L-n ^ Str3 VED ])8-21-00156-CV JAN 1 2022 g.f^iCRHs.clrrk !EIGHTH C0I;RT 0/ t Case Wor08-21-OO156-CV

IN THE COURT OF APPEALS FILEDIN COURT OF APPEALS FOR THE EIGHTH DISTRICT OF TEXAS - EL PASO JAN I 8 2022 ELIZABETH G. FLORES _ CLERK 8th DISTPipt UPCURVE ENERGY PARTNERS, LLC, Appe//o/it V.

KURT MUENCH, LANCE MUENCH, MARK MUENCH,FRANK W.FOUTS, IV AND SHEILA D. STIBOLT, Appellees

On Appeal from the 143rd JUDICIAL DISTRICT COURT OF REEVES COUNTY,TEXAS Trial Court Cause No. 19-09-23159-CVR

BRIEF OF APPELLEES SHEILA D. STIBOLT AND FRANK W.FOUTS, IV

Pro Se Appellees' Sheila D. Stibolt Frank W. Fouts, IV 5058 Briarwood Circle N. 17519 Sunset Dr. Klezer, Oregon 97303 Lowell, IN 46356 [email protected] 815-600-2902 TABLE OF CONTENTS

Index of Authorities ...page 3 Tex. Prop. Code Chapter 5 page 3 Illinois Statue page 3 United States Constitution page 3 Illinois Attorney Henry Repay page 3 Trial Court's original final Judgment page3/4 Property Interests page 4 The 1981 Deed. page 4 The Nonmaterial Correction Instrument page 4 Definition of "Prima Facie" page 4 Reference Citation Guide page 4 Statement of the Case.. page 5 Issue Presented page 6 Statement of Facts page 6 I. Explanation page 6 M. Trial Courts Ruling page 6 III. A Survivorship Deed page 7 IV. The Problem page 7 V. The Solution page 7 VI. The United States Constitution page 8 Argument page 8 Summary of Argument page 9 Conclusion and Prayer page 10 Certificate of Compliance page 12 Certificate of Service page 13

Index of Authorities Texas Property Code Chapter S Sec. 5.028. & Sec. 5.030. Correction Instruments: Nonmaterial Corrections.

Sec. 5.028. - (a-1)-(b),(c), "(d) -(1) & (2)."...(Appendix A) Sec. 5. 030. -(a)-(1),(2),(3),(4) -- (b). ...(Appendix A) illinois Complied Statues Designation Property (765 ILCS 1005/1) Joint Tenancy Act...(Appendix B) United States Constitution

Article 1 Section 10 ...(Appendix C) Illinois Attorney Henry Repay Repays explanation of the Illinois Designation ...(Appendix D) Trial Court's original final Judgment Judge Swanson's final Judgment (Appendix E) Property Interests Shows Property interests as 1/5 each for the 5 Grandchildren of Dorothy M. Werner (Appendix F) The 1981 Deed

Dorothy M. Werners 1981 deed transferring her property to her children (Appendix G) The Nonmaterlal Correction Instrument Michael Lantry's signed copy of the nonmaterial correction (Appendix H) Definition of "Prima Facie" (Appendix I)

Reference Citation Guide Appellee's Sheila D. Stibolt and Frank W. Fouts, IV ... use these references to the parties and the subject matter: "Fouts and Stibolt," "Stibolt and Fouts," "Sheila and I" UpCurve Energy Partners, LLC: "UpCurve," UpCurves Counsel," "Appellant" Dorothy M. Werner's Quit Claim Deed dated July 31,1981 acknowledging the Transfer of the 160 acre parcel of land located with in Reeves County, Texas, to her three children, recorded in Volume 408, page 81, Reeves County, Texas: The "1981 Illinois deed," the "1981 deed," the "subject property" The Southeast 1/4 of section 28, Block C-8, Public School Lands, Reeves County, Texas containing 160 acres of land; The "property," The "property in question" Attorney Michael Lantry who drafted the 1981 Quit Claim Deed for Dorothy M.

Werner and signed the Nonmaterial Correction Deed: "Lantry" Shirley Muench, Richard Werner, Geraldine Fox are the Grantees of the 1981 Quit Claim Deed from Dorothy M. Werner, Their Biological Mother: "Grantees"

Statement of the Case The Appellee's Pouts and Stibolt adopt Appellant's Statement of the case.

Issue Presented Everyone has said the 1981 Illinois deed was an unambiguous deed but yet everyone (except Sheila and I) are debating over the facts of seperate property vs. community property. This Seems to be an ambiguous situation. The only Issue that We can see is there is an ambiguous situation in an agreed upon unambiguous deed. How Is this possible? Would we have this same debate If the 1981 deed was recognized as a Survivorship Deed? All of these debates would disappear and the 1981 deed would be totally unambiguous. Actually as Dorothy M. Werner, our Grandmother, intended It to be.

Statement of the Facts I. Explanation; Sheila and I understand that this case only revolves around the Separate Property or Community Property issues.

II. Trial Courts Ruling: The Trial Courts Ruling Is very Specific In that the 1981 Illinois quit claim deed did not explicitly include survivorship language, and accordingly, the subject property was not transferred to the Grantees with rights of survivorship (This was according to Texas). (Appendix E). The Trial Court never says the Nonmateria! Correction Deed was not a valid Instrument. That deed was not a scope of the case that was presented to the Trial Court. lit. A Survivorship Deed: The Facts still remain that the 1981 deed was in fact a survivorship deed in Illinois. Everyone associated with this case agreed that the 1981 deed was in fact a Survivorship Deed in Illinois where the deed was Created.

The Illinois Attorney followed the rules of Illinois which Required the Designation that is clearly within the four corners which state ... "Not in Tenancy in Common but in Joint Tenancy". Now there are very specific rules that must be followed for a survivorship deed to be valid even in Texas. The Grantees followed these rules from conception of the deed until there individual deaths. Our mother Geraldine Fox was the last man standing and held complete ownership. Before her death she transferred the property to the Grandchildren of Dorothy M. Werner as this was our Grandparents intent.

IV. The Problem: When UpCurve Energy Partners, LLC said there was a problem we quickly contacted the original drafter of the 1981 deed. Attorney Michael Lantry. Even though 40+ years had gone by he could still understand the meaning of the required Illinois designation that he placed within the four corners which meant this was a survivorship deed in Illinois. Lantry gladly agreed to sign a Nonmaterial Correction Instrument to clarify for Texas requirements the fact that the 1981 deed was in fact a survivorship deed by inserting the words"with rights of survivorship".

V. The Solution: Two Texas Attorneys Drafted that nonmaterial correction deed according to Texas Property codes 5.028. and 5.030. for nonmaterial corrections. (Appendix A)(Appendix D) Everything was recorded and followed according to Texas property codes 5.028. and 5.030. (Appendix A) In the Texas property code for nonmaterial correction it specifically states "prima Facie"... it must be considered correct but can be challenged. Under 5.030. Correction instrument: effect,(a - 2, 3, 4)(Appendix A). As of yet no one has challenged the nonmaterial correction. Can we just assume that it is not valid because UpCurve says so? The Texas code says Challenge it... We Welcome that challenge. How can anything be decided without that challenge? So accordingly, according to Texas this nonmaterial correction is a valid instrument.

VI. The United States Constitution: Moving on to the United States Constitution Article 1 Section 10 clearly states: No State shall enter into any law impairing the obligation of a contract. This is called the contract clause. Dorothy M. Werners 1981 deed was a contract that transferred her property to her three children with the rights of survivorship. (Appendix C) Does Texas abide by the laws of the Constitution of the United States of America?

Argument At this point the Argument stems around the nonmaterial correction deed. Was the nonmaterial correction deed drafted to make a material change in the 1981 deed or was it made to clarify for Texas requirements what the Illinois deed actually stated within the four corners, was the Illinois deed unambiguous in Illinois as a survivorship deed? Did Lantry "Attempt" to change the Illinois deed or did he only Clarify for Texas requirements? We feel the Illinois deed is very clear and contains all the unambiguous information that is needed to support the survivorship issue. Now if the 1981 deed was in fact a survivorship deed In Illinois, Lantry only made a nonmaterial correction for Texas requirements. If this was a valid survivorship deed would there be all of this debate on community property vs. separate property? Everyone has said this deed was unambiguous, so why has this seemingly turned into an ambiguous situation?

Summary of Argument UpCurve Energy has totally ignored the facts surrounding the nonmaterial correction instrument. They would prefer that it would just disappear or be ignored. If UpCurve wishes to challenge the validity of this deed we Welcome them to do so. If they wish not to challenge Lantry's nonmaterial correction then they can't prove it is not valid and with that said it should stand as valid. UpCurve states Appellee's Fouts and Stibolt have the burden of proving Superior Title. We don't know how much more proof we can give you....We have Superior Title...Now UpCurve needs to bear the burden of Superior Title.

Conclusion and Prayer Sheila and I intended to have a Trial by Jury ... UpCurve Counsel verbally stated he did not want this to happen. The only accomplishment that was made by UpCurve Counsel regarding The Writ of Mandamus was to eliminate the Jury Trial.

Sheila and I had every intention of appealing the Trial Courts decision But Life issues combined with the time restraint prevented us from proceeding forward.

Sheila and I would like the Trial Courts decision to be reversed in our favor by this Appellate Court which would reconfigure the interest in the 160 acre tract as follows: Kurt, Lance, Mark muench, Sheila and myself 1/S interest in the 160 acre property as our Grandparents intended (Appendix F), excluding any other interests. If for some reason that can't be accomplished we pray that this Honorable Appellate Court sends us back to the Trial Court for us to have a Trial by Jury.

Famous Quote

"Any State, Any Entity, Any Ideology which fails to Recognize the Worth, the Dignity, the Rights of Man...

That State is Obsolete." Rodman Edward Serling

Respectfully Submitted,

Sheila D. Stibolt Frank W. Fouts, IV 5058 Briarwoo Circle N. 17519 Sunset Dr.

Kiezer, OR 97303 Lowell, IN 46356 [email protected] 815-600-2902

Pro Se Pro Se

Certificate of Compliance This is a document generated in wordpad that complies with the type- volume limitations of Texas Rule of Appellate Proceedure 9.4(i)(2)(B) because it contains 1,579 words, excluding the parts exempted by Texas Rule of Appellate Proceedure 9.4(i)(l). In making this certificate of compliance, I am relying on the word count of the human hand count method used to prepare the document.

This Wordpad program used 14-point typeface for all the text as we had no footnotes.

Sheila D. Stibolt Frank W. Pouts, IV

Certificate of Service I hereby certify that a true and correct copy of the foregoing has been mailed through the United States Postal Service on January 10, 2022.

Sheila D. Stibolt Frank W. Pouts, IV

"^wM CERTIFICATE OF MAILING

All listed have been mailed true and correct copies through United States Postal Service Priority Mail on January 10, 2022 Hailey Suggs/Nicholas Miller Graves, Dougherty, Hearon & Moody Congress Ave., ste. 2700 Austin, TX 78701-3790

Michael Sanders Sanders LLP P. 0. Box 27932

Houston, TX 77227

Murray A. Crutcher, III Atkins, Hollmann, Jones, Peacock, Lewis & Lyon 3800 E. 42nd St., ste. 500 Odessa, TX 79762 Sean M Guerrero

Stubbeman, McRae, Sealy, LaughliP; & Browder, Inc. West Texas, suite 800 Midland, TX 79701

Sheila D. Stibolt Frank W. Pouts, IV PROPERTY CODE CHAPTER 5. CONVEYANCES http://www.statutes.leg{s.state.tx.us/Docs/PR/htm/PR.5.htm#5.026

Sec. 5.027. CORRECTION INSTRUMENTS: GENERALLY. (a) A correction instrument that complies with Section 5.028 or 5.029 may correct an ambiguity or error in a recorded original instrument of conveyance to transfer real property or an interest in real property, including an ambiguity or error that relates to the description of or extent of the interest conveyed. (b) A correction instrument may not correct an ambiguity or error in a recorded original instrument of conveyance to transfer real property or an interest in real property not originally conveyed in the instrument of conveyance for purposes of a sale of real property under a power of sale under Chapter 51 unless the conveyance otherwise complies with all requirements of Chapter 51. (c) A correction instrument is subject to Section 13.001.

Added by Acts 2011, 82nd Leg., R.S., Ch. 194 (S.B. 1496), Sec. 1, eff.

September 1, 2011.

Sec. 5.028, CORRECTION INSTRUMENTS: NONMATERIAL CORRECTIONS. (a) A person who has personal knowledge of facts relevant to the correction of a recorded original instrument of conveyance may prepare or execute a correction instrument to make a nonmaterial change that results from a clerical error, including; (1) a correction of an inaccurate or incorrect element in a legal description, such as a distance, angle, direction, bearing or chord, a reference to a plat or other plat information, a lot or block number, a unit, building designation, or section number, an appurtenant easement, a township name or number, a municipality, county, or state name, a range number or meridian, a certified survey map number, or a subdivision or condominium name; or (2) an addition, correction, or clarification of: (A) a party's name, including the spelling of a name, a first or middle name or initial, a suffix, an alternate name by which a party is known, or a description of an entity as a corporation, company, or other type of organization; (B) a party's marital status; (C) the date on which the conveyance was executed; (D) the recording data for an instrument referenced in the correction instrument; or

23 of57 PROPERTY CODE CHAPTER 5. CONV... 3/13/2017 7:27 PM PROPERTY CODE CHAPTER 5. CONVEYANCES http://www.statutesJegis.state.tx.iis/Docs/PR/htm/PR.5.htm#5.026

(E) a fact relating to the acknowledgment or authentication. (a—1) A person who has personal knowledge of f^ct-s relevant to the correction of a recorded original instrument of conveyance may prepare or execute a correction instrument to make a nonmaterial change that results from an inadvertent error, including the addition, correction, or clarification of: (!) a legal description prepared in connection with the preparation of the original instrument but inadvertently omitted from the original instrument; or (2) an omitted call in a metes and bounds legal description in the original instrument that completes the description of the property. (b) A person who executes a correction instrument under this section may execute a correction instrument that provides an acknowledgment or authentication that is required and was not included in the recorded original instrument of conveyance. (c) A person who executes a correction instrument under this section shall disclose in the instrument the basis for the person*s personal knowledge of the facts relevant to the correction of the recorded original instrument of conveyance.

(d) A person who executes a correction instrument under this section shall: (1) record the instrument and evidence of notice as provided by Subdivision (2), if applicable, in each county in which the original instrument of conveyance being corrected is recorded; and (2) if the correction instrument is not signed by each party to the recorded original instrument, send a copy of the correction instrument and notice by first class mail, e-mail, or other reasonable means to each party to the original instrument of conveyance and, if applicable, a party's heirs, successors, or assigns.

Added by Acts 2011, 82nd Leg., R.S., Ch, 194 (S.B. 1496), Sec. 1, eff.

September 1, 2011.

Amended by: Acts 2013, 83rd Leg., R.S., Ch. 158 (S.B. 887), Sec. 1, eff. September 1, 2013.

Sec. 5.029. CORRECTION INSTRUMENTS: MATERIAL CORRECTIONS. (a) In addition to nonmaterial corrections, including the corrections described by Section 5.028, the parties to the original transaction or the parties' heirs.

24 of57 PROPERTY CODE CHAPTER 5. CONY... 3/13/2017 7:27 PM PROPERTY CODE CHAPTER 5. CONVEYANCES http://www.statutes,legis.state.tx.us/Docs/PR/htm/PR.5.htm#5.026

successors, or assigns, as applicable may execute a correction instrument to make a material correction to the recorded original instrument of conveyance, including a correction to: (1) add: (A) a buyer*s disclaimer of an interest in the real property that is the subject of the original instrument of conveyance; (B) a mortgagee's consent or subordination to a recorded document executed by the mortgagee or an heir, successor, or assign of the mortgagee; or (C) land to a conveyance that correctly conveys other land; (2) remove land from a conveyance that correctly conveys other land; or (3) accurately identify a lot or unit number or letter of property owned by the grantor that was inaccurately identified as another lot or unit number or letter of property owned by the grantor in the recorded original instrument of conveyance. (b) A correction instrument under this section must be: (1) executed by each party to the recorded original instrument of conveyance the correction instrument is executed to correct or, if applicable, a party's heirs, successors, or assigns; and (2) recorded in each county in which the original instrument of conveyance that is being corrected is recorded.

Added by Acts 2011, 82nd Leg., R.S., Ch. 194 (S.B. 1496), Sec. 1, eff, September 1, 2011.

Sec. 5.030. CORRECTION INSTRUMENT: EFFECT. (a) A correction instrument that complies with Section 5.028 or 5.029 is: (1) effective as of the effective date of the recorded original instrument of conveyance; (2) prima facie evidence of the facts stated in the correction instrument; (3) presumed to be true; (4) subject to rebuttal; and (5) notice to a subsequent buyer of the facts stated in the correction instrument.

(b) A correction instrument replaces and is a substitute for the original instrument. Except as provided by Subsection (c), a bona fide

25 of57 PROPERTY CODE CHAPTER 5. CONV... 3/13/2017 7:27 PM 765ILCS100S/ Joint l^ancy AcL

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Bills & Resolutions Illinois Compiled Statutes Compiled Statutes Back to Act Listing Public Acts Search Guide Disclaimer PrintftHFrisndiV Vftrsion PuMIc Acts Information maintained by the Legislative Reference Bureau Legislative Reports Updating the database of the Illinois Compiled Statutes(ILCS)is an ongoing process. Recent laws may not yet be included In the ILCS database, but they are found on this site as Public APt? soon IL Constitution after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Leglsiative Guide Legislative Glossary Because the statute database is maintained primarily for iegislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes Includes a Public Act that has not yet taken effect, the version Sesreh By Numbsr of the law that Is currently In effect may have already been removed from the database and you (example: HB0001) should refer to that Public Act to see the changes made to the current law.

PROPERTY (765 ILCS 1005/)Joint Tenancy Act. (765 ILCS 1005/0.01) (from Ch, 76, par. 0.01) Search By K^rword Sec. 0.01. Short title. This Act may be cited ae the Joint Tenancy Act. (Source: P.A. 86-1324.)

(765 ILCS 1005/1) (from Ch. 76, par. 1) Advanced Search Sec. 1. No estate in joint tenancy in any lands, tenements or hereditaments, or in any parts thereof or interest therein, shall be held or claimed under any grant, legacy or conveyance pai'iQlS whatsoever heretofore or hereafter made, other than to executors and trustees, unless the premises therein mentioned shall expressly be thereby declared to pass not in tenancy in common m but in joint tenancy; and every such estate other than to executors and trustees (unless otherwise expressly declared as aforesaid, or unless, as to a devise or conveyance of homestead property, expressly declared to pass to a husband and wife as tenants by the entirety in the manner provided by Section Ic), r 1 i u U i >1 shall be deemed to be in tenancy in common and all conveyances heretofore made, or which hereafter may be made, wherein the premises therein mentioned were or shall be expressly declared to pass not in tenancy in common but in joint tenancy, are hereby declared to have created an estate in joint tenancy with the accon^anylng right of survivorship the same as it existed prior to the passage of "An Act to amend Section 1 of an Act entitled: 'An Act to revise the law in relation to joint rights and obligations, • approved February 25, 1874, In force July 1, 1874," approved June 26, 1917. (Source: P.A. 86-966.)

(765 ILCS 1005/la) (from Ch. 76, par. la) Sec. la. Whenever any contract for the purchase of real estate hereafter entered into shows that the title is to be taken by the vendees as joint tenant.8 and not as tenants in common, and one or more of such vendees die before the delivery of the deed to such vendees, then in such case no heir, legatee or legal representative of such deceased vendees shall have or take any right, title or interest under the contract or in such real estate, but the obligation of the vendor or vendors under www.iiga.90v/Jegl8l8tion/ilc8fflC83.a8p?ActtD*2224&ChaptertO«82 1/5 'Section 10-The US.Con6«ution(>,lln«-USCon8MuBonn^ No State shaU enter into aqy Treaty, Alliance, or Confederation- grant Lettera fitMaiOUe and fieurisaL- coin Money,- emit MhofCredit- make T ^ Debts; pass any Ml o7A?a,nder ^POSt facto Law, or Law impairinfi rhp nh|i/taHon of rnni-T"ir-fr n. , Title ofMnhility B^nng me upjiqationofCorm:^ or grant any No State shall without the Consent of the Congress, lay anyllmDi^ or Duties n inspectionf iLs Laws: and the net Produce ofabsolutely 4ceL^ all Duties and ImDosts l^bhv UnVSir Use oSe A oftS CmSss Coflttaiji No St^e shall, without the Consent of Congress, lay any duty of Tonnaoe keep Troops, or Ships of War in time of Peace, enter into any AmleS or State, or with a foreign Power, or engage in War unless y invaded, or in such imminenl Danger as will not admit of delay <^ck I Table of nontopti liisiagl ieonaututiunl i£M?! llQBis^al Iforumsl IPocumentsI ITimelinel IKidsl IVermnnH IMspi ICitatlonj |Survey| I Support!

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Message: Henry Repay (4 reviews) Henry...Thank you for answering the question but I West Locust guess maybe I didnt present my question cor Street, Belvidere. rectly...! assume that "Joint Tenancy" in Illinois !L. 61008-4226 means the deed passes to the surviving own- ers...so why would the Illinois Generai Assembiy PRACTICE AREAS make a Statue/code cailed the "Joint Tenancy Act" Bankruptcy and (765ILCS1005/)? and...why would an attorney debt. Chapter 7 drafting a deed in Illinois insert the language "Not bankruptcy, in Tenancy in Common but in Joint Tenancy''...Why Workers was the Statue created? and ...why use these compensation, Probate, General words in a property transfer deed if Joint Tenancy already means Survivorship? practice, Personal injury. Real estate 2/27/2021 8:28 AM rs

> View fuii profile (https://www.awo.com Absent any designation, multiple owners of a prop /attorneys/61008-ll-henry- erty in Illinois are considered tenants in common. repay-1107113.html) While they hold an interest In the entire property, their ownership "shares" would pass through their Archive 0 Spam respective estates upon their passing. Statutorily, 2000 Type your message

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1 of2 3/2/2021,8:21 AM ://www.awo.com/)

Henry Repay (4reviews)

ienancy"...Why was the Statue created? and ...why use these words in a property transfer deed if Joint Tenancy already means Survivorship?

IS T\i€. "PeSt £.^3PfT40W^ Absent any desionation. multiple owners of a property in Illinois are considered tenants in common. While they hold an interest in the entire property, their ownership "shares" would pass through their respective estates upon their passing. Statutorily, the common altematives are joint tenancy and tenancy by the , entirety, each of vrhich have the attribute of survivorship. To create one of these forms of ownershipf^compliance with thi^ enabling statute is requlred?^he Joint Tenancy Act was very specific in the language It required to create a joint tenancy jitSuLu-^ ^ and, dtiu. as ab such, most aeeos sucn. most deeds vou you see see will will contain contain the the full full ^ statement that you mention. This has been relaxed a bit in the last few years, but many attorneys will still follow it (either as a "safety net" or because the forms they use have always contained the language). Likewise, there are specific requirements for a tenancy by the entirety.

2000 lyps your messace...

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I , RE; raa^Nn. 19-09-23159-CVR Kurt W.Muench,et al v. Upcurve Energy Partners, LLC,et al in the District Court in and for Reeves County. Texas, 143"^ Judicial District Counsel and self-represented parties: On May 22,2020,the court conducted a hearing on the various summary judgment motions filed 1^ the Plaintiffs and Defendants. The court took the matters under advisement Having considered the pleadings, the motions and the responses, the summary judgment evidence, and the argument of counsel at the May 22, 2020 hearing, the court rules on the motions as follows: 1. The court fmds that, pursuant to the parties' First Amended Joint Stipulation, filed on April 29, 2020, the 3 grantees named in the subject 1981 Quit Claim Deed, Shirley A. Muench, Richard A. Werner, and Geraldine Fox (hcrcm,the "Grantees"), were the children ofthe grantor, Dorothy M. Wemer.

2. The court finds that the Grantees, as the children of Dorothy M. Werner, were the natural objects of the bounty of Dorothy M. Werner.

3. The court finds that the transfer of the 160 acres in Reeves County, Texas(herein, the "Subject Propcrt>'")from Dorothy M. Wemer to the Grantees was a gill, rather than a sale.

4. The court finds that the Grantees received the Subject Property as their separate property.

5. The court finds that the 1981 Quit Claim Deed did not explicitly include survivorship language, and accordingly, the Subject Property was not transferred to the Grantees with rights of survivorship.

6. The court grants the Plaintiffs' traditional motion for summary judgment 7. The court denies the Defendant' motions and cross-motions for summary judgment.

8. Ihe court gives permission for an interlocutory appeal.

The court directs Mr. King to prepare and present a form ofjudgment to opposing counsel and the self-represented parties for approval as to form, and for subsequent filing \vith the court.

Yours truly.

Mike Swanson

MS/ba IF 1981QCD GRANTS RIGHTS OF Result: MuenchG: 20% each Dorothy SURVIVORSHIP; Position of Fouts and Stibolt Fouts and Stibolt: 20% each Werner CCD.tJtf 31, xm In e¥«n 1/M to SMrlry A. Muench.Mch*^ A.

Wencf.GenMlne Foe

Geraldine Werner Fouts Shirley A. Muench Earl Muench Geraldine Mae Robinson Fox (last to survive) Richard A. Werner Werner James E. Fox, Sr. Died Intestate, 1998 Died Intestate, 2014 Died Intestate. 1999 Died Intestate,2006 QCD,July 8 2003 in even l/5ths to: Died Intestate. 1983

Billie Carol Robinson Reed Kurt Werner Muench Sheila Diane Stibolt Ronald Fox James Robinson James Fox Frank "Skip* Williams Fouts, Sr. Lance Anthony Muench William Robinson Jeffrey Fox Kurt Werner Muench Mark Alex Muench Robert Robinson Lance Anthony Muench Larry Fox Mark Alex Muench

20% Ownership Each.

S7ATS Ov* ILLlJfOJS ) ) 33 COiniTX OP COOK ) QUIT CLAirS I33BD Kiio;^ ALL KEK BY TRSSE FSESSNT, (Riat I, Dorothy M. Werner, a widow and not- remarried, for and in oonalderation of Ten and 00/100 Dollars and other good and valuable consldarabions to me in hand paid by Shirley A. Muench, Richard A» Werner and Oeraldine FoXf have granted, sold and conveyed, AHD BY THE^ PRESSi?T3 do grant, sell and convey unto the said Shirley Muench of the Village of Homowood, Richard A, Werner of the City of Park Porest, and Oeraldine Fox of the city of Park Forest all being of the County of Cook and State of Illlnola,..not In Tenancy In Common but in Joint Tenancy, all that certain property located in the County of Reeves and State of Texas described as follows: The Southeast one-fourth (S5%) of Section 28, Block C-S, Public School Land Survey, Reeves County, Texas, con taining 160 acres of land, TO HAVS AiTD TO HOLD the above described premises together with all and singular the rights and appurtencas thereto in any wise be longing, unto the said Shirley A, Kuench, Richard A» VTex^er and deraldine Fox, their heirs or assigns forever. And I do hereby bind myself, my heirs, executors and administrators to warrant and forever defend all and singular the said premises unto the said Shirley A. Muench, Richard A. Werner and Geraldine Fox, their hairs and assigns, against every person whomsoever, lawfully claiming or to claim the same or any part thereof.

WITNESS Diy hand, this 9/ day of July A.D. ^Si; and delivered in the presence of 31/ and £"<a^r| Q-^k t

Dorothy vjerner WI T^TESS ' - I - 2.

S-rAXS OP ILLINOIS ) ) S3 COONTY" OP COOK ) ' Before me ^ Notary Public on this day personally appeared Doro^y Werner, known to me to be the person whose napie is subscribed to the foregoing instru- nent, and acknowledged to me that she executed the same for the purposes and consideration therein expressed.

Given under my hand and seal this ^ \ day of July 1991.

^ \ •- .rozarT \ C. i-9' ■ N 6- ' ''-i v.V; •■^^^ -..^/.^dssfcission Zxpires:

This instrument prepared by Michael Lantry, lSl59 Dixie Ewy., Homewood, Illinois z-.

RLcD r DR RSCORO RSEVES cou^rr/.

Apr 24,.20t? sS rSZtiTJ

CORRECTION QUIT CLAIM DEED (Nonmaterial Correction) Date: April 3,2017 Person Execnting tibis Correction Quit Qafm Deed: Michael l^anfaty(''Lantiy^ Mailing Address ofLantry: 18159 pixie Hi^iway;Siiite2 Homewood,IL 60430 D^riptioB of Conveyance Being Corrected (the"Or^al Conveyance'^: Dane: Jdy31,19SI (iiantor: Doiothy M.Werner,a mdow and notleuianied Grantees: Shirley Muench, Ricbaid A, Werner, and Geraldine Fox, as joint tenants and not as tenants in conunon Property Description: The Southeast one-fbinth (SEl/4)of Section 28,Block C-8,Public School Land Sorvey, Reeves County, Texas, containing 160 acres ofland Recording Data: Vohime 408,Page 81,Deed Records ofReeves County,Texas Error Being Corrected: The words 'Vitii rights of survivorship'' were inadveitentiy excluded horn die Origlna!

Conveyance after the words "not in Tenancy in Coinnion bat in Joint Tenancy"(in the first paragraph ofthe Original Conveyance).

CorrectioD: Adding tite words "widi rights of survivorship" to die Orighial Conveyance after die words "not in Tenancy in Commoii Init in Joint Tenancy"(in the first paragraph of die OrigiDai Conveyance).

Other than the stated correction, no changes are being made hereby to the Original Conveyance as origmaliy recorded, and die eftective date of diis Correction Quit Claim Deed relates back to the effective date ofthe Original Conveyance.

CcnecdMi Quit Claim Deed Page 1 of4 V-' ■V

Facts Relevant to tibc Corrccfioii: ^tor intended to convey her inteawt in the Property to Grantees as joint feni.nh: wifli ^ts of survivemhip, and not as tenants in common. This intent is clear ftom the woids ^ in Tenanqr in Common but in Joint Tenancy" in the first paragi^ of the Orieinal ^veyafice. The words "with ri^ts of survivOTship" were inadverteittly excluded ftom ^ On^ Conveyance as they are not necessay in Gramor's borne jurisdiction of iliinois.

^xs for Personal Knowledge of Facts Rdevaat to the Correethm: Larrtiy was the attorney rcpresttiting Grantor who drafted the Original Conveyance.

Lantry has persona! knowledge of the fects lelevairt to fee (XMrcction - he icnows what Graotor lot^ded.

A ofthis Correction Quit Claun Deed and notice has be^ provided to each party to fee Ongmal Conveyance (or their heirs and assi^). Evidence of notice is attached to this ejection Quit Claim Deed as Exhibit "A"

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AckBowIedgment State&f CoDoty of /Q-yo jx This instrument was acknowledged before me on the ?A^day of /Qf)Ni) 2017, by Michael LaDby, ^

(Personalized Seal) N Public CFRCIALSEAL CHARLES LANTRY NOTARY PUaJC - STATE OF ILLINOIS MY COMMISSION eXPlRES^)1/24/20

AFTER RECORDING RETURN TO: Eric C. Camp Decker Jones, P.O.

Burnett Plaza, Unit #46 Cherry Street, Suite 2000 Fort Worth, Texas 76102 Page 2 of4 Exhibit AFPTPAVrr OF MAIUWG ^ o STATE OF TEXAS § L § COUNTY OF TARRANT § BEFORE ME,the imdefsigaed authoiity, <m^day personally appeared Tiraofliy E.Malone, ' known to me to be the person ^4iosc name is subscribed hereto, who aftar having been first duly ^ sworn, deposed and under oath stated: - •- 0 "My name is Timofiiy E. Malone. i am ovo'the age of 18 and ofsound mind. \ am weu and . personalJv acquainted With the Correction Quit Claim Deed to which this Aifidavit is attached. ■ On the I day of U|-yUL 2017,1 mailed the Correction Quit Claim Deed to whirfi tiiis Affidavit is attached by certified mail retum receipt requested to the following described persons, being the successors and heirs ofthe Grantor Grantee ofthe Oiginai Instrument as describ^ in die Correction Quit Claim Deed to which this Affidavit is attached. p G Sheila Diane Stibolt 5058 Briarwood Circle N.

Keizer, OR 97303 Frank William Fouts G 1140 E.County Line Rd. -t Grant Park,IL 60940 X i.

Kurt W.Muendi 1251 Ridge Road Homewood,IL 60430 Lance A. Munich 20504 Dutka, Chicago Heights, IL 6041} Marie A.Muench 10737 S.Hoyne Chicago, 60643 Further affiant saidmot*^ AFFIAWy /4 Hmofiiy £.Afidone Correction Quit Chum Deed Page 3 of4 state ofTexas § § Coonty ofTarraat § o J Swom to and subscribed to before me on the l'1^^ day of iLQtdi ,2017, by Tiraofoy E.Malone.

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"Motary Public 'J G i©.TiEra liolMyiD489139^^ MyOofwiiiBsion i Aprff4,2e^0 i

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O- ?lo!^=e2 COilj'iTV CLirI?JC Apr 24 ??i 51:87 PSl IJc'fcEVES Br. . D?!r:.r

CbriectKm Quit Churn Deed P^4of4 Prima Facie I Real Estate Words https://www.realestatewor(is.com/prima-facie-

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