9806530 CB 29?? 54 MARRIAGE CONTRACT FOR SEPARATE PROPERTY REGIME UNITED STATES OF ANIERICA BETWEEN ERIC F. SKRMETTA STATE OF LOUISIANA AND DEBORAH ANN GIBSON PARISH OF JEFFERSON BE IT KNOWN that 913%? 3. '95? Before Mat?ewe A Goa-m4, a Notary Public duly commissioned and quali?ed in and for the aforesaid state and parish, and in the presence of the undersigned competent witnesses, personally came and appeared: ERIC F. SKRMETTA, a single man of age of majority, domiciled in New Orleans, Louisiana, who has never been married, and having as his present mailing address 4314 Bancroft Drive, New Orleans, Louisiana 70122; and DEBORAH ANN GIBSON, a single woman of ?ll age of majority, domiciled in Metairie, Louisiana, who has never been married, and having as her present mailing address 21? Magnolia Drive, Metain'e, Louisiana 70005; jointly referred to hereinafter sometimes as who each declared that they intend to be joined in marriage on or about February 7, 1998, at the Academy of Sacred Heart Chapel, 4521 St. Charles Avenue, New Orleans, Louisiana 70115, and that they desire to establish a matrimonial regime of separation of property between them in accordance with Article 2370 of the Revised Civil Code of Louisiana. NOW THEREFORE, Appearers agree and contract as follows, and this contract is contingent upon their marriage: I 1. APPEARERS, as the intended husband and wife, shall be and remain separate in property, and they do hereby formally renounce the provisions of Louisiana law establishing a community of acquets and gains, as that law is now written or as may be herea?er amended. 2. In furtherance of the foregoing and not in limitation thereof, APPEARERS agree that all of the property of whatever kind or nature owned by ERIC F. SKRMETTA at the time of the celebration of the intended marriage and all property acquired by him thereafter of whatever kind or nature, ?om whatever source, including, without limitation, all fruits attributable to all such property and any and all income derived from his labors or otherwise during the marriage, are, shall be, and shall remain his separate property under his sole separate administration and control. Moreover, 65.50 63:31:16 PH JEFF Phil 527194 {[36 NR MARRIAGE CONTRACT FOR 5 3 .0 SEPARATE PROPERTY REGIME 9 3 0 5 BETWEEN ERIC F. SKRMETTA AND DEBORAH ANN GIBSON without limitation, all debts now existing or hereafter incurred by him are, shall remain, and shall be his separate obligations. It is expressly understood and agreed by and between APPEARERS that ERIC F. SKRMETTA expressly reserves, individually and solely, the complete separate administration and control of his estate, which is and shall remain entirely separate, including, without limitation, all property and assets Of all kinds, and he reserves the free enjoyment of all Of his income and revenue from any and all sources, including, without limitation, earnings that he may receive during the marriage. There is no community property. 3. In ?ntherance of the foregoing and not in [imitation thereof, APPEARERS agree that all of the property of whatever kind or nature owned by DEBORAH ANN GIBSON at the time of the celebration of the intended marriage and all property acquired by her thereafter, Of whatever kind or nature, ?'om whatever source, including, without limitation, all ?'uits attributable to all such property and any and all income derived from her labors or otherwise during the marriage, are, shall be, and shall remain her separate property under her sole separate administration and control. Moreover, without limitation, all debts now existing or hereafter incurred are, shall remain, and shall be her separate Obligations. It is expressly understood and agreed by and between APPEARERS that DEBORAH ANN GIBSON expressly reserves, individually and solely, the complete separate administration and control of her estate, which is and shall remain entirely separate, including, without limitation, all property and assets of all kinds, and she reserves the free enjoyment of all of her income and revenue from any and all sources, including, without limitation, earnings that she may receive during the marriage. There is no community property. 4. In furtherance Of the foregoing and not in limitation thereof, it is expressly understood and agreed that neither ERIC F. SKRMETTA nor DEBORAH ANN GIBSON shall be responsible for the debts or Obligations of the other, incurred either before or during the marriage; additionally, neither party?s separate property shall be in any way subject to any claim, debt or obligation of the other party, whether incurred before or during the marriage. MARRIAGE CONTRACT FOR SEPARATE PROPERTY REGIME BETWEEN ERIC F. SKRMETTA AND DEBORAH ANN GIBSON 6 5 3 l},E 5. 9 8 0 Special Provisions These provisions are independent of the separate property regime that the parties have contracted, supra: 1. Deborah Ann Gibson agrees to pay the following expenses and obligations, and relinquishes any right to claim any reimbursement or ownership interest in the event of the dissolution of the marriage for any reason (and any failure by ERIC F. SKRMETTA to enforce these provisions shall not negate or abrogate DEBORAH ANN continuing obligation to pay these expenses). These expenses shall be paid by DEBORAH ANN GIBSON until proceedings for divorce are instituted by either party: 1. Utility costs (natural gas, water, electricity, cable television, pool service, telephone and garbage pickup for the home owned by ERIC SKRMETTA at 117 Sena Drive, Metairie, Louisiana 70005, which home the parties shall occupy, and any other home they reside in that is owned by ERIC F. SKRMETTA. 2. Any interior design services, selected by DEBORAH ANN GIBSON, for the home owned by Eric Skrmetta at 117 Sena Drive, Metain'e, Louisiana 70005, and any other home they reside in that is owned by ERIC F. SKRMETTA. 3. Any construction additions, selected by DEBORAH ANN GIBSON, to the home owned by ERIC F. SKRMETTA at 117 Sena Drive, Metairie, Louisiana 70005. Namely, any addition of a swinuning pool or conservatory cover, and all landscaping and lawn care fees, and other interior or exterior expenses not on the original plans for the construction of 117 Sena Drive, Metairie, Louisiana. The parties agree that all such additions and exterior plans must be acceptable to ERIC F. SKRMETTA. This provision shall apply to any other home owned by ERIC F. SKRMETTA in which the parties reside. II. Deborah Ann Gibson agrees that if she advances or gives any sums of money or property to ERIC F. SKRMETTA, for any reason whatsoever, she hereby relinquishes the right to claim any such money or property as her property; all such money and property shall be and remain MARRIAGE CONTRACT FOR SEPARATE PROPERTY REGIME BETWEEN ERIC F. SKRMETTA AND DEBORAH ANN GIBSON 3?05.?q the separate property of ERIC F. SKRMETTA. ERIC F. SKRMETTA and DEBORAH ANN GIBSON hereby waive any and all right to receive post divorce spousal support as Louisiana law is now written or may hereafter be amended, both parties acknowledging and agreeing that they are familiar with the Louisiana Supreme Court decision in MgAlpine v. McAlpine.. IV. ERIC F. SKRMETTA and DEBORAH ANN GIBSON hereby agree that in the event children are born of their marriage, that, in the event of a breakup of the marriage, the custody of any child(ren) shall be ?Joint Custody? with the child(ren) spending one week with each parent on an alternating basis, and moreover, each parent shall be designated ?co-domiciliary parent? with equal rights, responsibilities, and authority concerning the child(ren). The parties acknowledge that this agreement will be in the best interest. Additionally, no child support payments will be due from either party to the other and all incidental and periodic expenses will be borne by each respective parent during his or her custodial period. All major expenses of the child(ren) medical, education, and transportation) will be shared on an equal basis by both parents. This provision is also acknowledged to be in the best interest. ERIC F. SKRMETTA and DEBORAH ANN GIBSON hereby further agree that they will share equally all holiday visitation and vacation periods regarding the child(ren). V. DEBORAH ANN GIBSON acknowledges that ERIC F. SKRMETTA will continue to engage in his professional and personal pastime activities and will travel between 60-100 days per year, and she further acknowledges an acceptance of his actions through professional and pastime activities. DEBORAH ANN GIBSON accepts that ERIC F. SKRMETTA engages, among other things, in the activities of hunting, ?shing and other recreational activities and states that she has, and will have, no opposition to his recreational activities, some or all of which may take place without her. VI. DEBORAH ANN GIBSON further agrees to maintain at her sole cost and expense life insurance policies on herself and on ERIC F. SKRMETTA. DEBORAH ANN GIBSON shall own the policy on ERIC F. life and he on her life. The policies will be in the face amount of no less than $500,000.00 and no more than $2,000,000.00. The choice of the type of MARRIAGE CONTRACT FOR SEPARATE PROPERTY REGIME 6 5 8 BETWEEN ERIC F. SKRMETTA 9 3 0 - AND DEBORAH ANN GIBSON policy is in the sole discretion of DEBORAH ANN GIBSON, except that the insurance companies must have a rating. VII. In the event that the parties institute proceedings for dissolution of their marriage, DEBORAH ANN GIBSON waives any right she may have to use and possession of 117 Sena Drive, Metairie, Louisiana 70005, or any other property in which they reside which is owned by ERIC F. SKRMETTA, which property shall be and remain ERIC F. separate property. This provision applies even if child(ren) are born of the marriage. The parties speci?cally acknowledge and agree that all of the foregoing ?Special Provisions? are independent of their separate property regime, and the invalidity of any of the foregoing special provisions shall in no way effect the validity of the parties? separate property regime. Ifany of the foregoing Special Provisions are held invalid, by ?nal and de?nitive judgment, that invalidity shall not affect the validity of the remaining ?Special Provisions? which can be given effect without the invalid ?Special Provisions.? 6. The parties ?irther acknowledge and agree that each is familiar with the ?nancial condition of the other, and each is fully and completely satis?ed with their ability to discover the ?nancial condition of the other. The parties freely and knowingly acknowledge and agree that this Agreement shall be enforced as written. 7. The parties acknowledge and agree that this Agreement contains their entire understanding concerning their matrimonial regime, which is a separate property regime, and that there are no other agreements between them. To be effective, any modi?cation Of this Agreement shall be in appropriate written form as prescribed by Louisiana law. No verbal modi?cations shall be enforceable. 8. Each party has had independent representation in the confection and execution of the Marriage Contract, and each party is ?illy satis?ed with that representation. Each party ?illy MARRIAGE CONTRACT FOR SEPARATE PROPERTY REGIME BETWEEN ERIC F. SKRMETTA AND DEBORAH ANN GIBSON . understands this Agreement and desires that it be enforced as written. THUS DONE AND PASSED on the date indicated above at New Orleans, Orleans Parish, Louisiana, in the presence of the undersigned Notary Public, quali?ed in said State and Parish, and the undersigned competent witnesses, who have signed with the Appearers after due reading of the whole. 6 mx ERIC F. SKRMETTA g?a?w NOTARY PUBLIC