COURTNEY TERRY
RUSK COUNTY DISTRICT CLERK
P. O. Box 1687 - Henderson, TX 75653-1687
115 N. Main St., Suite 301 ~ Henderson, TX 75652
Phone: (903) 657-0353 Fax: (903) 657-1914
NOTICE OF FINAL JUDGMENT
RE: CAUSE NO: 2013-390
LUMINANT MINING COMPANY LLC IN THE FOURTH JUDICIAL
VS. DISTRICT COURT
DEBORAH D. JOHNSON, MICHELLE DADE RUSK COUNTY, TEXAS
WILFRED COOKSEY, GERALD TONEY,
NICOLE TONEY, HOWARD STORY, MARION
CAROL STORY, NELSON GREENWOOD, JR.,
MAJORIE H. WILLIAMS, WILMER FORREST
TRIMBLE, JR., A/K/A WILMER FORREST
TREMBLE, JR., SHARON TRIMBLE
DONALDSON, SELIA TRIMBLE SHAWKEY,
AND BILLIE J. MURPHY TREMBLE
You are hereby notified that on the 16th day of December,2014, the Court signed the
FINAL JUDGMENT
in the above entitled and numbered cause.
COURTNEY TERRY, . *,, .
)unty District Clerk. >*£gCiB^
BY:
Dated: December 17,2014
cc: All Parties of Record
FLOWERS-DAVIS,P.L.L.C,
Attorneys at Law
Celia C. Flowers*
* Board certified. On, Gas ft Mineral Law Roberts. Davis
Texas Board of legal specialization
1021 ESE Loop 323, Suite 200 Chad C.Rook
" Board certified. Residential real estate law
Texas board of Legal Specialization
Tyler, Texas 75701 LeeLCorrea
* Board certified, civil Trial law Main TaEPHONE (903) 534-8063 Robin h. O'Donoghue
TEXAS BOARDOF LEGALSPEClALlZATlOtf
Facsimile: (903) 534-1650 Richard B.Vance
Caren C. Courtney
Julie P. Wrioht Thomas H Buchanan*
Michael W. Janecek Immigration (903) 592-8186 • Board Certified, On, Gas &mineral law
Jane W. Janecek Texas Board of leoal speoauzatum
WVVAY.FLOWFRSnAVftCr>M J. Mitchell Beard
Melanie S. Reyes
Alan W. Tomme Stuart R. Hene
Longview Office:
J. Scott Miller 1516judsonroad
Steven M. Mason Preston w. McGee*
Longview, Texas 75601 *Board Certified, personal In/ury Trial La»
Morgan M. Elliott Telephone: (903) 757-8900 Texas board op legal SreaAUZAim*
Natasha L. Gransberry Facsimile: (903) 757-8902 • board Certified, Civil trial uw
Catherine Chesley Goodgion Texas Board of legal Specialization
William R. Knight, Jr.
Midland Office: Virginia D. Young
Maya P. Jedlicka
A.D. (Dean) Chapman, Of Counsel 3001 W.Loop250 North, Ste.C105-366 Donald Ross Patterson*, of Counsel
Midland, Texas 79705 * board certified. immigration &natknality uw
Andrew R. Schwing, Of Counsel Texas board of leoal specialization
Telephone: (432)897-4810
December 19, 2014
Billie J, Murphy Tremble
2806 Evans St.
Marshall, TX 75670
Re: Cause No. 2013-392, Luminant Mining Company, LLC v. Wilmer Forrest
Trimble, Jr., et al
Cause No. 2013-390, Luminant Mining Company, LLC v. Deborah D Johnson
etal
Cause No. 2013-391, Luminant Mining Company, LLC v, Wilmer Forrest
Trimble, Jr., et al
Dear Ms. Tremble:
An order to sell the property in above-referenced lawsuit was signed on Tuesday
December 16 , in Rusk County. We have been engaged by the Receiver to disburse funds' to all
parties entitled to receive sales proceeds.
In that regard, I have enclosed a W-9 which needs to be completed and returned in the
enclosed, pre-addressed envelope. Upon receipt from you of a fully completed W-9 form we
will disburse the percentage offunds payable to you at the address you have provided on the W-
9 form.
Ifyou have any questions, please feel free to contact me at 903-534-8063.
Sincerely,
CCG/bd Catherine Chesley Goodgion
enclosures
Form Request for Taxpayer Give Form to the
(Rev. August 2013) requester. Do not
Department of the Treasury Identification Number and Certification
internal Revenue Service send to the IRS.
Name (as shown on your income tax return)
Business name/disregarded entity name, ifdifferent from above
o.
Check appropriate box for federal tax classification:
c Exemptions (see instructions);
o
D (rtdlviduai/sdB proprietor • CCorporation • SCorporation • Partnership Q Trust/estate
S8
If
o £
• Limited lability company. Enterthe tax classification (C=C corporation, S=S corporation, P=partnership) *
Exempt payeecode (If any)
Exemption from FATCA reporting
i! D Other (see instructions) •
code fit arty)
E Address (number, street, and apt. or suite no.)
u Requester's name andaddress(optional)
&
01
ID
City, state, and ZIP code
O
List account numbers) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN In the appropriate box.TheTIN provided must matchthe namegiven on the "Name" tine Social security number
toavoid backup withholding. For Individuals, this isyour social security number (SSN). However, for a
resident alien, soleproprietor, ordisregarded entity, see the PartIinstructions on page3 Forother
entities, itisyour employer identification number (EIN). If you do nothave a number, see How to geta
TINon page 3.
Note. If the accountis in more thanone name, see the chart on page Aforguidelines on whose Employer identification number
number to enter.
HEMDi Certification
Under penalties of perjury, 1certify that: ~"
1. The number shown on this form is my correct taxpayer Identification number (or Iam waiting for a number to beIssued to me), and
2. Iam not subject to backup withholding because: (a) Iam exempt rrom backup withholding, or (b)! have not bean notified by the Internal Revenue
Service (IRS) ha am subject to backup withholding as aresult of afailure to report all interest or dividends, or (c) the IREhas '- Date*
General Instructions withholding laxonforeign partners' share ofeffectively connected income, and
Section references are to the Internal Revenue Code unless otherwise noted. 4. Certify thatFATCA code(s) entered on this form (if any) indicatina thatyou are
exempt from the FATCA reporting, is corToct
Future developments. The IRShas created a page on IRS.gov for Information
about Form W-B,at wwwjra.gov/iv9. Information about any future developments Note. If you area U.S. person anda requester gives you a form other than Form
affecting Form W-9 (such as legislation enacted after we release it) willbe posted W-9 torequest your TIN, youmustuse the requester's form ifitissubstantially
on that page. similar to this Form W-9.
Definition ofa U.S. person. Forfederal tax purposes, you areconsidered a U.S
Purpose of Form person if you are:
A person who is requiredto file an information return withthe IBSmust obtain your • Anindividual whois a U.S.citizenor U.S. residentalien,
correct taxpayer Identification number (TIN) to report, (or example, income paid to • Apartnership, corporation, company, or association created ororganized in the
you, payments made to you in settlement of payment card and third party network Unrted Statesor underthe lawsof the UnitedStates,
transactions, real estate transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellationof debt, or contributionsyou made • Anestate (otherthan a foreign estate), or
to an IRA. • Adomestic trust (as defined in Regulations section 301.7701 -7),
Use Form W-9 only if you are a U.S. person (including a resident alien),to Special rulesforpartnerships.Partnerships thatconduct a trade or business in
provide your correct TIN to the person requesting It (the requester) and, when the United States aregenerally required to pay a withholding tax under section
applicable, to: 1448on anyforeign partners'share of effectively connected taxable income from
1. Certifythat the TINyou are giving is correct (or you are waiting for a number suchbusiness. Further, incertain cases wherea Form W-9 hasnot been received
lo be issued), the rules under section 1448 require a partnership topresume that a partner isa
2. Certify that you are not subject to backup withholding, or
foreign person, and pay the section 1446 withholding tax. Therefore, if you are a
U.S. person that isa partner in a partnership conducting a trade orbusiness in iha
3. Claim exemptionfrom backup withholding tfyou are a U.S.exempt payee. II United States, provide Form W-9 to the partnership to establish your US status
applicable, you are also certifying that as a U.S. person, your allocable share oF and avoid section 1446 withholding onyour share ofpartnership income
any partnership income trom a U.S. trade or business is not subject to the
Cat. No. 10231X Form W-9 (Rev. 8-2013)
^ W 00102067 V0L=^.J53 PG = 622
Area 361
Tracts 1343 & 1344
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOUARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
CASH WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF RUSK §
That 1, EMMA JEAN TRIMBLE SMITH, hereinafter called Grantor, for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable
consideration paid by LUMINANT MINING COMPANY LLC, a Texas Limited Liability
Company, hereinafter called Grantee, as follows:
CASH, the receipt and sufficiency of which is hereby acknowledged and confessed;
have Bargained, Granted, Sold and Delivered, and by these presents do Bargain, Grant, Sell and
Deliver unto the said Grantee, whose address is 500 N. Akard, Dallas, Texas, 75201, all of my
undivided interest in the following described tracts of land, in Rusk County, Texas, together with all
improvements situated thereon, to-wit;
LUMINANT MINING TRACT 1343 IN AREA 361
All that certain tract lot or parcel of land, a part of the THOMAS WILLIAMS
SURVEY, A-833, Rusk County, Texas, and also being all of that certain called 37.46
acre tract (Tract 4) of land described in a Declaration of Unit dated February 17,
1981, that is recorded in Volume 1301, Page 825 of the Deed Records of Rusk
County, Texas, as shown on the attached Exhibits A & A-l.
LUMINANT MINING TRACT 1344 IN AREA 361
All that certain tract lot or parcel of land, a part of the THOMAS WILLIAMS
SURVEY, A-833, Rusk County, Texas, and also being all of that certain called 65
acre tract of land described in a deed dated November 17,1900, from Ollie Brooks,
et ux, Minnie to W. M. Pollard that is recorded in Volume 51, Page 88 of the Deed
Records of Rusk County, Texas, as shown on the attached Exhibits B & B-1.
Grantor specifically reserves unto herself, and the present record owners, her heirs and
assigns, alloftheoil,gasand liquid hydrocarbons lying in, on, and under theabove described lands
together with the rightof ingress andegress fortherecovery and production of same. However, no
operations fortherecovery ofsuchoil,gasand liquid hydrocarbons shall interfere with Grantee's use
of the subject property. Grantor specifically conveys all thecoal and lignite lying in, on,and under
\W.Sc6* %&"
OO102067 VOL= >n.53 PG = 623
w W
Tracts 1343 and 1344, together with theright ofingress and egress. Thisconveyance issubject toall
existing valid oil, gas and mineral leases,and coal and lignite leasesof recordcovering subject land.
This conveyance is subject to all existing recorded rights-of-way, and easements ofrecord in
the Deed Records of Rusk County, Texas, or those whichhave been acquiredby prescriptive rights.
TO HAVE AND TO HOLD the above described premises, together with all and singular the
rights and appurtenances thereto in anywise belonging unto the said GRANTEE, its successors and
assigns forever, and I do hereby bind myself, my heirs, executors and administrators to warrant and
forever defend, all and singular the said premises unto the said GRANTEE, its successors and
assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part
thereof.
WITNESS MY HAND this 13th day of December, 2010.
>l^»*V»**^»V*V»«IV»%>l»l»»SWWlV
RUSSELL DAVIS
lousy PuUic State of Tok*
W2^ COMM. EXP. 0*05-2012
THE STATE OF TEXAS §
§
COUNTY OF HARRISON §
This instrument was acknowledged before me on the 13th day of December, 2010, by
EMMA JEAN TRIMBLE SMITH.
jg$%$\ RUSSELL DAVIS Notary Public, State of Texas
/*j'lA_'-*t
IVSST'*/ Mola'Ypl*lte3tt,k»<,'1fe*| 00160-21193-01262-000520
Property Legal Description:
Deed Information:
AB 160 D CORTTNAS SUR
1
Volume: 3054
! TU TR NO. 1262 AREA 361
Page: 395
1BARR BESSIE ET AL
File Number: 102200
1
Peed Date: 12/21/2010
i
i
«
Property Location:
CR326
i Block: {
i
Survey / Sub Division Abstract: Section / Lot: j
• Owner Information: •'Property Detail:
] LUMINANT MINING COLLC Property Exempt:
t STATE & LOCAL TAX DEPARTMENT '! Category / SPTB Code: Dl
i
f PO Box 219071 Total Acres: 25.326
(Total Living Sqft: See Detail
Dallas TX 75221 9071 Owner Interest: 1.000000
'] Homestead Exemption:
' Previous Owner: •! Homestead Cap Value: 0
I BARR BESSIE Land Ag / Timber Value: 2,280
' Land Market Value: 35,460
/Improvement Value: 0
Property Market Value: 35,460
Jur Code Jur Name Total Market Homestead Total Exemption Taxable
04 RUSK CO APPR DIST 35,460 0 2,280
05 RUSK COUNTY 35,460 0 2,280
05R RUSK COUNTY SPEC ROAD 35,460 0 2,280
05S COUNTY SCHOOL 35,460 0 2,280
46 HENDERSON l.S.D. 35,460 0 2,280
65 RUSK CO ESD#1 35,460 0 2,280
66 RUSK CO GROUNDWATER CONSV DIST 35,460 0 2,280
Property ID: 1834 Owner: LUMINANT MINING CO LLC
Land Detail
Page 2 of 3
Rusk County Appraisal District -Account #00160-21193-01262-000520
Land Sequence 1
Market Class: RC999
Market Value: 35,460
Acres: 25.326
Ag/Timber Class: ATM3 Ag/Timber Value: 2,280
Land Method: AC
Land Type: M3PR Ag Code: TIM
Land Homesiteable: NO
Rear Foot: N/A
Lot Depth: N/A
Front Foot: N/A
Lot Depth %: N/A Land Square Ft: N/A
Front Ft Avg: N/A
Land Note:
Total Land Value: $35,460
0004-7051 VOL= 2740 FG= 73
AFFIDAVIT OF HEIRSHIP
STATE OF TEXAS §
COUNTY OF RUSK §
Before me, the undersigned authority, onthis day personally appeared Bloys Donaldson, whose
address is 2010 "Winebeny Drive, Katie, Texas 77450, known to me to be a credible person above
the age of 21 years, who byme, duly being sworn, deposes and says to wit:
That his name isBloys Donaldson, that he is presently above the age of 21 years old and that he
is thoroughly familiar with the marital history and heirship ofW. M. Pollard and that he makes
the following statements from his own personal knowledge:
W. M. Pollard was married one time only and then to Emma Pollard. W. M.Pollard died
intestate on October 23, 1967 in Rusk County, Texas. Emma Pollard died intestate onDecember
17, 1975 in Rusk County, Texas. To their union ofmarriage, the following children were bom;
1. Lora Pollard, a daughter, who died intestate in March 2007. Lora Pollard was never
married and had no children.
2. L.ee Pollard, a son. who died intestate onApril 2, 1998. Lee Pollard was never married
and had no children.
3. 1. V. Pollard, a daughter, who died intestate onJuly 18, 1997. I. V. Pollard was never
married and had no children.
4. Rogers Pollard, a son, who died intestate onNovember 10, 2003. Rogers Pollard was
never married and had no children.
5. Audrey Pollard, adaughter, died intestate in August 1962. Audrey Pollard never married
and had no children.
6. Robert Pollard, a son, who died intestate in September 1960. Robert Pollard never
married and had no children.
7. Selia Bell Pollard Trimble, a daughter, who died intestate in 1999. Selia Bell Pollard
Trimble, aka as Selia Bell Pollard Tremble was married one time only and then to Young
Trimble, aka ay Voimg Tremble. Young Trimble died hastate in 1972- To their union of
marriage, the following children were bom:
a. Wilmer Forrest Trimble, aka Wilmer Forrest Tremble, Si\, a son, who died
intestate in 1978. He was married one time only and then to Billie Murphy
Trimble, who is currently living. To their union of marriage, the following
children were born:
1. Wilmer Forrest Trimble, Jr., aka Wilmer Forrest Tremble, Jr., a son,
Q0047051 VOL_= 274-0 PG = 74
who is currently living.
2. Sharon Trimble Donaldson, aka Sharon Tremble Donaldson, a daughter, who is
currently living.
3. Selia Trimble Shawkey, aka Selia Tremble Shawkey, a daughter, who is currently
living.
No otherchildren were bom to or adopted by Wilmer ForrestTrimble, Sr.
b. Emma JeanTrimble Smith, aka Emma Jean Tremble Smith, a daughter, who
is currently living.
c. William Trimble, akaWilliam Tremble, a son, who died in infancy.
d. Alsie Meanor Trimble, aka Alsie Meaner Tremble, a daughter, who died in infancy.
No other children were bom to or adopted by Selia Bell Pollard Trimble.
8. Darrel Pollard, a son, who died intestate in March 2007. Darrel Pollard was married one
time only and then to Faye Pollard. Their marriage ended in divorce prior to the year of
1965. To theirunion of marriage, the following child was born:
a. Sharolyn Pollard Dorodula, a daughter, who is currently living.
No otherchildren were bornto or adopted by Darrel Poliard.
9. Irene Pollard McConnell, a daughter, who died intestate in. 1991. Irene Pollard
McConnell was married one time only and then to William McConnell, who died
intestate in 2002. To the union of their marriage, the following child was bom:
a. Joette McConnell Wallace, a daughter, who died intestate in November 2002.
Joelte McConnell Wallace was married one time only and then to Aaron
Wallace, who died in 2001. Totheir union ofmarriage, the following child was born:
1.Marcia DeniseWallace, an adopted daughter, who is currently living.
No otherchildren were born to or adopted by Joette McConnell Wallace.
No otherchildren were bom to or adopted by Irene Pollard McConnell.
10. Lloyd Pollard, a son, who died intestate in 1998. Lloyd Pollard was married one time
only and then to Ola Mac Pollard. Their marriage ended in divorce prior to the year of
1960. To their union of marriage, the following children were bom:
a. Diane Pollard Johnson, a daughter, who is currently living.
b. Gayle Pollard Geters, who died intestate in June 2005. Gayle Pollard Geters was
married one time only and then to Douglas Geters. Their marriage ended in
divorce prior to the year of 1990. To their union ofmarriage, the following
children were bom:
0004-7051 VOL= 2740 PG =
1. Ivan Geters, a son, who is currently living.
2. Douglas Geters, IV, ason, who is currently living.
No other children were bom to or adopted by Lloyd Pollard.
No other cliildren were bom to or adopted by W. M. Pollard and Emma Pollard.
Further Affiant sayeth not.
Bloys Donaldson, Affiant
STATE OF TEXAS §
COUNTY OF RUSK §
Subcribed and svyo
T^dayofApril,2007by
Bloys Donal
Kalhryn Haajy
Notary Public, State of Texas
AFTER RECORDING,
RETURN TO:
Tom Gredn
1125 JudsonRd., Suite 105
Longview, Texas 75602
STATE OF TEXAS COUNTY OF RUSK FILED FOR RECORD
I hereby certify that this instrunent was filed on
the date and time staged hereon ha m end Apt aQriUUr u.uur
was dub recorded in the volune and page of the
naied records of Rusk Counts, Terns as stowed JOfcE LEWIS, COUNTM
hereon ba ne. ' OFFICIAL PUBLIC RECORDS RUSK COUNTf» TEXAS
Apr 30-2007 12=00P
JOYCE LEWIS- COUNTY CLERK
RUSK. COUNTY r TEXAS
The Uniform Partition of Heirs Property Act (UPHPA) helps to solve the problem
while preserving a co-tenant's right to sell his or her share of property. It is
important to note that the act only applies to heir property- one or more co-
tenants must have received his or her property interest from a relative - and only
when there is no written agreement governing partition among the owners. If
both of those conditions exist, the act requires certain protections when a co-
tenant files for a partition order. The Defendant did not take the appropriate
steps to be compliant with the law.
1. The co-tenant requesting the partition must give notice to all of the other
co-tenants.
2. The court must order an independent appraisal to determine the property's
value; the court must hold a hearing to consider evidence.
3. Any co-tenant (exceptthe co-tenant(s) requesting partition by sale may buy
the interest of the co-tenant seeking partition for a proportional share of
the court - determined fair market value. The co-tenants have 45 days to
exercise their right of first refusal, and if exercised, another 60 days in
which to arrange for financing. If more than one co-tenant elects to buy
the shares of the co-tenant(s) seeking partition, the court will pro-rate the
sellers shares among the buyers according to their existing fractional
ownership percentages.
4. If no co-tenant elects to purchase shares from the co-tenant(s) seeking
partition, the court must order a partition in-kind will result in great
prejudice to the co-tenants as a group. UPHPA specifies the factors a court
must consider when determining whether partition in-kind is appropriate.
5. If partition-in-kind is inappropriate and the court orders a partition-by-sale,
the property must be offered for sale on the open market at a price no
lower than the court determined valued for a reasonable period of time
and in a commercially reasonable manner. Ifan open market sale by sealed
bids or by action would be more economically advantages for the co-
tenants as a group the court may order a sale by one of those methods.
