COURTNEY TERRY RUSK COUNTY DISTRICT CLERK

P. O. Box 1687 - Henderson, TX 75653-1687 115 N. Main St., Suite 301 ~ Henderson, TX 75652 Phone: (903) 657-0353 Fax: (903) 657-1914

NOTICE OF FINAL JUDGMENT

RE: CAUSE NO: 2013-390

LUMINANT MINING COMPANY LLC IN THE FOURTH JUDICIAL

VS. DISTRICT COURT

DEBORAH D. JOHNSON, MICHELLE DADE RUSK COUNTY, TEXAS WILFRED COOKSEY, GERALD TONEY, NICOLE TONEY, HOWARD STORY, MARION CAROL STORY, NELSON GREENWOOD, JR., MAJORIE H. WILLIAMS, WILMER FORREST TRIMBLE, JR., A/K/A WILMER FORREST TREMBLE, JR., SHARON TRIMBLE DONALDSON, SELIA TRIMBLE SHAWKEY, AND BILLIE J. MURPHY TREMBLE

You are hereby notified that on the 16th day of December,2014, the Court signed the FINAL JUDGMENT

in the above entitled and numbered cause.

COURTNEY TERRY, . *,, . )unty District Clerk. >*£gCiB^

BY:

Dated: December 17,2014 cc: All Parties of Record FLOWERS-DAVIS,P.L.L.C, Attorneys at Law Celia C. Flowers* * Board certified. On, Gas ft Mineral Law Roberts. Davis Texas Board of legal specialization 1021 ESE Loop 323, Suite 200 Chad C.Rook " Board certified. Residential real estate law Texas board of Legal Specialization Tyler, Texas 75701 LeeLCorrea * Board certified, civil Trial law Main TaEPHONE (903) 534-8063 Robin h. O'Donoghue TEXAS BOARDOF LEGALSPEClALlZATlOtf Facsimile: (903) 534-1650 Richard B.Vance Caren C. Courtney Julie P. Wrioht Thomas H Buchanan* Michael W. Janecek Immigration (903) 592-8186 • Board Certified, On, Gas &mineral law Jane W. Janecek Texas Board of leoal speoauzatum WVVAY.FLOWFRSnAVftCr>M J. Mitchell Beard Melanie S. Reyes Alan W. Tomme Stuart R. Hene Longview Office: J. Scott Miller 1516judsonroad Steven M. Mason Preston w. McGee* Longview, Texas 75601 *Board Certified, personal In/ury Trial La» Morgan M. Elliott Telephone: (903) 757-8900 Texas board op legal SreaAUZAim* Natasha L. Gransberry Facsimile: (903) 757-8902 • board Certified, Civil trial uw Catherine Chesley Goodgion Texas Board of legal Specialization William R. Knight, Jr. Midland Office: Virginia D. Young Maya P. Jedlicka A.D. (Dean) Chapman, Of Counsel 3001 W.Loop250 North, Ste.C105-366 Donald Ross Patterson*, of Counsel Midland, Texas 79705 * board certified. immigration &natknality uw Andrew R. Schwing, Of Counsel Texas board of leoal specialization Telephone: (432)897-4810

December 19, 2014 Billie J, Murphy Tremble 2806 Evans St. Marshall, TX 75670

Re: Cause No. 2013-392, Luminant Mining Company, LLC v. Wilmer Forrest Trimble, Jr., et al Cause No. 2013-390, Luminant Mining Company, LLC v. Deborah D Johnson etal Cause No. 2013-391, Luminant Mining Company, LLC v, Wilmer Forrest Trimble, Jr., et al

Dear Ms. Tremble:

An order to sell the property in above-referenced lawsuit was signed on Tuesday December 16 , in Rusk County. We have been engaged by the Receiver to disburse funds' to all parties entitled to receive sales proceeds.

In that regard, I have enclosed a W-9 which needs to be completed and returned in the enclosed, pre-addressed envelope. Upon receipt from you of a fully completed W-9 form we will disburse the percentage offunds payable to you at the address you have provided on the W- 9 form.

Ifyou have any questions, please feel free to contact me at 903-534-8063. Sincerely,

CCG/bd Catherine Chesley Goodgion enclosures Form Request for Taxpayer Give Form to the (Rev. August 2013) requester. Do not Department of the Treasury Identification Number and Certification internal Revenue Service send to the IRS. Name (as shown on your income tax return)

Business name/disregarded entity name, ifdifferent from above

o. Check appropriate box for federal tax classification: c Exemptions (see instructions); o D (rtdlviduai/sdB proprietor • CCorporation • SCorporation • Partnership Q Trust/estate S8 If o £ • Limited lability company. Enterthe tax classification (C=C corporation, S=S corporation, P=partnership) * Exempt payeecode (If any) Exemption from FATCA reporting i! D Other (see instructions) • code fit arty)

E Address (number, street, and apt. or suite no.) u Requester's name andaddress(optional) & 01 ID City, state, and ZIP code O

List account numbers) here (optional)

Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box.TheTIN provided must matchthe namegiven on the "Name" tine Social security number toavoid backup withholding. For Individuals, this isyour social security number (SSN). However, for a resident alien, soleproprietor, ordisregarded entity, see the PartIinstructions on page3 Forother entities, itisyour employer identification number (EIN). If you do nothave a number, see How to geta TINon page 3. Note. If the accountis in more thanone name, see the chart on page Aforguidelines on whose Employer identification number number to enter.

HEMDi Certification Under penalties of perjury, 1certify that: ~" 1. The number shown on this form is my correct taxpayer Identification number (or Iam waiting for a number to beIssued to me), and 2. Iam not subject to backup withholding because: (a) Iam exempt rrom backup withholding, or (b)! have not bean notified by the Internal Revenue Service (IRS) ha am subject to backup withholding as aresult of afailure to report all interest or dividends, or (c) the IREhas '<uu»ou no longer subject to backup withholding, and notffl*S ar, me mm an 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA codefs) entered on this form (if any) indicating that Iam exempt from FATCA reporting iscorrect. Certification instructions. You must cross out Item 2above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2does not apply FornwtMM^ interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement flRA) and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN Seett» Instructions on page 3. Sign Signature of Here U.S. person >- Date*

General Instructions withholding laxonforeign partners' share ofeffectively connected income, and Section references are to the Internal Revenue Code unless otherwise noted. 4. Certify thatFATCA code(s) entered on this form (if any) indicatina thatyou are exempt from the FATCA reporting, is corToct Future developments. The IRShas created a page on IRS.gov for Information about Form W-B,at wwwjra.gov/iv9. Information about any future developments Note. If you area U.S. person anda requester gives you a form other than Form affecting Form W-9 (such as legislation enacted after we release it) willbe posted W-9 torequest your TIN, youmustuse the requester's form ifitissubstantially on that page. similar to this Form W-9. Definition ofa U.S. person. Forfederal tax purposes, you areconsidered a U.S Purpose of Form person if you are: A person who is requiredto file an information return withthe IBSmust obtain your • Anindividual whois a U.S.citizenor U.S. residentalien, correct taxpayer Identification number (TIN) to report, (or example, income paid to • Apartnership, corporation, company, or association created ororganized in the you, payments made to you in settlement of payment card and third party network Unrted Statesor underthe lawsof the UnitedStates, transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellationof debt, or contributionsyou made • Anestate (otherthan a foreign estate), or to an IRA. • Adomestic trust (as defined in Regulations section 301.7701 -7), Use Form W-9 only if you are a U.S. person (including a resident alien),to Special rulesforpartnerships.Partnerships thatconduct a trade or business in provide your correct TIN to the person requesting It (the requester) and, when the United States aregenerally required to pay a withholding tax under section applicable, to: 1448on anyforeign partners'share of effectively connected taxable income from 1. Certifythat the TINyou are giving is correct (or you are waiting for a number suchbusiness. Further, incertain cases wherea Form W-9 hasnot been received lo be issued), the rules under section 1448 require a partnership topresume that a partner isa 2. Certify that you are not subject to backup withholding, or foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that isa partner in a partnership conducting a trade orbusiness in iha 3. Claim exemptionfrom backup withholding tfyou are a U.S.exempt payee. II United States, provide Form W-9 to the partnership to establish your US status applicable, you are also certifying that as a U.S. person, your allocable share oF and avoid section 1446 withholding onyour share ofpartnership income any partnership income trom a U.S. trade or business is not subject to the

Cat. No. 10231X Form W-9 (Rev. 8-2013) ^ W 00102067 V0L=^.J53 PG = 622

Area 361 Tracts 1343 & 1344

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOUARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

CASH WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF RUSK §

That 1, EMMA JEAN TRIMBLE SMITH, hereinafter called Grantor, for and in

consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable

consideration paid by LUMINANT MINING COMPANY LLC, a Texas Limited Liability

Company, hereinafter called Grantee, as follows:

CASH, the receipt and sufficiency of which is hereby acknowledged and confessed;

have Bargained, Granted, Sold and Delivered, and by these presents do Bargain, Grant, Sell and

Deliver unto the said Grantee, whose address is 500 N. Akard, Dallas, Texas, 75201, all of my

undivided interest in the following described tracts of land, in Rusk County, Texas, together with all

improvements situated thereon, to-wit;

LUMINANT MINING TRACT 1343 IN AREA 361

All that certain tract lot or parcel of land, a part of the THOMAS WILLIAMS SURVEY, A-833, Rusk County, Texas, and also being all of that certain called 37.46 acre tract (Tract 4) of land described in a Declaration of Unit dated February 17, 1981, that is recorded in Volume 1301, Page 825 of the Deed Records of Rusk County, Texas, as shown on the attached Exhibits A & A-l.

LUMINANT MINING TRACT 1344 IN AREA 361

All that certain tract lot or parcel of land, a part of the THOMAS WILLIAMS SURVEY, A-833, Rusk County, Texas, and also being all of that certain called 65 acre tract of land described in a deed dated November 17,1900, from Ollie Brooks, et ux, Minnie to W. M. Pollard that is recorded in Volume 51, Page 88 of the Deed Records of Rusk County, Texas, as shown on the attached Exhibits B & B-1.

Grantor specifically reserves unto herself, and the present record owners, her heirs and

assigns, alloftheoil,gasand liquid hydrocarbons lying in, on, and under theabove described lands

together with the rightof ingress andegress fortherecovery and production of same. However, no

operations fortherecovery ofsuchoil,gasand liquid hydrocarbons shall interfere with Grantee's use

of the subject property. Grantor specifically conveys all thecoal and lignite lying in, on,and under

\W.Sc6* %&" OO102067 VOL= >n.53 PG = 623 w W

Tracts 1343 and 1344, together with theright ofingress and egress. Thisconveyance issubject toall

existing valid oil, gas and mineral leases,and coal and lignite leasesof recordcovering subject land.

This conveyance is subject to all existing recorded rights-of-way, and easements ofrecord in

the Deed Records of Rusk County, Texas, or those whichhave been acquiredby prescriptive rights.

TO HAVE AND TO HOLD the above described premises, together with all and singular the

rights and appurtenances thereto in anywise belonging unto the said GRANTEE, its successors and

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 GRANTEE, its successors and

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

thereof.

WITNESS MY HAND this 13th day of December, 2010.

>l^»*V»**^»V*V»«IV»%>l»l»»SWWlV

RUSSELL DAVIS lousy PuUic State of Tok*

W2^ COMM. EXP. 0*05-2012

THE STATE OF TEXAS § § COUNTY OF HARRISON §

This instrument was acknowledged before me on the 13th day of December, 2010, by

EMMA JEAN TRIMBLE SMITH.

jg$%$\ RUSSELL DAVIS Notary Public, State of Texas /*j'lA_'-*t IVSST'*/ Mola'Ypl*lte3tt,k»<,'1fe*<tt ^%$^ COMM. EXP. 09-06-2012 Rusk County Appraisal District - Account # 00833-21193-01344-000090 Page 1 of2

Official Website Hotted By Prttchard a Abbott, Inc. Chief Appraiser - Terry W. Decker, rpa, rta

General Real Estate Property Information

New Property Search Go To Previous Page

Property ID: 24395 Account / Geo Number: 00833-21193-01344-000090

jProperty Legal Description: AB 833 T WILLIAMS SUR Survey / Sub Division Abstract: TU TR NO. 1344 AREA 361

SMITH EMMA JEAN TRIMBLE

[Block: jProperty Location; P-7

ISection / Lot:

Owner Information: LUMINANT MINING CO LLC View Building Detail Information STATE & LOCAL TAX DEPARTMENT

PO Box 219071 View Land Detail Information

Dallas TX 75221 9071

Deed Information: Previous Owner: POLLARD W M Volume: 13053 (Page: [622 View Previous Owner Information jFile Number: [102067 ;Deed Date: [12/16/2010

Property Detail: C View GtS Map The map link above is not affiliated with this website. |Agent: None It is a 3rd party GIS link to provide additional JProperty Exempt: information only. 1 Category/SPTB Code: |D1 ( Printer Friendly Version......) (Total Acres: 64.736 Click the button above for a printable version of this JTotal Living Sqft: See Detail record with all available details.

http://ruskcad.org/(S(rbdvrsz5221utx551zz2zf55))/rgeneral.aspx?ID=24395&seq=l 8/24/2014 Rusk County Appraisal District - Account # 00833-21193-01344-000090 Page 2 012

Owner Interest: 1.000000 Ag Form 1-d-1 Homestead Exemption: | Homestead Ca p Va 1ue: 0 Timber Form 1-d-t

Land Ag/Timber Value: |6,090 Land Market Value: |90,630 Improvement Value: |o * View 5 Year Value History Property Market Value: 90,630

Jur Code Description Market Value Homestead Total Exemption Taxable

04 RUSK CO APPR DIST 90,630 0 6,090

05 RUSK COUNTY 90,630 0 6,090

05R RUSK COUNTY SPEC ROAD 90,630 0 6,090

05S COUNTY SCHOOL 90,630 0 6,090

46 HENDERSON I.S.D. 90,630 0 6,090

65 RUSKCOESD#l 90,630 0 6,090

66 RUSK CO GROUNDWATER CONSV DIST 90,630 0 6,090

New Property Search Go To Previous Page

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Real Estate Appraisal Information is the 2014 CERTIFIED Appraisal Values. © RUSK COUNTY APPRAISAL DISTRICT | Last Data Update: 07/16/2014

11, mmm 4 a$$Ti me. Htwii* emwiMTS

©2014 Pritcharc! & Abbott, Inc. - All rights reserved. Version 1.9.9

http://niskcad.org/(S(rbdvrsz5221utx551zz2zf55))/rgeneral.aspx?ID=24395&seq=l 8/24/2014 Rusk County Appraisal District - Account # 00833-21193-01343-000010 Page 1 oi2

Official Website Hosted By Prttehart a Abbott, Inc. Chief Appraiser - Terry W. Decker, rpa, rta

General Real Estate Property Information

New Property Search Go To Previous Page

[Property ID: 24372 [Account / Geo Number: 00833-21193-01343-000010

Eroperty Legal Description: AB 833 T WILLIAMS SUR |Survey / Sub Division Abstract: TU TR NO. 1343 AREA 361

SMITH EMMA JEAN TRIMBLE

Block:

Pro perty_Loca_tion;. 5339 N FM 2658

TATUM TX 75691 !Section / Lot:

Owner Information: LUMINANT MINING CO LLC View Building Detail Information STATE & LOCAL TAX DEPARTMENT

PO Box 219071 View Land Detail Information

Dallas TX 75221 9071

[Deed Information: Previous Owner: POLLARD EMMA MRS ESTATE iVolume: |3053 [Paqe: |622 View Previous Owner Information [file Number: 102067 J JDeed Date: 12/16/2010

jProperty Detail: (I View GIS Map The map link above is not affiliated with this website. JAgent: None It is a 3rd party GIS link to provide additional information only. [Property Exempt: jCategory/SPTB Code: Dl [ Printer Friendly Version j iTotal Acres: 33.094 Click the button above for a printable version of this Total Living Sqft: See Detail record with all available details.

http://ruskcad.org/(S(ud452u45qduu4q553sjlqc45))/rgeneral.aspx?ID=24372&seq=l 8/24/2014 Rusk County Appraisal District - Account # 00833-21193-01343-000010 Page 2 or 2

(Owner Interest: 11.000000 Homestead Form

Homestead Exemption: Homestead Cap Value: 0 Ag Form 1-d-1

Land Ag/Timber Value: 2,180 Land Market Value: 46,330 Timber Form 1-d-1

Improvement Value: 56,110 Property Market Value: 102,440 \ * View 5 Year Value History

Jur Code Description Market Value Homestead Total Exemption Taxable

04 RUSK CO APPR DIST 102,440 0 58,290

05 RUSK COUNTY 102,440 0 58,290

05R RUSK COUNTY SPEC ROAD 102,440 0 58,290

055 COUNTY SCHOOL 102,440 0 58,290

46 HENDERSON I.S.D. 102,440 0 58,290

65 RUSKCOESD#l 102,440 0 58,290

66 RUSK CO GROUNDWATER CONSV DIST 102,440 0 58,290

New Property Search Go To Previous Page

Home | Contact Us | Location | Forms 1 Disclaimer

Real Estate Appraisal Information is the 2014 CERTIRED Appraisal Values. © RUSK COUNTY APPRAISAL DISTRICT | Last Data Update: 07/16/2014

i §) HIHBMBB1 iBB$ri IBC. MOMiMCBMSBMBTS

©2014 Pritchard & Abbott, Inc. - Ail rights reserved. Version 1.9.9

http://ruskcad.org/(S(ud452u45qduu4q553sjlqc45))/rgeneral.aspx?ID=24372&seq=l 8/24/2014 Rusk County Appraisal District - Account # 00160-21193-01262-000520 Page 1 of 3

Property ID: 1834 Owner: LUMINANT MINING CO LLC

Property ID: j 'i'Account Number: ,1834 >| 00160-21193-01262-000520

Property Legal Description: Deed Information: AB 160 D CORTTNAS SUR 1 Volume: 3054 ! TU TR NO. 1262 AREA 361 Page: 395 1BARR BESSIE ET AL File Number: 102200 1 Peed Date: 12/21/2010 i i « Property Location:

CR326

i Block: { i

Survey / Sub Division Abstract: Section / Lot: j

• Owner Information: •'Property Detail: ] LUMINANT MINING COLLC Property Exempt: t STATE & LOCAL TAX DEPARTMENT '! Category / SPTB Code: Dl i

f PO Box 219071 Total Acres: 25.326

(Total Living Sqft: See Detail

Dallas TX 75221 9071 Owner Interest: 1.000000

'] Homestead Exemption: ' Previous Owner: •! Homestead Cap Value: 0

I BARR BESSIE Land Ag / Timber Value: 2,280

' Land Market Value: 35,460

/Improvement Value: 0

Property Market Value: 35,460

Jur Code Jur Name Total Market Homestead Total Exemption Taxable

04 RUSK CO APPR DIST 35,460 0 2,280

05 RUSK COUNTY 35,460 0 2,280

05R RUSK COUNTY SPEC ROAD 35,460 0 2,280

05S COUNTY SCHOOL 35,460 0 2,280

46 HENDERSON l.S.D. 35,460 0 2,280

65 RUSK CO ESD#1 35,460 0 2,280

66 RUSK CO GROUNDWATER CONSV DIST 35,460 0 2,280

Property ID: 1834 Owner: LUMINANT MINING CO LLC

Land Detail Page 2 of 3 Rusk County Appraisal District -Account #00160-21193-01262-000520

Land Sequence 1 Market Class: RC999 Market Value: 35,460 Acres: 25.326 Ag/Timber Class: ATM3 Ag/Timber Value: 2,280 Land Method: AC Land Type: M3PR Ag Code: TIM Land Homesiteable: NO Rear Foot: N/A Lot Depth: N/A Front Foot: N/A Lot Depth %: N/A Land Square Ft: N/A Front Ft Avg: N/A Land Note:

Total Land Value: $35,460 0004-7051 VOL= 2740 FG= 73

AFFIDAVIT OF HEIRSHIP

STATE OF TEXAS §

COUNTY OF RUSK §

Before me, the undersigned authority, onthis day personally appeared Bloys Donaldson, whose address is 2010 "Winebeny Drive, Katie, Texas 77450, known to me to be a credible person above the age of 21 years, who byme, duly being sworn, deposes and says to wit: That his name isBloys Donaldson, that he is presently above the age of 21 years old and that he is thoroughly familiar with the marital history and heirship ofW. M. Pollard and that he makes the following statements from his own personal knowledge:

W. M. Pollard was married one time only and then to Emma Pollard. W. M.Pollard died intestate on October 23, 1967 in Rusk County, Texas. Emma Pollard died intestate onDecember 17, 1975 in Rusk County, Texas. To their union ofmarriage, the following children were bom; 1. Lora Pollard, a daughter, who died intestate in March 2007. Lora Pollard was never married and had no children.

2. L.ee Pollard, a son. who died intestate onApril 2, 1998. Lee Pollard was never married and had no children.

3. 1. V. Pollard, a daughter, who died intestate onJuly 18, 1997. I. V. Pollard was never married and had no children.

4. Rogers Pollard, a son, who died intestate onNovember 10, 2003. Rogers Pollard was never married and had no children.

5. Audrey Pollard, adaughter, died intestate in August 1962. Audrey Pollard never married and had no children.

6. Robert Pollard, a son, who died intestate in September 1960. Robert Pollard never married and had no children.

7. Selia Bell Pollard Trimble, a daughter, who died intestate in 1999. Selia Bell Pollard Trimble, aka as Selia Bell Pollard Tremble was married one time only and then to Young Trimble, aka ay Voimg Tremble. Young Trimble died hastate in 1972- To their union of marriage, the following children were bom:

a. Wilmer Forrest Trimble, aka Wilmer Forrest Tremble, Si\, a son, who died intestate in 1978. He was married one time only and then to Billie Murphy Trimble, who is currently living. To their union of marriage, the following children were born:

1. Wilmer Forrest Trimble, Jr., aka Wilmer Forrest Tremble, Jr., a son, Q0047051 VOL_= 274-0 PG = 74

who is currently living.

2. Sharon Trimble Donaldson, aka Sharon Tremble Donaldson, a daughter, who is currently living.

3. Selia Trimble Shawkey, aka Selia Tremble Shawkey, a daughter, who is currently living.

No otherchildren were bom to or adopted by Wilmer ForrestTrimble, Sr.

b. Emma JeanTrimble Smith, aka Emma Jean Tremble Smith, a daughter, who is currently living.

c. William Trimble, akaWilliam Tremble, a son, who died in infancy.

d. Alsie Meanor Trimble, aka Alsie Meaner Tremble, a daughter, who died in infancy.

No other children were bom to or adopted by Selia Bell Pollard Trimble.

8. Darrel Pollard, a son, who died intestate in March 2007. Darrel Pollard was married one time only and then to Faye Pollard. Their marriage ended in divorce prior to the year of 1965. To theirunion of marriage, the following child was born:

a. Sharolyn Pollard Dorodula, a daughter, who is currently living.

No otherchildren were bornto or adopted by Darrel Poliard.

9. Irene Pollard McConnell, a daughter, who died intestate in. 1991. Irene Pollard McConnell was married one time only and then to William McConnell, who died intestate in 2002. To the union of their marriage, the following child was bom:

a. Joette McConnell Wallace, a daughter, who died intestate in November 2002. Joelte McConnell Wallace was married one time only and then to Aaron Wallace, who died in 2001. Totheir union ofmarriage, the following child was born: 1.Marcia DeniseWallace, an adopted daughter, who is currently living.

No otherchildren were born to or adopted by Joette McConnell Wallace.

No otherchildren were bom to or adopted by Irene Pollard McConnell.

10. Lloyd Pollard, a son, who died intestate in 1998. Lloyd Pollard was married one time only and then to Ola Mac Pollard. Their marriage ended in divorce prior to the year of 1960. To their union of marriage, the following children were bom:

a. Diane Pollard Johnson, a daughter, who is currently living.

b. Gayle Pollard Geters, who died intestate in June 2005. Gayle Pollard Geters was married one time only and then to Douglas Geters. Their marriage ended in divorce prior to the year of 1990. To their union ofmarriage, the following children were bom: 0004-7051 VOL= 2740 PG =

1. Ivan Geters, a son, who is currently living. 2. Douglas Geters, IV, ason, who is currently living. No other children were bom to or adopted by Lloyd Pollard. No other cliildren were bom to or adopted by W. M. Pollard and Emma Pollard. Further Affiant sayeth not.

Bloys Donaldson, Affiant

STATE OF TEXAS §

COUNTY OF RUSK §

Subcribed and svyo T^dayofApril,2007by Bloys Donal Kalhryn Haajy Notary Public, State of Texas

AFTER RECORDING, RETURN TO: Tom Gredn 1125 JudsonRd., Suite 105 Longview, Texas 75602

STATE OF TEXAS COUNTY OF RUSK FILED FOR RECORD I hereby certify that this instrunent was filed on the date and time staged hereon ha m end Apt aQriUUr u.uur was dub recorded in the volune and page of the naied records of Rusk Counts, Terns as stowed JOfcE LEWIS, COUNTM hereon ba ne. ' OFFICIAL PUBLIC RECORDS RUSK COUNTf» TEXAS Apr 30-2007 12=00P

JOYCE LEWIS- COUNTY CLERK RUSK. COUNTY r TEXAS The Uniform Partition of Heirs Property Act (UPHPA) helps to solve the problem while preserving a co-tenant's right to sell his or her share of property. It is important to note that the act only applies to heir property- one or more co- tenants must have received his or her property interest from a relative - and only when there is no written agreement governing partition among the owners. If both of those conditions exist, the act requires certain protections when a co- tenant files for a partition order. The Defendant did not take the appropriate steps to be compliant with the law. 1. The co-tenant requesting the partition must give notice to all of the other co-tenants. 2. The court must order an independent appraisal to determine the property's value; the court must hold a hearing to consider evidence. 3. Any co-tenant (exceptthe co-tenant(s) requesting partition by sale may buy the interest of the co-tenant seeking partition for a proportional share of the court - determined fair market value. The co-tenants have 45 days to exercise their right of first refusal, and if exercised, another 60 days in which to arrange for financing. If more than one co-tenant elects to buy the shares of the co-tenant(s) seeking partition, the court will pro-rate the sellers shares among the buyers according to their existing fractional ownership percentages. 4. If no co-tenant elects to purchase shares from the co-tenant(s) seeking partition, the court must order a partition in-kind will result in great prejudice to the co-tenants as a group. UPHPA specifies the factors a court must consider when determining whether partition in-kind is appropriate. 5. If partition-in-kind is inappropriate and the court orders a partition-by-sale, the property must be offered for sale on the open market at a price no lower than the court determined valued for a reasonable period of time and in a commercially reasonable manner. Ifan open market sale by sealed bids or by action would be more economically advantages for the co- tenants as a group the court may order a sale by one of those methods.