Preview
7/19/2021 10:50 PM FROM: Office Depot #2386 TO; +12146091434 P FILED
11/11/2021 11:07 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Kellie Juricek DEPUTY
CAUSE NO. DC-20-15592
SIMI WINTER IN THE DISTRICT COURT
PLAINTIFF,
v.
STH JUDICIAL DISTRICT
TABE PETROLEUM CORPORATION, §
KEVIN TABE, THERESIA TA8E, and
JOHN KANGHA
DEFENDANTS. DALLAS COUNTY, TEXAS.
AFFIDAVIT OF DAMAGES and STATEMENT OF CLAIM
AFFIDAVIT OF DAMAGES
In accordance with records of the Plaintiff regarding Damages .
The Plaintiff asserts that the Defendant is in arrears in payment of Damages in the amount of $23,310.00
as of 07/10/2021.
The Plaintiff seeks to recover the damages amount plus attorneys fee$ 3,500, associated with filing and service
fees.
STATEMENT OF CLAIM
The Plaintiffs claims that the Defendants has failed to make payments for damages in the following:
Damages/Fees Amount Owed
Loan Principal $ 20,000.00
Loan Interest $363.63
Loan Fees $ 2,946.25
Attorneys Fee $ 3,500
Date
to -2.
Plaintiff's Signature
ee
State of TEXAS , County of DALLAS
SUBSCRIBE AND SWORN TO BEFORE ME, the undersigned authority on A 2021
NOTARY PUBLIC STATE OF TEXAS
MY COMM, EXP. 11/14/2021
bw
tary Public , ate of Texas
NOTARY iD 12962388-9
I VESTMENT AGREEMENT
THIS INVESTMENT AGREEMENT (the “Investment”), is made this 12th day of February,
2019, by and among Simi Grace Winter, (hereinafter, known as “INVESTOR”) and Tabe
Petroleum Corporation, Inc., (hereinafter, known as “TABE”). TABE and INVESTOR shall
collectively be known herein as “the Parties”. In determining the rights and duties of the Parties
under this Investment Agreement, the entire document must be read as a whole.
INVESTMENT
FOR VALUE RECEIVED, TABE promises to pay to the order of INVESTOR, the sum of
$20,000.00 dollars together with interest thereon at a rate of 20 percent (%) per annum.
ADDITIONAL INVESTMENT TERMS
The INVESTOR and TABE, hereby further set forth their rights and obligations to one another
under this Investment Agreement and agree to be legal bound as follows:
A
Principal Investment Amount: $20,000.00, to be investment at 800 Carter Street, Vidalia, LA.
Investment Repayment Terms.
TABE will make payment(s) to INVESTOR in 11 installment of $363.63 starting July 30, 2019
to June 30, 2020. On the 12th month, TABE will pay INVESTOR $20,000.
Cc.
Method of Investment Payment.
TABE shall make all payments called for under this Investment Agreement by sending check or
other negotiable instrument made payable to: Simi Grace Winter.
Page 1 of 5
D.
Default.
The occurrence of any of the following events shall constitute a Default by TABE of the terms of
this Investment Agreement:
1)
TABE’S failure to pay any amount due as principal or interest on the date required under this
Investment Agreement.
2)
TABE seeks an order of relief under the Federal Bankruptcy laws.
3)
A federal tax lien is filed against the assets of TABE on the property.
Additional Provisions Regarding Default.
1)
Addressee and Address to which INVESTOR is to give TABE written notice of default:
4100 Spring Valley Road, Ste. 657
Dallas, TX 75244 and/or
ktabe@law.gwu.edu
If TABE gives written notice to INVESTOR that a different address shall be used, INVESTOR
shall use that address for giving notice of default (or any other notice called for herein) to TABE.
2)
Page 2 of 5
Cure of Default. Upon default, INVESTOR shall give TABE written notice of default. Mailing
of written notice by INVESTOR to TABE via U.S. Postal Service Certified Mail shall constitute
prima facie evidence of delivery. Electronic mail shall be sufficient. TABE shall have 5 days
afier receipt of written notice of default from INVESTOR to cure said default. In the case of
default due solely to TABE’S failure to make timely payment as called for in this Investment
agreement, TABE shall cure the default by: (i) making full payment of any principal and
accrued interest (including interest on these amounts) whose payment to INVESTOR is overdue
under the Investment Agreement and, also, the late-payment penalty described below.
3)
Penalty for Late Payment. There shall also be imposed upon TABE a 1% penal: for any late
payment computed upon the amount of any principal and accrued interest whose payment to
INVESTOR is overdue under this Investment Agreement and for which INVESTOR has
delivered a notice of default to TABE.
Parties That Are Not Individuals.
If any Party to this agreement is other than an individual (i.e., a corporation, a Limited Liability
Company, a Partnership, or a Trust), said Party, and the individual signing on behalf of said
Party, hereby represents and warrants that all steps and actions have been taken under the entity’s
governing instruments to authorize the entry into this Investment Agreement. Breach of any
representation contained in this paragraph is considered a material breach of the Investment
Agreement.
G.
Integration.
This Agreement sets forth the entire agreement between the Parties with regard to the subject
matter hereof. All prior agreements, representations and warranties, express or implied, oral or
written, with respect to the subject matter hereof, are superseded by this agreement. This is an
integrated agreement.
H.
Page 3 of 5
Severability.
In the event any provision of this Agreement is deemed to be void, invalid, or unenforceable, that
provision shall be severed from the remainder of this Agreement so as not to cause the invalidity
or unenforceability of the remainder of this Agreement. All remaining provisions of this
Agreement shall then continue in full force and effect. If any provision shall be deemed invalid
due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and
breadth permitted by law.
I.
Modification.
Except as otherwise provided in this document, this agreement may be modified, superseded, or
voided only upon the written and signed agreement of the Further, the physical
Parties.
destruction or loss of this document shall not be construed as a modification or termination of the
agreement contained herein.
J.
Exclusive Jurisdiction for Suit in Case of Breach.
The Parties, by entering into this agreement, submit to jurisdiction in State of Texas for
adjudication of any disputes and/or claims between the Parties under this agreement.
Furthermore, the Parties hereby agree that the courts of State of Texas shall have exclusive
jurisdiction over any disputes between the parties relative to this agreement, whether said
disputes sounds in contract, tort, or other areas of the law.
L.
State Law.
This Agreement shall be interpreted under, and governed by, the laws of the State of Texas.
IN WITNESS WHEREOF and acknowledging acceptance and agreement of the foregoing,
TABE and INVESTOR affix their signatures hereto.
TABE: -/s/Tabe Petroleum Corporation, Inc. (by Kevin Tabe as President)
Page 4 of 5
bw p
ZS
So
-/s/Kevin Ye capacity as President of Tabe Petroleum Corp., Inc.)
INVESTOR: _/s/ SIM] GRACE WINTER
Dated: February 12, 2019
Page 5 of 5
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Blessing Ananti
Bar No. 24098944
blessing@attorneyblessing.com
Envelope ID: 59095571
Status as of 11/12/2021 9:26 AM CST
Associated Case Party: SIMI WINTER
Name BarNumber | Email TimestampSubmitted Status
Blessing Ananti blessing@prosperitylawfirm.com 11/11/2021 11:07:44 PM | SENT
Associated Case Party: TABE PETROLEUM CORPORATION
Name BarNumber Email TimestampSubmitted Status
Kevin Tabe ktabe@law.gwu.edu 11/11/2021 11:07:44 PM SENT
Associated Case Party: KEVIN TABE
Name BarNumber Email TimestampSubmitted Status
Kevin Tabe ktabe@law.gwu.edu 11/11/2021 11:07:44 PM SENT
Associated Case Party: THERESIA TABE
Name BarNumber Email TimestampSubmitted Status
Kevin Tabe ktabe@law.gwu.edu 11/11/2021 11:07:44 PM SENT
Associated Case Party: JOHN KANGHA
Name BarNumber Email TimestampSubmitted Status
Kevin Tabe ktabe@law.gwu.edu 11/11/2021 11:07:44 PM SENT
Preview
7/19/2021 10:50 PM FROM: Office Depot #2386 TO; +12146091434 P FILED 11/11/2021 11:07 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Kellie Juricek DEPUTY CAUSE NO. DC-20-15592 SIMI WINTER IN THE DISTRICT COURT PLAINTIFF, v. STH JUDICIAL DISTRICT TABE PETROLEUM CORPORATION, § KEVIN TABE, THERESIA TA8E, and JOHN KANGHA DEFENDANTS. DALLAS COUNTY, TEXAS. AFFIDAVIT OF DAMAGES and STATEMENT OF CLAIM AFFIDAVIT OF DAMAGES In accordance with records of the Plaintiff regarding Damages . The Plaintiff asserts that the Defendant is in arrears in payment of Damages in the amount of $23,310.00 as of 07/10/2021. The Plaintiff seeks to recover the damages amount plus attorneys fee$ 3,500, associated with filing and service fees. STATEMENT OF CLAIM The Plaintiffs claims that the Defendants has failed to make payments for damages in the following: Damages/Fees Amount Owed Loan Principal $ 20,000.00 Loan Interest $363.63 Loan Fees $ 2,946.25 Attorneys Fee $ 3,500 Date to -2. Plaintiff's Signature ee State of TEXAS , County of DALLAS SUBSCRIBE AND SWORN TO BEFORE ME, the undersigned authority on A 2021 NOTARY PUBLIC STATE OF TEXAS MY COMM, EXP. 11/14/2021 bw tary Public , ate of Texas NOTARY iD 12962388-9 I VESTMENT AGREEMENT THIS INVESTMENT AGREEMENT (the “Investment”), is made this 12th day of February, 2019, by and among Simi Grace Winter, (hereinafter, known as “INVESTOR”) and Tabe Petroleum Corporation, Inc., (hereinafter, known as “TABE”). TABE and INVESTOR shall collectively be known herein as “the Parties”. In determining the rights and duties of the Parties under this Investment Agreement, the entire document must be read as a whole. INVESTMENT FOR VALUE RECEIVED, TABE promises to pay to the order of INVESTOR, the sum of $20,000.00 dollars together with interest thereon at a rate of 20 percent (%) per annum. ADDITIONAL INVESTMENT TERMS The INVESTOR and TABE, hereby further set forth their rights and obligations to one another under this Investment Agreement and agree to be legal bound as follows: A Principal Investment Amount: $20,000.00, to be investment at 800 Carter Street, Vidalia, LA. Investment Repayment Terms. TABE will make payment(s) to INVESTOR in 11 installment of $363.63 starting July 30, 2019 to June 30, 2020. On the 12th month, TABE will pay INVESTOR $20,000. Cc. Method of Investment Payment. TABE shall make all payments called for under this Investment Agreement by sending check or other negotiable instrument made payable to: Simi Grace Winter. Page 1 of 5 D. Default. The occurrence of any of the following events shall constitute a Default by TABE of the terms of this Investment Agreement: 1) TABE’S failure to pay any amount due as principal or interest on the date required under this Investment Agreement. 2) TABE seeks an order of relief under the Federal Bankruptcy laws. 3) A federal tax lien is filed against the assets of TABE on the property. Additional Provisions Regarding Default. 1) Addressee and Address to which INVESTOR is to give TABE written notice of default: 4100 Spring Valley Road, Ste. 657 Dallas, TX 75244 and/or ktabe@law.gwu.edu If TABE gives written notice to INVESTOR that a different address shall be used, INVESTOR shall use that address for giving notice of default (or any other notice called for herein) to TABE. 2) Page 2 of 5 Cure of Default. Upon default, INVESTOR shall give TABE written notice of default. Mailing of written notice by INVESTOR to TABE via U.S. Postal Service Certified Mail shall constitute prima facie evidence of delivery. Electronic mail shall be sufficient. TABE shall have 5 days afier receipt of written notice of default from INVESTOR to cure said default. In the case of default due solely to TABE’S failure to make timely payment as called for in this Investment agreement, TABE shall cure the default by: (i) making full payment of any principal and accrued interest (including interest on these amounts) whose payment to INVESTOR is overdue under the Investment Agreement and, also, the late-payment penalty described below. 3) Penalty for Late Payment. There shall also be imposed upon TABE a 1% penal: for any late payment computed upon the amount of any principal and accrued interest whose payment to INVESTOR is overdue under this Investment Agreement and for which INVESTOR has delivered a notice of default to TABE. Parties That Are Not Individuals. If any Party to this agreement is other than an individual (i.e., a corporation, a Limited Liability Company, a Partnership, or a Trust), said Party, and the individual signing on behalf of said Party, hereby represents and warrants that all steps and actions have been taken under the entity’s governing instruments to authorize the entry into this Investment Agreement. Breach of any representation contained in this paragraph is considered a material breach of the Investment Agreement. G. Integration. This Agreement sets forth the entire agreement between the Parties with regard to the subject matter hereof. All prior agreements, representations and warranties, express or implied, oral or written, with respect to the subject matter hereof, are superseded by this agreement. This is an integrated agreement. H. Page 3 of 5 Severability. In the event any provision of this Agreement is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of this Agreement so as not to cause the invalidity or unenforceability of the remainder of this Agreement. All remaining provisions of this Agreement shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law. I. Modification. Except as otherwise provided in this document, this agreement may be modified, superseded, or voided only upon the written and signed agreement of the Further, the physical Parties. destruction or loss of this document shall not be construed as a modification or termination of the agreement contained herein. J. Exclusive Jurisdiction for Suit in Case of Breach. The Parties, by entering into this agreement, submit to jurisdiction in State of Texas for adjudication of any disputes and/or claims between the Parties under this agreement. Furthermore, the Parties hereby agree that the courts of State of Texas shall have exclusive jurisdiction over any disputes between the parties relative to this agreement, whether said disputes sounds in contract, tort, or other areas of the law. L. State Law. This Agreement shall be interpreted under, and governed by, the laws of the State of Texas. IN WITNESS WHEREOF and acknowledging acceptance and agreement of the foregoing, TABE and INVESTOR affix their signatures hereto. TABE: -/s/Tabe Petroleum Corporation, Inc. (by Kevin Tabe as President) Page 4 of 5 bw p ZS So -/s/Kevin Ye capacity as President of Tabe Petroleum Corp., Inc.) INVESTOR: _/s/ SIM] GRACE WINTER Dated: February 12, 2019 Page 5 of 5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Blessing Ananti Bar No. 24098944 blessing@attorneyblessing.com Envelope ID: 59095571 Status as of 11/12/2021 9:26 AM CST Associated Case Party: SIMI WINTER Name BarNumber | Email TimestampSubmitted Status Blessing Ananti blessing@prosperitylawfirm.com 11/11/2021 11:07:44 PM | SENT Associated Case Party: TABE PETROLEUM CORPORATION Name BarNumber Email TimestampSubmitted Status Kevin Tabe ktabe@law.gwu.edu 11/11/2021 11:07:44 PM SENT Associated Case Party: KEVIN TABE Name BarNumber Email TimestampSubmitted Status Kevin Tabe ktabe@law.gwu.edu 11/11/2021 11:07:44 PM SENT Associated Case Party: THERESIA TABE Name BarNumber Email TimestampSubmitted Status Kevin Tabe ktabe@law.gwu.edu 11/11/2021 11:07:44 PM SENT Associated Case Party: JOHN KANGHA Name BarNumber Email TimestampSubmitted Status Kevin Tabe ktabe@law.gwu.edu 11/11/2021 11:07:44 PM SENT