Filing# 137656572 E-Filed 11/01/2021 03:23:12 PM

IN THE CIRCUIT COURT OF THE 15TH

WDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION: AH

CASE NO. 50-2016-CA-009292-XXXX-MB

FIRST AMERICAN BANK, as successor

by merger to Bank of Coral Gables, LLC,

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Plaintiff,
vs.

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LAURENCE S. SCHNEIDER,

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STEPHANIE L. SCHNEIDER, et al.,

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Defendants.
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FIRST AMERICAN BANK'S MOTION TO

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COMMENCE PROCEEDINGS SUPPLEMENTARY
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Plaintiff, First American Bank ("First American"), pursuant Fla. Stat. § 56.29,
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respectfully moves the Court for proceedings supplementary. In support, First American states as

follows:
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1. On September 22, 2020, this Court entered a Final Judgment ("Judgment") in

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favor of First American and ordered Defendants, Laurence Schneider and Stephanie Schneider

("Judgment Debtors") to pay First American $1,547,391.54, which bears interest at 6.03% per
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year. A copy of the Judgment is attached as Exhibit A.

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2. The Judgment allowed for its immediate execution, including the language "for

which let execution issue." Execution is valid and outstanding.

3. On September 28, 2021, the Clerk of this Court issued a Writ of Execution (the

"Writ of Execution"). A copy of the Writ of Execution is attached as Exhibit B.

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MELAND I BUDWICK
3200 SOUTHEAST FINANCIAL CENTER I 200 SOUTH BISCAYNE BOULEVARD I MIAMI, FL 33131 IT 305-358-6363
l<** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 11/01/2021 03:23:12 PM***
 4. As of the date of this Motion, the full Judgment remains due and unsatisfied (and

interest, attorneys' fees, and costs, which will be added to the Judgment, continue to accrue). An

affidavit as required by Fla. Stat. § 56.29(1) is attached as Exhibit C.

5. Upon information and belief, the Judgment Debtors have concealed or transferred

money or property subject to execution, which actions are one subject of ongoing post-judgment

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discovery.

MEMORANDUM OF LAW

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Florida law is clear that the only requirement to initiate proceedings supplementary is the

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filing of a motion and affidavit alleging that there is an unsatisfied judgment or judgment lien.

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The statutory requirements are codified in Florida Statute § 56.29(1), which provides as follows:

When any person or entity holds an unsatisfied judgment or judgment lien

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obtained under chapter 55, the judgment holder or judgment lienholder may file
an affidavit so stating, identifying, if applicable, the issuing court, the case
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number, and the unsatisfied amount of the judgment or judgment lien, including
accrued costs and interest, and stating that the execution is valid and outstanding,
and thereupon the judgment holder or judgment lienholder is entitled to these
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proceedings supplementary to execution.

The only prerequisite for the initiation of proceedings supplementary is compliance with
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the statutory prerequisites of §56.29(1) by filing an affidavit stating that a judgment lien is valid
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and outstanding. See Longo v. Associated Limousine Svcs, Inc., 236 So. 3d 1115, 1119 (Fla. 4th
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DCA 2018) (where the judgment creditor's motion and affidavit satisfied the requirements of
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section 56.29(1), Florida Statutes, it was error for the trial court to deny proceedings
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supplementary); Biloxi Casino Corp. v. Wolf, 900 So. 2d 734 (Fla. 4th DCA 2005) ("Appellant

filed an affidavit stating that the judgment remains unsatisfied. Appellant is entitled to

proceedings supplementary pursuant to section 56.29, Florida Statutes.").

MELAND I BUDWICK
3200 SOUTHEAST FINANCIAL CENTER I 200 SOUTH BISCAYNE BOULEVARD I MIAMI, FL 33131 IT 305-358-6363
 Once the "judgment creditor ma[kes] the required statutory showing, the trial court ha[ s]

no discretion to deny the application" for proceedings supplementary. NTS Fart Lauderdale

Office Joint Venture v. Serchay, 710 So. 2d 1027, 1028 (Fla. 4th DCA 1998). The statutory

proceeding provides "a useful, efficacious, and salutary remedy at law enabling the judgment

creditor not only to discover assets which may be subject to his judgment, but to subject them

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thereto by a speedy and direct proceeding in the same court in which the judgment was

recovered." Regent Bankv. Woodcox, 636 So. 2d 885, 886 (Fla. 4th DCA 1994) (internal citation

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and quotation marks omitted) (italics in original).

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The issue of impleading third parties into the proceedings is separate from the issue of a

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judgment creditor's entitlement to proceedings supplementary. Longo v. Associated Limousine,

236 So. 3d at 1119. In addition to all other post-judgment discovery a judgment creditor may
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pursue as permitted by the Florida Rules of Civil Procedure, Fla. Stat. § 56.30 allows for the
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examination of the judgment debtor before this Court or other general or special magistrate
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before the issuance of any notice to appear to any third parties. Id.; Fla. Stat. § 56.30(1). The

supplemental affidavit required by § 56.29(2), describing any non-exempt property of a

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judgment debtor subject to execution in the hands of any third parties, may be filed after the
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supplementary proceeding has been initiated and other post-judgment discovery has taken place
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in order to obtain issuance of a notice of appear to those third parties. Id. Here, as post-judgment
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discovery remains ongoing, First American reserves the right to implead third parties at a later
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time by filing a motion and supplemental affidavit as required by § 56.29(2).

Accordingly, First American has made complied with the statutory mandates of §

56.29(1 ), and proceedings supplementary should be initiated immediately.

MELAND I BUDWICK
3200 SOUTHEAST FINANCIAL CENTER I 200 SOUTH BISCAYNE BOULEVARD I MIAMI, FL 33131 IT 305-358-6363
 WHEREFORE, First American respectfully requests that the Court enter an Order

initiating proceedings supplementary pursuant to Fla. Stat. § 56.29, and granting such additional

relief as the Court deems just and appropriate.

CERTIFICATE OF SERVICE

I CERTIFY that the foregoing document has been furnished to all registered users via the

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Florida Courts e-Filing Portal on November 1, 2021.

s/ Meaghan E. Murphy

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Meaghan E. Murphy, Esquire
Florida Bar No. 102770

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mmurphy@melandbudwick.com
MELAND BUDWICK, P.A.

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200 South Biscayne Boulevard, Suite 3200
Miami, Florida 33131
Telephone: (305) 358-6363
Facsimile: (305) 358-1221
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Counsel for Plaintiff
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Email Designation per Fla. R. Jud.

Admin2.516
mmurphy@melandbudwick.com
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mramos@melandbudwick.com
mrbstate@yahoo.com
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MELAND I BUDWICK
3200 SOUTHEAST FINANCIAL CENTER I 200 SOUTH BISCAYNE BOULEVARD I MIAMI, FL 33131 IT 305-358-6363
 CFN 20200357886
Filing# 113749101 E-Filed 09/22/2020 11:30:53 AM OR BK 31773 PG 704
RECORDED 09/24/2020 11 03:56
Palm Beach County, Florida
AMT
JN THE CIRCUIT COURT OF Sharon R Bock
THE FIFTEENTH JUDICIAL CIRCUIT CLERK & COMPTROLLER
JN AND FOR PALM BEACH COUNTY, FLORfl'Ii}~704-0706; (3Pgs)

CASE NO.: 502016-CA-009292

DMSION AH

FIRST AMERICAN BANK, as

successor by merger to Bank of
Coral Gables, LLC,

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Plaintiff,

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v.

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LAURENCE S. SCHNEIDER,
STEPHANIE L. SCHNEIDER, et al.,

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Defendants.
__________ ! FI
FINAL JUDGMENT
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THIS ACTION came before the Court upon Plaintiff's, First American Bank, Motion for

Deficiency Judgment bearing a Certificate of Service dated August 27, 2020 [DE 533], the
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Amended Final Judgment of Foreclosure (Supplemental Judgment) dated February 26, 2020 [DE

384], the Certificate of Sale dated August 3, 2020 [DE 519], and the Certificate of Title dated
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August 17, 2020 [DE 525]. Accordingly, this Cotui having granted the Motion for Deficiency

Judgment by Order dated September 21, 2020, hereby enters this Final Judgment, whereby it is
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ORDERED AND ADJUDGED THAT:

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1. Judgment is GRANTED in favor of Plaintiff, FIRST AMERICAN BANK, and against

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Defendants, LAURENCE SCHNEIDER and STEPHANIE SCHNEIDER, jointly and

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severally.

2.Plaintiff, FIRST AMERICAN BANK, 540 Biltmore Way, Coral Gables, Florida

33134, shall recover from Defendants, LAURENCE SCHNEIDER, 17685 Circle Pond

Court, Boca Raton, Florida 33496-1002, Social Security No.: , and

STEPHANIE SCHNEIDER, 17685 Circle Pond Court, Boca Raton, Florida 33496-

Page 1 of3

FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 09/22/2020 11 :30:53 AM EXHIBIT A
 CFN 20200357886
BOOK 31773 PAGE 705
Case No.50-2016-CA-009292-X XXX-MB 2 OF 3

1002, Social Security No.: the sum of $1,547,391.54, for which let

execution issue.

3. The Total Amount Due due shall bear interest at the rate of 6.03% per year.

4. The Corni previously determined that Plaintiff, FIRST AMERICAN BANK, is entitled

to reasonable attorneys' fees, costs, and expenses incurred in connection with this action.

Accordingly, the Court retains jurisdiction to determine the total amounts of attorneys' fees,

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costs, and expenses to which Plaintiff is further entitled, to enter further orders that are proper,

and to supplement the final deficiency judgment as appropriate.

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DONE AND ORDERED in Chambers in Palm Beach County, Florida.

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50-2ol6:cA-oo9292~XXXX-MB 09/22/2020
Samantha Schosberg Feuer
Judge
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Copies furnished to:
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Jolm W. Keller, lll. Esq.

Keller & Mesa, LLP
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Attorneys for First American Bank

121 Majorca Avenue, #200
Coral Gables, FL 33134
Email:jkeller@kellerbolz.com
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Laurence S. Schneider
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Defendant
17685 Circle Pond Court
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Boca Raton, FL 33496

Email: larry@sacapitalpartners.com
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Stephanie L. Schneider
Defendant
17685 Circle Pond Court
Boca Raton, FL 33496
Email: steffschneider13@gmail.co m

Page 2 of3
 CFN 20200357886
BOOK 31773 PAGE 706
Case No.50-2016-CA-009292-XXXX-MB 3 OF 3

Aleksandra Novakovich Gonzalez, Esq.

Sachs, Sax, Caplan
Attorneys for The Oaks at Boca Raton Property Owners' Association, lnc.
6111 Broken Sound Parkway, N.W., #200,
Boca Raton, FL 33487
Email: agonzalez@ssclawfirm.com

Geoffrey M. Cahen, Esq.

CahenLaw, P.A.,
Attorneys for It's AN ew Day Corporation,
Real Estate & Finance, Inc., S&A
Capital Partners, Inc. Mortgage
Resolution Servicing, LLC and

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1' 1 Fidelity Loan Servicing, LLC
1900 Glades Road, Suite 270
Boca Raton, FL 3343 IEmail: geoff@cahenlaw.com

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d--- ~~ Page 3 of3

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I hereby certify the foregoing is a true copy of the record in my office

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with reda,etions, if any as required by law as of this day, Sep 22, 2021.
Joseph er , P, Beach County, Florida.
BY --,1.t:lt!::.1!!:~~~L f/_f!J_~~~1L_==:-oeputy Clerk
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 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIALCIRCUIT IN AND
FOR PALM BEACHCOUNTY, FLORIDA

CIRCUIT CIVIL DIVISION

CASE NO: 50-2016-CA-009292-XXXX-MB

FIRST AMERICAN BANK, as successor by

merger to Bauk of Coral Gables, LLC
Plaintiff EXECUTION
V.

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LAURENCE S SCHNEIDER, STEPHANIE
L. SCHNEIDER, et al.,
Defendauts

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THE STATE OF FLORIDA:

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To Each sheriff of the State:

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YOU ARE COMMANDED to levy on the property subject to execution of STEPHANIE L SCHNEIDER in the sum of $1,547,391.54 with interest at 6.03% a
year from September 22, 2020 until paid, and to have this writ before the Court when satisfied.
DATED on 28th of September, 2021
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JOSEPH ABRUZZO
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Clerk of the Circuit Court & Comptroller

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By: ·- - _. -- . .
Lincoln, Shelia D as Deputy Clerk
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cc: Meaghan E. Mmphy, Esq

3200 Southeast Financial Center
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200 S Biscayne Blvd

Miami, FL 33131
* Subject to interest rate adjustments pursuant to Florida Statute 55.03
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NOTE: Rates of interest as set by Comptroller are as follows:

1994 - 12% 2003 - 06% 01/01/2010 to 09/30/2011 06% 01/01/2018 to 03/31/2018 - 5.53%
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1995 - 08% 2004 - 07% 10/01/2011 to 03/31/2016 - 4.75% 04/01/2018 to 06/30/2018 - 5.72%
1996 - 10% 2005 - 07% 04/01/2016 to 06/30/2016 - 4.78% 07/01/2018 to 09/30/2018 - 5.97%
1997 - 10% 2006 - 09% 07/01/2016 to 09/30/2016 - 4.84% 10/01/2018 to 12/31/2018 - 6.09%
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1998- 10% 2007- 11% 10/0l/2016tol2/3l/2016- 4.91% 01/01/2019 to 03/31/2019 - 6.33%

1999- 10% 2008- 11% 0l/0l/2017to03/3l/2017- 4.97% 04/01/2019 to 06/30/2019 - 6.57%
2000- 10% 2009- 08% 04/0l/2017to06/30/2017- 5.05% 07/01/2019 to 09/30/2019- 6.77%
2001- 11% 2009- 06% 07/0l/2017to09/30/2017- 5.17% 10/01/2019 to 12/31/2019- 6.89%
2002- 09% 2010- 06% 10/0l/2017to 12/31/2017- 5.35% 01/01/2020 to 03/31/2020- 6.83%
04/01/2020 to 06/30/2020- 6.66%
07/01/2020 to 09/30/2020- 6.03%
10/01/2020 to 12/31/2020- 5.37%
01/01/2021 to 03/31/2021- 4.81%
04/01/2021 to 06/30/2021- 4.31%
07/01/2021 to present 4.25%

FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/28/2021 01:39:44 PM

EXHIBIT B
 IN THE CIRCUIT COURT OF THE 15TH
WDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION: AH

CASE NO. 50-2016-CA-009292-XXXX-MB

FIRST AMERICAN BANK, as successor

by merger to Bank of Coral Gables, LLC,

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Plaintiff,
vs.
LAURENCE S. SCHNEIDER,

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STEPHANIE L. SCHNEIDER, et al.,
Defendants.

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JUDGMENT CREDITOR'S AFFIDAVIT PURSUANT TO FLA. STAT.§ 56.29(1)

STATE OF ILLINOIS )
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) ss
COUNTY OF DUPAGE )
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BEFORE ME, the undersigned authority duly qualified to take acknowledgments in the
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state aforesaid, personally appeared Joe Resler, who, being first duly sworn, deposes and says

1. I am the Senior Vice President of First American Bank ("First American"), as

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successor by merger to Bank of Coral Gables, LLC, Plaintiff and judgment creditor in this
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matter. I have personal knowledge of the facts in this affidavit and am authorized to make this

affidavit on behalf of First American.

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2. I make this affidavit m support of First American's Motion to Commence

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Proceedings Supplementary (the "Motion").

3. On September 22, 2020, this Court entered a Final Judgment ("Judgment") in

favor of First American and ordered Defendants, Laurence Schneider and Stephanie Schneider

EXHIBIT C
("Judgment Debtors") to pay First American $1,547,391.54, which bears interest at 6.03% per

year. A copy of the Judgment is attached to the Motion as Exhibit A.

4. The Judgment allowed for its immediate execution, including the language "for

which let execution issue." Execution is valid and outstanding.

5. As of the date of this Motion, the full Judgment remains due and unsatisfied.

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Interest, attorneys' fees, and costs, continue to accrue on the Judgment.

FURTHER AFFIANT SAYETH NAUGHT.

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Print na : Joe Resler

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Title: Senior Vice President

Sworn to (or affirmed) and__subscribed before me by means o~hysical presence or □ online

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notarization, on \ 0 ·Z~ , 2021, by _ _ _ _ _ _ _ _ who:
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is personally known to me;

□ produced a current driver's license as identification; or
□ produced _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ as identification.
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OFFICIAL SEAL s~----

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DONNA LBARTOLI
NQTARY PUBLIC, STATE OF ILLINOIS
MV CQMMliSION SXPl~ES: 9126/2025 ~DC?t-,,..)1--..)f\ BY:\~-tbcr,
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Printed Name of Notary

My Commission Expires: q J~/ 2-C>L <:>-
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