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$50,000.00 Guaranteed lump sum, payable 2/18/2050 (age 35); <br />$75,000.00 Guaranteed lump sum, payable 2/18/2055 (age 40); <br />$401,000.00 Guaranteed lump sum, payable 2/18/2060 (age 45). <br />The periodic payment obligation set forth above will be funded by a payment [or at a cost on of <br />$307,692.04 in a check made payable to BHG Structured Settlements, Inc. <br />The Parties agree that the Defendant may make a qualified assignment as defined in <br />section 130(c) of the Internal Revenue Code to BHG Structured Settlements, Inc. (the <br />"Assignee") of the Defendant's liability to make the periodic payments set forth in section 2.2. <br />Any such assignment, if made, shall be accepted by either Plaintiff without right of rejection and <br />shall completely release and discharge the Defendant from the liability that is assigned to the <br />Assignee. Plaintiff recognizes that, in the event of such an assignment, the Assignee shall be the <br />sole obligor with respect to the liability assigned, and that all other releases of the Defendant <br />shall thereupon become final, irrevocable and absolute. <br />If the liability to make the periodic payments is assigned, then Plaintiff understands and <br />agrees that (i) the periodic payments set forth in section 2.2 cannot be accelerated, deferred, <br />increased or decreased by the recipient of such payments, (ii) the Assignee's obligation on <br />account of the periodic payments set forth in section 2.2 is no greater than the obligation of the <br />Defendant or insurer of the Defendant that are assigning the liability, and (iii) the rights of <br />Plaintiff against the Assignee are solely the rights of a secured creditor of the Assignee. The <br />Defendant and/or the Assignee shall not segregate or set aside any assets to fund the periodic <br />payments set forth in section 2.2. Execution by the Parties of the assignment will absolutely and <br />completely discharge Defendant from any further payment obligation. If the Assignee, and/or <br />Annuity Issuer of the contract purchased by Assignee to make the payment obligation specified <br />in section 2.2, fails to make payments or becomes insolvent or bankrupt, the sole remedy of <br />Plaintiff or his beneficiary, heirs or representatives to enforce payment obligations assigned shall <br />be against Assignee, guarantor and/or responsible party other than Defendant. Defendant will <br />have no further obligations upon payment to the designated Assignee and/or Annuity Issuer and <br />full execution of the Qualified Assignment and Release document. <br />2.3 The Defendant or Assignee reserves the right to provide for the periodic payments <br />set forth in section 2.2 of this agreement by purchasing an annuity policy from Berkshire <br />Hathaway Life Insurance Company of Nebraska ("Annuity Issuer"). The Assignee shall be the <br />owner of any such annuity policy. Neither the Plaintiff nor any payee set forth in this agreement <br />shall have any incidents of ownership of that annuity. The Assignee may, for its convenience, <br />direct the annuity issuer to mail periodic payments directly to the Plaintiff. While the periodic <br />payments are being made, the Plaintiff shall provide to and maintain for the Assignee a current <br />mailing address. <br />2.4. Plaintiff's Beneficiary. During the period of minority, Plaintiff's estate shall be <br />the sole beneficiary. At the age of majority, Plaintiff may designate, in writing, his beneficiary. <br />Neither such designation, nor any revocation thereof, shall be effective unless it is in writing and <br />31 <br />