Case AJC Doc 166 Filed 05/07/18 Page 1 of 31 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

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1 Case AJC Doc 166 Filed 05/07/18 Page 1 of 31 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION IN RE: PROVIDENCE FINANCIAL INVESTMENTS INC. and PROVIDENCE FIXED INCOME FUND, LLC Case No AJC Case No AJC Chapter 7 (Jointly Administered) Debtors. NOTICE OF FILING EXECUTED SETTLEMENT AGREEMENTS IN SUPPORT OF TRUSTEE'S OMNIBUS MOTION TO COMPROMISE CONTROVERSY WITH (1) DEFENDANTS JOHN ABIO AND ABIO FINANCIAL GROUP, INC. (ADV. NO AJC ) AND (2) DEFENDANT AMANDA FRANCIS (ADV. NO AJC) 1ECF NO Maria Yip, the Chapter 7 Trustee (the "Trustee"), for the bankruptcy estate of Providence Financial Investments, Inc. ("Providence Financial") and Providence Fixed Income Fund, LLC ("Providence Fixed") (collectively, the "Providence Debtors"), through undersigned counsel hereby files the following documents in support of the Trustee's Omnibus Motion to Compromise Controversy with (1) Defendants John Abio and Abio Financial Group, Inc. (Adv. No AJC) and (2) Defendant Amanda Francis (Adv. No AJC) [ECF No. 155]; (I) The executed Settlement Agreement Between the Trustee and Defendant Amanda Francis is attached as Exhibit 1; and (2) The executed Settlement Agreement Between the Trustee and Defendants John Abio and Abio Financial Group, Inc. is attached as Exhibit 2. Dated: May 7, 2018 Respectfully submitted, By: /s/ Luis R. Casas Eyal Berger, Esq. Florida Bar Number: eyal.berger@akerman.com Luis R. Casas, Esq. Florida Bar Number: luis.casasmeyer@akerman.com ;1 AKERMAN SENTERFITT, 350 EAST LAS OLAS BOULEVARD, SUITE 1600, FORT LAUDERDALE, FL 33301

2 Case AJC Doc 166 Filed 05/07/18 Page 2 of 31 AKERMAN LLP 350 East Las Olas Blvd., Suite 1600 Fort Lauderdale, FL Phone: / Fax: CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 7, 2018, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day by transmission of Notices of Electronic Filing generated by CM/ECF to those parties registered to receive electronic notices of filing in this case as listed in the Service List below. By: /s/ Luis R. Casas Luis R. Casas, Esq. SERVICE LIST AJC and AJC Notice will be electronically mailed to: Eyal Berger, Esq. on behalf of Trustee Maria Yip eyal.berger@akerman.com, jeanette.martinez@akerman.com Luis R Casas on behalf of Plaintiff Maria Yip luis.casasmeyer@akerman.com, janet.salinas@akerman.com Luis R Casas on behalf of Plaintiff Maria M. Yip luis.casasmeyer@akerman.com, janet.salinas@akerman.com Luis R Casas on behalf of Trustee Maria Yip luis.casasmeyer@akerman.com, janet.salinas@akerman.com Richard J Cole on behalf of Creditor Violetta Lvov rcole3@gmail corn, rc3@colecolelaw.com Catherine E Douglas on behalf of Trustee Maria Yip catherine.kretzschmar@akerman.com, jeanette.martinez@akeir ran.com James D Gassenheimer on behalf of Trustee Maria Yip jgassenheimer@bergersingerman.corn, efile@bergersingerman.corn, efile@ecf.inforuptcy.com ;1 2

3 Case AJC Doc 166 Filed 05/07/18 Page 3 of 31 Timothy S Kingcade, Esq on behalf of Creditor Scott LaChute scanner@miamibankruptcy.corn, kingcadeserve@bellsouth.net, r46540@notify.bestcase.com Timothy S Kingcade, Esq on behalf of Defendant Deborah Hays scanner@miamibankruptcy.com, kingcadeserve@bellsouth.net, r46540@notify.bestcase.com Joan M Levit, Esq on behalf of Trustee Maria Yip joan.levit@akerinan.com, charlene.cerda@akerman.com Isaac M Marcushamer, Esq. on behalf of Trustee Maria Yip imarcushamer@bergersingerman.com, fsellers@bergersingerman.corn, efile@bergersingerman.com, efile@eceinforuptcy.com David B Marks on behalf of Trustee Maria Yip brett.marks@akerman.com, charlene.cerda@akerman.com James B Miller, Esq on behalf of Debtor Providence Financial Investments, Inc. bkcmiami@gmail.corn James B Miller, Esq on behalf of Debtor Providence Fixed Income Fund, LLc. bkcmiami@gmail.corn Office of the US Trustee US TPRegion21.MM.ECF@usdoj.gov Jordan L Rappaport, Esq on behalf of Defendant Abio Financial Group, Inc. office@rorlawfirm.com, @filings.docketbird.corn Jordan L Rappaport, Esq on behalf of Defendant Amanda Francis office@rorlawfirm.com, @filings.docketbird.com Jordan L Rappaport, Esq on behalf of Defendant John Abio office@rorlawfirm.com, @filings.docketbird.com Susan R Sherrill-Beard, Esq on behalf of Creditor U.S. Securities and Exchange Commission sherrill-beards@sec.gov, atlreorg@sec.gov Andrea M Stewart on behalf of Creditor Philip Bell amstewartlaw@gmail.com Bryan T West on behalf of Plaintiff Maria Yip bryan.west@akerman.corn, eileen.guzman@akerman.com, nancy.perez@akerman.corn Bryan T West on behalf of Plaintiff Maria M. Yip bryan.west@akerman.com, eileen.guzman@akerman.com, nancy.perez(a)akerman.corn ;1 3

4 Case AJC Doc 166 Filed 05/07/18 Page 4 of 31 Bryan T West on behalf of Trustee Maria Yip bryan.west@akerman.com, eileen.guzman@akerman.com, nancy.perez@akerman.cont Maria Yip trustee@yipcpa.com, myip@ecf.epiqsystems.com Maria Yip on behalf of Trustee Maria Yip trustee@yipcpa.com, myip@ecfepiqsystems.com ;1 4

5 Case AJC Doc 166 Filed 05/07/18 Page 5 of 31 EXHIBIT 1

6 Case AJC Doc 166 Filed 05/07/18 Page 6 of 31 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT is made and entered into by and between: Maria Yip, solely in her capacity as the Chapter 7 Trustee for the bankruptcy estate of Providence Financial Investments, Inc. and Providence Fixed Income Fund, LLC (herein referred to as the "Trustee"); and Amanda Jane Francis (herein referred to as "Francis"). The Trustee and Francis are herein referred to collectively as the "Parties." WHEREAS, on or about June 1, 2017, the Trustee filed an Adversary Complaint in the United States Bankruptcy Court for the Southern District of Florida (the "Court") in an action styled Maria Yip, as Trustee of Providence Financial Investments, Inc. and Providence Fixed Income Fund, LLC v. Amanda Francis, Adv. Pro. No AJC (the "Action"); WHEREAS, in the Action, the Trustee has asserted several claims against Francis; WHEREAS, Francis denies the material allegations in the Adversary Complaint filed by the Trustee in the Action and has asserted various defenses; WHEREAS, the Trustee denies the validity of the defenses asserted by Francis; WHEREAS, Francis is the sole owner holding title to the real property located at Brookwood Drive, Boca Raton, Florida (the "Property"); WHEREAS, on April 12, 2018, the Parties participated in a court-ordered settlement conference officiated by United States Bankruptcy Judge Paul G. Hyman; WHEREAS, the Parties desire to settle the Action and resolve all disputes and claims between them; NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration which is hereby acknowledged, it is agreed by and among the Parties as follows: 1. The foregoing recitals are regarded by the Parties to be true and correct and expressly incorporated into this Settlement Agreement. 2. This Settlement Agreement is intended to settle and resolve all disputes, disagreements, and conflicts between the Trustee and Francis at issue in this Action as well as ; ;1

7 Case AJC Doc 166 Filed 05/07/18 Page 7 of 31 any other issues that have arisen or may arise within the main bankruptcy case Case No AJC. The Parties agree that, subject to compliance with the terms of this Settlement Agreement, it is the intention of this Settlement Agreement that any and all claims between the Parties regarding the subject matter of the Adversary Complaint filed in the Action as well as any other issues that have arisen or may arise within the main bankruptcy case Case No AJC are to be extinguished by this settlement, 3. As the sole source for funding of the settlement payment by Francis contemplated under this Settlement Agreement, Francis shall permit the Trustee the exclusive right to market and sell the Property based on terms and conditions within the Trustee's sole discretion. The Trustee's sole discretion to oversee the marketing and sale of the Property shall include, but is not limited to, the approval of brokers, title companies, and any fees and costs associated with the sale. The Trustee shall be entitled to retain all net proceeds from the sale of the Property for the benefit of the bankruptcy estate of Providence Financial Investments, Inc. and Providence Fixed Income Fund, LLC after any liens, mortgages or other encumbrances are satisfied in full at closing. The Trustee shall be entitled to receive any refunds or proceeds related to any club memberships with St. Andrews Country Club which are related to the Property, if any, and shall have all rights to market or sell such memberships for the benefit of the estate. Francis shall provide any reasonable cooperation requested by the Trustee and perform all acts necessary to consummate the sale of the Property or to deal with any lienholders (including, but not limited to, the preparation and execution of any documents necessary to consummate the sale of the Property). With respect to the marketing and sale of the Property contemplated in this Settlement Agreement, Francis acknowledges that (a) the only duties, fiduciary or otherwise, that the Trustee owes with respect to the marketing and sale of the Property are those duties that the Trustee may owe to the estate of Providence Financial Investments, Inc, and Providence Fixed Income Fund, LLC, and (b) the Trustee does not owe any duties, fiduciary or otherwise, to Francis ; J 2

8 Case AJC Doc 166 Filed 05/07/18 Page 8 of As a material term of settlement, and as an inducement for the Trustee to enter into this Settlement Agreement, Francis represents and warrants as follows: (a) The only outstanding encumbrances on the Property are: the Mortgage with Paradise Bank recorded at OR BK PG 0633 in the official records of Palm Beach County, Florida (the "Paradise Mortgage") and the Home Equity Mortgage with Comerica Bank recorded at OR BK PG 0076 in the official records of Palm Beach County, Florida (the "Comerica Mortgage"); (b) As of April 12, 2018, the approximate outstanding balance on the Paradise Mortgage is $790,000.00, and the approximate outstanding balance on the Comerica Mortgage is $300,000.00; (c) There are no liens or other encumbrances on the Property other than the Paradise Mortgage and the Comerica Mortgage; and (d) Homeowners Association fees and St. Andrews Country Club Fees continue to accrue monthly and lien rights may exist on the property as a matter of course, even if not filed. 5. Francis and persons residing with Francis shall be permitted to reside at the Property through June 30, 2018, at which time Francis and all other residents must vacate the Property. Through June 30, 2018, Francis shall take all reasonable efforts to maintain the Property in good condition, repair, and order and shall leave the premises in a clean and orderly condition, with all fixtures intact, upon vacating the premises. Francis shall permit the Trustee and the Trustee's agents reasonable access to the Property for purposes of any inspections or showing of the premises to prospective purchasers. Francis's obligations to provide reasonable requested assistance to the Trustee in the process of marketing and selling of the Property shall continue after June 30, 2018, and through closing on the sale of the Property. 6. Francis shall ensure that all payment obligations related to the Property are up-todate and satisfied through June 30, 2018 (including, but not limited to, scheduled monthly payments on all mortgages, scheduled monthly payments on equity lines, all homeowners or ; ;1 3

9 Case AJC Doc 166 Filed 05/07/18 Page 9 of 31 country club fees and dues, all utilities, all fines, all insurance, and all taxes). Francis shall provide the Trustee with full documentary or written proof of compliance with this Paragraph Francis will transfer electric billing and water billing to the Trustee upon turnover of the property on June 30, To the extent needed, the Trustee will cooperate with Francis to accomplish such transfers. To the extent transferring the billing cannot be accomplished, Francis may close any accounts in her name. To the extent the utilities are unable to be changed, Francis shall continue to pay such bills and be repaid back such amounts at closing. 8. The Trustee, for good and valuable consideration received from Francis, receipt of which is hereby acknowledged, releases Francis as follows: The Trustee (solely in her capacity as the Chapter 7 Trustee for the bankruptcy estate of Providence Financial Investments, Inc. and Providence Fixed Income Fund, LLC and any subsequently consolidated entities) hereby releases and forever discharges Francis of and from all manner of claims, actions, causes of action, suits, controversies, agreements, promises, damages, judgments, and any claims and demands of any kind whatsoever, in law or in equity, known or unknown at this time, that the Trustee, on behalf of the bankruptcy estate of Providence Financial Investments, Inc. and Providence Fixed Income Fund, LLC, now has, may have, or ever had against Francis for, upon, or by reason of any matter, cause, or thing whatsoever from the beginning of time through April 12, 2018, including, but not limited to, any claims that were brought, or which could have been brought, in the Action or any matters that were otherwise related in any way to the issues in the Action. This release by the Trustee shall become effective as of the time that Francis vacates the Property and provides the proof of full compliance with Paragraph 6 above. This release does not release Francis's obligations under this Settlement Agreement, including those set forth in Paragraphs 3, 4, 5, and 6 above, and Francis's representations and warranties provided under this Settlement Agreement. 9. Francis, for good and valuable consideration received from the Trustee, receipt of which is hereby acknowledged, releases the Trustee as follows: Francis hereby releases and ; ;1 4

10 Case AJC Doc 166 Filed 05/07/18 Page 10 of 31 forever discharges the Trustee (including the bankruptcy estates of Providence Financial Investments, Inc. and Providence Fixed Income Fund, LLC and the Trustee's agents, employees, and attorneys and any subsequently consolidated entities ) of and from all manner of claims, actions, causes of action, suits, controversies, agreements, promises, damages, judgments, and any claims and demands of any kind whatsoever, in law or in equity, known or unknown at this time, that Francis now has, may have, or ever had against the Trustee (including the bankruptcy estates of Providence Financial Investments, Inc. and Providence Fixed Income Fund, LLC and the Trustee's agents, employees, and attorneys) for, upon, or by reason of any matter, cause, or thing whatsoever from the beginning of time through April 12, 2018, including, but not limited to, any claims that were brought, or which could have been brought, in the Action or any matters that were otherwise related in any way to the issues in the Action (including, but not limited to, any proofs of claim filed by Francis in the bankruptcy proceedings). 10. This is a voluntary settlement to resolve disputed claims. No act or payment of funds required by this Settlement Agreement shall be considered in any way to be an admission of liability or of fact by any Party to this Settlement Agreement regarding any claims or defenses asserted in the Action or any of the matters referred to in this Settlement Agreement. 11. The Parties acknowledge that they have read this Settlement Agreement, understand it, agree with its terms, and voluntarily and knowingly execute it. The Parties each acknowledge, warrant and represent that this Settlement Agreement was signed only after due consideration by each Party and consultation with their respective counsel. In signing this Settlement Agreement, each Party acknowledges that it did not rely upon any oral or written statement or acts of any Party, other than as expressly stated in writing in this Settlement Agreement. 12. This Settlement Agreement shall be binding upon the Parties, their heirs, their successors, and their assigns ; ;1 5

11 Case AJC Doc 166 Filed 05/07/18 Page 11 of This Settlement Agreement shall not be modified or amended except in writing signed by all parties to be charged. 14. This Settlement Agreement constitutes the entire agreement between the Parties and supersedes any and all prior arrangements and understandings, whether written or oral. 15. Each of the Parties acknowledges that she was represented by counsel in connection with the negotiation of this Settlement Agreement and that all counsel participated in the negotiation and drafting of this Settlement Agreement. Accordingly, this Settlement Agreement shall not be construed more favorably for any of the Parties hereto regardless of who was responsible for its preparation. 16. The Parties acknowledge that this Settlement Agreement is subject to approval by the Court. The Parties shall refrain from prosecuting the Action pending the settlement approval process with the Court. In the event that this Settlement Agreement is not approved by the Court, it shall be deemed null and void, and the Parties shall be returned to their status quo immediately prior to the April 12, 2018, settlement conference. 17. The signatories to this Settlement Agreement represent and warrant that they are authorized and have the power to execute this Settlement Agreement. 18. This Settlement Agreement shall be governed by the laws of the State of Florida, irrespective of its choice of law rules. 18. This Settlement Agreement may be executed in counterparts, and each counterpart shall be and constitute a part of this Settlement Agreement and all counterparts taken together shall constitute this Settlement Agreement, and be binding and effective upon all of the Parties hereto. IN WITNESS THEREOF, the Parties hereto have caused this Settlement Agreement to be executed by each of them as of the date of their signatures below. This Settlement Agreement shall be effective on the date of approval by the Court ; ; I 6

12 Case AJC Doc 166 Filed 05/07/18 Page 12 of 31 AMANDA FRANCIS Dated:,2018 Dated: tea- ga, 2018 MARIA YIP. THE ctiapter 7 TRUSTEE FOR THE BANKRUPTCY ESTATE OF PROVIDENCE FINANCIAL INVESTMENTS, INC:. AND PROVIDENCE FIXED INCOME FUND, LLC : I : I 7

13 Case AJC Doc 166 Filed 05/07/18 Page 13 of 31 Dated: Dated:, 2018 MARIA YIP, THE CHAPTER 7 TRUSTEE FOR THE BANKRUPTCY ESTATE OF PROVIDENCE FINANCIAL INVESTMENTS, INC, AND PROVIDENCE FIXED INCOME FUND, LLC ; ;1 7

14 Case AJC Doc 166 Filed 05/07/18 Page 14 of 31 EXHIBIT 2

15 Case AJC Doc 166 Filed 05/07/18 Page 15 of 31 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT is made and entered into by and between: Maria Yip, solely in her capacity as the Chapter 7 Trustee for the bankruptcy estate of Providence Financial Investments, Inc. and Providence Fixed Income Fund, LLC (herein referred to as the "Trustee"); and Tre Brandendberg, also known as John Abio (herein referred to as "Abio"), and Abio Financial Group, Inc., a Texas corporation ("Abio Financial"). The Trustee, Abio, and Abio Financial are herein referred to collectively as the "Parties." WHEREAS, on or about May 25, 2017, the Trustee filed an Adversary Complaint in the United States Bankruptcy Court for the Southern District of Florida (the "Court") in an action styled Maria Yip, as Trustee of Providence Financial Investments, Inc. and Providence Fixed Income Fund, LLC v. John Abio, also known as Tre Brandenberg, and Abio Financial Group, Inc., Adv. Pro. No AJC (the "Action"); WHEREAS, in the Action, the Trustee has asserted several claims against Abio and Abio Financial; WHEREAS, on April 12, 2018, the Parties participated in a court-ordered settlement conference officiated by United States Bankruptcy Judge Paul G. Hyman; WHEREAS, the Parties desire to settle the Action and resolve all disputes and claims between them; NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration which is hereby acknowledged, it is agreed by and among the Parties as follows: 1. The foregoing recitals are regarded by the Parties to be true and correct and expressly incorporated into this Settlement Agreement. 2. This Settlement Agreement is intended to settle and resolve all disputes, disagreements, and conflicts between (a) the Trustee and (b) Abio and Abio Financial which are at issue in the Action. The Parties agree that, subject to compliance with the terms of this Settlement Agreement and approval by the Court, it is the intention of this Settlement Agreement ;1

16 Case AJC Doc 166 Filed 05/07/18 Page 16 of 31 that any and all claims between the Parties regarding the subject matter of the Adversary Complaint filed in the Action are to be resolved by this settlement. 3. Subject to approval of the Court, Abio and Abio Financial stipulate to the entry, by the Court, of a Consent Final Judgment for monetary relief in favor of the Trustee (the "Consent Judgment"). The Consent Judgment shall be in the amount of $3,100,000.00, and both Abio and Abio Financial shall be jointly and severally liable under the Consent Judgment. The Consent Judgment shall be substantially in the form of Exhibit A hereto, subject to any revisions as to form ordered or requested by the Court or as may be reasonably requested by the Trustee. Abio and Abio Financial shall provide the Trustee with any information as may be reasonably requested by the Trustee for preparation of the form of the Consent Judgment submitted to the Court. 4. Abio represents and warrants that the only two legal names by which he has been known in his lifetime are John Martin Abio (John Abio) and Tre Brandenberg. 5. As long as any part of the Consent Judgment remains unsatisfied, in the event that Abio changes his contact information, Abio shall provide the Trustee with Abio's updated contact information (including, but not limited to, address, phone number, address, and contact information of counsel). 6. The Parties acknowledge that Abio and Abio Financial are defendants in the action styled as Securities and Exchange Commission v. John Abio, also known as Tre Brandenberg, and Abio Financial Group, Inc., Case No. 3:17-cv K, United States District Court for the Northern District of Texas (the "SEC Proceeding"). In the event that (a) the Securities and Exchange Commission obtains, in the SEC Proceeding, a monetary judgment against Abio and Abio Financial in a fixed liquidated amount, and (b) the Securities and Exchange Commission actually recovers any sums of money from Abio or Abio Financial in ; I 2

17 Case AJC Doc 166 Filed 05/07/18 Page 17 of 31 satisfaction (in whole or in part) of that judgment, Abio and Abio Financial shall be entitled to a credit equal to that recovered monetary amount against the Consent Judgment which, if that occurs, will reduce the outstanding amount on the Consent Judgment. 7. The Parties acknowledge that they have read this Settlement Agreement, understand it, agree with its terms, and voluntarily and knowingly execute it. The Parties each acknowledge, warrant and represent that this Settlement Agreement was signed only after due consideration by each Party and consultation with their respective counsel. In signing this Settlement Agreement, each Party acknowledges that he, she, or it did not rely upon any oral or written statement or acts of any Party, other than as expressly stated in writing in this Settlement Agreement. 8. This Settlement Agreement shall be binding upon the Parties, their heirs, their successors, and their assigns. 9. This Settlement Agreement shall not be modified or amended except in writing signed by all parties to be charged. 10. This Settlement Agreement constitutes the entire agreement between the Parties and supersedes any and all prior arrangements and understandings, whether written or oral. 11. Each of the Parties acknowledges that he, she, or it was represented by counsel in connection with the negotiation of this Settlement Agreement and that all counsel participated in the negotiation and drafting of this Settlement Agreement. Accordingly, this Settlement Agreement shall not be construed more favorably for any of the Parties hereto regardless of who was responsible for its preparation. 12. The Parties acknowledge that this Settlement Agreement is subject to approval by the Court. The Parties shall refrain from prosecuting the Action pending the settlement approval process with the Court. In the event that this Settlement Agreement is not approved by the Court, it shall be deemed null and void, and the Parties shall be returned to their status quo immediately prior to the April 12, 2018, settlement conference ;1 3

18 Case AJC Doc 166 Filed 05/07/18 Page 18 of The signatories to this Settlement Agreement represent and warrant that they are authorized and have the power to execute this Settlement Agreement. 14. This Settlement Agreement shall be governed by the laws of the State of Florida, irrespective of its choice of law rules. 15. This Settlement Agreement may be executed in counterparts, and each counterpart shall be and constitute a part of this Settlement Agreement and all counterparts taken together shall constitute this Settlement Agreement, and be binding and effective upon all of the Parties hereto. IN WITNESS THEREOF, the Parties hereto have caused this Settlement Agreement to be executed by each of them as of the date of their signatures below. This Settlement Agreement shall be effective on the date of approval by the Court ;1 4

19 Case AJC Doc 166 Filed 05/07/18 Page 19 of 31 ACCE ED A j AGREED: IRE JOHN ABIO G, also known as Dated:, 2018 STATE OF > SS. COUNTY OF Subscribed and sworn to before me on this /51 day of #, 2018, by /re! / who appeared before me, proved to me on the basis of satisfactory evidence to be the person JEANNE MORGAN MY COMMISSION #0G EXPIRES: October 24, 2021 ignature of Notary Public ;1 5

20 Case AJC Doc 166 Filed 05/07/18 Page 20 of 31 ACCEPTED AND AGREED: ABIO FINANC By: ei rail. Its: Agl r ogr OUP, INC. &ehi Dated: //, J_,2018 STATE OF 1f (/f(,' ) SS. COUNTY OF edifl de(teg; ) Subscribed and sworn to before me on this /5-/ day of, 2018, by proved to me on the basis of satisfactory evidence to be the person who appeared before me. Et.,,, i4te i, /, gnature of Notary Public JEANNE MORGAN MY COMMISSION RXPIRES: October 24, ;1 6

21 i Case AJC Doc 166 Filed 05/07/18 Page 21 of 31 ACCEPTED AND AGREED: 144/ itealra... Dated: _frowi., 3o 2018 ARIA YIP, TH CHAPTER TRUSTEE FOR THE ANKRUPTCY ESTATE OF PROVIDENCE FINANCIAL INVESTMENTS. INC. AND PROVIDENCE FIXED INCOME FUND, LLC STA'rE OF (0 A- ) S S. COUNTY OF Subscribed and sworn to before me on this 31._ day of ftati, 2018, by proved to me on the basis of satisfactory evidence to be the person who appeared before me, 04Auivii RICHARD DIAZ f*e MY COMMISSION # EXPIRES Octobor 02, 2020 Signitture of Notary Public 44Q57674:I 7

22 Case AJC Doc 166 Filed 05/07/18 Page 22 of 31 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION IN RE: Chapter 7 PROVIDENCE FINANCIAL INVESTMENTS, INC., and PROVIDENCE FIXED INCOME FUND, LLC, Debtors. Case No AJC Case No AJC (Jointly Administered) MARIA YIP, as Trustee of Providence Financial Investments, Inc. and Providence Fixed Income Fund, LLC, Adv. Pro. No AJC v. Plaintiff, TRE BRAN DENBERG, also known as JOHN ABIO, and ABIO FINANCIAL GROUP, INC., Defendants. CONSENT FINAL JUDGMENT This Adversary Proceeding is before the Court on the complaint of Maria Yip, Chapter 7 Trustee, to recover transfers pursuant to Sections 544, 548 and 550 of the Bankruptcy Code and ;1

23 Case AJC Doc 166 Filed 05/07/18 Page 23 of 31 Sections and of the Florida Statutes and for other relief. The Plaintiff and Defendant Tre Brandenberg, also known as John Abio, and Defendant Abio Financial Group, Inc., entered into a Settlement Agreement which was approved by the Court in its Order Granting Trustee's Omnibus Motion to Compromise Controversy With (1) Defendants John Abio and Abio Financial Group, Inc. (Adv. No AJC) and (2) Defendant Amanda Francis (Adv. No AJC) [ECF No. in Case No AJC]. Pursuant to the Settlement Agreement and without making any deteiiiiination of the legal basis for the Plaintiff's claims, it is ORDERED and ADJUDGED: 1. Plaintiff, Maria Yip, the Chapter 7 Trustee for the bankruptcy estate of Providence Financial Investments, Inc. and Providence Fixed Income Fund, LLC, whose mailing address is 2 S. Biscayne Blvd., #2690, Miami, FL 33131, shall recover from Defendant Tre Brandenberg, also known as John Abio (Social Security #XXX-XX-5570), whose mailing address is Brookwood Drive, Boca Raton, Florida 33496, and from Defendant Abio Financial Group, Inc., a Texas corporation (tax identification number XX-XXX7152), whose last known mailing address is Forest Central Dr., Suite 101, Dallas, TX 75243, the amount of $3,100,000.00, jointly and severally, pursuant to this Consent Final Judgment, for which let execution issue. 2. The Consent Final Judgment shall accrue interest until paid in full at the prevailing interest rate established under 28 U.S.C. 1961, which rate is currently %. 3. It is further ordered that Defendant Tre Brandenberg, also known as John Abio, and Defendant Abio Financial Group, Inc., as judgment debtors, shall each complete under oath a Florida Rule of Civil Procedure Form (Fact Information Sheet) for an individual and entity, respectively (attached hereto as Exhibits A and B), including all required attachments, and ;1 2

24 Case AJC Doc 166 Filed 05/07/18 Page 24 of 31 said Defendants shall serve Form on Plaintiff's attorney within forty-five (45) days from the date of this Consent Final Judgment, unless the Consent Final Judgment is satisfied or postjudgment discovery is stayed. 4. The jurisdiction of this Court is retained to enforce this Consent Final Judgment, as well as to enter further orders as necessary, including, but not limited to, issuance of postjudgment discovery, writs, and any other execution orders necessary. ### Submitted by: Bryan T. West Counsel for Trustee AKERMAN LLP Three Brickell City Centre 98 Southeast Seventh Street, 11th Floor Miami, Florida Phone: (305) Fax: (305) (Attorney West is directed to mail a conformed copy of this consent final judgment immediately upon receipt to all parties of interest.) ;1 3

25 Case AJC Doc 166 Filed 05/07/18 Page 25 of 31 CONSENT The Plaintiff, through her undersigned counsel, and Defendants, through their undersigned counsel, hereby consent to entry of the foregoing Consent Final Judgment. RAPPAPORT OSBORNE & RAPPAPORT, PLLC By: /s/ Jordan L. Rappaport Jordan L. Rappaport, Esq. Florida Bar No.: Squires Building, suite North Federal Highway Boca Raton, Florida ATTORNEY FOR DEFENDANTS AKERMAN LLP By: /s/ Bryan T. West Brian P. Miller Florida Bar No.: Bryan T. West Florida Bar No.: man.com Luis R. Casas Florida Bar No,: Three Brickell City Centre 98 Southeast Seventh Street, 11th Floor Miami, Florida Phone: (305) Fax: (305) ATTORNEYS FOR PLAINTIFF ;1 4

26 Case AJC Doc 166 Filed 05/07/18 Page 26 of 31 Full Legal Name: Nicknames or Aliases: Residence Address: EXHIBIT A FORM FACT INFORMATION SHEET-INDIVIDUAL Mailing Address (if different): Telephone Numbers: (Home) (Business) Name of Employer: Address of Employer: Position or Job Description: Rate of Pay: $ per Average Paycheck: $ per Average Commissions or Bonuses: $ per Commissions or bonuses are based on Other Personal Income: $ from (Explain details on the back of this sheet or an additional sheet if necessary.) Social Security Number: Birthdate: Driver's License Number: Marital Status: Spouse's Name: Spouse's Address (if different): Spouse's Social Security Number: Spouse's Birthdate: Spouse's Employer: Spouse's Average Paycheck or Income: $ per Other Family Income: $ per back of this sheet or an additional sheet if necessary.) Names and Ages of All Your Children (and addresses if not living with you): (Explain details on Child Support or Alimony Paid: $ Names of Others You Live With: per Who is Head of Your Household? You Spouse Other Person Checking Account at: Account # Savings Account at: Account # (Describe all other accounts or investments you may have, including stocks, mutual funds, savings bonds, or annuities, on the back of this sheet or an additional sheet if necessary.) For Real Estate (land) You Own or Are Buying: ;1 5

27 Case AJC Doc 166 Filed 05/07/18 Page 27 of 31 Address: All Names on Title: Mortgage Owed to: Balance Owed: Monthly Payment: (Attach a copy of the deed or mortgage, or list the legal description of the property on the back of this sheet or an additional sheet if necessary. Also provide the same information on any other property you own or are buying.) For All Motor Vehicles You Own or Are Buying: Year/Make/Model: Color: Vehicle ID #: Tag No. Mileage: Names on Title: Present Value: $ Loan Owed to: Balance on Loan: $ Monthly Payment: $ (List all other automobiles, as well as other vehicles, such as boats, motorcycles, bicycles, or aircraft, on the back of this sheet or an additional sheet if necessary.) Have you given, sold, loaned, or transferred any real or personal property worth more than $100 to any person in the last year? If your answer is "yes," describe the property and sale price, and give the name and address of the person who received the property. Does anyone owe you money? Amount Owed: Name and Address of Person Owing Money: Reason money is owed: Please attach copies of the following: a. Your last pay stub b. Your last 3 statements for each bank, savings, credit union, or other financial account. c. Your motor vehicle registrations and titles. d. Any deeds or titles to any real or personal property you own or are buying, or leases to property you are renting. e. Your financial statements, loan applications, or lists of assets and liabilities submitted to any person or entity within the last three years. f. Your last two (2) income tax returns filed ;1 6

28 Case AJC Doc 166 Filed 05/07/18 Page 28 of 31 UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND COMPLETE. Judgment Debtor STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of, 2018, by who is personally known to me or has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of, Notary Public, State of Florida My commission expires: THE JUDGMENT DEBTOR SHALL FILE WITH THE CLERK OF THE COURT A NOTICE OF COMPLIANCE AFTER THE ORIGINAL FACT INFORMATION SHEET, TOGETHER WITH ALL ATTACHMENTS, HAS BEEN DELIVERED TO THE JUDGMENT CREDITOR'S ATTORNEY ;1 7

29 Case AJC Doc 166 Filed 05/07/18 Page 29 of 31 EXHIBIT B FORM FACT INFORMATION SHEET-ENTITY Name of entity: Name and title of person filling out this form: Telephone number: Place of business: Mailing address (if different): Gross/taxable income reported for federal income tax purposes last three years: /$ /$ Is Taxpayer identification number: Is this entity an S corporation for federal income tax purposes? Yes No Average number of employees per month Name and address of each shareholder, member, or partner owning 5% or more of the entity's common stock, preferred stock, or other equity interest: Names and address of officers, directors, members, or partners: Checking account at: Savings account at: Account # Account # Does the entity own any vehicles? Yes No For each vehicle please state: Year/Make/Model: Color: Vehicle ID No: Tag No: Mileage: Names on Title: Present Value: $ Loan Owed to: Balance on Loan: $ Monthly Payment: $ Does the entity own any real property? Yes No If yes, please state the address(es): Please check if the entity owns the following: ;1 8

30 Case AJC Doc 166 Filed 05/07/18 Page 30 of 31 Boat Camper Stocks/bonds Other real property Other personal property Please attach copies of the following: 1. Copies of state and federal income tax returns for the past 3 years. 2. All bank, savings and loan, and other account books and statements for accounts in institutions in which the entity had any legal or equitable interest for the past 3 years. 3. All canceled checks for the 12 months immediately preceding the service date of this Fact Information Sheet for accounts in which the entity held any legal or equitable interest. 4. All deeds, leases, mortgages, or other written instruments evidencing any interest in or ownership of real property at any time within the 12 months immediately preceding the date this lawsuit was filed. 5. Bills of sale or other written evidence of the gift, sale, purchase, or other transfer of any personal or real property to or from the entity within the 12 months immediately preceding the date this lawsuit was filed. 6. Motor vehicle or vessel documents, including titles and registrations relating to any motor vehicles or vessels owned by the entity alone or with others. 7. Financial statements as to the entity's assets, liabilities, and owner's equity prepared within the 12 months immediately preceding the service date of this Fact Information Sheet. 8. Minutes of all meetings of the entity's members, partners, shareholders, or board of directors held within 2 years of the service date of this Fact Infoiniation Sheet. 9. Resolutions of the entity's members, partners, shareholders, or board of directors passed within 2 years of the service date of this Fact Information Sheet ;1 9

31 Case AJC Doc 166 Filed 05/07/18 Page 31 of 31 UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND COMPLETE. STATE OF COUNTY OF By: Name: Title: [Corporate Seal] The foregoing instrument was sworn to before me on (date) by, who is personally known to me or has produced as identification WITNESS my hand and official seal, this day of, 2018 Notary Public State of Florida My Commission expires: THE JUDGMENT DEBTOR SHALL FILE WITH THE CLERK OF THE COURT A NOTICE OF COMPLIANCE AFTER THE ORIGINAL FACT INFORMATION SHEET, TOGETHER WITH ALL ATTACHMENTS, HAS BEEN DELIVERED TO THE JUDGMENT CREDITOR'S ATTORNEY ;1 10