- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011