CAUSENO. __17-0-239 THE STATE OF TEXAS IN THE DISTRICT COURT OF Plaintiff, v RICHARD J. BURNS d/b/a CENTURY OAK ESTATES d/b/a RED DEER ESTATES d/b/a NOAH’S LAND and * d/b/a BISON RANCH CALDWELL COUNTY, TEXAS 2 he 0 202 We UD en Defendant. 421" JUDICIAL DISTRICT AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION Plaintiff, the State of Texas, acting by and through Attorney General of Texas, KEN PAXTON and the District Attorney of Caldwell County, Texas, FRED WEBER und Defendant RICHARD J. BURNS, represented by his counsel of record KENNETH R. PHILLIPS announce to the Court that all matters of fact and things in controversy between them have been fully and finally compromised and settled and present to the Court this Agreed Final Judgment and Permanent Injunction ("Agreed Judgment") which the parties named above ("Patties") request be signed and entered by the Court. A. STIPULATIONS 1. By their duly authorized signatures, the Parties stipulate to the Couit the following: a ‘The Parties have read and understand the terms of this Agreed Judgment. b. Defendant is represented by counsel and has conferred with counsel. c. The Parties agree to the terms of this Agreed Judgment. a. ‘The Parties have waived all rights of appeal from this Agreed Judgment.e. The Parties actively participated in the negotiations leading up to this Agreed Judgment. Defendant is aware of the duties placed upon him by this Agreed Judgment and is capable of performing them. & The Parties acknowledge that the terms of this Agreed Judgment are sufficiently detailed and specific to be enforceable by the Court in conformance with the requirements of Texas law. h. The Parties submit to the jurisdiction of the Court and do not contest the entry of this Agreed Judgment, ‘The Plaintiff may take all action reasonably necessary to enforce Defendant's compliance with this Agreed Judgment. B. DEFINITIONS the following words shall have the following meaning: a. "Plaintiff" or "The State" is the State of Texas, acting by and through the Attorney General of Texas and the Caldwell County District Attomey. b. "Defendant" shall mean Richard J. Bus individually and doing business as Century Oak Estates, Noah's Land, Red Deer Estates and Bison Ranch. “Chapter 5” reters to Chapter 5, Subchapter D, Sections 5.061 — .085 of the Texas Property Code. 4. “Contracts” shall mean Executory Contracts for Conveyance as defined by Chapter 5. e. "Century Oak Estate Purchasers” or “Purchasers” refers to persons who entered into ‘Contracts with Defendant to purchase land in Caldwell County in the development "THE STATE OF TEXAS VS. RICHARD. RURNS. Agreed Final Judgment and Permanent Injunction| Page 2known as "Century Oak Estates - Block One" as depicted on Addendum | attached hereto, consisting of approximately 328 acres with 35 unplatied lots numbered 1 thru 29, 36N, 36M, 36S, 37, 38 and 44 and: (i) who have fully performed obligations under their Contract with Defendant; or (ji) who are confirmed as performing their obligations under their Contract with Defendant as of May 1, 2016. As detailed in the Order Appointing Settlement Administrator entered in this case (Order), eligible Purchasers may receive refunds of monies paid to Defendant and certain expenses as further descrihed in notices the Settlement Administrator is required to send to cach. f "Noah's Land Contract Holders" or “Contract Holders” refers to persons who entered into Contracts with Defendant to purchase land in Caldwell County in the development known as "Noah’s Land” as depicted on Addendum 2 attached hereto, being a map of the development located generally on Chalk Road or Reed Creek Drive who have not received a deed and whose Contracts are alleged by the State to be out of compliance with Chapter 5. & “Settlement Administrator" refers to an independent third (3") party appointed by the Court to administer the Consumer Redress and Refund Program described herein. h. “Qualified Improvements” shall mean any permanent structure or feature installed by or paid for by the Purchaser that the Purchaser cannot remove from Century Oak Estates including fences, decks, buildings, sheds, water wells, water lines and septic tanks and does not include any such structure or feature if it was provided by or paid for by the Defendant at no charge to the Purchaser. ‘THE STATE OF TEXAS VS. RICHARD J. BURNS Agreed Final Judgment and Permanent Injunction| Page 31. To “Identify” a Purchaser or Contract Ilolder means to provide the complete name and most current address and phone number of that person and any other information which may assist the Settlement Administrator in locating such person including all personal identifying information and names and contact information of persons from whom Defendant has received payment on such person’s behalf). C. KINDINGS 1¢ Court, having read the pleadings, the stipulations of the Parties, and after being fully advised in this matter, finds as follows: a f That all Parties agree to the entry of this Agreed Judgment and as evidenced by their duly authorized signatures below have approved its entry; ‘That the Court has jurisdiction over the Parties and subject matter of this suit; ‘That the settlement of this dispute is fair, reasonable, and just and the appointment of an independent third (3%) party to administer the Consumer Redress and Refund Program is warranted in this matter; That the Parties have submitted a proposed Order Appointing Settlement Administrator (Order) which requires that the Settlement Administrator file and present reports with this Court, ‘That the loan or Contract modifications and cancellations of Contracts described in this Agreed Judgment and in the Order do not constitute loan forgiveness: ‘That the filing and presentment of such reports by the Settlement Administrator do not constitute the filing of pleadings or the practice of law; and That it would be in the public interest for the Court to approve the settlement, appoint a Settlement Administrator and render the Agreed Judgment accordingly. “THF STATE OF TEXAS VS. RICHARD J. BURNS. Agreed Final Judgment and Permanent Injunction] Page 4D. PERMANENT INJUNCTION 1, IT IS ORDERED THAT Defendant, his representatives, agents, servants, employees, successors and assigns, and any other person or entity in active concert or participation with him, are as of the effective date of this Agreed Judgment enjoined from engaging in the following . conduct: Defendant shall not sell, re-sell, offer to sell, or offer to re-sell property for residential use unless the property is platted in accordance with the requirements of the jurisdiction in which the property is located or is otherwise exempt from platting requirements. b. Defendant shall not execute a Contract without, in advance of the date of execution, providing prospective buyers with all information and disclosures required by Chapter 5, including the following: i A survey whi sno older than one (1) year or a current plat, ii, Written notice informing the buyer of the condition of the property which discloses whether the following are applicable or true: (a) (b) The property has water service that provides potable water; (©) The property has sewer service; (@) The property has been approved by the appropriate regulator (e.g. county) for installation of a septic system; (©) The property has electric service; (9 The property is not in a flood plain; "THF STATR OB TEXAS VS. RICHARD J. BURNS. Agreed Final Judgment and Permanent Injunction] Page 5® h) @ oO &) The identity of the person or organization responsible for maintaining the roads (e.g. the seller, the owner, the municipality, county or state); No individual or entity other than the seller owns the property, has a claim of ownership to the property, or has an interest in the property; No individual or entity has a lien filed against the property: There are no restrictive covenants, easements, or other title exceptions or encumbrances that prohibit construction of a house on the property; and Important financial information to a buyer before he or she signs the Contract including: 1) The purchase price of the property and the interest charged under the Contract; 2) The dollar amount, or an estimate of the dollar amount if the interest rate is variable, of the interest charged for the term of the Contract; 3) The total amount of principal and interest to be paid under the Contract; 4) The Inte charge if any that may be assessed under the Contract; and 5) The fact that the seller may not charge a prepayment penalty or any similar fee if the Purchaser elects to pay the entire ‘THE STATE OF TEXAS VS. RICHARD J, BURNS Agreed Final Judgment and Permanent Injunction) Page 6amount due under the Contract before the scheduled payment date under the Contract. On or before the thirtieth (30) day after the date that the Contract is executed, Defendant must record the Contract, together with all disclosure statements required by Chapter 5. In the event of a default by buyer on a Contract, Defendant must timely file and record the instrument that terminates the Contract. During the term of the Contract for deed, Defendant must each year provide each buyer with a comprehensive status report that includes amounts paid, the remaining amount owed, the number of payments remaining, the amount paid in taxes, and the amount paid for insurance. In the event that Defendant determines that a buyer is in default under the terms of the Contract, Defendant shall provide the buyer with all notices and due process required by Chapter 5 and specifically including the provisions in Sections 5.063, 5.064 and 5.065. Further, all such notices shall be delivered in the form and by the method required in Chapter 5. g Inthe event that a buyer who is in default has paid forty percent (40%) or more of the purchase price on the Contract, or paid more than the equivalent of forty-eight (48) monthly payments, Defendant must provide the buyer with up to sixty (60) days to cure the default; the propeity must be sold in accordance with the requirements of Chapter 5 and if the proceeds of the sale exceed the debt amount, Defendant must disburse the excess funds to the Purchaser within ten business days of his receipt of such funds. ‘THR STATE OF TEXAS VS. RICHARD J. RURNS. Agreed Final Judgment and Permanent Injunction] Page 7bh. Once a buyer has made all payments due on a Contract, Defendant must deliver legal title to the property to the buyer within thirty (30) days of receipt of the final payment, Prior to presenting any Contract to a prospective buyer, Defendant must submit the form of the Contract and the disclosures he intends (o utilize to an attorney licensed in Texas tor review and must obtain from that attorney and retain in his files a letter opinion affirming the documents comply with the requirements of Texas law. Defendant must, in consultation with an attorney licensed in Texas, establish and implement policies and procedures (including forms to be utilized) that he and his agents will utilize when advertising, offering to sell or selling real property for residential use. These policies and procedures must he dated and in writing. k. Defendant must create, or if already created, must retain, the following business records: i. All records necessary to demonstrate full compliance with Chapter 5 and the terms of this Agreed Judgment including payments received by him after the effective date of the judgment. fi, Copies of all advertisements and other marketing materials used by him to sell or offer to sell real property for residential use, and including any such materials used hy a third (3") party on behalf of Defendant. 1. Defendant must retain the records described i the preceding section for the duration of the Contract and in the case of defaults, for a period of four (4) years after the effective date of such default and further, must make the documents ‘THe STATS OF TEXAS VS. RICHARD J. BURNS Agreed Final Judgment and Permanent Injunction] Page 8available to the Office of the Attorney General or the Caldwell County District Attomey upon request. Defendant shall not act as or attempt to act in the capacity of a residential mortgage Joan originator unless he is licensed as a residential mortgage loan originator in the State of Texas as required by Tex. Fin. Code Chapter 157, the Mortgage Banker Registration and Residential Mortgage Loan Originator License Act, is sponsored by an appropriate entity, and enrolled with the Nationwide Mortgage Licensing System and Registry (NMI) as required by Tex. Fin. Code Section 180.052, n, Defendant shall disclose to prospective Purchasers that the land that comprises Century Oak Estates includes unpermitted septic tanks and drain fields and that utilizing these septic tanks and drain fields without obtaining permits from Caldwell County is unlawful and subjects the user to prosecution. E. _ CONSUMER REDRESS AND REFUND PROGRAM. 1. Defendant has agreed to make refunds and provide redress to Century Oak state Purchasers and Noah's Land Contract Holders who are confirmed to be eligible consumers as further detailed in this Agreed Judgment and the proposed Order Appointing Settlement Administrator (Order) which is attached here as Exhibit A and incorporated for all purposes. 2, The Parties agree that the Consumer Kedress and Refund Program (the “Program”) will most efficiently and fairly be implemented through the appointment of a neutral and independent third (3*) party and have jointly filed a motion seeking the appointment of a master to serve as a Settlement Administrator to oversee and implement the Program. The Settlement Administrator shall have the authorities and perform the duties described in this Agreed Judgment and in the Order including reviewing and obtaining Defendant's records; conferring with the Parties; ‘THE STATE OF TEXAS VS. RICHARD J. RIERNS. ‘Agreed Final Judgment and Permanent Injunction| Page 9confirming which Century Oak Estate Purchasers and Noah's Land Contract Holders are eligible consumers for the Program; confirming the specitic remedy available to each; providing or causing notice to be provided to eligible consumers; assuring that all necessary documents are prepared, executed and recorded as may be required; and making or causing payments to be made to eligible consumers. The Settlement Administrator is further authorized to perform any ancillary acts required (0 fully carry out his duties and shall file such reports as from time to time may be requested by the Parties or ordered by this Court. Within thirty (30) days of completion of the Program, the Settlement Administrator shall submit a final report to the Court for its approval. All reports shall be prepared so as to permit the Court and the Parties to perform their due diligence while also respecting the privacy of individuals affected by the Program and safeguarding personal identifying information. 3. Defendant has agreed to and is hereby ordered to fully cooperate with the Settlement ‘Administrator including proving him with fll access to inspect, review and copy all records in his possession, custody or control which relate to the sale of land to the Century Oak Estate Purchasers and Noah’s Land Contract Holders, including records of payments received and deposited, receipts, balance statements, ledgers, annual accounting statements, tax records, including property tax records and any other records which: the Settlement Administrator determines necessary to implement the Program. Defendant shall provide the Settlement Administrator with access ta inspect, review and copy records within seven (7) business days of receipt of a written request for such records. Defendant is ordered to timely provide the Settlement Administrator with complete and accurate information as may be requested by the Settlement Administrator throughout the settlement administration process. ‘TE STATE OF TEXAS VS. RICHARD J. BURNS. Agreed Final Judgment and Permanent Injunction] Page 104, Within ten (10) business days of entry of this Agreed Judgment, Defendant shall provide to the Settlement Administrator and the State: a) information identifying Noah's Land Contract Holders including true and correct copies of all Contracts executed by such; b) the form of deed, note and deed of trust necessary to modify the original loans by converting such Contracts into fee title; and c) a proposed plan to implement such modifications and conversions of Contracts into fee title. Such plan shall include drafts of notices which Defendant through its counsel intends to provide to these Contract Holders. As detailed in the Order, the Settlement Administrator shall confirm the proposed plan or shall confer with the Parties to make modifications to such plan prior to its implementation. Such conversions are modifications of original foans and thus do not constitute loan origination. 5. Within twenty (20) business days of entry of this Agreed Judgment, Defendant shall provide the Settlement Administrator and the State with information identifying all Century Oak Estate Purchasers and further shall provide true and eoneet copies of all Contracts executed by each and records documenting all payments made by each such Purchaser to Defendant. 6. Within twenty (20) business days of entry of this Agreed Judgment, the State shall provide the Settlement Administrator and Defendant with documentation reflecting all Qualified Improvements on the property of each Century Oak Estate Purchaser and documentation reflecting the proposed estimated value of such improvements, Such estimates shall consider the age, size, condition, quality and type of construction of any improvements; the cost to the consuiner for the purchase and/or installation of the improvement; and the present or adjusted value of such. ‘The State shall also provide the Settlement Administrator and Defendant with all consumer complaints related to the causes of action alleged in the State's original petition in this cause. ‘THE STATE OF TEXAS VS, RICHARD J, BURNS Agreed Final Judgment and Permanent Injunction) Page 117. Defendant further agrees to and is ordered to fully cooperate with the settlement administrative process by refraining from contacting individual consumers unless such communication has been approved by the Settlement Administrator or otherwise authorized by this Court. 8. Its further ordered that Defendant shall execute all documents necessary to effectuate the Program as determined by the Settlement Administrator. 9. The Parties reserve the right, by agreement and subject to the Court’s approval, to grant reasonable time extensions that may he necessary to fully implement any provisions of the Program. 10. The Program shall be considered complete when the Settlement Administrator submits a final report to the Court certifying that the Program has been fully implemented as further detailed in the Order. 11. The Settlement Administrator's term of service shall end on the date he submits a final report to this Court attesting that the administration of the settlement is complete. In the event that the Settlement Administrator is unable for any reason to complete the administration of this settlement, he may resign by giving at least thirty (30) days written notice to the Parties and to the Court at which time, the Parties shall by agreement, name a successor to be approved by the Court. In the event that the Parties are not able to agree on a successor, they shall each provide the Court with names of two (2) possible successors who have agreed to serve and the Court shall make a final determination regarding the successor Settlement Administrator. The successor Settlement Administrator shall have all of the rights and powers given to, and all duties imposed on, the Settlement Administrator inthis Agreed Judgment and in the Order. ‘THE STATE OF TEXAS VS. RICHARD J, BURNS. Agreed Final Judgment and Permanent Injunction| Page 12F. MONETARY TERMS 1, Judgment is hereby rendered in favor of the State of Texas in the total amount of NINE HUNDRED THOUSAND AND NO/100 DOLLARS ($900,000.00) for the Century Oak Redress Fund, the Court Registry Fund and fees and casts to be paid as follows: a Century Oak Redress Fund - Within ton (10) business days of receipt of instructions from the Settlement Administrator, Defendant shall pay or cause to be paid the sum of EIGHT HUNDRED AND FIFTY THOUSAND AND NO/100 DOLLARS ($850,000.00) to be utilized by the Settlement Administrator to provide refunds and redress to Contury Oak Estate Purchasers in the manner and for the purposes specified in this Judgment and in the Order. This fund shall be known as the Century Oak Redress Fund. Upon completion of the Program as evidenced by the Settlement Administrator's final report to the Court, any monies reported as remaining in the Century Oak Redress Fund shall be 1 State, acting by and through the Attorney General and the Caldwell County District Attorney, will take appropriate action to obtain court authorization for such remittance. Court Registry Fund - Within ten (10) business days from the date of the entry of this Agreed Judgment, Defendant shall deliver to the District Attorney of Caldwell County a certified check in the amount of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) made payable to the "District Clerk of Caldwell County, Texas {blo Cause No. .” This check shall be for deposit 10 the registry of the Court (the “Registry Fund”) and shall be utilized for the Settlement Administrator's fees and expenses in accordance with the Court's Order. ‘The STATR OF TEXAS VS. RICHARD J, BURNS. ‘Agreed Final Judgment and Permanent Injunction| Page 13The Registry Fund deposit will be retained by the District Clerk in an interest bearing acount. As further detailed in the Order, monies from the Registry Fund will be disbursed for qualifying fees and expenses only after approval by order of the Court on application by the Settlement Administrator who shall provide notice of such application to the Parties. Once approved, the Settlement Administrator's fees and expenses shall be promptly paid by the District Clerk of Caldwell County out of the Court Registry Fund. Upon the Court’s approval of the final report from the Settlement Administrator attesting to the completion of the Program, any monies remaining in the Court Registry Fund, as reported to the Court by the Settlement Administrator, shall be refunded to Defendant. The State, acting by and through the Attorney General and the Caldwell County District Attomey, shall promptly take appropriate action to obtain a court order to authorize the return of any unspent balance to Defendant, minus any administrative fees of the District Clerk. c. Attorney's Fees and Costs - Within ten (10) business days of entry of this Agreed Judgment, Defendant shall pay or cause to be paid the sum of SEVEN THOUSAND AND NO/100 DOLLARS ($7,000.00) to Caldwell County, Texas, as reimbursement of engineering costs associated with this case and, further, shail pay the Office of the Attomey General of Texas the sum of EIGHTEEN THOUSAND AND NO/100 DOLLARS ($18,000.00) as reimbursement of attorney's fees and expenses and costs in this case. Such payments shall be in the form and in accordance with the instructions provided to Defendant by the Caldwell County District Attomey and by the Office of the Texas Attorney General. ‘THF STATROF TEXAS VS. RICHARD J. RURNS ‘Agreed Final Judgment and Permanent Injunction] Page 142, Judgment is further entered against Defendant in the amount of FOUR HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($450,000.00) for civil penalties. It is further ordered that from the effective date of the Agreed Judgment until such date as the Settlement Administrator submits a final report with this Court, the collection of such penalty shall he suspended and the State shall take no action to collect such penalty provided that Defendant timely makes all payments required by this Agreed Judgment and further complies with his obligations to cooperate with the Settlement Administrator. It is further ORDERED and DECREED that if, at the conclusion of the Program as evidenced by the Settlement Administrator's final report, the State of Texas has not filed an action alleging that Defendant has violated this Agreed Judgment and there have been no findings by the Court of noncompliance on the part of Defendant, then the total penalty amount due pursuant to this Agreed Judpment shall be permanently abated. 3. Except as provided in the preceding paragraph F-1, after Defendant has made required payments to the Court Registry Fund and the Century Oak Rediess Fund, he shall have uo tight to any distributions or refunds trom either fund until such time as the Settlement Administrator submits a final report to this Court attesting that the settlement has been fully implemented, reporting on remaining balances, and the Court has authorized such distributions or refunds. G. RETENTION OF JURISDICTION AND RELEASES 1. ‘This Court retains jurisdiction over both the subject matter of this Agreed Judgment and the Parties for the duration of the performance of the terms and provisions of this Agreed Judgment for the purpose of enabling the Parties to apply to the Court at any time for such further direction or relief as may be necessary or appropriate for the cousteuetion or modification of this Agreed Judgment, to effectuate compliance with its terms, and to effectuate the implementation and completion of the Consumer Redress and Refund Program or to resolve any issues related to it. ‘THR STATE OF TEXAS VS. RICHARD J. BURNS. Agreed Final Judgment and Permanent Injunction| Page 152. Subject to the exceptions noted in paragraph G-3 below, followirig a full and complete payment of the amounts required in the preceding paragraph and the filing of the Settlement Administrator's Final Report to the Court, the State of Texas, acting by and through its Attomey General, and the District Attorney of Caldwell County release the Defendant, his employees, agents, successors and assigns from the following: all civil claims, causes of action, damages, restitution, fines, costs and penalties resulting from, arising from of related to the conduct complained of in Plaintiff's Original Petition that the State of Texas has asserted or could have asserted against the Defendant under the Texas Deceptive Trade Practices-Consumer Protection Act, Texas Business and Commerce Code §§ 17.41-17.63, on or before the Effective Date, (collectively, the “Released Claims"), The District Attomey of Caldwell County and Defendant further release any and all civil claims arising from or related to the platting requirements and related process of Caldwell County, including the Caldwell County Subdivision Rules, that either party has asserted or could have asserted against the other in relation to the development of real property for residential use in Caldwell County prior to the date of entry of this Agreed Judgment. 3. Notwithstanding any term of this Agreed Judgment, the following do not comprise Released Claims: a. private rights of action, claims of environmental or tax liability, ©. criminal liability, 4. claims for property damage, and any obligations created under this Agreed Judginent. THE STATE O8 TEXAS VS. RICHARD J. BURNS Agreed Final Judgment and Permanent Injunction] Page 16H. GENERAL PROVISIONS 1, IT IS FURTHER ORDERED that Defendant shall not represent to. the public that this Agreed Judgment constitutes approval by the State of Texas, Caldwell County or this Court, of the actions or business practices of Defendant. 2. This Agreed Judgment may be executed in multiple parts, which together, shall constitute a single original instrument, Any executed signature pages to this Judgment may be transmitted by electronic mail or by facsimile to the other party, and such shall constitute an original signature for all purposes. 3. _ Each of the undersigned signatories represent that he or she is fully authorized to enter into the terms and conditions of the Agreed Judgment and to legally execute this Agreed Judgment. Further, Defendant by his signature, attests that he has read and understands the terms of this Agreed Judgment and the proposed Order Appointing Settlement Administrator and is prepared and able to abide by the terms and requirements of such. 4, Except as provided in the releases recited in the preceding Section G, the Agreed Judgment shall not be construed or used as a waiver or limitation of any cause of action, defense, or any affirmatively granted rights otherwise available to the Parties in any action, including, where applicable, Defendant's right to defend from or make any arguments in any claims or suits of any kind, including without limitation, individual, group or class claims or suits, relating to the subject matter or terms of this Agreed Judgment. Except as expressly provided herein, nothing contained in this Agreed Judgment shall be construed to waive or limit any right of action by any person or cntity. “THE STATE OF TEXAS VS. RICHARD J. RURNS. Agreed Final Judgment and Permanent Injunction| Page 175. ‘This Agreed Judgment shall be binding upon the Parties and their successors and assigns. In no event shall assignment of any right, power or authority under this Agreed Judgment void a duty to comply with this Agreed Judgment. 6. If any portion of this Agreed Judgment is held invalid by operation of law, the remaining terms of this Agreed Judgment shall not be affected and shall remain in full force and effect. 7. Nothing in this Agreed Judgment shall be construed to waive, limit or expand any claim of sovereign immunity the State may have in any action or proceeding. 8. Any failure by any party to this Agreed Judgment to insist upon the strict performance by any other Party of any of the provisions of this document shall not be deemed a waiver of any of the provisions or requirements of the Agreed Judgment; and such party, notwithstanding any such failure or delay in the exercise of rights under this Agreed Judgment, shall have the right thereafter to insist upon the specific performance of any and all of the provisions of this Agreed Judgment and the Order Appointing Settlement Administrator. 9. Inthe event that any state statute, regulation or conduct pertaining to the subject matter of this Agreed Judgment is modified, enacted, promulgated or interpreted by the State of Texas, and this Court holds that such state statute, regulation or conduct is in conflict with any provision of this Agreed Judgment so that Defendant cannot comply with both, Defendant may comply with the state statute or regulation or may engage in such conduct. Such action shall constitute compliance with the counterpart provision of this Agreed Judgment. Defendant shall provide the State of Texas with sufficient advance notice of any judicial or administrative proceeding in which the meaning or interpretation of any such state statute, regulation or conduct is at issue, so as to allow the State of Texas the opportunity to intervene and be heard. ‘Tut State or Texas vs. RICHARD J. BURKS Agreed Final Judgment and Permanent Injunction| Page 1810. Nothing in this Agreed Judgment shall be construed as relieving Defendant of his obligations to comply with all State and federal laws, regulations or rules or as granting permission to engage in any acts or practices prohibited by such law, regulation or rule, 11. All filing fees and court costs associated with commencing this action and entering this Judgment shall be borne by the party ineurring same. 12, Notices to the Parties shall be sent by certified or registered mail, return receipt requested, postage prepaid or by personal delivery to the attention and at the addresses shown on the attached signature page. 13. This Agreed Judgment finally disposes of all claims and all Parties in this litigation. The Parties expressly waive appeal from this Judgment and all relief not expressly granted is denied. hm SIGNED ON this, a4 day of June, 2017. wl & PRESIDING FILED no day genes i M TINA MORGAN FREEMAN NAMORGANERERLAN ehvando Clb pec, ‘THE STATR OF TEXAS VS. RICHARD J. BURNS. ‘Agreed Final Judgment and Permanent Injunction) Page 19APPROVED AS TO FORM AND SUBSTANCE AND ENTRY REQUESTED: KEN PAXTON, Attomey General of Texas JEFFREY C. MATEER First Assistant Attomey General BRANTLEY STARR Deputy First Assistant Attomey General JAMES E. DAVIS Deputy Attorney General for Civil Litigation DAVID A. TALBOT Division Chief, Consumer Protection Division G , C5 D. ESTHER CHAVEZ State Bar No. 04162200 C. BRAD SCHUELKE State Bar No. 24087757 Senior Assistant Attorneys General Office of the Attomey General Consumer Protection Division P.O. Box 12548 Austin, Texas 78711 (S12) 463-2185 Phone ¢ qa __ FRED WEBER fi District Attomey - Caldwell County State Bar No, 00795713 JORDAN POWELL Assistant District Attomey State Bar No. 24087391 1703 S. Colorado Street, Box 5 Lockhart, Texas 78644 (512) 398-1811 Phone ‘TWe STATE OF TEXAS VS, RICHARD J. BURNS ‘Agreed Final Judgment and Permanent Injunction] Page 20Bar No. 07632400 General Counsel ‘Texas Department of Savings aud Mortgage Lending 2601 N. Lamar, Suite 201 Austin, Texas 78705 Phone: (512) 475-0787 ‘THE STATE OF TEXAS VS, RICHARD J. BURNS Agreed Final Judgment and Permanent Injunction) Page 24ATTORNEY FOR DEFENDANT RICHARD J. BURNS: KENNETH R. State Bar No. 199377 Law Office of Kenneth R. Phillips, PC 3322 E. Walnut Street, Suite 111 Pearland, Texas 77581 Phone: (281) 412-9003 Fax: (281) 412-4735, Email: AttyXRP@aol.com DEFENDANT: eclewe RICHARD J. Bl P.O. Box 459 Pearland, Texas 77588 ‘Tue STATE OF TEXAS VS. RICHARN I. URNS. Agreed Final Judgment and Permanent Injunction| Page 22re 1steg SALVISANVO KANTO Txnanaaayayorata SUVEST AYO 2UOINID Txaaxzacy