- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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