Preview
CAUSE NO.
VI DDAWSON, IN THE DISTRICT COURT
Plaintiff, :
; ENTONCOUNTY, TEXAS
LIZABETH CHANDINI PORTTEUS, :
Defendant. § ____ JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITIONTO CONFIRM ARBITRATION AWARD
Comesnow, vid Dawson Plaintiff, and files this Plaintiff’ s Original Petition to Confirm
Arbitration Award applying to this Court for an order under the Texas Civil Practices & Remedies
Code, and will show as follows:
I. DISCOVERYAND RULE 47
Discovery in this case is intended to be conducted under Level 2 of T.R.C.P. 190.
Plaintiff seeks only monetary relief o or less, excluding interest, statutory or punitive
damages and penalties, and attomey’s fees and costs
II. PARTIES
Plaintiff avid Dawson Dawson” or “Plaintiff”) is an individual residing in
Denton County, Texas.
Defendant Elizabeth Chanini Portteus Portteus” or “Defendant”) is an
individual resident of Dallas County, Texas who may be served with citation and a copy of the
Petition by servingh ath residence located at4319 Emerson Avenue, Dallas, Texas 75205, or
wherever she may be found.
PLAINTIFF’S ORIGINAL PETITION - PAGE 1III. JURISDICTION AND VENUE
Jurisdiction is proper in this court because all or a substantial part of the events
giving rise to this cause of action occurred in Denton County, Texas causing injury to Plaintiff in
entonCounty, Texas in an amount in excess of the minimum jurisdictional limit of this court.
Venue is proper in this court pursuant to Tex. Civ. Prac. & Rem. Code § 15.002
because all ora substantial part of the events giving rise to this cause of action occurred in Denton
County, Texas and Plaintiff's home residence is located in Denton County, Texas.This petition.
is filed as an initial application in Denton County, the county in which the hearing before the
arbitrator was held.
STATEMENT OF FACTSAND CLAIMS
OnAugust 2, 2021, Plaintiff and Defendant entered into a written Promissory Note
in which the parties agreed to arbitrate any disputes as follows:
“Any controversy or claim arising out of or relating to this Note, or the breach
thereof, shall be settled by arbitration administered by the American Arbitration
Association and judgment on the award rendered by said arbitration may be entered.
in any court of competent jurisdiction.
On December 31, 2021, a controversy arose between Plaintiff and Defendant in that
the Defendant breached the Promissory Note. The arbitration agreement described above required
the parties to arbitrate this controversy related to any breach of the Promissory Note.
On December 19, 2022, arbitration proceedings were held in accordance with the
arbitration agreement and an award was made on January 15, 2023. In particular, Plaintiff
A true and conect copy of the Promissory Note is attached hereto as Exhibit 1 and incorporated by reference
herein.
PLAINTIFF’S ORIGINAL PETITION PAGEcomplied with all requirements in the agreement regarding the conduct of the arbitration
proceedings.
Plaintiff has retained Todd Hoodenpyle and the law firm of Singer & Levick, P.C.
to represent Plaintiff in this action and has agreed to pay the firm reasonable and necessary
attomey’ s fees.
The time for bringing an action to vacate, modify or correct the award has passed.
and Defendant has not filed any such action.
WHEREFORE, Plaintiff David Dawson requests that Defendant Elizabeth Chanini
Portteus be cited to appear and answer herein and that on final trial, Plaintiff David Dawson have
judgment as follows:
The Court enter judgment confimning the arbitration award as made.
Attomey’s fees.
Costs of Court.
uch other and further relief, both at law and in equity, to which the Plaintiff may bejustly
entitled.
A true and conect copy of the Award is attached hereto as Exhibit 2 and incorporated by reference herein.
PLAINTIFF’S ORIGINAL PETITION PAGEhoodenpyle@singerlevick.com
Singer & Levick, P.C.
16200 Addison Road, Suite 140
Addison, Texas 75001
Telephone:
Facsimile:
ATTORNEYS FOR PLAINTIFF
PLAINTIFF'S ORIGINAL PETITION
PAGEPROMISSORY NOTE
Principal Sum: $75,850.00
Distribution:
$20,000 USD Cash Transferred to Chandini Portteus Chase Business Account on 8/3/2021
$1,950 USD Paid on Rent for 4319 Emerson Ave — Back Unit on 5/7/2021
$1,950 USD Paid on Rent for 4319 Emerson Ave — Back Unit on 4/6/2021
$1,950 USD Paid on Rent for 4319 Emerson Ave — Back Unit on 3/5/2021
$50,000 USD Paid for Feedbox License Agreement Payment on 12/31/2020
Commencement Date: August 3, 2021
Due Date: December 31, 2021
Lender Name
David Dawson
Lender Address
9209 Sandhills Dr
Argyle, Texas 76226
Borrower Name
Elizabeth Chandini Portteus
Borrower Address
4319 Emerson Ave
Dallas, Texas 75205
FOR VALUE RECEIVED in the amount of $75,850.00 (Seventy-Five Thousand Eight Hundred Fifty Dollars), the under
signed Borrower promises to pay as set out in this Promissory Note to the Lender or its successors and assigns, at such
place as the Lender hereof may designate from time to time in writing, in lawful money of the United States of America,
the Principal Sum of $75,850.00 plus a lending fee of $4,150.00, as provided for herein.
PAYMENTS. Borrower will pay to Lender the sum of $80,000.00, including the principal amount of the Note plus any
relevant interest, lending or processing fee (if any), all late charges or returned payment charges, as well as all other
amounts that may become due under this Note by no later than December 31, 2021.
- Terms. Payments shall be made on an annual basis, in the amount of $80,000.00 beginning on the thirty-first day of
December 2021.
- Delivery. Payments shall be delivered to the Lender at the address shown above or any other such address as
Lender may later designate with proper notice to the Borrower.
- Prepayments. The Borrower shall have the right to prepay this Promissory Note, in whole or in part, prior to the final
installment date without incurring any penalty. If the Borrower prepays the Note in part, the Borrower agrees to
continue to make the regularly scheduled payments until all amounts due under this Note are paid.
FAILURE TO PAY. If the Lender has not received the full amount of any payments after the due date, the Borrower
shall owe a late payment fee to the Lender of $500 per Month late fee, due immediately, in addition to the previously
owed balance. If the owed balance and the late fee are not paid promptly, the Lender may, at his/her option, declare the
Note in default.
COLLECTION COSTS. If any payment obligation under this Note is late, the Borrower promises to pay all costs of
collection, including attorney's fees and costs.
DEFAULT. The occurrence of any one or more of the following events constitutes an "Event of Default" under this Note:
- The failure of the Borrower to pay the Principal Amount and the Interest Amount and any other sums owed hereunder
when due;
- The Borrower files bankruptcy, becomes insolvent, or is otherwise unable to pay its debts as they come due;
- An application for the appointment of a receiver for the Borrower;
- Borrower fails to comply with any other obligations under the terms of this Note.
If an Event of Default occurs, Lender shall be permitted to pursue all rights and remedies allowed by this Note or
available at law.
REMEDIES. At the election of the Lender, and upon notice to the Borrower, the Principal Amount and Interest Amount
remaining unpaid under this Note, and any other amounts due hereunder, shall be and become immediately due and
payable in full upon the occurrence of any Event of Default. Failure to exercise this option shall not constitute a waiver of
the right to exercise same in the event of any subsequent Event of Default. No holder hereof shall, by any act of omission
or commission, be deemed to waive any of its rights, remedies or powers hereunder or otherwise unless such waiver is
in writing and signed by the holder hereof, and then only to the extent specifically set forth therein. The rights, remediesPROMISSORY NOTE
and powers of the holder thereof, as provided in this Note, are cumulative and concurrent, and may be pursued singly,
successively or together against the Borrower, any Guarantor hereof, the Security Interest, and any other security given
at any time to secure the repayment hereof, all at the sole discretion of Lender. In the event the default is cured prior to
notice to the Borrower from the Lender demanding immediate payment, then the default shall be dismissed and there
shall be no Event of Default for that occurrence.
Any controversy or claim arising out of or relating to this Note, or the breach thereof, shall be settled by arbitration
administered by the American Arbitration Association and judgment on the award rendered by said arbitration may be
entered in any court of competent jurisdiction.
NOTICES. Any notice that must be given to Borrower under this Note shall be given by delivering it or by mailing it by
certified mail addressed to Borrower at the Borrower's address above. If Borrower provides a different address than the
address listed above, Lender must give notice to Borrower at the most current address provided. Any notice that must
be given to the Lender under this Note will be given by mailing by certified mail to the Lender at the Lender's address
above. If Lender provides a different address than the address listed above, Borrower must give notice to Lender at the
most current address provided.
ASSIGNMENT. As per the terms of this Note and by agreement between the Parties hereto:
Borrower may not assign, sell or otherwise transfer the Borrower's rights under this Note to anyone else.
Lender may assign, sell or otherwise transfer the Lender's rights under this Note to anyone else.
INTEREST LIMITATIONS. If the interest provisions herein shall result, at any time during the loan, in an effective rate of
interest which, for any month, exceeds the limit of usury or other laws applicable to the loan, all sums in excess of those
lawfully collectible as interest of the period in question shall, without further agreement or notice between or by any
party hereto, be applied towards the principal immediately upon receipt of such monies by the Lender, with the same
force and effect as though the Borrower has specifically designated such extra sums to be so applied to principal and the
Lender had agreed to accept such extra payment(s) as a premium-free prepayment.
SUCCESSORS. The terms and conditions of this Promissory Note shall inure to the benefit of and shall be binding and
severally upon the successors, assigns, heirs, survivors and personal representatives of the Borrower and Lender and
shall inure to the benefit of any of Lender's legal representatives, successors and assigns.
SEVERABILITY. In the event that any provision, clause, sentence, section or other part of this Promissory Note is held to
be invalid, illegal, inapplicable, unconstitutional, contrary to public policy, void or unenforceable in law to any person or
circumstance, Borrower and Lender intend that the balance of this Promissory Note shall nevertheless remain in full
force and effect.
GOVERNING LAW. This Note is governed and controlled as to validity, enforcement, interpretation, construction, effect
and in all other respects by the statutes, laws and decisions of the State of Texas, without regard to its conflict of law's
provisions.
The Borrower and Lender acknowledge and agree that any arbitration brought under this Note shall be venue in Texas.
WAIVER OF DEFENSES. OTHER THAN CLAIMS BASED UPON THE FAILURE OF THE LENDER TO ACT IN A
COMMERCIALLY REASONABLE MANNER, THE BORROWER WAIVES EVERY PRESENT AND FUTURE DEFENSE
(OTHER THAN THE DEFENSE OF PAYMENT IN FULL), CAUSE OF ACTION, COUNTERCLAIM OR SETOFF WHICH THE
BORROWER MAY NOW HAVE OR HEREAFTER MAY HAVE TO ANY ACTION BY THE LENDER IN ENFORCING THIS
NOTE. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE LENDER GRANTING ANY FINANCIAL
ACCOMMODATION TO THE BORROWER.
BORROWER REPRESENTS AND WARRANTS THAT PRIOR TO SIGNING THIS PROMISSORY NOTE, S/HE HAS READ
AND UNDERSTANDS ALL THE PROVISIONS OF THIS PROMISSORY NOTE AND AGREES TO BE BOUND HEREBY.
BORROWER AND LENDER AGREE THAT THEY HAVE HAD OPPORTUNITY TO SEEK ADVICE OF COUNSEL PRIOR TO
SIGNING THIS NOTE.
SIGNATURES:
(Signature of Borrower) Vv
David Dawson Elizabeth Chandini Portteus
8\2\2
(DatePROMISSORY NOTE
NOTARY ACKNOWLEDGMENT
ih
on} cts 2} H4}-) the aforementioned Borrower and Lender did personally appear before me, and being
personally knoWn to me (or proven to me on the basis of satisfactory evidence) to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity,
and that by their signatures on the instrument above, or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal. meee bag,
\S Ro,
nature of Notary)
s
“4M. gy 0% WS
~ EXP. “
— aw
“Ss fo
(Printed Notary Name}
My Commission Expires: ad ! {0 [202 Y0041808 11-24
Office AU # 7210(8)
Remitter: DAVID DAWSON
Purchaser, DAVID DAWSON
Purchaser Account: .....5197
Operator 1.D. u511795
Funding Source: Electronic Item(s)
CASHIER'S CHECK
PAY TO THE ORDER OF ***CHANDINI PORTTEUS GLOBAL PARTNERS, LLC***
“Twenty Thousand and 00/100 -US Dollars **
Payee Address:
Memo:
WELLS FARGO BANK, N.A.
4301 LOVERS LN
DALLAS, TX 75225
FOR INQUIRIES CALL (480) 394-3122
NOTICE TO PURCHASER-IF THIS INSTRUMENT IS LOST,
STOLEN OR DESTROYED, YOU MAY REQUEST CANCELLATION
AND REISSUANCE. AS A CONDITION TO CANCELLATION AND
REISSUANCE, WELLS FARGO & COMPANY MAY IMPOSE A FEE
AND REQUIRE AN INDEMNITY AGREEMENT AND BOND.
Purchaser Copy
SERIAL #: 4180801812
ACCOUNT#: 4861-512861
August 2, 2021
**$20,000.00**
VOID IF OVER US $ 20,000.00
NON-NEGOTIABLEAMERICAN ARBITRATION ASSOCIATION
DAVID DAWSON, §
Claimant. §
§
v. § CASE NO. 01-22-0000-9526
8
ELIZABETH CHANDINI PORTTEUS §
Respondent. §
AWARD
I, Michael W. Johnston, THE UNDERSIGNED ARBITRATOR, having been designated
in accordance with the arbitration agreement entered into between the above-named parties
executed on August 2, 2021 and having been duly sworn, and having duly heard the proofs and
allegations of the Claimant, and the Respondent having failed to appear after due notice by mail
in accordance with the Rules of the American Arbitration Association, hereby AWARD as
follows:
ON THE 19"! DAY OF DECEMBER 2022 came onto be heard the Final Arbitration
Hearing in connection with the above-referenced Arbitration case. The Claimant, David Dawson,
appeared in person. Even though duly notified, Respondent, Elizabeth Chandini Portteus, did not
appear either in person or through a representative. The Final Hearing was to begin at 10:00 a.m.
The Arbitrator delayed the start of the Hearing to 10:25 a.m. in the event that Ms. Portteus was
running late. After she did not appear by 10:25 a.m., the Final Hearing commenced.
David Dawson presented documented evidence and testimony in support of this Complaint.
After consideration of the documentary evidence and testimony presented, this Arbitrator is of the
opinion that an Award should be rendered in favor of Claimant, David Dawson, and against
Respondent, Elizabeth Chandini Portteus as follows:
AWARD- Page 1oS
1. The principal unpaid balance of the Promissory Note that is the subject of this
Arbitration. ..$80,000.00;
2. Late fees as set forth in the Promissory Note ($500.00 per month)...$6,000.00;
3, American Arbitration Association administrative fees...$3,300.00; and
4. Arbitrator fees...$1,281.00.
TOTAL. ..$90,581.00.
The administrative fees and expenses of the American Arbitration Association totaling $3,300.00
shall be borne $3,300.00 by Elizabeth Chandini Portteus, and the compensation of the arbitrator
totaling $1,281.00 shall be borne $1,281.00 by Elizabeth Chandini Portteus. Therefore, Elizabeth
Chandini Portteus is required to pay David Dawson, an amount of $4,581.00 as set forth above.
The above sums are to be paid on or before 30 days after the date of this Award.
This Award is in full settlement of all claims and counterclaims submitted to this Arbitration. All
claims and relief not specifically provided herein is expressly DENIED.
SIGNED THIS THE DAY OF JANUARY 2023.
M fea W. ig
| Arbitrator
AWARD- Page 2
Preview
CAUSE NO. VI DDAWSON, IN THE DISTRICT COURT Plaintiff, : ; ENTONCOUNTY, TEXAS LIZABETH CHANDINI PORTTEUS, : Defendant. § ____ JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITIONTO CONFIRM ARBITRATION AWARD Comesnow, vid Dawson Plaintiff, and files this Plaintiff’ s Original Petition to Confirm Arbitration Award applying to this Court for an order under the Texas Civil Practices & Remedies Code, and will show as follows: I. DISCOVERYAND RULE 47 Discovery in this case is intended to be conducted under Level 2 of T.R.C.P. 190. Plaintiff seeks only monetary relief o or less, excluding interest, statutory or punitive damages and penalties, and attomey’s fees and costs II. PARTIES Plaintiff avid Dawson Dawson” or “Plaintiff”) is an individual residing in Denton County, Texas. Defendant Elizabeth Chanini Portteus Portteus” or “Defendant”) is an individual resident of Dallas County, Texas who may be served with citation and a copy of the Petition by servingh ath residence located at4319 Emerson Avenue, Dallas, Texas 75205, or wherever she may be found. PLAINTIFF’S ORIGINAL PETITION - PAGE 1III. JURISDICTION AND VENUE Jurisdiction is proper in this court because all or a substantial part of the events giving rise to this cause of action occurred in Denton County, Texas causing injury to Plaintiff in entonCounty, Texas in an amount in excess of the minimum jurisdictional limit of this court. Venue is proper in this court pursuant to Tex. Civ. Prac. & Rem. Code § 15.002 because all ora substantial part of the events giving rise to this cause of action occurred in Denton County, Texas and Plaintiff's home residence is located in Denton County, Texas.This petition. is filed as an initial application in Denton County, the county in which the hearing before the arbitrator was held. STATEMENT OF FACTSAND CLAIMS OnAugust 2, 2021, Plaintiff and Defendant entered into a written Promissory Note in which the parties agreed to arbitrate any disputes as follows: “Any controversy or claim arising out of or relating to this Note, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by said arbitration may be entered. in any court of competent jurisdiction. On December 31, 2021, a controversy arose between Plaintiff and Defendant in that the Defendant breached the Promissory Note. The arbitration agreement described above required the parties to arbitrate this controversy related to any breach of the Promissory Note. On December 19, 2022, arbitration proceedings were held in accordance with the arbitration agreement and an award was made on January 15, 2023. In particular, Plaintiff A true and conect copy of the Promissory Note is attached hereto as Exhibit 1 and incorporated by reference herein. PLAINTIFF’S ORIGINAL PETITION PAGEcomplied with all requirements in the agreement regarding the conduct of the arbitration proceedings. Plaintiff has retained Todd Hoodenpyle and the law firm of Singer & Levick, P.C. to represent Plaintiff in this action and has agreed to pay the firm reasonable and necessary attomey’ s fees. The time for bringing an action to vacate, modify or correct the award has passed. and Defendant has not filed any such action. WHEREFORE, Plaintiff David Dawson requests that Defendant Elizabeth Chanini Portteus be cited to appear and answer herein and that on final trial, Plaintiff David Dawson have judgment as follows: The Court enter judgment confimning the arbitration award as made. Attomey’s fees. Costs of Court. uch other and further relief, both at law and in equity, to which the Plaintiff may bejustly entitled. A true and conect copy of the Award is attached hereto as Exhibit 2 and incorporated by reference herein. PLAINTIFF’S ORIGINAL PETITION PAGEhoodenpyle@singerlevick.com Singer & Levick, P.C. 16200 Addison Road, Suite 140 Addison, Texas 75001 Telephone: Facsimile: ATTORNEYS FOR PLAINTIFF PLAINTIFF'S ORIGINAL PETITION PAGEPROMISSORY NOTE Principal Sum: $75,850.00 Distribution: $20,000 USD Cash Transferred to Chandini Portteus Chase Business Account on 8/3/2021 $1,950 USD Paid on Rent for 4319 Emerson Ave — Back Unit on 5/7/2021 $1,950 USD Paid on Rent for 4319 Emerson Ave — Back Unit on 4/6/2021 $1,950 USD Paid on Rent for 4319 Emerson Ave — Back Unit on 3/5/2021 $50,000 USD Paid for Feedbox License Agreement Payment on 12/31/2020 Commencement Date: August 3, 2021 Due Date: December 31, 2021 Lender Name David Dawson Lender Address 9209 Sandhills Dr Argyle, Texas 76226 Borrower Name Elizabeth Chandini Portteus Borrower Address 4319 Emerson Ave Dallas, Texas 75205 FOR VALUE RECEIVED in the amount of $75,850.00 (Seventy-Five Thousand Eight Hundred Fifty Dollars), the under signed Borrower promises to pay as set out in this Promissory Note to the Lender or its successors and assigns, at such place as the Lender hereof may designate from time to time in writing, in lawful money of the United States of America, the Principal Sum of $75,850.00 plus a lending fee of $4,150.00, as provided for herein. PAYMENTS. Borrower will pay to Lender the sum of $80,000.00, including the principal amount of the Note plus any relevant interest, lending or processing fee (if any), all late charges or returned payment charges, as well as all other amounts that may become due under this Note by no later than December 31, 2021. - Terms. Payments shall be made on an annual basis, in the amount of $80,000.00 beginning on the thirty-first day of December 2021. - Delivery. Payments shall be delivered to the Lender at the address shown above or any other such address as Lender may later designate with proper notice to the Borrower. - Prepayments. The Borrower shall have the right to prepay this Promissory Note, in whole or in part, prior to the final installment date without incurring any penalty. If the Borrower prepays the Note in part, the Borrower agrees to continue to make the regularly scheduled payments until all amounts due under this Note are paid. FAILURE TO PAY. If the Lender has not received the full amount of any payments after the due date, the Borrower shall owe a late payment fee to the Lender of $500 per Month late fee, due immediately, in addition to the previously owed balance. If the owed balance and the late fee are not paid promptly, the Lender may, at his/her option, declare the Note in default. COLLECTION COSTS. If any payment obligation under this Note is late, the Borrower promises to pay all costs of collection, including attorney's fees and costs. DEFAULT. The occurrence of any one or more of the following events constitutes an "Event of Default" under this Note: - The failure of the Borrower to pay the Principal Amount and the Interest Amount and any other sums owed hereunder when due; - The Borrower files bankruptcy, becomes insolvent, or is otherwise unable to pay its debts as they come due; - An application for the appointment of a receiver for the Borrower; - Borrower fails to comply with any other obligations under the terms of this Note. If an Event of Default occurs, Lender shall be permitted to pursue all rights and remedies allowed by this Note or available at law. REMEDIES. At the election of the Lender, and upon notice to the Borrower, the Principal Amount and Interest Amount remaining unpaid under this Note, and any other amounts due hereunder, shall be and become immediately due and payable in full upon the occurrence of any Event of Default. Failure to exercise this option shall not constitute a waiver of the right to exercise same in the event of any subsequent Event of Default. No holder hereof shall, by any act of omission or commission, be deemed to waive any of its rights, remedies or powers hereunder or otherwise unless such waiver is in writing and signed by the holder hereof, and then only to the extent specifically set forth therein. The rights, remediesPROMISSORY NOTE and powers of the holder thereof, as provided in this Note, are cumulative and concurrent, and may be pursued singly, successively or together against the Borrower, any Guarantor hereof, the Security Interest, and any other security given at any time to secure the repayment hereof, all at the sole discretion of Lender. In the event the default is cured prior to notice to the Borrower from the Lender demanding immediate payment, then the default shall be dismissed and there shall be no Event of Default for that occurrence. Any controversy or claim arising out of or relating to this Note, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by said arbitration may be entered in any court of competent jurisdiction. NOTICES. Any notice that must be given to Borrower under this Note shall be given by delivering it or by mailing it by certified mail addressed to Borrower at the Borrower's address above. If Borrower provides a different address than the address listed above, Lender must give notice to Borrower at the most current address provided. Any notice that must be given to the Lender under this Note will be given by mailing by certified mail to the Lender at the Lender's address above. If Lender provides a different address than the address listed above, Borrower must give notice to Lender at the most current address provided. ASSIGNMENT. As per the terms of this Note and by agreement between the Parties hereto: Borrower may not assign, sell or otherwise transfer the Borrower's rights under this Note to anyone else. Lender may assign, sell or otherwise transfer the Lender's rights under this Note to anyone else. INTEREST LIMITATIONS. If the interest provisions herein shall result, at any time during the loan, in an effective rate of interest which, for any month, exceeds the limit of usury or other laws applicable to the loan, all sums in excess of those lawfully collectible as interest of the period in question shall, without further agreement or notice between or by any party hereto, be applied towards the principal immediately upon receipt of such monies by the Lender, with the same force and effect as though the Borrower has specifically designated such extra sums to be so applied to principal and the Lender had agreed to accept such extra payment(s) as a premium-free prepayment. SUCCESSORS. The terms and conditions of this Promissory Note shall inure to the benefit of and shall be binding and severally upon the successors, assigns, heirs, survivors and personal representatives of the Borrower and Lender and shall inure to the benefit of any of Lender's legal representatives, successors and assigns. SEVERABILITY. In the event that any provision, clause, sentence, section or other part of this Promissory Note is held to be invalid, illegal, inapplicable, unconstitutional, contrary to public policy, void or unenforceable in law to any person or circumstance, Borrower and Lender intend that the balance of this Promissory Note shall nevertheless remain in full force and effect. GOVERNING LAW. This Note is governed and controlled as to validity, enforcement, interpretation, construction, effect and in all other respects by the statutes, laws and decisions of the State of Texas, without regard to its conflict of law's provisions. The Borrower and Lender acknowledge and agree that any arbitration brought under this Note shall be venue in Texas. WAIVER OF DEFENSES. OTHER THAN CLAIMS BASED UPON THE FAILURE OF THE LENDER TO ACT IN A COMMERCIALLY REASONABLE MANNER, THE BORROWER WAIVES EVERY PRESENT AND FUTURE DEFENSE (OTHER THAN THE DEFENSE OF PAYMENT IN FULL), CAUSE OF ACTION, COUNTERCLAIM OR SETOFF WHICH THE BORROWER MAY NOW HAVE OR HEREAFTER MAY HAVE TO ANY ACTION BY THE LENDER IN ENFORCING THIS NOTE. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE LENDER GRANTING ANY FINANCIAL ACCOMMODATION TO THE BORROWER. BORROWER REPRESENTS AND WARRANTS THAT PRIOR TO SIGNING THIS PROMISSORY NOTE, S/HE HAS READ AND UNDERSTANDS ALL THE PROVISIONS OF THIS PROMISSORY NOTE AND AGREES TO BE BOUND HEREBY. BORROWER AND LENDER AGREE THAT THEY HAVE HAD OPPORTUNITY TO SEEK ADVICE OF COUNSEL PRIOR TO SIGNING THIS NOTE. SIGNATURES: (Signature of Borrower) Vv David Dawson Elizabeth Chandini Portteus 8\2\2 (DatePROMISSORY NOTE NOTARY ACKNOWLEDGMENT ih on} cts 2} H4}-) the aforementioned Borrower and Lender did personally appear before me, and being personally knoWn to me (or proven to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument above, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. meee bag, \S Ro, nature of Notary) s “4M. gy 0% WS ~ EXP. “ — aw “Ss fo (Printed Notary Name} My Commission Expires: ad ! {0 [202 Y0041808 11-24 Office AU # 7210(8) Remitter: DAVID DAWSON Purchaser, DAVID DAWSON Purchaser Account: .....5197 Operator 1.D. u511795 Funding Source: Electronic Item(s) CASHIER'S CHECK PAY TO THE ORDER OF ***CHANDINI PORTTEUS GLOBAL PARTNERS, LLC*** “Twenty Thousand and 00/100 -US Dollars ** Payee Address: Memo: WELLS FARGO BANK, N.A. 4301 LOVERS LN DALLAS, TX 75225 FOR INQUIRIES CALL (480) 394-3122 NOTICE TO PURCHASER-IF THIS INSTRUMENT IS LOST, STOLEN OR DESTROYED, YOU MAY REQUEST CANCELLATION AND REISSUANCE. AS A CONDITION TO CANCELLATION AND REISSUANCE, WELLS FARGO & COMPANY MAY IMPOSE A FEE AND REQUIRE AN INDEMNITY AGREEMENT AND BOND. Purchaser Copy SERIAL #: 4180801812 ACCOUNT#: 4861-512861 August 2, 2021 **$20,000.00** VOID IF OVER US $ 20,000.00 NON-NEGOTIABLEAMERICAN ARBITRATION ASSOCIATION DAVID DAWSON, § Claimant. § § v. § CASE NO. 01-22-0000-9526 8 ELIZABETH CHANDINI PORTTEUS § Respondent. § AWARD I, Michael W. Johnston, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agreement entered into between the above-named parties executed on August 2, 2021 and having been duly sworn, and having duly heard the proofs and allegations of the Claimant, and the Respondent having failed to appear after due notice by mail in accordance with the Rules of the American Arbitration Association, hereby AWARD as follows: ON THE 19"! DAY OF DECEMBER 2022 came onto be heard the Final Arbitration Hearing in connection with the above-referenced Arbitration case. The Claimant, David Dawson, appeared in person. Even though duly notified, Respondent, Elizabeth Chandini Portteus, did not appear either in person or through a representative. The Final Hearing was to begin at 10:00 a.m. The Arbitrator delayed the start of the Hearing to 10:25 a.m. in the event that Ms. Portteus was running late. After she did not appear by 10:25 a.m., the Final Hearing commenced. David Dawson presented documented evidence and testimony in support of this Complaint. After consideration of the documentary evidence and testimony presented, this Arbitrator is of the opinion that an Award should be rendered in favor of Claimant, David Dawson, and against Respondent, Elizabeth Chandini Portteus as follows: AWARD- Page 1oS 1. The principal unpaid balance of the Promissory Note that is the subject of this Arbitration. ..$80,000.00; 2. Late fees as set forth in the Promissory Note ($500.00 per month)...$6,000.00; 3, American Arbitration Association administrative fees...$3,300.00; and 4. Arbitrator fees...$1,281.00. TOTAL. ..$90,581.00. The administrative fees and expenses of the American Arbitration Association totaling $3,300.00 shall be borne $3,300.00 by Elizabeth Chandini Portteus, and the compensation of the arbitrator totaling $1,281.00 shall be borne $1,281.00 by Elizabeth Chandini Portteus. Therefore, Elizabeth Chandini Portteus is required to pay David Dawson, an amount of $4,581.00 as set forth above. The above sums are to be paid on or before 30 days after the date of this Award. This Award is in full settlement of all claims and counterclaims submitted to this Arbitration. All claims and relief not specifically provided herein is expressly DENIED. SIGNED THIS THE DAY OF JANUARY 2023. M fea W. ig | Arbitrator AWARD- Page 2