I, the undersigned, John Holmes, Identity Number 00124587, with permanent residence on East Boulevard Nr. 45, apt. 42, Washington (hereinafter referred to as the ‘Debtor’) do hereby acknowledge myself to be truly and lawfully indebted to
James Van Brijk, Identity Number 00215125, Address West Street nr. 1245, Washington (hereinafter referred to as the Creditor)
in the sum of USD 9 million (nine million US dollars) together with interest being in respect of 12 per cent annual rate.
1. Renouncing the legal exceptions non numeratae pecunia, non causa debiti and erroris calculi, I hereby undertake to
1.1 repay the capital sum of 9 million USD together with interest thereon by 12th of May 2014 together with interest at the rate of 12 per centum per annum calculated from date of signature of this Acknowledgement of Debt to date of payment.
1.2 make payment in terms hereof at the offices of Apex Solution Ltd, or at any other address as the Creditor may advise me from time to time.
2. In the event of my failing to make payment on due date as aforesaid, I acknowledge that the full capital together with costs and interest will become due and payable without further notice and that the Creditor’s rights against me shall not be deemed to have been waived should he accept any late payment from me.
3. I further consent that should payment not be made timeously on the due date, the Creditor’s attorneys may without any further notice to me obtain judgment in terms of Section 57 and 58 of the Magistrate’s Court’s Act 32 of 1944 based on this Acknowledgement of Debt.
4. I consent to the jurisdiction of the Magistrate’s Court for any action arising out of this Acknowledgement of Debt and specifically consent that this agreement includes a Consent to Judgment in terms of the Magistrate’s Court Act, in the event of default to pay in terms of this Acknowledgement of Debt.
For all purposes hereunder including the service of all or in process I hereby choose as my domicilium citandi et executandi at the address hereinbefore contained.
SIGNED at Washington, on September, 9, 2013..
1. MS Yana Ivanova
2. Mr Christian Mayer