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FILED: NEW YORK COUNTY CLERK 07/07/2017 10:21 PM INDEX NO. 652836/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/07/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ANNE E. HUMPHREVILLE,
CFBO ANNE E. HUMPHREVILLE IRA, Index No. 652836/2017
Plaintiff, Hon. Eileen Bransten
Motion Sequence No. 001
-against-
AEU HOLDINGS, LLC,
Defendant.
AFFIDAVIT OF LOLLY LEGER
STATE OF TEX A )
A „ ) ss:
COUNTY OF R )
LOLLY LEGER, being duly sworn, deposes and says:
1. I am over the age of eighteen (18) years, and otherwise competent to testify, and I
make this declaration upon my own personal knowledge_
2. I am a Member of Defendant AEU Holdings LLC ("AEUH"), a limited liability
company that was formed in December 2014.
3. In 2015, Mr. Satler and I began exploring starting a business relationship with
David Dennett-Smith ("Dennett-Smith").
4. On March 26, 2015, IRA Services CFBO Anne E. Humphreville
("Humphreville") purchased a Note in AEUH, in the amount of $1,200,000.00, as part of a
transfer of Humphreville's funds to Dennett-Smith via AEUH (the "AEUH Note").
5. Dennett-Smith signed a promissory note to AEUH for $1,250,000.00 (the "DDS
Note"). However, before any money was wired to Dennett-Smith, I secured confirmation from
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FILED: NEW YORK COUNTY CLERK 07/07/2017 10:21 PM INDEX NO. 652836/2017
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/07/2017
Humphreville that the AEUH Note, the funds from which were being sent to Dennett-Smith, was
non-recourse as to AEUH. Specifically, via e-mail to me dated April 10, 2015 (the "April 10 E-
mail"), Humphreville acknowledged: "I will not hold AEU liable for the use of the funds from
the 1,200,000 note. Anne Humphreville". A true and correct copy of this April 10 E-mail is
attached hereto as Exhibit ("Exh.") "H." Humphreville's April 10 E-mail to me copied to
Dennett-Smith. Id.
6. On April 10, 2015 I forwarded a copy of Humphreville's April 10 E-mail to Mr.
Satler, among others. See attached E)dt. H.
7. On April 10, 2015, I received, via e-mail, a wire transfer confirmation confirming
that $1,200,000.00 had been wired from AEUH to Dennett-Smith. A true and correct copy of
that e-mail is attached hereto as Exh. "I." On April 10, 2015, I forwarded a copy of this e-mail to
Mr. Satler, Humphreville and Dennett-Smith, among others. See attached Exh. I.
8. The foregoing facts are known by me to be true, of my own knowledge. I am
competent to testify to such facts, and would so testify if I appeared in court as a witness at the
trial of the matter.
I make the foregoing statements subject to the penalties of perjury.
I ry _,eger
S6
Member, AEU Holdings, LC
Sworn to before me this
3 day of , 2017
JULIE ROBERTSON
Notary ID # 11792100
My Commission Expires
July 13, 2020
otary Public
2
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FILED: NEW YORK COUNTY CLERK 07/07/2017 10:21 PM INDEX NO. 652836/2017 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/07/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANNE E. HUMPHREVILLE, CFBO ANNE E. HUMPHREVILLE IRA, Index No. 652836/2017 Plaintiff, Hon. Eileen Bransten Motion Sequence No. 001 -against- AEU HOLDINGS, LLC, Defendant. AFFIDAVIT OF LOLLY LEGER STATE OF TEX A ) A „ ) ss: COUNTY OF R ) LOLLY LEGER, being duly sworn, deposes and says: 1. I am over the age of eighteen (18) years, and otherwise competent to testify, and I make this declaration upon my own personal knowledge_ 2. I am a Member of Defendant AEU Holdings LLC ("AEUH"), a limited liability company that was formed in December 2014. 3. In 2015, Mr. Satler and I began exploring starting a business relationship with David Dennett-Smith ("Dennett-Smith"). 4. On March 26, 2015, IRA Services CFBO Anne E. Humphreville ("Humphreville") purchased a Note in AEUH, in the amount of $1,200,000.00, as part of a transfer of Humphreville's funds to Dennett-Smith via AEUH (the "AEUH Note"). 5. Dennett-Smith signed a promissory note to AEUH for $1,250,000.00 (the "DDS Note"). However, before any money was wired to Dennett-Smith, I secured confirmation from 1 of 2 FILED: NEW YORK COUNTY CLERK 07/07/2017 10:21 PM INDEX NO. 652836/2017 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/07/2017 Humphreville that the AEUH Note, the funds from which were being sent to Dennett-Smith, was non-recourse as to AEUH. Specifically, via e-mail to me dated April 10, 2015 (the "April 10 E- mail"), Humphreville acknowledged: "I will not hold AEU liable for the use of the funds from the 1,200,000 note. Anne Humphreville". A true and correct copy of this April 10 E-mail is attached hereto as Exhibit ("Exh.") "H." Humphreville's April 10 E-mail to me copied to Dennett-Smith. Id. 6. On April 10, 2015 I forwarded a copy of Humphreville's April 10 E-mail to Mr. Satler, among others. See attached E)dt. H. 7. On April 10, 2015, I received, via e-mail, a wire transfer confirmation confirming that $1,200,000.00 had been wired from AEUH to Dennett-Smith. A true and correct copy of that e-mail is attached hereto as Exh. "I." On April 10, 2015, I forwarded a copy of this e-mail to Mr. Satler, Humphreville and Dennett-Smith, among others. See attached Exh. I. 8. The foregoing facts are known by me to be true, of my own knowledge. I am competent to testify to such facts, and would so testify if I appeared in court as a witness at the trial of the matter. I make the foregoing statements subject to the penalties of perjury. I ry _,eger S6 Member, AEU Holdings, LC Sworn to before me this 3 day of , 2017 JULIE ROBERTSON Notary ID # 11792100 My Commission Expires July 13, 2020 otary Public 2 2 of 2