Liquidation of marital property

LILY GIMPEL SMITH

Y
Víctor Osvaldo Escobar Luco

Ms. LILY GIMPEL SMITH, Chilean, divorced, educator appears.

kindergarten, Identity Card number seven million seven hundred sixty and
seven thousand fifteen dash seven, located at José Manuel Infante number two thousand
seven hundred ninety-five, apartment one hundred eleven, Ñuñoa district; for
on one side, and on the other Mr. VICTOR OSVALDO ESCOBAR LUCO, Chilean,
divorced, civil construction worker, Identity Card number five million
eight hundred sixty-two thousand seven hundred seventy-two dash zero, domiciled
at Diagonal Paraguay number two hundred fifty-four, department
three hundred one D, Santiago Centro district. Both parties present
adults, who have verified their identity with the IDs
They are summoned and expose the following: FIRST: Dated September thirteenth
In nineteen seventy-four, the parties got married.
before the Official of the Civil Registry of the Temuco District, under the
seven hundred sixty-seven
corresponding to the year nineteen seventy-four, under the regime of
marital society. SECOND: By ruling of the Fourth Family Court
from Santiago, issued on March ninth, two thousand fifteen, in the case of
ROL C dash seven thousand eight hundred forty-four dash two thousand fourteen, it
he declared the divorce of the marriage of the appearing parties. The date of sub
Registration in the Civil Registry is on the twelfth of May two thousand fifteen.
THIRD: As a consequence of the divorce, the dissolution of
the marital partnership existing between the parties present, for which reason
they come, in this very act, to liquidate said marital society, and this,
according to the agreements, declarations, conventions, and provisions that are
they are contained in the following clauses. FOURTH: For the purposes of this
settlement the parties leave on record the following: a) That not
there are preliminary issues to resolve; b) That they agree on

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the procedure for the settlement of the marital partnership between them
of participation in common property; c) That the spouse has no assets
reserved and expressly accepts the gains; d) That none of the
spouses have separate property to deduct from this settlement; e) That not
there are no rewards either for or against the marital partnership and/or the
spouses; f) That there are no pending fruits, since they have been
consumed by both spouses in the support of the common home; g) That they have
common goods that will be subject to this agreement have been determined by mutual agreement

settlement and for which purposes they have taken into consideration the state of
conservation of the same, their use and age, their current market value
the knowledge of commercial transactions regarding similar goods
characteristics and nature and, in the case of real estate, its appraisal
fiscal and its commercial appraisal. FIFTH: Common Goods. For the purposes of
this settlement, are common goods and with the appraisal values that
By mutual agreement, the spouses have established the following for each asset: A) Asset

root: she owns apartment number one hundred eleven of the eleventh floor
and the warehouse number 10 of the basement of Building Five, located on street
José Manuel Infante number two thousand seven hundred ninety-five, of the
Second Stage of the housing complex called the Ñuñoa condominium
Dos Mil, Ñuñoa commune, Metropolitan Region, according to the map
filed under number four thousand one hundred eleven-E to H; and also the owner of
rights in proportion to the value of what is acquired in conjunction with others

acquirers of common goods among which is the land

which corresponds to lot A of the respective subdivision plan, located
enclosed in the polygon A-B-C-D-E-F-G-H-I-J-K-L-M-N-O-P-Q-R-A, which
NORTH, approximately twenty-eight point ninety meters with
José Domingo Cañas Avenue, points A-B on the map; at twelve point eighty
approximately three meters with a strip of land granted for public use,
points C-D of the plane; at approximately one point ninety meters with
strip of land granted for public use, points H-I of the plan, and in four comma
sixty meters approximately with a strip of land ceded for public use,
L-M points of the plane; NORTHEAST, at an angle of eight point thirty meters
approximately with a land strip allocated for public use, points D-E of
plan; SOUTH, approximately in four point sixty meters with strip of

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land granted for public use, points F-G of the plan; at one point ninety
approximately meters with a strip of land granted for public use, points J-
To the plan; at approximately twelve point eighty-three meters with a strip.
of land granted for public use, points O-P on the map, and in twenty-eight point
approximately ninety-eight meters with Alcalde Eduardo Castillo street
Velasco, points Q-R of the plane; SOUTHEAST, at an angle of eight point thirty
approximately meters with a strip of land granted for public use, points N-
To the east; EAST, approximately two point five meters with
strip of land granted for public use, points B-C of the plan; at thirty point
approximately forty-four meters with general boundary of the land,
points E-F of the plane; at sixteen point fifty-five meters
approximately with a strip of land granted for public use, points G-H of
plan; approximately five point thirty-four meters with a strip of
land granted for public use, points I-J of the plan; at fourteen point sixty
five meters approximately with a strip of land granted for public use,
K-L points of the plane; at thirty point seven hundred forty-five meters
approximately with general delineation of the land, points M-N of the plan, and in
Two point fifty meters approximately with a strip of land granted to
public use, points P-Q of the plane; WEST, at one hundred fifteen point zero
approximately nine meters with land from the Archdiocese of Santiago,
R-A points of the plane. It was acquired by purchase from the Puerto Real Estate Company.
Santo Domingo S.A., according to the deed dated July nineteenth of the year one thousand

nine hundred ninety-five, granted at the notary of this city, of Mr.

Patricio Zaldívar Mackenna. The title is registered at page six thousand.
seven hundred ten, number six thousand two hundred ninety-seven, of the Registry
Property of the Registrar of Real Estate of Santiago of the year one thousand
nine hundred ninety-six. Appraisal roll number five thousand four hundred
once script one hundred eighty-nine, Ñuñoa commune. The common parties.
agreement evaluates this property at the sum of thirty-eight million
pesos. Furthermore, there is the right of exclusive and perpetual use and enjoyment of

Parking number one hundred nine on the first floor of the building on José Street
Manuel Infante number two thousand seven hundred ninety-five, Ñuñoa commune.
The parties assess these rights at the sum of five hundred thousand pesos.
Well root: is the owner of apartment number five hundred four, and the storage.

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number twenty-two of Building One, at El Vaticano street number three hundred
fifty of the commune of El Tabo, San Antonio Province, Fifth Region.
The right to exclusive use and enjoyment of the parking space is understood.
number forty-seven, located on the common land of the lot where it is
raise that building, and the rights of ownership, use, and enjoyment that correspond.
to what is sold on the land and other goods considered common according to
the current laws and regulations and the corresponding Co-ownership Regulations. The
building of which the mentioned apartment is a part, was constructed in the
Lot Seven of the subdivision plan of Parcel A Eight, which in turn is part of
of Plan A, resulting from the merger and subdivision of several plots of land from
building called "Rest of the Fundo la Aldea", lot which according to the plan
filed under the number eight hundred forty-eight, of the Registry of
Properties of the year nineteen ninety-seven, delimits and measures: - AL
NORTH, in a section of twenty-six like sixty meters with Remaining Fabric A
Eight, partly at six point fifty meters with Lot two of the plan and in
part twenty-two point seventy-four meters with Remaining Cloth A Eight.- NOR
WEST, at sixty-two point seventy-seven meters with Remaining Cloth A
Eight.- SOUTH, at six point twenty meters with Remaining Fabric A Eight.- SOUTH

EAST, at forty-two point thirty-four meters with Cloth A Two.

ON THE WEST, in a part at twenty-two as sixty-eight meters with
Rest Cloth A Eight and in another part at thirty-eight point zero three meters with
Panel A Three.- EAST, on one side fifteen meters with Lot two the plan and
in another part at one hundred eleven point fifteen meters with Lot One of the plan.

WEST, in one part in twenty meters, in twenty-seven point thirty-five

meters and twenty point thirty-two meters with Resto Cloth A Eight. It has
an approximate area of four thousand five hundred eighty-three point thirty
square meters. The sales plans by floors and apartments are
found filed with the numbers one thousand two hundred forty-five to one thousand
two hundred fifty-four inclusive at the end of the Property Register of
year nineteen ninety-eight in the Land Registry.
acquired through a public deed granted before the Notary of Santiago Mr. René
Benavente Cash, dated thirty-first of October of the year two thousand two, by
purchase made from INMOBILIARIA LAS CRUCES S.A., RUT ninety-six
one million seven hundred sixty-eight thousand three hundred seventy-one

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represented by Mr. Fernando José Echeverría Vial and Mr. Carlos
Cristian Cox Vial, accredited personalities in said contract, all domiciled
on Benjamin Street number two thousand nine hundred forty-four, second
apartment, Las Condes district, Santiago. The sale price was equivalent to
pesos, legal currency, of two thousand one hundred seventy Units of Account, for its

daily value as of the date of its writing, paid in the manner determined
said instrument, in accordance with the selling party. The others
stipulations consist of the cited deed. The title is registered at
pages one thousand seven hundred sixty-three number one thousand five hundred seventy-nine of

Property Registry of the Conservator of Real Estate of San Antonio

year two thousand three. The department has the appraisal role number one thousand eleven hyphen

thirty, the warehouse the appraisal number one thousand eleven dash seventy nine of the
common of El Tabo. The previous title of ownership is registered from page two hundred
seventeen number two hundred seven of the Property Registry of San Antonio,
from the year nineteen ninety-six, petitioner Scotiabank South American.
That the parties evaluate, by mutual agreement, both the rights over the
parking lot, the warehouse and the property, previously identified, in the
total sum of thirty-eight million five hundred thousand pesos.SIXTH:
Determination of divisible liquid assets and distribution. According to the
preceding clauses have established that the company's asset
marital amounts to seventy-seven million pesos, which is the sum of the
valuation values assigned to common goods. That there are no debts to
consider. Consequently, the liquid assets of the marital society that are
it has dissolved is the sum of seventy-seven million pesos, corresponding to
to each spouse the amount of thirty-eight million five hundred thousand pesos,
title of half of the community property. SEVENTH: Grants. The
the parties agree to make the following awards among themselves, to
end of distributing the common goods, allocations that will be made based on
from the appraisal set by mutual agreement regarding each asset in the clause
fifth of this instrument: A) AWARDS TO LILY GIMPEL SMITH: It
agrees to assign and transfer to LILY GIMPEL SMITH, who accepts and acquires
to you with charge to your credit in this liquidation and partition, all the rights
Listed in section A) of the fifth clause of this deed, that is, the
apartment number one hundred eleven on the eleventh floor and the storage room

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number ten of the underground of Building Five, located on José Manuel street
Infant number two thousand seven hundred ninety-five, of the Second Stage of the
housing complex called the Ñuñoa Two Thousand condominium, municipality of
Ñuñoa, Metropolitan Region, In addition to exclusive and perpetual use and enjoyment

from parking space number one hundred nine on the first floor of the building of
José Manuel Infante street number two thousand seven hundred ninety-five
Ñuñoa commune. The parties value these rights at the sum of
five hundred thousand pesos. By virtue of this, the liquid asset awarded to LILY
GIMPEL SMITH is the sum of thirty-eight million five hundred thousand pesos, to
half of the joint assets.
ESCOBAR LUCO: It is agreed to award and transfer to VÍCTOR OSVALDO
ESCOBAR LUCO, who accepts and acquires for himself at the expense of his belongings in

this liquidation and partition, the rights over the goods listed in the
fifth clause letter B of this deed, that is, apartment number
five hundred four, and warehouse number twenty-two of Building One, on street
The Vatican number three hundred fifty of the commune of El Tabo,
San Antonio Province, Fifth Region.- It also includes the
right of exclusive use and enjoyment of parking spot number
forty-seven, located on the common land of the lot where it stands
said building, and the rights of ownership, use, and enjoyment that correspond to

the sold in the land and other goods that are considered common
in accordance with the current laws and regulations and the Regulations of

Respective co-ownership. By virtue of this, the liquid asset awarded to

VÍCTOR OSVALDO ESCOBAR LUCO is the sum of thirty-eight million
five hundred thousand pesos, as half of the joint assets. EIGHTH: Shares
partitional: According to what is stated in the preceding clauses,
they form the shares corresponding to each of the community members in
this settlement and partition, in the following way: A) SHARE OF LILY
GIMPEL SMITH: It must be. For your share or participation in the liquidation and
participation of the marital community existing between him and his spouse, as it is
as expressed in the eighth clause, he is entitled to the sum of thirty-eight
five hundred thousand pesos, which is settled and paid with the awarding of
all the assets and rights mentioned in letter 'A' of the fifth clause of
this writing. It is hereby acknowledged and the amount due has been paid

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plant with the allocations made to this communal member. B) PLANT OF
There must be. For your share or
participation in the settlement and participation of the marital community established
between her and her spouse, as expressed in the eighth clause, it
corresponds to the sum of thirty-eight million five hundred thousand pesos, which is
enter and pay with the awarding of all the goods and rights stated
in the letter 'B' of the fifth clause of this deed.. It remains as follows
informed and paid the proceeds of this parcel with the allocations made to
this communal member. NINTH: The assignments of the assets are made in the
state in which they currently find themselves, state that they claim to know and
to be content the respective awardees for being in material possession
of what has corresponded to each of them, with their uses, customs,
rights and easements, without further burdens and prohibitions than those that are
indicated in this same writing, and free from liens, disputes, pledges
general, common, or special, being mutually obligated to
eviction and sanitation in accordance with the law. TENTH: They declare the
appearers who with the agreements, conventions, stipulations and
statements contained in the preceding clauses have remained
liquidated and dissolved the marital partnership that existed between them, for which reason

expressly waive any right, action or claim they could make

to be worth or to act against each other by reason of the existence of society
spousal, of its administration or on the occasion of this settlement and
partition and consequently the broadest, definitive and granted in this regard
total reciprocal settlement. ELEVENTH: For all legal effects derived
from this settlement and partition, the appearing parties establish their domiciles at the

city of Santiago and submit to the jurisdiction of its Courts

Justice. TWELFTH: The expenses of this deed will be the responsibility of both.
spouses. The registration fees will be borne by each spouse,
relation to the assets that have been assigned to him/her. THIRTEENTH: For
the present instrument the appearing parties grant special power and
irrevocable to the lawyers Don Gonzalo Andrés Ruz Céspedes and Pablo
Sepúlveda López, in order to act jointly, on behalf of the
appearances, subscribe to one or more public deeds, instruments
public, private or minutes that correspond, with the aim of clarifying and/or

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complement omissions, and rectify any potential errors regarding the
individualization of the parts, the singularization of property, its
boundaries, or any other requirement that may be necessary to register in the
respective conservative. FOURTEENTH: The bearer of the copy is authorized.
authorized by this deed for the purpose of proceeding to request the
registrations and annotations that proceed.