= a 2 ad a ° gq 3 g s o = Fp 4 3 2 e 5 3 ° 2 2 Ss x o fe) D FILED Received for This case has been designated as an eFiling case. To review a copy of the Notice of Mandatory eFiling visit www.oakgov.com/efiling. STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND MSY CAPITAL, LLC, 2020-182680-CK a Michigan Limited Liability Company JUDGE SHALINA KUMAR Plaintiff, Case No. 20- -CK y Hon. RICK JOHNSON., Defendant. DeLUCA LAW FIRM, P.C. By: Frank M, DeLuca (P41604) Attorneys for Plaintiff 1615 S. Telegraph, Suite 300 Bloomfield Hills, MI 48302 (248) 763-8765 find@delucape.com Thee is no eter evil action between these pate rising out oF the seme tansacton or oceurence as alleged inthis complaint peng inthis cout, noc has any such action been previously filed and dismissed or transferred lr having ben assigned 1 judge, nor do | know of any oer civil ection, not between these parts, rising ou ofthe sae ansaction or occurrence as alleged in this complaint hots either pending or wis proviously Tle and dismissed, transfered, or oiherwise ‘lsposed of after having been asigned toa jade in his court Frank M DeLuca PRANK M. Del-UCA (P41604) Attorney for Plaintiff COMPLAINT NOW COMES Plaintiff, MSY Capital, LLC, by and through its attorneys, DeLuca Law Firm, P.C,, and states the following as its Complaint against Defendant, Rick Johnson:PARTI ICTION AND VENUE SURI 1, Plaintiff MSY Capital, LLC is a Michigan Limited Liability Company with offices located in the City of Bloomfield Hills, Oakland County, Michigan. 2, Defendant Rick Johnson is an individual residing at 16209 13 Mile Rd, village of Leroy, Osceola, County Michigan. 3, ‘This Court has jurisdiction over the Defendant as Defendant has consented to jurisdiction of this Court pursuant to a duly executed Promissory Note. 4, The amount in controversy exceeds the sum of $25,000.00, exclusive of interest, costs and attorney fees. COUNT BREACH OF PROMISSORY NOTE/ACCOUNT STATED. 5, Plaintiff repeats and incorporates Paragraphs 1 through 5 as set forth above. 6. On June 19, 2019, Plaintiff entered into a Promissory Note with Defendant in the amount of $75,000 (hereinafter referred to as the “Note”). A copy of the Note is attached hereto as Exhibit A 7. ‘The Note was secured by certain collateral evidenced and attached to the Note as Exhibit A. 8. Pursuant to said Note, Defendant agreed to repay the principle sum of $75,000 within sixty (60) of the date of the Note. 9. Defendant has received all credits to which he is entitled and is justly indebted to Plaintiff in the amount of $69,787.47 as shown by the Affidavit of Account Stated attached as Exhibit B. 10, ‘That on account of Defendant's breach, Plaintiff has suffered damages in the amount of $69,787.47.11. By reason of the foregoing, such balance due became an account stated and Defendant thereby became indebted to Plaintiff in the amount of $69,787.47. WHEREFORE, Plaintiff prays that this Honorable Court enter @ Judgment against Defendant and in favor of Plaintiff in the amount of $69,787.47, together with accrued interest, late fees, costs and attorney fees, Respectfully submitted, DeLUCA LAW FIRM, P.C. By: is/Frank M. Del. Frank M, DeLuca (P41604) Attorneys for Plaintiff 1615 S. Telegraph Rd, Suite 300 Bloomfield Hills, Michigan 48302 DATED: August 3, 2020 (248) 763-8765Exhibit APROMISSORY NOTE $975,000.00 Date: June 19, 2019 FOR VALUE RECEIVED, Riek Johnson (hereinafter called “Maker”), promises to pay to the onder of MSY Capital, LLC (Copether with any subsequent holder of this Note, heeinater called flee’ at it office at 1615 S. Telegraph Rd. Bloomfield Hils, MI 48302, or at another place es Holder may from time to time designate, the principal sum of $75,000.00. 1. Payments. ‘The foregoing principal, together with any applicable interest, will be payable as follows: ‘The principal sum of $75,000.00 will be due and payable sixty (60) days from the date hereof. Notwithstanding anything to the contrary inthis Note or any other agreement between’ Makes and Holder, the entire principal balance of this Note will be payable in fll on or Before, but no ater than, ‘August 21, 2019 or upon demand by the Holder (“Maturity Date”) 2, Late Charge. In the event payment under this Note is not made within one (1) day after the date when due Gwithout regard to grace periods), a late charge of $2,500.00 overdue wil become inemediately due and payable to Holder. The foregoing late charge is provided to compensa Holder for ite expense in collecting and administering delinquent payments and is not to be construed as interest. 4, Default Interest. After the maturity or due date of this Note, through acceleration oF otherwise, interest will accrue on the principal balance remaining unpaid at 10% per annum, of the highest rate of interest allowed by law, whichever is less 4. Application of Payments. All payments hereunder wil ist be ereited to any appliable interest and lawful charges then accrued and the remainder to principal 5, Prepayment, This Note may be prepaid in whole or part at any time without penalty. 6 Calealation of Interest. Al interest on this Note will be computed on the basis of the actual number of days elapsed in a 365-day year. 4. Collateral, The indebtedness evidenced by this Not, and all other indebtedness of Meker to Holder, however and whonever incured or evidenced, whether primary, secondary, direct, iniecy eer Mtngent, ol, joint, or several due ort become due, or which may be hereafter contac or seauired, whether arising i the ordinary course of business or otherwise (hereinaes with this Note, seetivly called “Liabilities”, is secured by certain farming equipment (“Equipment”), ose Greater det in Exhibit A attached hereto and incorporated hereln, and Maker permits Hoe © file UCC Fenton said Equipment located at 16209 13 Mile Ré, Leroy, Mi 49655; ot any other loraict! Holder thay tse and or store the Equipment (hereafter, jointly, the "Security”) collestvey. this Note, the apipment, UCC liens), and any other documents executed in connection with his Nove ove the “Loan cata eer Caupment and Security shall be called the “Collateral”. Holder wil have the fehis vith respect fo the Collateral as is authorized by law, If Maker has other Loans with Toler, Ot if Maker ain esther Yoans with Holder in the future, collateral securing those loans will also secure this NO, canst that iF Maker includes one oF more natral persons, Maker's primary dwelling wit 18 se this cree eas Maker has executed 2 mortgage on it in connection with this specific Note andthe property Is described in the space provided above.Maker, endorser, surely, guarantor, or other partes t0 this Note (all of whom are hereinafter called “Obligor”) jointly and severally agree as follows: ‘Additions to, releases, reductions, or exchanges of or substitutions forthe Colaeral, pay ie account ni ta br ineeazes of he same, oF ote Toans made arly oF wholly wpor he Collateral, we trom ne to time be made without affecting the provisions ofthis Note or the Liabilities of any party to this Note. & Default, Obligor wil be in default under this Note on: (2 nonpayment of any interest or principal under this Note when du; (b) failure of any Obligor to perform tr agreement under this Note rinetPa igo a ptt of this loan transaction orto pay in ful, when du, any fabifiy whatsoever to Holder ae onyinsafiment thereof oF interest om io” (e) the gpenrTence of any other default or event of default under the Loan Documents 9, Remedies, On the occurrence of any defilt under this Note, Holder ms) its option and without notice or demand: (2) declare the entre unpaid principal and gearued inves accelerated and se yd payable at once, together with any and all other lables of any Oa ov ‘of such liabilities aercted by Holder (b) set off against this Note all money owed by Holder in any capacity to each or any Gihiger whether or not due and also set off against all oter lialies of ‘each Obligor to Holder all Saas owed by Halder in any capacity to any Obligor, an Holder wil b> ‘deemed to have exercised such Tight of sto and to have made a charge against any money ised) Ot the occurrence of the default Tigh made or entered on the books subsequent thereto, and (©) ave itself of any and all remedies ano lew oF in equity, including any remedies available under this Note of Oy other Loan avaiable and at law or in equity. The remedies of Holder under this Note oF M0 Ott other Loan Documents amet law of in equity, will be cumulative and concurrent andl may Be pursued singly, successively or together in Holder's discretion. ted Any judgment rendered on this Note will bear intrest at the highest rate of interest Pen under applicable lave. 10, Assignablity by Holder. Holder may, at any time whether or not this Nore due, pledge or transfer this Note and its interest inthe Collateral, whereon Holder will be fe wved of all duties and csvonsbiies under this Note and relieved from any and all liabity ‘with respect to any Collateral pledged or transferred, and pledges or transferee will fora purposes stand in the place of Holder under this Note and have all the rights of Holder under this Note. 11, Usury Savings. In no event will Holder be entitled to unearned oF ‘unacerued interest or ater charges or rebates, except as may be authorized by laws nor will Hold bs entitled to or receive at Shy time any cherges not allowed or permitted by fw, or any interes {n exter, of the highest lawful rate. se ayments of interest in excess of the highest awful rate will credited by Holder on interest aaa aan pincpal or both; except that Makes will havea option to demand refund as to any interest or charges in excess of the highest lawful rate. 12, Waivers of Presentment, Demand, etc.: Notices: No detay or omission on the part of Holder in exereising any right under this Note will operate as a waiver of tha ih, OF of any other rights Horde fis Note, Presentment, demand, protest, notice of dishonor, and all one; mice Ot waived by ait and every Obligor. Obligor, jointly and severally, promises and agrees Pa all costs of collection cae arvoeable attomeys? fes, including reasonable attorneys’ fees of any Sul, ove of court, in trial, on appeal, in bankruptey proceedings of otherwise, Incurred or pale by Holder in enforcing, this Note or preserving any tight or interest of Holder under tis Note, Any notice te ‘Maker will be suffictently servedfor alt purposes if placed in the mail, postage prepaid, addressed f, or Lefton the premises at the address ‘shown below or any other address shown on Holder's records. 13, Consent to Modification. Obligor expressly consents to any and all extensions, modifications, and renewals, in whole or in part, including but not fimited to changes in payin saan terest ates, anal delay in time of payment or other performance that Holder nay 2 serpent aan time and from time to ime without timitaion and without 2 notice to or farther oo eet of any Obligor. Obligor will also be bound by each of the foregoing, terms, without the fequement that Holder fist go aguinst any security intrest otherwise held by Holder. 14, Invalidity, (any provision ofthis Note is held to be invalid or unenforceable by » cov of competent jristion esto any party, such provision wil rain effective as to any Aes EN and see pvston of this Note wl remain in full free and eet, t the fllest extent allowed by law. 15, Governing Law: Venue; Jurisdiction, This Note willbe governed ad controlled by the laws of hy State of Michigan (excluding the effect of conflicts of law pencipals and wed) ‘Maker hereby agrees and consents that any litigation brought against Maker in contigs ‘with this Note will be brought Aeros a Guy, Michigan, and Maker, othe extent pervssible by law, consents ro the isdition of the court of that County. 16, Taxes, The Maker agrees to promptly pay indemnify and hold harmless dhe Holset from all state pad federal taxes of any Kind (excluding income taxes) and other lables wi "espe fe aa ang from the execution o delivery of this Note or advances made pursuant (0 is Note and/or any mortgage o security agreement executed contemporaneously herewith or any time in the future by any Obligor to secure the performance of this Note. 17, Waiver of Jucy Trial. OBLIGOR (BY ITS ACCEPTANCE OF THIS NOTE) AGREE [AS FOLLOWS: (@) VOLUNTARILY, INTENTIONALLY, AND IRREVOCABLY WAIVES ANY ASNT IT MAY. HAVE TOA TRIAL BY JURY IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR OTHER LITIGATION (AN “ACTION” BASED ON, O* ARISING OUT OF, OPN. OR IN CONNECTION WITH, THIS NOTE OR ANY RELATED DOCUMENTS, INSTRUMENTS, OR AGREEMENTS (WHETHER ORAL OR WRITTEN AND. WHETHER EXPRESS OR IMPLIED AS A RESULT OF A COURSE OF DEALING, A COURSE OF CONDUCT, OGTATEMENT, OR OTHER ACTION OF EITHER PARTY): (b) MAY NOT SEEK A TRIAL BY SURY IN-ANY SUCH. ACTION; (6) WILL NOT SEEK TO CONSOLIDATE ‘AN ACTION (IN WHICH A JURY TRIAL HAS BEEN WAIVED) WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED; AND (@) HAS IN ANY WAY. AGREED WITH OR REPRESENTED TO THE HOLDER THAT THE PROVISIONS OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCES AGAINST THE OBLIGOR. [Signature page follows]MAKER: Rick Johnson ‘Address: 16209 13 Mile Rd, Leroy, MI 49655 wo keh Rick Jolpson vue OLAY/12- Signed, scaled and delivered in the presence of: Printed Name: STATE OF _MiauGaa COUNTY OF _OS@EDLA__ County, Michigan, on June QM; 2019, by ‘Acknowledged before me in gste( 16" and Taft. Known to me personally or showed to me identification to confirm the same. Printed Name: On, Notary Public, State of _MiCHIGA My Commission Expires: 09/10/a0aS" SANDRA J, ANDERSON Notary Public, Newaygo County, MI A cE as OBSEXHIBIT A Secured Interest Inventory Rick Johnson (Maker) Equipment Current val Debt John Deere 6140 MEWD $38,000.00 Massey Ferguson MFWD 6475 fonder 947,000.00 John Deere Combine 4420 38,000.00, Jotin Deere 4 row com head 32,000.00, John Deere 5425 MBWD chopper $38,000.00 ‘Chopper dump box 12 ton $4,000.00 John Deere 1600 haybine 33,000.00, Case-International big baler $312,000.00 3,680.00 John Deere 5 bottom plow $1,500.00 John Deere gesin drill $82,500.00 John Deere bat wing brush mower ‘$4,500.00 Brady drag, 30 foot 32,000.00, Brady chisel plow $2,500.00 Gravity box 200 bu. $92,000.00 Dutchmaster S0-tree spade 35,000.00, Fifth wheel 20-foot trailer $35,000.00, Total. ‘$142,500.00 $3,680.00,Exhibit BSTATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND MSY CAPITAL, LLC, a Michigan Limited Liability Company Plain Case No. 20- -CK v Hon, RICK JOHNSON., Defendant. DeLUCA LAW FIRM, P.C. By: Frank M. DeLuca (P41604) Attomeys for Plaintiff 1615S, Telegraph, Suite 300 Bloomfield Hills, MI 48302 (248) 763-8765 fimd@delucape.com AEFIDAVIT OF ACCOUNT STATED. STATE OF MICHIGAN) ) ss COUNTY OF OAKLAND ) 1, Jim Teasdale, being first duly sworn, depose and say that: 1. Ihave personal knowledge of the facts stated herein, and am competent to testify at trial if called to do so. 2. Tam the keeper of the records of MSY Capital, LLC.3. have reviewed the records of this account and testify that Defendant is indebted to MSY Capital, LLC in the amount of $69,787.47 over and above any set-off, defenses and counterclaims. Further Affiant sayeth not. ‘MSY Capital, LLC By: JimFeasdal Subscribed and sworn to before me this, AIM day of Serr 2020. = Notary Public ©2are too County, Michigan My commission expires: 72/2022 RICHARD J STOPGZY NOTARY PUBLIC, STATE OF MICHIGAN ‘COUNTY OF OAKLAND MY COMMISSION EXPIRES o7272022 ACTING IN THE COUNTY OF C2224