Linda Gibbs - Page 3

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          district court concluded and found, as stated in the divorce                
          decree:                                                                     
                    Because in this case * * * [petitioner and Mr.                    
               Gibbs] have worked extremely hard and have contributed                 
               their joint efforts towards the accumulation of                        
               property, it is the feeling of the court that an equal                 
               division of their property is justified.  * * * [Mr.                   
               Gibbs] should certainly retain ownership of the                        
               SuperAmerica station.  He should, however, pay to * * *                
               [petitioner] a sum of money sufficient to essentially                  
               equalize the property division.  To equalize the                       
               division, * * * [Mr. Gibbs] should pay to * * *                        
               [petitioner] the sum of $122,500.  It would be                         
               extremely difficult for * * * [Mr. Gibbs] to pay said                  
               money in cash, and, consequently, the decree will                      
               provide for payment of $22,500 at this time with the                   
               balance to be paid over a ten-year period, with                        
               interest at 9 percent.  Equal installments of $15,583                  
               will be required and will be ordered to be paid                        
               annually.  To secure said payments, * * *  [Mr. Gibbs]                 
               shall provide * * * [petitioner] with a mortgage on the                
               property.  [Emphasis added.]                                           
               Based upon the foregoing conclusions and findings, in the              
          divorce decree, the district court ordered:                                 
               [Mr. Gibbs] shall pay * * * [petitioner] the sum of                    
               $122,500.  Payment shall be $22,500 on or before March                 
               15, 1990, with the balance to be paid in ten                           
               installments of $15,583 each, the first of which will                  
               be due March 15, 1991, with payments continuing                        
               annually for nine years, making ten installment                        
               payments in all.  * * * [Petitioner's] attorney shall                  
               prepare a note evidencing said payments and a mortgage                 
               covering the SuperAmerica property, which shall be                     
               executed by * * * [Mr. Gibbs] and delivered to * * *                   
               [petitioner's] attorney.                                               
               In accordance with the divorce decree, in each of the years            
          in issue, Mr. Gibbs paid $15,583 to petitioner.  The parties                
          stipulated that the payments consisted of the following:1                   


          1  We note that the sum of the interest and principal for                   
          each year does not equal $15,583.  We assume that the $1                    
          discrepancy is the result of rounding.                                      



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