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Re: Smartypants2 post# 23754

Sunday, 05/07/2023 1:19:16 PM

Sunday, May 07, 2023 1:19:16 PM

Post# of 33008
That won't be a problem since the reason for the DEFAULT was spelled out in the original agreement AND Duffy already agreed not to contest. So a Stipulated Judgement will be forth coming to confirm the DEFAULT.

What is the difference between a judgment and a stipulated judgment?
A stipulated judgment has similar effects as a regular judgment, but the main difference is the debtor agrees to gives up essential rights: The debt collector isn't required to prove you're responsible for the alleged debt. You give up any defenses you can use against the creditor, such as the statute of limitations.Dec 30, 2022

https://www.solosuit.com/posts/before-signing-stipulated-judgment#:~:text=A%20stipulated%20judgment%20has%20similar,as%20the%20statute%20of%20limitations
4.6 Governing Law; Venue; Attorney’s Fees. This Note shall be governed by and construed in accordance with the laws of the State of Nevada without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Note or any other agreement, certificate, instrument or document contemplated hereby shall be brought only in the state courts located in the Commonwealth of Massachusetts or federal courts located in the Commonwealth of Massachusetts. The Borrower hereby irrevocably waives any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. THE BORROWER HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THIS NOTE OR ANY TRANSACTIONS CONTEMPLATED HEREBY.

https://www.sec.gov/Archives/edgar/data/1481504/000147793221007820/xeri_ex41.htm

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