WHEREAS, Husband and Wife were married to each other on August 20, 1994 at New Braunfels, Texas, County of Comal.

            WHEREAS, a permanent breakdown of the marriage has arisen between us and we are now living separate and apart from each other as husband and wife; and

             WHEREAS, the wife is not now pregnant and no children were born or adopted into our marriage; and

            WHEREAS, it is the further purpose of this Agreement to provide for the future marital affairs with respect to property and financial matters.

             NOW, THEREFORE, in consideration of the premises and the mutual promises and undertakings herein contained, and for other good and valuable consideration, the parties agree to the following:

I.           SEPARATION:

             The parties agree to permanently live separate and apart from the other party, free from any control, restraint, or interference, direct or indirect, by the other party, and in all respects to live as if he or she were sole and unmarried.

II.           DIVISION OF PROPERTY:

 1.           Husband transfers to Wife as her sole and separate property the following:

 (a) Sony Hi8 Stereo Camcorder - Approximate value: $500.00
(b) 1996 Pontaic Sunfire - Approximate value: $10,000.00
(c) JVC VCR - Approximate value: $200.00
(d) large tv - Approximate value: $400.00
(e) treadmill - Approximate value: $50.00
(f) humidifier - Approximate value: $20.00
(g) air cleaner - Approximate value: $50.00
(h) book shelf - Approximate value: $20.00
(i) lamps - Approximate value: $10.00
(j) twin bed - Approximate value: $150.00
(k) answer machine - Approximate value: $30.00
(l) white phones - Approximate value: $30.00
(m) weights - Approximate value: $10.00
(n) coffee table - Approximate value: $10.00
(o) vases - Approximate value: $100.00
(p) picture frames - Approximate value: $50.00

 2.           Wife transfers to Husband as his sole and separate property the following:

 (a) mower - Approximate value: $200.00
(b) refrigerator - Approximate value: $800.00
(c) washer and dryer - Approximate value: $1,000.00
(d) king bed - Approximate value: $1,000.00
(e) twin bed - Approximate value: $150.00
(f) sofa - Approximate value: $100.00
(g) stereo - Approximate value: $1,000.00
(h) small tv - Approximate value: $100.00
(i) dehumidifier - Approximate value: $200.00
(j) drill - Approximate value: $40.00
(k) microwave - Approximate value: $100.00
(l) bread machine - Approximate value: $75.00
(m) kitchen table - Approximate value: $120.00
(n) computer desk - Approximate value: $30.00
(o) computer printer - Approximate value: $250.00
(p) Lawn edger - Approximate value: $20.00
(q) Hoover vacuuum - Approximate value: $100.00
(r) coordless phone - Approximate value: $65.00
(s) kitchen rug - Approximate value: $50.00
(t) night stand - Approximate value: $15.00
(u) silverware and case - Approximate value: $500.00
(v) wedding china - Approximate value: $805.00
(w) silver candles - Approximate value: $50.00
(x) crystal glasses - Approximate value: $336.00
(y) rice steamer - Approximate value: $20.00

 III.           DIVISION OF DEBTS:

1.           Husband shall pay the following debts and will not at any time hold Wife responsible for them, and shall indemnify Wife from any liability on same:

(a) House mortgage - Approximate balance $112,000.00

2.           Husband and Wife agree that the Wife has no outstanding debt obligation as a result of this marriage

IV.           ALIMONY:

             Both parties hereby agree to waive any rights or claims that either may now have or in the future to receive alimony, maintenance, or spousal support from each other. Both parties understand the full import of this provision.

 V.           NECESSARY DOCUMENTS:

             The parties agree to execute and deliver to the other party any documents that may be reasonably required to accomplish the intention of this instrument and shall do all other necessary things to this end.

 VI.           INCOME TAX:

             For the tax year 1997, the parties agree to file a joint income tax return and equally share in the refund or taxes due.

            For the tax year 1998, the parties hereto shall file separate income tax returns. Each party hereto shall receive the refund or pay additional taxes based on his or her separate income.

 VII.         SUBSEQUENT DISSOLUTION OF MARRIAGE:

             It is that this Agreement may be offered into evidence by either party in any dissolution of marriage proceeding, and if acceptable to the Court, this Agreement shall be incorporated by reference in any Final Judgment that may be rendered. However, notwithstanding incorporation in the Final Judgment, this Agreement shall not be merged in it but shall survive the Final Judgment and be binding on the parties for all times.

 VIII.         CHANGE OF NAME:

            The parties agree that the Wife may have her name changed or restored to: Jennifer Patton.

 IX.       REPRESENTATION:

    The parties represent to each other:

 

(a)	Each had the right to independent counsel. Each party fully understands their legal rights and each is signing this Agreement freely and voluntarily, intending to be bound by it.
(b)	Each has made a full disclosure to the other of his or her current financial condition.
(c)	Each understands and agrees that this Agreement is intended to be the full and entire contract of the parties.
(d)	Each agrees that this Agreement and each provision of it is expressly made binding upon the heirs, assigns, executors, administrators, successors in interest and representatives of each party.

 

             No Waiver of any breach by any party of the terms of this Agreement shall be deemed a waiver of any subsequent breach.

 XI.           ENFORCEMENT OF AGREEMENT:

             Both parties agree that the Court granting the divorce, at the request of either part, insert in the Final Judgment a reservation of jurisdiction for the purpose of compelling either party to perform this Agreement, or any part thereof. The prevailing party shall be entitled to attorney's fees in connection with such proceedings.

 XII.           GOVERNING LAW:

             This Agreement shall be interpreted and governed by the laws of the State of New York.