IN THE SUPREME COURT OF BERMUDA CIVIL JURISDICTION. 2018: No. ) '?Lt CLUB 10 FOUNDATION LIMITED. and SPECIALLY ENDORSED WRIT OF SUMMONS.

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1 IN THE SUPREME COURT OF BERMUDA CIVIL JURISDICTION 2018: No. ) '?Lt BETWEEN: CLUB 10 FOUNDATION LIMITED Plaintiff and MYRON SIMMONS Defendant SPECIALLY ENDORSED WRIT OF SUMMONS ELIZABETH THE SECOND, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO: Myron Simmons OF: Address Unknown WE COMMAND YOU that within fourteen days after the service of this Writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of CLUB 10 FOUNDATION LIMITED and take notice that in default of your so doing the Plaintiff may proceed therein and judgment may be given in your absence. WITNESS the Honourable Mr Narinder Hargun, Chief Justice of Our said Court, the -:;t '1" 'day of ~u...::.t-- in the year of Our Lord Two Thousand and Eighteen.

2 NOTE - This Writ may not be served more than twelve calendar months after the above date thereof, or, if renewed, within six calendar months from the date of the last renewal, including the day of such date, and not afterwards. DIRECTIONS FOR ENTERING AN APPEARANCE The Defendant may enter an appearance in person or by an attorney either (1) by handing in the appropriate forms, duly completed, at the Registry of the Supreme Court at 2 nd Floor Government Administration Building, Hamilton, Bermuda, or (2) by sending them to the Registry by post. NOTE - If the Defendant enters an appearance, then, unless a summons for judgment is served on them in the meantime, they must also serve a defence on the attorney for the Plaintiff within fourteen days after the last day of the time limited for entering an appearance, otherwise judgment may be entered against them without notice. STATEMENT OF CLAIM Background ( 1. The Plaintiff is and was at all material times a company in the Islands of Bermuda. 2. The Defendant is an individual who is and was at all material times resident in the Islands of Bermuda. 3. The Defendant entered into four written loan agreements with Club 10, as follows: i. Loan 1902 for the amount of $118, (inclusive of the principal sum of $100,000.00, interest of $14,000.00, and fees of $4,776) dated 16 October 2007 ("Loan 1902"). There is no stated purpose for this Loan 1902;

3 ii. Loan 1970 for the amount of $402, (inclusive of the principal sum of $350, and fees of $52,500.00) dated 15 July 2009 for the following purpose as provided in the loan: "to assist in the financing of making repairs to a house located in Happy Valley " ("Loan 1970 "); iii. Loan 1975 for the amount of $294, (inclusive of the principal sum of $200, plus interest of $70, plus fees of $24,000.00) dated 27 August 2009 for the following purpose as provided in the loan: "to enhance cash to finance an emergency with son" ("Loan 1975 "); and iv. Loan 2002 for the amount of $55, (inclusive of the principal sum of $50,000.00, interest of $5, and fees of $8.00) dated 12 March 2010 for the following purpose as provided in the loan: "to provide funds to complete the restoration of Deep Dale Property " ("Loan 2002 "), for a total sum of BD$870, payable pursuant to Loans 1902, 1970, 1975, and 2002 (collectively, the "Loan Agreements"). 4. Up to the date of 29 March 2016, the Defendant had repaid a total of $332,004.67, which total included $ interest. Accordingly, the Defendant has repaid the entire ty of Loan 1902 and he has made partial payment towards Loan ( 5. The Defendant's payment of $332,004.67, which payment discharged Loan 1902 was also evidenced in a Promissory Note dated 15 October 2007 wherein the Defendant promised, inter alia, to repay the principal sum of $100, plus interest thereon at a rate of 9% per annum with payments at a minimum of BD$5, per month on or before 15 April The relevant provisions of Loans 1970, 1975 and 2002 are as follows: Loan 1970 "I, MYRON SIMMONS (Member # ), promise to pay Club 10 the total sum indicated under this loan number I agree to pay in installments on the last Friday of each month, or as otherwise agreed, beginning and ending Dec 09." "Note : payment deferred until later subject to meeting in Feb 201 O."

4 Loan 1970 states that the entire amount of $402, is repayable in a single payment. Loan 1975 "I, LIGHTBOURNE & SIMMONS (Myron Simmons), promise to pay Club 10 the total sum indicated under this loan number I agree to pay monthly installments, beginning Sep '09 and ending August 2014." Loan 1975 states that there will be monthly payments of $4,900 for 60 consecutive months. Loan 2002 "I, MYRON SIMMONS, promise to pay Club 10 the total sum indicated under this loan number I agree to pay monthly instalments, beginning April 2010 and ending March 2011" Loan 2002 states that monthly payments of $4,584 for 12 consecutive months. 7. On or around the 29 March 2016, Club 10 granted the Plaintiff all rights and liabilities associated with the above debt owed by the Defendant. The details of this agreement are set out in a written agreement between the Plaintiff and Myron Simmons dated 29 March 2016 where in the Defendant acknowledged the four loan agreements (see paragraph 3 above) and the outstanding debt owed by the Defendant to the Plaintiff of BD$538, as at 29 March 2016 (the "Agreement"). The Agreement was signed by Herman Basden, President of Club 10 Foundation, Joseph T. Christopher, Vice President of Club 1 O Foundation and Myron Simmons, the Defendant. 8. The Agreement states as follows: "Whereas Myron Simmons obtained four loans (loans 1902, 1970, 1975, 2002) from Club 10 totalling $870,284; AND Whereas Myron Simmons has repaid a total of $332, , which total includes $ interest earned as a member of Club 10 thus leaving an outstanding debt of $538,279.33; AND

5 Whereas Myron Simmons made his last payment to Club 10 in September 2014 after having missed several previous payment dates; AND Whereas Club 10 has granted Club 10 Foundation all rights and liabilities associated with the above debt owed by Myron Simmons to Club 10; It is hereby agreed that Myron Simmons shall pay monthly to Club 10 Foundation a scheduled payment of $2,000 on the 3 rd day of each month commencing in May This payment may be in cash or in any negotiable instrument that is accepted as equivalent to cash by local banks. { Failure to make the scheduled payments for two successive months will result in the matter being taken before the courts. Interest of 1% of the total debt outstanding on 31 st May of each succeeding year shall be added to the debt due and payable to Club 10 Foundation This agreement shall be reviewed 3d h April every third year with a view to increasing the monthly repaymenf' 9. Subsequent to the Agreement, the Defendant made two payments each for $1, on 6 March 2016 and 7 April 2016, thus reducing the total outstanding debt to BD$536,279.33, but the Defendant has not made any further payments. 1 o. In breach of the Agreement, the Defendant has failed to make monthly payments of $2,000 to the Plaintiff. To date, the Defendant has failed or refused to pay the total outstanding sum of $547, pursuant to terms of Loans 1970, 1975 and 2002 and the Agreement. The total outstanding balance on Loans 1970, 1975 and 2002 is $547, as at 22 August AND THE PLAINTIFF CLAIMS as against the Defendant: 1. For an Order that the defendant pay to the Plaintiff the sum of BD$547, as the total amount due and owing pursuant to the terms of Loans 1970, 1975, 2002 and the Agreement inclusive of interest as of 22 August Continuing interest on the sum due and owing under the Agreement at the annual rate of 1 % from 29 May 2016 until all sums due and owing under the Agreement are paid in full;

6 3. Costs; and 4. Such further or other relief that this Honourable Court considers just.!,-if) Dated this Jf day of August, ~ -~r~\\ b,e) ~ \'l\\)-,~22 µd), MARSHALL DIEL & MYERS LIMITED Attorneys for the Plaintiff This Writ was issued by Messrs Marshall Diel & Myers Limited, Barristers and Attorneys of, 31 Reid Street, Hamilton, Attorneys for the said Plaintiff. This Writ was served by me at Myron Simmons on day, the day of on the Defendant, Endorsed the day of, (Signed) l (Address)

7 IN THE SUPREME COURT OF BERMUDA CIVIL JURISDICTION BETWEEN: 2018: No. ~ l\,. \ CLUB 10 FOUNDATION LIMITED Plaintiff ~ -,. ',:s::,.. ~ and MYRON SIMMONS Defendant SPECIALLY ENDORSED WRIT OF SUMMONS Marshall Diel & Myers Limited Barristers & Attorneys 31 Reid Street Hamilton HM 12 Attorneys for the Plaintiff CH/dr/5260-4(1)