FILED DEC 0 9 2016 OFFICE OF THE CIRCUIT CLERK 40"" ?1 Circuit Court of St. Louis County 0 ch? mum 105 South Central Avenue Clayton. Missouri 63105? JOAN M. GILMER GARY J.KRAUTMANN CIRCUIT CLERK LEGAL COUNSEL December 9. 2016 RE: Lisa A. Puzder v. Andrew F. Puzder, Case 21482862 Lisa A. Puzder v. Andrew F. Puzder, Case 21546046, -01, ?02 Lisa Henm'ng v. Andrew Puzder, Case 21577367 To whom it may concern: You have requested copies of the above-referenced case files. Case number 21482862 cannot be located at this time, and a search for-it con?nues. That said case numbers 21482862 and 21546046 are both dissolution of marriage cases filed in the 1980's and prior to August 28, 2009. As such. these files are . _.s.ubject.to .the..provis.io.ns_.of which makesthe entire. contents..otth.ese., .. . . files not available to the public except for their "interlocutory of final judgment or any modifiCation thereo . Copies of the judgments in case number 21546046. and its ~01. ~02 subparts . are attached hereto. Pursuant to ?452.430 and ?509.520 full Social Security Numbers, and full financial account numbers. and the birth dates of children. have been redacted from these judgments. Finally. pursuant to Judge Beach's Orderto Seal (copy attached) the attached copy of caselnumber 21577367, does not include the exhibits to the Af?davit of Andrew F. Puzderfiled on July 21, 1988. IN THE CIRCUIT COURT OF THE COUNTY OF ST. LOUIS STATE OF MISSOURI . LISA HENNING, DEC 0 9 2016 Plaintiff, Cause 151031577357 CIRCUIT CLERK. ENNIS-000W VS. Division No. 6 ANDREW PUZDER, . Defendant. ORDER TO SEAL Comes now the Court on its own motion and pursuant to ?452.430 In attempting to satisfy requests for access to the contents of this civil ?le, the Circuit Clerk realized that the exhibits to the Affidavit of Andrew F. Puzder ?led on July 21, 1988, are copies from case no. 21546046, styled Lisa Puzder vs. Andrew F. Puzder, which is a dissolution of marriage ?led prior to August 28, 2009. As such, case no. 21546046, and its contents, are Accordingly, it is the order of the Court that, pursuant to ?452.430 the exhibits to the A?idavit of Andrew F. Puzder are sealed, and shall not be included in the copies of this case ?le provided to the public. SO ORDERED: a? Dou las R. Beach, Judge. Date: [Brig [Cg IN THE CIRCUIT COURT OF THEMCOLIOAITY OF ST. 'Louxj STATE OF MISSOURI JUL 25 1997 In Re The Marriage Of: I . LISA A. FIERSTEIN, CIRCUIT CL ERALL f/k/a LISA A. PUZDER, Lou's COUNTY _Petitioner, Cause No. 546046 v. Division 64 ANDREW F. PUZDER, Respondent. CONSENT JUDGMENTZORDER OF COME NOW Petitioner, Lisa A. Fierstein, f/k/a Lisa A. Puzder (hereinafter referred to as "Mother"), and Respondent, Andrew F. Puzder (hereinafter referred to as "Father"), and for their Consent Judgment/Order of Modification state and agree as follows: WITNESSETH: I WHEREAS, on March 19, 1987, this Court entered a Decree of Dissolution ("Decree") in the above~entitled cause, which Decree incorporated the parties? Marital Settlement and Separation Agreement ("Separation Agreement"); and (WHEREAS, pursuant to i?ua Decree and Separation Agreement, Father was ordered to pay child support in the sum of Seven Hundred Thirty Dollars ($730.00) per month for the minor child, namely, Vanessa Margaret Puzder, and WHEREAS, pursuant to the terms of the Separation Agreement, Father agreed to pay the college tuition, fees, assessments, room and board, and books incurred by Vanessa for four years toward her undergraduate education until Vanessa attains the age of 25 years, except that Father?s total obligation for the foregoing would not exceed the aggregate charges for or cest of the same during the calendar year imposed or charged by the University of Missouri at Columbia, Missouri, for residents of the State of Missouri; and WHEREAS, Father has filed. a Petition to 'Terminate Child Support or, in the.Alternative, Motion to Modify Child Support; and WHEREAS, Mother has filed her Answer to Father?s Petition to Terminate Child.Support and denied that Vanessa is emancipated, and has also filed, in the alternative, her Motion to Modify Child Support; and WHEREAS, the parties agree that modification of the Decree and Separation Agreement is necessary; and WHEREAS, the parties hereto desire to modify their Decree and Separation Agreement with respect to child support and college expenses. NOW, THEREFORE, for valuable consideration, each received by the other, and. for the mutual. promises Iherein. containedq the sufficiency of which is hereby acknowledged, it is agreed as follows: 1. Direct Child Support 'The Decree and Separation Agreement with respect to child support shall be modified by providing that Father shall make his child support payments directly to the minor child, Vanessa Puzder, in the sum of Two Hundred Dollars ($200.00) per month on the first day of the months of September through May, and Four Hundred Dollars ($400.00) per month on the first day of the months of June, July and August, which.payments shall commence on August 1, 1997. 2. The parties agree that there is good cause not to require an immediate income withholding. 3. Father shall pay to Mother the sum of Three Thousand Two Hundred-Dollars as and for retroaCtive child support, payable on or before August 1, 1997. I .4. College Expenses 'The Parties agree that Father shall pay 100% of the costs for Vanessa to attend a post~secondary college, university or vocational/technical school, state or private, subject to the following limitations: a. "Costs" shall include tuition, fees (registration, lab, dormitory and parking), books, supplies (required by the institution for class participation, including but not limited to fabric and.other sewing Supplies), and dormitory costs for room and board. "Costs" shall include the costs for room and board for off~ campus housing such as an apartment or sorority house, however, the obligation.to pay for room and board for "off?campus housing" shall not exceed the cost of dormitory room and board for a student at Columbia College, located in Columbia, Missouri. b. The monies Father is to pay shall be the actual costs for -Vanessa (in?n4_ if 'Vanessa receives a scholarship, educational grant, work-study benefit or other aid which reduces costs, the "cost" does not include the amount of such scholarship or other aid). For this purpose, loans to Vanessa shall not be considered as scholarship or other aid. c. Father may cease payments under this paragraph four (4) if Vanessa receives an undergraduate degree from a college or university, or if Vanessa has attained the age of_Twenty?Five (25) years, whichever is earlier. d. Vanessa must carry at least the minimum number of credit hours each semester which, according to the.institution the child attends, classifies the child aw; a "full~time? student. e. The maximum cost that Father shall be responsible for in any given school year shall be the then cost of tuition, fees (registration, lab, dormitory and parking), books, supplies (required by the institution for class participation, including, but not limited to, fabric and other sewing supplies) and dormitory- costs for room and board at Celumbia College, located in Columbia,? Missouri, regardless (If what institution Vanessa attends. The supplies for which Father shall be responsible shall not aggregate- more than Two Hundred Dollars ($200.00) per month. 7 f. The child support provided above in paragraph 1 shall not abate regardless of whether Vanessa is attending college or at home visiting Mother on weekends, school holidays/vacations, or due to illness. g. Father shall not be responsible for, paying any College Expenses under this paragraph four (4) for more than seven (7) additional semesters at a jpost?secondary' edudational institution. I h. Father's obligation. to pay "costs" as provided herein shall not cease or abate by reason of Vanessa's failure to attend the post?secondary educational institution over the summer months between. the cessation of the Spring semester and. the JUL?zzm?'? 15140 SHERMAN warm? 2101 113.314 733 7735 7 PAGE '2/3 come?cement o: the fol-lowing Fall semester and Vanessa shall not be obligated to attend such irist itution aux-th the summer months . i. Father'may'pay any'or all of the "coasts? under this paragraph directly to the institution which Vanessa is attending. or ldireetly to Vanessa as the case may be. With respect to the payment of supplies pz?oVided above. Vanessa shall submit to Father a receipt, billof sale, or other evidence of the cost at supplies and Father shall have ten. {10) daye thereafter to remit- to Vanessa the amount of such supplies, :2qu eat to a mentth aggregate of Two Hundred Dollars {3200 .00) . If such amount is not. timely remitted to Vanessa, gimme inter-eat shall begin accrue on the unpaid amount at the. rate of 1% per month until the emomt is paid in full. 5. The parties agfee that application of the current child support guidelines is unjust or due to the facts and. eircumstanoes of this case. 6 . In all other respects, the Decree and Separation Agreement entered March 19, 1987, shall remain in full force and effect. i 7- Each party shall pay his or her respective attorney's fees incurred in this matter. couzt costs than be paid by Reepondent . IN WITNESS WP. the parties have hereto set their hands and seals the date written below. Respondent ?ab. Petitioner Date: 3 133:3ng 15:41 KRAUS SHERMAN I 01/22/97 15:09 2101 ?3:314 721 7735 PAGE 3/ 3 (WINE 0W cows-mm, msms, panama, Emma, amazing s: 15me SHERMAN, RWYER. A rmreusianal Camotatim s: swam, L.L.C. 31Raskas, MBB #17410 Bruce E. Friedman, MBE #23833 Ann'omeys for Respondent ?tnameya for Patitidner 7701 Clayton Road 1.65 N. Harmer: Avenue, 6th Floor St, Lpuis. Missouri. 63117 St. Louis. Missouri 63105 Telephone No- (314) 721?7171. Telephone No. {314) 727?2266 Facsimile No. (314) 721?7765 Facsimile No. (314:) 727?2101 SO ORDERED: HONORABLE vmrokm MCKEE, Commiesianer IN THE CIRCUIT carom" OF ST. LOUIS .5115! ?rmly: Mona-mag ma: . I . u? p. [-7323 Petitioner - I ?Halon 7375.184)? Date and - . WW. . Case No. Mir - Division No. is): . (Femii?m'??ndemw ?0 Madify Prior Decree culled. .. 210?) a 1 . Y) (in Person): IE Respondent appoer bx? tm?mkim?lemwn?? fails to napalm! rm. . . Motion heard and overruled. Motionshoard on ame by constant)" as follows: lecreo oft Dissolution) heretofore granted (at; previously modi?IL). .3 modified in the following respects: ,Ih tppearancos: m/Petitioner appears (by attorno Petitioner fails to appear Order ofcuotody is modified by granting to (Petitioner) (Boa-pm the cure, custody and control of the following minor - vi? 7176- (arc: 626057419 412! [grim I lB/Ordor of temporary custody is modified by awarding to temporary custody of said minor liLTwom fear and Nagoya/54? . . order?fchm'?llpno?jilm?gli?ed as follows: (Petitioner) (Respondent)* ordered to pay to (Petition (Re ?dont)? the auto ofw?l?or I . ?Jorw . wfor Child support amounts were det?urmih?d in actor Application of?authorizod support guidelines would be orizod support guidelinea. or inappropriate. Order ol'mnintenancoii modified by) uwu'rdin I twin" -, to ho paid by'thot Maintenance-shall be (subject to Modi?cation) (not Bubjoct to Modi?cation). all .un' The party obligated to my support or maintenance is hereby notified that Mimuri Divieion of Child Support Enforcement of the Department of Social income shall be subject to withholding without further notice. child support peymente in an amount equal to one month's total support obligation. The withholding shall be for the current month's maintenance and support, The withholding shall include an amount, equal to fifty percent of one. month'e child eupport end maintenence, which additional withholding shall continue until the delinquency is paid in l'ull. i pun application by the obliges or the Servicee, the obligor'e wagon .or other if the delinquent in maintenance or ID odoma'pald'to Clrcult?Clet-k ue'l?ruetce. I . . - Ml? if!? I dimencolilleepondentl? ieorderedtop ytol? ?a )e he'aum of; ?15" as and fol-gttorneyfoea, ms franc H: Ma?a!? scrum 01? ?5?3 Winnie/i (Stipulation lilo'd?th 01.1mm f0 F6 Sign? ?m 4M 927% 14am?i?fwmfo?MW) i? a! a f? WW ,prmfe. 71? ff/e M?i?s (aux. 5'14? 16? mic/aw my af?x 71? Wh'l?fcqg 772:. .m?impediment" I Petitioner fed /74f/(J Que,? 333235 Respon nt'e Attorney Bar No. Petitioner?s 'At?torney . liar N'o. Rad" dd Mbn'mna A .. - 51:- zm Ma. QM ~312Mb; Ma. may aw, 614/ 7a/d 77 Phone No. Phone No. Strike words not SO ORDERED: flute I i OF MISSOURI )ss COUNTY or ST. LOUIS) IN THE CIRCUIT COURT OF THE COUNTY OF ST. LOUIS STATE OF MISSOURI LISA PUZDER, Petitioner, Cause No. 546049 -vs? Division No. .g?fm ANDREW F. PUZDER, Respondent. yopur- immyui- 09--. ii? This Modification Agreement/Child Custody Stipulation and Custody Plan made and entered into this ??zf?day of November, 1990, .by and between Lisa Puzder of the County of St. Louis, Missouri, 'hereinafter referred to as ("Mother") and Andrew F. Puzder of the County of St. Louis, Missouri, hereinafter referred to as ("Father"), WITNESSETH: WHEREAS, a Decree of Dissolution was entered into on the 19th day of'March, 1987, in the Circuit Court of St. Louis County, Missouri; and I WHEREAS, said Decree was modified by Order of the St. Louis County Circuit Court on September 30, 1988: and thereafter again modified by Order of the St. Louis County Circuit Court on May 12, 1989;land WHEREAS, the Decree of-Dissolution provided for joint legal custody of the partys' minor children ANDREW CHRISTIAN PUZDER, - w, and VANESSA MARGARET PUZDER, .with primary physical custody granted to Mother, and thereafter amended so that primary physical custody of ANDREW CHRISTIAN PUZDER was.granted to Father and Father was relieved of his obligation to pay child support to Mother for Andrew Christian Puzder; and I WHEREAS, Mother filed a Motion to Modify on July 17, 1989; and WHEREAS, Father filed a Motion to Modify and a Motion For Contempt on June 15, 1990; and WHEREAS, substantial changes in circumstances and conditions have taken place since the original decree and most recent modification by the Court in this cause and the parties consider it in their best interest and the best_interest of their children to settle between themselves their respective rights as to child custody, child support, visitation, and other matters raised by Mother and Father in the Motions now pending before this Court: and WHEREAS, each of the parties hereto has had the benefit of advice of separate counsel; and WHEREAS, Bonnie Miller has been appointed by this Court as Guardian Ad Litem of the minor children. NOW THEREFORE, in consideration of the mutual promises and. other good and valuable consideration herein expressed, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That.Mother shall have legal custody of Vanessa Margaret Puzder subject to Father's rights of temporary physical custody hereinafter previded. That Father shall have 2 legal custody of AndreW?dhristian Puzder Subject.to Mother?s rights of temporary physical custody hereinafter provided. The parties also agree that they shall each have temporary physical custody of their minor children so that both parents will have significant periods of time with the children: during which the children will reside with or be under the care and supervision of each parent, and to assure that the children have frequent and continuing contact with both parents. 2. PHYSICAL cus'ronv AND VISITATIONI - VANESSA. The parties further agree that while custody of Vanessa is vested in Mother, commencing with the first Friday following the date of this, modification of the decree, Father shall have temporary custody of Vanessa beginning 5:00 p.m. through Saturday at 6:00 and every other Friday thereafter, and commencing with the second Saturday following the date of modification of the decree'from 6:00 p.m. through Sunday at 8:00 p.m. and: every other Saturday thereafter; and commencing with the first Wednesday following the date of the-modification of the decree from 6:00 p.m. through 9:00 p.m. and every other Wednesday thereafter: and during the spring vacation in the even numbered years and during the Christmas vacation.of Vanessa during the odd.numbered years: and for a period of four (4) weeks during the summer vacation of Vanessa, provided that Father shall give notice to Mother in writing at least sixty (60) days prior to the exercise of his choice of which four weeks he chooses to have Vanessa in his custody, and provided that.Mother shall have custody of Vanessa from 6:00 p.m. through 9:00 p.m. every Wednesday that Vanessa is not out of town during said four week period; and on Father's birthday and Father's Day every year: and on the holidays of New Years Day, Lincoln's Birthday, Easter, and Labor Day during the even numbered years: and the holidays of Washington's Birthday, Memorial Day, Independence Day, Veteran's Day, and Vanessa's birthday during the odd numbered years. PHYSICAL CUSTODY AND VISITATION ANDREW CHRISTIAN. The parties further agree that while custody of Andrew -ChriStian is vested in Father, commencing with the first Saturday following the date of this modification of the decree, Mother shall have temporary custody of Andrew Christian beginning 6:00 p.m. through Sunday at 8:00 and every other Saturday thereafter, and commencing with the second I Friday following the date of modification of the decree from 5:00 p.m. through Saturday at_6:00 p.m. and every other Friday thereafter: and commencingwith the second ?Wednesday- following the date of the modification of the decree from 6:00 p.m. through 9:00 p.m. and every other Wednesday thereafter; and during the spring vacation in the odd numbered years and during the Christmas vacation of Andrew Christian during the even numbered years: and for a period of four (4) weeks during the summer vacation of Andrew Christian, provided that.Mother shall give notice to Father in writing at least sixty (60) days prior to the exercise of her choice of which four weeks she chooses to have Andrew Christian in her custody: and on Mother's birthday and Mother?s Day every year; and on the holidays of New Years Day, Lincoln's Birthday, Easter, and Labor Day during the odd numbered years: and the holidays of Washington's Birthday, Memorial Day, Independence Day, Veteran's Day, and Andrew Christian's birthday during the even numbered years. The intention of the parties in agreeing to the aboye temporary custody schedule is that while each parent exercises his or her temporary custody rights with the child who is not in the legal custody of said parent, the child who is in the legal custody of said parent shall remain in the legal custody of said parent so that both children will be able to be present at the same time that each parent exercises his or her temporary custody rights. 3. That, Father, in consultation with Vanessa, shall choose a counselor acceptable to Father and Vanessa who shall counsel Vanessa for such period of time as Vanessa reasonably needs to be counseled with respect to her relationship?with Father and.Mother, and Father shall be responsible-for and pay for the reasonable costs of said counselor. Both Mother and Father agree to participate in any cdunseling sessions pursuant to this paragraph, either alone, with Vanessa, or Mother and Father jointly, at the request of the counselor. 4. That, Father, in consultation with Vanessa, shall decide on piano and/or dance lessons for Vanessa, and in the event-that piano and/or dance lessons are agreed upon by Fatherland Vanessa, Father shall be responsible for and pay for the reasonable costs of said lessons. I 5. That, in the event that it becomes necessary for Mother to move to Cleveland, Ohio to assist Mother?s parents, Father agrees that he will not Oppose mother's request of the Court for permission to change the state of residence of Vanessa, so long as Father can retain telephone access to Vanessa at all times, and reasonable and specific temporary cuStody of ?Vanessa at all reasonable times and for a set period of not less than six weeks every summer. 6. Mother and Father each acknowledge that.the current level of contribution toward the support of Andrew Christian and Vanessa from each parent currently are sufficient for the reasonable support of each child. 7. Mother hereby agrees to execute a withdrawal of abuse allegations in the form of Exhibit A attached hereto. 8. Father hereby agrees in) execute a withdrawal of abuse allegations in the form of Exhibit attached hereto. 9. Each of the parties agree that they shall explain the withdrawal of abuse allegations to the children at the same time in the presence of the children and in the presence of each other. 10. Father agrees to execute a General Release in the form of Exhibit attached hereto. 11. Mother agrees to execute a General Release in the form of Exhibit attached hereto. I 12. Father shall pay to the attorneys for Mother, the firm of Margulis Grant, the sum of Fifteen.Hundred Dollars as follows: On or before January 30, 1991, the sum of Five Hundred Dollars or before February 28, 1991, the sum of Five Hundred Dollars and on or before'March 31, 1991, the sum of Five Hundred Dollars I. 13. In all other respects the decree as heretofore modified shall remain unchanged and in full force and effect. 14. Neither Father nor Mother will attempt or condone any attempt to estrange their.children from the other party or to injure or impair the mutual love-and affection each has. for their children. Both parties shall, at all times, encourage and foster in their children sincere respect, lava and affection for both parties and shall not hamper the natural development of their children's love or respect for the other parent. 15- a) The parties agree 'to cooperate and, whenever possible, remain flexible, so that both will have frequent and pleasant.contact with their children as often as possible, and with both parties taking into account the reasonable wishes of the. children. ?The parties also agree to confer on all issues regarding their children and further agree to advise each other of any illness, accident or injury suffered by their children as soon as possible after learning of same. i b) The parties agree to consult_in an effort to mutually agree upon all matters regarding the health, welfare, education and development of their minor children to-the end that, so far as possible, they may adopt a mutually harmonious policy in regard to -their children's upbringing. .All routine nature, Such as bedtime, homework and social activities, shall be I. 7 made by the parent then having physical custody of the child; the parties shall endeavor to cooperate and establish 'a mutually [agreeable policy regarding such decisions. 16. a) Both parents acknowledge and agree that it is their intention to continue, encourage and maintain a "co?parenting" .atmosphere, fer the parties recognize is in the best interests of their children. Each party agrees to take no action which would demean the other and both parties agree that hey shall set aside any issues and feelings of antipathy or marital discord toward each other for the sake of c00perating equally in the rearing of their children. I b) Both Mother and Father agree to notify the other of any activity involving the children, such as school conferences, parent~teacher?meetings, programs, plays, sporting'events, or'other school events for which parents are invited to attend. If the school provides only one notice of such events, then the parent receiving the notice shall have the responsibility of immediately advising the other parent of the event. Both parents shall have complete access to all report cards and other school records pertaining to the childrenfs educations. 17. Both Mother and Father shall direct all doctors involved in the care and treatment of the children to give to the other all information regrading any illness, sickness or injury suffered by the children. Both parents shall have -complete access to all health, medical, hospital, dental, optical, counseling or other records regarding the health or welfare of their children.? I 18. Each parent shall have, at all times, the right in his ?or her sole discretion to consent to emergency medical treatment for the children,- without prior consultation or agreement from the other parent, when a situation marises calling for such emergency or urgent treatment. However, in such event, the parent consenting to emergency medical treatment or a child shall make every reasonable effort to first contact and consult with the other parent, or advise the other parent of the emergency treatment rendered (as the case may be), as soon as possible. 19. In the event that either Father or Mother is not able to exercise his or her regularly scheduled custody of or visitation with either of the children, due to an illness of a child, an academic commitment, scheduled activities, vacations or the like, both.Father and Mother agree to give the other advance notice of at least forty?eight (48) hours, .wheneVer practicable. The parties further agree that comparable substitute custody or visitation periods shall be afforded.to the parent.whose custody was interrupted or reduced due to a child's illness, or other activity or commitment as discussed above. However, such substitute custody shall not alter the schedule heretofore set 'forth. 20. The parties hereto acknowledge that good faith and good will towards each other are essential constituents of this Agreement and these concepts must include reasonableness and understanding towards each other, allowing some latitude and flexibility when, for some reason, the other may not be able to comply with a specific activity for the children at a prearranged or expected time. Such good will and understanding implies a mutual acceptance of such issues as the children's illnesses, school commitments, extracurricular activities and other similar occurrences which might interrupt the regularly scheduled periods of custody. I IN WITNESS WHEREQF, this Modification Agreement/Child Custody Stipulation and Custody Plan has'been executed by Lisa Puzder and Andrew F. Puzder as of the ?zzaz'day of November, 1990. Que. is Witness Witi?u?g My . 4e?:an 12:91am Mr. William Grant 9 me Raskas #17410 Margulis Grant Raskas, Ruthmeyer, Pomerantz, Attorneys for Lisa Puzder Wynne, Garavaglia susman Commerce Bank Bldg., Suite 1330 Attorneys for Andrew F. Puzder 11 S. Meramec 1010 Market Street, Suite 1300 St. Louis, MO 63105 St. Louis, MO 63101 621-3787 241?6161 i i 1, J. er Guardian Ad Litemdgj??rgr 8019 Blvd. Clayton, MO 63105 725-8019 10 IN THE CIRCUIT COURT OF ST. LOUIS COUNTY, MISSOURI let JUW CIRCUIT, Lisa; ?ngd/vf? DATE Mr PLAQI I VS 8" NUMBER ?54?5 01?d?Zi/vlf? DE N9 awn/m with T0 mad/z"? 045164, 01?? 0'5 I I 7:1: as 1?5 6am a?ch =0 owns/?m I i 5% (W m. {#347 A525 saga?? Am 71:? loamy 00? 945706! 07? ?In hawk!? .. 1). a" ah'ijg?zf?f?; . SLAUGJ c7 c" a Ida?) m?w?nmwd?) darn ff?d #5 "dl?h? I ram ablc- 73?? ., .2 . ?a?kums <74] a of ML a" gifcwr/?f; arena, ,w?es 405%" ?rik?mr?w? d?kl??M39161 FF of Sumy til 1?"762:? 5?12; ??33:qu r2997 64-) 5 . 015 0Ma?5w?w?i?fw l/mgsq . a ?41 3x r16, ?l?r?c 45?6me (:59er I gig/yam 60 09" Ilia-V117? ?wmmt'y ?t . 57?; IA .. - gg?mj?o? Ta 'f?ey/Oma/m?t {ww?m? IS (Want/MI fay/?Lia I Address SO ORDERED I Phone NoAddress Jud?eIDivision? Illuan ?n I '4 In The Circuit "'COurt Of 8% bounty, Missouri IN RE THE MARRIAGE OF: DIV. MAR [011987 Him ?f meanness. - 546046 CIRCUIT ST. LOUIS COUNTY am; . Division No. 3? i . 1" 7 141wle Fae/126$: ESPONDENT Date. 1?7 19 Appearan . . lgPetitionerw appear(s) in person and by attorney(s) El Respondent remains in default [EfRespondent appears (by attorney) (in person)* Respondent fails to appear I [52/ The Court finds that there is no reasonable likelihood the marriage can .be preserved and that it is therefore irretrievably broken. iv Deeree of Dissolution of Marriage granted El Decree of Legal; Separation granted. . . U/Restoration of (M) (maiden)* name of 1 Custody of the minor child(ren) granted to 4.5 fan.? I {emen?r (write full name and birthdate of eldch? chi! . v? . draw PM Visitation rights: Temporary I I mm.? granted. Residence of said children) shall not be changed from the state of Missouri nor shall said chi1d(ren) be remoyed from the state of Missouri far more than 90 days without prior speci?c authorization of the? Court or written consent of the non- custodial parent. Child Support: (me-r) (Respondent? ordered to pay to (Petitioner) (Wt? the sum of: (name of each child and-amount) 19nde nh7.5 41?gf?y?b? Maintenance: There is no liability to continue payments of maintenance after the death of the recipient and no liability to make sub- stituted payments after the deathlof the recipient. Petitioner's SOCial security No. Respondent's Social Security No. .1118 put Ly u: Division of Child Support Enforcem artment of Social Services, the onngor wages - -.. subject to withholding without i" i a' obligor becomes delinquent in maintenance or in an amount equal to one month's total support obligation. The withholding shall be for the current month?s maintenance and support. The withholding shall include an additional amount, equal to fifty percent of one month?s child support: and maintenance, which additional withholding shall continue until the ?flelinque "y is paid in full. In or Other Ordersh??In ?he (PartieS) (pm- QM) to the Court that no marital property or separate property remains to be El)pportioned by the Court. (Petitioner) (Reapondent)"' is ordered to pay to the sum of 000.00 3 and 0 (ad 'ti nal)? attorneys fees I NM 9? ?Mb, Separation agreement filed marked Exhibit I Separation agreement of the decree. Parties are ordered to perform the terms thereof. Circuit Clerk ordered to '?le for record a certified copy of the decree in the office of the Recorder of Deeds in the County of State of where the real property is situated. Costs taxed against eti' er) and found to be not unconscionable. to be incorporated in and made part "Wm/aye mL 5r am No. 3/01 Au. ZIP 9W ?lm-?am DDR Extra copy of decree to be mailed to '5 r' - L9 *Strike words not applicable Page 2 Form No. 43 Rev. BIBS VSTATE OF MISSOURI I IN THE CIRCUIT COURT OF ST, LOUIS . SS I COUNTY OF ST. LOUIS MISSOURI. DIVISION NO. 8 Tana-son, MARCH 19, 1987 In Re: Marriage of Lisa Puzder and Andrew F. Puzder LISA PUZDER Petitioner) and 546046 DEGREE 0F DISSOLUTION ANDREW F. PUZDER Respondent) Now at this day come the parties, Petitioner in person and by her attorney, and the Respondent also in person and by his attorney, whereupon, this cause coming on regularly to be heard and being called, the parties announce ready for trial; thereupon, the parties submit the cause to'the Court upon their pleadings and proof, and the Court, after hearing the evidence, finds.that the Petitioner has been a resident of this State for ninety days next preceding the commencement of this action, and that thirty days have elapsed since the filing of the petition therein; the Court further finds that there remains no reasonable likelihood that the marriage between the parties can be preserved, and that the marriage is, therefore, irretrievably broken; the Court further finds that the separation agreement between the parties is not unconscionable, and that the terms thereof, providing for the custody, support and visitation of the children of the parties are in the best interest of said children. It is therefore, ordered, adjudged and decreed by the Court that the marriage of Lisa Puzder -7472) and Andrew F. Puzder ?-2714) is dissolved. It is further ordered, adjudged and decreed by the Court that said Petitioner have the restoration of her maiden name of "Lisa Ann Henning"; that the care, custody and control of the minor children, nam ristian Puzder, born Vanessa Margaret Puzder, joint as per Separation Agreement; residence of said children shall not be changed from the state of Missouri, nor shall said children be.removed from the state of Missouri for more than 90 days without prior specific authorization of the Court or written consent of the noncustodial parent; Visitation rights and Temporary custody: As per separation Agreement; that said Petitioner have and recover of said Respondent the sum of $730 per month child support per child; commencing with the date said children establish primary residence with outside the residence at 6347 Alamo, Clayton, Missouri; and the further sum of $1,000 per month as and for maintenance for 36 months; per Agreement; there is no liability to continue payments of maintenance after the death of the recipient and no liability to make substituted payments after the death of the recipient. The party obligated to pay support or maintenance is hereby notified that upon application by the obliges or the Missouri Division of Child Support Enforcement of the Department of Social Services, the obligor?s wages or other income shall be subject to withholding without further notice if the obligor becomes delinquent in maintenance or child support payments in an amount equal to One month?s total support obligation; the withholding shall be for the current month's maintenance and support; the with? holding shall include an additional amount, equal to 50% of one month's child support and maintenance,.which additional withholding shall continue until the delinquency is paid in full. Respondent is ordered to pay to Daniel Sokol the sum of $8,000 as and for additional attorneys fees 30 days from date of Decree; Other? orders:' As per Separation Agreement, home at 6347 Alamo, Clayton, Missouri, shall be conveyed by quit-claim deed from Petitioner to Respondent; Respondent to pay Petitioner the sum of $20,000 30 days from date of Decree. Other orders per Agreement; the parties represent to the Court that no marital property or separate property remains to be apportioned by the Court; and that said Petitioner pay the costs herein incurred. It is further ordered, adjudged and decreed that the parties perform the terms of their separation agreement attached hereto, incorporated herein, and made a part of this decree: I (2) 546046 IN THE CIRCUIT COURT 9M DIV. MAR VI 1987 County of St. Louis, Missouri PATRICIA TOBIAS CIRCUIT CLERK, ST. LOUIS EOUNTY I . '3/I7l,19 0?1 Limber 5 (9 Team 37 ?ay-(mac. .. g/M??l My?? DIvlsIon fr .. so :za; in I .- ?"99 17910 I ?l I Attorney ?gs Phone STATE OF MISSOURI ss. COUNTY OF ST. LOUIS IN THE CIRCUIT COURT OF THE COUNTY OF ST. LOUIS STATE OF MISSOURI IN RE THE MARRIAGE OF: LISA PUZDER and ANDREW F. PUZDER -) .M. - LISA PUZDER, Cause No. 546048 MAR ?3g? HumDivision No. 8' 1mm "rogue ANDREW F. PUZDER, ST. L0 \8 COUNTY and Respondent. MARITAL SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this _jfji day of [vapk 1987, between ANDREW F. PUZDER, hereinafter called HUSBAND, and LJSA 1L. PUZDER, hereinafter called WIFE, both parties being residents of St. Louis County, Missouri. WITNESSETH that: I WHEREAS, the parties to this Agreement were married_on the 2nd day of November, 1973, and separated on the-6th day of June, 1986, because of irreconcilable differences which have arisen between them, which render it impossible for them to-live together as husband and wife, with no reasonable likelihood that the marriage of the PARTIES can be preserved, to the end that the marriage is irretrievably broken, and WHEREAS, LISA A. PUZDER has filed an action in the Circuit Court of St. Louis County, Missouri, praying that the marriage be dissolved, and WHEREAS, there were born of the marriage between the parties Two (2) children, to~wit: ANDREW CHRISTIAN PUZDER, land VANESSA MARGARET PUZDER, ?3 and WHEREAS, the PARTIES hereby desire to fully and finally settle all property rights, claims and interests of and between them, and make provisions regarding the diSposition -of their property, maintenance, and for custody, visitation and support of their children:_ NOW THEREFORE, for valuable consideration, each received by the other and for mutual promises herein contained, it is agreed as follows: 1. All of the stipulations, conditions and agreements hereinafter contained are contingent upon the Circuit Court of St. Louis County, Missouri, entering a Decree dissolving the marriage of the PARTIES herein upon a proper hearing of this cause, and are contingent upon the Court's determination that this Agreement is not unconscionable. 2. That the Court shall set aside to HUSBAND as his separate non?marital property_the coin collection given to him by his father or collected by him prior to the marriage, consisting of pre?1920 American and Foreign coins, and his guitar: other than specifically provided for in this paragraph 2, the PARTIES agree that there is no non?marita1 property to be set apart to either by the Court. 3. Each of the PARTIES warrants to the other that, on or before the execution of this Agreement, he or she has not incurred any obligation that has not been disclosed to the other, which is either an obligation on which the other PARTY is or maybecome personally liable, or an obligation that could be enforced at any time against any asset held, or to be received under this Agreement, by the other PARTY. Each PARTY convenants not to incur any such obligaiton on or after the execution of the Agreement, except as specifically agreed to by both PARTIES. I 4. During their marriage, HUSBANI) acquired 'certain property and assets which are considered as marital property. The PARTIES. acknowledge that the following division of property and asSets constitutes a just and equitable division of their marital property and assets. ?The PARTIES further acknowledge that the transfers and/or conveyances of property and assets required hereunder which may take place after the Decree is entered by the Court but prior to the Decree becoming final, but the entitlement to retain said property and assets is contingent and conditioned upon the Decree becoming final, which condition shall override all other provisions of this Agreement which may be to the contrary or in conflict therewith. 5. HUSBAND hereby releases and quit claims to WIFE all of his right, title and interest in and to the following: (1) All of WIFE's clothing, jewelry and personal effects; All household furniture and furnishings situated at the family residence except those items identified (3) (4) (5) (6) 17) on Exhibit A hereto; A contingent interest in the net proceeds from the sale of the Family Residence, to the extent set forth in Paragraph 9 below; The 1984 Volkswagen Sirroco automobile now titled in WIFE and HUSBAND's names, subject to the encumbrance thereon which WIFE agrees to assume and pay, and the insurance policy regarding said automobile; All checking and savings accounts in WIFE's name alone and all has. in her cash which WIFE possession; One hundred per cent (100%) of the individual retirement account in the name of LISA PUZDER and ANDREW F. PUZDER, 6347 Alamo, Clayton, Missouri, 63105, at Guarantee Trust Company, account number in one single payment, as part leatisfaction of marital property rights of WIFE, as set forth in Exhibit attached hereto and incorporated herein by this reference. One hundred per cent (100%) of the sum vested to ANDREW F. PUZDER, 63-47 Alamo, Clayton, Missouri, 63105, as of April 1, 1986, in the profit sharing plan of The Stolar Partnership situated at Centerre Trust Company account. number of which HUSBAND is a participant, in partial satisfaction of marital property rights of WIFE, as set forth in (8) 6. Exhibit attached hereto and incorporated herein by this reference. HUSBAND shall pay tx: WIFE the sum of $20,000 payable on or before 30 days from the date of the entry of the decree of dissolution. Said judgment in favor of WIFE shall be a lien in favor of WIFE upon the real property described in Exhibit of this Agreement until satisfied. hereby releases and quit claims to HUBBAND all of her right, title and interest to the following: (1) (2) (4) (5) A11_household furniture and furnishings situated at the Family Residence and set forth on Exhibit A hereto; All of HUSBAND's clothing, jewlery and personal effects; The Family Residence located at 6347 Alamo, Clayton, Missouri, the legal description of which is set forth in Exhibit hereto, and the net proceeds from the sale of the Family Residence subject to the provisions of paragraph 9 below; The 1984 Mercedes~Benz 300D automobile now titled in HUSBAND's ?name, subject to the encumbrance thereon which HUSBAND agrees to satisfy, and the vinsurance policy regarding said automobile; All checking and savings accounts in HUSBAND's name alone and all cash which HUSBAND has in, his possession: (6) (7) (8) (9) (10) (11) The individual retirement account in name at Guarantee Trust Company, account number I'll All right, title and interest in or for the benefit of HUSBAND under the Profit Sharing Plan of The Stolar which Partnership of HUSBAND is a participant, subject however, t0' that portion thereof to be received by WIFE pursuant to paragraph 5(7) above; The amount credited to HUSBAND as his capital account in The Stolar Partnership; All distributions hereafter made to HUSBAND as a partnerwof and/or as a result of his partnership interest in The Stolar Partnership; All good will and benefits owing, accrued or which hereafter accrue or become owing, of whatsoever type, nature or description, to or for the benefit of HUSBAND as a partner of The Stolar Partnership, including, without limitation, all benefits accruing under any life, travel, health, hospitalization, dental and/or disability policies of insurance which may be maintained for the benefit of HUSBAND or in which HUSBAND is a participant or is otherwise provided coverage: Summit National Life Insurance Company pelicy? number Macabees Mutual Life Insurance Company policy number- and Ohio State Life Insurance Company policy, number and all rights and incidents of ownership and benefits accruing in respect and on account-of each of the same; (12) The receivable from HUSBAND's brother, Kenneth E. Puzder, in the principal sum of $500.00. 7. HUSBAND and WIFE hereby agree to indemnify and hold harmless the other and to defend him or her from and against all claims and liabilities and will,reimbUrse the other for any and all expenses made or incurred by the other, either directly or indirectly, including a reasonable attorney's fee, as a result of his or her failure to pay or otherwise satisfy the specific debts and liabilities assumed by each herein} 8. HUSBAND agrees that until such time as each child, respectively, attains the age of majority or is otherwise emancipated by operation of law, HUSBAND shall maintain for the benefit of that child, until death, insurance on his life with death benefit proceeds payable on his death in an amount no less than $100,000.00 to or for the benefit of each child. For purposes of this paragraph only, Aaron Pusder shall be considered a child included herein. shall establish an irrevocable living trust in which the insurance proceeds shall be used_for the benefit of the children, in the form of Exhibit attached hereto and made a part hereof. The terms of the trust shall be in HUSBAND's discretion, provided that the trust shall, at a minimum, provide that the net income and/or corpus thereof shall be used for the benefit of the children to the extent the trustee(s)_ determine(s) necessary? or advisable .for the maintenance, health, reasonable comfort, support, education and general welfare of the children, with a primary emphasis on eduCation. WIFE acknowledges that an irrevocable living trust with the provisions which are set forth on Exhibit hereto shall satisfy HUSBAND's.ob1igations provided for in this paragraph. 7 9. The PARTIES acknowledge that they own certain real property as tenants by the entirety located at 6347 Alamo, Clayton, Missouri, the legal description of which is set forth in Exhibit B. The PARTIES agree that upon entry of a Decree of Dissolution the said Family Residence shall be owned by HUSBAND, subject to the Note secured by a Deed of Trust thereon to St. -Louis Federal Savings Loan Association, which HUSBAND hereby agrees to assume and pay. The PARTIES further agree that in the event HUSBAND sells the Family Residence on or before three (3) years from the date of time decree of dissolution for a sales price of greater than the sum of $127,000 plus the cost of all-repairs and capital improvements to the Family Residence up through and including the date of said sale and the costs of any sales commission in connectiOn with said sale, then WIFE shall be entitled to receive oneehalf of the sale proceeds ever and above said sum ($127,000 plus repairs, plus improvements, plus costs of sale commission). The PARTIES further agree that for a period_of 120 days following the date of entry of the decree of dissolution WIFE shall haye the right to remain in the Family Residence subject to the Order attached hereto marked Exhibit D. From and after 120 days from the date of the decree or such earlier date as WIFE shall remove herself from the Family Residence, HUSBAND shall have the sole and exclUsive right to occupy the Family Residence and the Order set forth in Exhibit "D"_shall no longer be of any force for effect. ?10. HUSBAND agrees to be responsible for and pay the following: (A) The amount due and owing the United States Government and the State of Missouri for income taxes of the PARTIES on their joint income tax returns for the calendar year 1986; and (B) HUSBAND shall pay to Daniel R. Sokol as and for the balance of WIFE's attorney fees and expenses in respect of the dissolution proceedings in the-sum of $8,000.00 with execution stayed 'thereon 30 days after the decree of dissolution. 11. WIFE agrees to timely pay, and shall be solely. responsible for the payment of; all amounts required to be paid on and on account of the note of the PARTIES to First National Bank of Clayton which is secured by a lien on the 1984 Volkswagen Soirocco automobile which WIFE is to receive. 12.. HUSBAND agrees to timely pay, and shall be solely reSponsible for the payment of, all amounts required to be paid on and on account-of the note of HUSBAND to Commerce Bank which is secured by a lien on the 1984 -Mercedes-Benz 300D automobile which HUSBAND is to receiVe. 13. WIFE shall Itimely pay,' and shall be solely responsible for the payment of all debts incurred by her for whatsoever reason on or after June 6, 1986, except for debts which HUSBAND is obligated to pay under the PDL Order, and HUSBAND agrees to timely pay and shall be eclely responSible for the payment of all debts incurred by him for whatsoever reason on or after June 6, 1986. I 14. WIFE and HUSBAND agree to timely execute and file joint Federal and State income tax returns for the_calendar year 1986. 15. The PARTIES have agreed that it would be in the best interest of the minor children born of this marriage if HUSBAND and WIFE are granted joint legal custody of said children and if WIFE is granted primary physical custody thereof, all pursuant to the Joint Legal Custody Agreement of the PARTIES marked "Exhibit E9, attached hereto and made a part hereof. I 16. The PARTIES agree after examining all relevant factors, including the situation of both PARTIES and their children at the present time, that it is reasonable for and HUSBAND agrees to pay the sum of $730.00 each month for the support of ANDREW CHRISTIAN PUZDER and $730.00 per month for the support of VANESSA MARGARET PUZDER. The payments shall be made commencing on the date that the chidren-establish 10 primary residence with WIFE outside the Family Residence and thereafter shall be made on the anniversary date of said date each month, and?are to continue unless otherwise modified by the court until said children have reached majority or become emancipated. WIFE shall notify HUSBAND of the occurence of any reason which would terminate or reduce the HUSBAND's liability for support payments. I 17. HUSBAND Ishall continue his present (or obtain similar replacement) medical insurance coverage for each of the children (including'haron Puzder to the extent that medical insurance plan at his place of employment will provide coverage for Aaron Puzder) in the form now provided him by his employer, until each child respectively attains the age of majority or is otherwise emancipated by operation of law or such earlier time as HUSBAND may die. HUSBAND and WIFE shall cooperate and perform all acts reasonably necessary to procure and make all possible claims for payment of medical bills covered by said medical insurance. HUSBAND further agrees to cooperate with WIFE to assist her in retaining the same group medical insurance coverage that she has presently, provided that wlFE shall be responsible for the payment of all premiums pertaining to said coverage. 18. It is agreed that HUSBAND will pay the college tuition, fees, assessments, room and board,- and .books incurred by each child for four years toward his or her. undergraddate education until each child attains the age of 11 25 years, except that HUSBAND's total obligation for the foregoing shall not exceed the aggregate charges for or cost of the same during the calendar year imposed or charged by the University of. Missouri at Columbia, Missouri for residents of the State of Missouri. Except to the extent provided for above in the event of the death of HUSBAND, obligations set forth in this paragraph shall cease upon his death. 19. So long as HUSBAND is current in his support obligation, WIFE agrees that HUSBAND shall have the right to claim, and that he may claim, each-child as his dependent on each Federal and State income tax return which encompasses a year during which HUSBAND pays to WIFE moneys for the support of the child, and WIFE agrees that she shall not claim a child as a dependent of hers on any such Federal or State income tax return. 20. HUSBAND shall have the-right to have specific temporary physical custody of each of the minor children as follows: - Commencing with the first Friday following the date (Hi the decree of dissolution beginning at 5:00 p.m. through Saturday at 6:00 and every other Friday thereafter, and Commencing with the second Saturday following the date of the decree of dissolutiOn from 6:00 p.m. through Sunday at 8:00 p.m. and every other Sunday thereafter; and I On Wednesday of every week from 6:00 p.m. through - 9:00 and 12 (0) During the Spring vacation of each of said children in the even numbered years and during the Christmas vacation of each of said children during the odd numbered years: and For a period of four weeks-during the summer vacation of each of said children, provided that HUSBAND shall give notice to WIFE in writing at least 60 days prior- to the exercise of his choice of which four weeks he chooses to have said children in his custody; and 0n HUSBAND's birthday; and On the holidays of New Years Day, Lincoln's Birthday, Easter, and Labor Day during the even numbered years; and the holidays of WMshington's Birthday, Memorial Day, Independence Day, Veteran's Day, and the children's ,birthday during the odd numbered years. 21. HUSBAND agrees to pay. WIFE, as and for her maintenance, the amount of $1,000.00 per month for 36 . MM W7. consecutive months commencing on the 23rd day of W1 provided, however, that said payments shall terminate and. cease upon the first to occur of WIFE's death, WIFE's remarriage the date WIFE and another adult commence to cohabitate? For purposes of this paragraph the word cohabitate shall mean living with an adult other than a blood relative or a border With whom WIFE maintains solely a .platonic relationship. Further, HUSBAND agrees to be reSponsible for and pay for the future tuition costs, if any, for attendance at high school for Aaron Puzder for the 13 remainder of his high school tenure, provided that HUSBAND shall not be responsible for tuition costs greater than those charged by St.?Louis University High School in St. Louis, Missouri. 22. WIFE and HUSBAND acknowledge and agree that the payments provided for above for maintenance are taxable to WIFE and deductible to HUSBAND under the Internal Revenue Code of 1986 for Federal and State income tax.purposes to the full extent provided for by law, and wife agrees to so report the maintenance payments which she receives from HUSBAND in accordance with said Code.' I 23. HUSBAND forever waives and relinquishes any and all right he has or may have, now or hereafter at any time, to receive maintenande from WIFE. 24. forever waives and relinquishes any and all right she has or may haVe, now or hereafter, at any time to receiVe statutory maintenance from HUSBAND. 25. The foregoing provisions of this Agreement with respect to maintenance are contractual and are not subject to modification and may not be modified by any Court. I 26. -The PARTIES agree that, provided HUSBAND's Profit Sharing Plan permits the same, the Decree shall be drafted so that it constitutes a Qualified DomeStic Relations Order so as to insure realization by WIFE of that portion of HUSBAND's vested Profit Sharing Plan which WIFE is to receive pursuant to the provisidns above, and that the Decree shall contain a provision that restores to WIFE her maiden name of 14 27. Upon the entry of the Decree, all Orders entered by the Court Pendente Lite in the Dissolution Proceedings Shall be and become of no further force or affect by virtue of this Agreement and the Decree. 28. It is the intent of the PARTIES that the terms of this Agreement be incorporated and fully set forth in any Decree of Dissolution of Marriage entered by the Court. 29. In the event that any provision of this Agreement is unenforceable when incorporated as part of the Court?s judgment, it shall be considered severable and enforeceable by any action based on contractual obligation and it shall not invalidate the remainder of this Agreement as incorporated in any Decree. 30. the event that either PARTY to this Agreement brings an action for failure to perform any of the obligations imposed by the Agreement, the prevailing PARTY in' such action shall have the right to recover his or her reasonable attorney's fees and litigation.-costs reasonably expended in prosecuting or defending the action. 31. The terms of this Agreement shall not be subject to modification or change, regardless of, rthe relative circumstances of the PARTIES, except as specifically set forth in this Agreement; It is understood that this provision is not applicable to the terms of the Agreement dealing with child custody, visitation and support which are subject to the approval of the Court, and may be modified by the Court, regardless of this paragraph. 15 32. From time to time as either party may hereto may request, WIFE and HUSBAND, as appropriate, 'shall each execute, acknowledge and deliver to the other PARTY (or to such other person, firm or corporation as the other PARTY may reasonably request) all further documents and instruments, and shall take all other actions as may be appropriate formally rto effect the terms and provisions of this Agreement, including but not limited, to the erecution, acknowledgment (as may be required) and delivery by each of them of all documents and instruments that are appropriate further to evidence or reflect the sole ownership of the marital property of the individual and separate property of the other PARTY hereto. 33. Prior to such time as the Decree is entered and becomes final, each of WIFE and HUSBAND shall be entitled to retain, as her or his respe?tive property, all earnings of such party as a result of employment or professional practice, subject, however, to the obligations of the PARTIES hereto to discharge their respective obligations which are provided for in this Agreement.? 34. WIFE and HUSBAND agree that the transfers of cash or other property contemplated by this Agreement are and will txa made under Section 1041 of the Internal Revenue Code of the United States, and each of WIFE and HUSBAND agree to timely eXecute such formal elections required thereunder as the Secretary of the Treasury or his delegate may by regulations prescribe to render such transfers exempt from 16 tax. Each Of WIFE and as appropriate, shall hold the other of them harmless ,from any and all loss or liability, taxes, deficiencies, interest and penalties, and attorneys' fees and costs, which may be sustained or incurred by the other of them as a result of a failure to make such a 'formal election. 35. In consideration of the premises and the mutual convenants and agreements contained herein, each PARTY hereto declares that, at such time as the Decree becOmes final, this Agreement shall be a full, complete and final settlement of the claims and rights of every character whatsoever which either PARTY may now have or hereafter might otherwise have against the other (or in and to any pmoperty of the other) arising out of or relating to the marriage of the PARTIES or any other matter occurring or existing on or prior to the date the Escree becomes final and, ercept as is expressly otherwise provided in this Agreement, each PARTY further releases and discharges the other PARTY from all rights and claims in, to or in respect of the property, estate and interests of the other PARTY of every kind, nature or description under the laws of the State of Missouri or any other State and each PARTY further releases and dischages the other party from all claims for indemnification and/or subrogation. For the purposes of this Agreement, the Decree shall be final when it becomes a final judgment. 36-. Each of WIFE and HUSBAND agrees not. to institute any proceedings to set aside or to appeal the Decree and each 17 of WIFE and HUSBAND waives any right which he or she might otherwise have to institute-any proceedings to set aside or to appeal the Decree. i 37. Each of the PARTIES hereby affirms that they are entering into this Agreement freely and voluntarily; that they have ascertained and weighed all of the facts and circumstances likely to influence his or her judgment herein: that they have given due consideration to such provisions and questions; that they have sought independent advice and counsel in regard to all details and particulars of the Agreement and the. underlying facts: and that they clearly understand and assent to all the provisions hereof. Each I PARTY acknowledges that, in the negotiations and finalization of this Agreement and acts and transactions referred to herein, each has made an independent investigation concerning the nature, extent and value cf the real and personal property cf the PARTIES and that the provisions hereof are just, equitable and not unconscionable,r and merit the approval and confirmation of any Court called to adjudge rights and relations. 38. This Agreement shall become effective between the PARTIES as of the date of execution by the PARTIES hereto. 39. Each PARTY hereto acknowledges that each of them is making this Agreement of his or her Own free will and volition, and acknowledges that no coercion, force, pressure or undue influence has been used against either PARTY in the making of this Agreement, either by the other PARTY to this Agreement or by any other person or persons.. 18 40. The validity and construction of this Agreement shall be determined in acordance with the laws of the State of Missouri. 41. A11 Exhibits which are an. referenced in and attached to this Agreement are incorporated in and made a part of this Agreement by reference thereto. 42. This Agreement shall be binding upon and shall inure to the PARTIES hereto and 'their benefit of the respective personal representatives. heirs, devisees, successors and assigns. 43. This is the entire contract between the PARTIES and neither.PARTY shall be bound by any representation, letter, or other statement or writing unless set forth in this Agreement. IN WITNESS WHEREOF, the PARTIES hereto set their hand having read and fully understanding the provisions hereto, A photocopy of this the day and year first above written. fully executed document_sha11 be considered as effective and valid as an original. . . d?mw LISA PUZDER, WW. Jr STATE OF MISSOURI COUNTY OF ST. LOUIS) -On this day of 198"_, before me personally appeared ANDREW F. PUZDER, to me known to be the person described 111 and who executed the foregoing Marital 19 Settlement and Separation Agreement and acknowledged that he executed the same as his free act and deed. . IN TESTIMONY WHEREOF, I have hereunto Set my hand and affixed my-Official seal in the County and State aforesaid, the day and year first above written. Notary Public My Commission expires: STATE OF MISSOURI . SS. COUNTY OF ST. LOUIS) On this day of 198?*, before me personally appeared LISA PUZDER, to me knewn to be the person described in and who executed the foregoing Marital and Separation Agreement and acknowledged that she executed the same as her free act and deed. IN I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public My Commission expires: 20 I I nay-19. 20. EXHIBIT SPECIFIC PERSONAL PROPERTY Wardrobe in Master Bedroom Bedroom set from AFP's parents Bed in guest room Dollhouse and table Small color TV Upstairs refrigerator- AFP's tacls AFP's books Weights and exercyole Dresser from AFP's parents in study Small cabinet in dining room Modern wooden tab 1e in Master Bedroom AFP's personal records and personal files Grey Stereo - Black file cabinets Queen?size bed in 3rd floor bedroom Living room rocking chair and basement rocking chair Living room Oriental rug Bedroom Oriental rugs One~ha1f of the artwork_ LEGAL DESCRIPTION . Lot 20 in Block of Hinointe on sub~division 8, St. Louis County,'Missouri, according to Plat Book II pages 30 and 31 of the St. Louis County records. EXHIBIT TRUST AGREEMENT This Trust Agreement is made and entered into this day of W, 1937, between ANDREW F. Poznan} as "Grantor", and RANDALL A. MARTIN, JOHN-HENSLEY, and. JANE E. ADAMSQNANGLE, as Trustees (hereinafter the "Trustees", whether one or more Trustees are acting). I I Grantor hereby transfers, assigns and delivers to the Trustees the property described in Schedule_ attached hereto, the receipt of which property is hereby acknowledged by the Trustees. to be held in a trust, hereby established. to be known as the Descendants' Trust and to which the provisions of ARTICLE ONE shall apply: ARTICLE ONE. The following provisions shall apply to the .Descendants' Trust: I Section A.. During the term of the trust. the Trustees shall distribute or apply so much or all of the net income and/or corpus of the Descendants' Trust to or for the benefit of such one or more of Grantor's children, AARON PUZDER. ANDREW CHRISTIAN PUZDER, and VANESSA MARGARET Ole ?e?e ethos descendants living from time to time, as the Trustees, in their absolute discretion, shall deed: necessary' or advisable for the maintenance in health and reasonable comfort, support, education and general welfare of Grantor's descendants or any one 'or more of Ithem. The Trustees, in their absolute discretiOn, may. totally exclude one or more of Grantor?s descendants from any or all of such distributions or applications. The Tkustees shall add any net income not so distributed or applied to corpus annually. In exercising the discretions 'granted to the Trustees in this section, it is Grantor's wish that the Trustees expend the income and corpus of the Descendants' Trust for Grantor's descendants in the same Imanner and amounts as the Trustees-believe Grantor would have expended them on his descendants had Grantor been living, with ?s <37 g. primary emphasis on the education and wellebeing of Grantor's children. Notwithstanding anything in this Section to the contrary, no income or corpus of the Descendants' Trust shall . - at any time be used for the living expenses. medical expenses, {8 or other expen es of any type or kind of LISA A. HENNING vac c? 74> 76? af?my?ofd X/o/z?xv all inter 9 ft Section 8. With? respect to vivos transfers to the Descendants' Trust_(whether direct transfers or indirect? transfers, including transfers which result from the economic benefit conferred upon the trust by a payment of insurance premiums by any employer of Grantor, either under a group term insurance plan or a split?dollar agreement) made_ during a calendar year and prior to Grantor?s death, each of hGrantor's children is hereby authorized. at any time during the withdrawal period (as defined below), to withdraw from the Descendants' Trust an amount not exceeding. in the aggregate. the lesser of: the total of Five Thousand Dollars ($5,000) with respect to all transfers made to the Descendants' Trust during such calendar year and the sum of the products of the amount of each such transfer made to the Descendants' Trust multiplied by a fraction, the numerator of which is one (1) and the denominator of which is the number of persons authorized to withdraw sum from the Descendants' Trust with respect to such transfer. With respect to indirect transfers- which result from the economic benefit conferred upon the Descendants' Trust pursuant to the payment of life insurance premiums by any employer of Grantor, the Trustees shall as soon as practicable after such employer commences to make such payments give written notice to Grantor?s children setting' forth Ithe premium amount and due date, the amount of the? indirect transfers and the terms of each's withdrawal right. It is Grantor's intention that such notice shall serve as a continuing notice of indirect transfers which are made to the Descendants' Trust with respect to insurance policies covered by such natice. In addition, the Trustees shall give such additional notice(s) to Grantor's children of their withdrawal rights with _respect .to such indirect transfers as shall' be necessary to insure that such indirect transfers qualify, to the extent possible, for the annual gift tax exclusion. With respect to direct transfers and all other indirect transfers, the Trustees shall immediately upon receipt of each such transfer give written notice to Grantor's children of each"s withdrawal right hereunder. Each withdrawal right with respect to a calendar year shall expire if not exercised within the withdrawal period, which is the period commencing on the date the first such transfer is made in such calendar year and ending January alst of the succeeding calendar year. The right to demand payment pursuant In) the provisions of this ARTICLE shall not be cumulative from year to year, except to the extent that a withdrawal right with respect to a calendar year extends into the first month of the calendar year. The right shall. be absolute (and not limited by any? standard, whether of good faith or otherwise), and the Trustees shall comply with the terms of any instrument exercising this right of withdrawal without any duty to inquire into the reasons of the person *exercising such right therefor. Such right of gwithdrawal shall be exercisable only by written notice of the persons holding such right or his or her legal or natural guardian or conservator -to the Trustees of the amount the person exercising such right wishes to withdraw, and the amount so demanded shall be distributed by the Trustees upon receipt of such notice. Such distribution shall be made from the property transferred to the Descendants' Trust during the calendar year in which the demand for v?thdrawal is made or from any other assets of the Descendants' Trust (including any interest Iin any ?insurance policy on the life of Grantor). Property which is distributed pursuant to the exercise of a withdrawal right shall be valued, for purposes of satisfying a withdrawal, at its value on the date of its distributibn. Section C. If any part or all of the property of the Descendants' Trust is includible in Grantor's gross estate for Federal estate tax purposes. the Trustees shall pay to the personal representative(s) of Grantor's -estate, or to the appropriate taxing authorities, from the property so includible, that portion of any death taxes due such authorities, predicated upon Grantor?s death as a taxable event, which the personal-representative(s) of.Grantor's estate direct the Trustees to pay. provided that such portion may not exceed an amount computed by subtracting the total death_taxes which would have been due such authorities if the property so includible were not subject to such death taxes from the total death taxes due such authorities. Section D. Upon the later to occur of the time when there is no living child of Grantor under the age of 25 years or (ii) Grantor's death, the Descendants' Trust shall terminate and the Trustees shall distribute the then remaining corpus of the trust to Grantor's then living descendants. per stirpes, subject to the provisions of ARTICLE Two, or, if no such descendant is then living. to Grantor's heirs. Section E. Any provision in this ARTICLE to the contrary notwithstanding, no distribution or application of income?or corpus of the Descendants' Trust shall be made which would discharge any legal obligation of support of Grantor to any of his descendants. I ARTICLE TWO. Property which is to be distributed to a child of Grantor subject to the provisions of this ARTICLE shall be distributed to such child outright. Property which is to be distributed to a grandchild or more remote descendant of Grantor subject to the provisions of this shall, if such .descendant has attained the age of 21 -years, ?be distributed to such descendant, outright. or shall, if such descendant is under the age of 21 years, be held in a trust, hereby established, for the benefit of such descendant, pursuant to the following provisions: Section A. During the term of the trust, the Trustees shall distribute or apply so much or all of the net income of the trust as the Trustees deem advisable to or for the benefit of such descendant. The Trustees shall add any net income not so distributed or applied to corpus annually. Section B. ?The Trustees may distribute or apply; from time to time and at any time, so much or all of the corpus of the trust to or for the benefit of such descendant as the Trustees deem advisable for such descendant's nmintenance in health and reasonable comfort, support in his or her accustomed manner of living, and education. Section C. When such descendant attains the age of zl years. the trust shall terminate and the Trustees shall distribute ?the then remaining corpus of the trust to? such descendant, outright. I Section D. Such descendant shall, subject to the following provisions of this Section, have the unqualified and unrestricted power, exercisable by him or her alone and in all events, to appoint by his or her Will, making specific reference to this Section, all or any part of the property of the trust (including corpus, and any income accrued or on hand) to whomever he or she desires (including, but not limited to, his or her estate, the creditors of his or her estate, or others) outright, in trust, or upon_any conditions he or she may choose. If, immediately prior to the death of such descendant, the generation~skipping transfer tax inclusion ratio (as determined under Section 2642 of the Code) of the property held in trust is zero, or (ii) such ratio is one and (bi any person who would be if presumptive beneficiary of the property of the trust, if the trust were then distributable as directed in Section of this ARTICLE without any exercise of a power of appointment, is assigned to the generation of. such descendant or to any generation above 'such generation under Section 2651 of the Code, then such descendant shall not have a power of appointment under this Section. Seetion E. If such descendant should die prior ?to attaining the age of 21 years, the Trustees shall distribute the then remaining corpus of the trust not effectively disposed of pursuant to the exercise of the power of appointment granted to such descendant pursuant to the provisions of Section of this ARTICLE. if any, to such descendant's than living descendants. per stirpes, subject to the provisions of this ARTICLE, or. if no descendant of his or hers is then living, to the then living descendants, per stirpes, of the most closely related ancestor of such descendant who is either Grantor or'a descendant of Grantor and (ii) has one or more descendants then living, subject to the provisions of this ARTICLE, or, if none, to Grantor?s heirs. ARTICLE THREE. Exbept as otherwise provided. the provisions of this ARTICLE shall apply to each trust established herein. I Section A. A. MARTIN, JOHN HENSLEY, and JANE E. shall serve as Trustees of each trust established under this Trust Agreement, provided that if any of sudh Trustees (or a successor Trustee hereinafter named) shall be or become, for any reason; unable or unwilling so to serve, the following persons shall become a Trustee, in the order named: l. Grantor's law partner, JAY L. 2. Grantor's friend, E. MICHAEL MURPHY, iof St. Louis, Missouri; 3. AGrantor's law partner, THOMAS E. VENKER, 68.; and 4. Grantor's law partner, PETER T. SADOWSKI. It is Grantor's intention that there always be three individual Trustees serving and if. at any time. fewer than three Trustees are serving and no successor Trustee hereinahove named shall be then able and willing to commence to serve, the remaining Trustee(s) shall designate one or two Trustees in order to, restore the number of Trustees to three. Section B. Neither the corpus nor income of any trust established hereunder shall be liable for the debts .of any beneficiary thereof, nor shall the same be subject to garnishment, levy, or seizure by 'any creditor ?of any beneficiary under any proceeding at law or in equity, and the beneficiary shall not have the power to transfer, encumber, or otherwise anticipate his or her rights to corpus or income, for a consideration or otherwise, provided that nothing contained in this Section shall restrict the free exercise or release of a power of appointment herein granted. Section C. To the extent the Trustees are authorized to apply income and/or corpus for the'benefit of a beneficiary, the Trustees may distribute such income and/or corpus directly to such beneficiary, or,_for his or her benefit, to his or her guardian, to the conservator of his or her estate, to a custodian (ineluding any Trustee hereunder) for such beneficiary under the Missouri Transfers To- Minors Law. the Missouri Personal Custodian Law, or a similar law of any other jurisdiction (by whomsoever appointed), or to any other person, firm, or corporation, and the written receipt of such beneficiary or other recipient shall be a complete discharge of the Trustees therefor. Section D. If, under the provisions of this Trust Agreement, more. than one trust is established with -the same terms and the same beneficiaries, the Trustees may combine such identical trusts and administer the same .as a single trust. Also, the Trustees shall be empowered to divide any trust under this Trust Agreement into two separate trusts so that the generation~skipping transfer tax inclusion ratio under Section 2642 of the Code for each such trust shall be either zero or one. It is Grantor's wish that 4the Trustees use the Icombination and division powers granted in this Section in order to maintain trusts which - either have a generation-skipping transfer tax inclusion ratio of one or zero. Section E. Any individual Trustee may resign as Trustee of any trust herein created by giving written notice of - such resignation to the income beneficiary(ies) of the trust and to the Trustee responsible for the continued administration of the trust. Section F. Any successor Trustee shall qualify as such by executing an acknowledged acceptance of trusteeship and mailing or delivering a copy of the same to the outgoing Trustee, -if living, and to the income beneficiary(ies), and shall thereafter be vested with all the powers, duties, immunities and discretions granted to the Trustees hereunder. Section G. If, in the absolute discretion of' the TruStees, any trust created under the provisions of this Trust Agreement shall at any time be a size which shall make it inadvisable or unnecessary to continue such trust, then. anything contained in this Trust Agreement to, the contrary notwithstanding, the Trustees, in their absolute discretion, may terminate such trust and distribute the entire corpus of any such? trust, and any income accrued or on _hand,' to the person entitled to receive the income therefrom, or, if a class of persons made up of Grantor's descendants is then entitled to the income therefrom, to Grantor's than living descendants, per stirpes. Section H. Each successor Trustee of each trust established herein shall have the same rights, powers, authorities, duties and immunities as are granted to the original Trustees. Section I. Each individual Trustee shall be entitled to receive reasonable compensation for his or her services as such. I Section J.7 No bond shall be required of any Trustee herein appointed. Section K, No individual Trustee (whether originally appointed or a successor) shall be liable for any loss-unless such loss was caused by such Trustee's bad faith or gross negligence. No Trustee shall have any liability for the acts or omissions of any' predecessor fiduciary, and ix: accepting trust assets, no Trustee shall have any obligation to audit the accounts of any predecessor fiduciary. Section L. I In the case of any disagreement among Trustees when more than two Trustees are serving, the decision of the majority shall control and the n?nority Trustee shall have no responsibility with respect thereto. Section M. The Trustees shall allocate to corpus all gains and losses on the sale of trust assets, all distributions from mutual or other investment funds representing gains from the sale of assets, and all. return of capital. In all other cases the Trustees shall allocate any money or other preperty received and any loss or expenditure incurred between income and corpus as they, in their absolute discretion, deem appropriate. I Section N. In exercising any discretions concerning whether to make distributions or' applications of income or corpus to or for the benefit of any income beneficiary. the. Trustees may. but shall not be required to, inquire into any. other source or sources of income or support which such beneficiary (or any other person interested in the trust) may have, and shall take the same into consideration to the extent of their knowledge thereof if the Trustees believe_it to be in the best interests of such beneficiary to do so. together with any other factors which they may deem pertinent. The Trustees? decisions shall be binding upon all interested persons. Section 0. If an individual Trustee is at any time a person in whose favor a discretionary' power over corpus or .income may be exercised. then such discretionary power shall be exercised only by the other Trustees then acting, or by a successor Trustee. tion P. Any provision in this Trust Agreement withstanding. the Trustees shall not the or ap income discharge the legal obligat ribute a any person (other than the spouse of? the income bene y) to: the support of such income beneficiary, extent necessary in the Trustees' disc nd maintenance which an Section 9. Subject to the valid exercise of a power of appointment herein granted, all income accrued or on hand at the termination of any trust herein established shall be distributed, as income. upon such termination, to the 'same recipient(s) and in the same proportions as corpus is then distributable (for further disposition, as, income, by such recipient(s). if trusts). Section In order to avoid the expense and delay incident to aa judicial settlement of the Trustees' accounts; the Trustees may from time to time render to such of the income beneficiary(ies) and presumptive remaindermen .(those persons who, if the trust had terminated immediately before the date of the accOunting contemplated, would have been entitled to share in the remainder of the corpus of the trust) as may be of full age and sound mind at the time of such accounting an account of. their transactions as Trustees in an appropriate form. The aforesaid adult and competent beneficiaries shall have full power to settle finally any such account and, on the basis of such account. to release the Trustees from all liability, responsibility or further accountability for their acts or omissions as 'Trustees. Such settlement and release by such beneficiaries shall be binding upon all income beneficiaries, remaindermen and other interested parties, even if then under legal disability or not as yet in being, and shall havethe force and effect of a final decree, judgment. or order of a court of competent jurisdiction rendered in an appropriate action or proceeding for an accounting in which jurisdiction was obtained of all necessary and proper parties. The foregoing pr0visions, however, shall not preclude the Trustees from having their accounts judicially settled if they so desire and any expenses incurred by the Trustees in having their accounts judicially settled shall be paid out of the corpus of the trust. SectiOn S. Any individual Trustee may from time to time delegate his or her ministerial powers and duties to the 10 other full power to revoke such delegation and renew the same at pleasure. Section TL With regard to any' policies of insurance held by the Trustees: Subsection 1; The Trustees shall be under no duty or obligation to pay the premiums, dues, assessments, and other charges which may become due and payable on the policies or any of them, to see that such payments are made by the Insured or otherwise, to notify the Insured that such payments are or ruill become due. or to forward premium notices to the Insured, and the Trustees shall not be liable or accountable to anyone if such premiums, dues, assessments, and/or other charges are not paid, or for any result due to failure to make such payments. However, the ?Trustees, in their absolute discretion, may use assets held under this Trust Agreement to .pay premiums, dues, assessments, and/or other charges. The Trustees shall be responsible for the proceeds of the policies only when, as and if collected by them, and the Trustees shall not be liable or accountable to anyone it, because of default of premium payments .or any other reason Iwhatsoever, the policies, or. any of them, shall lapse or be otherWise uncollectible. The Insured shall not be deemed, because of this Trust Agreement. to have entered into any covenant to keep said policies in force. Subsection 2. The Trustees may, in their absolute discretion, exercise any options available under any- policy in such manner as they deem to be in the best interests of the beneficiaries under this Trust Agreement, or any of them. Any such determination shall be binding and conclusive upon all persons and corporations having any interest under this Trust Agreement. Subsection 3. Except as. herein otherwise expressly provided, the Trustees shall be under no duty' or obligation to exercise any benefit, option or privilege granted by any of the policies, and the Trustees shall not be liable or 11 accountable to anyone for the nonexercise by them of any such benefit, option or privilege. Subsection 4. There shall be deducted from the proceeds of policies which have become due and payable to the? Trustees all the then charges against such policies, and the balance of said proceeds remaining after payment-of any such charges shall become subject to the trusts created by this Trust Agreement. The receipt by the Trustees for such proceeds shall release the insurance companies from liability on the policies and from seeing to the application of such proceeds. Subsection 5. Except at their option, the Trustees shall not enter into or maintain any litigation to enforce payment 'of the policies until they shall have been indemnified to their absolute satisfaction against all expenSes and liabilities to which, they' may, in their. absolute discretion, be subjected to such action, and then. only if it shall appear advisable to the Trustees, in their absolute discretion, to institute and maintain such litigation. IThe Trustees, in their absolute discretion, may utilize the proceeds of any policy, other assets held under this Trust Agreement or their own funds to meet expenses incurred in connection with enforcing payment on any other' policy. The Trustees are authorized to compromise and adjust claims arising out of the insurance policies, or any of them, upon such terms and conditions as they may deem proper. and the decision of the Trustees shall be binding and conclusive upon the persons and corporations interested therein. Section U. The Trustees shall not disclose the name, address, or share position of the beneficial owners of registered securities held by them or their nominees to issuing corporations that request such information. ARTICLE FOUR. The Trustees shall follow the investment policy which, in their judgment, a prudent investor, whose investment purpose includes both the attainment of reasonable income and reasonable capital appreciation, would follow with 12 respect to his or her own investments, and except to the extent the Trustees believe appropriate in Carrying out the foregoing policy, the Trustees shall neither be obligated to follow, nor held accountable for not following, any law, rule or custom dealing xvith investment of trust assets, including, but not limited to, any? lad, rule, or custom regarding (1) safety or corpus as a primary consideration, (ii) investment in income producing property, or diversification of trust investments. Within the context of such investment policy, the Trustees shall have the.following powers, responsibilities and discretions, in addition to any c0nferred by law, including all powers provided hi Missouri Revised Statutes Section 456.520, all of which shall be exercisable only in a fiduciary capacity: Ito retain any property received on the establishment of' the trust or otherwise acquired (including, but not limited to. any policy or policies of insurance on the life of Grantor and any assets acquired from Grantor or his estate), or to sell, exchange or otherwise convert the same; to, invest and reinvest the corpus' of any trust hereunder, and/or retain it invested, in any kind of property; I to acquire property of all kinds (including, but not limited to, property of Grantor's probate estate) by purchase, lease, rental, or other method, to sell, exchange, surrender for redemption, convert or otherwise dispose of property, and to rent or lease property even though extending beyond the trust term; to vote in person or by proxy upon any securities and to delegate discretionary powers in relation thereto, to consent to or oppose or otherwise participate in any mergers, consolidations, reorganizations or other changes affecting any securities at any time held, to delegate discretionary powers and to pay any assessments .or other charges in connection therewith. and. to transfer stock 'to a person to qualify him or her as a corporate director: 13 to erect, repair, remodel, reconstruct, demolish or remove improvements on real property, to partition subdivide it, to dedicate all or any.part of it to public or semiupublic use, to grant easements ior other charges. with respect to it, and/or to otherwise develop it; . to keep liquid, or nearly liquid, a portion or all of any trust hereunder, even though little or no income .is earned thereon: to retain attorneys. investment counsel, brokers, custodians, accountants and other agents, and to compensate them for their services, without reducing? the . compensation to which the Trustees w0uld otherwise be entitled; to abandon property interests deemed to be of insignificant value; to borrow money from any source,? encumber trust property, and repay any trust loan, to loan money with or Iwithout security (to, including, but not limited to, Grantor's probate estate), to compromise, arbitrate, adjust or extend any indebtedness of any trust hereunder, to Eorec105e any mortgage, lien or other encumbrance and to purchase encumbered property, whether through foreclosure or private arrangement; to deposit corpus and/or income, securities, and other trust property in time, passbook, checking, custody, safekeeping, brokerage, agency, management and other accounts of banks, ?savings and loan associations, trust companies, brokers, investment advisors, or other financial institutions on such terms and conditions as the Trustees deem appropriate; to grant or write covered call options, options with respect to real property interests of all types, and other options permitting the optionee to require' the optionor to transfer to the optionee securities or other property, and to buy back, let expire, or otherwise diSpose of, or deal with, the same; (1) to make division or distribution of any trust hereunder in cash or in kind, or partly in each, and to 14 allocate assets (including assets which may constitute income in respect of a decedent. as defined in Section 691 of the Code) other than ratably and withr or without regard to [the Federal income tax basis of the particular assets allocated to any beneficiary or share in making any such division or allocation; to designate and distribute to the custodian for any- beneficiary (including any ?rrustee acting hereunder) under the Missouri Transfers to Minors Law, the Missouri Personal Custodian Law, or a similar, law of any other jurisdiction, preperty to which such beneficiary w0uld otherwise be entitled; . to accept and receipt for any inter vivos, testamentary or other transfer of property to any trust hereunder; to hold trust property. and to negotiate and execute documents on behalf of any trust hereunder in the name of the Trustees. or in the name of one or more nominees. without disclosing the fiduciary relationship: to hold trust property .in common with property of any other trust created under this Trust Agreement and to distribute trust property of any trust under this Trust Agreement to the then acting Trustee(s) of any' trust created under any Trust Agreement or duly probated Will of Grantor if the terms of both such trusts are substantially similar (without regard In) any differences between remote contingent remaindermen), to be held, administered and disposed of by such Trustee(s) as a part of such other trust;' I to adopt such accdunting period as _the Trustees deem appropriate; to apply for and purchase hospitalization, health, accident and/or major medical insurance policies for the benefit of any income beneficiary of a trust hereunder and to maintain any such insurance or any similar insurance in force, to reimburse the trust hereunder. such 15 income beneficiary or others for expenses advanced 'out of proceeds collected by the Trustees with respect to any such policy, without any liability for any such decision if made in good faith and without any obligation to make any claim on any policy unless they have received ea full written statement of the facts giving rise to the claim, and to linstitute legal proceedings to recover benefits on any such policy (and the Trustees shall be indemnified to their satisfaction for any expenses incurred by'them with respect to any such proceedings). (3) to make, or refrain from making, reasonable reimbursement with respect to investments to corpus .out of gross income for premiums paid and to income out of corpus for discounts received; and to establish reasdnable depreciation, depletion and/or ?amortization reserves in respect of investments and to make contributions to the same out of gross income. ARTICLE FIVE. Anything in this Trust Agreement to the contrary notwithstanding, each trust being administered under the provisions of this Trust Agreement and each trust established pursuant to the exercise of a power of appointment herein granted shall terminate (unless sooner terminated under other provisions of this Trust Agreement or the provisions of the exercise of such a power of appointment) at the expiration ct twenty-one years after the death of the survivor of the following persons who are living at the time of the execution of this Trust Agreement (or, at the time of any earlier period required by the "rule against perpetuities" of Missouri if property is added. to a trust under this' Will from a trust created under any other Trust Agreement or Will): Grantor's children, AARON PUZDER, ANDREW CHRISTIAN PUZDER, and VANESSA MARGARET Upon suCh termination, all of the property then constituting the same shall be immediately' distributed, outright, to the income beneficiary thereof. ARTICLE SIX. If any interest in any part of any trust under this Trust Agreement would pass to any person, or to a 16 trust for his or her benefit, if he or she were alive upon the occurrence of any contingency (such as the death of any individual (including Grantor) or any individual's attaining a specified age) and such person dies under such conditions that it wouhi be difficult or inmossible (in the opinion of the Trustees) to determine whether or not he or she was alive upon the occurrence of such contingency, such person shall be deemed for the purposes of this Trust Agreement to have died prior to the occurrence of such contingency; ARTICLE SEVEN. In interpreting and applying the provisions. of this Trust Agreement, the following definitions and rules shall apply, unless otherwise expressly provided: Section A. An adopted person who, prior to his or her adoption, was the child of? a deceased descendant of Grantor, and an adepted person who is adopted by a descendant of Grantor arm! whose adoption became final after such adopted person's attaining his or her fourteenth birthday, shall be treated as having (1) all the same relationships as existed prior to his or her adoption, and (ii) no relationship to any adoptive parent who is not also his or her natural parent or to any person whose relationship must be traced through said adoptive parent who is not also his or her natural parent. Any other adopted person shall be treated in all respects 'as a natural?born child of his or her adoptive parent(s) and as having no relationship to any person whose parental relationship to said child is terminated by said child's adoption, or (ii) to any person whose relationship to. said child must be traced through any such person whose parental relationship is so terminated. Also, if at the time of the death a descendant of Grantor, a child is in the custody of such descendant and his or her Spouse pursuant to an order of a court of competent jurisdiction which contemplates the adoption of such child by such descendant and his or her spouse and such. adoption has not become final at the time of such doscondant's death, such child shall be treated as a natural child of such 17 descendant if the adoption of such child by such descendant's spouse becomes final after such descendant's death. Section B. The age of Inajority of an individual is the. age at which the law of the individual?s residence terminates the disability of? minority with respect to a conveyance of property by such individual. A "minor" is a' perSOn who has not yet attained the age of majority. Section C. For the sake of simplicity.the phrase "the Trustees? and plural pronouns have been used throughout this Trust Agreement. Personal pronouns used herein and the words used ?to designate fiduciariesf herein appointed shall Ibe 'construed to be of the number and gender of the party or parties to whom they refer. Section D. The term "securities" shall? include, without limitation, notes, bonds, debentures, stock (common and preferred), voting trust certificates, and shares of mutual or other investment funds, .whether unsecured or secured by property located in Missouri or elsewhere and whether or not represented by a certificate. Section E. The phrase "death taxes" shall mean all inheritance, estate, transfer, or succession taxes (excluding, however, any generation~skipping transfer taxes), and all interest and penalties thereon, assessed by the United States, a foreign government or a state, or other political subdivision of any of them, against. Grantor's estate and/or against any beneficiary therebf (predicated upon Grantor's death as a taxable event). Section F. A child born alive and living at least fourteen days shall be treated as living from the moment of his or her conception for purposes of determining his or her status as a beneficiary under this Trust Agreement. Section G. The term "Code" shall mean the Internal Revenue Code of 1986. and all provisions amendatory thereof, supplemental thereto-or substituted therefor. I Section H. Grantor's heirs and their distributive shares shall be determined under the laws of descent and 18 distribution of the State of Missouri, as if Grantor had died intestate. a resident of Missouri, and owning the preperty to be distributed immediately after the event occasioning the- distribution to such heirs. I Section I. The term "education" shall include. without limitation, tuition; and costs of books and supplies, related to nursery, grammar, high school. college, and university education. graduate study, private tutoring, special education of any type, and internship or other similar apprentice?type work from which little or no income is earned, and the living expenses and travel expenses directly related thereto. I Section J. The term "property" shall mean property of all types (whether 'domestic or foreign) land all interests therein, including, but not limited to, real property, tangible personal property. securities, Options, partnerships, insurance policies, commodities (whether for current or future delivery), natural resources, precious metals, precious stones, bullion, art objects, domeStic and foreign coins, antiques, livestock and crops. ARTICLE EIGHT. With respect to any property added to the trust fund, all dividends declared but unpaid having a record date prior- to the receipt of such property by the Trustees shall belong in; Grantor' or the transferor, whereas all other dividends. declared but unpaid and? all interest accrued but unpaid- at the time of the receipt of such property by the Trustees shall belong to the trust and shall be income. ARTICLE NINE. Each trust herein created shall be irrevocable, and Grantor shall have no-right or power, whether alone or in conjunction with others, in any capacity. to alter, amend. revoke, or terminate any such trust or any of the terms of this Trust Agreement. in whole or in part, or to designate the persons who shall possess or enjoy any trust property or the income therefrom. ARTICLE TEN. Grantor directs that this Trust Agreement and the trusts created hereunder shall be construed and regulated 19 by the laws of the State of Missouri, and all questions pertaining Ix) their validity. construction and administration shall be determined in accordance with the laws of that State. ARTICLE ELEVEN. The title. powers. duties. immunities and discretions herein conferred upon the Trustees shall continue, after the termination at any trust herein established, until final distribution. IN WITNESS WHEREOF, this Trust Agreement has been executed and entered into at St. Louis, Missouri, on the day and year first above written. GRANTOR: TRUSTEES: STATE OF MISSOURI 55. OF ST. LOUIS) On this day of 1987, before me personally appeared ANDREW F. to me known to .be the person described'in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. - IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my seal on the day and year first above written. Notary Public My commission expires: STATE OF MISSOURI or ST. LOUIS) On this day of . . 1987, before me personally appeared RANDALL A. MARTIN, to me known to be the 20 person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my seal on the day and year first above written. Notary Public My commission expires: .- - STATE OF MISSOURI SS. OF ST. LOUIS) On this 7 day of 1987, before me personally appeared JOHN HENSLEY, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have' hereunto set my hand and affixed my seal on the day and year first above written. Notary Public My commission expires: STATE OF MISSOURI SS. OF ST. LOUIS) On this day of 1987. before me personally appeared JANE E. to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed-the same as her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my. hand and affixed my seal on the day and year first above written. Notary Public My commission expires: IJDIIK 21 CIRCUIT COURT County of St. Louls, Missouri LISA PUZDER, 19 .. Petitioner - vs. . Number 21B96-0232 . Team ANDREW F. PUZDER. Respondent. CONSENT ORDER By consent of the parties in the above styled cause, this Court' 3 prior Consent Full Order of Protection dated June 30, 1985, as extended heretofore .in "the above entitled cause, is hereby extended in full force and effect for an additional period of the lesser of 120 days from this date or such earlier date as Petitioner shall vacate'the premises at 6347 Alamo Clayton, Missouri, subject to the following modifications: . - MW- 8. {re-Md That Petitioner shall be responsible for and pay for any hysical . damage which may occur to the premises as a direct result of the 5 er emissiens-of Petitioner. - - . w'th the excep ion of the master a) . . . . Lb @103wa Petitioner. ??aspondent, Respondent?ney go.to the second and floors of the premises. PUZDER ANDREW PUZDER. . so onosneo - I Attorney Phone Judge . DiVi?lon Attorney Phone me No. EXHIBIT JOINT cusrronr AGREEMENT BETWEEN ANDREW E. AND puana WHEREAS, ANDREW F. PUZDER (hereinafter referred to as "Father" and. LISA PUZDER (hereinafter referred to as "Mother?) were married on the 2nd day of November, 1973, and separated on the 26th day of May, 1986. there were two children born of the marrigae, to~wit: ANDREW can: 5mm "aurora and VANESSA MARGARET PUZDER -. and the parties 'have agreed to dissolve ltheir marriage and the parties have entered into a Marital Settlement and Separation Agreement, and WHEREAS, the parties wish to enter into a Joint Legal Custody Agreement, and I the parties feel that the Agreement should be reduced to writing.- NOW THEREFORE, in consideration of mutual promises and covenants contained herein, the parties agree as follows: Mother and Father agree that they shall mutually exercise the joint care, custody, control and education of the minor children sharing the decision making rights, responsibilities and authority relating to the health, education and welfare of the children. The primary physical placement of such children, however, ?shall be with the Mother. This arrangement is to be established 'with the intention that both Mother and Father shall continue the, "co?parenting" atmosphere which the parties and the minor children have been maintaining. 0F BEST INTEREST: Recognizing the needs of the children for a continuing relationship with each parent, both the Mother and the Father shall use their best effortsto foster the respect, love and affection of the 'children toward each parent and shall cooperate fully in implementing a relationship with the children that will give each child a maximum feeling of security. Each parent shall accommodate ?the social commitments of each child. Each shall coOperate in order that the children shall have regular and frequent contact with both, to the end that there shall be affection and respect between the children and the parents. Each parent agrees to take no action which would demean _the other. Mother and Father agree that they shall set aside any issues and feelings of mutual antipathy and marital discord toward each other for the sake of cooperating equally in the rearing of the children, even though the children's primary home will be with the physical custodian, the Mother. CONFER ON MAJOR ISSUES: The parents will confer with one another in the exercise of the decision making rights, responsibilities and authority and have an equal voice on issues regarding the children's training, education and rearing, including: the choice or change of school, college, camp other comparable summer 2 activity, special tutoring, music, art, dance and other cultural lessons, or or counseling, doctors, surgeons,.and and. other material decisions affecting the health, education and welfare of the children. OBLIGATION TO KEEP OTHER INFORMED: Both Mother and Father shall keep the other informed as to the exact place where each of them resides, the telephone numbers of their residences, their places of employment, and if either party-travels out of town for any extended period of time, then such person shall notify the other. of his 'or her destination and provide a ?telephone number where he or she may be reached. Each shall notify the other of any activity such as 'school conferences, programs, etc., where parents are invited to attend.? The preSence of each at such functions shall be encouraged and welcomed by the other. Each shall advise the other of any serious illness or injury suffered by either. of the children as soon as possible after learning of the same and shall giVe the other parent the details of said injury or illness and the name and telephone number of the attending physician, if any. Each shall direct all doctors involved in the care and treatment to give the other parent all information regarding any illness or injury if either requests the same. In the event of a medical emergency, the parents specifically agree that either shall be able to individually contract for medical or hospitalization services without the consent or consultation of the other parent. REMARRIAGE: In the event of remarriage Of either the Mother or the Father, each agrees that she or he will make known to the new spouse the conditions as set forth herein and she or he will encourage. the new spouse to act in accordance. with the expectations set forth in this CowParenting Agreement. GOOD The parents acknowledge that good faith and good will are essential constituents of this Agreement, and these concepts must include availability of some latitude toward the understanding of each other, when, for some reasons, the other may not be able to comply with some specific activity at a pre?arranged or expected time._ Such good will implies a mutual acCeptance of such issues as the childrens' doctor (in the case of illness.when are with one parent rather than the other), their schools, their extracurricular activities, religious upbringing, etc. Although the children, by virtue of ?the fact that they will remain with the Mother in ther marital home, may spend more time with' that. parent, the ?Co?parenting" arrangement will allow the time spent with the Father to be more effective and of greater import than otherwise because of his ongoing and expected contact with the lives and activities of the minor children. The parents, in recognition of the changing needs and circumstances of the children agree to hold a conference during the first week of September every year. At such time the potent shall review the provisions of this Agreement and may mutually modify any portion of this Agreement with a View toward pronoting the best interest of the children. DEALING WITH DISAGREEMENTS: Mediation: In the event that the parties are unable to resolve any dispute or n?sunderstanding arising under this plan, then they agree to submit the disagreement for mediation. ANDREW F. LISA PUZDER EXHIBIT . QUALIFIED DOMESTIC RELAEIQES oases Husband hereby irrevocably assigns to Wife the right to receive a sum equal to One hundred percent (100%) cf the amount vested to Husband, as of April 1. 1986 in the profit sharing plan of The Stolar Partnership Account at Center?re Bank 8: Trust Company. St. Louis, Missouri, and one hundred percent (100%) of the individual retirement account No. in the name of- Lisa Puzder and Andrew Puzder at Guaranty Trust Company, st. Louis, Missouri. The following information shall qualify this assignment as a Qualified Domestic Relations Order (QDRO) pursuant to Int. Rev. Code as amended by the Retirement Equity Act of 1984, 1. The participant of the profit sharing plan of The Stolar ?Partnership is Andrew F. Puzder. 6347 Alamo, Clayton, Missouri 63105. Social Security him?2714. date of birth The'alternate payee of this plan is Lisa Puzder, 6347 Alamo. Clayton, Missouri 63105 Social Security him-7472, date of birth-. The participants of the individual retirement account at Guaranty Trust Company are Andrew F. Puzder and Lisa Puzder. The alternate payee of this plan is Lisa Puzder. i 2. The amount to be paid to Lisa Puzder from the profit sharing plan of The Stolar Partnership is a sum equal to one hundred percent (100%) of the amount vested (including interest and principal) to husband as of April 1, 1986 in the plan. The amount to be paid to Lisa Puzder from the individual retirement account at Guaranty Trust Company is a sum equal to one hundred percent (100%) of the account(including interest and principal).. 3. The period to which this order applies concerning the. profit sharing plan of The Stolar Tartnership is from the date of commencement of husband's participation in the above plan to April 1, 1986. The period to which this order applies concerning the individual retirement account at Guaranty Trust Company is from the date of commencement of the account to the date of transfer of said account. This assignment is intended to be a Qualified Domestic Relations Order under the provisions of the Internal Reyenue Code as- amended by the Retirement Equity Act of 1984. This assignment and Court Order shall not require the plan to Proyide any type or form of benefit. or any option. not otherwise previded under the Plan, nor require the ?Plan to provide increased benefits (determined on the basis of actuarial value). and shall not require the payment of benefits to an alternate payee which are required to be paid to another alternate payee under another Order previously determined to be a Qualified Domestic Relations Order.