Boom: IN THE CIRCUIT COURT OF BOONE COUNTY STATE OF MISSOURI In regard to the marriage of: GARY PINKEL, Petitioner, Case No.: I'cQ5r'-'l- I v. I VICKI PINKEL, Respondent. MARITAL SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT entered into on the 17th day of October, 2012, by and between Gary R. Pinkel, hereinafter called "Gary", and Vicki G. Pinkel, hereinafter called "Vicki", together hereinafter called the "Parties". The Parties were married on August 4th, 1973 in Van Wert County, Ohio, and separated on or about January 1st, 2012; The Parties have filed an action in the Circuit Court of Boone County, Missouri, requesting that their marriage be dissolved; and, The Parties have three children born of the marriage: A. Geoff Pinkel B. Erin I-Iendershott C. Blake Pinkel All three children, hereinafter referred to as the "Pinkel Children", are emancipated adults not subject to this action; and, The Parties desire to fully settle all matters between them. Therefore, in light of the above and in consideration of the following, the Parties agree as follows: Page 1 of 12 OCT 172312 U1 CLERK cnacuar azeua aeg 1. This agreement is contingent upon: (1) a Circuit Court of Missouri, upon a proper hearing, entering a decree dissolving the marriage of the Parties; and (2) the Court's determination that this Agreement is fair and not unconscionable. 2. Upon the signing of this Agreement, the Parties shall live separate and apart, as if fully unmarried, free from any interference of any kind by the other. The Parties shall not molest, malign, annoy or trouble the other in any manner. Both Parties hereby agree that they shall not publish in any form or manner any account of the marriage or dissolution of the Parties. 3. PROPERTY T0 GARY: Gary shall keep the property described herein and listed on Exhibit A. Gary shall make all payments to be made in connection with the listed property. If Gary shall fail to make the payments in a timely manner, Gary shall defend and/ or reimburse Vicki, and hold her harmless for all losses (including reasonable attorney's fees) that Vicki sustains as a result of Gra1y's nonpayment. 4. PROPERTY T0 VICKI: Vicki shall keep the property describediherein and listed on Exhibit B. Vicki shall make all payments to be made in connection with the listed property. If Vicki shall fail to make the payments in a timely manner, Vicki shall defend and or reimburse Gary, and hold him harmless for all losses (including reasonable attorney's fees) that Gary sustains as a result of Vicki's nonpayment. 5. DEBTS: The Parties owe no debt and therefore none shall be allocated to either of the Parties. 6. DISCLOSURE OF DEBTS: The Parties represent that they have not incurred any debt or obligation that has not been disclosed to the other for which the other is or may become personally liable, or that could be enforced at any time against any asset presently in the possession of the other or to be received under this Agreement. The Parties shall not incur any such debt or obligation on or after the signing of this Agreement. 7. BANK ACCOUNTS: The Parties have checking accounts, savings accounts and Certificates of Investment at the following banks: A. Boone County National Bank B. Bank of Missouri Page 2 of 12 The Parties hereby agree that the amounts of these accounts change substantially due to salary input and investment output. The Parties hereby agree as follows: i. The Parties will agree on a date for this Separation Agreement. ii. The Parties have agreed herein as to how to divide up all other investment, retirement, Real Estate and vehicle assets. Pursuant to this agreement, the Parties are using the cash available to equalize the asset distribution between Gary and Vicki. iv. The Parties will, on a date they mutually agree to but no later than November 3, 2012, equalize the asset distribution using the current numbers as provided by their investment advisor at Northwestern Mutual and current account balances at the banks listed in paragraph 7, above. V. The Parties agree that they both will need available liquid assets at the time of the signing of this Agreement and they will ensure that both Parties receive a reasonable amount of said asset in the distribution of property. 8. STOCK: The Parties own stock in Apple Inc. Vicki and Gary hereby agree to equally divide said stock between the Parties. The Parties hereby agree that they will delay up to one year any transfer of this asset that may cause an unnecessary tax consequence. 9 . LIFE INSURANCE A. The Parties own the following Northwestern Mutual Whole Life Insurance Policies: i. Policy 18-2 16-068--Vicki Pinkel insured ii. Policy and Vicki Pinkel, co-insured Policy 16-77 1~572--GaIy Pinkel, insured 2 iv. Policy Pinkel, insured v. Policy #15-824-- Pinkel, insured vi. Policy Pinkel, insured B. Vicki shall keep Policy as her separate property. Vicki agrees that she shall always keep the Pinkel Children as the named beneficiaries of this Policy. Page 3 of 12 we C. Gary shall keep all other Northwestern Mutual Whole Life Insurance Policies listed above as his separate property. Gary agrees that he shall: i. not reduce their death benefit without prior approval of the Court or the consent of Vicki; and, ii. always keep the Pinkel Children as the named beneficiaries of the life insurance component of these policies, subject to 9D, below. D. Gary shall designate Vicki as the primary beneficiary for $1,000,000 worth of death benefits from the Northwestern Mutual Whole Life Insurance Policies in his possession and provide Vicki proof that he has done so. 10. RETIREMENT ACCOUNTS: A. The Parties own the following Retirement Accounts: i. TIAA-CREF Retirement Investments Assets: a. TIAA Traditional b. CREF Growth c. CREF Stock d. CREF Equity Index e. CREF Global Equities f. TIAA Real Estate g. CREF Bond Market ii. Northwestern Mutual Retirement Assets: a. Annuity (X2) b. IRA University of Missouri Retirement Plans: a. Gary's 457 deferred compensation plan b. Gary's 40l(a) retirement savings plan iv. Gary's University of Missouri Pension Plan V. Gary's Ohio Public Employee Retirement Plan B. The Parties agree that Vicki shall take as her property the following retirement assets: Page 4 of 12 l. TIAA--CREF ii. Northwestern Mutual Annuity Northwest Mutual nu iv. university of Missouri 457 plan v. ohio Public Employee Retirement Plan c. The Parties agree that Gary shall take as his property the following retirement assets: i. University of Missouri 4011a) plaii xi University of Missouri Pension 11. GRANDCHILDREN COLLEGE FUNDS: The Parties have certain investment accounts designated for the college funds of their multiple grandchildren. The Parties agree that Vicki shall be the administrator of this account. The Parties also agree that they shall remain jolnt owners or these accounts arid, although either may make a deposit, neither shall be entitled to withdraw any riionies noi use them for any other purpose except for that stated above, without the consent of the other Party. 12. REAL ESTATE: A. The Parties own the following Real Estate" i. ceiuinoia, Missouri ii -- Columbia, Missouri T, Bonita springs, Florida iv. Lake Ozark, Missouri v. Lake Ozark, Missouri E. The parties agree that Vicki shall take and own as her separate property the Real Estate located at -- Columbia, Missouri. Vicki will own this property solely and absolutely, and may keep or dispose of this property in any manner she deems lit without interference from Gary. C. The Parties agree that Gary shall take and own as his separate property the Real Estate located at coluniliia, Gary will OWTJ as may as or dispose of this property in any manner he deems (it without interference from Vacki. D4 The Parties agree that Gan: shall take the folluvving Real Estate, hereinafter referred to as the "Set-Aside Real Estate": Page 5 or 12 tfi/Z i. -- Bonita Springs, Florida ii. -- Lake ozark, Missouri in Lake ozark, Missouri E. Gary shall own the set Aside Real Estate (or Real Estate substantially similar in nature and value), subject to the following conditions. i. Gaxy shall continue to pay all taxes, fees, mortgages, insurance and any encumbrances; ii Gary shall execute paperwork (or create a business entity or trust) to transfer the Set Aside Real Estate to the Pirlkel Children, equally, per stirpes, upon his death; Cvaxy shall be entitled to transfer the Set Aside Rea] Estate to the Pinkel children at any time, but will continue to pay all that is listed in item iv. Gary shall be entitled to exchange the above-described Real Estate for other Real Estate of similar nature. The Parties agree that the Set Aside Real Estate is used primarily as family vacation V. In the event that Gary shall ever sell the Set Aside Real Estate without replacing it with like Real Estate, he shall split any proceeds from the sale equally with Vicki. Vi. Both Gary and Vicki shall have the right to use the Set-Aside Real Estate. Gary and Vicki shall discuss the use of the Set--Aside Property and attempt to come up with an amicable split as to its use In the event they are unable to agree, they shall use the following restrictions to determine its use: a. The Party using the Set--Aside Property shall have exclusive use of the entirety or the Property during their time of use. Thereiore, whichever Party is using the property in Florida shall have exclusive use of the entirety of the Set--Aside Property in Florida. Whichever Party is using the property at the Lake of the Ozarks shall have exclusive use of the entirety of the Set-Aside Property at the Lake of the Ozarks; b. Either Party will notify the other Party of their desire to use a particular piece of the Set--Aside Proyezty no later than 21 days before their intended use; c. If neither Party has made a request to use the Property to the other and therefore the Property has not been reserved [Or use, either paity may use the Property by notifying the other of their intent to use without the need for advance notice; Page 5 at )2 <