Alton W. Burns and Pamela Burns - Page 8

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                        marine sales and service business but expressly                                  
                        does not include any boats, new outboard or                                      
                        inboard motors, new outdrive units or boat                                       
                        trailers.                                                                        
                              (b) All of the equipment used and owned by                                 
                        [Arizona Marine] in connection with its marine                                   
                        sales and service business, including but not                                    
                        limited to furnishings, fixtures, leasehold                                      
                        improvements, tools and other personal property.                                 
                  * * * [Arizona Marine] makes no representation of value                                
                  or amount of inventory or equipment and Burns expressly                                
                  agrees to accept whatever is present at the premises at                                
                  the date and time set forth in paragraph 1. * * *                                      
                                     *   *   *   *   *   *   *                                           
                        5.    Burns acknowledges complete satisfaction of                                
                  all remaining obligations due Alton W. and Pamela A.                                   
                  Burns under the Promissory Note * * *.                                                 
                  The agreement relating to petitioners' lessor's lien and                               
            security interest in certain Arizona Marine property, also                                   
            entered into on May 9, 1980, provides:                                                       
                  [I]n consideration of payment from [Mr. Lieberman] to                                  
                  BURNS in the sum of Twenty Thousand Dollars                                            
                  ($20,000.00), the adequacy and receipt of which is                                     
                  hereby acknowledged, BURNS agrees as follows:                                          
                        1.    BURNS releases any and all claims ALTON W.                                 
                  BURNS and PAMELA A. BURNS may have upon the collateral.                                
                  After repossession of Arizona Marine, petitioner husband                               
            testified that petitioners received roughly $15,000 of                                       
            "inventory", in addition to the $20,000 settlement check from the                            
            Liebermans.  Petitioner husband also testified that petitioners                              
            paid their legal fees from the Arizona Marine transaction by                                 
            signing over the $20,000 settlement check to their attorney, and                             
            paying approximately $3,000 to $4,000 out of their own pocket.                               




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Last modified: May 25, 2011