A settlement has been reached in the lawsuit filed against the Port Austin Sabbatarian Church Community Sacred Purpose Trust (Norman Edwards). Below is the settlement agreed-to and signed by both the plaintiff and defendants, and which waits for the Judge's signature (to occur before end of November). The Journal will publish an article in an upcoming issue concerning the lawsuit with statements from both the plaintiff and defendant. For information regarding the background and circumstances of the lawsuit from Mr. Edward's viewpoint, please visit the Servant's News site. JPEG images of the actual settlement documents are also provided by SN. For the sake of privacy on the Internet, the address and phone number of the plaintiff's attorney and of the defendant has been removed. STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF HURON TERRY MONTE WILLIAMS, Plaintiff vs. File No. 05 002931 CB
05 003021 CB NORMAN SCOTT EDWARDS, Individually and as Trustee of Port Austin
Sabbatarian Church Community Sacred Purpose Trust, and PORT AUSTIN
SABBATARIAN CHURCH COMMUNITY SACRED PURPOSE TRUST, Jointly and Severally, Defendants ----------------------------------------------/ Attorneys for Plaintiff
CUBITT & CUBITT
BY: E. Duane Cubitt P12373
ADDRESS AND PHONE NUMBER Norman Scott Edwards, Defendant
Appearing In Pro Per
ADDRESS AND PHONE NUMBER At a session of said Court held in the County Building in the City of
Bad Axe in said County on the __ day of November, 2007 Present: THE HONORABLE M. RICHARD KNOBLOCK, Circuit Judge This matter having been regularly scheduled for trial on November 8, 2007, at 9:00 a.m. and the parties, with the assistance of the Court, having met and agreed to the entry of a Judgment containing specified terms including a provision that there is no finding of wrongdoing by either Plaintiff or Defendants and the Court being fully advised in the premises, IT IS ORDERED AND ADJUDGED that the Plaintiff shall recover from the Defendant, Norman Scott Edwards, individually and as Trustee of the Port Austin Sabbatarian Church Community Sacred Purpose Trust and the Port Austin Sabbatarian Church Community Sacred Purpose Trust, jointly and severally, the sum of $45,000.00 payable $1,000.00 within 60 days of entry of this Judgment, with the balance of $44,000.00 due commencing two years from entry of this Judgment payable in monthly payments amortized over five years at 6% per annum, which sum is $850.65 per month; that interest on said $44,000.00 shall commence two years from entry of Judgment and the first monthly installment payment shall be due on January 15, 2010; that all payments due under this Judgment are to be made to Cubitt & Cubitt Trust, ADDRESS. IT IS FURTHER ORDERED AND ADJUDGED that should Defendant not timely
make the installment payments required in this Judgment, then the balance due on said Judgment at the time of default shall become immediately due and payable. IT IS FURTHER ORDERED AND ADJDUGED that Plaintiff is hereby granted a mortgage against the real property of Defendant Trust as described on Exhibit A attached hereto; that said mortgage shall be a second mortgage to the mortgage granted by Defendant Trust to Eternal Life Bible Institute, a MN non-profit corporation on or about May 26, 2006, and recorded in Liber 1161, page 656, Huron County Records; a default in the installment payments required under this Judgment shall be considered a default in the mortgage granted herein and upon default, Plaintiff may foreclose said mortgage as provided by Michigan law. IT IS FURTHER ORDERED AND ADJUDGED that the claimed lien of Plaintiff in a document titled Real Property Lien Notice recorded on or about December 1, 2004, in Liber 1084, page 470, Huron County Records is hereby released. IT IS FURTHER ORDERED AND ADJUDGED that there is no admission by either party of any wrongdoing in their agreement to amicably to resolve the issues in the within cause and all claims and counter claims in this cause not provided for in this Judgment are hereby dismissed with prejudice. It is further the intent of this Judgment for the parties hereto to waive any claims or causes of action either might have against the other as of the date of entry of the Judgment, whether or not plead in this cause of action. IT IS FURTHER ORDERED AND ADJUDGED that the plaintiff, Williams, and the Defendant, Edwards, acknowledge and agree that Homer Kizer has not, is not, and will not be authorized by Terry Monte Williams to speak or write on behalf of Plaintiff, Williams. IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff, Williams, shall vacate the premises he occupies on property titled in the name of Defendant Trust within 60 days of entry of this Judgment. IT IS FURTHER ORDERED AND ADJUDGED that no costs are awarded to either party. IT IS FURTHER ORDERED that this Judgment resolves the last pending claim in this action and closes the above entitled cause. M. RICHARD KNOBLOCK,
Circuit Judge
Dated: November __, 2007 STIPUALTED AND AGREED TO
AS TO BOTH FORM AND CONTENT: CUBITT & CUBITT Attorneys for Plaintiff ____________________________
BY: E. Duane Cubitt P12373
____________________________
Norman Scott Edwards, Defendant
Appearing In Pro Per
Individually and as Trustee of Port Austin
Sabbatarian Church Community Sacred
Purpose Trust, and Port Austin
Sabbatarian Church Community Sacred
Purpose Trust
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