 ft. R.O.W.);

THENCE North 32 deg. 11 min. West with the Northeast line of Miles

Road, 765.91 feet to an iron stake for the P.C. of curve to the left,

having a radius of 1395.42 feel;

THENCE Northwesterly with the Northeast R.O,W. of Miles Road

and said curve to the left, 324.73 feet to an iron stake for P,T. of

curve;

THENCE North 45 deg. 31 min. West with the N.E. R.O.W. tine of

SPECIAL WARRANTY DEED

Page I

$

s

$

45 of 56

Page 149 of 276

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Exhibit B Part 3 of 5 Page 46 of 57
Miles Road 179.91feet to an iron stake for P.C. of curve, to the left,

said curve having a radius of 352.51 feet;

THENCE Northwesterly with said curve to the left 181,90 feel to an

iron stake for corner;

THENCE North 01 deg. 21 min. West 278.50 feet to a point for

corner;

THENCE North 38 deg. 58 min. West 233.50 feet to a point for

corner.

THENCE North 25 deg. 14 min. East 33.88 feet to a Place of

Beginning;

THENCE North 25 deg. 14 min. East 208.73 feet to an iron stake for

corner;

THENCE South 25 deg. 14 min. West 208,73 feet to an iron stake for

corner;

THENCE South 64 deg. 46 min. East 208.73 feet to an iron stake for

corner and containing 1.00 acres of land

This conveyance is made and accepted subject to all zoning laws, and regulations and

ordinances of municipal and/or govemmental authorities; and made and accepted as to all

matters set out herein above.

TIIE COITVEYANCE OF THE REAL pROpERTy IS MADE "AS IS, WHERE IS'

AND "WITH ALL FAULTS", AND EXCEPT FOR THE SPECIAL WARRANTY OF TITLE HEREIN EXPRESSLY PROVIDED. GRANTORS MAKES NO

REPRESENTATTONS OR WARRANTIES WHATSOEVE& EXPR_ESS, IMPLIED OR

STATUTORY, WITH RESPECT TO TIIf, REAL PROPERTY OR AI{Y PORTION OR

ASPECT TIIEREOF, INCLUDING, WITHOUT LIMITATION, THE pItySICAL

CONDITION, FINANCIAL CONDITION, BUSINESS CONDITION, HABITABILITY,

HEALTH AND ENVIRONMENTAL M,ATTERS, SUITABILITY FOR GRANTEE'S

PURPOSES, FITNESS FOR A PARTICULAR PURPOSE, AND/OR

MERCHAF{TABILITY.

TO HAVE AND TO HOLD the Real Property, together with all rights and

appurtenances pertaining thereto, r,urto Grantees and Grantees' successors and assigns forever;

and Orantors do hereby bind themselves and its successors and assigns to WARRANT and

FOREVER DEFEND, all and singular, the Real Property unto Grantees and Grantees'

SPECIAL WARRANTY DEED

Page2

46 of 56

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Exhibit B Part 3 of 5 Page 47 of 57
successors and assigns, against every person whomsoever lawfully claiming or to claim the same

or any part thereofby, through or under Grantors.

All taxes and assessments for the year in which this Deed is executed have been prorated

as of the effective date of this Deed, and Grantees hereby assume liability for the payment

thereof.

Grantor was bequeathed this property when a surviving spouse, W.N. Nichols, was living

on the property and asserted his right of occupancy under the Texas Probate code. This

conveyance is subject to a life estate of W.N. Nichols for one acre of said property to be used

until W.N. Nichols either dies or abandons said property.

EXECUTED as of this 26th day of August,2014

GRANTOR:

MATTHEW GUY LANDGRAF'

By:

MAftHEwW" LANDGRAF

ACKNOWLEDGMENT

STATE OF'TEXAS

COUNTY OF DALLAS

This instrument was acknowledged before me on August 26,2014, by MATTHEW GUY

LANDGRAF.

\4/L-*-

Public

Filcd rnd R.corded

0f f iolsl Public Records

John F. l.larrcn, County C!6rk Drl,lrs County, TEXnS

09to2t2014 04: 1 1 ,01 Ptt

t34.00

SPECIAL WARRANTY DEED

Page 3

-l ;'

s

$

$

utrumtoruIrfl rtCiln5thl&rhr

Omt.ril. t0tb

24fi00223698

47 o'f 56

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Exhibit B Part 3 of 5 Page 48 of 57
)

Exhibit 6(G))

48 of 56

Page 152 of 276

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Exhibit B Part 3 of 5 Page 49 of 57
llll[lillllll|flrilrulillilr[' 24fi0[22s697

DEEO lIT

WHEN RECORDED RETURN TO:

Kevin M. Ross

Bennett, Weston, LaJone & Turner, P.C,

1603 LBJ Freeway, #280

Dallas, Texas 75234

NOTICE OF CONFIDENTIALLY RIGHTS: IF.YOU ARE A NATURAL

PERSON, yOU MAY REMOVE OR STRIKE AI{Y OF THE

FOLLOWING INFORMATION F'ROM THIS INSTRUMENT BEFORE IT

TS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL

SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

SPECIAL WARR.{NTY DEED

(" Deed")

STATE OF TEXAS

KNOW ALL MEN BY THESE PRESENTS:

COUNTY OT COLLIN

MATTHEW GUY LANDGRAF, ("Grantor"), whose address is 9214 Miles Road;

Rowlett, Texas, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) paid to

Grantor and other good and valuable consideration, the receipt and sufficiency of which are

hereby acknowledged, and the further consideration of the payment by Grantee, fiom and after

the date hereof, has GRANTED, SOLD, and CONVEYED and does hereby GRA.NT, SELL,

and CONVEY unto KEVIN M. ROSS, TRUSTEE of LANDGRAF REVOCABLE TRUST,

UIA/D APzuL 2,2013 ("Grantee"), whose address is 1603 LBJ Freeway, Suite 280, Dallas,

Texas 75234, the following described property, together with all improvements on it.

All that certain lot, tract or parcel of land lying and being situated in the County of

Dallas, State of Texas, and Being out of the REASON CRJST SURVEY,

ABSTRACT NO. 225, and being a part of a 79.64 acre tract described in Deed from

M. B. Shugarl, et ux to Guy McCallum, recorded in Vol. 737,Page 44 of the Deed

Records of Dallas County, Texas and being more particularly described as follows:

COMMENCING at the intersection of the Northwest R.O,W. line of Castle Drive (a

60 foot R.O,W.) and the Northeast R.O.W. line of Miles Road, (a 60 ft. R,O.W.);

Thence North 32 deg. I I min. West with the Northeast line of Miles Road, 765.91

feet to an iron stake for P.C. of curve to the left havinga radius of 1395.42 feet;

I'HENCE Northwesterly with the Northeast R.O.W. of Miles Road and said curve

to the left, 324.73 feet to an iron stake for P. T. of curve;

SPECIAL WARRANTY DEED

Page I

$

$

$

49 of 56

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Exhibit B Part 3 of 5 Page 50 of 57
THENCE North 45 deg. 3l min, West with the Northeast R.O.W. line of Miles Road

179.91feet to an iron stake for P.C. of curve to the left, said curve having a radius of

352.51 feet;

THENCE Northwesterly with said curve to the left l8l ,90 feet to an iron stake for

PLACE OF BEGINNING;

THENCE Northwesterly with said curve to the left and the North R.O.W. of Miles

Road 240.26 feet to an iron stake for P. T. of curve;

THENCE South 65 deg. 5l min. 30 sec. West with the Northwest R.O.W. line of

Miles Road 121.74 feetto an iron stake for P.C. of a curve to the right;

THENCE Northwesterly with said curve to the right and the Northwest R.O.W, line

of Miles Road, 354.09 feet to an iron stake for P. T. of curve ;

THENCE North 44 deg. 59 min. 30 sec. West with the Northeast R.O.W, line of

Miles Road 1087,45 feet to an iron stake for somer;

THENCE North 89 deg. 59 min, 30 sec. West with the Northwest R.O.W. line of

Miles Road, 42.36 feet to an iron stake for comer;

THENCE North 44 deg. 59 min. 30 sec. West with the Northeast R.O.W. of Miles

Road, 35.00 feet to an iron stake on the West comer of said McCallum tract;

THENCE North 46 deg. 00 min. 30 sec. East with a fence line, a tree line, and the

Northwest line of said McCallum tract, 1661.65 feet to an iron stake for comer;

THENCE South 45 deg. 28 min. 30 sec. East with the Northeast line of said

McCallum tract and a fence line 418.34 feet to an iron stake for comer;

THENCE South 45 deg. l6 min. 00 sec. East with the Northeast line of said

McCallum tract and a fence line 257 .87 feet to an iron stake for corner;

THENCE South l2 deg.21 min.00 sec. Westwith theEast line of said McCallum

tract and a fence line 467.25 feet to an iron stake for comer;

'I'HENCE South 44 deg. 41 min. 30 sec. East with the Northeast line of said

McCallum tract and a fence line 262,09 feet to an iron stake for corner;

THENCE South 32 deg.24 min. East with a fence line 567.28 feet to an iron stake

for comer;

THENCE South 0l deg.2l min. East, 334.01 feet to the PLACE OF BEGINNING

and containing 45.86 acres of land.

SPECIAL WARRANTY DEED

Page 2

50 of 56

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Exhibit B Part 3 of 5 Page 51 of 57
This conveyance is made and accepted subject to all zoning laws, and regulations and

ordinances of muricipal and/or governmental authorities; and made and accepted as to all

matters set out herein above.

TI{E COIYVEYANCE OX'THE REAL PROPERTY IS MADE {,AS IS, WIIERE IS"

AND "WITH ALL FAULTS", AND EXCEPT FOR THE SPECIAL WARRANTY OF'

TITLE HEREIN EXPRESSLY PROVIDED. GRANTORS MAKES NO

REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR

STATUTORY, WITH RESPECT TO TIIE REAL PROPERTY OR ATY PORTION OR

ASPECT TIIEREOF, INCLUDING, WITHOUT LIMITATION, TIIE PHYSICAL

CONDITION, FINANCIAL CONDITION, BUSINESS CONDITION, HABTTABILITY,

IIEALTH AND ENVIRONMENTAL MATTERS, STIITABILITY F'OR GRANTEE'S

PURPOSES, FITNESS FOR A PARTICULAR PURPOSE, AI\D/OR

MERCHANTABILITY.

TO HAVE AND TO HOLD the Real Property, together with all rights and

appurtenances pertaining thereto, unto Grantees and Grantees' successors and assigns forever;

and Grantors do hereby bind themselves and its successors and assigns to WARRANT and

FOREVER DEFEND, all and singular, the Real Property unto Grantees and Granteesn

successors and assigns, against every person whomsoever lawfully claiming or to claim the same

or any part thereofby, through or under Grantors.

All taxes and assessments for the year in which this Deed is executed have been prorated

as of the effective date of this Deed, and Grantees hereby assume liability for the payment

thereof.

SPECIAL WARRANTY DEED

Page3

51 of 56

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Exhibit B Part 3 of 5 Page 52 of 57
EXECUTED as of this 26'h day of August,2014

GRANTOR:

MATTHEW GUY

By:

MATTHEW LANDGRAF

ACKNOWLEDGMENT

STATEOF TEXAS $

$

couNTY oF DALLAS $

This instrument was acknowledged before me on August 26,2014, by MATTHEW GUY

LANDGRAF,

Notary Public

LATTCE lltnlE ootElllfl

My Commltrlon E$Fal

ocrobu 20, 2010

Fil.d rnd R.cord.d

0f tioirl Publlo Brcords

John F l,l.pl..n, County Ct6rk Drllrr County, TEXRS

091O2t2O14 @4:II:Q0 PM

$38. 00

SPECIAL WARRANTY DEED

Page 4 @ 20 1 400223697

52 of 56

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Exhibit B Part 3 of 5 Page 53 of 57
i)

Exhibit *H"

53 of 56

Page 157 of 276

Case 23-04032-elm Doc 1-4 Filed 05/22/23 Entered 05/22/23 15:33:53 Desc

Exhibit B Part 3 of 5 Page 54 of 57
Case 4;14-cv-00708-ALM Document LB Filed 04/04/16 Page 1 of 3 PagelD #. L28

LINITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DTVISION

M.B.,I.B. AND J.S

Plaintiffs,

CIVIL ACTION NO. 4:14-cv-00708

MATTHEW GUY LANDGRAF,

Defendant.

F'INAL DEFAULT JUDGMENT

On this day, the appearance date of the above named Defendant, Matthew Guy Landgraf,

having passed, the Court regularly in session and term, time and place, wherein the above styled and

numbered cause was commenced, and came on the Plaintiffs, M.8., I.B. and J.S., and while duly

served with process, the Defendant, Matthew Guy Landgraf, at all times heretofore failed to appear

and make answer in his behalf but wholly made default.

Summons with Officer's Return thereon, having been on file with the Clerk of this Court for

a period often (10) days exclusive of the date of filing and ofthis date, the Plaintiffs, M.8., I.B. and

J.S., sought to recover their damages occasioned by the premises against said Defendant, Matthew

Guy Landgraf, being in default, and that Plaintiffs have submitted affidavits and other documents

in support of their damages, which this Court finds to be sufficient to support this cause of action.

The Court finds that the Plaintiffs have requested attorneys'fees in an unliquidated sum, and

the Court, having examined the Plaintiffs' Complaint and the affidavit of Plaintiffs' attorney, finds

that the attorneys' fees are reasonable and that the Plaintiffs, M.8., I.B. and J.S., are entitled to

recover of and from the Defendant, Matthew Guy Landgrae attorneys' fees as follows: $49,324.00

through the conclusion of this cause in the trial court; $50,000.00 in the event of an unsuccessful

FINAL DEFAULT JUDCMENT Page I

TI207\l \ I 62\66 I I 7\Plcadings\Final Dcfault Judgmcnt.wpd

$

$

$

$

$

$

$

$

$

54 of 56

Page 158 of 276

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Exhibit B Part 3 of 5 Page 55 of 57
case 4:14-cv-00708-ALM Document 18 Filed 04/04/16 Page 2 of 3 PagetD #: L29

appeal by the Defendant to the Fifth Circuit Court of Appeals; and $50,000.00 in the event of an

unsuccessful appeal by the Defendant to the U.S. Supreme Court. It is, therefore,

ORDERED, ADJUDGED and DECREED that Plaintiffs, M.8., I.B. and J.S., shall recover

of and from Defendant, Matthew Guy Landgraf, judgment for the following amounts:

A. As to M.8., the following:

l. Statutory minimum damages for physical pain and mental anguish sustained

in the past in the amount of $150,000.00.

2. Damages for physical pain and mental anguish sustained in the future in the

amount of at least $4,790,880.00.

3. Exemplary damages in the amount of $2,500,000.00.

B. As to I.8., the following:

l. Statutory minimum damages for physical pain and mental anguish sustained

in the past in the amount of $ 150,000.00.

2. Damages for physical pain and mental anguish sustained in the future in the

amount of $3,962,000.00.

3. Exemplary damages in the amount of $1,000,000.00.

C. As to J.S., the following:

L Statutory minimum damages for physical pain and mental anguish sustained

in the past in the amount of $150,000.00,

2. Damages for physical pain and mental anguish sustained in the future in the

amount of $3,962,000.00.

3. Exemplary damages in the amount of S 1,000,000.00.

D. On behalf of all Plaintiffs, reasonable attorneys' fees in the following amounts:

1, $49,324.00, through the conclusion of this cause in the trial court,

2. $50,000.00, in the event of an unsuccessful appeal to the Fifth Circuit Court

of Appeals by the Defendant, and

FINAt, DEFAULT JUDGM ENT Pagc 2

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3. $50,000.00, in the event ofan unsuccessful appeal to the U.S. Supreme Court

by the Defendant.

E. All costs of court.

F. Prejudgment and post-judgment interest as allowed by law.

for all of which let execution issue.

This judgment finally disposes of all parties and all claims and is appealable.

SIGNED this 4th day of April, 2016.

C,.*

AMOS L. MAZZANT

UNITED STATES DISTRICT JUDGE

FINAL DEf'AUIT JUDGMENl'

{.--,

Page 3

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