STIPULATION TO AMEND ORDER TO STAY EXECUTION OF JUDGMENT WITHOUT BOND STIPULATION

HAYWOOD S. GILLIAM, Jr., District Judge.

STIPULATION

This Stipulation to Amend Order to Stay Execution of Judgment Without Bond ("Amended Stipulation") is hereby entered by and between the Plaintiff the Board of Trustees of the Ken Lusby Clerks & Lumber Handlers Pension Fund ("Pension Fund") and Defendant Wendy Oliver, individually and as Trustee of the Oliver Family Trust ("Oliver"), through their respective counsel, based on the following:

A. On October 15, 2015, the Court entered a Stipulation and Order to Stay Execution of Judgment Without Bond ("Order") in the above-referenced case.

B. The Order provided, among other things, that Oliver shall be "prohibited and enjoined from making any payments or withdrawals from, making any transfer with respect to, hypothecating, encumbering or granting any lien, security interest or other interest in any and all the following, the first of three which are referenced in Paragraph 3 of the Oliver Declaration: "(a) the retirement accounts and annuities totaling approximately $303,000 . . ." (See Paragraph 4 of the Order).

c. It has come to Oliver's attention that under applicable law and in order to prevent tax penalties, she is required to receive certain annual distributions from three (3) IRA's that are subject to the injunction in Paragraph 4 of the Order. Those IRA's are located at Morgan Stanley, and the required distribution amounts for 2015 are as follows (hereafter referred to as "Subject IRAs"):

Additional required distribution amounts will occur annually.

D. ·The parties have agreed that Oliver be authorized to direct the distributions referenced inC, above, of the subject IRAs, and deposit all ofthe distributed funds into Oliver's non-retirement account no. xx4-xx845-901 located at Morgan Stanley, subject to the terms and conditions in Paragraph 4 of the Order.

AMENDED ORDER

The Order is hereby amended to add the following paragraph 12 to the end of the Order:

12. Oliver represents that under applicable law and in order to prevent tax penalties, she is required to receive certain annual distributions from three (3) IRA's that are subject to the injunction in Paragraph 4 of the Order. Those IRA's are located at Morgan Stanley, and the required distribution amounts for 2015 are as follows (hereafter referred to as "Subject IRAs"):

Oliver is authorized to direct the distributions referenced herein of the subject IRAs, and deposit all of the distributed funds into Oliver's non-retirement account no. xx4-xx845-901 located at Morgan Stanley, subject to the terms and conditions in Paragraph 4 of the Order.

IT IS SO STIPULATED.

IT IS SO ORDERED.