Property Settlement Agreement

PROPERTY SETTLEMENT AGREEMENT

THIS PROPERTY SETTLEMENT AGREEMENT, dated this 20th day of August, 1993, by and between MINNIE MOUSE, formerly MINNIE MICE, Party of the First Part, hereinafter referred to as "Wife"; and MICKEY MOUSE, Party of the Second Part, hereinafter referred to as "Husband";

W I T N E S S E T H :

WHEREAS, the said Husband and the Wife were formerly husband and wife, but they were divorced by Order entered by the Circuit Court of Disney County in Civil Action No. 93-D-93 on April 2, 1993; and,

WHEREAS, the said Parties are now living separate and apart from each other, and,

WHEREAS, both Parties to this Agreement have entered into the same freely, voluntarily and without duress; and,

WHEREAS, both Parties to this Agreement have had the benefit of legal counsel; and,

WHEREAS, as an incident to the aforesaid divorce proceedings, which are presently pending in said Circuit Court, the Parties hereto desire to adjust and settle all of their respective property rights and interests, present and future, arising out of said marriage relationship (except any claims involving the Parties hereto with the United States of America);

and,

WHEREAS, the Parties hereto further desire to settle and adjust certain matters between them relating to obligations and certain other specified rights or claims that each may have in and to the estate of the other, whether real, personal or mixed, and whether now owned or hereafter acquired which may arise and accrue by virtue of said former marriage, subject to the performance and fulfillment of each and every term and condition of this agreement; and further subject to the ratification, confirmation and approval of this Property Settlement Agreement of and by the Judge of the Circuit Court of Disney County, West Virginia; and,

NOW, THEREFORE, WITNESSETH: that for and in consideration of the mutual covenants, and in further consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration not herein set forth, paid by each of them unto the other, cash in hand on this date, the receipt of which is hereby acknowledged by each, the Parties hereto mutually AGREE, COVENANT and CONTRACT as follows:

1. The Parties hereto do hereby each agree, based upon the considerations aforesaid, that they, and each of them, will waive, forego and otherwise surrender any claim each may have against the other for alimony and separate maintenance.

2. The Parties hereto do hereby mutually agree, based upon the considerations aforesaid, that they, and each of them, will waive, forego and otherwise surrender any claim each may have against the other for homemaker services.

3. The Wife hereby covenants and agrees to surrender any and all claims, titles and interests she may have in and to one 1950 Ford truck automobile, VIN: ABCDEF, and one 1980 trailer14X72, VIN: GHIJKL; and the Husband upon receipt of the aforesaid items of personalty, covenants and agrees to assume any and all insurance and maintenance obligations in connection therewith; and, the Husband will assume responsibility for any and all loan payments, mortgages and financial obligations, if any, for the aforesaid vehicle and house trailer herein and hereby consigned to the Husband; and the Husband will save the Wife harmless therefrom;

LIKEWISE, the Husband, upon the execution of this agreement and the entry of an Order embodying the same, and upon the further considerations hereinabove and hereinafter specified, will pay unto the Wife the sum of Two Thousand Dollars ($2,000.00); however, Wife, when presented with any certificates of title pertaining to the aforesaid house trailer, shall promptly endorse and return the same to the Husband.

4. The Parties hereto agree that the Husband and the Wife have heretofore divided and taken possession of all other items of personalty; and the Parties do further hereby agree that the Husband shall have all household furnishings, appliances, and contents now situate or located in the former marital home, free of any and all claims of the Wife.

5. Except as treated elsewhere in this agreement, and subject to the foregoing provisions in reference thereto, the Parties do hereby covenant and agree that all other items of personalty shall be entitled to and owned by that Party having possession of the same on the effective date of this agreement; i.e., other than that expressly appearing herein to the contrary, all personal property or assets, irrespective of marital or separate classification, presently in the possession of either the Husband or the Wife shall become his or her private property free of the claims of the other Party.

6. Except as herein provided to the contrary, the Husband shall be primarily responsible for the payment of all debts, loans and accounts incurred by or extended to the Parties hereto, jointly during coverture, for the marital trailer/home and property mortgaged only, including, but not limited to, utilities, assessments, taxes, etc. arising in connection therewith; and the Husband agrees to save the Wife harmless therefrom;

7. Each Party hereto does hereby covenant and agree not to molest, inhibit or interfere with the personal liberty of the other Party in any manner whatsoever, whether at his or her home, place of employment, or elsewhere, subject to the date of the entry, ratification, confirmation, approval, adoption, and incorporation of this Contract and Agreement by Order of the Circuit Court of Disney County, West Virginia.

8. The Parties hereto do hereby covenant and agree that each shall be responsible for his or her attorney fees and expenses incurred for his or her benefit, with respect to this Property Settlement Agreement and Final Divorce Hearing.

9. The Parties hereto do hereby covenant and agree that each of them shall promptly execute and deliver any and all instruments and documents of transfer necessary to effect the terms and provisions herein contained.

10. It is mutually understood and agreed by and between the Parties hereto that the divorce proceedings now pending between said Parties be carried to a final conclusion, in the form of an agreed divorce decree; and that the original or a xeroxed copy of this Agreement shall be submitted as evidence to the Circuit Court of Disney County, West Virginia, so that the Court may consider, ratify, approve and confirm this Agreement, and the same and each and every aspect thereof, in any final judgment or order that may emanate from the pending proceedings.

11. Except as herein contained to the contrary, the Parties hereto shall, and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either or them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing, up to the date of the execution of this Agreement, arising from the marriage of the Parties hereto; and, it being the intention of the Parties that henceforth there shall be as between them only such rights and obligations as are specifically provided in this Agreement.

12. No modification or waiver of any of the terms of this Agreement shall be valid, unless in writing and executed with the same formality as this Agreement.

13. No waiver of any breach or default hereunder shall be deemed to be a waiver of any subsequent breach or default of the same or similar nature.

14. The Parties hereto declare that they have had legal advice by counsel and that each had disclosed to him or her the full nature and extent of the true assets and liabilities of each, and legal rights of each thereto, and that after such advice, knowledge, and information, each freely and voluntarily has subscribed his or her name to this Agreement, neither relying upon any representations other than those expressly set forth herein.

15. This Agreement shall be binding upon the heirs, assigns and legal representatives of the Parties hereto, as if in each and every case they were expressly named.

16. This Agreement shall be construed, applied and enforced in accordance with the laws of the State of West Virginia.

17. Should any term or provision of this Agreement be held invalid or unenforceable, the remaining terms or provisions not held invalid or unenforceable, shall be applied, governed and enforced to the fullest extent permitted by law.

IN WITNESS WHEREOF, the Parties hereto affix their seals and signatures:

___________________________________
MINNIE MICE formerly MINNIE MOUSE,

Wife

___________________________________
MICKEY MOUSE,

Husband

STATE OF WEST VIRGINIA,

COUNTY OF DISNEY; TO-WIT:

The foregoing instrument was acknowledged before me this ___ day of August, 1993, by MINNIE MICE formerly MINNIE MOUSE, Wife.

My Commission Expires: _______________________________

_______________________________
NOTARY PUBLIC

STATE OF WEST VIRGINIA;

COUNTY OF DISNEY; TO-WIT:

The foregoing instrument was acknowledged before me this ___ day of August, 1993, by MICKEY MOUSE, Husband.

My Commission Expires: ______________________________

______________________________
NOTARY PUBLIC

PREPARED BY:

JAMES WILSON DOUGLAS
Attorney at Law
100 North Hill Road
Post Office Box 425
Sutton, West Virginia, 26601