Ronald H. Bradshaw and Monica I. Bradshaw - Page 9

                                        - 9 -                                         

                      JUDICIAL FORECLOSURE OF SECURITY INTEREST                       
                       9.  On March 18, 1987 Defendant Motion, Inc.                   
                  duly executed a security agreement to secure the                    
                  payment of every debt, liability and obligation                     
                  of every type and description which Motion, Inc.                    
                  may incur to Plaintiff.  The security agreement                     
                  granted Plaintiff a security interest in all                        
                  inventory, accounts and other rights to payment.                    
                  A copy of this agreement is attached as Exhibit                     
                  "D" and incorporated by reference the same as if                    
                  fully copied and set forth at length.                               
                       10.  As reflected above, the Defendant                         
                  Motion, Inc. is indebted to the Plaintiff in the                    
                  sum of $886,026.00.  The Plaintiff has requested                    
                  that the Defendant pay the amount owed but the                      
                            Defendant has failed and                                  
                            refused and still fails and                               
                            refuses to pay the Plaintiff.                             
                       11.  By reason of these defaults, and in                       
                  accordance with the terms of the security                           
                  agreement, Plaintiff has made demand upon the                       
                  Defendant Motion, Inc. for the payments of the                      
                  amounts due and has notified the Defendant                          
                  Motion, Inc. of the debt being due.                                 
                       12.  On September 30, 1985, Plaintiff                          
                  perfected a security interest by filing a                           
                  financing statement in due form with the                            
                  Secretary of State, Travis County, Texas.                           
                       13.  Plaintiff, by virtue of the security                      
                  agreement, is entitled to have the security                         
                  interest foreclosed, to have a sale directed, and                   
                  to have the proceeds applied to satisfy the debt                    
                  owing to Plaintiff by Defendant Motion, Inc.                        
                       14.  The Defendant Tarrant Bank has filed a                    
                  financing statement claiming a security interest                    
                  inferior to the security interest of Plaintiff.                     
                  Plaintiff on information and belief alleges that                    
                  the proceeds from the sale of inventory of                          
                  Defendant Motion, Inc. subject to the superior                      
                  security interest of Plaintiff have been and may                    
                  be in the future paid to Tarrant Bank.  These                       




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011