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2. That the Defendant, HAZEN KREIS, shall first post a
good and sufficient bond, in the amount of five hundred thousand
dollars ($500,000.00), to be approved by this Court, conditioned ta
pay to the Plaintiff, ROBERT A. EPPERSON, all damages, costs and
tees, if any, which may be lawfully adjudged to be due to him upon
the final determination of the issues and the termination of the
above-styled action by judgment.
3. That, in the event that the posting of said bond shall
present a problem to the Defendant, HAZEN KREIS, said Defendant
may, in lieu thereof, place in escrow, subject to the approval of
this Court, United States Treasury Bonds or Notes, cash or other
intangible properties or proceeds, having a present market value
of five hundred thousand dollars (500,000.00) or more-, pledged to
secure the payment to the Plaintiff, ROBERT A. EPPERSON, of all
damages, costs and fees, if any, which may be lawfully adjudged to
be due to him upon the final determination of the issues and the
termination of the above-styled action by judgment.
4. That, in the event that posting of said bond or the
placing in escrow of said properties shall present a problem to
the Defendant, HAZEN KREIS, said Defendant may, after notice,
bring these matters before this Court, for further consideration.
by a proper motion.
5. That this Court reserves the right, in its judicial
discretion, to cancel and set aside the bond hereinabove provided
and to cancel and set aside any escrow agreement or pledge of
property hereinabove provided, prior to the final determination of
the issues herein and the entry of a final judgment, in the event
that the evidence and proof adduced in this action establishes and
.
shows that such collateral security for the Plaintiff, ROBERT A.
EPPERSON, is not necessary nor required, that there has been no
fraud involved in the consideration for the quit-claim deed from
the Plaintiff, ROBERT A. EPPERSON, tv the Defendant, HAZEN KREIS,
dated June 5, 1979, or that other lawful reasons exist for such
action by the Court.
s~348 PA~E21i1
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