ACCEPTED 05-15-00861-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 7/16/2015 4:16:41 PM LISA MATZ CLERK NO. 05-15-00861-CV FILED IN 5th COURT OF APPEALS IN THE COURT OF APPEALS DALLAS, TEXAS FIFTH DISTRICT OF TEXAS 7/16/2015 4:16:41 PM AT DALLAS, TEXAS LISA MATZ Clerk

IN RE ROGER ARASH FARAHMAND, Relator

Original Proceeding Arising From the 417th Judicial District Court Collin County, Texas Cause No. 417-56531-2013 Hon. Cynthia Wheless

VOLUME II OF RELATOR’S RECORD IN SUPPORT OF PETITION FOR WRIT OF MANDAMUS TAB 18

THE LAW OFFICE OF GARY L. NICKELSON Chris Nickelson State Bar No. 24013241 5201 West Freeway, Suite 100 Fort Worth, Texas 76107-5200 Phone: 817-735-4000 Fax: 817-735-1480 Email: [email protected] ATTORNEY FOR RELATOR, ROGER ARASH FARAHMAND

INDEX Tab 18 Petitioner’s Response to Respondent’s Hybrid Motion for Partial Summary Judgment Regarding Respondent’s Prior Marriage, filed 10/24/14

ROGER FARAHMAND’S RECORD TAB 18 Filed: 10/24/2014 4:24:31 PM Andrea S. Thompson District Clerk Collin County, Texas By Sandra Hill Deputy Envelope ID: 2953711 THIS DOCUMENT CONTAINS SENSITIVE DATA.

NO. 417-56531-2013 A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHFARAHMAND § AND § 417™ JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § , A CHILD § COLLIN COUNTY, TEXAS PETITIONER'S RESPONSE TO RESPONDENT'S HYBRID MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING RESPONDENT'S PRIOR MARRIAGE COMES NOW Petitioner, Roger Arash Farahmand (hereinafter "Roger"), and files this Response to Respondent's Hybrid Motion For Partial Summary Judgment Regarding Respondent's Prior Marriage, and in support of this Response provides the following: I.

RESPONSE EVIDENCE In support of this Response, Roger relies on the following documents and affidavits, true and correct copies of which are attached hereto, and incorporated by reference for all purposes: Exhibit A: Affidavit of Roger Arash Farahmand; Exhibit B: Excerpts from the Deposition of Maryam Farahmand: Page 69, lines 22-25 with Exhibit 7 Page, 61, line 7 through Page 63, line 21 with Exhibits 3 and 4 Page 72, lines 20-23 Page 73, lines 18-24, with Exhibit 9 Page 83, lines 11-15 Page 84, lines 5-8 and lines 21-25 Page 146, lines 18-20 Page 151, line 9 through Page 153, line 9; Exhibit C: Foreign Language Translation and Affidavit ofMaryam Farahmand and Amir Bagherkalantari's Wedding Video Transcript, filed with the Court on June 13, 2014;

Page- 1 Page 1 of 131 Exhibit D: Marriage License of Maryam Farahmand and Amir Bagherkalantari issued on December 4, 2009 by the Collin County Clerk and signed on December 12, 2009 by the person who performed the ceremony, Dr. Ghaffari; Exhibit E Excerpts from the Deposition of Shahrbanoo Khanipour, who also goes by Mahnaz Keyani: Page 12, lines 16- 25 Page 13, line 1-15 Page 15 line 8 through Page 23, line 9 Page 24, lines I 0 - 24 Page 25, lines 2-12 Page 45, lines 1-25; Exhibit F Deposition by Written Questions of Dr. Alsan Ghaffari; Exhibit G March 10,2014, Temporary Orders Hearing Transcript, Page ll- 22;and Exhibit H Business Records Affidavit of Post Legacy Apartments filed June 9, 2014.

II.

STATEMENT OF FACTS

Roger and Respondent, Maryam Farahmand (hereinafter "Maryam"), were purportedly married on July 28, 2012. On December 30, 2013, Roger filed his Original Petition for Divorce.

After filing, Roger discovered for the first time that Maryam had previously been married to Amir Bagherkalantari (hereinafter "Amir"). After further investigation, Roger learned that not only had Maryam married Amir on or about December 12, 2009, but she had never divorced Amir. Exhibit "A." On March 4, 2014, Maryam was deposed and Maryam stated that neither she nor Amir had ever filed for divorce nor filed for an annulment. Exhibit "B," p. 84.

Subsequently, Roger uncovered the wedding video from Maryam and Amir' s nuptials as well as a copy of their marriage license. A true and correct copy of Maryam and Amir' s wedding video transcript and marriage license is attached hereto for all purposes as Exhibit "C" and "D," respective Iy.

Roger also learned that the marriage license was never filed due to a misunderstanding by a guest at the wedding, Shahrbanoo Khanipour, who held on to the license unknowingly. A true and correct copy of selected excerpts of the Deposition of Shahrbanoo Khanipour is attached

Page- 2 Page 2 of 131 hereto for all purposes as Exhibit "E." However, despite the lack of filing, the license is fully executed and does bear the signature of the officiant, Dr. Asian Ghaffari. See a true and correct copy of the deposition on written question responses from Dr. Asian Ghaffari is attached hereto for all purposes as Exhibit "F," page 7, question 21 (Dr. Ghaffari answered yes to the question, "Did you officiated or conduct Maryam Parviz Khyavi and Amir Bagherkalantari' s wedding ceremony?"). Finally, after Maryam and Amir married, they moved into an apartment in Plano, Texas wherein Amir identifies, in his emergency contact section of the apartment application, Maryam as his wife. In Maryam's application to the apartment complex, she writes that the reason she is moving is that she is "getting married." A true and correct copy of the apartment lease and applications written by Maryam and Amir are attached hereto and incorporated herein for all purposes as Exhibit "H." Accordingly, upon learning of the prior marriage, Roger filed his First Amended Petition to Declare Marriage Void and in the Alternative Second Amended Petition for Divorce. On July 31, 2014, Maryam filed Respondent's Hybrid Motion for Partial Summary Judgment On Petitioner's Allegations of Prior Marriage to Amir Bagherkalantari (hereinafter "Motion for Summary Judgment."). Maryam's hybrid Motion for Summary Judgment features a traditional motion for summary judgment and a no evidence motion for summary judgment.

IV.

RESPONSE To No EVIDENCE MOTION FOR SUMMARY JUDGMENT Maryam challenges Roger's action to void the marriage stating that he has failed to provide any evidence of a ceremonial marriage or an informal marriage.

A. Authority/Standard of Review.

The no-evidence summary judgment motion is a procedural device designed to help the party who does not have the burden of proof at trial, generally the defendant. Texas Rule of Civil Procedure 166(a)(i) requires the trial court to grant the motion for no-evidence summary judgment if the nonmovant does not produce summary judgment evidence that raises a genuine issue of material fact. 1 To defeat a no-evidence motion for summary judgment, the nonmovant must produce more than a scintilla of evidence to raise a genuine issue of material fact on the challenged elements. 2 A nonmovant produces more than a scintilla of evidence when the evidence "rises to a level that would enable reasonable and fair-minded people to differ in their conclusions. " 3 A trial court must resolve all reasonable doubt about the facts in favor of the nonmovant. 4

Dolcejino v. Randolph, 19 S.W.3d 906, 917 (Tex.App.-Houston [14th Dist.] 2000, pet. denied); Saenz v. Southern Un. Gas Co., 999 S.W.2d 490,493 (Tex.App.-EI Paso 1999, pet. denied).

Tex. R. Civ. P. 166a(i); Forbes Inc. v. Granada Biosciences, 124 S.W.3d 167, 172 (Tex. 2003).

Ridgway v. Ford Motor Co., 82 S.W.3d 26, 29 (Tex.App.-San Antonio 2002), rev'd on other grounds, 135 S.W.3d 598 (Tex. 2004).

Lehrer v. Zwenemann, 14 S.W.3d 775, 777 (Tex.App.-Houston [1st Dist.] 2007, pet. denied).

Page- 3 Page 3 of 131 The amount of time necessary to constitute an adequate time for discovery under Texas Rule of Civil Procedure 166a depends on the facts and circumstances of the particular case. 5 Generally, when considering whether the trial court permitted an adequate time for discovery as to permit grant of a no-evidence summary judgment, the appellate court considers the following factors: (1) the nature of the case; (2) the nature of the evidence necessary to controvert the no- evidence summary judgment motion; (3) the length of time the case was active; (4) the amount of time the no-evidence motion was on file; (5) whether the movant had requested stricter guidelines for discovery that had already taken place; and (7) whether the discovery deadlines in place were specific or vague. 6 B. Ceremonial Marriage.

Under Texas Law, to enter into a ceremonial marriage, a person must obtain a marriage license and voluntarily participate in a marriage ceremony. 7 After obtaining a marriage license the couple must appear before an "authorized person" who will conduct the marriage ceremony. 8 An "authorized person" can either be: (a) an officer of a religious organization who is authorized by the organization to conduct a marriage ceremony; or (b) a person that has the reasonable appearance of authority and at least one party to the marriage participated in the ceremony in good faith and treats the marriage as valid. 9 Texas law does not prescribe any specific form for the marriage ceremony and no particular words are required to be spoken by the participants. 10 Finally, the person who conducts the marriage ceremony must, within 30 days: (1) record on the license the date of the ceremony and the county where it was performed; (2) sign the license; and (3) return the license to the county clerk who issued it. 11 However, evidence that the marriage was not entered to in accordance with statutory formalities, such as obtaining a marriage license, conducting a ceremony and recording the license, is insufficient to invalidate a ceremonial marriage's existence. 12 A ceremonial marriage can be established by presenting evidence of the marriage license and certificate, or by testimony of the parties, the witnesses, or the person who performed the marriage. 13

Mcinnis v. Mallia, 261 S.W.3d 197,202-03 (Tex.App.-Houston [14th Dist.] 2008, no pet).

In re Guardianship of Patlan, 350 S.W.3d 189 (Tex.App.-San Antonio 2011, no pet).

Tex. Fam. Code § 2.00 1 Tex. Fam. Code § 2.203(a).

Tex. Fam. Code§ 2.202(a)(3); Tex. Fam. Code § 2.302; Husband v. Pierce, 800 S.W.2d 661, 664 (Tex.App.- Ty1er 1990, orig. proceeding). /d.; Texas also does not distinguish between civil and religious ceremonies. Ahmed v. Ahmed, 261 S.W.3d 190, 194 (Tex.App.-Houston [14th Dist.] 2008, no pet.) (date of civil ceremony established marriage because it occurred before religious ceremony).

Tex. Fam. Code § 2.206(a).

Tex. Fam. Code § 2.301 (validity of marriage is not affected by fraud, mistake or illegality that occurred in obtaining marriage license); Tex. Fam. Code § 2.302 (validity of marriage is not affected by lack of authority of person conducting the marriage ceremony); Williams v. White, 263 S.W.2d 666, 668 (Tex.App.-Austin 1953, writ refd n.r.e.) (statutory formalities for marriage are merely directory, and marriage is valid even if certain formalities are not followed); Husband v. Pierce, 800 S. W .2d 661, 664 (Tex.App.-Tyler 1990, orig. proceeding) (ceremonial marriage was valid even though there was no marriage license) (emphasis added).

See Forson v. State, 296 S.W.2d 770, 772 (Tex. Crim App. 1911) (testimony of minister who performed ceremony); Black v. Shell Oil Co., 397 S.W.2d 877, 881 (Tex. App.-Texarkana 1965, writ refd n.r.e.) (license and certificate).

Page- 4 Page 4 of 131 C. Informal Marriage.

An informal or common-law marriage exists if the parties: (1) agreed to be married; (2) lived together in the state as husband and wife; and (3) they represent to others that they were married. 14 The existence of a common-law marriage is a fact question, and the party seeking to establish the existence of the marriage bears the burden of proving the elements by a preponderance of the evidence. 15An agreement to be married, as an element of proof required to establish common law marriage, may be established by direct or circumstantial evidence. 16 Evidence of cohabitation and representations that the couple is married may constitute circumstantial evidence of an agreement to be married, but "the circumstances of each case must be determined based upon its own facts." 17 D. Maryam Married Amir Prior to Her Marriage to Roger.

Under Texas law, to enter into a ceremonial marriage, a person must obtain a marriage license and voluntarily participate in a marriage ceremony. 18 After obtaining a marriage license the couple must appear before an "authorized person" who will conduct the marriage ceremony. 19 An "authorized person" can either be: (a) an officer of a religious organization who is authorized by the organization to conduct a marriage ceremony; or (b) a person that has the reasonable appearance of authority and at least one party to the marriage participated in the ceremony in good faith and treats the marriage as valid. 20 Texas law does not prescribe any specific form for the marriage ceremony and no particular words are required to be spoken by the participants. 21 Finally, the person who conducts the marriage ceremony must, within 30 days: ( 1) record on the license the date of the ceremony and the county where it was performed; (2) sign the license; and (3) return the license to the county clerk who issued it. 22 However, evidence that the marriage was not entered into in accordance with statutory formalities, such as obtaining a marriage license, conducting a ceremony and recording the license, is insufficient to invalidate a ceremonial marriage's existence. 23 A ceremonial marriage can be established by Tex. Fam. Code § 2.401; Small v. McMaster, 352 S.W.3d 280,283 (Tex.App.-Houston [14th Dist.] ~011, pet. denied).

McMaster at 283.

Russell v. Russell, 865 S.W.2d 929, 933 (Tex. 1993).

17 /d.

Tex. Fam. Code§ 2.001.

Tex. Fam. Code § 2.203(a).

Tex. Fam. Code§ 2.202(a)(3); Tex. Fam. Code§ 2.302; Husbandv. Pierce, 800 S.W.2d 661,664 (Tex. App.-Tyler 1990, orig. proceeding).

Id; Texas also does not distinguish between civil and religious ceremonies. Ahmed v. Ahmed, 261 S.W.3d 190, 194 (Tex. App.-Houston [14th Dist.] 2008, no pet.) (date of civil ceremony established marriage because it occurred before religious ceremony).

Tex. Fam. Code § 2.206(a).

Tex. Fam. Code § 2.30 I (validity of marriage is not affected by fraud, mistake or illegality that occurred in obtaining marriage license); Tex. Fam. Code§ 2.302 (validity of marriage is not affected by lack of authority of person conducting the marriage ceremony); Williams v. White, 263 S.W.2d 666, 668 (Tex. App.-Austin 1953, writ rerd n.r.e.) (Statutory formalities for marriage are merely directory, and

Page- 5 Page 5 of 131 presenting evidence of the marriage license and certificate, or by testimony of the parties, the witnesses, or the person who performed the marriage. 24 To illustrate, in Williams v. White, a sixteen year old girl married a seventeen year old boy. Williams v. White, 263 S. W.2d 666, 667 (Tex. Civ. App.-Austin 1953, writ refd n.r.e.).

The children were able to obtain a marriage license from the clerk without their parents' consent which is required by statute. Id The parents of the girl argued the marriage was void because their consent was not given to procure the marriage license. /d. The court found that "statutes regulating the mode of entering into the marriage relations including the consent of the parents and provisions requiring that a license be obtained before performance of the marriage ceremony, are merely directory, and that, although marriage is entered into otherwise than in accordance with the provisions of such statutes, it is nevertheless a valid marriage unless, of course, the statute declares that its violation shall render the marriage void. Id at 668 (emphasis added); see also Husband v. Pierce, 800 S.W.2d 661, 664 (Tex. App.-Tyler 1990, no writ) (finding that "every marriage entered into in this state is considered valid ... unless it is expressly made voidable ... "). Since Texas does not have a statute that explicitly declares a marriage between a sixteen-year old and a seventeen-year old void, the court upheld the validity of the marriage despite the invalidity of the marriage license. 25 The court in Portwood went on to explain that "only when by the terms of these statutes it is peculiarly provided that a failure to comply with their provisions shall render the marriage void that this effect is given to them." Portwood v. Portwood, 109 S.W.2d 515, 521 (Tex. Civ. App.-Eastland 1937, writ dism'd); see also In re Estate of Loveless, 64 S.W.3d 564 (Tex. App. Texarkana 2001) (although a marriage is entered into otherwise than in accordance with the provision requiring that a license be obtained before performance of the marriage ceremony, it is nevertheless a valid marriage unless the statute declares that its violation renders the marriage void.); Husband v. Pierce, 800 S.W.2d 661, 664 (Tex. App.-Tyler 1990, no writ); Williams v. White, 263 S.W.2d 666, 668 (Tex. Civ. App.-Austin 1953, writ refd n.r.e.). Even in the criminal courts, it has been upheld that a marriage can be valid without a license though the parties participating in the ceremony may be criminally liable. Chapman v. Chapman, 32 S.W. 564, 565 (Tex. Civ. App. 1895) affd, 88 Tex. 641, 32 S.W. 871 (1895); See also Morville v. State, 63 Tex. Crim. 553, 557, 141 S.W. 102, 104 (Tex. Crim. App. 1911) (upholding a criminal conviction for bigamy when no marriage license was issued; the court found that a prior marriage existed based on testimony of witnesses). Thus, although the Texas Family Code appears to be mandatory in requiring the recording of an executed marriage license, a marriage otherwise valid will not be invalid for lack of recording. Williams v. White, 263 S.W.2d 666, 668 (Tex. Civ. App.-Austin 1953, writ refd n.r.e.).

marriage is valid even if certain formalities are not followed); Husband v. Pierce, 800 S.W.2d 661, 664 (Tex. App.-Tyler 1990, orig. proceeding) (ceremonial marriage was valid even though there was no marriage license) (emphasis added).

See Forson v. State, 296 S. W.2d 770, 772 (Tex. Crim. App. 1911) (testimony of minister who performed ceremony); Black v. Shell Oil Co., 397 S.W.2d 877, 881 (Tex. App.-Texarkana 1965, writ ref'd n.r.e.) (license and certificate).

25 ld.

Page- 6 Page 6 of 131 Here, Maryam and Amir received a marriage license from the county clerk. See Exhibit "D." After they obtained that marriage license, they were married before an authorized Persian Shiite officiant who married them with religious authority under Persian Shiite marriage traditions. See Exhibit "C." The officiant, Dr. Ghaffari, testified under oath that he married Maryam and Amir and attended their wedding. See Exhibit "F." Wedding guest, Shahrbanoo Khanipour, testified that she attended the wedding of Maryam and Amir and retained the couples' marriage license for safe keeping. See Exhibit "D." Although the marriage license was never filed, it does not invalidate Maryam and Amir' s marriage. There is no specific statute that voids a ceremonial marriage if the marriage license is not filed. See Portwood v. Portwood, 109 S.W.2d 515, 521 (Tex. Civ. App.-Eastland 1937, writ dism'd); In re Estate of Loveless, 64 S.W.3d 564 (Tex. App. Texarkana 2001); Williams v. White, 263 S.W.2d 666, 668 (Tex. Civ. App.-Austin 1953, writ refd n.r.e.). Accordingly, Maryam and Amir's marriage is valid in accordance with the Texas Family Code and Texas case law.

As far as summary judgment proof of an informal marriage, Petitioner has offered evidence that Amir and Maryam agreed to be married, which they did in a ceremony before witnesses.

Maryam admits herself in her deposition testimony that she and Amir lived together, in an apartment in Plano, Texas in 2010, after the agreement to be married in December 2009. See also Exhibit "H," which is the Business Records and Affidavit of Post Legacy Apartments lease wherein Maryam is identified as the Wife of Amir in his application. Also, in Maryam's application she states that the reason she is moving is because she is getting married. In addition to the lease application, there is summary judgment evidence that Amir and Maryam held themselves out and presented to others that they were married, wore a wedding dress and veil, exchanged rings and vows in a ceremony with witnesses. See the deposition testimony in Exhibits "B" Page 73, lines 22-24, Page 83, lines 11-15; "C"; "E" Page 15, line 8 through Page 23, line 9; and "F."

E. Maryam's Marriage to Amir Was Never Dissolved.

To establish that a party's earlier marriage was never dissolved, the party must present evidence negating every possible means by which the earlier marriage could have been dissolved; in other words, the party must negate that the earlier marriage was not dissolved by death, divorce, or annulment. 26 (1) Maryam's Marriage to Amir Was Not Dissolved by Death.

To prove that an earlier marriage was not dissolved by death of a spouse, the party must present evidence that the spouse was alive at the time of the most recent marriage. 27 In this case, Amir is currently alive. Thus, Maryam's marriage to Amir was not dissolved by the death of Amir.

Texas Employers' Ins. v. Gomez, 313 S.W.2d 956, 958 (Tex. App.-Eastland 1958, writ refd n.r.e.; see Nguyen v. Nguyen, 355 S.W.3d 82, 89-90 (Tex. App.-Houston [1st Dist.] 2011, pet. denied).

27 Id

Page -7 Page 7 of 131 (2) Maryam's Marriage to Amir Was Not Dissolved by Divorce or Annulment.

To prove that an earlier marriage was not dissolved by divorce or annulment, the party must present evidence that he searched every jurisdiction where the parties to the earlier marriage might reasonably have pursued a divorce or annulment. 28 The only states where Maryam and Amir could have lived together since their marriage in December 2009, are Texas and California. See Exhibit "B," p. 84, lines 5-8 and Page 146, lines 18-20 (wherein Maryam states "we lived together in Plano" and when answering whether she lived in California she said "I did, yes."). Roger consulted with a private investigator to research and investigated the surrounding circumstances of Maryam and Amir's marriage and confirmed that the only places where the Maryam and Amir resided was Texas and California.

Roger searched in both jurisdictions for any dissolution proceedings for Maryam and Amir between the date of their marriage, December 12, 2009, and the date of Roger and Maryam's wedding, July 28, 2012. Such search yielded no dissolution proceedings on file in either state.

See Exhibit "A." Furthermore, Maryam already testified at her deposition that neither she nor Amir sought a divorce or annulment of the marriage. See Exhibit B, page 84, lines 21-25. Thus, in conjunction with Maryam' s testimony, Roger has made the reasonable efforts necessary under the law to prove that Maryam' s marriage to Amir was not dissolved by divorce or annulment.

(3) Roger had no knowledge of the Prior Marriage when he Married Maryam Roger did not find out, until after he filed a divorce action, that Maryam had previously been married, much less that she was still married at the time that they married in 2012. See Exhibit A.

v. RESPONSE TO TRADITIONAL MOTION FOR SUMMARY JUDGMENT Maryam challenges Roger's action to void the marriage on the grounds that, unknown to Roger, Maryam was already married when Roger and Maryam married.

A. Authority/Standard of Review.

Davis v. Davis, 521 S.W.2d 603, 605 (Tex. 1975) (finding it not necessary to prove the nonexistence of divorce in every jurisdiction where the parties could have been married, the burden only requires a search of those jurisdictions where a party "might reasonably have been expected to have pursued [a divorce]."); Caruso v. Lucius, 448 S.W.2d 711, 715 (Tex. App.-Austin 1969, writ refd n.r.e.) (civil registry certificates from every county where Husband had lived proved earlier marriage was not dissolved by divorce or annulment.); Hovious, 2-04-169-CV, 2005 WL 555219 at *8 (Tex. App.-Fort Worth Mar. 10, 2005, pet. denied) (record search in all possible jurisdictions of residency yielded no divorce decree); In re A.M, 418 S.W.3d 830, 842 (Tex. App.-Dallas 2013, no pet.); Jordan v. Jordan, 938 S.W.2d 177, 179 (Tex. App.-Houston [1st Dist.] 1997, no writ).

Page- 8 Page 8 of 131 The purpose of the summary judgment procedure is to permit the trial court to promptl y dispose of cases that involve unmeritorious claims or untenab le defenses.29 Summary judgment is proper only if the movant can show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. 30 When evaluating a motion for summary judgment based on summary judgment proof, the trial court must assume all the nonmovant's proof is true, indulge every reasonable inference in favor of the nonm ovant, and resolve all doubts about the existence of a genuine issue of a material fact against the movant. 31 The nonmovant does not have to marshal its proof; it only has to point out ev idence that raises a fact issue on the challenged e lements. 32 Argument.

Petitioner, tluough the summary judgment evidence offered by Petitioner, set fo rth herein above in this Response to No Evidence Motion for Summary Judgment that is fully incorporated into this Response to Motion for Summary Judgment, has without a doubt created a general issue of material fact issue as to whether or not Maryam was married to Amir at the time that she married Roger, unknown to Roger. Maryam writes in her affidavit, attached to her Motion for Summary Judgment, that she was not ever married to Amir. Roger prov ided summary judgment evidence from third party w itnesses, photographs, and the transcript of the Persian wedding ceremony that prove that Maryam did marry Amir in December, 2009 in a ceremony, or, in the alternative, tluough informal maiTiage, and the marriage never ended .

VI.

PRAYER

Roger respectfully requests that the Court deny Maryam 's Motion for Summary Judgment for the following reasons. The no evidence motion for summary judgment should be denied because Roger has offered more than a scintilla of evidence on each of the elements he has the burden to prove. The traditional motion for summary judgment should be denied because the summary judgment evidence creates a material disputed fact, which is whether or not Maryam was married to Amir at the time she married Roger.

Respectfully submitted,

:z:RE~ ~'"<- State Bar No. 02430500 Karen B. Turner, PLLC City of Houston v. Clear Creek Basin A uth., 589 S. W.2d 671, 678 n.5 (Tex. l979).

Tex. R. Civ. P. 166a(c).

M.D. Anderson Hasp. v. Willrich, 28 S.W.3d 22,23 (Tex. 2000). .John v. Brewer & Pritchard, P.C., 73 S. W.3d 193 , 207 (Tex. 2002).

Page - 9 Page 9 of 131 10 Rawlins Street, Suite 1230 Dallas, Texas 7521 9 Telephone: (2 14) 780-0646 Fax: (2 14) 780-0649 [email protected] -and- Bradford Nace State Bar No. 24007726 E-ma il : [email protected] Nace & Motley, LLC Crescent Court, 7th Floor Dallas, Texas 75201 (2 14) 459-8289 (21 4) 242-4333 Fax Attorneys for Roger Arash Farahmand CERTIFICATE OF SERVICE I certify that on October d -'1 , 20 14, a true copy of the above was hand delivered to on all attorneys of record in accordance with Rule 21 a of the Texas Rules of Civil Procedure.

Karen B. Turner Attorney for Petitioner

Page - 10 Page 10 of 131 THIS DOCUMENT CONTAINS SENSITIVE llATA.

NO. 417-56531-2013 A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGER ARASH FARAHMAND § AND § 417Tu JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § A CHILD § COLLIN COUNTY, TEXAS ROGER ARASH FARAHMAND'S SUPPORTING AFFII>AVIT ROGER ARASH FARAHMAND appeared in person before me today and stated under oath: "My name is ROGER ARASH FARAHMAND. I am competent to make this affidavit in that I have never been convicted of a felony and I am over the age of eighteen years. The facts stated in this allidavit arc within my personal knowledge and arc true and correct. I am the Petitioner in this case.

··Amir Baghcrkalantari (herein after "Amir") rt.!sidcs in California. attends University of Southern California and is in the school of Engineering program obtaining his Master's Degree.

I lc has been listed on both tht.! 2013 and 210-t Dean's List posted on the schoors website and is an active smdcnt listed in the school's studt.•nt directory for the Fall 2014 semester. Amir had an internship with Maxim Integrated and currently is a student worker. Amir resides in California.

It is my understanding. based upon rcscan:h. that Amir Baghcrkalantari is not deceased.

Ku~'\:1 1\ra.'ll• l.tr.sluuJrlll • :lul'111.lfllll~ .'\llul.!\11 l'a~c I

if EXHIBIT Page 11 of 131 l A ··1 have rcsl.'archcd. and I haw had other research on my behalf. possible divorces in Texas and in Calil(>rniu and lind no divorc~o.· h!!twccn Amir and Maryam. which is consistent with Maryam·s deposition testimony thut thl.'y lmvc neither lilcd tt.)r divorce or annulment.

··Not until alter I filed for divorce from Maryum diu I ever learn that she had previously married .

.. Exhibit D is a copy of the original marriage license now in my possession. Mahnaz Keyuni. whose deposition excerpts arc in Exhibit E provided me the original marriage license. which had been len with her.

"Exhibit C is a transcript of the wedding video that was taken on December 12. 2009. am in possession of a copy of th~ video recording made during the ceremony. The transcript accurately reflects the audio version of the video recording. The transcript reflects the marriage ceremony of Amir Bughcrkalantari and Maryam that was conducted by Dr. Alsru1 Ghaflari. referenced in Dr. Alsan GhaiTuri's testimony and written discovery.

"I recognize the hand wriling und signature of Maryam Farahmand in the application she completed. which is a pan of Exhibit G.

Affiant says nothing further.

Kot."Cr Ara.•h lar~hm.Jnd•) SupJ!t.lllln~ MlioiJ\11 l'ai"<"!

Page 12 of 131 State of Texas

County of Collin

J &a SIGNED under oath before me on Octoba:~2014 , jj,{;,Z,&,~·.; PAOlA Notary A.Slate PutlUc. TOIIRfS Ol fexaa .,., Cornmllllon bpllea ~r£.-:)1g Jutv aa, 2011 -~~....~..:..~-=-~~;;::;.........:::;_ _ _ _ __ Notary ublic. tate of Texas

Page 13 of 131 MARYAM FARAHMAND March 4, 2014

NO. 401-56531-2013 IN THE MATTER OF * IN THE 401ST THE MARRIAGE OF * * ROGER ARASH FARAHMAND * AND * JUDICIAL DISTRICT COURT MARYAM FARAHMAND * * AND IN THE INTEREST OF * * A MINOR CHILD * COLLIN COUNTY, TEXAS ********************************************************* ORAL AND VIDEOTAPED DEPOSITION OF MARYAM FARAHMAND Taken for the Petitioner March 4, 2014 ********************************************************* . i ORAL AND VIDEOTAPED DEPOSITION OF MARYAM FARAHMAND, ·:.~: produced as a witness at the instance of the Petitioner, and duly sworn, was taken in the above-styled and numbered cause on March 4, 2014, from 9:12 a.m. to 2:01 p.m., before Pennie Futrell, CSR in and for the State of Texas, reported by machine shorthand, at the Law Offices of Richard J. Corbitt, P.C., 6440 N. Central Expressway, Suite 700, Dallas, Texas 75206, pursuant to the Texas Rules of Civil Procedure and the provisions stated on the record or attached hereto.

CSI GLOBAL DEPOSITION SERVICES 972-719-5000 EXHIBIT Page 14 of 131 B MARYAM FARAHMAND March 4, 2014 .~

1 APPEARANCES FOR THE PETITIONER: 3 Mr. Bradford Nace NACE & MOTLEY, LLP 4 100 Crescent Court 7th Floor 5 Dallas, Texas 75201 Telephone: 214.459.8289 6 Facsimile: 214.242.4333 E-mail: [email protected] FOR THE RESPONDENT: 9 Mr. Richard J. Corbitt LAW OFFICE OF RICHARD J. CORBITT, P.C.

10 6440 N. Central Expressway Suite 402 11 Dallas, Texas 75206 Telephone: 214.744.1234 :~, 12 Facsimile: 214.754.0515 E-mail: [email protected] ALSO PRESENT: 15 Mr. Randy Johnson - Videographer Mr. Roger Farahmand

CSI GLOBAL DEPOSITION SERVICES 972-719-5000 Page 15 of 131 MARYAM FARAHMAND March 4, 2014

1 other hospitalizations.

2 Is there any reason for that?

3 A. I don't believe I have a hard time. I'm telling you what I remember.

5 Q. With regard to Amir ...

6 (Exhibit 3 marked.)

7 Q. (By Mr. Nace) I'm going to hand you what we'll mark as Exhibit 3.

9 Can you identify that document for the record?

11 A. It says marriage license.

12 Q. Who is that marriage license between?

13 A. Amir and me. 14 Q. And when was that issued?

15 A. It says that it was issued on the 4th day of December, 2009.

17 Q. At 3:28p.m., correct?

18 A. Yes.

19 Q. Have you ever seen this marriage license before?

21 MR. CORBITT: Objection, form.

22 Q. (By Mr. Nace) You may answer my question.

23 A. This is a copy.

24 Q. Have you seen it before, ma'am, was my question.

CSI GLOBAL DEPOSITION SERVICES 972-719-5000 Page 16 of 131 ') .) ) IOI(UIJ ============-~=-=== Section 2. 204 of tfi,· 'Fami{y Coae 'MarriatJe License '11iis license cannot 6e used prior to: .=-. ·-·.- :..:-.::- - .. ~=-=-- -~-- 12/07/2009 3."28 qX]vf Jl!Jvf I Q{ (JJ}t g1PEtJ1J(}fL}l!J.fl)f f/?..1 Section 2.201 of tlie 'family Cotfe an4 9;tust 6e usea 6efore: 01/04/2010 94}1 ~fl{Jl9rJ lP)f. (j{'J/JZ 'l(J{l'/fl'Vf Section 2.202 of tlie Pamify Code §room (]>ersons authorized- to conauct ceremony.

IJssued tfie 4tli da_'f of q)eam6er 2009 'Birtliiay_: 07/05/1981 at 3:28~ Pface oJ ':Birth: %/iran, l~}f!N Printed material di)tributed as required by Stacep-'ffmp, 9-fntJrFJerf( of Section 2.009 the! Pa1nitj Code. ~y~~ r&tt;rned ana Pifeafor . . . . . 'Bride 'Birtfiiay: 11/27/1980 'Recon{ th.e ~- __.__ lay P(ace oJ 'Birth: <T'efiran J(jijl:J( of . .--···-· ·• ... ·-. . .. . ---- 1 Stacey Xf,mp, c·ounty Clerl(_ 'By -· -... ···-- --- 'Deyuty 'Return License tTo ----- .. ·-·· ·--· !M}1(/{tY}l!M fl':}H1{.1JI Z 1(JPY/VVI 15025 rp.JL~CCY/l£ (J)tlt t'JUCJfJ1(Jt(j)S011, fl:X 75080 ' EXHIBIT Page 17 of 131 f--3 Hi {V\p._y \\" ~ """ 'I .;: .• •' ·j I !

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W itness my-Au.ndthiA ___.1:L.1L_ ,£~. rj'2J.e.c.£..rnbt!L- .f?(}£)9_.

cf/. fJh1fon'e S•~'"""'" ol Y<r<Ou po:rl".:nrun~ t"'""'"""'l AS LAN:-,~o-~~~~,Uf:_5,.~, .,r ;-,...., :--•'"m'"Y ,,.,•..., ••.

.:)j;;;.,na#tJ;x-!Jf.AJ'•md/.if~ ____La II; o. ?§r-un(! 1(33 f,'pJ..,o,:J- f l. Carrofffo,., , Texes -

Page 18 of 131 MARY AM FARAHMAND March 4, 2014 ~

1 A. No.

3 Q. What is a sofreh, spelled S-0-F-R-E-H?

4 A. It's something you put on the floor, you lay on the floor and you put items on. It's a cloth or something you put on the floor you put items on.

7 Q. For what purpose?

8 A. Sofreh can be laid out for the New Year's, for food and for engagement parties.

10 Q. Or for weddings?

11 A. No. 12 Q. Your sworn testimony is it would not be .~ something utilized for weddings or wedding ceremonies?

14 A. Not necessarily for a wedding.

15 Q. Well, before you said no and now you say not necessarily for a wedding.

17 A. No. 18 Q. So which is it?

19 A. No, it can be -- not for weddings. It's for an engagement.

21 (Exhibit 7 marked.)

22 Q. (By Mr. Nace) All right. So -- and that Exhibit Number 7 is what we're talking about right now with regard to a sofreh, correct?

25 A. There's a sofreh, yes. ~

CSI GLOBAL DEPOSITION SERVICES 972-719-5000 Page 19 of 131 EXHIBIT

Page 20 of 131 MARYAM FARAHMAND March 4, 2014

1 engagement party.

2 Dr. Ghaffari -- when was the last time you talked to Dr. Ghaffari?

4 A. It's been a very long time.

5 Q. When was the last time you spoke with him, ma'am?

7 A. Oh, let's see, I -- the last I saw him was at our reception with Roger.

9 Q. Okay. When was the last time you talked to him?

11 A. January 19th. .As far as I can remember, it was January 19th -- 13 Q. Of what year? -~ 14 A. of 2012.

15 Q. What -- 16 A. Or so -- two thou- -- I'm so sorry, 2013.

17 Q. And what did you talk to him on January 13th (sic) of two I'm sorry, two thou- -- 2012 or 2013? 19 A. 2013.

20 Q. What did you talk to Dr. Ghaffari about that particular day?

22 A. He congratulated me and Roger on getting married.

24 Q. With regard to December 12, 2009, did you exchange wedding vows on that particular day? ~.

CSI GLOBAL DEPOSITION SERVICES 972-719-5000 Page 21 of 131 MARYAM FARAHMAND March 4, 2014

1 A. Wedding vows, no. 2 Q. Did you receive any gifts on or before December 12, 2009?

4 A. From whom?

5 MR. NACE: Objection, nonresponsive.

6 Q. (By Mr. Nace} Did you receive any gifts on or before your ceremony on December 12th, 2009?

8 A. I received gifts.

9 Q. Roughly how many gifts do you believe you received on December 12th, 2009?

11 A. I received a couple of gifts. I don't remember the actual number.

13 Q. Two?

14 A. No. 15 Q. More?

16 A. Yes.

17 (Exhibit 9 marked.)

18 Q. (By Mr. Nace) I'm going to hand you what's been marked as Exhibit Number 9.

20 Can you identify that?

21 A. Yes.

22 Q. That is a picture of you wearing a veil, correct?

24 A. Yes.

25 Q. Do you have any evidence to support your

CSI GLOBAL DEPOSITION SERVICES 972-719-5000 Page 22 of 131 Page 23 of 131 MARYAM FARAHMAND March 4, 2014 ~

1 you about having spoken with the photographer?

2 A. No, he hasn't talked to me. 3 Q. And you reside with your parents, correct?

4 A. Yes.

5 Q. Well, you -- you certainly didn't return the ring or rings to Amir, correct?

7 A. From what I remember I'm thinking about it right now -- I lost the ring. I don't -- 9 Q. Did you make an insurance claim?

10 A. -- have it. No. 11 Q. How many rings did you receive from Amir on December 12th, 2009? ~\ 13 A. One.

14 Q. Did you give Amir a ring on December 12, 2009?

15 A. Yes.

16 Q. Did you-all exchange vows on that particular date?

18 A. No. 19 Q. So if the video shows that you-all were exchanging vows, would your testimony be false today?

21 A. What are vows? You're talking about wedding vows? It was an engagement party.

23 MR. NACE: Objection, nonresponsive to this witness' continuation of being nonresponsive.

25 Q. (By Mr. Nace) Did you exchange marital vows on ~:

CSI GLOBAL DEPOSITION SERVICES 972-719-5000 Page 24 of 131 MARYAM FARAHMAND March 4, 2014

1 December 12th, 2009, yes or no?

2 A. To my knowledge, what a vow is, no. 3 Q. Do you understand what a marital vow is?

4 A. Yes.

5 Q. Where did you reside with Amir during your rough one-year marriage?

7 MR. CORBITT: Objection, form.

8 THE WITNESS: We lived together in Plano.

9 Q. (By Mr. Nace) Give me the addresses of each place you resided.

11 A. I don't remember what the address is.

12 Q. Will you be able to locate where you-all resided for each address you maintained with Amir?

14 A. Yes.

15 Q. Let's go ahead and put in a blank in the transcript, and will you agree to obtain the address for each place you resided with Amir during your approximate one-year relationship?

19 A. Yes.

21 Q. Did either you or Amir ever file for divorce?

22 A. No. 23 Q. Did either you or Amir ever file for an annulment?

25 A. No.

CSI GLOBAL DEPOSITION SERVICES 972-719-5000 Page 25 of 131 MARYAM FARAHMAND March 4, 2014

1 Q. Have you ever passed out anywhere on the floor in your life?

3 A. Not to my recollection, no, I haven't.

4 Q. Not to your recollection.

5 Who is Maryam Watson?

6 A. I'm sorry, would you say it one -- what's the name?

8 Q. Miriam Watson, Ph.D., who is that?

9 A. I don't know.

10 Q. Who is Dr. Pole, M.D.?

11 A. Dr. Pole is the treating psychi- -- 12 psychiatrist at the Seay Center.

13 Q. Who is Dr. Hardin?

14 A. I don't know.

15 Q. Do you recall an address at 21200 Kittridge 16 Street in Woodland Hills, California?

17 A. No. 18 Q. Did you ever reside in Woodland Hills, 19 California?

20 A. I did, yes.

21 Q. Do you recall ever living on a street called 22 Kittridge Street?

23 A. I don't remember what the name of the street 24 was.

25 Q. Who would you have resided with in Woodland

CSI GLOBAL DEPOSITION SERVICES 972-719-5000 Page 26 of 131 MARYAM FARAHMAND March 4, 2014

1 A. Uh-huh. ------------------------------------------- 3 Q. You -- did you also reside at the Legacy Center with Mr. -- with Amir?

5 A. Where is the Legacy Center?

6 Q. Well, I'm not asking you location, I'm just asking you if you resided together at Legacy Center.

8 A. I don't know what the Legacy Center is.

9 Q. I'm not asking that question.

10 Better put, while here in Texas, you tell me everywhere you resided with Amir.

12 A. It was in Plano.

13 Q. What's the specific addresses in Plano?

14 A. I don't remember what the specific address was.

15 Q. Did you-all lease apartments in Plano?

16 A. We were living together in Plano. Yes, it was a leased apartment.

18 Q. How many apartments do you recall today that you and Amir leased during your relationship?

20 A. Only one.

21 Q. And what was the specific location where only one apartment existed between the two of you?

23 A. I don't remember the exact address.

24 Q. Tell me the cross streets.

25 A. It was on -- what's that road, Parkwood -- it ~.

CSI GLOBAL DEPOSITION SERVICES 972-719-5000 Page 27 of 131 I . ! ..

MARYAM FARAHMAND •i ~ .

March 4, 2014 . .. . I •

I, MARYAM FARAHMAND, have read the foregoi~g :· '• .·[ ·.::·[. deposi ion and hereby affix my signature. ttlat ~a~ei:i~ :. H . ' !• •

true a d correct, except as noted above. ~· . ! ·... ; .. : . :: d;.:

STATE ;}~ i r 0~~ '·

ore me, {,.., lly appe:ed ) k,.M.S,...:,-{k_ , on thi~ ~* ~AM F~ND, known to m~- idf I ~· :

·:;_;,;· ·t proved to me under oath or through _ _ _. . . . ,. ._ _ _ _ _ _ _ ) to be the person whose .:r; :; ··.; ·:' n~~e i~'- ~,-~ ~:- • tt .,. ·'

subscr ·bed to the foregoing instrument and, acknowl~~$e~ · I" f ; i;· ~ . t . to me they executed the same for the I?Urpos~s -~nd;· ·; I, ' '• ration therein expressed. . i. i J,_ .. ,i Gi and seal of office this. Zt'r; :; day ~~~---' ZDlJ( r--..- ::t: - - 1 :-:~:j.'Lii \ . . ~~·

.lOSE A. SMIJH Notary Public, State of Te:~eas My Commission Expires · Jury 25, 2017 . ' ; . ~ i-~ ;.

·l; :' . . : 1, li ·~ I .; f~ . ·. r !I f .. ;, . : . . -l; :· ·~ : . I. , .; i ; ;. :. ~ i ;. "f I ;

CSI GLOBAL DEPOSmON SERVICES ... !! .··i .: 972-719-5000 . . .• l > ·j: ~ ( :: Page 28 of 131 MARYAM FARAHMAND I March 4, 2014 I !I I i NO. 401-56531-2013 IN THE MATTER OF * IN THE 401ST : ' l!

THE MAFRIAGE OF * ROGER 'P. RASH FARAHMAND * * AND * · JUDICIAL DISTRICT COURt MARYAM FARAHMAND * * AND IN jTHE INTEREST OF * * A MINO~ I CHILD * COLLIN COUNTY, TEXAS I ;.

REPORTER'S CERTIFICATION DEPOSITION OF MARYAM FARAHMAND MARCH 4, 2014 I, Pennie Futrell, Certified Shorthand Reporter ~n ·· ;i and fot the State of Texas, hereby certify to the:. ; .. :: following: Tha t the witness, MARYAM FARAHMAND, was duly 1 SWOJtn i! j

by the officer and that the transcript of the oral -~ deposition is a true record of the testimony given by the witness; Th~t the deposition transcript was submitted on . !: M... lvf.c~~ 7 , 2014 to the witness or to :the~ i1 attorney for the witness for examination, signature ~nd ;~ ~ .: return to me by _tv\~A£c.b_,;..z;;;;;_,;.,_ __ 5~l---' 2014; I I

That the amount of time used by each p~rty at, the deposition is as follows: ., Mr.l Richard Corbitt 0 hours 00 minute~ :• 'l minute~ . ;. . :• Mr. Bradford Nace 4 hours j

I That pursuant to information given to the deposi t1iO·rH ; 1,: i · I' i 0 !' ; !

CSI GLOBAL DEPOSITION SERVICES 972-719-5000 j· IL Page 29 of 131 1 r i: ,; u.

MARYAMFARAHMAND March 4, 2014

office at the time said testimony was taken, the . • :: ,. follow ng includes counsel for all parties of reqordjI ll !..~ Mr ~ Bradford Nace, Attorney for Petitioner :· Mr J Richard Corbitt, Attorney for Respondent I .

I J urther certify that I am neither co~nsel for, i relatel to, nor employed by any of the parties or . attorn ys in the action in which this proceeditig was : ... I

taken, and further that I am not financially or ., otherw~ se interested in the outcome of the action.

Furlther certification requirements pursuant to R~ le ~~ of the Texas Rules of Civil Procedure will be certif~ed to after they have occurred.

Ce tif i ed to by me this 7th day of March, ·: ;; 2014.

SR No. Expiration Date : · 12/31/15 : · I

Firm Registration No. 526 ; Corporate Plaza l, Suite 152 · 4950 N. O'Connor. Road Irving, Texas 75062 972.7 19.5000 972.717.3985 (fax) :·

FURTHER CERTIF ICATION UNDER RULE 203 TRCP ·' ,. . l .

Th original deposition was/was not returned to tihe ::· --- I ; .. deposi officer on b'¥1 \ \D 1]..p I~ ·~~

CSI GLOBAL DEPOSITION SERVICES ,!

972-719-5000 '!

I Page 30 of 131 I j'' H MARYAM FARAHMAND March 4, 2014

• 1 If ~eturned, the attached Changes and Signature p4ge .~ contain~ any changes and the reasons therefor. i j

i •

..

3 If ~eturned, the original deposition was deiivere4 •t . i I;· to Mr. Bradford Nace, Custodial Attorney; J . !: i : :i· 5 d-b__......~\~..::lp....._,..l..a.O""----- is the deposition That $_..... offic~r !~~ i .· ....

6 charges to the Petitioner for preparing tha·origin~l deposit~on transcript and any copies of exhibits; , :: 8 Tha~ the deposition was delivered in accordance w~th :~ Rule 20~.3, and that a copy of this certificate was.

10 served pn all parties shown herein and filed with the 1.

11 Clerk.

12 Cer~ified to by me this l0 day of .J\vt\~ '· i;•i

• 13 2014 .

-. . .- J~L. BI. .!A!I!I .IA. -•;~r:! I!>MI r! !lil f!jd~-~A~ -•'~J ~.~ - - T ' 16 ..

PENNIE FUTRELL, CSR No. :4108. ' :· 17 Expiration Date: 12/31/il.S ; :; Firm Registration 'No. 526 · ; · =!

18 Corporate Plaza I, Suiie; 15~ 4950 N. O'Connor Road t 19 Irving, Texas 75062 972.719.5000 20 972.717.3985 (fax)

• CSI GLOBAL DEPOSITION SERVICES 972-719-5000 I.

Page 31 of 131 ,.

Filed: 6/13/2014 2:39:03 PM RAF-3RRFP.06.27.14 -001835 Andreas. Thompson District Clerk Collin County, Texas By Angela Alexander Deputy THIS DOCUMENT CONTAINS SENSITIVE INFORMATIOM.velope ID: 1537545

NO. 401-56531-2013 A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGER ARASH FARAHMAND § AND § MARYAMFARAHMAND § 401ST JUDICIAL DISTRICT § AND IN THE INTEREST OF § § , § A MINOR CHILD § COLLIN COUNTY, TEXAS FOREIGN LANGUAGE TRANSLATION AND AFFIDAVIT To: MARYAM FARAHMAND (hereinafter referred to as "Respondent"), by and tlu·ough her attorneys of record, Robert S. Widner, The Widner Family Group, PLLC, 2911 Turtle Creek Blvd., Suite 405, Dallas, TX 75219, [email protected]; and Dawn M. Grams Horak, Dawn M. Grams P.C., P.O. Box 924, Grapevine, Texas 76099, [email protected].

Petitioner, Roger Arash Farahmand, hereby submits an English translation, together with an affidavit certifying that the translation is fair and accurate a copy of which is attached hereto as Exhibit A and incorporated herein as if recited verbatim, of the Farsi portions of the video placed into evidence as "Petitioner's Exhibit 2" at the March 10, 2014, hearing before this Court.

These records will be offered in evidence on the trial of the captioned cause pursuant to Rule 1009(a) of the TEXAS RULES OF EVIDENCE.

EXHIBIT c Page 1 of 11 r orcig n Language Translation and Af!idavit - Video Page 32 of 131 RAF-3RRFP.06.27.14 -001836

Respectfully submitted, Is/ Rebecca Tillery IKE VANDEN EYKEL State Bar No. 20485500 E-mail: [email protected] REBECCA TILLERY State Bar No. 24060729 E-mail: [email protected] KOONS FULLER A Professional Corporation 1717 McKinney A venue, Suite 15 00 Dallas, Texas 75202 (214) 871-2727 (214) 871-0196 Fax -and- Bradfo'rd Nace State Bar No. 24007726 E-mail: [email protected] Nace & Motley, LLC Crescent Court, 7th Floor Dallas, Texas 75201 (214) 459-8289 (214) 242-4333 Fax Attorneys for Roger Arash Farahmand

Page 2 of 11 Foreign Language Translation and Affidavit- Video Page 33 of 131 RAF-3RRFP.06.27.14 -001837

CERTIFICATE OF SERVICE I certify that on June 13, 2014, a true copy of the above was e-served on attorneys of record by transmitting a copy to the EFSP during e-filing for transmission to the designated email address or by other means set forth in accordance with Rule 21 a of the Texas Rules of Civil Procedure: RobertS. Widner The Widner Family Law Group, PLLC 2911 Turtle Creek Blvd., Suite 405 Dallas, Texas 75219 [email protected] 972.692.8951 (fax) Dawn M. Grams Horak DawnM. Grams, P.C.

P. 0. Box 924 Grapevine, Texas 7 6099 [email protected] 214-572-6893 (fax) Diana L. Porter Diana L. Porter, P.C.

103 E. Virginia Street, Suite 20 1 McKinney, Texas 75069 [email protected] 972-548-2349 (fax)

Is/ Rebecca Tillery REBECCA TILLERY Attorney for Petitioner

Page 3 of 11 Foreign Language Translation and Affidavit- Video Page 34 of 131 INTERLINGUA USA Translations- Interpretations- Private & Gr oup Classes 6801 Addison Road, Suite 110 ·Addison, Texas 75001 Pho ne: 972 818 3455 ·Fax: 972 818 3 742 rosa@ inter linguausa.co m · www.i nterlinguausa.com

STATE OF TEXAS ) ) COUNTY OF DALLAS ) CERTIFICATION certify that to the best of my knowledge and belief the foregoing is a true and correct rendition into English of the original document in Farsi and that the translator is proficient in both languages. Our File number is TR16825_Petitioner's_Exhibit_2_Cause_No._401-56531- l 0/IM 0 M _F arahmand _English Translation.

STATE Of TEXAS ) ) COUNTY OF DALLAS ) Before me, the undersigned, a N otary Public, on this day personally appeared, Joe Hedderich, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed.

GTVEN UNDER MY HAND AND SEAL OF OFFICE This~ Rosa em dez Notary Public My Commission expires 11125/2016

Disclosure: We don't agree or disagree with the contents or this document; we are just providing translation service. Page 4 of 11 Page 35 of 131 RAF-3RRFP.06.27.14 -001839

14:43 (Conductor) With the Name of Allah Most Gracious Most Merciful Praise the Lord that the foundations are laid on the continuity of the roots of conjugal affection and attachment to the headband based Marriage was based on.

Combining family and lives life to the fertile with smiling child who brings happiness and warmth.

Endless greeting to the prophets and servants which encouraged this essential traditions.

Mostly, with endless greeting to our most beloved Prophet, which he declared marriage as one of his traditions Ms. Maryam Parvfz, will you appoint me as your agent and proxy to marry you to Mr. Amir Bagher Kalantary with marriage- portion of one volume of the Holy Book of Quran, with intention of fourteen Saints, fourteen steam of golden flower. Will you give me the power of attorney to marry you?

16:32 Bride is out to pick some flower. (Laughing) 16:40 (Conductor) My dear Maryam, Ms. Maryam, Are ready to give me the power of attorney to marry you to Mr. Amir Bagher Kalantary, with mentioned marriage-portion.

Are you ready and willing to be with each other for better and worse, for richer or poorer, in sickness and in health?

17:00 The bride is out to get rose water

(Conductor) Ms. Maryam, Are ready to give me the power of attorney to marry you to Mr. Amir Bagher J<alantary, with mentioned marriage-portion.

Are you ready and willing to be with each other for better and worse, for richer or poorer, in sickness and in health?

Page 5 of 11 Page 36 of 131 RAF-3RRFP.06.27.14 -001840

18:03 (Wife) With my mother and my father permission. yes I do

18:11 (Conductor) Okay Sir. will you give me your power of attorney to ......... .

18:26 (Husband) With my mother and my father permission and rest of elders, yes I do

18:48 (Conductor} Reading in Arabic At this time I am pronouncing you legal Husband and wife. I am hoping during your lifetime you always be Happy/ joyful1 blissful and I am hopping you always have a fulfill of happiness and prosperity in your family.

19:53 Joyful cheer 19:56 Give me a moment....

20:00 I like to read a poem.

20:01 Please1 go head 20:03 Please allow me to read a poem from Hafez. Book of Hafez is like Quran to us.

This is Islamic Tradition This old poem from Hafez is a very beauteous for this moment.

Page 6 of 11 Page 37 of 131 RAF-3RRFP.06.27. 14 -001841

It says: 1- When, in prayer, to me recollection of the curve of Thy eye-brow-came. (Over me such) a state passed that, into lament, the prayer-arch-came.

2- Clear, became wine; and intoxicated, became the birds of the sward: The season of being a lover; and to foundation, the work- came.

3- From the world's quarter, I perceive welfare's perfume: Gladness, the rose brought; and joyous the morning breeze-came.

4- The flowery heart-allurers (the rose, the hyacinth, the sweet basil) all put on jewels (of flowers): Our heart-ravisher, who is with beauty God-given-came.

22:14 From mother of Maryam for Maryam and Amir Cheering and clapping.

22:48 From relatives of our beloved Shamssi.

Cheering and clapping.

31:30 End of the first part

31:31 Music and clapping

34:55 Music, dancing and guests singing cherish songs with pre-recorded music.

Page 7 of 11 Page 38 of 131 .. ;

RAF-3RRFP.06.27.14 -001842

1:12:20 We have the maid of honor here; it is her sister, with the knife to give to bride and groom.

Amir Khan, I am telling you, the best way to get the knife is CASH, cold hard cash.

Amir, are you listening?( .•.. Everybody talking to each other ... ) You try to be handsome but I don't know if it will work.

1:25:56 One two three, eyes on me. Hi, Hi, I am Mahsa and I hope everyone have a great night. I just want to say congratulation to dear Maryam and dear Amir. I honestly could not ask a sister better than you.

Beautifully, you always have been for me through thick and thin. I love you so much. And we fight a lot and I took your cloth but, I mean this is what sister does a lot. I mean, I still could borrow your cloth. So . . . . Right? {Woman's voice) you can borrow the wedding dress .... What? ...... I can borrow the wedding dress? ..... It would be awesome. I am just joking, but honestly, I wish you guy the best in life, happy healthy marriage and .... (Man's voice) thank you every body for coming.•... (Maha's voice) .•...Thank all of you for coming .•..... I don't know what to say•...• I am speechless...• I am .. . . Because this is the biggest night of my life ...... not really .... .it is one of the biggest night of her life I But. ... you know ... that's awesome ... Come here ....• Clapping ...... .

1:27:55 I would like to thanks you all my dear friends, which traveled from near and far away to attend this festivity.

Tonight, As you know, we are celebrating the marriage of my daughter my dear Maryam, and dear Amir.

Unfortunately, Amir's families are in Iran and they could not attend. At this moment I would like to say hello to them and I hoping to meet them soon and be all together in their wedding.

On behalf of myself and my family, I would like to congratulate to this union and may always be in peace, healthy and being stable.

Thank you and thankful for coming At the end, I would like to read a vesicle from Hafez:

The star gleamed; and the moon of assembly-became Of our affrighted heart, the consoler and comforter--became

Page 8 of 11 Page 39 of 131 RAF-3RRFP.06.27.14 -001843

1:32:43 Hello, Shalom, congratulation to you both, you and Amir. You make a beautiful couple. I just wanted to kind of say since I have known you for quite a while, since you started your PHD, a long time ago, and I helped you a little bit in that lab to get started, that, I think that you are beautiful and intelligent young lady, and I wish you and Amir the most happiest of times, the greatest of time and a wonderful, loving marriage. You've accomplished some of the greatest things that anybody could accomplish. A patted and now you are starting your family, your life and I wish you the very best and keep up with me, with the Zenotch staff. UTS not UT. This fall down. So give me a call. Call me.

1:33:25 Maryam and Amir, congratulation I Best wishes in the future and beautiful wedding, beautiful party.

Congratulation.

1:33:30 And your dress was amazing, good choice on that one.

1:33:34 Yes. Great dress and great shoes. Love the shoes.

1:33:37 Love you, congratulations Amir. It was nice to meet you Sir.

1:33:48 Okay Maryam ..... Guess what time it is? ....... it is flip time!

Okay so I hope you have an awesome wedding and I know you did because I was there. And yeah, we are going to go home and we are gonna totally get waste face, again because I have more alchyl And I love you I love Amir and I love everyone. Best of luck.

Guy: Congratulations Girl: Say something in Farsi

Page 9 of 11 Page 40 of 131 .~

RAF-3RRFP.06.27.14 -001844

Guy: I don't know that.

Girl: Didn't I teach you well?

Guy: No Girl: What the douche. I am just kidding. Okay? Love youl

1:34:42 Dear Maryam and dear Amir (...••.. ) wishing you good luck. God willing you would have luck. Have a durable life with lots of energetic babies like this one I Together be sustainable.

1:34:50 I also congratulate, I wish you many years of happiness and success and get old together.

1:35:22 Dear Maryam and dear Amir, wishing you lots of luck. And get old together. Dear Maryam, as you know I always loved you like my own nice. We are having such a good time in your wedding. Everything I did for ( ....... ) wedding, I am doing it for you too. I hope you would celebrate your wedding anniversaries and like you, your little kids call me aunty too. I love you and wishing you best of luck.

1:36:19 Dear Maryam and dear Amir, I wish a very very fine life for you. Marriage is not love, it is devotion, it is self-sacrifice, working on issues. I wish you luck. Be successful.

1:37:02 Dear Maryam tonight was such a lovely night also dear Amir, I would like to congratulate you one more time. I wish you luck and I hope you would have a long life together. Than I< you for inviting us. We are very happy and we are very thankful. We wish you prosperity and security.

Page 10 of 11 Page 41 of 131 RAF-3RRFP.06.27.14 -001845

1:37:25 Myself too. We had a lovely night. For years, It was one of my wishes. We had very good time. We hope next to you, with happiness, you two live together for years to come. Also I would like to thank Mr. Parviz, Shamsl Jan and Mahsa Jan. you worked very hard.

1:37:14 Hi Maryam Joon, I just want to say congratulations. We had such a great night tonight and I wish you the best and I love you very much.

1:38:23 I want to wish you the best. Have a long and happy life with Amir and I love you very much. And remember Preston wood, when I came to that school and we were playing with ( .•....... )and you probably don't remember that, so that's all and I wish you the best. I love you.

1:38:42 End of tape

Page 11 of 11 Page 42 of 131 ~OLLIN ~ ('3'; ()()fnr mJIJ()I)I QWtti/IO•n ia'lltlJ/hP :::&mJ o/fhr> ()~1/r> o/~'(liJ cJ::0 Yf?<>l~mlf> dllf> .-f?tlro o/Q lfaf.n:JII{m;; t;nlhe c50-,fe o(c;fl;;J:t'I/J. (i-REE'I"IlYG:

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D { {!l['ettvl'4led cvnc{/!led_j/;r- rewrdlite _ _ dar!.tj'.______ rHrtd r <XJunledtlte clc;_y- tj'.______ t/l'b tAo .fit {]J;,.,(;menl 9 J{;;,(K.y ,9/£;na,qo fi?deelldo r§JC:e(mto/<@olan C(73otmfrf Qliae~y S'/~n~. <@C.tt nt_y <@!er-h- Page 43 of 131 ~ ~'P 1!»206 Section 2.204 oftlie Pami{y (:otle 1vtarriaae License %is ficense cannot 6e usecfprior to: 12/07/2009 3:28 (j_XM Section 2.201 of tlie Pami{y (~oae 9Ylust 6e usea 6efore: 01/04/2010 Section 2.202 oftlie Pami{y C'o,{e §room (J'ersons autliorizea to conduct ceremony.

IJssuea the 4tli cfay of rnecem6er 2009 tJ3irtfid~: 07/05/1981 at 3:28~ P{ace oJ tJ3irtfi: %/iran~ 1~:4N Printed material distributed a.s required by StaceJr'lflmp:.Jfnt!ifferf<:._ of Section 2.009 tfie Pami{y Code. 'By ~eyury tBride 'Returned and PifedJo·r tJ3irtfid~: 11/2 7/1980 'Record the __ day P{ace oJ tJ3irtfi: tTeliran, ICJUL:N of--- Stacey ~mp, County C{erf( ~Y ~pu~ -- tR.eturn License 'TO = = = = = = = = = = · - = -=== :M.}I~'Y)I!M fP)I~o/IZ 7(7{tt)lo/I 15025 P.Jl~CMP. (})CJt (]?JCJf)fCJ«[)SO:N, fJX 75080 Page 44 of 131 Page I SHAHRBANOO KHANI POUR , MAY 22, 2014

1 CAUSE NO . 40 1 - 56531-2013 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF ROGER ARASH FARAHMAND lAND COLLIN COUNTY , TEXAS ~ARYAM FARAHMAND AND IN THE INTEREST OF ) 6 , ) A MINOR CH I LD 401ST JUDICIAL DISTRICT ************************************************************ ORAL AND VI DEOTAPED DEP OSI T ION OF 10 SHAHRBANOO KHANI POU R MAY 22 , 2014 11 VOLUME 1 ************************************************************ 16 ORAL AND VIDEOTAPED DEPOSITION OF SHAHRBANOO KHANIPOUR , produced as a wi tness at the instance of the Pe titioner, and duly sworn , was taken in the above - sty l ed and numbered cause on the 22nd day of May , 2014 , from 9:38 a.m. to 11:46 a.m ., before Melissa English , CSR , RPR , in and for the State of Texas, reported by machine shorthand , at the Law Offices of Koons , Fuller , Vanden Eykel and Robertson, 1717 McKinney Avenue , Suite 1500 , Da l las, Texas 75202 , pursuant to the Texas Rules of Civil Procedure and the provisions stated on the record or attached hereto.

EXHIBIT i oil E WENDY WARD ROBERTS & ASSOCIATES, INC .

TOLL FREE 866. 4 87.3376 Page 45 of 131 Page2 SHAHRBANOO KHANIPOUR, MAY 22, 2014

1 A P P E A R A N C E S FOR THE PETITIONER: 3 Ms. Rebecca Tillery KOONS, FULLER, VANDEN EYKEL & ROBERTSON 4 1717 McKinney Avenue Suite 1500 5 Dallas, Texas 75202 {214) 871-2727 {tel) 6 {214) 871-0196 {fax} [email protected] FOR THE RESPONDENT: Mr. Bob Widner 9 Ms. Shanin Turner WIDNER FAMILY LAW GROUP 10 2911 Turtle Creek Boulevard Suite 405 11 Dallas, Texas 75219 {469} 563-4800 (tel} 12 (972} 692-8951 (fax} [email protected] !ALSO PRESENT: Mr. Michael Crabtree, Videographer 15 Mr. Roger Farahmand Ms. Maryam Farahrnand

WENDY WARD ROBERTS & ASSOCIATES, INC. TOLL Page FREE46 866.487.3376 of 131 Page 12 SHAHRBANOO KHANIPOUR, MAY 22, 2014

1 A. Yes.

2 MR. WIDNER: Objection as to form. You can go ahead and answer.

4 A. Yes.

5 Q. (BY MS. TILLERY) Okay. And that was in the Persian New Year in 2009?

7 A. No. It wasn't Persian New Year. It's a couple ~onths after that. Oh, I'm sorry. This is yours. I'm sorry. I made mistake. No, no. She wasn't there at that time. I made mistake. This is the last question, I made a ~is take.

12 Q. Okay.

13 A. No, no. ··~ 14 Q. So let me ask the question again.

15 A. Okay. Go ahead, please.

16 Q. My question is, did someone invite you to the wedding of Amir and Mary am?

18 A. Yes.

19 Q. Who?

20 A. Shamsi.

21 Q. Okay. And when?

22 A. I was included in the marriage at that time.

23 Q. Okay. You were included in the marriage, but did she send you an invitation?

25 A. Yes, she did.

WENDY WARD ROBERTS & ASSOCIATES, INC. TOLL FREE 866.487.3376 Page 47 of 131 Page 13 SHAHRBANOO KHANIPOUR, MAY 22, 2014

1 Q. Okay. Do you remember when you got it in the !mail?

3 A. It wasn 1 t mailed.

4 Q. Okay. She just handed it to you?

5 A. She gave it to me. 6 Q. Do you remember when she handed it to you?

7 A. No. It was just for -- because I know everything that 1 s going on in that wedding, so every time every day she called me, and she talk about that, what's going on, what we have to do, so because I was -- I was with them any step. That's why she called me. 12 Q. Okay. ~ 13 A. I don't know. Maybe one day.

14 Q. Okay.

15 A. Not mail.

16 Q. Did you know Amir before the wedding?

17 A. No. 18 Q. Do you know if Amir is a United States citizen?

19 A. Now or that time?

20 Q. At that time.

21 A. No, he wasn't.

22 Q. Do you know if Amir married Mary am in order to get a Visa to stay here?

24 MR. WIDNER: Objection as to form.

25 A. I might -- my belief, yes, but that time, the

WENDY WARD ROBERTS & ASSOCIATES, INC. TOLL Page FREE48866.487.3376 of 131 Page 15 SHAHRBANOO KHANIPOUR, MAY 22, 2014

1 other?

2 A. I'm sorry?

3 Q. Do you know when Maryam met Amir?

4 A. Something, I think -- I believe about two, three ~onths before marriage, I think.

6 Q. Okay.

7 A. Maybe less, even less.

8 Q. Okay. In December of 2009, you went to an event that was Maryam and Amir's wedding, correct?

10 A. Uh-huh. Yes.

11 Q. And do you understand that Maryam is now saying it was not a wedding?

13 A. Yes.

14 Q. Why do you think it was a wedding?

15 A. Because it was a wedding. Everything shows it was a wedding.

17 Q. Okay. You are -- 18 A. Persian wedding.

19 Q. Right. You are Persian, correct?

20 A. Yes.

21 Q. Is Maryam Persian?

22 A. Yes.

23 Q. Is Amir Persian?

24 A. Yes.

25 Q. Are both of their families Persian?

WENDY WARD ROBERTS & ASSOCIATES, INC. TOLL FREE 866.487.3376 Page 49 of 131 Page 24 SHAHRBANOO KHANIPOUR, MAY 22, 2014 .~ 1 Q. Did Maryam's parents arrange for the party at the place on Arapaho?

3 A. Yes.

4 Q. Did they have a caterer bring the food in?

5 A. I told Shamsi, what they call, the lady who make catering, with catering, I told her about the lady, and she contact with her and she gave order, yes.

8 Q. What is her name?

9 A. Asam.Namate Pour.

10 Q. Did Maryam wear a white wetting dress?

11 A. Yes, she did.

12 Q. Did she have a veil on? .~ 13 A. Yes, she did.

14 Q. Do you know who asked Dr. Ghaffari to do the wedding?

16 A. Shamsi, she told me, because Dr. Ghaffari, he had for my sister, my two sisters and one friend. I know her.

18 I know that lady, too, and Shamsi told me -- and Shamsi knows Dr. Ghaffari. And she said, would you, please, tell Dr. Ghaffari to come? I said, yes, I did, and Mr. Parviz, he called, too.

22 Q. Okay. Did you say that Dr. Ghaffari did the wedding of your two sisters?

24 A. Yes.

25 Q. And your friend? ~

WENDY WARD ROBERTS & ASSOCIATES, INC. TOLL FREE 866.487.3376 Page 50 of 131 Page 25 SHAHRBANOO KHANIPOUR, MAY 22, 2014

1 A. Yes.

2 Q. What else did you do to help prepare for the wedding?

4 A. On wedding day, that -- after they get married, the people start to give them some golds and gift. Usually the gift is gold, sometimes money, or gift card or something like that in United States, but my country is just money and gold.

9 Q. Okay.

10 A. And I have the bag, a big bag, and everything the people give it to Maryam, she give it to me. I hold it for them.

13 Q. Okay. Did you do anything else to help with the wedding?

15 A. Yes. For, what you call, the table, arrangement of table for dinner, I helped because I know Asam. So she knows me very good. That's why when she came and she called me, I went there and arranged the table and tell people put nere, put there, something like that.

20 Q. Okay. Since you own an alteration store, did you alter Maryam's wedding dress?

22 A. Not that time.

23 Q. Okay.

24 MR. WIDNER: Objection as to form on that.

25 Q. (BY MS. TILLERY) Go ahead. ~\

WENDY WARD ROBERTS & ASSOCIATES, INC. TOLL FREE 866.487.3376 Page 51 of 131 Page 45 SHAHRBANOO KHANIPOUR, MAY 22, 2014

1 Q. Who had a written document about the ceremony?

2 Who had the document?

3 A. Usually the groom and bride has it, but that time, they need some -- they gave it to Dr. Ghaffari. He signed it, and then I think something was wrong or they need more sign, and when they took it, they give it to me because I was -- I can see Doctor more, and she gave it to me to give to Doctor to sign it. I did it. I give it to Dr. Ghaffari, and Dr. Ghaffari said the groom and bride, they came and they take it.

11 Q. Okay. But you never -- but the document was unsigned that Mr. Ghaffari had? -~ 13 A. Yes.

14 Q. Did you ever see a signed document?

15 A. Yes.

16 Q. By everybody?

17 A. Not by everybody. Just her because -- 18 Q. Just Ghaffari?

19 A. Yes, and my sister, too.

20 Q. And so, it was an unsigned -- it was an unsigned 22 A. Yes.

23 Q. document?

24 A. It wasn't -- no. He write the name, but I don't know what they needs. I don't know what they needs. ~

WENDY WARD ROBERTS & ASSOCIATES, INC. TOLL FREE Page 52866.487.3376 of 131 Filed: 10/6/2014 12:51:25 PM Anctea S. Thompson District Clerk .

Collin County, Texas Page 90 SHAHRBANOO KHAN I POUR' MAY 2 2 ' 2 0 1 Carla Mahan DeJ:XJty ID 729735

1 CAUSE NO. 401-56531-2013 IN THE MATTER OF IN THE DISTRICT COURT HE MARRIAGE OF ARASH FARAHMAND NO COLLIN COUNTY, TEXAS ARYAM FARAHMAND NO IN THE INTEREST OF MINOR CHILD 401ST JUDICIAL DISTRICT 8 REPORTER'S CERTIFICATION DEPOSITION OF SHAHRBANOO KHANIPOUR 9 MAY 22, 2014 10 I, Melissa English, CSR, RPR, in and for the State of exas, hereby certify to the following: 13 That the witness, SHAHRBANOO KHANIPOUR, was duly sworn y the officer and that the transcript of the oral deposition is a true record of the testimony given by the witness; 18 That the deposition transcript was submitted on 19 ~-~ _____ , 2014; to Ms. Rebecca Tillery, 1717 McKinney Avenue, Suite 1500, Dallas, Texas 75202, for examination, signature and return to me by the --~~ day of ~--------- 2014; 24 That the amount of time used by each party at the deposition is as follows:

Page 53 of 131 WENDY WARD ROBERTS & ASSOCIATES, INC. Page 9 1 SHAHRBANOO KHANIPOUR, MAY 22 , 2 014

1 Ms . Rebecca Tiller y . . . . . . . 00 HOU RS : 56 MINUTES Mr. Bob Wi dn er .... . . . . . . . . 00 HO URS : 47 MINUTES 3 Tha t pur suant t o information given to t h e de positi o n office r at the t i me said testimony was take n, the following inc l udes all parties of record : Ms . Rebe cca Tillery , At torney fo r Petitioner ; 7 Mr . Bob Widner , Atto rne y for Resp o n de nt.

8 I furthe r cert ify that I am neither cou ns e l fo r , related to , n or employed by a ny o f t h e parties or attorneys in t he action in which this p r ocee d i n g was take n , and f urther t hat I a m n ot f inancia lly or ot he rwise inte r es ted i n t he outcome o f th e act i o n .

14 Further ce rti f icati o n r equ iremen ts pursuant t o Rule 203 of TRCP will be cert i f ied to a ft er t h ey have occur red .

17 Cert i fied to by me t his ----~--- day of _· ~~---------------' 2014 .

-n1~.t~ .._ ~ ---~ --~------ ------------- MELISSA EN GLI S H, . 216 23 Ex pir ation Da te : 12/31/2014 205 Main Stree t 24 Garland , Tex as 75040 (972} 4 94 - 2000 (tel} 25 (972} 494 - 2269 (fax}

Page 54 of 131 WENDY WAR D ROBERTS & ASSOCIATES , INC. Page 92 SHAHRBANOO KHANIPOUR, MAY 22, 2014

1 CAUSE NO. 401-56531-2013 IN THE MATTER OF ) IN THE DISTRICT COURT HE MARRIAGE OF ) ROGER ARASH FARAHMAND ND COLLIN COUNTY, TEXAS ARYAM FARAHMAND NO IN THE INTEREST OF MINOR CHILD 401ST JUDICIAL DISTRICT 8 FURTHER CERTIFICATION UNDER RULE 203 TRCP DEPOSITION OF SHAHRBANOO KHANIPOUR 10 to the day of 12 If returned, the attached Changes and Signature page contains any changes and the reasons therefor; If returned, the original deposition was delivered to 14 · ;:(A._T; ~ &------------' Custodial Attorney; 15 That $:)~~ __ is the deposition officer's charges to the Petitioner for preparing the original deposition transcript and any copies of exhibits; 17 That the deposition was delivered in accordance with Rule 203.3 and that a copy of this certificate was served on all parties shown herein and filed ~ the Clerk.

19 Certified to by me this ----~------- day of 2014.

Firm No. 216 23 Expir 1205 ain Stre 24 Garland, Texas 75040 (972) 494-2000 (tel) 25 (972) 494-2269 (fax)

Page 55 of 131 WENDY WARD ROBERTS & ASSOCIATES, INC. RECORDS REGARDING: THE FARAHMAND MARRIAGE RECORDS FROM: DR. ASLAN GHAFFARI - Deposition Only 1356 BENT TREE DRIVE FRISCO TX 75034 (972) 365-1353

CAUSE NO. 401-56531-2013 COURT: IN THE DISTRICT COURT OF COLLIN COUNTY, TEXAS 401ST JUDICIAL DISTIUCT

The Farahmand Marriage TAXABLE COST: $141.00 DELIVER TO: Ike Vanden Eykcl Koons Fuller P.C.

1717 McKinney Ave., Suite 1500 Dallas, TX 75202 Client Matter No. Our Ref. # 01 -5337 1-001

Court Copy WJRKTTJEN D JEPO§KTKON §JER liCJE 1750 Valley View Lane, Suite 210, Dallas, Texas 75234 Phone 972-488-5555 - Fax 972-488-5590 www. writtendeposi tion.com "Tire Service of Excellence" EXHIBIT t= Page 56 of 131 c·· Flied: 4/23/2014 3:29:45 PM I· AndreaS. Thompson District Clerk Collin County, Texas By Pam English Deputy lN THE 401 st JUDICIAL DISTRICT COURT COLLIN COUNTY 'f.BXAS

A SUIT 1'0 DECLARE VOID THE MAURIAGE OF ROGERARASHFARAHMAND AND MARYAM FARAH.M.AND AND IN TilE INTEREST OF A MINOR CHILD C:•sc No. 401-56531-2013 RETURN OF SERVICE Received on April 21, 2014 at 3:26 PM l Gal'y Shem1at\, being duly sw0111> depose aud. say, I have been duly authorized by the Supreme Coutt of Texas to serve Citation and other Notices as well as make service oftbe document(s) listed herein in the above styled case.

That on 04/.ll/20 14 at 5~15 PM, I Personally delivered NOTICE OF INTENT!ON TOT AKE DEPOSITION BY \VRirfBN QUESTIONS l11 English and NOTICE OF lNTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS ht Farsi to Asian Ghaffarl at 1356 Bent Tree Drive, Frisco, Texas, 75034.

I nm of sound mind, capable of mnldug this Affidavit, and pet•sonnlly ncqunluted with the facts here in stated.

1 um au adult over the flge ofl8 yeJu•s of age and ram not n ·party to the suit smd !uwc no lnteJ•est tn 1hc · outcome of tbe su lt. I bave lleVel' been convicted ()(any felony or ct·ime involving moral turpitude and nm competent to lllnke thiS ontb. lnm able to pea·form the service of citation, SllffiiDOUS1 notice, or Subpoenn pl·omptly and correctly pu•·:~uant to the Texas Rules ot<=tvil Procedure, Rule 103. Under flenaJtics ofpel'jm·y, dechll'e thnt 1 have read the foJ•egotng Retllrn of Service nnd tbllt the facts stnted in Jt lll'e true nnd correct and are :lthln m~/o71mowledge.

A I ~ ..............,...-- -'· L J .~ n · _ -~_.._........ Executed on ----~7J-<2.J.~t-!":1- ShemlDll S 1117 Expires: 08/31/2014 State ot' Texas County of.Dnllas Sworn and Subscribed before me, a Notary. given my band and seal of office this 23t:d dny of April, 2014.

·~ .... J .....

Page 57 of 131 CAUSE NO. 401-56531-2013 A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGER ARASH FARAHMAND § AND § MARYAM FARAHMAND § 40lsT JUDICIAL DISTRICT § AND IN THE INTEREST OF § § § A MINOR ClULD § COLLTI'i COUNTY, TEXAS NOTICE OF INTENTION TOT AKE DEPOSITION BY WRITTEN QUESTIONS To: Dr. Asian Ghaffari. 1356 Bent T ree Drive, Prisco. Texas. 75034.

To: Maryam Farahmand. by and through her attorney of record. Richard J. Corbitt. Richard J.

Corbjtt & Associates, P.C., 6440 N. Central Expressway, Suite 402, Dallas, Texas 75206.

You will take no tice that on May 12, 2014. that date being after 20 days from the date of service of a copy hereof with attached questions, a Deposition by Written Questions will be taken of the following W itness: Dr. Aslan Ghaffari 1356 Bent Tree Drive, Frisco, Texas, 75034.

Answers to such questions will be taken before a Notary Public, Certified Court Reporter. or their designated agent, which deposition with attached questions may be used in evidence upon the trial oftbe above styled and numbered cause pend in g in the above named court.

Respectfully s ubmitted.

Is/ Rebecca Tillery IKE VANDE['; EYKEL State Bar No. 20485500 [email protected] REBECCA TILLERY State Bar No. 24060729 tille ry@koonsful lcr.com KOONSFULLER A Professional Corporation 1717 McKi nney Avenue, Suite 1500 Dallas, Texas 75202 (214) 871-2727

NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS· PAGE 1

Page 58 of 131 ( (

(214) 871~0196 Fax Attorneys for ROGER ARASH FARAHMAND CERTIFICATE OF SERVICE I certify that a true copy of the above was served on the following attorneys of record via certified mail in accordance with the Texas Rules of Civil Procedure on April 21, 2014: Bradford Nace Nace & Motley LLC Crescent Court, ih Floor Dallas, TX 7520l; and Richard J. Corbitt Richard J. Corbitt & Associates, P.C.

6440 N. Central Expressway, Suite 402 Dallas, Texas 75206 Is/ Rebecca Tillery REBECCA TILLERY Attorney for Petitioner

NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS· PAGE 2

Page 59 of 131 ( (

CAUSE NO. 401-56531-2013 A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGERARASHF~AND § AND § MARYAM FARAHMAND § 401 5T JUDICIAL DISTRICT § AND IN THE INTEREST OF § § , § A MINOR CHILD § COLLIN COUNTY, TEXAS NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS \Vritten Questions to be Propounded to the Witness: Dr. Asian Ghaffari 1356 Bent Tree Drive, Frisco, Texas, 75034.

1. State your full name, phone number and your complete address.

2. Have you ever officiated or conducted a marriage ceremony?

ANSWER:~y~e~s ____________________ 3. How n1any marriage ceremonies have you officiated or conducted?

ANSWER: Aefw~Pn ? - 11 4. Are you a Shiite Muslitn?

e' ANSWER: -r------------------------------------------------- 5. Under Shiite law, are you authorized to conduct a marriage ceremony?

ANSVVER:~~e~s _______________________________________________

NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS -PAGE 3

Page 60 of 131 (

6. Have you officiated or conducted a Shiite-Persian marriage ceremony?

ANSWER: -r~---------------------------------------------------

7. How many Shiite-Persian marriage ceremonies have you officiated or conducted?

8. How many Shiite-Persian marriage ceremonies have you officiated or conducted in the United States?

ANSWER: Bef"'~"" .5-8 9. How many Shiite-Persian marriage ceremonies have you officiated or conducted outside the United States?

ANSWER: 1 ----~------------------------------------------------- 10. How many Shiite-Persian marriage ceremonies have you attended as a guest?

ANSWER: rlatf' fl,an too P{t.~J 11. Are you familiar with Persian marriage ceremony traditions?

ANSWER:~t~S~-------------------------------------------- 12. What is a "Sofreh"?

13. Please look at Exhibit "A" attached hereto, is this a picture of a "Sofreh"?

ANSWER: yes ~----------------------------------------------------- 14. Does a "Sofreh" typically take place at a Persian marriage ceremony?

ANSWER: e6 ~-----------------------------------------------------

NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITIEN QUESTIONS- PAGE 4

Page 61 of 131 (

15. Have you ever seen a "Sofreh" conducted at an engagement party?

ANSWER:~N~o~----------------------------------------- 16. Have you ever seen a "Sofreh" in marriage and wedding ceremonies?

ANSWER:~Y~P~j __________________________________________ 17. Please look at Exhibit "B," is that you sitting officiating or conducting a Shiite-Persian marriage cere1nony?

ANSWER: YP~ ~~--------------------------------------------------- 18. Please look at Exhibit "B," do you recognize the two seated individuals as Maryam Parviz Khyavi and Amir Bagherkalantari?

YeJ ANSWER: ~~--------------------------------------------------- 19. Please look at Exhibit "B," why does the two seated individuals have a Quran in front of them?

20. Looking at Exhibit "C," is that you in the picture with Maryan1 Parviz Khyavi and Amir Bagherkalantari?

ANSWER: Yes ~~--------------------------------------------------- 21. Did you officiate or conduct Marayam Parviz Khyavi and Amir Bagherkalantari 's wedding ceremony?

ANSWER:~~~~~.$------------------------------------------ 22. Were you the "Concluder" of this maniage?

ANSWER:-Y-~~5~----- -------------------------------------

NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS- PAGE 5

Page 62 of 131 ( (

23. Do Exhibits "A", "B", and "C" appear to be true and correct images from the wedding of Mary am Parviz Khyavi and Amir Bagherkalantari?

ANSWER:~~e~5--------------------------------------------- 24. In your opinion, was this a Wedding Ceremony?

ANSWER: yes ~----------------------------------------------------- 25. In your opinion, was tlus an Iranian Wedding Ceremony?

Yr& ANSWER: ~----------------------------------------------------- 26. In your opinion, was this a wedding?

ANSWER: l1 ~~---------------------------------------------------

27. In your opinion, were you there for a wedding?

ANSWER: ye, ~----------------------------------------------------- 28. Did that wedding take place on or about December 2009?

ANSWER:~Y~e~5----------------------------------------- 29. Did your wife also attend Maryam Parviz Khyavi and Amir Bagherkalantari's wedding ceremony?

ANSWER:-+~e~s _____________________________________________ 30. Does your wife have knowledge of what occurred at Maryam Parviz Khyavi and Amir Bagherkalantari' s wedding?

ANSWER:~e~'~---------------------------------------------

NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS- PAGE 6

Page 63 of 131 (

3 I. Has your Wife attended other wedding ceremonies you've conducted or officiated? If so, how many has she attended?

ANSWER: Yes all bf them 32. Please state who else attended Maryam Parviz Khyavi and Amir Bagherkalantari's wedding that you knew? W.'-'OW'\ My ·f WI P, q. uef,rnal. v• flftaffa,_./, Mshnaz khaY)i pour q~Jt/ of»er$ ~J, ANSWER: r d12n ;t ;('1'41/ 1/,p,'J,. nt~me S 33. Is it customary in an engagement, to "conclude" a marriage contract, and still call it an engagement?

ANSWER: ,V~ ~---------------------------------------------------- 34. Is it true, in the Muslim Shiite Religion, a marriage "concluder" could be any Muslim person accompanied with two witnesses? And there is no need to obtain any special and official permit?

ANSWER:~~eJ~----------------------------------------- 35. Were you ever told that this was an engagement party? If so, by whom and when?

ANSWER: /VO ------------------------------------------------------ 36. Please look at Exhibit "D," do you recognize this document as a copy of the marriage license of Marayam Parviz Khyavi and Amir Bagherkalantari?

ANSWER:_y~e_$___________________________________________

37. Does Exhibit "D" appear to be a true and correct copy of the marriage license of Marayam Parviz Khyavi and Amir Bagherkalantari?

ANSWER:~y_e_s_________________________________________

38. Do you recognize your signature on this marriage license?

ANSWER: yes ~----------------------------------------------------

NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS- PAGE 7

Page 64 of 131 ( c· 39. Does Exhibit "D" appear to be in substantially the same condition as when you saw it on December 12, 2009?

ANSWER:~Y~e~s~------------------------------------- 40. Did you know Marayam Parviz Khyavi pdor to her wedding to Amir Bagherkalantari? If so, please describe your relationship with Marayam.

41. Did you know Marayan1 Parviz Khyavi's Mother, Shamsi Damavandi, also known as Shamsi Parviz, prior to her wedding to Amir Bagherkalantari? If so, please describe your relationship with Shamsi.

42. Has Marayam Parviz Khyavi attempted to contact you within the last year? If so, please describe the reason, who was present during the discussion, and what she spoke to you about.

ANSWER: t/o ~----------------------------------------------------- 43. Has Marayam Parviz Khyavi's Mother, Shamsi Damavandi, also known as Shamsi Parviz, attempted to contact you within the last year? If so, please describe the reason, who was present during the discussion, and what she spoke to you about.

ANSWER: rhJ ------------------------------------------------------- 1\ 44. Has Marayam Parviz Khyavi's Father, Bahman Parviz Khyavi, attempted to contact you within the last year? If so, please describe the reason, who was present during the discussion, and what he spoke to you about.

NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS ·PAGE 8

Page 65 of 131 (

ct(.. 45. Has anyone in Marayam Parviz Khyavi' s family attempted to contact you within the last year? If so, please state the name of the person, describe his/her reason for contacting you, who was present during the discussion, and what he/she spoke to you about.

At.(' ANSWER: ~ Yts Mr ft~trviz ce~tt~l on J- ,_,, fo Jar he/16 a'l/ Jd w/fe Talket! ft~ my wif-e 46. Has anyone contacted you to discuss the wedding of Maryam Parviz Khyavi and Amir Bagherkalantari within the last year? If so, please state the name of the person, describe his/her reason for contacting you, who was present during the discussion, and what he/she spoke to you about.

ANSWER: tJo ~----------------------------------------------------- 47. Did Fadeyeh Ghadamipour call your house on or about March 3, 2014? If so, please describe her reason for contacting you and what she spoke to you about.

48. In the past year, have any relatives or any family members of Maryam Parviz Khyavi ever contacted you asking you to say the ceremony which has been conducted by you was only an engagement ceremony and not a marriage and wedding ceremony?

ANSWER: tJo ~~---------------------------------------------------

49. Has Fadeyeh Ghadamipour ever called you before? If so, please state when and describe her reason for contacting you and what she spoke to you about.

ANSWER:~~-e~J--~_,_,,_~ ~'"lfJ flA/b 0 c ea1,'tJI'Jf/y __·__________ +() J«7 Ae./f", /________________________ _ 50. Prior to Fadeyeh Ghadamipour call to you, did you know who she was?

ANSWER: 'fes ~-----------------------------------------------------

51. Do you know why Fadeyeh Ghadmipour called you?

ANSWER: fJ() ~-----------------------------------------------------

NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITIEN QUESTIONS- PAGE 9

Page 66 of 131 ( (

52. Please see Exhibit "E", in your opinion, is this typical wedding attire for a wedding?

ANSWER=~X~e~s_______________________ 53. In your opinion, was Maryam Parviz Khyavi wearing a wedding dress in Exhibit "E"?

ANSWER:~y~e~s _________________________________________ 54. How many Shiite-Persian engagement parties have you attended?

ANSWER: ------------------------------------------------------- 55. At the engagetnent parties you've attended, has anyone ever worn a wedding dress to the engagement party?

No ANSWER: ~~--------------------------------------------------- 56. Did you marry and attend the wedding of Marayam Parviz Khyavi and Amir Bagherkalantari on December 12, 2009?

ANSWER: ye~ -------------------------------------------------------

NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS- PAGE 10

Page 67 of 131 I, A,S \ C\ V\. ~h.tA tkr j (Witness), do hereby swear or affirm that my answers to the above questions are the truth, the whole truth and nothing but the truth, so help me God.

SIGNATUREOF \V1TNESS

I, ::a:~~N , a Notary Public in the State of Texas, do hereby certify that the toregoing answers of the witness was duly swom and the non- stenographic recording of this Written Deposition is a true record ofthe W itness testimony. ~EN UNDER MY HAND AND SEAL OF OFFICE on this t he B_~ay of .. , t ,2014. ~ .GoJ SIGNA TVR.E OF OTARYPU8Ck FOR THE STATE OF TEXAS - -- KAME OF NOTARY PUBLIC TYPED OR PRlNTED My Conunission expires

NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS· PAGE 11

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Si~;autu1c of Person pa1'onning Cc:n:moo!

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Page 88 of 131 I, A/! {;j'iu~ , a Notary Public in the State of Texas, do hereby certify that the foregoing answers of the witness was duly swom and the non- stenographic recording of this Written Deposition is a true record of the Witness testimony.

7J/.a.-. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the a1fJ of ' 720 14 {l;J. ~ SIGNATURE OF NOTARY PUBLfCFOR THE STATE OF TEXAS TOMP. EATON -.rNic.8111tofT... lfrCOMIIMA Elpirtt NAME OF NOTARY PUBUC TYPED OR PRINTED 0212712011 My COJmn.issjon expires___ J-. __z.; _7__' _l_g__ ' _

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Page 93 of 131 15208 J Section 2.204 oftlie Pami(y Cotfe ~rriage License %is ficense cannot 6e useaprior to: 12/07/2009 3:28 fi!<M. }l!MI(}{QJ)l q:H!E/RJ(JIL}l!JfTJl(jJ Section 2.201 oftlie Pami[y Coae aru£ 9rlust 6e used' 6efore: 01/04/2010 Section 2.202 oftlie Pamify Coae §room CI'ersons autliorizecf to conduct ceremony. 'lssued tfie 4tli aay of (})ecem6er 2009 tJ3irthcray: 07/05/1981 at 3:28fPM PCace qJ ~irtfi: q'efiran, I1UI.JV Printed materia£ distributed as required G.:\ Section 2.009 of tfie Pami{y Code. S~e~:Ji;~ r.Bride 'Returned ana Pifedfo·r 13irtfic{ay_: 11/2 7/1980 'Record tlie __ day P(ace oJ '13irtfi: 'TeliranJ IfR}lJV of--- Stacey ~mp, County C[erl(_ ~y ~~~ ~turn License tJO !M)l ~~!M lP.Jl(]('TIIZ 'l(J{~]I.<VI --.

15025 P}lfi?.~CO?:f£ ®2t quc:J{)IJR.SDSO:N; fJ'X 75080 Page 94 of 131 Page 95 of 131 ,, • W citien Deposition Service, lLlLC 1750 Valley View Lane, Suite 210 Dallas, Texas 75234 ================================================================================== Telephone (972) 488-5555 - Facsimile (972) 488-5590 - (800) 346-4405 [email protected] - www.writtendeposition.com Cause No. 401-56531-2013 A Suit to Declare Void the Marriage of § IN THE DISTRICT COURT OF ROGERARASHFARAHMAND § And § MARY AM FARAHMAND § COLLIN COUNTY, TEXAS And in the Interest of § , § A Minor Child § 401ST JUDICIAL DISTRICT CERTIFICATION Rule 203 RECORDS FROM: DR. ASLAN GHAFFARI- (Deposition Only) Our Ref#:. 01-53371-001 WITNESS: A&\O.V\ ~(A~ i ADDREss: 136(6 l L Dr :rtiSVOI>C fJSlJ34 On 5· J·2 · \ 4 a Written Deposition from the above named individual pertaining to THE ~ MARRIAGE was obtained. The above named witness was duly sworn by, 1UJ.YlJ~.t'ttfiK1 , a notary public and the non-stenographic recording of the written deposition is a true record of the witness' testimony.

The taxable cost to be paid by Ike Vanden Eykel, TBA #20485500; attorney for Roger Arash Farahmand, is $141.00. This charge is for the preparatio)!J>ft:e comfleted documents.

The original deposition was hand delivered on !:2_·1_11 • \ ~ to: Ike Vanden Eykel Koons Fuller P.C.

1717 McKinney Ave., Suite 1500 Dallas, TX 75202 A copy of this certificate was szd on all parties pursuant to TRCP Rule 21 (a) by __certified mail, postage prepaid, __hand delivered or by telephone document transfer to the following: Richard J. Corbitt, Attorney For Respondent Brad Nace Pursuant to Texas Rules of Civil Procedure 203, I, the undersigned Notary Public in and for the State of Texas do hereby certify the above to be true as stated.

Page 96 of 131 Hearing March 10, 2014

1 REPORTER'S RECORD 2 VOLUME 1 OF 1 VOLUME 3 TRIAL COURT CAUSE NO. 401-56531-2013 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF ROGER ARASH FARAHMAND AND COLLIN COUNTY, TEXAS MARYAM FARAHMAND AND IN THE INTEREST OF 401st JUDICIAL DISTRICT

12 HEARING

19 On the lOth day of March, 2014, the following proceedings came on to be held in the above-titled and numbered cause before the Honorable Mark J. Rusch, Judge Presiding, held in McKinney, Collin County, Texas.

23 Proceedings reported by computerized machine shorthand.

Kimberly Tinsley, CSR #3611 (972) 548-4247 ~ EXHIBIT Page 97 of 131 i G Hearing March 10 1 2014

1 APPEARANCES Bradford Winston Nace SBOT NO. 24007726 Attorney at Law 100 Crescent Court 7th Floor Dallas, TX 75201 Telephone: (214) 459-8289 Attorney for Petitioner Roger Farahmand

8 Richard J. Corbitt SBOT NO. 04817000 Attorney At Law 6440 N. Central Expwy.

Suite 402 Dallas, TX 75208 Telephone: (214) 744-1234 Attorney for Respondent Maryam Farahrnand

Kimberly Tinsley, CSR #3611 (972) 548-4247

Page 98 of 131 Hearing Ma:rcb 10 1 2014

1 VOLUME 1 2 HEARING March 10 1 2014 PAGE VOL Proceedings begin .............................. 5 1 Witness Direct Cross Voir Dire ASLAN GHAFFARI 6 By Mr. Nace 11 1 By Mr. Corbitt 13 1 7 By Mr. Nace 17 1 By Mr. Corbitt 20 1 8 By Mr. Nace 21 1 FARID RASTEGAR By Mr. Nace 23 1 10 By Mr. Corbitt 26 1 By Mr. Nace 27 1 ROGER FARAHMAND 12 By Mr. Nace 29 1 By Mr. Corbitt 38 1 MICHAEL SCOTT WOODS 14 By the Court 55 1 15 ROBERT GORDON By the Court 68 1 17 Court ' s Ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 1 18 Adjourned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 1 J.9 Reporter's Certificate . . . . . . . . . . . . . . . . . . . . . . . . 105 1

Kimberly Tinsley, CSR #3611 (972) 548-4247

Page 99 of 131 Hearing March 10 1 2014

1 ALPHABETJ:CAL WJ:TNESS J:NDEX 2 DIRECT CROSS VOIR DIRE VOL Farahmand, Roger 29 38 1 Ghaffari, Aslan 11,17 20 13 1 Ghaffari, Aslan 21 1 Gordon, Robert 68 1 Rastegar, Farid 23,27 26 1 Woods, Michael Scott 55 1

11 EXHIBiTS OFFERED BY THE PETJ:TiONER EXHIBIT DESCRIPTION OFFERED ADMITTED VOL 13 1 Marriage License dated 18 1 12/12/2009 2 Video of 12/12/2009 on 25 25 1 15 DVD 16 3 Supporting Affidavit of 30 1 Roger Farahmand 4 Roger Farahmand's 31 31 1 18 Summary of Requests

Kimberly Tinsley, CSR #3611 (972) 548-4247

Page 100 of 131 Hearing March 10 1 2014

1 INTERPRETER: Yes, sir.

2 THE COURT: I just need you to talk into it so that we can all hear you. Mr. Nace.

4 MR. NACE: Ready when you are, Your Honor.

5 Ready? Thank you.

6 ASLAN GHAFFARI, having been first duly sworn, testified through the duly sworn interpreter as follows: 9 DIRECT EXAMINATION BY MR. NACE: 11 Q. State your name for the record, sir.

12 A. Aslan Ghaffari.

13 Q. And you are here pursuant to a subpoena that I issued for your appearance today, correct?

15 A. Yes.

16 Q. With regard to your appearance today, question, have you ever performed a marriage between a man and a woman in the State of Texas?

19 A. Yes.

20 Q. And with regard to anybody in this particular courtroom, do you recognize any of the persons in this courtroom as you sit here today?

23 A. Yes.

24 Q. And who do you recognize today as you sit here?

25 A. The lady sitting on that side and also

Kimberly Tinsley, CSR #3611 (972) 548-4247

Page 101 of 131 Aslan Ghaffari - March 10 1 2014 Direct Examination by Mr. Nace

1 Mr. Arash.

2 Q. And if you could, the lady to ~y left I believe who you have identified, if you could identify an article of clothing, for the Court and for the record, that she's wearing?

6 A. With the black jacket.

7 MR. NACE: Your Honor, I'd like the record a to reflect that Mr. Ghaffari has described and identified Mrs. Farahmand in this matter.

10 THE COURT: The record will so reflect.

11 Q. (By Mr. Nace) Cutting right through it, sir. Do you recall performing a wedding with Ms. Farahmand, previously Parviz, on the 12th day of December, 2009?

14 A. Yes, but I don't remember the exact name.

15 Q. Did that marriage take place in a public place?

16 A. Yes.

17 Q. no·you recall approximately how many people were present in attendance on the date you performed the wedding with Ms. Parviz?

20 A. Yes.

21 Q. Was there any question in your mind whether it was a wedding or something else?

23 A. I think it was a wedding.

24 Q. In your experience -- first, how old are you today?

Kimberly Tinsley, CSR #3611 (972) 548-4247

Page 102 of 131 Aslan Ghaffari - March ~o, 20~4 Direct Examination by Mr. Nace

1 A. 97.

2 Q. And in your 97 years of life, approximately how many years of marriage -- how many marriages have you performed?

5 A. Approximately eight to ten people.

6 Q. And are you qualified to perform marriages in the State of Texas?

8 MR. CORBITT: Objection, speculation on the part of this witness until the witness has proven that he has so. May I take the witness on voir dire?

11 THE COURT: Sure .

12 MR. CORBITT: Please the Court.

13 VOIR DIRE EXAMINATION BY MR. CORBITT: 15 Q. Mr. Ghaffari, I hope I pronounced your name correctly. Are you a licensed ordained Christian minister?

18 A. No, I don't have no license.

19 Q. Are you a priest?

20 A. No. 21 Q. Are you a Jewish rabbi?

22 MR. CORBITT: Am I talking too loud, Judge?

23 I'm sorry.

24 THE COURT: I can hear you.

25 Q. (By Mr. Corbitt) Mr. Ghaffari, are you a Jewish

Kimberly Tinsley, CSR #3611 (972) 548-4247

Page 103 of 131 Aslan Ghaffari - March l0 1 20l4 Voir Dire Examination by Mr. Corbitt

1 rabbi?

2 A. No. 3 Q. Are you a justice of the Supreme Court?

4 A. No. 5 Q. Are you a judge of the Court of Criminal Appeals?

7 A. No. 8 Q. Are you a justice of the Court of Appeals, of a district, or a county, or a probate court?

10 A. No. 11 Q. Are you or have you been a judge of a domestic relations or juvenile court?

13 A. No. 14 Q. Are you a retired justice or judge of any of those courts that I asked just a minute ago?

16 A. No. 17 Q. Mr. Ghaffari, you said I think it was a wedding, did you not, sir?

19 A. I'm sure it was a wedding.

20 Q. Excuse me. Was that his testimony? I'm sorry.

21 I feel rude about this. Was that his testimony just a minute ago, to Ms. Kim, I think it was a wedding?

23 MR. NACE: Object to 24 THE COURT: He's asking did he say the words "I think it was a wedding."

Kimberly Tinsley, CSR #3611 {972) 548-4247

Page 104 of 131 Aslan Ghaxfari - March 10, 2014 Voir Dire Examination by Mr. Corbitt

1 A. I saw it was a wedding.

2 MR. CORBITT: Thought, is that what I just heard Mr. Translator? Thought?

4 INTERPRETER: No • 5 MR. CORBITT: What was the word? Say what he just said, please. I'm sorry. My fault.

7 THE COURT: He didn't understand what you said. Can you repeat?

9 INTERPRETER: I saw a wedding.

10 MR. CORBITT: Okay. Did he answer my question? I think it was a wedding, did he use that exact terminology?

13 MR. NACE: Object to the compound question.

14 THE COURT: Sustained. Respectfully, that's a weight not admissibility thing.

16 MR. CORBITT: Please the Court, with regard to purpose of voir dire, we'll pass the witness at this particular juncture in time. But we will make an objection under Family Code 2.202 that he is not qualified to conduct a wedding in the State of Texas.

21 THE COURT: Mr. Ghaffari 22 MR. CORBITT: And I will also state that the Court can take judicial knowledge of the fact that Mr. Farahmand was the Petitioner in this cause, and he files the petition on December 30th, 2013, at 2:02 p.m.

Kimberly Tinsley, CSR #3611 (972) 548-4247

Page 105 of 131 Aslan Ghaffari - March 10 1 2014 Voir Dire Examination by Mr. Corbitt

1 and he specifically stated that the parties were married as husband and wife on or about July 28th, 2012.

3 THE COURT: I'll be happy to take judicial notice of the pleadings in this matter.

5 Mr. Ghaffari, by what authority did you perform a wedding?

7 THE WITNESS: In Islamic law there is no need to have any permission.

9 THE COURT: Well, are you an Imam?

10 THE WITNESS: No. 11 THE COURT: Are you telling me that anyone in Islamic law is authorized to perform a wedding?

13 THE WITNESS: That's my thought and understanding.

15 THE COURT: Okay. And just so that I understand, I know that there are several subdivisions of Islam, Sunni, for example, Shi'ite. What subdivision are you?

19 THE WITNESS: Shi'ite.

20 THE COURT: Thank you. So the world will know, I'm not an expert under Islamic law, but at least I've got his testimony that he is authorized to do that.

23 That would, at least at this point in time, cover him as far as 2.02 is concerned. Mr. Nace.

25 MR. NACE: Thank you, Your Honor.

Kimberly Tinsley, CSR #3611 (972) 548-4247

Page 106 of 131 Aslan Ghaffari - March 10 1 2014 Direct Examination by Mr. Nace

1 DIRECT EXAMINATION (CONTINUED) BY MR. NACE: 3 Q. Who had contacted you, if you recall, originally to perform this wedding?

5 A. I do not remember it very well, but definitely could be one of their family members or father.

7 MR. NACE: May I approach the witness?

8 THE COURT: You may.

9 Q. (By Mr. Nace) I'm going to hand you what we'll mark as Petitioner's 1. Can you identify this document for the record?

12 INTERPRETER: He said, "This is my signature." 14 Q. So that would be a yes, you can identify this document for the record?

16 A. I don't remember very well, but this is my signature and this is my handwriting.

18 Q. And is this a true and correct copy?

19 A. As you heard, I don't remember it very well.

20 But certainly this is my handwriting, and this is everything that I wrote.

22 Q. On that particular document it says at the top Rights of Matrimony, correct?

24 MR. CORBITT: Objection, Your Honor, speaks for itself. It's not introduced into evidence.

Kimberly Tinsley, CSR #3611 (972) 548-4247

Page 107 of 131 Aslan Gha£fari - March ~o, 2014 Direct Examination by Mr. Nace

1 THE COURT: Sustained.

2 MR. NACE: We•ll offer.

3 THE COURT: Does it have a number on it?

4 MR. NACE: Yes, Your Honor, Petitioner•s 1.

5 MR. CORBITT: Predicate has not been issued.

7 THE COURT: Let me see it, please.

8 MR. NACE: Yes, Your Honor.

9 (Document present to the Court) 10 THE COURT: Mr. Nace, I have what appears to be a Xerox copy. I don't see a clerk•s stamp on here anywhere.

13 MR. NACE: Your Honor, we have the original with another witness. That is a copy.

15 THE COURT: Why isn•t the original of a marriage license on file with my clerk?

17 MR. NACE: From what I understand, to file it that was their responsibility through her family. But the original does exist.

20 THE COURT: Where is the original?

21 MR. NACE: My client can better answer that judge through another witness. Because of things missing in this case, our chain of custody, we want to make sure we•re keeping things intact.

25 THE COURT: His objection is sustained at

Kimberly Tinsley, CSR #3611 (972) 548-4247

Page 108 of 131 Aslan Ghaffari - March 10 1 2014 Direct Examination by Mr. Nace

1 this point in time.

2 MR. NACE: May I re-approach the witness?

3 THE COURT: Sure .

4 Q. (By Mr. Nace) Sir, re-handing you this particular s exhibit, when you perform these weddings before, do you typically sign off as a witness having performed a wedding ceremony?

8 MR. CORBITT: Please the Court, objection as to any relevancy regarding what he's done in the past.

10 We're only worried about 11 THE COURT: Overruled.

12 INTERPRETER: Can you repeat the question?

13 Q. (By Mr. Nace) Yes. With regard to the eight to ten wedding ceremonies Mr. Ghaffari has performed in his years, does he typically sign and certify that the parties were united in marriage?

17 A. Usually I write the name of the couple, the people who are getting married, in the marriage portion and all the information in a piece of paper and they sign it.

21 Q. And there's no question in Mr. Ghaffari•s mind that this piece of paper that I offered as Exhibit 1 is his signature and nobody else 1 s?

24 A. This is my signature for sure.

25 MR. NACE: Pass the witness.

Kimberly Tinsley, CSR #3611 (972) 548-4247

Page 109 of 131 Aslan Ghaffari - March 10 1 2014 Direct Examination by Mr. Nace

1 MR. CORBITT: Please the Court. May have I approach?

3 THE COURT: Sure.

4 MR. CORBITT: Judge, this is using my time?

5 TRE COURT: Yes, sir. Cross-examination, direct examination, all that stuff is what you've got.

7 CROSS-EXAMINATION BY MR. CORBITT: 9 Q. Mr. Ghaffari, I'm sorry, sir. That list here, does that say Ph.D in C-0-R-0-M-I?

11 INTERPRETER: C-0-N?

12 MR. CORBITT: Whatever it says, sir. I didn't write it.

14 INTERPRETER: That says economy. That's an E you're missing.

16 A. Ph.D in Economy.

17 Q. Okay. And there's no filing on the bottom of it, is there?

19 A. No. 20 Q. These weddings that you performed, these eight to ten in ten years. How many in the United States of America?

23 A. Some of them were here, yes.

24 MR. CORBITT: Pass the witness.

25 MR. NACE: Briefly, Judge.

Kimberly Tinsley, CSR #3611 (972) 548-4247

Page 110 of 131 Aslan Ghaffari - March 10 1 2014 Redirect Examination by Mr. Nace

1 REDIRECT EXAMINATION BY MR. NACE: 3 Q. On what date did you perform the wedding ceremony of Maryam and Amir?

5 A. I don't remember.

6 Q. With regard to -- 7 A. It is written right here.

8 Q. That would be December 12th, 2009, correct?

9 A. Yeah, it has to be correct.

10 Q. Would you ever put a different date down than the date you performed a wedding ceremony? Would you ever put a different date down other than the date you performed a wedding ceremony?

14 MR. CORBITT: Objection, speculation on the part of this witness.

16 THE COURT: Sustained. Well, respectfully, I don't care.

18 MR. NACE: Pass the witness.

19 MR. CORBITT: Pass the witness.

20 THE COURT: This witness excused or reserved, Mr. Nace?

22 MR. NACE: Excused, Your Honor.

23 MR. CORBITT: Yes, sir.

24 THE COURT: Mr. Ghaffari, I have a couple of questions. They may have some others. Did you know

Kimberly Tinsley, CSR #3611 (972) 548-4247

Page 111 of 131 Aslan Ghaffari - March ~o, 2014 Redirect Examination by Mr. Nace

1 the man that was participating in the wedding that we've been talking about?

3 THE WITNESS: No, I didn't know him.

4 THE COURT: No relation to you?

5 THE WITNESS: No. 6 THE COURT: Then nevermind. You can step down. He's free to go. He can remain if he wants, but if he wishes to leave, he can.

9 Will we be needing this translator for anything else, Mr. Nace?

11 MR. NACE: Yes, Your Honor, for one other witness. I'll just step in the hallway and get the next witness.

14 THE COURT: For the record, Mr. Nace, who is your next witness?

16 MR. NACE: Yes, Your Honor. This is Farid Rastegar.

18 THE COURT: Sir, come up, come around and ~9 have a seat in that black chair over there for me. Please speak directly into the microphone on your right.

21 And if you would please spell both your first and your last name for my court reporter, I'd appreciate it.

23 THE WITNESS: I need a translator.

24 THE COURT: Okay. Mr. Nace, I'll need your translator. Come on back up.

Kimberly Tinsley, CSR #3611 (972) 548-4247

Page 112 of 131 Filed: 6/9/2014 5:04:36 PM Andrea S. Thompson District Clerk Collin County, Texas !;ly Carla Mahan Deputy THIS DOCUMENT CONTAINS SENSITIVE INFORMATIO~velope 10: 1488793 NO. 401-56531-2013 A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGER ARASH FARAHMAND § AND § MARYAMFARAHMAND § 401ST JUDICIAL DISTRICT § AND IN THE INTEREST OF § § , § A MINOR CHILD § COLLIN COUNTY, TEXAS BUSINESS RECORDS AND AFFIDAVIT Petitioner, Roger Arash Farahmand, submits certa in business records o f Post Legacy Apartments, together w ith an affidavit by the custodian of records, V icki Cha lker , for filing in the above numbered and styled cause. These records are attached hereto.

These records will be offered in evidence on the trial of the captioned cause.

Pursuant to Ru le 902( 1O)(a) of the TEXAS R ULES OF EVIDENCE, these records may be made available by the Court Clerk to counsel for pa1ties to the litigation for inspection and copying at the expense of the person desiring the copies.

Respectfu lly submitted, Is/ Ike Vanden Eykel IKE VANDEN EYKEL State Bar No. 20485500 E-mai l: ike@koonsfull er.com REBECCA TILLERY State Bar No. 24060729 EXHIBIT E-mail : [email protected] KOONSFULLER t-i Page 1 of 19 Busi.ness Records and Affidavit- Post Legacy Apartments Page 113 of 131 A Professional Corporation 1717 McKinney A venue, Suite 1500 Dallas, Texas 75202 (214) 871-2727 (214) 871-0196 Fax -and- Bradford Nace State Bar No. 24007726 E-mail: [email protected] Nace & Motley, LLC Crescent Court, 7th Floor Dallas, Texas 75201 (214) 459-8289 (214) 242-4333 Fax Attorneys for Roger Arash Farahmand

Page 2 of 19 Business Records and Affidavit - Post Legacy Apartments Page 114 of 131 EXHI.BIT "B" ~().401-56531-2013

A SUIT TO D.ECLARE VOID § IN TliE DISTRICT COURT THE MARRIAGE OF § § ROGERAllASH FARAHJ,1AND § Al"W § .1\fAR.YAl\f FARAHMAND § 401ST JUDICIAL DISTRICT § AND IN THE INTEREST OF § § , § A l\1INOR CHILD § COI.tlriN COUNTY, TEXAS

BUSINESS RRCf>RilS Af):.,.JJ)AVJT OF POST LEGACY APARTMENTS STATEOF-T~ § Gf+ § COUNTYOFeet:t;t;IN ~u l~§

BEFORE ME, the undersigned authority, personally appeared - , (l \l \CJ( l \ hl\\t-t_( . ,and swore to the truth of the folJovving: "My name is \\ \LK\ C,hO lKtY . I arn of sou11d mind~ capable of making this affidavit~ and personally acquainted with the facts herein stated, which are true.

"I am the custodian of the records for Post Legacy Apartn1ents, 5741 Martin Road) Plano, Texas 75024. Attached hereto are _J5__ pages of records from

Business Rer.onJ!J Arthhnit of Post l..l.'.gacy .\partlncnts Page 1 ofl Page 3 of 19

Page 115 of 131 my office. These records are kept in the regular course of business, and it was the regular course of business for me or an en1ployee or representative: \\~th knowledge of the act, event, condition, opinion) or diagnosis, recorded to tnake the record or to transn:Ut infonnation thereof to be included in such record; and the record \vas made at or ncar the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original.''

\\l(tk.\ l-h OU iL~Y (Name P:rinted) ¥. •.

STATE OF FEK-A£ G A § § COUNTY OF et1.L"i:tN t=u L+or'l

SIGNED under oath before me on LfYl~~ q 1 N. 0 I L.j 2014.

Q~~~ Notary Pub1ic1 State ofTexas

Page2 of2 Page 4 of 19

Page 116 of 131 Post Residential Rental Agreement

This Agreement made this 1 day of December, 2009 is between Post Legacy, L.P., a Georgia limited partnership, through its agent Post Apartment Homes, L.P., a Georgia limited partnership (hereinafter called "management" or "Post") and Amlr Bagherkalantarii Maryam Parviz·Khyavi (hereinafter cahed "resident• or "you" or 'Your"). Post rents to you, and you rent from Post, apartment no. 2262 at 5725 Marlin Rd. Plano, TX 75024 (hereinafter called "apartment") at Post Legacy, located at 5741 Martin Road, Plano, Texas (hereinafter called the "promises") under the folfowing terms and conditions: 1. TERM: The initial term of this agreement shall begrn at 12 noon on 'becember··t.'2009,.-and end at 12 nocn on November·30.

2i11o:·. · ..

2. POSSESSION: ff there is a delay in delivery of possession, rent shall be abated on a daily basis until possossion is granted. If possession is not granted within seven (7) days after the beginrJng day of Initial term. then you may tenninate this agreement and have full refund of any deposit. Post shall not be Uable for damages for delay In possession.

3. RENT:~ Rent is payable each month in advance In the sum of Six hundred Sixty Five and 00/100 Dollars ($665.0Q).on the flrsl day of each month during lhe initial or extended term or this agreement at the office of management or such other place as Post may designate. AU rent shall be paid by personal chock drawn on your personal account, cashier's check, certified funds or money order. Post may, bulls not required to, accopl rent through direct c!eblt, ACH, or other cleclronic means established and approved by Post. Post shall have the right to refuse any tender of payment in cash. Any additional sums or charges due from you for storage or garage or because of a breach or violation of this lease agreement shall be due as additional rcnL Such additional sums or charges shall also Include, but are not limited to, damages exceeding normal wear and tear to the apartment or to the apartment community property, when such damages are caused by you or your occupants, guests or invitees. Only after total rent (which shall Include said ''additional sums") Is tsndered will rent payment be accepted.

4. LATE PAYMENTS AND RETURNED CHECKS: IV1 fInitials .2J/? Time is of the essence of this agreement After the third day of the month rent shall be late, and a late chars;e ln the amount ~ '..i of 10% of the full monthly rent shall be due as additional rent. tr Post elects to accept late rent you shall tender all late rents, dispossessory warrant costs, and administrative flUng fees to Post only by cashier's check, certified check or money order. In the event your rent check or any other check \vritL~ by you or any direct debit, ACH, or other electronic payment made by you or on your behalf is dishonored by the bank, you shall pay Post a service charge in the amount of $30.00 rn addition to the amount of the check or payment, any late charges, and any other amounts owed. Returned checks (NSF's) and any other rejected direct debit. ACH, or other electronic payment shall be redeemed by cashier's check, certified check or money order. ftJter any rent check, direct debit, ACH, or other eloctrcnic payment ls dishonored, you shall pay all future rents and charges only by cashier's check, certified check or money order.

5. SECURfTY·"l:)EPOSit ANDRE-KEYING LOCKS FEE: You agree to deposit $0.00 b!3fore taking possession of the apartment as security tor your fulfillment of tho conditions of this agreement, to be returned to you (less Lawful Deductions) within th!rt-J (30) days after the apartment Is surre~dered If: (a) Lease term has expired or this agreement has been terminated by both parties; AND (b) You satlsf\t"a stxtv 160) day written notice to vacate: AND (c) Ali monies due Post have been paid In full; AND (d) Apartment Is not damaged and Is left In l!s original condition, nollllal wear and tear excepted.

Othcr.\ise 1 tho deposit may be applied by ?ost to satisfy all or part of your obligaVons and such a:l shall not provcnt Post from daiming damages In excess of the deposil You agree not to apply the deposit to any rent payment.

You wiil be liable for the following charges, If appllc.:!ble, as Lawful Deductions: unpa~d rent; accelerated rent; unpaid ulflities; tmreimbursed servite charges; Earfy Termination Fees; canceflatlon fees; revokedTCflt conccssiorr·crodits;Tepatrs·or-· · · -· · ·---- - ... ·- -- - · ·-· .. damages caused by neglisence, carelessness, accident, or abuse, including stickers, scratches, tears, burns, stains, or unapproved holes; replacement cost of our property that was In or attached to the apartment and ts missing; replacing dead or m!ssing smoke detector batteries; utilities for repairs or cleaning; unreturned keys and access devices; removing or rokoylng unauthorized sewrity devices or alarm systems. pad<lng, removing or storing property removed or stored under Paragraph 37; removing illegally parked vehicles; anlrrtal-rclated charges; late-payment and returned-check charges; aUomey's fees, court costs and filing fees actually paid; and any other sums due under this agreemenl It you abandon your apartment, we will return your security deposit (less Lawful Deducllons) to you within thirty (30) days.

Surrender or abandonment ends your right of possession for all purposes and gives us tho immediate right to: clean up. make repairs In and relet the apartment; determine any security deposit deductions: and remove properly left In the apartmenl You further agree to pay $25.00 as a fee for re-keying locks if all keys are not retumed.

6. RENEWAL TERM: Either party may terminate Ul!s agreement at the end of the Initial term by giving the other party 60 days' WRlTTEN NOTICE prior to the end of 1he term. SPECIFlCALLY, RESIDENT AGREES TO PROVIDE AT LEAST60 DAYS' WRITTEN NOTICE BEFORE THE END OF THE IN mAL LEASE TERM IN ORDER TO TERMINATE THIS LEASE AT THE END OF THE lNITtAL TERM. Without 60 days' prior written notice, then this agreement villi be extended fer 60 days from the end of Ule iniilal term with all terms remaining the same. The agreement will continue to be extended for 60 day incremen:s untlJ terminated, as of tho last day of a calendar month, by etther party provld!ng at least 60 days' WRmEN NOTICE to the other party. You agree thal al the end of tho Initial term of this lease agreement. or at any timo thereafter, Post shaD have the right to increase the rent due under Paragraph 3 by giving you 75 days' wdtten notice, and such Increase shall not terminate

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I this lease agreement ADDITIONALLY, SEE "NOTE" BELOW.

NOTE: POST'S EMPLOYEES ARE NOT AUTHORIZED TO ACCEPT A VERBAL NOTICE OF A LEASE NON-RENEWAL, SURRENDER, TERMINATION, OR EARLY TERMINATION (AS FURTHER EXPLAJNED IN THE NEXT PARAGRAPH) FROM RESIDENT, AND THE RESIDENT HAS NO RIGHT TO RELY ON ANY STATEMENT BY POSlS EMPLOYEES THAT A VERBAL NOTICE IS ACCEPTABLE. RESIDENTS NOTICE MUST BE IN WRmNG, DATED, SIGNED BY All RESIDENTS AND SPECIFY THE MOVE·OUT DATE. RESIDENT SHOULD CONFIRM RECEIPT OF THE NOTICE BY POST WITH THE AUTHORIZED SIGNATURE OF A POST REPRESENTATIVE USfNG POSTS PRESCRIBED FORMS.

RESIDENT SHOULD KEEP A SIGNED RECEIPT OF THE WRmEN NOTICE FOR HISIHER PERSONAL RECORDS IN CASE OF ANY DISPUTE AS TO WHentER SUCH NOTICE WAS GIVEN AND RECEIVED. IF RESIDENT DOES NOT OBTAIN A SIGNED RECEIPT OF THE WRITTEN NOTICE FROM POST, OR IF POST DOES NOT HAVE A SIGNED ORIGINAL NOTICE FROM RESIDENT, THEN IT WILL BE PRESUMED THAT ltESIDENT FAJLED TO GIVE A PROPER WRmEN NOTICE.

You agree that Post, periodically during the term of this Agreement or any extension or renewal hereof, may obtain a bacKground report. Including informauon as to your credit and criminal history, In connecUon wiU1 this Agreement and thal the Agreement may be non~renewed based on lnfonnation contained In the reports.

7. EARLYTERMINATION: M_Qanitials .~ Provided you are not in default of this agreement at the time of giving written notice or thereafter and strictly oomply with a:J the '77./ provisions of this paragraph. you may terminate this agreement before expiration of the initial term by: (a) Giving Post thirty (30) days' ·written notice. Termination wUJ not be effective until 30 days after receipt by Post of such written notlco; PLUS (b) Paying an monies due through date of tem1ination, induding, but not limited to, the payment of proralod rent and previously received rent concession credits; PLUS (c) Paying an early tennination fee equal to two months' rent, plus the amount of your security deposit.

All terms and conditions of this paragraph must be saUsfled before your lease wlll be tenninated. Failure to comply wilh all terms and condiUons of this paragraph wtU result In your cont1nued Uabillty under the tenns and conditions or this agreemenL Additionally, your elecUon for early termination shall not relieve you or your respons1bllllies and dJJigatlons regarding any damage beyond normal wear and tear to the apartment.

8. NO ASSIGNMENT OR SUBLETTING: You may not sublet apartment or assign U1is lease agreement without prior \Witten consent of Post.

9. DISCLOSURE: Post Apartment Management, a division of Post Apartment Homes, LP., whose address Is Suite 800, One Riverside, 4401 Northside Parkway. Atlanta, Georgia, 30327, is authorized lo act on behalf of the premises owner and management with respect to this agreement, to manage the apartment and the premises and is the premises owner's and management's duly designated agent for setViGB of pro~~ with respect to a('Y matter arising under this agreement · 10. UTILmes: · · · You must pay charges for all utilities provided to the apartment, Including, but not limited to, electricity, natural gas, water and sewer, cable TV and telephone. \I'Jhere applicable, your utility bills mayindooe a one-time deposit, flat fees, oommon usage charges and any Increases as billed by the utflity provider. You must put all utilities In your name Immediately upon signing this agreement. and pay all utility bills promptly. You must not aUow your utilities to be disconnected, te."'mlnated or Interrupted for any reason, including for a failure lo pay your b~is. Breach of this provlsfon shall constitute a material default by you. If Post incurs any utility charges or lato fees associated with your utility bills, they will be charged to you as additional renL You agree U1at Post can change the methodology by which you are billed for utilities wilh thirty (30) days• written notice. You further · -·-----···-·agree and consent that Post;1o·the·cxtentallowed·by taw; has the right-to designatlf'W""'"h't>jour ufdlty provlderifWill be.·To Die extent thal you have a right to choose a rotan electric provider, you agree, for t"'e mutual benefit of both you and Post. that you will choose a rotail electric provider that Post has chosen for the common areas and common faciiiUos of the prcrrJses.

WATER AND WASTEWATER UT1LITY SUBMETERING OR AUOCAliON.

Water or wastewater utility service is provided by Post on a sub metered or allocated basis, in which case the provisions of the Water and Wastewater Utlllty SubmelerJng or Allocation provision In Paragraph 38 shall apply.

11. FIRE: rr apartment is made uninhabitable by fire not ~e fault or negligence of you, this agreement shall be tennlnaled.

12. HOLD OVER: You shall remove all of your property and deliver possession or apartment in a clean condJUon and good order and repair to Post upon termination, non-renewal or expiration of this agreement In the event you fall to vacate the premises after termination. non-renewal or explratlon, then you shall pay Post an amount equal to two tlmcs the then exlstlng rental rate, prorated by the day for each day held over and beyond the te:mir.ation, non-renewal or expiration of this lease agreement in addition to any other damages. After termination, non-renewal or expiration of this agreement. you ·shaU be deemed to be a tenant at sufferance. Post shall also have the right to store or dispose of any of your properly remaining on the premises after termination of this agreement.

13. RIGHT OF ACCESS: You agroo and consent that Post shall have the right of access to apartment without notice, for Inspection ar.d maintenance during roasonable hours. In case of emergency, Post may enter at any time to protect life and prevent damage to the property. You automatlcany authorize Post to sh0Y11he apartment to prospective renters ar~ you have given notice or termination.

14. USE: Apartment shall be used for residential purposes only and shaH .be occupled only by the person(s) named in your application to lease. Substituion or addition of any occupants wlll be allowable only Vlith prior written consent of PosL An occupant Is defined as any person I:Sted on ycur lease application as an occupant. A guest is defined as any person who enters your apartment. or upon 1he apartment premises, by your expressed or implied lnvllaUon or by an occupanrs expressed

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or implied lnv11atfon.

You, an occupant. or any guest shall not usc apartment or per.nlt it to be used for any disorderly or unlaWful purposo or In any manner so as to Interfere with other reslden!s' quiet enjoyment of their apartments. You, an occupant, or any guest shall not violate any federal, state, county or municipal laws or ordinances while at the apartment premises or whlle In tho apartment.

Any violation of this provision by you, an occupan~ or a guest may be considered to be a material breach of this lease agreement and grounds for a dispossessory action or an eviction.

You, an occupant, or any guest shall not engage In criminal actfvity,Jncluolngdrug-relaled criminal activity, on or near the apartment community. "Drug-related criminaJ activity" means the illegal manufacture, sale, distribution, usa or possession wfth intent to manufacture. sell, distribute, or use or a controlled substance (as defined In Section 102 of U1e Ccnlrolled SUbstance Act (21 USC 802)). You, an occupant or any guest shall not permit the apartment or premises to be used for, or to facilitate, criminal activity (speclficany Including drug-related activity), regardless of whether the tndivldual engaging in such activity Is an occupant Of a guest You, an occupant. or any guest shall not engage In acts of violence or threats of violence, lnduding, but not limited to, the unlawful discharge of flream1s, on or near the apartment community. Any violation of this provision by you, an occupant, cr any guest may be considered to be a material breach of this lease agreement and grounds for a dispossessory action or an eviction.

15. RISK OF LOSS: Initials ~You agree to maintaln comprehenshJe Insurance covering loss or damage to person or property. including, but not Umlted to, Insurance on personal property or property of other persons from protectton of Joss due to or caused by thsft, vandaUsm. damage to vehicles, fnstadatfon and removal of aerial or salellftc dishes, bursting or brcaldng pfpos, by or from fire, windstorm, hall, flooding, leakage, steam, snow or Ice, by or from running water, backing up of drainage pfpas, seepage or the overflow of water or sewage on Ole property of which your apartment is a part. You agree to look only to your insurance for any loss or damage to your property or person. Such Insurance shall be maintained by you for your benefit as well as for the benefit of Post. Post shall not bo liable for damage, theft, vandalism, breakage of glass, or other less of any kind to your personal property or the personal property of your occcpants, guests, or invitees, except where such damage Is due to Post's gross negligence or JntentlcnaJ misconduct. It Is understood and agreed that Post shall not be responsible fer or liable to you or to those dalmlng by, through or under you tor any loss or damage to either person or property that may be occasioned by or through tho acts or omissions of persons occupying adjacent. connecting or adjoining premises, or by or through tho acts or omissions of third parties, indudlng Independent contractors hl:ed by ?ost.

At any time prior to or after execution of this lease agreement, Post may, but is not required to, demand from you proof, in a form acceptable to Post. of such Insurance coverage. AllY failure or refusal by you to provide such proof within five buslness clays of such demand shall constitute a material breach of this lease agreement Post's demand for or failure to demand, receipt of or failure to recelve, or review of or failure to rev1ew any proof or other evidence of coverage shali in no way be ceemed an acknov.4edgement or endorsement by Post of the adequacy of such coverage.

16. PETS: No animals, birds, or pets of any kind shall bo permitted In apartment or on premises without prior written consent of Posl Exceptions are made for trained aid cmlmafs for the d!sabl!!d. AI:owing a pet, Including the pot of a guost. to stay In the unit for more than fourteen (14) days in any one year period without prior written permission from Management and lhe payment of the Pet Privllege Charge shall conslitute a material breach of this agreement. Post's written consent must be contained ellhcr in this lease agreement or ln an Addendum to this lease agreement 17. INDEMNIFICATION: You release Post from na.bllity for and agree to indemnify Post against all losses rnamed by Pos! as a result of- (a) your fa!lure ID fulfdl any condition of this agreement; .. (b) any damag~-~ lnlu_ryJt_~~~~n.g.frl.~~ -"'~O'~ ltt..!L~I?.~~ent or prl:lm~e.$, ~Q.Y.QYr.Jn'lliees..orJlcensees or such person's..- .. ·-·· -· ·· -·properryunconnected with Posrs negligence: (c) your faUure to comply with any requirements Imposed by any gove:nmental authority: and (d) an~· judgment, lien or oU1er encumbrance filed against apartment as a result of your actions.

18. FAILURE OF MANAGEMENT TO ACT; Failure of Post to insist upon strict compliance \'Vfth the tenns of this agreement shall not constitute a walvcr of any vlolat:on.

19. REMEDIES CUMULATIVE: All remedies under this agreement or by law or In equity shall be cumulative. In a legal proceedlng as to any breach of this agreement the prevailing party shall be enliHed to reasonable attorney's fees and an expenses of litigation. inciuding, but not limlled to, court costs and administrative filing fees.

20. NOTICES: Any notice required by this agreement. except as otherwise set forth in Paragraph 6, shall be In vniting and shall be deemed to be given If delivered personally or mailed by registered or certified mail (a) If to you. to the apartment or your last known address; (b) if lo Posl, lo 1hc property management office for the premises tfsted In the opening paragraph of this agreement 21. REPAIRS: You accept apartment in "as is• condition as suited for the use intended. You understand and agree that the apartment, equipment and fixtures wm be under the control of you, and agree to keep said apartment, together ·wilh the fixtures at1d equipment therein, b a dean, sig.;Uy and sanitary conditio:l. Post wiD make necessary repairs to apartment viith reasonable promptness after receipt of M1l!m notlce from you. Verbal notice is lnsufficlenllf any damage, beyond normal wear and tear, is caused by you or your occupants, guests or Invitees, you agree to pay Post the cost of repair as addiUonal rent. with lhe naxt rent payment. You may not remodel or structurally change the apartment, nor remove any flxturo or equipment therefrom without prior written consent of Post If (a) you have delivered the required written notlce(s) to repair or remedy a condition of the type that materially affects the phystcaJ health or safety of an ordlnary tenant, (b) you were not delinquent In paying rent at the time such notlca(s) were delivered. and (c) Post has failed to dlllgently repair

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or remedy such condition withtn at least 7 days, you may have certain non·Judlclal remedies Including tennlnatlon of the lease or repalrlng the condition and deducting such repair expenses from rent. The requirements and conditions that must be satisfied In order for a tenant to exercise these non-Judlclal remedies are set forth and described ln Sections 92.056 and 92.0561 of the Texas Property Cede. If you aro oltglble to terminate the lease, you may also be entitled to either a pro rata refund of rent, a deduction of your security deposit from rent, or a refund of your security deposit In accordance with applicable Jaw. If you are eligible to repair the condition and then deduct the expenses from rent, there are specific requirements In Section 92.0561 of the Texas Property Code regarding additional notices that must be denvered, restrictions on who can make the repairs, and limitations on the amount of repair expenses which can be deducted from rent. In addition to the above-described non-judicial remedies, you may also have certain judicial remedies that are described In Section 92.0563 of the Texas Property Code. Resident Is hereby notified, and understands, that, during the term of this agreement, lndudlng any extension or renewal hereof, rehabilitation, repair, and maintenance prolects may be conducted on lho premises, Including in unlls, common areas, amenities. parking areas, and on tho exterior and interior of buildings. Post Is not obligated to undertake or conUnue any particular project The possibility of any project has not lmj)acted your decision to enter Into this agreement If a project occurs, such project will continue for as long as necessary until terminated or completed in Posrs sole discretion. Such projects may, at limes, create unfavorable conditions, Including but not limited to: obstruction of common hallways and breezeways, obstruction of parking areas, obstruction of balconies, decks, and \"Jindows, temporary or permanent closing and/or changes to amenity areas, limited use of elevators, dust, debris, odors, and noise. Resident acknowledges that Resident may experience unfavorable conditions related to such projects and Resident agrees that such conditions, individually or collecHvely, will in no way constitute a breach of Ulis agreement, Including the covenant of quiet enjoyment, or serve as basis for any claim by Resident against Post for constructive evlcllon or a reduction In renl 22. ABANDONMENT: If you remove or attempt lo remove personal property from the pfBmises oUter than in the usual course of conUnulng occupancy, without first having paid Post all monies due, or after the termlnatJon of this agreement. the apartment and/or garage and/ot storage bin may be considered abandoned, and Post shaD have the rlgh~ \vlthout noUco, to store and/or dispose of any property left on the premises by you, pursuant to Texas stawtes. You agree and consent that any such property shall be considered Post's property and title shall vest In Posl Post, In its sole discretion, shall have the right to determine other circumstances under which It oonslders the apartment and/or garage and/or storage bin to be abandoned.

You agree that such circumstances as evidence of ab~ndonment of the premises Include, b~t are not limited lo, lhe failure to pay rent or other charges, discontinuance of any utility service, faUure to respond to any notices, phone calls or correspondence from Post. or removal of your personal property from the apartment and/or garage and/or storage bin. In the event the aparbnent and/or garage and/or storage bin is abandoned, Post shall have the rfghl, without notice, (1) to secure the apartment and!or garage and/or storage bin with new locks, (2) to store and/or dispose of any personal property or possessions left on the premises by you or your family, occupants, guests or Invitees, or (3) to re-rent the apartment and/or garage and/or storage bL'l for new residency. You agroo that Post shall have no liability for any actions taken to secure tho apartment and/or garage and/or storage bin, obtain possession or the apartment and/or garage and/or storage bin, or store or dispose of any personal property or possessions found In tho apartment and/or garage and/or storage bin when Post deems the apartment and/or garage and/or storage bin to have been abandoned. You acknat'olledgo arx! agree that Post's acts or failure to act with regard to securing the apartment and/or garage and/or storage bin, obtaining possession of the apartment and/or garage and/or storage bin or storing or disposing of any. personal property or possessions found in lhe apartment and/or garage and/or storage bin under cireumstance8 which, are. or may Indicate abandonment. are a contractual matter to which you have given your consent, and any aneged breach shan not give rise to a claim In tort nor to a claim for punitive c!amages.

23. LENDER'S RIGHTS: Your lights under this agreement shall at all times be subject to and subordinate to any deed to secure debt. mortgage, or any other security Instrument which Is now or shall hereafter be placed on premises of which apartme."lt Is a part If requested, you shall executa promptly any certificate that Post may request speclflcally to Implement the subordination of your lease.

2~. DEFAULT BY YOU; If you fail to pay any rent or other charges as and when due hereunder. or if you abandon the apartment ·- ······-··-······· or faiHo·perfonn any ofytJur-obllgation~hcreunder;-cr If you~violale any provistcn·of·thts··agreemonnrl'-anY adoitio·nw rules· anc· regulaUons, or If you violate any criminal laws on the premises, regardless of whether arrest or conviction ocoors, or if any fa~ confalnod In your rental application aro untrue or misleading, then, upon the happcn!ng of any said events, you shall be in default hereunder and Post may at Its opilon eilher {a) terminate th1s agreement, or (b) termlnate your rights of possession without terminating this agreement, by written notice to you. You shall surrender possession of the apartment and any storage or Garage area to Post upon the effective date of such termination notice and you shall be liable to Post for, and shall Indemnify Post aga!nst, all rent loss and other expenses (for re-letUng, cleaning or otherwise making tho apartment suitable for re-letting) suffered or incurred by Post as a result of your derault and the lenninatlon or the agreemenL Post's application of the security deposit (If any) sha9 not rellove you of liability for any other rent. charges. damages or other costs untU the lenn of this agreement expires or 1he apartment is re-rented, whichever comes firsl Once you have vacated the apartment, you will be sent a statement of deposit that may Indicate a balance cue to Posl My such balance outstanding thlrty (30) days after mailing of the statement sha!J bear Interest at lhe rate of 16 percent per annum. Interest on the debt evfdenced by lhis agreement shaft not exceed lhe maximum amount of non-usurious lntcrest that may be contracted for, taken, rese.rved, charged, or received under law and any interest in excess of lhat maximum amount shall be credited on the prindpat of the debt or,lf that has been paid, refunded.

Notwithstanding the filing of a dispossessory proceeding or an eviction and the Issuance and execution of a writ of possession on account of any default by you, you shall remain liable to Post for an rent and other chargea accrued through the date en which possession Is obtained by Post and shall continue to be liable for any rent accruing thereafter untll the earller of (a) the explratlon of the term of this agreement; or (b) the re-rental of the apartment.

25. MANAGEMENrS PERMISSION OR CONSENT: If any provision of this agreement requires the permission or consent of management as a condition to any act by you, such permission or consent must bo in writing and may be granted or withheld

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in the sole dlscrction of Post. may contain such conditions as Post deems appropriate, shall be effective only so long as you comply with such oondiNons and may be modified, ravol<ed, or withdrawn by Post at any time at Post's sole discreUOn, upon notice to you.

26. PACKAGE RELEASE: By signing this agreement you 3U!horlze Post to accept any packages which are delivered by mail, or otherwise. You understand that Post vJIII not accept any package shipped COO or having postage due. If Post does accept a package for you, you agree ll-tat Post will have no responsibility to examtne the condition, or determine the contents, or take any precautions in !he handiL'lg and storage of the package. Post accepts packages solely as a favor to you, without conslderaUon, and you release Post from any claim you might otherwise have for loss or damage suffered as a result of Post's accepting, refusing to accept, holding, stor!ng, handling or disposing of any such package, even If such loss or damage Is due to the negligence or other act or omission of Posl AddiUonally, you agree to Indemnify Post for any such claims made by a third party. You, and not Post, absolutely assume all risks of damage, theft, destrucOon, or loss for any reason of any package received by Post. The term "package" Includes ar.y parcel, goods or other Items of value.

27. RULES AND REGULATIONS: (a) Signs: You shall not display any signs, exterior lights or markings at tho premises. No awnings or other projections shall be attached to the outside of the buading of which the apartment is a part. (b) Entrances, Hallways, Breezevmys, Walks and Lawns: Entrances, hallways, breezeways, walks, lawns and other public areas shall not be obstructed or used for any purpose other than Ingress and egress. (c) Antennas/Satellite Dishes: Radio or television aerials or satelHte dlshos, no larger than 1 meter In dlametor. are permissible within the apartment. Such permisslon does not extend to outside windows, doors and wal!s, nor to antemaslsatellite dishes that extend beyond a balcony railing or a patio line on a ground floor, nor can you damage the a;Jartment in the Installation or removal. You must keep your aerials and satellite dishes In good wortdng order and aj)pearance. (d) ~You agree to abide by all parking rBGUiaUons established by Post. By signing this agreement. you acknowledge that you have previously been provided by Post wilh a copy of all parking and towing regulations adopted by Posl No campers, recreational vehicles, boats, trailers, mobile homes, buses, commercial vehicles or mechanized equipment may be allowed on the premises without Post's prlor written approval. If Post has designated spaces for you to park or · areas for boats, trailers, campers or other vehldes. you agree to park only In those spaces so deslgnated. Non-operable, abandoned or unauthorized vehicles or equipment are not permitted on the premises. Any such non·operable, abandoned or unauthorized vehicle or equipment may be removed by Post al the expense or you or other person owning same, for storage or pubUc or private sale, at Post's option, and you or the person owning same shall have no right of recourse against Post therefore. The definition of non· operable. abandoned or unauthorized vehicles or equipment shall be liberally construed In favor of management In addition, but not limited to, their generally accepted definitions, ~unaulho.1zed" and •nOIW)perable• shall also mean vehicles which: 1. Are noxious, offensive, unsightly, llnpleasanl or unkempt such as could reasonably affect the appearance or rental marketabiflty of the premises or such as could reasonably cause embarrassment. discomfort, annoyance. or nulsance to Post or other reslde.1ts; 2. Are causing damage to the apartment complex or the parking lo~ tncludlng, but not limited to, all or gas leaks. seepage or spills. and motorcycle kickstands \'Vhich slnk Into the pavement; 3. Are not preViously approved and registered with Post as required: ~. Aso not property parked between parallel nncs or other lines marking spaces for parking: 5. Ase blocking access to any prohibited areas, designated "no parking" areas, fire lanes, flro hydrants, Ingress and egress travel lanes, entrances, exits, trash dumpsters or compactors, car.'Jash bays, or maintenance cr ser1lce areas; 6. Are left on blocks or jack slands; 7. Appear to be fn a stato of disrepair.

6. Appear to be incapable of self-propelled movement; 9. Do not have a proper license tag, proper handicap hang-tag, decal, or other designation, current license decal .. __v.alidallan.stl.d.<er...current.state. emissions Inspection stlc.lter or mlnlmum..appllcable.motoJ:.vehlde..Jnsurance. · Post may tow such a vehicle after giv.ng you at least ten (10) days' written noflce that the vehicle will be towed at your expense if not removed; 10. Are not owned by you.

An •abandoned motor vehicle• shall tndude, but is not limited to, any vehicle, motor vehicle or trailer which has been left unattended on the premises for a period of not less than thirty (30) days without anyone having claimed ownership of II.

Vehldes may not be repaired or washed on the premises, except In specfflcatly designated areas when they aro provided. (e) Combustible Materials and Heaters: No goods or materials of any kind or description which are combustible or V..'Ould Increase flre risk shall be kept or stored In the apartment, r.or shall such Items be taken to or placed In storage, balcony, patio or garage areas. You may not use gas, kerosene or electric heaters or any other heater other L"\an your apartmenrs buitt-in heating system. Post shall n~ be responsible for any loss or damage due to the storage or keeping of such materials. (f) Balcony or Patio: Balcony or patio shall be kept neat and ciean at all limes. No items shatl be stored, hung or draped on railings or other porUons of balcony or pauo. No charcoal or Uquld-flUod petroleum gas or liquid fueled burners, heaters, grills or other cooldng devices shatl be kindled or maintained on balconies or ground noor patios or othervllse In vio!ation of law. (g) Recreation, Storage, Service, and Amenities Areas: You agree lhat any recreation, storage, service, and amenities areas, if U1ey are available at U1ls property, are not provided as part of the related services or facilities under, or in consideration for, this agreemenl You also agree that Post may curtail or eliminate such services orfaclliUes in Its sole discretion, and you will not be relieved from t."le terms of this agreement or entitled to any reduction In rent If such servloes or facilities are curlaDed or eliminated. You agree to abide by rules and regulations established for use of recreational, storage, service, and amenities areas provided by Posl

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(h) Resident Ua~le for Actions of your Occupants. Guesls or ln\lltees: You shall be responsible and fiable for the conduct of your occupants, guests or Invitees. Acts or failure lo act of your occupants, guests, or Invitees In violation of this agreement, any addenda, or management's rulos and regulations may be deemed by management to be a breach by you. You acknowledge and agree to communlcate and explain all addenda, rutos and regulaUons, and the tenns of this lease agreement to your occupants, guests and lnvllecs. (1) Drapes and Shades: Afl drapes and shades installed by you must present a uniform exterior appearance. (j) Water Beds/Hot Tubs: You shall not have or keep any water beds or hot tubs tn tho apartment without p~or written penntssion of Post. (k) Conduct: You agree to handle your communications and conduct with management, including, but not limited to, Us agents and employees, or independent contractors and vendors hired by Post, and with all other residents, occupants, guests or invitees In a lawful. courteous and reasonable manner. You shall not engage in any abusive behavior either vcrbel or physical, or any form of Intimidation or aggression, directed at management, Its agents, employees, vendors or any other residents, occupants, guesfs, invitees, or any other person on the premises. lf requested by Post, you agree to conduct all further business in writing. Any acts of abusive behavior whether verbal or physical by you or your ocaJpants, guests or Invitees, shall be groW1ds for termlnatlon of this lease agreement and will entitle Post to exercise all of its rights and remedles for default. You agree not to damage your apartment or any other portion or the premises, Including but not limited to, the physical racillties, buildings, trees or landscape. You shaD be liable for all acts or (allure to act of your occupants, guests or invitees which result In damages to lha apartment or the premises. You shall remain liable to Post for any damages which exceed normal wear and tear and agree to pay Post promptly upon notice of suCh damages, notwithstanding whether the repairs have actuany been mado. Further, your acts or failure to act Which results In damages to the a;>artment or premises shall constitute grounds for lorrnlnation of this teaso agrcomenl Any amounts due from you because of damage exceeding normal wear and tear shall constitute additional renl (I) ~Jlove-ln: You agree and acknowledge that you have been given a properly signed list of any exlsUng damages to the apartment. have been given the right to Inspect the apartment and have approved this nst except as specified In wriUng to Post {m) Keys: Post may checkout keys to the apartment with your prior written permission specifically Identifying the individual or company you intend to receive a key. lt is your responsibility to return lhe checked out keys to Post the same day or to oover the cost of changing the locks to the apartmenl Resident acknowledges that Post does not provide lock out service after hours. (n) Mechanical Closet Resident will not use any mechanical closet for storage any type. or (o) Smoke Detectors: Post will fumish smoke de lectors as required by statute, and Post will test them and provide working batteries when you flrst take possession. Nter that. you must pay for and replace batteries as needed, unless the law provides otherwise.

28. ADDITIONAL RULES AND REGULATIONS. You agree and understand that additional rules and regulaUons may bo established by Post during the Initial or a renewal tenn. Such additional rules and regulations shall be effective five (5) days after b9tng personally delivered to you or mailed by certified or registered mall. You acknowledge that the availability of amenities ls subject to change In Post's sole discretlcn and that a:1y such change shan not oonstltute a breach of 1his agreerr.ent.

29. GENDER: In all references herein to •resident" or •you" or "your," the use of the slns;ular number Is Intended to include the appropriate number as the text of this agreement may require, and an gender references to malo or female are Intended fo bo gender neutral.

30. NO ESTATE IN LANO: This agreement creates only the ralatfcnshlp of landlord and tenant between Post and you: you have a usufruct only and not an estate for years; and no estate shall pass out of Posl 31. ENTIRE AGREEMENT AND SEVERABIL!TY: This agreement and any addenda, Including without limitation, rules and regulations, constitute the entire agreement between L'le parUes and no prior, concurren~ or subsequent oral statements shall be binding. lf any provision of thls agreement Js Invalid, such provision shall be considered deleted from this agreement and shall not Invalidate the remaining provlslons. You further agree that the terms and conditions of this agreement shall also .. apply.to.and.govemthe.lease..of.any_garasc.and/or.storage bin except as to the term, use,.rental amountrand.notlce ... _.. _····· ····-····· -· · -··--·-··------ provisions.

32. JOINT AND SEVERAL LIABILITY: Each parson \VhO signs this agreement understands and agrees that their liability hareundor is both joint and several with avery other person who signs this agreement.

33. SUCCESSORS AND ASSIGNS: Subject to Paragraph 23, aJI provisions contained In this agreement shall be binding upon, Inure to the benefit of, and be enforceable by the successors and assigns of Post ti f),APARTMENT SECURITY ACKNOWLEDGMENT: tJ!..lf'nltials ..... ., / Post does not provide or guarantee security for personai safety or property of you. your occupants, guosts. or Invitees. Post Is /-~-) not obtigatcd to warn you of crime, to prov!dc security, or to reduce the risk of crime on the premtses. You agree that Post Is not responsible for lhe actions of or any damages caused by other residents, guests, lntruders, or trespassers. You agree that you will Inspect your apartment residence continuously after occupancy to make sure that any Post-provided smoke detector, flre extinguisher, and door and window locks are adequate and In good working order. You promlse to give immediate wriUen noUce lo Post lf.you determine ihat any of these Items. or any other Item affecting the safety or security of your residence. need repair or replacement. Provision of any Items or services that could relate to community safety does not In any way obligate Post to provide for the safety or security of you, your occupants, your guests, your Invitees, or your property. \'Vhile oourtesy officers may reside within the communlly or temporary guard patrols may take place, these indlviduals do not have any responslbiity for your personal safety or security. and courtesy officers may move out or guard se!Vlces may terminate at any time without notice to you. You agree to look solely to public pollee authorities for security and protection. ln the event of loss or Injury due to criminal actlvUy on the premises, you agree to look solely to your Insurance against such losses and agree to hold Post hamlless from any cl.aims for damage dua to criminal acts.lfyour rosldenco has an Individual security system In I~ Post did not Install, design, or manufacture the security system, and Post does not activate. operate, maintain, or

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monitor the security system. You agree that Post shalf have no liability whatsoever with respect to the Installation, design, manufacture. use, operation, maintenance, monitoring, effectiveness, or functionality of the security system. It Is your declslon whether to activate the system. and any such activatlon must be arranged through an independent security company under an agreement vlith lt. You agree that it Is your responsibility to learn from the security company how to properly operate the security system. and you understand that the security company Is solely responsible for all aspects of tha security system.

Whatever amounts the security company charges you for the use of the security system are payable directly to that company and you, not Post, are responsible for the payment of such charges. Post fs not responsible for the acts or omissions of the security company and docs not guarantee or warrant the services of the security company In any respect You agree 1o hold Post harmless from any and all dalms for losses of any type arising from any aspect or the security system, and you agree ·to look to your ov.m insurance for any loss due to personal injury, death, or property damage.

35. MOLD: You are hereby notified that the premises may be subject to the infestation of mold or mlldeo.v if not properly maintained. if leaks or other water damage occur, or If excess moisture Is allowed to accumulate. If moldy materials are allowed to grow, exposure to mold organlsms and associated products can occur through inhalation or direct physical contact.

While most molds that are routineJy encountered are not hazardous to healthy individuals, some uncertainties exist concerning the potential results of mold exposures In buildings. People who have experienced continued or heavy exposure or are sensitive to some chemicals produced by molds (mycotoxins) may report symptoms similar to those associated with asthma, hay fever, or other allergies. To reduce the chance of such potential conditions or exposures, you must take steps to prevent mold growth. must arrange for proper actions If mold is discovered, and must comply with the other requirements set out In this agreement.

You acknowledge that the most reliable methods for Identifying the presence of mold or mildew or conditions favorable to Ulcir growth are: (i) routine visual inspections for mold growth, signs of leaks, water damage, and wetness; and {ii) odor Inspections for sources of mold odors. Whenever leaks. water damage, wetness, mold, or mildew are fdentlfled, they must be addressed immedtately.You agree to maintain the premises In a manner that prevon!s the occurrence of an Infestation of mold or mlldow and prevents concfltlons favorable to their growth. You agree to uphold thls responstblllty in part by adhering to the "TTps on Mold" in the Resident Directory and by complying with the following fist of responslb!Hties: 1. You shall take an reasonable measures to control the moisture level of the interior of the premises by immediately reporting to Post any water Intrusion, such as building leaks, plumbing leaks, drips or "sweating• pipes, other wetness, water damage, or elevated moisture levels.

2. You shall &mit the sources of Indoor humidity by increasing fresh air venl!lation when outdoor air Is not humid, and warming cold surfaces where condensation occurs.

3. You shall use bathroom fans whUe showerir.g or bathing and shall immediately report to Post any non-working fan or window.

4. You shall use a:1 reasonable care to close all windows and other openings In the premises to prevent rain or other forms of precipitation from penetrating Into the lntorlor un!t.

5. You shall use exhaust fans whenever cooking, dishwashing, or engaging ln watcr~based or other wet cleaning techniques.

6. You shall clean and dry any personal prcpeftoJ within 24 to 48 hours of water intrusion and shall monitor those llems to verify that no mold or mildew growth occurs.

7. You shaH notify Post lmmedlately upon discovery of any damp or wet building materials, such as wet wallboard cr ceUlng tiles.

8. You shaD conduct a visual and odor Inspection of the pramlses for the presence or mildew, mold growth, leaks, or water damage at least once per month. Theinspectlon shall include. but not be limited to, an examinaUon of: (a) \t'Jindow frames an::! carpets; (b) Ceilrng tiles. and any currenUy or formcrty damp or wet material made of cellulose (such as wallpaper. books, papers, and newspapers); {c) All Indoor plants: and (d) Personal property.

9. You shall immediately report to Post if mold or mildew growth Is noted on surfaces inside the premises, and the growth affects more than a very small area that you will dean and dry prompUy. (A very small area Is generally not more than one square fool) Most very smaD areas of mold can be cleaned by uslng water and detergent or bleach and drying the surface completely afterwards. Jf !n doubt about the size of the area or your ability to dean ft properly. report the mold Immediately so ... JhalP__ost can.address.il ...---·--··-- ----··-·----..--.. . . - .. - . -·-------·---·--.. ----.. -···-·····-···-··-·-·········· ··· ·-········ 10. You also must report to Post whenever mold, mildew, leaks, v~ater damage, or other evidence or moisture problems are observed elsewhere in the complex.

11. You agree to not bring any personal property Into the unit that you know or suspect contains mold, especially ''soft possessions" such as sofas, mattresses, and pillows. 1f you discover evidence or mold on such Items ahd need help In arranging for disposal, notlf-J Post.

12. You hereby agree to defend, indemnify and hold harmless Post against and from any and all acUons, causes of action, dalms, demands, liabilitieS, losses. damages and expenses of whatsoever kind, lncluclng, but not llmr~ to, reasonable attorney's fees at both the lriat and appellate leve!s. that Post or any or all of Its affiliates m2y at any time sustain or Incur by reason of any and all claims asserted agair.st them lo tt.e extent that such claims ar1so out cf or are based upon any poter.lially health affecting substances brought, or allowed lo be brought, into the premises, or caused to Infest tha premises as a fE!.SUit of the negligence of Resident. or any guest or other person living In, occupytng, using or residing In the premises.

Breach of thls mold provision constitUtes a material breach of this agreement.

3S. ARE SAFElY TIPS: Resident agrees to make this information available lo any occupants. guests, invitees or visitors.

1. NEVER smoke In bod.

2. Locate the exits In your building.

3. Locate all fire extinguishers.

4. In case~ fire: A. eaas11 B. Do not panic c. Notify the property's leasing office

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D. Do not cse any elevators E. Do not prop open doors to exU staircase F. Do not thrcm water an a grease fire G. Do not jump unless instructed by firemen or police 37. CONTRACTUAL LIEN AND PROPERTY LEFf IN APARTMENt (a) Removal After We Exercise Uen for Rent If your rent is delinquent, our representative may peacefully enter the apartment and remove and/or store all property subject to lien. (b) Removal After Surrendor. Abandonment. or Eviction. We or law officers may remove and/or store all property remaining In the apartment or in common areas (including any vehicle you or any occupant or guest owns or uses) if you are judicially evicted or if you surrender or abandon the apar.menl (c) Storage. We will store property removed under a contractual lien as required by law. You must pay reasonable charges for our packing, removing, storing, and setting any property. We have a lien on an property removed and stored after surrender, abandonment, or judicial eviction for all sums you owe. {d) Disposition or Sale. Except for animals and property removed after the death of a sole resident. we may throw away or give to a charitable organization all items of personal property that are: (1) left ln the apanmenl after surrender or abandonment: or (2) loft outside more than one hour after a writ or possession is executed, following a judicial eviction.

Animals removed arter surrender, abandonment. or eviction may be kenneled or turned over to local authorities or humane societies. · - 38. UTILITY SUBMETERING OR AllOCATION: WATER AND WASTEWATER UTILITY SUBMETERING OR ALLOCATION (a} The resident will be billed by Post for submelered or allocated uUiily services. whichever is applicable. Water and wastewater submetered to the OvJelling Unit wUI be included In the bill Issued by Post. (b) For information purposes only, during the previous calendar year Identified below, the following Is provided: For calendar year 2007: the average monthly bltl for all dwelling units was $13.62. the highest monthly bill for that period was $123.34. the lowest monthly bill for that period v.oas $0.00.

Water and v.tasle\\'aler billings will vary over time depending on usage characteristics, changes in the rates Imposed by the retail public utility that provides service to the Post property, or other factors. Actual billings to residents should therefore be eXpected to vary from the average monthly bill for all dwelnng units In the previous calendar year and to vary from the highest and IOitJeSt month's bills for that period. . (c) The due dales for payment of water and wastewater billings shall be due sixteen (16) days arter the bill is ma!led or hand deUvered to the resident. unless the due date falls on a federal holiday or weekend in which case the fotlowing work day shall be the due date. Payment shaiJ be made to the address of the on-site management office, as specified on the bill. (d) Post will repalr leaks in the resident's unit. and in common areas If common areas are not submetered, within (8 hours barring unforeseen cirrumstances or other matters beyond !he control of Posl (e) Post and the residant agree that submeter bill Issuance, submeter readings, requests for submotor tests, charges for submeter testing, issuance of estimated b~,ls, billing errors,' bnJing disputes, changes in billing methods, interruption or dlsconUnuance of service, and partial month's bills for move-In or move-out shall be governed by 1he requirements of Subchapter H of Chapter 291, Title 30. Texas Admlnlstrattve Code. relating to Utllity Submeter!ng and Allocation. as such tulos may from lime to time be amended pursuant to tho Texas Administrative ProccdlJre Act. or as otherwiso required or provided by law. In addition, tho terms of this Addendum are subject to such requlromonts, and those requirements control In the event of any contlicl between those requirements and the terms or this Addendum. (f) The resident has the right to receive lnfonnation from Post to verify the utility bill. Upon resident's written request, Post shaD make the submoterlng or allocation records, as required by law, available for resident inspection. Such inspection shan be at the onsite manager's office during normal business hours. within three (3) days after receiving such written · ·· ···request·if.such record~re·mairrlained·aHhe·cnslte manager's·office; or within fif+.een (15)·days afterrecai'itn~rsuctr-·-·-··~·····················-····-···· ·-.. ·· wrilten request If such records are not routinely maintained at the onslte manager's office. If there Is no onslte manager, Post shall make copies of the records available at the resldsnfs dwelling unit at a time agreed upon by the resident v.ithln thirty (30) days of Post receiving the written request from the residenl At Posfs option, coptes or such records may Instead be provided by man If postmarked by mldnl~l of the last day of the respective applicable periods spedfied above. Any disputes relating to the computation of the resident's bill or the accuracy of any submetering device will be betWeen the resident and Posl (g) If the retail public utility's rate structure Includes a d\.'v-elllng unit base charge, Post shall bill each dweU!ng unit for the base charge applicable to that unit. Post shall not bil! the resident for any dwelling unit base charges applicable to unoccupied dwelling units. (~) If the retail public utilfty's rata structure Includes a customer service charge, Post shall bl!l each dwelllng unit the amount of the customer service charge dlvldec:t by the totai number of dwelling units, Including vacant unfts, that can receive service through the master me~er serving the residents. {I) If utility service is submetered, the .charges shall include any dwelling unit base charge and customer service charge, if applicable, and the gallonage marge calculated eam month as follows: the retail pubnc utility's total monthly charges for water service Oess dwelling unit base charges or customer service charges if applicable), divided by the total monthly water consumption measured by the retail public utility. muitJplfsd by the resident's monthly consumption or the volumetric rate charged by the retail public utility to Post multiplied by the resident's monthly water consumption.

0) If uti~ty service !s allocate<i, the charges shan be allocated by taking the retail public utility,s master meter bill for water and sewer service, deducting any dwelling unit base charges or customer service charge, if applicable, and deducting common area usage such as installed landscape irrigation systems, pools and laundry rooms. if any. and multiplying the net amount by the average number of occupants per bedroom. which shall be determined by the following occupancy

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formula. The formula shall calculate the average number of occupants In all dwelling units based on the number of bedrooms In the dwelling unit according to the scala below, notwithstanding the actual number of occupants In each or the dwelling un\t's bedrooms or all dwelling units: dwelnng unit with an efficiency = 1 dwelling unit with one bedroom= 1.6 dwelling unit with two bedrooms = 2.8 dwelling unit with three bedr<:oms = 4 + 1.2 for each additional bedroom. (k) AU water used for tho lnstaUed landscape irrigation system is metered or submetered and there arc other common areas such as pools or laundry rooms that are not metered or submelered, and 5% of the retail public utility's master meter blll is deducted In the calculation for allocated ser~lce. (I) Resident acknO'~o1edges that at the time l"tls lease agreement was discussed, Post provided to resident a copy of the current version at that time of Subchapter H of Chapter 291, Title 30, Texas Administrative Code, rolatlng to Utility Submetering and Allocation, or a copy of the current version at that time of the Texas Natural Resource Conservation Comrnlss!on executive director's summary of those rules, to Inform the resident of his or her rights and Post's responsibilities under those rules.

39. TERMINATION FOR FAMILY VIOLENCE OR MILITARY DEPLOYMENT: Tenants may have special statutory rights to terminate this agreement ear!y in cerlajn situations lnvo[ving family violence or a military deployment or transfer.

40. SPECIAL PROVISIONS: • For the first 3 months of Resident's occupanC'J of the apartment under U1e Agreement, Resident shall be enthled to a conditional credit o(-$~0.Q~OP per month with respect to the monthly rent specified in Paragraph 3 hereof. This credit shall expire at the end qf o2i2o1·o. However, shoUld Resident for any reason fail to remain In occupancy during the entire initial term hcrcoft or should Resident otheiWise fall fully to comply with any of the terms and conditions hereor, then the condltkmat allowance of such credit shall be revoked and the entire sum of the previously allowed monthly credll shall become immediately duo and payable as additional rent.

You agree and consent that any violation of the listed provisions may be deemed to be a material broach of this agreement.

LID 1Ws - lnlttals. I do not have a pet at this time. I completely understand the requirements for pets and the regulations ll-tat pet owners must follow. 1 agree to let management know if I obtain a pel and I will comply with all requirements of pet OYtners. I agree and consent that any violation of ¢tis provision may be deemed to be a material breach or , thl~ agreemenl ../ • '{pu ~y~ .c;IQ_poslte(f:V~t,h. ~fl£1gemCQHIJ~ addltlonal:§.l1J.RRf $~~.QQ ~~:add.lticmal ,~~cpr;fw.. You agree that said sum of money cannot be appned to any rent due. This deposit will be handfed as set' out in Paragraph 5. • You acknowledge receipt of 2 remote(s), 10 numbers(s) 14468; 14487, at a fee of $0.00 for each remote. for opening the gate(s), as well as a copy of the Automatic Gate System Instructions, If appUcable. You understand that replacement or additional remotes are available for a feo cf $75.00 per remote. • The gate Is to be used by ONE CAR AT A TIME. Do not attempt to •taJJgate" through the gate as It will lower and/or close after each car. This action would cause veh!cle damage. You agree and consent that Post ls·not liable for damage Incurred In this manner. • Resident agrees to pay a $350 Transfer Fee upon transfer to ~mother Post Apartment Home during the term of this lease.

ReSident must abide by other rules regarding l"ansfers. In the event that the resident has had a concession during the term of the current lease, the entire amount of l"lls conditional aUowance shall become due and payable as addiUonal rent in accordance with lhls agreement prior to the transfer. • You agree to pay a monthly fee of $5.00 for trash collection. This amount shall be due and payable as additional re!il. • SPECIAL STIPULATIONS: None.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed In person or by a person duly authcrized the ...day and-year written above. ---------·- -- -·· ·---....... --- · ·-··----·-·--·· ·--·-· -·---· -··--····-·-..·-···--·· ····· ·- • · BY SIGNING BELOW, RESIDENT ACKNOWLEDGES THAT HE OR SHE HAS BEEN GIVEN A SUFFICIENT OPPORTUNITY TO FULLY REVIEW THIS LEASE, HAS READ THE TERMS AND CONDffiONS OF THlS LEASE, AND UNDERSTANDS THE ABOVE LISTED LEASE TERMS AND CONDITIONS (SPECIFICALLY INCLUDING ANY AND ALL "SPECIAL SnPULATIONSJ.

BY SIGNING BELOW. RESIDENT FURTHER AGREES TO COMPLY WITH ALL TERMS AND CONDITIONS OF THtS LEASE AS SET FORTH ABOVE.

~j~d ~ Representative of Post Apartrnent Hcmes, LP. ~~:..· :? ·).' .. •· •if ~~prrgacy. LP.

Oa~e

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Page 125 of 131 Posl Residential Rental Agreement

(always call 911 for pollee, fire or medical emergencies)

M;ryam PaNIZ-Khyavi __j_d--{1- OCJ Date

Rev.TX2009-1103 Post Properties Page#10 1210212009 Page 14 of19

Page 126 of 131 . \. . ~oofil fl . .~· •· ,j}. .....J' . (Each OccUJlllnl CIDS[ .i'Jbclt S Sepuatc apl)liatron urtl:ss the Appl.itllllr 3llli Co- FOlt LEASL'\'C OFJ.'lCE ONL¥: 1\ Cf {0 C1 BOST ~ Applk:urt sbrejob; credit) 1);\T£ \\ ,\I'T 11 1/ll.£. t . ·-··········-·······-··---~ APPLICATIONFOR MOI'ITHLY .RENT {1. ~ -----:.....·- - RESIDENCY PROPERTI'ES SOURC£ -···--··-·--- COfi'JIIWttS _ _ _ __

APPLICANT'S NAME~~~ DATH OF BIRTH _ _ _ _ SS#_ _ _ _ __ tAST ---·----......-------- MIDDLE

CO-APN,lCA."'T'S /YJ tl ( t..tll~ ~-- e~:V~-#j~~ Dt\"ll~OF BlRTII/J~ ;J"7''/0SS# t.{<;"Lt- £1-8Jj) 3 NAME t.!IDDL5 v A~fLlCANT'S STATE & DIUYER'S UCEKSE ff 7/Y c0-APPUCMT'SSTATE&DIUVEB.'SLICENSU~ s-{ ~ --------DAT.E OFD~TH NAME . :s:::ATEOFBIRTII --~----·-- DATE OF BIRTH NAMH DATE OF BJRTH

nA5 APl'LJCANT o.a co-APPl..ICJ!.NT i:v1m nEe~ EVtcr~n ~·_ROM ANY LEASED PilEl\f:IS£S'1 UAVE Vt.)U EVER. UEEN CONVJCTI:."D . AI~PLICANT . Of A FI<:LONY'f . . n:s- NO <:.'0-APrUCA:."'T . . . ·· YES . NO

SUPERVISOR CO-APPLICANT'S r:..MPLOVER,__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ POSff!ON,_ _ _ _ _ _ _ _ _ _ __ BUSINESS ADDRE.."iS ~----------·-·--·· CllY---b;;:A'i-ir·-·-1'1?---------·-- BUSL'IIESS PHONe#.----·------·---·--·---- ___ EMPLOYED FROM/TO DO YOU OWN A~"Y PETS? IF SO, HOW MANY'!_ _ BREED \\'EIGliT COLOR_ _ _ _ _~ ~ g a , l'.ERSONALEMERGENCYCONTACT_ _~8 o · RELATIONSIIIP~ ~ ADDREss_l_~lJ'J_~ . ...j;Z"f'ro«~lt... JG__ · .4EPHONE# '11;;-~2~~-:..~11 ::.1 ~ PERSONAL REFEru:NCE_ _ _~~dC~~-...,0~€::~.-;t.&::b ,..J(I-'- - - - - P30N.E #_ _ _ _ _ _ _ _ BUS. PFIO?-."'E #_ _ _ _ __ ........ i A.bO.!e_ 1 1 ofJ

Page 15 of19

Page 127 of 131 ·! "'ANNUAI~ S..t\LARY1INCLUDL'IC FEES. TIPS. CO~MISSlONS. AND BONUSES) • k'llZ\"UAL SALARY (CO·APPLICAN1) + u ADDITIONAL ANNUAL INCOME (CtrlLD SUPPORT. PARENTAL SUPPORT. STOC:<S, SAVINCS, JNVESTME.'fl'S, ETC) + + SOURCE ---------------------------------------------------------- TOTAL ~VITCIPATED INCOME '"IF SEI~f' EMl'lOYED, W"E MUS'f BE FURNSIHED wn·H YOUR MOST RECENT TAX RETURN l i. uyou MUST FURNlSH US WITH A 1\0TARIZED STATE'ME!\-r OF THLS L'ICOME. '• AUTO TAG t & STATE .- - - - - - - - - - - - - - - - - YEATv'MAKE/COl.OR_ _ _ _ _ _ _ _ _ _ _ _ __ CO-APFllCANT'S TAG I & STATE._ _ _ _ _ _ _ _ _ __ YEARAI.A.WCOLO.'------~~------- DO YOU OWN A MOTORCYCLE, BOAT, COMMERJCAL VEHrCU, CAMfER. TRAll£1~ ETC,'/ {IF SO, TYPE & TAG I)

Nltlce orR~;~dt:ntSek.:tlo:t Crilffi:l: 1ack.<towlr:d~ lbat Poor r.ay obi01!r.a hac!<g1o;.znd r!!pmt ln con.'l«:Jon w1:~ my Ajlfllc:d:u:IIUIC L'J:at.suclt ~n c~y Include ll:fu..-:c:~tl«. or. my credit a.r.d criminal hlstnrlt':i. I abo QCiu:nwle~lgc thl:r :ny appl!Otlon nldl' he re.Jl'crce b\Udl on ln.fu:nutioa ror.t:!llcl !n :;uch rcj.lltl\ Bv signln;; l:tlnw. I f:.~rJtl'!f' ackn:IWlo:ldge !J1;.~t I have hac! th ncnntt•m!;y ,, revl~eW Pog'5 'Resk!em S.-i!!rtion Critl!r!a !Ji1!rn lnfu~e; (I) gfr.tllllll bistor;. (2) prrvlol:li J!:O;Dl bl!>toTy (31 C!lm;nj !oc(!me (4) cmlltfllst<~.Y ffi) fNJmc tg prll\:fdC DCCUratr. or completr infonnetJon hn :f-c B?nljr.n:Jnn fllTm cud (G) ilnll c!lr:r k,a!li: tnb nr:netlimmi:Qt?!V bro:m;tlon !l'!lt m!••ill h!: n:Jey;mt •n lh!! mltf!!!!t M 1Prtinr. nmr;rn. Jf T,:u na: !M!'! rhco !>o;}rc:f!ift! t:rh:ri11. « If l mnvldl'l hJtT!rt:Jl" nr Incomplete 1'11fnrT3li~.J fud:.ll!: aqmwlttlN ;lpf my ;wpl1£a:ioo rr~w l:g reltct:d !!lid a" rmrJfs!!!d bt;Jmv. !:JV Nop·R..O:Ma!JJ.. Mplir;tt!.!ID..(~!!9!JWr Fe {(I' any"' WJil not be refm:dt:d.

An1owrls to be completed by Post associate: Re'luirvd Amount AmowdPa!d Date Paid Initials Non-Refundable Application Fee s tt~l J s ..0 tl Non-Refundable Leasing Fee $ s - - - --- s $_ _ --- s______ Non-Refundable Pet Fee - $ Rd"und~lePet Fee s $ 1\on·Rcfurtdable Remote Fer. s $ Other otal···--

I \lr.dez~tar.d rlfllt Pnst v.m r..c:vrr c-efu~ my Nun·Ref>~r-k~ APP:k-..:JOTo Fee; ar.:1 Gu~a~nmo: Fee (!J'ar.y} uit~'f I ~:gn tf:i\ }o.y;llcatlon.

If Pes; liedlnrln:y ApjJI~dor., 1 w:~s;and Utili Pll.SI "ill r.:tum a:t oU~er !rts lll:ro abc•~. trl a.ncelthh l•ptlllc-.:lou v.U!t!n <8 l:wrs or sub milling 1111!. Apjll:a!lon to ?m!, I urk~ t!-.ar P<m w!U n:tum cl! (}:h.'r h·!"$llsted b!lo~.

Jfl co:xel t!ds Appllc:tloa O::f!f 48 t.cu~ ofsubmittmc !hJs .\pplk~:lon to Pest otifl faJ: to«:cupy d~e pmmlso:sa: C:1e ~-n!d UJ:OO t!Jrn !or 1ny rc~ 1 ur.dn'stund t!at p,~ wl1t Jc.ee? my 1\~Rc!imr!ah!e U33ing Fee: n:K myR~.:=Jon Foo as UqoJ~bted ~asnar.ca.laclnow!cr!ge that ~y i:U:try tr. P!!St ca•ascd by my C"a~tcllcsl.icn al't.'Ul A.(li:IIC3tlon aftl!f' 48 houra or nay fallure 1:: oco:jl)' tie prmses a: L~ aereee tJ:llln !lme Is !1.'0 difnttlk :o acc:Jr.ttely n:inaate. I thertfote l.lt~ tl-•: 'Pen aru! I Intend 1:1 provld~ !Ol dan~;; ratll'!'f tr.a.-: :s pcma:tvlnl~ ill:llt!locs, aflll L'l:t ~·~ retmrbn uf t~ st:ms ~~ f~ 11bove ls a rea~1!Jt:le !$:!rr.ate of?c~t's ptcl>Dle I:!$S from.s:;d: • C".Jr.ccllarlcn or rel~l to occupy :h:: pre!Jl(~s. • ' .tn C"oi.JICd :hls ApPkatlon UJ ran co oo:upy the p:anlses ac diUgreeci u~r. :L'll: f,lr a:t}' C~:J. P;.J.S( \Yill u!und my .Ref'JD:Iab~ Pet Fee NutrRer:.~o...t.iale I'e: Fl!!:, NG:l-R.e!a:clable Rana:tc F-:c. w.1 B:r:!Xlr.U listed &bo\-e ::.S ·Ctherr.

1 :aciu~~ n~ :m ReservatJQfl Fe<: w !U!fuu'.t:e Pet fer: ..,1:1 hf.cu:nc u:y :-ef'undlble sec:i:y depG5tU nt:d t.'l41 o:l•fl' !:e.s will be SFjillce c: rry ACCO".r.l as l~td upCK• the execution o! y my lt'CSI"~ I funhrr ac.imawl. ~~·n:f~J~ fi!CS ue f'X1t ?C."t of l>llY ~-url:y lkposlt.

AfpUcm~'s Sigr.:t:cre4~~ ~ 7 ,.'"5 CJ.App11:2:at':. Si81Llla;r?

A;Jpllcm:~'s Emall Adcress fl1«y A m f kt:._' m {! ; I. lJ> rl"Co-AJ:p:I~t's Ec:all Acd~ess._ _ _ _ _ _ _ _ _ _ _ _ __ Appilcam's Cell Phone aI t& (; i /-.;l 1.S:S C.c-App1le41r.t's ecn ?ho:ae,_ _ _ _ _ _ _ _ _ _ _ _ __ TIDS APPUCATION IS NOT A LEASE AGREEMEi\T.

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Page 128 of 131 . ®':,· ~ ..'; r CEa:ho~~n:mansubmitueratll!e applicalionan!m tbe AppUa~~t=nd Co- Z....! It BOST . ?'.f APJI!k:.cltl sh~ jl)i:nt credit} APT, T\'l'E MO\'&-lN PATE__ JbfJJ.'0'/ _ APPLICAl'JON FOR LeAS£ DA.TiS j fLirtD ----------- REmDENCY MO\'&.TNAD."T A.'\IT tf{tJ5.c.Of 'j s PROPERTfES ~--- LC 1!'\Tl'lALS

D.A."IE OP DlR.iH._~-- SS#_ _ _ _ _ _ usr APPUCA~l'S STATE&. DlUV'ER'S UCENSE tJ CO-.AJlPUCA.""."T'S SJATE & DlUVER'S liCENSE fl ~ e~ NAME DATE OF BlR11l NAME DATE 0? DJR'!H

~ :) NAME DATE OF BIR!H NAME DATEOFBmTR

PRESE\'T ADDRESS ~,9 .lllel"!fe· de Nn_~ /Sk:4qy~ ·~E --~·-nATES :!':~o_Q!i._ I$:PL::.~'! ~~~' . ___A,~·~.!'i'l~£1?:.!'~~--- ---~-- · - -.... ___ ....

5 HO~ # ~ MON111LY PAYMF.NT Rfo..ASON FOR MO'Y'lNG ----- i ~ PREVIOUS ADDRESS S'lltP.m" AI'T.Ii CITY PREVIOUSAYf. NA.\f£ OR LAKDLORI>._ _ _ _ _ _ _ _ _ _ ADDRESS HOWLOt\G'i

~ ~ PRESa!IFUTURP.~LOYER ~ • 0~,~ \/~ l..ri- C_l"'l___ · - - - - - rosmo~_/:)~---- i~~ - .i .. ~us_I~~~~~oru::ss ~ 1?-> CeJ6tf fpr,f!rCJTYP.rllu~l/\ z[p ... B.~JKESsi.HoNs:_ :2Acf=-6~~--9;9 00· · ~ SulER.VISOR_R P E.\fPLOYED SINCE 9 1:9 • Q;9 i PREVIous EMPLOYER ReAi f:ctr,rf~ S.oJui)' ot1.S romnm~~--Ar-e.fu'tec:t- ~ nusDrnss ADDRESS J..+c 1 &/, .fL; rfe. t~llrv;J~::. scsJNESs l'lloh·u .a 1 4- 4=56- 83\J o t1 SU?F.RVISOR 'S=::>~e;:pv .ffk~.e-A l:.M?LOYEDFRO.Wro_ nc; I~~ f)~ }'.. J}J. (.

C0-.4,11 PLlCANT'S FJ..1PLOYER.__ / _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ POSITION._ _ _ _ _ _ _ _ _ __ -·-·--- BUSINESS PIJONE # stP.ER"v"ISOR. EMPLOYED P.ROJ\.VfO_ _ DO YOU OWN A.:''IY PETS?----PJ~-IF SO.HOW~fA.loiT?_ _ Bh-ruJ_ _ _ _ _ WEIGHT COLOR~-.....---- ~ AA~ •. A J.~!f ~ PE.RSONlJ.E.'.F.cR.GENCY COl\"TACT ,., ""-t:yc?J" I REI..ATIONSHIP_.;;...t.'V'___._,.J!_~~---- ~ ADDRESS -------~----- UOMEPHONE#~BUS. PHONE# i P~ONAL RJW:...W:CE._ _ _ _ _ _ _ _ _ _ _ _ _ PHOJ\"Eft._ _ _ _ _ _ _ BUS. I'.HONE#_ _ _ __ of3 Page 17 of 19

Page 129 of 131 ~A..~NUAL SALP.Jf'i (INCLUDING FEES. TIPS, CQMi\{lSSJONS, AND BOt\"USES} •ANi,.'lJAL SALARY {Co-APPUCANT} + • ....<\DDlTIONAL ANNUAL INCOME (CHILD SUPPORT, PARENTAL SUPPORT, S'l'OCKS, SAVlNCS,lNVESTMEN1'S, ETC) - SOURCE ___________________________________________________________ + TOTAL ANTICIPATED INCOME •Jr SELF EMPLOYED, WE MUST BE FURNS1HED Vt'ITrl YOUR MOST RECENT TAX RETURN uyou MUST Ft"'U.JISR US WITH A t\OTARIZED STAT~1E..~ OF THIS JI\COME.

AUTO TAG f. & STATE -------------------------------~AK~COLOR _____________________________ CO-APPUCM'T'S TAG f & STATE YEAR~~OlOR~------------------·------ DO YOU OWN A MOTORCYCLE. BOAT. COMMERICAL VEHICLE, CA.'APER. TRAILER, ETC.? (IF SO, TYPE&. TAG i}

Kct'.ce cffwlde:nt Selectioc Critcr!a: leckncwlr.riar Ulat PQ!l may ob!llln a baclqpcar.d I'QCil\ fn CCllllltctlon wttb ay AP?Itca:tor. 1111d 1t.nt r.u:b rep 3rt m;ry lnch:dc :nfor::lll:kln on my tlali: ~ alm1nal histm!es. I aho ac!t.'lOWitdg~ chat w.y Bj)plli:atlo:a my be n:jcctl:d lwei~ on !nl'on:tal!on Mlti!JL'M.-d !n .NCh tC?JI:S.

By sigrJI"'-7 belgw I fu:ther ra;ffiowiecfw jlutr I have halt lbe opmrt\:nl!y to revt.;w P~&fs Rqf4ed Sslc:ctlq;t Crt!ertn wbldl ~ mc:rirr:fzW hhtgry mjlreylgt, TCI!:ai. li!Jtory (3) omm• h:pm•. Hi credl! l!'ai!JFY ffi) fu!h!r:; IR ymvJdt at:~"!!!'!!!!!:[ mmph;!s: fnfC(JF!Itor; QD >he J!R?Il;lt!ruJ form,,.,.,~ (§) MY crb":r IMd· !l'l!!re !jqn.,!i;¢TJI!!J>tpry !J;fgrm:t\Jtmll-.!!t mi£b! lr rc!mnt tp ~ r~glll Sl:!fc!IAA prnt'ftS;.lC I tfo Ml ffi'!$( t.'te !i~~~ M !CIU!'!JY!tk 1:~1! or !ncyu;plfle ~Clll.-1 furtber arkrm'l';tdg lf:a• my aocll$AII;m Qi1Y be u:l.~ar.d ns 9'D\1d~IJ!:d~o.:a my Non-Bcf~~U.!lll.f:u."(!_qemnf.a.f(!!tjlfp~un_.k!J, ! t.eteby lel\.'1: lbe foll::wbg v.iCl Pest 11.1 a go:ld fu.!!h prl)O::se:d In mnne:.tlon w!ab lilts Ar•pllat:l::r.: A:mounts to be completed by Post assodafe: Required Amount AmoantPwd Non-Refundable AtlJl!leatlon Fee s_35.L0 ~16·t.O Non.Uefundablc L~g Fee $ \-5U·LO $_!20.LC)_ ~eservatlon FC!e s s Non-IWundahle Pet Fee s $ Refundable Pet Fee s $ l\ou·Refundallle Rcmol.l! Fee $ $ Othet" $._ _ _ _ __ s_____..... --..·-·s-·2;·0?~·-cb> ·--·----·- s_____Y6· .w J cmderstar.d tl'.ll r~ w:n never rdim:S my Nor.-1\::f~'Jle Ap;llit.:at!cr. ?ee Me Canr.~.'IUJt fee (1~ A3Yl nt:er I sign thls ArrUcalior..

P. Pos: d~ m; AppU:atla-.. 1 u:d!..-sa"1d llmt POS! will rctu.-r. al:. ether rccs latcd abo\'e.

If l ca1cel !his Ap'ti~stio:l wJ:I:In ~ !:01..-s o! sut::Z::tdr.g ti"Js ApjlhCIItlon t3 J>cs:, l_.Dilenlllnd lt.c Po.st wlll :en:m aU otic: !ccs llr~ atove..

If 1 aacal Ul!! A;r:ll!utio:l ~ -4& bcr.:rs cf wb:r.ltllnalhb AFpllcaOO!l to !'o~tor U' l fall to oecupy lhe pm.•1lm r.lh= ~d upon tl:nc tot any re=cn,lun:kn.U."1d :hat PCGt wlll kee;ay N:m·Ref:.w.d&b.'-e lewg Fee a:uf my ~n Fee IS llqu!da.tft! t!&onag~. I llekn(]Wle.Cge tfu: n.'\j' l.'!JUJY ~Post CSI'Js:d by ::ty cance:ht!Jor. cr lhts Appl!::aUo:anfle: 41! IIO'Jrs o: my fa~we ro tx:aJp}' ille prcmSses ~ 111! agreed tpon dtr.e Is too dJm:altiO AlXIII'I!:cly Cjd.':lille.. I lhm!fo:e ~e Cult P~ a:-.d llnic:u! to prcvi:le f:~r d&Diilgcs Rlhcr Uvt..'l a per!Dhy In L~ $1nmdws, a:o~ 1has P11s:' s ret:ndon of Cle I'JDS set focth above Is a mrsona,le c.st.lrnlle cf Pest's problst;ll! loss from suet 11 ar.tellal!cr. o:- re.'\asaJ lo cc::upy lhe p~~ 1r l ::ar.ce; lh!s Apyllea:!oa or f'ail co occupy :he prem1seS at !11:! agr~ upw: ttmc fo: ~~r.y r~::~s.or., Pc'l ~1:1 refulld my Rt~un41b!e lJet Frt!!, ~on·?.tfo,;&:dub~ F~t Fee, K:m.Re!u:u!~le R~e .Ft!!, a:::i amcwts l!steci above as "'elcr•. llldtncwltdgc :hill :he Reservation Fee atid RE!'t:mlabli! Pe~ Fl!!! wC1 b-..anne my reft:nc!a!:lt: r;e::wtry dq::~Sits and tha~ cd'.er fm will be appllt:c! to my accoo.'lt u l!s:d up or. Lit! exo::tlkn or my lee~Se.l furJ:er oc'Ulcro~.1e:fg~: t.'la ' ·r~r•Jfl:la :i/t parr of any lea:ri':)" d~os!t.

Applicant's S!gr.arure Co-ApplJQUlt"s Slgnatcre;_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ AppL'ca:1t•.s Emr.U Add•~ C{-f!lf~ ~~h(;1#)Co·AptJilcant'5 Email Add::~,:;_______~---·- - - - - - - - - - App1kal'l(s Cell Phone =f6;9.. 17/~ 3+:5 3 C~-Ap;:Jlicam'.s Cell Pilo.:~e nilS Al'PLICATION IS NOT A LEASE ACREE.\mNT. .

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Page 130 of 131 TI"PBOFCARD VISA MASTER CA1tlJ DISCOVr..R AMEIUCA.'i EXPRESS

l hereby aut!Jor.2e ~ost Apm:ncnt Homes, L.P. ta c.iarge ay Crcdi: Cad for the total A-nou:n l'ai:i st:t<ed a.ivve and for the~~ ~tared in this Appli~don for

=~t- II tJ~.(lJ- --~~~ ~~RE_ _____;;_ _ __ t =~ 5Wb~~~~ FOR .MAR~·LAND J'll01•ER.J'I£S<>NL\': Pw-suant to Md. Code: An.")., Rc:al Prop.§ 3·213, if 11 laiXilord ~uira hom 11 prospective tenant any fec:s other than a £ecurity depo.sit (as dc!ined by .Md. C'..odc A.'"ln., Rea! l'rop. § 8-203), and rhese fees exceed S25, the landlord s:tall return the fee$ no l:l1et than IS da~.s fol!o\\ing the date oC oceup.u:cy or the \lcTiUen con:mmication by either party to the other of a dec is ion that no tenancy will occur. A landlord wl:o falls to do so wi11 be liable fur twice the amol!ltt of fue fees in d:trmgcs. !.a.'"ldbrols may, however. re1ain the portiou of the fees actua Uy expe:llfed for a credit ch e~k or other apen.coe1 l'.rising o-o~t of the application. Post's applicat.w fee is calcu1ated to oovcr the minimum Jlossible cost af a standard c:redit and bacl::ground check. Accordingly, and a'i allowed unde: State law, Post wm retain the full application fee following the npplicatXm. prucc.u. Section S-213 clot:$ not apply !o eoy landlord wfto offers fow- o: less dwr:Ubg :mit.'i on or.e puc:el ofprope:ty, or to seasonal or condominiutn rwtu. N01hing is this J:rovision shali be deemed 11 wnivor of any :aCdirinnal oh:.ims for olhec cx~a.scs sus~iru:d by &t ari5iog under the terms of this applica.:ioa. FOR. PROPERTIES LOCATED IN THE STATB OF MARYJ..J\.Nn ON'LY, Tim UJ-:GUAGE ~THIS PARAORAPH StWER.SEOES Al\"Y CON- TRA.Dlc:roRY LANGUAGE IN THIS APPUCATION.

FOll TB:OSE PA\'lNG BY CHECK: When you proviee a dleek as p;tyrnent, you authorize us cJ:l:er lo est i:Jfonnation fror:: )'{JUt el1eck. to tmke a one-time ctecrrol'ic fw:.d tra:asf~ from your account or ro prorc9$ the pa;'ment as a. clu!ck tran!l2don. When we u.~o intbrrnation from yo-Jr check to make a:t electto-.tic: fund tr.Insfu, fuods may be wittul.-awn from. yo~ accot:n! IJS ~Clll1 iSS tf:c &a:ne r.ay )'OU make )'OUr payment. and ;)iUU WiJJ DOt ~eivc ya'.l' Chec:J.: back frQin your financial insfito!io:t.

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Page 131 of 131