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Declaration of Agreement - Presta (Dao)

This Deed of Agreement outlines the leasing terms for a Standby Letter of Credit (SBLC) valued at $2,000,000 between TCAU, LLC (Lessee) and BH Commerce Bank and Trust (Lessor). The agreement includes details on fees, delivery procedures, insurance costs, and penalties for non-compliance, emphasizing the importance of maintaining the integrity of the document. Additionally, it establishes arbitration as the method for resolving disputes and outlines the legal jurisdiction as the USA.

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0% found this document useful (0 votes)
358 views18 pages

Declaration of Agreement - Presta (Dao)

This Deed of Agreement outlines the leasing terms for a Standby Letter of Credit (SBLC) valued at $2,000,000 between TCAU, LLC (Lessee) and BH Commerce Bank and Trust (Lessor). The agreement includes details on fees, delivery procedures, insurance costs, and penalties for non-compliance, emphasizing the importance of maintaining the integrity of the document. Additionally, it establishes arbitration as the method for resolving disputes and outlines the legal jurisdiction as the USA.

Uploaded by

abdou diene
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

DEED OF AGREEMENT

Disclaimer: This document is provided in Microsoft Word Format for ease of the client’s completion. Under no circumstances are
the clauses or contents in this document to be removed or deleted. Any client who is found to have removed or deleted clauses in this
document will immediately have their transaction cancelled and will be deemed to have committed fraud with appropriate penalties
being imposed on them.

INSTRUMENT NO. : BHCBT/2M09 SEPT24-9


DATE OF ISSUANCE : 09SEPT2024
AMOUNT OF ISSUE : $2,000,000 (TWO MILLIONS)
ISSUER : BH COMMERCE BANK AND TRUST
DEPOSITOR : TCAU, LLC
BENEFICIARY : PRESTA SARL
TYPE OF INSTRUMENT : STANDBY LETTER OF CREDIT
U.S. TREASURY INDEMNITY BOND : AMRI00001 RA393427640US-
ILLINOIS LEI NO. : 9845001A4A64B7FBBE12
SURETY : GOLD-BACKED PRIVATE REGISTERED INVESTMENT BOND
U.S. TREASURY TRACKING NO. :
RF285133028US PRIVATE REG. INVESTMENT BOND
NO. :
1Q/09AGUST24
BANKING SCREEN : INTERBANK GREY SCREEN
UCC-3 : 09-2024-000849
GSCCA EFILE1 : EF_009340639_001648066_028
ISSUE DESCRIPTION : GOLD-BACKED STANDBY LETTER OF CREDIT
TERM : ONE (1) YEAR & ONE (1) DAY FROM ISSUANCE DATE
ISSUE DATE : 09SEPT2024
MATURITY DATE : 10SEPT2025
EXPIRATION DATE : 21SEPT2025
EXPIRATION TERM : TEN (10) DAYS AFTER MATURITY DATE
PRINCIPLE AMOUNT : $2,000,000 (TWO MILLIONS)
INSTRUMENT FORM : BOOK ENTRY
GUARANTEE : GOLD BACKED BANK AVAIL OF FULL
AMOUNT INTEREST RATE/COUPON : 0 PERCENT (0.00%) ANNUAL INTEREST RATE
COUPON INTEREST PAYMENT FREQUENCY : NON-APPLICABLE
REDEMPTION OPTIONS : FIXED AT MATURITY
CALLABLE : AT MATURITY
AGE : FRESH CUT
OWNERSHIP/RESTRICT : RESTRICTED, ACCREDITED PRIVATE INVESTORS ONLY
SYNDICATED : NO SYNDICATION AUTHORIZED
SETTLEMENT PRICE : FACE PLUS INTEREST/COUPON, IF ANY
FEES : TO BE DETERMINED
CURRENCY TYPE : US GOLD DOLLARS INTERNATIONAL U.S. CURRENCY
SETTLEMENT MODE : SWIFT MT103/FED WIRE
BUSINESS DAY : NEW YORK, USA
TRADING DAY : TO BE DETERMINED
SETTLEMENT DAY : SAME DAY SETTLEMENT
TRANSFER/ESCROW : HARD-COPY BY BONDED COURIER
UNDERWRITER : BH PRIVATE GROUP (BHB)
PAYMENT AGENT : PAYABLE AT THE COUNTER OF THE ISSUER OR THE OFFICES OF THE TRANSFER
AGENT OR
ESCROW AGENT
WHEREAS. The Lessee desires to lease Bank Guarantee (BG/SBLC) from the Lessor. Lessee confirms with full corporate and
legal responsibility that funds available to fulfill the requirements for the lease of this instrument is ready and Lessee further
confirms to cooperate with the Lessor.

WHEREAS. The Lessor desires to lease, transfer and assign all rights title and interest of the BG/SBLC available to it to the
Lessee. Lessor represents and warrants that it has the ability and resource to arrange through associates, contracts and
sources, with full corporate responsibility, financial instrument in the term of assignments to be provided to Lessee. Lessor
hereby declares under penalty of perjury that the BG/SBLC will be backed by funds that are good, clean, clear, and free of
non-criminal origin, the BG/SBLC will be free and clear of all liens, encumbrances and third party interests.

NOW THEREFORE, The Lessee has agreed to lease the BG/SBLC at 4% + 2% of Face Value Of the instrument requested and
Lessor has agreed to issue BG/SBLC for lease and both Parties hereby agree to the following:

BANK INSTRUMENT TO BE DELIVERED:

Instrument Amount: (Write amount in Numbers and Letters)


Instrument: [ X ] SBLC or [ ] BG (Tick One)

Currency: [ ] EURO or [ X ] USD (Tick One)


Age: Fresh Cut
Leasing Fee: 3% + 2% (With 2% open to lessee side only)
Interest Rate: Zero Coupon
Term: One (1) years and One (1) day (With the option of Rolls and Extension)
Bank: BH COMMERCE BANK AND TRUST
Delivery: [Link] Brussels Authenticated Swift Mt799 then Swift Mt760
Payment: MT103
Hard Copy: By Bank Bonded Courier within 7banking days after delivery of Swift.
Format: Fully Cash Backed – (Standard ICC Format)
First Tranche:
Subsequent tranches: As per agreed tranching schedule

TRANSACTION PROCEDURE:

1. Agreement - Lessor and Lessee execute, sign and initial this Deed of Agreement, which thereby automatically becomes a
full commercial recourse contract to be lodged by both parties for initiation of Swift Transmission.

2. Insurance -Within two (2) working days after the provider countersign and logged the DOA with the Issuing Bank, Lessee
will make payment by direct wire transfer OR cryptocurrency into the Insurance Agency coordinates for the receiving of the
insurance charges in the amount of Euro/USD XX,000.00. Depending on preferred currency of the Buyer.

3. Delivery of SWIFT MT760 - Within three (3) banking days after confirmation of receipt of payment of the insurance fees
charges for the BG/SBLC via Swift MT799 & Swift MT760 in Lessor’s bank account, the Lessor will instruct its bank to Create
the financial instrument and deliver the Pre-Advice Swift MT760 via Bank to Bank confirmation of MT760 to the Lessee’s
receiving bank including the hard copy of the BG/SBLC via bank bonded courier in Seven (7) banking days.

4 Lease Fee Payment - Lessee sends out leasing fees by Swift MT103 to the Lessor Including the transmission fee paid by the
Insurance company and brokers their commission fees 4%+2% of total Face Value by wire transfer within thirty (30) days
upon delivery, confirmation and verification of BG/SBLC via MT760 in the Lessee’s nominated account and BG/SBLC hard
copy in the Lessee’s nominated bank.

[Link] unauthorized calls by any party or its representative lawyers to probes or communication in an improper way to
bank(s) in this transaction shall be prohibited and contract terminated.

6. All subsequent tranches will be based on the same procedures until collateral or funds become exhausted.

Should the Lessee default to pay the leasing fees to the Lessor and the brokers commission fees as agreed after Thirty (30)
banking days of confirmation of BG/SBLC MT760 in lessee's bank account, Lessor will instruct the issuing bank to put a
claim on the BG/SBLC thereby forcing the Lessee's bankers to return the BG/SBLC MT760 to the issuing Bank.

SCHEDULE OF INSURANCE FEE


BG / SBLC
Value Insurance Fee
USD/EUR USD/EUR
1-10 Million + 9,500
11-20 Million + 10,500
21-50 Million + 12,000
51-100 Million + 13,500
101-250 Million + 15,000
251-500 Million + 16,500
501-1 Billion + 18,000
I Billion and
Above + 20,000
In Tranches of
500M

NON-SOLICITATION
The Lessee hereby confirms and declares that the Lessor, its associates or representatives or any person or persons on its
behalf has/have never ever solicited the Lessee, its shareholders or associates or representatives in any way whatsoever
that can be construed as a solicitation for this transaction or for future transactions.

FORCE MAJEURE
Any delay in or failure of performance by either party of their respective obligations under this agreement they shall pay
1% of the bank instrument value as penalty.

Any delay in or failure of performance by either party of their respective obligations under this agreement shall not constitute
a breach hereunder or give rise to any claims for damages if, and to the extent that such delays or failures in performance
are caused by events or circumstances beyond the control of such party.

The term “Beyond the Control of Such Party “Include Lawful order of Government or Authority, Act of War, Rebellion or
Sabotage, Fire, Flood, Earthquake or other natural disasters. Any other cause not within the control of such party or which
is by exercise of reasonable diligence, the party will be unable to foresee or prevent or remedy.

ARBITRATION
All disputes and questions whatsoever which arise between the parties to this agreement and touching on this agreement
on the construction or application thereof or any account cost, liability to be made hereunder or as to any act or way relating
to this agreement shall be settled by the arbitration in accordance with the arbitration laws of the ICC.

This agreement contains the entire agreement and understanding concerning the subject matter hereof and supersedes and
replaces all prior negotiations and proposed agreements, written or oral. Neither of the parties may alter, amend, nor modify
this agreement, except by an instrument in writing signed by both parties. This agreement will be governed by and construed
in accordance with the laws of the United Kingdom. In the event that either party shall be required to bring any legal actions
against the other it enforce any of the terms of this agreement the prevailing party shall be entitled to recover reasonable
attorney fees and costs.

INSTRUMENT RETURN
The LESSEE agrees to return the SBLC / BG to the issuing Bank 15 days prior to the Bank Guarantee
(BG) / Standby Letter of Credit (SBLC)s expiry date.

DISCLOSURE OF INFORMATION
The LESSEE prior to signing this agreement, warrants it has received; or has had full access to all the information it considers
necessary or appropriate to make an informed investment decision with respect to entering this Deed of Agreement. The
LESSEE further acknowledges it has had an opportunity to perform its own due diligence review of the Subject Matter and
is willing and desires to proceed with entering this agreement.

RESTRICTED BANK OFFICER COMMUNICATION


Improper release of the above banking information, for any reason, without the written prior authorization of another party,
shall be considered as a Breach of Contract and will make a defaulted party to be actionable for damages. Each party is not
allowed to contact the other party's bank without expressed written permission. Any party attempting to do so will lead to
cancellation of this transaction/contract. Any unauthorized calls by any party or its representative lawyers, advisors, brokers
or consultants to probe or communicate in an improper way to bank(s) in this transaction shall be prohibited and result in
contract termination with (1%) one Percent penalty fees being due.

DISPUTES
Both Parties agree that all disputes arising out of or in connection with this Agreement with the exception of the Non
Disparagement Clause shall be fully and finally resolved by arbitration in accordance with the rules of the Arbitration
Association in United Kingdom, by one or more Arbitrators appointed in accordance with said rules. All such arbitration
awards shall be binding on all Parties and enforceable by law. Party A in this agreement consents willingly to waive all rights
to engage in any legal action in any court in any jurisdiction and agrees that any and all disputes between the parties with
the exception of the Non Disparagement Clause will be resolved solely by way of Arbitration.

The Parties further agree to carry out the terms of any arbitration award without delay and shall be deemed to have waived
their right to any form of alternative recourse in court by or through any other means, in so far as such waiver can validly be
made.

JURISTRICTION
This agreement is subject to the relevant international laws for any fraudulent action and such actions will be punished by
law. The legal jurisdiction of this agreement is the USA.
FOR AND ON BEHALF OF THE LESSEE

________________ _________
Signature and Stamp/Seal

FOR AND ON BEHALF OF THE LESSOR

________________ _________
Signature and Stamp/Seal
Company Name PRESTA SARL
Represented by LI ZIQING
Title/Position/Authority CEO/Founder
Date Of Birth: 10-05-1965
Country of Primary (Tax) Residency MAURITANIE
Company Mailing Street Address TVZ RTE DE NOUHADIBOU NOUAKCHOTT
City, State NOUAKCHOTT
Registration Number 00862221
Country MAURITANIE
Telephone Number +222 42 01 11 11
Mobile/Cell Phone Number +222 38 18 99 99
Skype ID name ……
E-Mail Address 78040312@[Link]
Place of Birth HUBAI
Passport Number ED8843171
Passport Date of issue 30 JAN 2019
Passport Date of Expiration 29 JAN 2029
Issuing Authority CHINA
Country Issuing CHINA

Lessor’s International Passport (Attached as Appendix B)

The Lessor and Lessee agree to the following banking co-ordinates pertaining to the agreement herein above stated:
DECLARATION OF AGREEMENT
SBLC PROVIDER AND
MONETIZER

Agreement: TCAU061224-SBLC – PRESTA SARL

Date: 13 SEPT 2024

SBLC Provider: TCAU, LLC- Robert Baker


(full details on attached CIS)

SBLC Monetizer: PRESTA Sarl – li ziqing


(full details on attached CIS)

Agreement:
1. Provider will issue the SBLC to Monetizer.
2. Monetizer will monetize the SBLC at a rate of 3% Gross (of the $2Million USD) with 0% commission, for a
return of 3% Net to the provider.
3. Funds from the monetizer will be distributed to PRESTA Sarl on behalf of TCAU,LLC, for 12% ($3M usd) and 3%
distributed to Ousseynou Ndoye ($7000 usd).
4. Repayment of the monetized funds will be according to the time provided by the expiration date on the SBLC.
5. It is acknowledged that the SBLC numbered: BHCBT/2M09 SEPT24-9 will be used and will not be sent via SWIFT.
6. Issuance of the money will be within 4 business days of the signing of this agreement, otherwise this agreement
is null and void and considered cancelled.

Clauses:
Organization : Both parties warrant that they and their companies are in good standing and no liens, conflicts or lawsuits are pending against them.

Consents and Authority: No consents or approvals are required from any governmental authority or other Person for it to enter into this
Agreement. Both parties have authority to legally engage, sign and act for their companies.

Changes : Alterations, changes, modifications, or edits to this contract will only be through writing and agreed to by both parties.

Prior Agreements; Construction Entire Agreement: This Agreement, including the Exhibits and other documents referred to herein (which form a
part hereof), constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior agreements and
understandings between them as to such subject matter and all such prior agreements and understandings are merged herein and shall not survive
the execution and delivery hereof.

Waiver of Jury Trial: The Parties hereto hereby irrevocably and unconditionally waive trial by jury in any legal action or proceeding relating to this
Agreement and for any counterclaim therein.

Law and Arbitration: This Agreement is a full recourse commercial commitment applicable to all transactions under this Agreement. Any dispute
must be resolved by arbitration. The seat of the Arbitration is Oregon, United States.

Applicable Law - Jurisdicion and Competence – United States Law


Indemnity

1. Each of the Parties agrees to indemnify, defend, protect and hold each other and its Affiliates, subsidiaries, officers, directors,
shareholders, employees, agents, representatives and their successors and assigns, free and harmless from and against, any and all expenses
and losses incurred or suffered by them relating to or arising out of or in connection with (a) claims of third parties claiming compensation,
commission or expenses for services as a broker or finder related to this Agreement, the other Transaction Documents or the transactions
contemplated thereby;

2. any breach of or any inaccuracy in any representation or warrant made by in this Agreement or any other Transaction Document; and (c)
any breach of or failure by to perform any covenant or obligation of the parties set forth or contemplated in this Agreement or any other
Transaction Document, except in those instances of fraud and willful neglect.

3. Furthermore, Party A and Party B further acknowledge that their Intermediaries, Facilitators, Consultants, Brokers with its Directors, as
well as their respective officers, directors, partners, shareholders, associates, affiliates, employees, partners and assigns, have no direct
knowledge whether the ownership is legal or valid at this time and are relying in good faith upon the representations and warranties of the
undersigned.

Term:
This Agreement is good for 4 business days after all parties have signed. Repayment of the monetized SBLC is according
to the time of expiration of the SBLC. If SBLC is not monetized, as per agreement, this agreement is considered
cancelled, null, and void. The monetizer will not have legal ability to use the SBLC for their benefit and should cease and
desist with any further benefits involved with the SBLC or TCAU, LLC.

Signatures:

Robert Baker LI ZIQING


CEO/Founder Chairman of the Board
TCAU, LLC PRESTA SARL.
SBLC Provider SBLC Monetizer
Date: 13 SEPT 2024 Date: 13 SEPT 2024
CIS – SBLC Provider

CLIENT INFORMATION SHEET (CIS-KYC)

In accordance with Articles 2 and 5 ofthe Due Diligence and Federal Banking Commission Circular
of December 1999 concerning the prevention of money laundering, and Article 305 of the Swiss
CriminalCode,the following information may be supplied to banks and financial institutions
for verification of identity and Corporate activities.

Company Name TCAU, LLC


Represented by Robert Baker
Title/Position/Authority CEO/Founder
Date Of Birth: 07/25/1964
Country of Primary (Tax) Residency USA
Company Mailing Street Address PO Box 1511
City, State Draper, UT
Registration Number 84-3093787
Country USA
Telephone Number +1 209-222-8985
Mobile/Cell Phone Number +1 209-480-4644
Skype ID name bobpbaker
E-Mail Address bob@[Link]
Place of Birth Modesto, CA
Passport Number 565684715
Passport Date of issue 27 October 2017
Passport Date of Expiration 26 October 2027
Issuing Authority USA
Country Issuing USA
Banks:

Bank Name: JP Morgan Chase Bank


Bank Branch: West Linn Branch
Bank Address: 19080 Willamette Drive, West Linn, OR
Account Name: Wallace Glausi IOLTA Trust Account
Account Number: 579269678
SWIFT CODE: CHASUS33
Bank Telephone: +1 503-451-2034
Bank Officer: Cole Posin

Bank Name: BH Commerce Bank and Trust


Bank Address: Barrington, IL
Account Name: TCAU, LLC
Account Owner: Robert Baker
Account Numbers: 2067494325 and 6779087283
Bank Officer: Agron Ala
Phone: +1 973-832-3002

SIGNATURE STAMP

13 SEPT 2024
Company Name TCAU, LLC
Represented By Robert Baker
Passport No. 565684715
Country USA
Expiry 26 October 2027

EDT (Electronic document transmissions) shall be deemed valid and enforceable in respect of any subsequent contracts and reliance placed upon this information by the Escrow Agent. As applicable,
information provided shall: 1-Incorporate U.S. Public Law 106-229, ‘‘Electronic Signatures in Global and National. Commerce Act’’ or such other applicable law conforming to the UNCITRAL Model Law on
Electronic Signatures (2001) and 2-ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257, Geneva, May 2000) adopted by the United Nations Centre for Trade Facilitation and Electronic Business
(UN/CEFACT). 3-EDT documents shall be subject to European
Community Directive No. 95/46/EEC, as applicable. Either Party may request hard copy of any document that has been previously transmitted by electronic means provided however, that any such request
shall in no manner delay the “PARTIES” from performing their respective obligations and duties under EDT instruments.
CIS SBLC Monetizer

CLIENT INFORMATION SHEET

In accordance with Articles 2 through 5 of the due diligence CONVENTIONS and the Federal Banking
Commission Circular of December 1998, and under the US Patriot Act of 2002, as amended in February
2003 concerning the Prevention of Money Laundering and 305 of the Swiss Criminal Code. The following
information may be supplied to banks and/or other financial institutions for purposes of verification of
Identity and activities of the Client described below, and the nature and original of the funds which are to
be utilized. The foregoing is subject to agreement by all parties to whom this client and all individuals
described herein, as well as the generally accepted professional’s standards relating to the maintenance
of confidential information, and to take all appropriate precautions to protect the confidentiality of the
information contained herein, this legal obligation shall remain in full force indefinitely without restriction.

CORPORATE INFORMATION:

Full Name of Corporation: PRESTA Sarl

ADRESS: Nouakchott Mauritania

Date of Incorporation: 26TH MAY 2021


Incorporated in (City/State/Country): Nouakchott Mauritania
Registration Number: 00862221
Board of Directors (Name & Title): LI ZIQUING

CONTACT INFORMATION:
Telephone Number: +22 42 01 11 11 /+222 38 18 99 99
Email Address: 78040312@[Link]

SIGNATURE STAMP

13 SEPT 2024
Company Name PRESTA Sarl
Represented By Lizi qing
Passport No. 00862221
Country CHINA/MAURITANIE
Expiry 29 JAN 2029
BANK COORDINATES:

Code Guichet Numero de compte Cle RIB Domiciliation


000150000421032489303 71 NOUAKCHOTT
Bank Officer Contact: TEL 00222 4525507
Email. [Link]@[Link]

Adresse EN EURO UNIQUEMENT EN EURO ET DOLLAR


PRESTA XXXXXXXXXXXX
NOUAKCHOTT
MAURITANIE

Personal Information of Officer(s) of Corporation / Passport Information


(Director Board)

Company Name PRESTA SARL


Represented by LI ZIQING
Title/Position/Authority CEO/Founder
Date Of Birth: 10-05-1965
Country of Primary (Tax) Residency MAURITANIE
Company Mailing Street Address TVZ RTE DE NOUHADIBOU NOUAKCHOTT
City, State NOUAKCHOTT
Registration Number 00862221
Country MAURITANIE
Telephone Number +222 42 01 11 11
Mobile/Cell Phone Number +222 38 18 99 99
Skype ID name ……
E-Mail Address 78040312@[Link]
Place of Birth HUBAI
Passport Number ED8843171
Passport Date of issue 30 JAN 2019
Passport Date of Expiration 29 JAN 2029
Issuing Authority CHINA
Country Issuing CHINA
FOR AND ON BEHALF OF THE LESSEE

FOR AND ON BEHALF OF THE LESSOR


SIGNATURE STAMP

13 SEPT 2024
Company Name PRESTA Sarl
Represented By Lizi qing
Passport No. 00862221
Country CHINA/MAURITANIE
Expiry 29 JAN 2029

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