Henry and Esther Misle - Page 17




                                               - 17 -                                                  
                                    *   *   *   *   *   *   *                                          
                        2.  That Defendants’ Motion for Partial                                        
                  Satisfaction of Judgment for payments made to First                                  
                  Bank [FirsTier] and Park Place Chevrolet [Chevrolet] by                              
                  Defendants from and after August 1, 1996 is granted                                  
                  with Defendant to be given credit on the Modified                                    
                  Judgment for the sum of $216,165.31 representing                                     
                  payments from September 1, 1996 through December 17,                                 
                  1997 of $216,165.31.                                                                 
                                    *   *   *   *   *   *   *                                          
                        4.  To settle and resolve certain conflicts which                              
                  have arisen in regards to the amount payable pursuant                                
                  to the * * * Modified Judgment, the Parties, in open                                 
                  Court, have indicated their agreement to the following:                              
                                    *   *   *   *   *   *   *                                          
                              (b) The note of First Bank (f/k/a FirsTier                               
                                    Bank), referenced in the “side letter                              
                                    agreement,” dated March 15, 1990, to                               
                                    which Henry Misle was an accommodating                             
                                    Party, has been paid by the Defendants,                            
                                    in full, without Henry Misle’s knowledge                           
                                    or cooperation and the Defendants are                              
                                    due a credit on the Modified Judgment                              
                                    * * *;                                                             
                              (c) Between the dates of January 1 and                                   
                                    January 8, 1998, the Defendants will                               
                                    cause to be retired the Park Place                                 
                                    Chevrolet note, [Chevrolet debt]                                   
                                    referenced in the “side letter                                     
                                    agreement,” which will satisfy said                                
                                    indebtedness of Henry Misle completely                             
                                    and the Defendants will be given a                                 
                                    credit on the Modified Judgment * * *;                             

            E.    HJA’s Payments to or for the Benefit of Henry                                        
                  During the years in issue, HJA made covenant not to compete                          
            payments to Henry or for his benefit in the following amounts:                             
                  Year                    Covenant not to compete payments1                            





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Last modified: May 25, 2011