Notice of Appeal

– Page 1 

# No. 29842 Knighthawk, LLC, Series G § In the District Court of Plaintiff 

## § § § v . 

## § § Val Verde County, Texas § B & P Development, LLC and Chad H. Foster, Jr. § § Defendant s 

## § 83 rd 

## Judicial District Notice of Appeal TO THE HONORABLE JUDGE OF SAID COURT: Come Now, B & P Development, LLC and Chad H. Foster, Jr., who are defendants in this case 

### f ile s this Notice of Appeal . In accordance with Rule 25, Tex. R. App. P., Defendants shows as follows: 1. This Court signed a Judgment in this case on May 1, 2015. Post
- judgment motions , including a Motion for New Trial, were filed by the Defendants, and the Court modified its judgment signed on May 1, 2015, and signed a new judgment on June 25, 2015. A copy of the Amended Judgment is attached as Exhibit A. 2. Defendants filed a Motion for New Trial on July 17, 2015. 3. Defendants filed a Motion for Judgment Notwithstanding the Verdict on July 17, 2015. ACCEPTED 04-15-00575-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 9/15/2015 1:30:00 PM KEITH HOTTLE CLERK 

### 04-15-00575-CVNotice of Appeal

– Page 2 

### 4. Defendant desires to appeal this case to the 4th 

### Court of Appeals at San Antonio , Texas. 

## Respectfully submitted, /s/ Greg White Greg White State Bar No. 21329050 P.O. Box 2186 Waco, Texas 76703 254.307.0097 (voice) 866.521.5569 (fax) greg.white@texapplaw.com

Attorneys for DefendantsNotice of Appeal

– Page 3 

## Certificate of Service I hereby certify that a true and correct copy of the foregoing was sent to the person(s) named below, by electronic filing and mailing the document by first class mail (and by other means stated below) on September 15, 2015. Via e
-mail: bspindler@langleybanack.com Bruce K. Spindler Langley & Banack, Inc. 401 Quarry Street Eagle Pass, Texas 78852
-4520 Via e
-mail: Dearl@earl
-law.com David L. Earl Earl & Associates, PC 601 NW Loop 410, Suite 390 San Antonio, Texas 78216 Via e
-mail: ggaines@patelgaines.com Grant M. Gaines Patel Gaines, LLP 14414 Blanco Road, Suite 320 San Antonio, Texas 78216 /s/ Greg White Greg WhiteNotice of Appeal

– Page 4 

# Exhibit A

### 29842

KNIGHTHAWK,

LLC,SERIES G, PLAINTIFF VS. B&P DEVELOPMENT, LLC AND CHAD H. FOSTER,JR., DEFENDANTS IN THE DISTRICT COURT OF
83RD 

### JUDICIAL DISTRICT

VAL VERDE COUNTY, TEXAS
FINAL JUDGMENT
On the 20th day of January, 2015, the Court called this case for trial. Plaintiff/CounterDefendant Knighthawk, LLC, Series G ("Knighthawk") appeared in person by and through its authorized corporate representative and through its attorneys. Defendants/Counter-Plaintiffs B&P Development, LLC ("B&P") and Chad H. Foster, Jr. ("Foster") (collectively "Defendants") appeared in person and by and through its authorized corporate representatives and through their attorneys. The parties both announced ready for trial. The Court determined that it had jurisdiction over the subject matter and the parties to this proceeding. The Court then impaneled and swore in the jury, which heard the evidence and arguments of counsel. Following the close of evidence and the arguments of counsel, the Court submitted questions, definitions, and instructions to the jury in the Charge of the Court. In response, the jury returned a verdict that the Court received, filed, and entered as the verdict. A true and correct copy of the Verdict is attached hereto as Exhibit A (the "Jury Verdict"). The Court, having reviewed the Jury Verdict, hereby has resolved to RENDER and ENTER this Final Judgment. It is therefore ORDERED, ADJUDGED, DECREED and DECLARED that the Deed, legal description and survey, attached hereto as Exhibit B ("Martinez Survey"), sets forth and describes the true and

FINAL JUDGMENT PAGE 1 OF 4

### correct location of the boundary line between the Plaintiff's real property reflected by the tract

described in the Deed recorded in Volume 263, Page 37, Deed Records, Val Verde County, Texas ("Knighthawk Property") and B&P's real property reflected by the tract described in the Deed Recorded in Volume 182, Page 107, Deed Records, Val Verde County, Texas ("B&P Property"), and B&P's has no right, title, lien, estate, or interest in or to the real property contained within the Martinez Survey, save and except however, any current encroachments on the Knighthawk Property as constructed by B&P are permissive encroachments and shall remain in place until such time as they are removed or the parties-in-interest thereto agree otherwise, and any subsequent owners of the Knighthawk tract shall take title in that tract subject to the
same. It is further ORDERED,ADJUDGED and DECREED that Knighthawk is awarded Judgment against B&P for damages in the amount of $120,000 for B&P's improper use and occupancy of the Knighthawk Property in the past. It is further ORDERED,ADJUDGED and DECREED that Knighthawk is awarded Judgment against B&P for damages in the amount $130,000.00 for B&P's improper use and occupancy of the Knighthawk Property in the future. It is further ORDERED, ADJUDGED and DECREED that Knighthawk take nothing on its claims asserted against Foster, and Defendants' take nothing on their counterclaims against Knighthawk. It is further ORDERED, ADJUDGED and DECREED that Knighthawk is awarded pre-judgment interest in the amount of $17,789.97, calculated at the rate of 5% per annum, to be compounded annually, on the actual damages awarded by the jury in the amount of $120,000.00 from June 18, 2012,through and including April 11, 2015. It is further

FINAL JUDGMENT PAGE 2 OF 4

### ORDERED, ADJUDGED 

### and DECREED that Knighthawk is awarded post-judgment interest

at the rate of 5% per annum, on all amounts awarded to Knighthawk in this Judgment until paid in full. It is further ORDERED,ADJUDGED and DECREED that Knighthawk is awarded Judgment against B&P for its reasonable and necessary attorneys' fees and expenses in the amount of $90,000.00. It is further ORDERED, ADJUDGED AND DECREED that Knighthawk is awarded postjudgment attorney's fees in the amounts and under the circumstances as follows: (a) $7,500.00 if Defendants file a restricted appeal; that is unsuccessful; (b) $7,500.00 for each petition for writ of mandamus that Defendants may file that is denied or dismissed; (c) $15,000.00 if Defendants file a notice of appeal; that is unsuccessful; (d) $15,000.00 if Defendants file a petition for review, and such petition is not granted; and (e) $15,000.00 if Defendants file a petition for review that is granted, but the Judgment of the Court of Appeals is not reversed. It is further ORDERED,ADJUDGED AND DECREED that Plaintiff shall have all writs of execution and other process necessary to enforce this judgment, and it is ORDERED that a return is to be made of the writ showing how it was executed. It is further ORDERED, ADJUDGED and DECREED that all costs of court are hereby taxed against Defendant, B&P Development, LLC. 

## ,4 c 4.v =p i 

# a A 4K,J J 

## ) s re IF 'a f4.4 ‘- NA/\ et THIS JUDGMENT DISPOSES OF ALL ISSUES AND ALL PARTIES. ALL RELIEF NOT GRANTED HEREIN IS DENIED. THIS IS, IN ALL THINGS, A FINAL AND APPEALABLE JUDGMENT.
FINAL JUDGMENT •,•• 

## 6 r 6 \9

PAGE 3 OF 

### 4

### Signed this 2-5
- day of June, 2015.

APPROVED AS TO FORM ONLY; NOT APPROVED BY DEFENDANTS AS TO SUBSTANCE:

By: GRANT GAINES Texas State ar No. 24074241 ggaines@patelgaines.com RAHUL B. PATEL Texas State Bar No. 24072274 rpatel@patelgaines.com PATEL GAINES,

PLLC 14414 Blanco Road, Suite 320 San Antonio, TX 78216 (210)460-7787 Telephone (210)460-7797 Facsimile DAVID L. EARL Texas State Bar No. 06343030 dearl@earl-law.com EARL & ASSOCIATES,P.C. 601 NW Loop 410, Suite 390 San Antonio, Texas 78216 (210) 552-1500 Telephone (210) 222-9100 Facsimile ATTORNEYS FOR PLAINTIFF Honorable Judge Stephen B. Ables

By:

FINAL JUDGMENT 

# ,

BRUCE K. SPINDLER State Bar No. 18947050 MICHAEL C. BOYLE State Bar No. 0297600 CATRINA PURCELL LONGORIA State Bar No. 24047179 LANGLEY & BANACK,INC. 401 Quarry Street Eagle Pass, TX 78852 (830) 773-6700 Telephone (830) 757-4045 Facsimile ATTORNEYS FOR DEFENDANTS

PAGE 4 OF 4

### , AFR/29/2015/WED 11:03 AM Patel Gaines FAX No, 210-460-7797 P. 008/034



# EXHIBIT

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Kt.itii DISTRICT JUDGES PAGE 02/0G

N0,19847, 

# allarramvic,

LLC, SERIES G. .. ... . . 

### )(

)( )( 13 ScP DEVELOPMENT, TAX AND )( C33AD FOSTERy JR- )( V.41, VERDE CODNIT,

TEXAS . . 1N THE DISTRICT COURT 83RD St1DICIAL

. DISTRICT

Ca 01A C lvIBKBERS OF ME JURY: 

# This ease is submitted to you liy asking ClUd . 3110113 about the Bleb!, which you must decide from the evidence you have heard in this trial, You are the sole Judges ofthe credibility of the iviclaesaes and the weight to be given their testimony, but in,matters oflaw,you.must be governed by the instructions intbis Charge. In discharging your re3p04151birty on thisjust', you will observe all the instructions which 'Ave previously been, given you. X shall now give you additional

you should carefully and stingy follow dating your delibevuions. re) 1, Do not let bias,prejudice or sympathy play any pact in your deliberations. co IUSirUntiOX15 which

2. In arriving ;it your answers, er:wider only te evidence introduced here under oath and such exhibits, if any, as have been introduced for your consideration under the rulings of the A Court,that is, whatyou have seen,and heard in this courtroom,togother with.the law as given you by the Court. layoutdeliberations,you will notconsider or discuss as that is notrepresented byte evidence la this case, 

### 0 > • cf) co 73 0 < 0

3. Shine every anavterthatla required by the Charge in Important,no juror should state —4 or consider that any required answer is not important. 0

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### IN3

### APR/29/2015/WED 11:03 MA Patel Gaines FAX No, 210
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-7797 P, 010/034

6;0.4 4UPI 0.41.1 YJ.ti, V...tfat-4474 Ktxti UlUIRIU 1 JUDGES PAGE 03/0G

4, You mustnot decide 

### whoIvothinkshould win,and then try to answer the questions accordingly. Shnply answerthe questions, and do not discuss nor concernYourseives

- with the'effect

.. of your answdrs.• 5, You will rkot decide the answer to a question by lot or by 

### drawing moms;or by any other method ofohanoe„Do not return a quotientverdict. A. quotient

- verdict ratans thatthejuxors agree to abide by the result to be reached by adding together eachjurot's figures and dividing by the. number °flux=to getan average, Do not do any trading on your ansWers;that is,onejuror should. not ;Igoe to answer v- certain, question one way if others will agree to answer mother stiegioa another way. 6. You twastrenderyourverdiat

### upon Cho vote often ormoremembers ofthe jury. The same ten ormore ofyou mustagreeupon all ofthe answersmadcand to the entire verdict. Yoinvin not, therefore, enter into an agreement to be bound by a- majority or any other vote ofless 

### than ten ittrorS, If the verdict and all of the answers therein are reseheri by unanimous agreement, the presidingjuror shall sign thevordlot for the entire jury. If anyjuror disagrees as to any answerros,dt 0 by the vu—dict,those jurors who agree to all fa:Wings shell each sign the verdict, a. 4 , 1 7, You are instaucted thatyouare tiotte eiloveyourselves to bcinfluenced tuaydegree whatsoever by whet you mightThink or surmise the opinion Ofthe Courtto be. The Contthas no 23 0 right IV any word or act to indicate any opinion respecting any matter of fact involved in this case, nor to indicate anydesire respecting its outcome. The Courthas notintended to 

### express way opinion upon any matter offact in, this case; and, if you have observed anything which you have or may interpret as the Court's opInloaupon any matte];offsetin this case,you mustwholly disregard such, EL It is your duty es a juror to consult with your fellow jurors and to deliberate With a VicW to reaching an agreement,ifyou can do so without violencet o individuetjudgment. You must 

### at cr.) 0

—.a

## AFR/29/2015/WED 11:04 AM Patel Gaines 

## PAX No. 210-460
-7797 P. 011/034

ts11 Wit LC.1.1061 u7.4I 0.11.1I OLA.C74 Mr(rt UsIt111-1 J1JUUM Vf4.*.

decide the essc

foryourself,butdo so only after an impartial censideration ofthe eyidencewithyour fellovdmrs. In the course ofyour deliberation, do not hesitate to reexamine your views and to

..... ...... ....... . .

..........

.... ......ebtuage your opinion on any rriattaf If COtiViaced it is enonerms. However,do not surrender your honestconyintions as to theweightofeffectof evidence solelybooause ofthe opinion 

### ofyourfzilow jurors,or far the mere purpose orreturning lave -raid, These instructions are given you because your conduct is subject to review the seine 45 that of the Witteisms,Parties, attorneys arid the nudge. ifit should be found that you have disregarded eny ofthese instructions,it will be jurynalscoadnetarid itmay require 

## another-1dpiby another jury; then all of our dyne will have been wasted. The presiding jutvc or any other who observes a violation of the Courts instructions shall immediately warn the one who is violating the same and ett.utIon the juror motto do so again. After you retire to the jury 

## room,you will =leayour own presiding juror. It is the duty ofthe presiding Juror: (1) to preside during your deliberations, (2) to see thatyour deliberations are conducted in an orderly manner and in accordance with the instructions ha this Charge, (3) to write outand band to the balliffeny communications concerning the case thatyou desire to have delivered to the judge, (4) to vote on the questions, (S) to write your answers to the questionsin tha spaces -provided, and (e) to oar* to your verdict In the sprieeprovided for the presiding jurorti signature or to obtain the signatures of all jurors who agree with the verdict if your verdict is less than 

## unanimous. 

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## , 01/29/2015/WED 11;04 AM Patel Gaines PAX No. 210.450
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01,4orAtlaU 07.46 OW11744474 Ktmm Dawlixul LJUbUt PAGE 05/86

Youshould notdiscusstheeasewithanyone, 13Jzt eVenWith Othermernbors ofthOnly,unless all ofyou are present and assembled in the jury room, Should anyone attemptto tall( to Y01 8,1 ?91# ..... - • • • ...

..... .... !theeasebefore.

theverdlotisreturned, .

,, Viietlter at the courthouse,atyourhome,or elsewhere,please 'inform the Judge ofthis fact. When words ON Used ill this Charge in,a. sense which varies from the meaning commonly , understood,yea are given a proper legal deftnitIon, which you are bound to accept In place deny other meaning. your an41.ver to all qu'estions must be based on a preponderance of hile*avidenee. The term 'preponderance of tile evidence' means the greater weight and degree of otectible testimony or evidence introduce?,

before you and admitted in thia case. When you have answered all thequestions on are required to answer under the instructions ofthe Judge and yourpresidingjuror hasplaced your answers in he spaces provided and signed the. verdictis presiding

-juror orobtained the signature,s,youwillinform the baillflatthe door ofthojury roam,that you have reached a. verdict, and then you will return into court with your verdict,

0

A 14 :PC7Ck M 

## JAN 2 9 2015 JO AnN1CSRVANTES ORIrt 9arkeVal Vcrda Co. 2 . 1 Co•ul (A) t:7

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## , 0/29/2015/WED 11:04 AM Patel Gaines FAX No.210-460
- 7797 P. 013/034

DEFINITIONS 1. "Defendants" refers to Chad It Foster, Sr. andE&P Development,LLC,

..... Su ............ 2. "KnIghttiravIc-Prepen51" means the !Tact of land deitii

- lbediti:theMartinervey and owned by PlaintiffXnighthawk,LLC, Series G. 3. ")3cfrY Develepntent Prepay)," means the property located at 615 E. Gibbs Street, DeI Rio, Val Verde County, Texas, currently owned by Defendant B&P Development,LLC,and described in the Rnthe Survey, 4. "Martinez Survey" means the property survey of the Knighthawk Property performed by Abner Martinez and dated October 16,2007. 5. "TrentSurvey" refers to the survey by David Trent dated lanuary 20, 1966. G. "Rothe Survey" tefets to the survey of the 13&P Development Property performed by Charles Rothe and dated January 12,2012, 7. "Proximate cause" means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained ofmust be suoh that person 

## of ordinary care would have foreseen that the event, or Some similar event, might reasonably result therefrom. There may be more than one proximate cause ofan event.

## AFT/29/2015/WED 11:05 AM Patel Gaines FAX No, 210-460
- 7797 P.014)034

QUESTION NO. Following all applicable laws and rules or construction, which of the following two surveys more accurately shows the location of the Boundary Line? "Boundary Line" refers to the boundary line between the .nighthawk Property and. the 13841 3 Development Property as described in the 1966 David Trent Survey. Plane an "X" next to one survey: Martinez Survey: Rothe Survey:

## APP/29/2015/WED 11:05 AM Patel Gaines FAX 1o.210-460
- 7797 

## P. 015/034

If you. answered "X" to the "Martinez Survey," in Question 1 then answer Question 7,

if not go to Question

a cco N 5 QUESTION NO. 7' ha ti l What sum of money, if any, if p i ( d noW in cash, would fairly and reasonably compensate Plaintifffor Defendants' use and ,if any, of the I(nighthawltProperty7 Do not include in your ausWer any amount that you find Plaintiff could have avoided by the exercise ofreasonable care. Answer separately in dollars and cents for damages,Ifany. I. Damages sustained in the past. Answer:$414,11012. Ori) 2. Damages that, in reasonable probability, will be sustained In the future. Answer.$ 

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### Patel Gaines FAX NO. 210-460
- 7797 P. 016/034

If you answered "X" to the "Rothe Survey" to Question 1 , then the following Question is limited to the Plaintiff's property falling outside the Rothe Survey. QUESTION tiO.

. ....... . . . Did Defendants trespass on the Krilghthawk Property? A "trespass" occurs when a person enters another person's land without consent, A trespass occurs when one intentionally commits an act, or when one intentionally falls to act, when that act or failure to act violates a property right, or would be practically certain to have that effects. Defendants are liable 

### for the actions of their 

### employees that were performed within the scope of their employment by Defendants, and Defendants ate also liable for the actions of their independent contractors if Defendants retained control aver details oftheir work. A person is not acting as en employee if he is acting as an. "independent contractor." An independent contractor Is a person who,in pursuit of an Independent business, uodertalces to do specific work for another person, using his own means and methods without submitting himself to the control of such other persons with respect to the details of the work, and who represents the will of such other persons only 

### es to the result 

### of his work and not as the means by which accomplished. "Intentionally" in this context refers an act or failure to act by one or both. Defendants. As long as the act or failure to act is intentional, it is not necessary that either Defendant intended to• commit trespass.
Answer "Yee or "No"for each of the following: B & P DEVELOPMENT,LLC CHAD H.POSTER, Sit.



# Cpl Answer: 6 (2,.. Answer: 

### %,) 0

### APT/90015/WED 11:05 AM Patel Gaines FAX No, 210-460-7797 P. 017/034

If you answered "Yes" to Question 3 above for more than one of those named below, then answer the following question. Otherwise do not answer the following question. QUESTION NO. ........... For each Defendant that you found trespassed, write their percentages of responsibility below. Assign percentages of responsibility to only those you found =sod or contributed to cause the trespass. The percentages you thici must total 10014 percent. The percentages must be expressed in whole numbers. The percentage of responsibility attributable to any one is not necessarily measured by the number of acts or omissions found. The percentage attributable to any one need notbe the same percentage attributable to that one in answering another question. For each person you found caused or contributtd to cause the trespass, find the percentage of responsibility attributable to each.
13 & P DEVELOPMENT,LLC CHAD H_ FOSTER, JR-



# (1) Answer: tOr) % Answer: 

### ,42Y

TOTAL: 100%

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### o3

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### AFR/90015/WED 11:06 AM Patel Gaines FAX No,210-460
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• lf,you answered "Yes" to any of portion of Question , then answer Question

) . QUESTION NO.

. ........... . . ... . . 'Whitt amount of money, if paid now in cash, would fairly and reasonably compensate Plaintiff for its injury or injuries, if any,proximately caused by Defendants' trespass? Consider the elements of damages listed below and none other. Consider each element separately. Do not award any stun ofmoney on any element if you have otherwise, under some other element, awarded a. sum of money for the same loss.That is, do not compensate twice for the same loss, if any. Do not Include in your answer any amount that you find Plaintiff could have avoided by the exercise of reasonable care. Do not include interest on any amount of damages you find:
a. the costs ofrestoring the property, if any,to its prior condition. Answers iitdutlars and cents for damages, Wetly A.uswer:$ b. the impairment, Ifany, and inconvenience, ifany,caused to the Plaintiff; and Answers in dollars and cents far damages, if any Answer:$
o. Loss efincome,if any,from Plaintiffs land.
Answers la dollars and cents for damages, Ifany Answer:$

### APR/29/2015/WED 11:06 AM Patel Gaines FAX No. 210
-460-7797 P. 019/034

If you answered "Yes" to Question 3 and $0.00 damages to Question 

## 7 , then answer Question 

## QUESTION'NO. IP What sum of money, if any, should Defendants pay to Plaintiff as nominal damages for trespassing on the ICnigh th avirk Property2 If you find, after considering all the eVidence presented, that Defendants committed a trespass, but Plaintiff suffered no injury as a result of the trespass, you may award Plaintiff "nominal damages" as recognition that Plaintiff's rights have been violated. You may also 

### award nominal damages if, upon finding that some injury resulted from a given unlawful aot, you find that 

### you are unable to compute monetary damages except by engaging in pure speculation and guessing. You array not award both nominal and compensatory damages to Plaintiff; that is, either Plaintiff was measurably injured, in which case you must award compensatory damages, or else Plaintiff was not, in which case you may award nominal damages. Answer in dollars and cents 

### for each Defendant.Nominal damages may not be 

### awarded for more than a token sung. B & P DEVELOPMENT,LLC Answer:

## $ 

# 4,000 . CHAD FOSTER, Ia. Answet7 $
cl a .

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### APR/290015/WED 11:06 AM Patel Gaines 

### FAX No.210-460
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QUESTION NO.7 Did Plaintiff publish the following statements?

. .... . . . • "• """*"..
- "PUbliSh" means to intentionally or negligently communicate the matter to a 

### person,

other than Chad H. Faster, Jr„ who Is capable of Understanding its meaning. A. That Chad Foster, Jr, forged the signature of H. Doak Neal to the two November 17, 2011 correction deeds? Answer 'Yes" or "No." ANSWER: c-> 5. That Chad H. Foster, Jr. stole land owned by the Plaintiff. Answer 'Yee or "No." ANSWER: C. That Chad H. Foster, Jr. falsiged 

### and recorded general file numbers on the two November 17, 2011 correction deeds? Answer "Yes" or "No." ANSWER: D. That Chad H. Foster, Jr, has stolen the land of other people from Del RIo. Answer "Yes" or "No." ANSWER:

t& 91asupoozmagua9.00cus

### APR/29/2015/WED (1:06 AM Patel Gaines MI40,210
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vq.....1.m.....=.-Palat

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if you answered "Yes" to any subpart of Question 1 ,, then answer the folloWing question; otherwise, do not answer the following question.

QUESTION NO. Was any statement to which you answered "Yes" in Question No. 1 defamatory concerning Chad H.roster, Jr.? "Defamatory" means an ordinary person would interpret the statement in a way that tends to injure a living person's reputation and thereby expose the person to public hatred, contempt, ridicule or financial injury, or impeaches the person's honesty, integrity, virtue or reputation, or falsely charges a person with the commission of a' crime. In deciding whether a statement is defamatory, you must construe the statement was a whole and in light of the surrounding circumstances based upon how a person of ordinary Intelligence would perceive it, Answer "Yes" or "No" as to each of the following statements to which you answered "Yes" in Question No. Do not answer as to any of the following statements to which you answered "No" in Question Non . A. That Chad Foster, Jr. forged the signature of H. Doak Neal to the two November 17, 2011 correction deeds? Answer "Yee or "No" ANSWER:, S. That Chad H. Foster, Jr. stole land owned by the Plaintiff. Answer 'Yes" or 'No" ANSWER: 13

a__ C. That Chad H. Foster, Jr. falsified and recorded general file numbers on the two November 17, 2011 correction deeds? Answer "Yes3r "No" ANSWER: 1.e5 D. , That Chad H. Foster, Jr. has stolen the land of other people from Del Rio. Answer "Yes" r "No" ANSWER:

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### 70

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## APT/29/2015/WED 11:07 Ali Patel Gaines FAX No. 210-460--7797 P. 022/034

If you answered "Yee' to any subpart of Question 

# 6., then answer the following question; otherwise, do not answer the following question.

QUESTION • •....... ..... • 

### Were any of the following statements false at the time It was made as It related to Chad H. Foster Jr.? "False" means that a statement Is not literally true or not substantially true. A statement Is not "substantially true" if, In the mind of the average person, the gist of the statement Is more damaging to the person affected by it than a literally true statement would have been. Answer "Yes" or "No" as to ,ach of the following statements to which you answered "Yes" in Question No. 

## , `A
, bo 

### not answer as to any of the following statements to which you answered "No" in Question Na.%.,, A. That Chad Foster, Jr. forged the signature of H. Doak Neal to the two November 17, 2011 correction deeds? Answer "Yes" or 'No" ANSWER: B. That Chad H. Foster, Jr_ stole land owned by the Plaintiff. Answer ."Yes" or "No" ANSWER: \n C. That Chad H. Foster, Jr. falsified and recorded general file numbers on the two November 17, 2011 correction deeds? Answer "Yes:

1,pr "Na" ANSWER:
-

4P...5 D. That Chad H. Foster, Jr. has stolen the land of other people from Del Rio, Answer ''Yes" or "No" ANSWER;

ta,e 14611/0002A094020ID° CO 

### 3

### APT/29/.2015/WED 11:07 AM Patel Gaines FAX 110,210
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If you answered 'Yes' to one or more subparts of Question 

# 9_, then answer the following questlon; otherwise, do not answer the following question. .QUESTION NO. -1 1

: 1 What sum of money, if paid now in cash, would falrly and reasonably compensate Chad H. Foster, Jr. for his injuries, if any, that were proximately caused by any statement to which you answered 'Yee In 

### Question No. 

### 9 ? Consider the elements of damages listed below and none other. Consider each element separately. Do not award any sum of money on any element if you have otherwise, under some other element, awarded a sum of money 

### for the same loss. That ls, do not compensate twice for the same loss, If any. Do •not inolude Interest on any amount ofdamages you find. Answer separately in dollars and cents for each of the following elements of damages, if any: 1, injury to Chad H. Foster, Jr.'s reputation sustained in the past. ANSWER: 2. Injury to reputation that, in reasonable probability, Chad H. Foster, sustain in the future, ANWER: 3, mental anguish that Chad H. Foster, Jr. 

### sustained in the past. ANSWER: 4. mental anguish that, in reasonable probability, Chad H. Foster, Jr. will sustain In the future. ANSWER:

L & 914612,j0002/La940209,DoW5 4

tielX11

- Jr. will

## APR/29/2015/WED 11:07 AM Patel Gaines FAX No. 210-460-7797 P. 024/034

If you answered "Yes" to any subpart of Question q , then answer the following question; otherwise, do not answer the following question. ....QUESTION NO..11.. • ..... ----••••••••••• • . ....... ........ ..

What SUM. of money, If paid now in cash, would fairly and reasonably compensate Chad H. Faster, Jr, for his actual pecuniary loss, if any, that was proximately caused by any statement to which you answered "Yes" in Question No. `;\ Consider the elements of damages listed below and none other, Consider each element separately. Do not award any sum of money on any element if you have otherwise, under some other element, awarded a sum or money for the same loss, That is, do not compensate twice for the same loss, if any. Do not include Interest on any amount of damages you find. Answer . separately in dollars and cents for each of the following elements of damages, if any,

all lest profits sustained by Chad H. Foster in the past ANSWER: .9 all lost profits that, In reasonable probability, Chad H. Foster Jr. will sustain in•the future ANSWER: all reasonable and necessary attorneys' fees (including responding to the TIEC Complaint) that Chad H. Poster has Incurred in defending himself against Seversoree claimsANSWER: all reasonable and necessary attorneys' fees that, in reasonable probability, Chad H. Foster likely will Incur In the future in defending himself against Severson's claims ANSWER:

QUESTION NO,

14611100

07A0940209.00aIS 5

## , An/29/2010ED 11:08 Ali Patel Gaines FAX NO10-460
- 7797 P. 025/034

el Question No. 12..

Ifyou found that any ofthe statements to be defamatory,then answer this Question. Did Plaintiff make the defamatory statements without actual malice? You are instructed that Plaintiff acted without actual malice if Plaintiff made statements I. without knowing that they 

## were false, and 2. without reokless disregard as to the truth of the statements.
Answer "Ye? or "No" Answer: the

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### AiR/29/2015/WED 11:06 Abi Patel Gaines FAX N0,210-460
-7797 P.026/034

CgilTIFICATE We,thejury, have answered the above and foregoing questions as herein indicated, and herewith retUrn. Sarno into court as our verdict I certify that the jury was unanimous in answering the following questions: Answer "All" or list questions: 

# All

_ 1 0.4r74.4A-4-1 SIDZIG ROM. I Printed Nam- ,e,ffresiding juror: , 

## 11 .7 

# -Ppntsk, (Ifth,e answers to some questions were not unanimous,the jurors who agreed to these answers must certify as follows) We agree to the answers to the following questions; List questions: Jurors Signatures Jurors' Printed Names Abe

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### , ill/29/2015/ED 11:08 Alf Patel 

### Gaines FAX No. 210-460
-7797 P, 027/034

10 ANN CERVANTES DISTRICT CLERK VAL VERDE COUNTY P.O. Box 1544 100 E. Broadway 1st Floor Del Ftlo,Texas 78841-1544

THE STATE OF TEXAS COUNTY OF VAL VERDE SANDY L GARCIA CHIEF DEPUTY Civil (830)774-7538 ChUd Support (030)774-7540 Jury (630)774-7541

.CrirnInalfigvenile (830)774-7539 Asst.Civil (830)774.7536 Fax(030)774-7643

1, jo ANN CERVANTES,District Clerk In and for Val Verde County,Texas,do hereby certify that the above and foregoing isa true and correct copy of: CHARGE OF THE COURT
In suit number 29842 styled: KNIGHTAWK,LLC.,SERIES G VS, B &P DEVELOPMENT,LLC AND CHAD H.FOSTER, 

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as the same appears of record in my office in the 83 ° JUDICIAL DISTRICT COURT Minute nook No. 113,page 0)466-483. WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE in Del Rio, Val Verde County, Texas, this 13th day of February, 2015.
10 ANN CERVANTES,DISTRICT CLER; k 63° & 83 ° I strict Courts Val Verde/ nty,Texas 4 0 )1(1 1 4 1 t1 //142-1 By: eputy

### ,APR/29/2015/WED 11:08 AM Patel Gaines FAX No.210
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- 7797 P, 028/034



# EXHIBIT B

### , APR/29/2015/'ED 11:0B AM Patel Gaines PAX No.210-460
- 7797 P, 029/034

Less hteolgr111171sass 902:530ZU o WARRANTY DEED WIT/1 VENDOR% LIEN re NOTICE OF CONFIDENTLAIZIY RIGHTS: IF YOU ARE A NKruam.p_EttsoN,YOU • • .. • - - MAY"REMOVE OIL 

### sputa ANT OR' lUara . OF THE FOLLOWING INFORJVIATION 

### mom AR? INSTRUMENT THAT TRANSFERS AN INTEREST IN RIALTROPERTY BEFORE Cr IS MED FOR RECORD IN PIE - PUBLIC RECORDSt YOUR SOCIAL SECURITY NUMBER DR YOUR D/IIVMS 

### tscENsg ilumnEn. THE STATE OF TEXAS 

### cowry/ OF VAL VERDE SNOW ALL MEN BY THESE PRESENTS: 7 THAT nOLANDIS ELSA-Was AND WITE, ,ANDELMA sANTDS, hereicskr gilled "Ora ;ow" (whether one or more), for aid In eansIdeadon of the turn orTct Dotlen (510.00)and othc Bond end ssloble somIderotion to Creator paid by 

### rvictirumm,Lcc.,tuseIes/tsr piled "Ocent::
- (wIu• her oat or more), th: Semis* of whleh 11 brushy sokewoledged std cnitfesterl,00d Ihr, Ember contrelerallon of the oxcetalan ind &limy by mkt Grantee of one emssIn Prornlory Note In the rtroipal sum off 111.7.50.00, of ono o dale hoe with,issysbly to the crtic of ivacaloVIA.ILUD:,NATroriAL.ASSOciAlLai Icitteeener called

-Glongnive, balking Irttaut at Ott rat theseht pro -Ad* gild Nate esuostang the until reasonable attorneys fee cIsoso and vadat= scr.derstIon ofangualv tholes In as; ofdefault, sod Ischli sorbed by 7 I Vendoes Lim and sopcdor dile retsina h1trin LI EV/Wed said LIortgaw, and bdtg also soured 

### hr. • 2 t O n j ead ocv. or Is Twi d dax.tim-cwith from Crra:1:1 VISTE1 WC.A VIRGO.; CORron-ATION , T WNEEEAS, hltuvenes bas., r1 Ihospeels1 In. lee cad Iteptect all3farasc, tuTd Lo Gluier e Donlon or the rotrJr...sa prim. Of the proraty la
- c.cinaticr deaddbed, et inattdal hi the alsotozepoibrel Note, Said VCOdOel Urn opinct Fad ProPesTrcuin 

### ! the Prireellt of sad NotebEreby wiped,trttufstrral and Mumps.. 

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d h ,,,„,„, 1, 1 to odd Mont,sio= th tali seneriet iitIc to xeld firdpe:Ty. tabrolainc said hlartgattx to 214 614 riGhl: ttrottNts a - Mentor In the prcnieet 1.7.vIride rle441 EMI renudoe ke2 OW1TSO, SOLD end CONVEYED, and by thes5 (K=Ettl.S arras GRANT, SELL one CONVEY utile ssld arenL=, ths following daraibell plop
- sty, le-wh: 5.1111ATED IX V.LL vEVDECoOtriV, TEXAS.AND sutra APIT.OXIMAYZIA DX/ AC1Lt5 OF LAND,OUT 

### or AND ?,,

51 . r umati 110.5,Lsi OP/ OWN 1/1 S_F-A-ht.* L CO. 

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am, twine tf0.151 3/4 

### IN TIIE NAME OR.ToIliq gEttiLE ,110 6E1Plo T116 SANE riloPERIV ogsattoro 175 DEED Okra) A.uausr 3, L7/3,mila Laura tin-soti,GUARS:Mit;TO /GUN L DPOtOlt .rtt. or tlECOAD IN VoLintlX113. PAOIE3 aftas Or TILE DEE° RECORDS Ott VAL 712tOr.CO Mu, TEXAS, SATO PROPERTY NonEp,UKT;e111.4.11.1X DESC4L1BEO ay AttTES At D aOlzros 

### Lstr norr A - rrAcHzo Reitcro rttlo rmcorooa., 1 / 4
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'co MINE AHD to HOLD eic nhavvtlezdhaI scrntra. torthss
- Al ant! tlaialu. Oa right; Ind aptoutensoms thstetrr.to' is aayriro hclonetua unto said Grantee, bars zed 0,1 1hies, forayer, AA does herby bind hIttocli, rsegolms and attminbtrii90, towernnt eras fortvrr driert d all and 

### riiipou raid ft -Athos unto said Manioc.h h.dr; end situps staled rimy patoa wlsomyor.ttr Ant IL11;.clelratter,o7 in clelm tho ssrno twiny pcii ihsrea%
r,se i err poses GVIVWL I

## ,APR/29/2015/WED 11:09 AM Patel Gaines FAX No.210-460
- 7797 P, 030/034

1:12.5150;a0 Igors tas ilto tommt >TV havo beta prol:11.1d thdr szymmt iy assoniad by Grarat. ïn~aqa/r/ancaiarnadesabjrstmanyanda.y:N rerardanainat rnatalarldnee chsracr lagoL>L ‘vtah uty Ifs setudril Mia minima= charges, smis;(ams, ordirranceo at rounitipol sotlior olher govanmeoul suáeides,eo:.dldaartnd covessoi, Itmy,mellmblo ta zsd totorombls o:altist dte áovt-dtsnatri 'Kopen; ss room. Iq lemma;

atth: Couttri Cieo:t otsild Coontt. rht we ot my persoon buein tD =fer u Gfinbr Dr Glifilet0.111)511mmd e romp rtrerzzg cien thgtlia Ctradlor andtor Crrantm may ba sa indivhluol (aittits mie ar tetratt), s ctrporstion, a otrtotritio or s tiolto ot two or mors Indh'idostri M71Qr1119715 ara/or Pumrtoloo, and nimo thls DM la mand by or s torpordoo, ur Motst, Iha orortlo toccutors and orlrgolitrotore' or nulro and ssilegto" shalt, orithrtaimminsochtorporationtirtromcc,httonstroolletneta•noc:pousandsjgge. 11 B "Pft

2 MY agrood tlrat dia %doe: , Usa la ratabiad to Woot sliktpaytt critld Hak apinn die ,bovelicocritord property, pmmlmo tact iroporkoitras, won sald Hots god all lotemo !humt;abn hm haai ktly prid natrirtlfrig m 1Se IJ--rms 13=tot, whto Ihb D=d rhall br,ennt abi at utg,

0 D EXECUTED In/ 17TH dar/ amen::m.1;07.

Ta ROS-ltrOn fl-a/mos AtiGttata S

ST. 1 / 4 TS 01 . r agt 3 5.______, COUITCY OFid. 4511(5 , 11)9 kit-Unleid teoz stkoortledst hatora rateo ( r 1 100 1 .UiCZLICA 5,1; •5

g4 i 1 09M. Mot. Lin G9,IETE25 ADDEESS: ditS M'N nc1.11.10eTZMAS 14'41

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### , APR/29/2015/WED 11:09 AM Patel Gaines FAX No.210
- 460
- 7797 P.031/034

EX

T 103IT "A" L., II Alne. Imam la AU. THAT CERTAIN =Act' oo. FARM. OF LAND, 3 mill= IN 'Mt

crryf nEL rijo. coo,,,,y or vu, wag,

Ann STATE orrcu..Atm piny DOT OF AM A rAATo F SE No.3,iNimastox . • st. o? tr.'T. CO MMIF'S SUOINVISICh/ OF onlouw.Futti,y a.icon Ini

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IIEnic uE4cE=EO JIMA worm AS Frm0WS; nve :. go tt. ERE 76MT

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a F iT . 1. "ctrE Ethr eONIEH.

0 ?Mr C1RT TM? FUND HY 

## MD=g. LOIA _01_ !MEET EDIALAR. . EU nATED R ARV 10..129c, O REDD ttbEu IN YOE.In, PACES OT

-10i. DEED MOOKM OF YAL YEW/ COMM. THENCE. WITH EOM MOT LINE Or AVENUE I, 41' Om" C., 131.13 FT.,

To A !V CRON 7 DOJO SET ON TUE WEST UNE OF CONTEILSE. %TAUT; 7 FF.RCE THENIZE, %VIM

WI E WFSTVI.LY UNE OF CONv ET t055sTSZ.

315'ITN - W, 92,25 FT. CORN TH Ti(MEE, 1 31'S5'3V \t', 19.7J Fr„ TO A FED, 0L 001111SIt. ritENd,N 49' sow tP, 117.12 rr.,TO A FENCE Gamut, IltENCE, 5 SI IV W ca.91 FT.,TO A FENCE COMER, MUM S 11'1191° TY,4.123 FT,

TO A FENCE caltslEv. TMCV, 11 I' 4

T 31 " ZLIS Ft.

TO A ma comm. FILENCE,Nal'.11 ,2 i" e,70.LS PT.,

TO A FENCECORNER, IMS.FL

AND. 35'34" E. 7,1-00 FT. TO THE PEACE OF SE004,000,Afir. callram% two AORSS O O 7 7 4



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## Ale/22/2015/WED 11:09 AM Patel Gaines FAX No.210-460
-7797 F.032/034

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## ,iiR/29/2015/WED 11:09 AM Patel Gaines FAX No. 210
- 460
- 7797 F, 033/034

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- 77 97 1 ), 034/03

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