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Affidavit of Warranted Information ______________________________ Acknowledgment State of ______________) County of ____________) On this ____ day of _________ 2023, before me, the undersigned Notary Public , personally appeared __________________________, Proved to me that through satisfactory evidence to be the person whose name is signed on this document, and acknowledge to me that he/she signed it voluntarily for its stated purpose. seal: Public Notary Signature:___________________________ NOTE: The above noted Certifying NOTARY PUBLIC is not an attorney licensed to practice law in any State and has not given legal advice or accepted fees for legal advice; provided no assistance in the preparation of the above referenced documents, and has no interest in any issue referenced therein. The above noted Certified NOTARY PUBLIC is NOT a party to this action and is ONLY acting in an authorized capacity requested as a third party witness to CERTIFY the signatures indicated herein in accordance with Notary Protest that is a Law of the Sea and Maritime Admiralty law CONCERNING A SECURITIES INSTRUMENT, PROMISSORY NOTE. The Certifying NOTARY is an independent contractor and not a party to this claim. In fact the Certifying NOTARY is a Federal Witness Pursuant to TITLE 18. PART I. CHAPTER 73, SEC. 1512. Tampering with a witness, victim, or an informant. The Noted Certifying NOTARY also performs the functions of a Quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violations of the U.S. Postal regulations as an Officer of the Executive Department of the UNITED STATES Government. The Noted Certifying NOTARY is a State Official, Officer of the Court, and a Deputy Secretary of State Appointed and Commissioned by the State Governor with Representative Authority to issue Notary Protest Certificates of Default and Summary Judgment under the Administrative Procedure Act of 1946 and Notary Protest on negotiable securities instruments such as Promissory Notes, Stocks. and Bonds. All postage paid for with lawful money per Title 12 USC 411 and P.L. 73-10. Chapter 48, 48 Stat 112 All claims presented are true, correct, factual and in no way meant to harass or intimidate. Pg.001.
LETTER OF INTEREST UCC § 3-305 CLAIM IN RECOUPMENT These claims comes before your company Fidelity National Title, with the claims for the fourteen (14) properties below. The claimant reserves his rights to supplement this complaint and claims from time to time upon new discoveries of warranted information. It has come to my knowledge that there has been Deceptive Trade Practices associated with the properties below that were insured through Fidelity National Title. There are TILA violations, specifically commenced after the signing of the documents. TILA rules state that after signing there must be a three (3) day Right of Rescission, it is also Law that the financial institution must give the consumer three (3) days to review all documents before recording and funding. This is to allow the consumer diligence, and this did not happen in all the closing of escrows for the properties below. Another Deceptive Trade Practice is that a "Loan" occurred which is a false, in fact it is an Investment Contract that you and your agents are aware of and I am not a party to (see Statute of Frauds SEC 1624 and UCC § 2-201). This was done with no given authority thus making a presentment on my behalf with no certification, acknowledgment, Notary or Attorney in fact by law. In fact if this was a "Loan" it certainly is from "B" to "C" contract, a modification that your company is aware of from the conception making me a party to a contract again, that I am a third party contractually to the Pooling and Servicing agreement. I also understand that there was never any disclaimer in the credit application pursuant to Title 16 CFR 433.2. This so called "Lender" also states all defenses and claims are waived from any transferee, buyers or anyone who sells it thus meaning that they are not the holder in due course. A true holder in due course takes it free of all claims and defenses however this so called "Lender" takes it subject to all claims and defenses. In laymen terms very simply means NO HOLDER IN DUE COURSE. My second claim is pursuant to UCC § 3-306. I have propriotary, possessory and property interest in the promissory note in its proceeds. The maker has the right to rescind negotiating of the transactions, this transaction is dealing in securities governed by Article 8 a note is Security, a Non-Negotiable Instrument and all mortgage notes are Non-Negotiable Instruments governed by general contract law. Restatement of the Law second series of contracts Article 3 section 164. Please produce Proofs of Claims; 1) There was Not a Presentment upon foreclosure. 2) There are No other parties who are not holding insurance policies on Security Instruments AKA Promissory Note. 3) That Fidelity National Title did Not omit information that this transaction was not a "Loan" but in fact an "Investment Contract"? 4) That Fidelity National Title did Not violate Consumer Compliance Laws by operating without the Consumer, Maker, Issuer Autographer of the Promissory Note consent or Authority. 5) That Fidelity National Title did Not violate and operate in Bad Faith pursuant to the Deceptive Trade Practices Act. Pg.002.
6) That Fidelity National Title is Not guilty of enabling the rendered foreclosure sale to unlawfully proceed to sell the Security Instrument (Promissory Note) stultifying my ability to redeem my interest. 7) That Fidelity National Title is not aware of my proprietorial rights to the interest of my Promissory Note. 8) That Fidelity National Title has Not violated 12 CFR § 226.23 (H)(8), (H)(9) an electronic TILA violation? 9) That Fidelity National Title did Not pursuant to TILA, Regulation Z and 12 CFR § 226.23 electronic version, electronic communication, electronic record and presentment of the TILA legal form for signing. 10) That the maker of the note does not have the right to rescind pursuant to TILA violations. 11) That if the TILA Notice is not given the right to rescind does not have a statute of limitations does not toll at foreclosure? 12) That Fidelity National Title is not guilty of misrepresentation calling the transaction a “Loan” when in fact it is an “Investment Contract” UCC § 1-102 Applicability pursuant to Article 8 Securities. 13) That Fidelity National Title is not guilty of release of Lien and Reconveyance and did not guarantee title clouding. In closing these claims and demands are for such Errors and Omissions above I am hereby demanding a release of lien and reconveyance. The Promissory Notes were signed as the date of the Warranty Deeds were signed and executed, this was the same day the Note was extinguished pursuant to the contract (deed of trust) the title company, AKA Financial Institution must give the consumer an autographed note and full reconveyance in Ten (10) calendar days from the execution of the Deed of Trust. This event did not happen thus constituting a breach and violation of law, right or duty either by omission or commission UCC § 9-607 Collection and Enforcement by Secured Party UCC § 9-609 Breach and Non- Performance of the recording and a full reconveyance / Promissory Note. THIS IS FRAUD. WE DEMAND full accounting pursuant to ARS 47-9210, the G.A.A.P., disclosures per TILA, public and private ledgers, the Prospectus Reports and who is holding any insurance on the Negotiable Instruments (Promissory Note). Please respond within fourteen days of this Notice. In the event more time is needed, please request in writing via certified mail. In the event of Dishonor UCC § 3-502, there will be a protest presentment, UCC § 3-501, then a Notice of Dishonor UCC § 3-503, after that Evidence of Dishonor UCC § 3-505, then pursuant to ARS § 22-219 Confessions of Judgment without issuance or service of process. Please see attached Preamble for this Contract. The Claimant seeks damages in the amount of Ten Million Dollars ($10,000,000.00) in lawful monies of gold, silver or euros. TRUE BILL AMOUNT $10,000,000.00 _______________________________________________ Pg.003.
A Security (15 USC) --------------------------------- COMMERTIAL AFFIDAVIT THIS IS A USSEC TRACER FLAG NOT A POINT OF LAW* 1. Section 2(h) of the Indian Contract Act, 1872 defines a contract as an agreement enforceable by Law. Section 2(e) defines agreement as "every promise and every set of promises forming consideration for each other." Section 2(b) defines promise in these words: "When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal when accepted, becomes a promise." 2. Definition and requirements for this contract consensus-ad-idem This contract is an agreement between all of the acting parties for this contract which will be enforced by law. The general law governing this contract is commercial law, L ex Mercatoria (a) True Bill: ledgering and book keeping/accounting, "just compensation". This True Bill is called a warrant of information with a Bill of Pains and Penalties. 3. Requirements met and created through the legal relations for this contract 1. There is an agreement between two or more persons. 2. The parties have intended that their agreement will result in legal relations. 3. The contract complies with any required statutory formalities. 4. In English law, there is a requirement that the agreement must be supported by what is called 'consideration'. However, the Roman-Dutch law which applies in Sri Lanka does not require 'consideration'. Tn Roman Dutch law any good or valid reason which is expresses by the Latin term Justa causa will suffice for a contract. 5. All parties to the agreement have 'legal capacity' to contract. For example, a contract with a person who is mentally unsound is not valid. 6. The agreement is genuine and not be affected by factors such as mistake, misrepresentation, fraud, undue influence and duress. The agreement is for a purpose of object which is not illegal or contrary to public policy. 7. Contractor Stephen Mitchell Baquet Occupant Executor has never waived any rights such as the right to trial by Jury and has never provided for a voluntary, knowing and intelligent waiver. 4. Agreement between two or more persons The basis of th is contract is an agreement between two or more persons. 5. Offer & Acceptance, Capacity to contract, Consideration for the contract 1.2.1. Offer and Acceptance the invitation to make an of fer is on record for this CLAIM 014 NATURE OF CONTRACT CLAIM 014 NOTICE OF FEE SCHEDULE AND DEMAND FOR CERTIFIED COPY OF OATH OF OFFICE NOTICE OF TRADEMARK AND COPYRIGHT VIOLATIONS PREAMBLE Pg.004.
6. Declaration of intention
The Declarations have been made on the record for CLAIM 014. All offers have been communicated and
accepted upon conditions, all parties are aware of all the specifics of the contractual obi igations of the
contractual existence. The acceptance is absolute and unqualified assent to a ll the terms of the offer which
constitutes an effective and valid acceptance.
7. Reliance
In contracts, if someone takes some steps ("changes his position" is the usual legal language) in reliance on
the other's statement, claim or promise then the person upon whom the actor relied is entitled to contend there
is a contract he/she can enforce. However, the reliance must be reasonable. Reliance - Legal Dictionary I
Law.com
dictionary.law.com/Default.aspx?selected= 1778
All parties have continued moving forward with all notices on record that remaining silent is acceptance
"he who does not deny admits" and is understood through tacit procuration that is accepted.
Tacit Procuration basically means 'silent agreement' (agreement through acquiescence) and this is the reason
why ignoring documents is considered a lethal act in Admiralty Law.
8. Manner of acceptance prescribed
All manners of acceptance for this CLAIM 014 have been presented for and on the record to the Court Clerk
window in the Superior Court of Arizona an also sent through certified registered USPS United States Postal
Service.
LEE V. STATE: THE MAILBOX RULE AND ITS APPUCABIUTY TO NOTICES OF CLAIMS
AGAINST THE ST A TE.
9. Acceptance by acting on the offer
If the offer is one which is t o be accepted by being acted upon, no communication of acceptance to the
offeror is n
ecessary, unless communication is stipulated for in the o ffer itself. The acceptance was
instantaneous by communication of email, telephone, and through the United States Postal Service. When
postal contracts are made by letter, the acceptance is treated as complete from the date when it is posted. An
offer by post is only made when it actually reaches the offeree and not when it would have reached him in
ordinary course of the post by post is complete as soon as the letter of acceptance is posted, prepaid and
properly addressed, whether it reaches the offeror or not. If the letter is lost or delayed in the post the contract
is nevertheless made, although the offeror may be quite ignorant of that fact. If the acceptance, instead of
being posted, is handed to a postman to post, the contract is not complete until the acceptance is actually
received by the offeror. In this case of University a/Ceylon v Fernando [1957] 59 NLR 8, a Bench of five
jud
ges of the Supreme Court held that where the post is used as a medium of transmitting the prescribed
notice, the applicant for leave to app eal was required to do no more than send, in due time, a properly
addressed prepaid letter containing the name and address of the opposite party. Chief Justice Basnayake
observed : Where a letter, fully a nd particularly directed to a person at his usual place of residence, is proved
to have been put into the post office, this is equivalent to proof of delivery into the hands of that person;
because it is a safe and reasonable presumption that it reached its destination". The Chief Justice also
observed that although the law does not require that t he registered post should be used, it is the practice for
certain persons to adopt the safeguard of registering the letter so that proof of its delive1y at its destination
could be adduced should it become necessary to do so.
Pg.005.l 0. Considerartion For example bi lls of exchange and negotiable instr uments, performance bonds and acceptance creating value 'just causa' 11. Promissory Estoppel Promissory estoppel applies here and now where all of the parties to a contract give an assurance of the other party which i s i ntended to be binding and i s relied upon by all parties. In case this contract because of the element of unconscionability, this prevents such promisor from going back on his promise. In the Laws of Commerce, the eternal and unchanging principles of the law are: I. A worlnnan is worth, of his hire. Authorities: Exodus 20: 15; Lev. 1 9: 13; Matt. I 0: IO; Luke l 0:7; II Tim. 2:6. Legal maxim: "It is against equity for free men not to have the free disposal of their own property." 2. All are equal under the law (God's Law-Moral and Natural Law). Authori.ties: Exodus 21 :23-25: Lev. 24: 17-21; Deut. I: 17. 19:21; Matt. 22:36-40: Luke JO: 17: Col. 3:25. Legal maxims: "No one is above the law.": "Commerce, by the law of na tions, ought to be common, an d not to be converted into a monopoly and the private ga in of a few." 3. In commerce. truth is sovereign. See Exodus 20: 16; Psalms 11 7:2; John 8:32; II Cor. 13:8. Legal max im: "To Ii.: is to go a gainst the mind." O riental proverb: "Of a ll that is good, sublimity is supreme." 4. T ruth is expressed in the form ofan Affidavit. See Lev. 5:4-5; Lev. 6:3-5; Lev. 19:11-13; Num. 30:2; Matt. 5:33; James 5:12. 5. A matter must be expressed to be resolved. See Heb. 4: 16; Phil. 4:5; Eph. 6: 19-21. Legal maxim: "l-Ie who fails to assert his rights has none." 6. An unrebutted affidavit stands as truth in commerce. See I Pet. I :25; Heb. 6: 1 3-15. Legal ma,\'.im: "He who does not deny. admits." 7. An unrebutted affidavit becomes a judgmeni in commerce. See Heb. 6: 16-17. Any proceeding in court, tribuna l, or arbitration forum consists of a contest. or "duel." of commercial affidavits wherein the points remaining unrebutted in the end stand as the truth and the matters to which the judgment of the law is applied. 8. He who leaves the field of battle first (does not respond to Affidavit) loses by default. See Book of Job; Ma tt J 0:22. Lega l maxim: "He who does not repel a wrong when he can occasions it." 9. Sacrifice is the measure ofcredibilitv. One who is not damaged, put at risk. or willing to swear a n oath on his commercial liability for the truth of his statements and legitimacy of his actions has no basis to ass ert claims or charges and forfeits all credibility and right to claim authority. See Acts 7, life/death of Stephen. Legal maxim: "He who bears the burden ought also to derive the benefit." I 0. A lien or cla im. under commercial law. can only be sa tisfied by one ofthe following_ actions. See Gen. 2-3; Ma tt 4: Revelation. Lega l maxim: "If the pla intiff does not prove his ca se, the defendant is absolved." J 0. I. A rebuttal Affidav it of Truth. supported by evidence, point-by-point. 1 0.2. Paym ent. 12. Essentials. Notice may be given in any reasonable manner. It may be oral or written and in any terms which identify the instrum en t and state that it has been dishonored. A mis-description which does not mislead the party notified does not vitiate the notice. Sending the instrument bearing a stamp, ticket or writing 44 stating that acceptance or payment has been refused or sending a notice of debit with respect to the instrument is sufficient. Pg.006.
13. Acceptance supra protest. Acceptance is the drawee's signed engagement to honor the draft as presented. It must be written on the draft, and may consist of his signature alone. It becomes operative when completed by delivery or notification. A draft may be accepted although it has not been Signed by the drawer or is otherwise incomplete or is overdue or h as been dishonored. 37 14. Payment for honor. Payment or satisfaction may be made with the consent of the holder by any person including a s tranger to the instrument. Surrender of the instrument to such a person gives him the rights of a transferee. 38 15. Notice of dishonor. Unless excused, 39 notice of any dishonor is necessary to charge any indo rser. In the case of any drawer, the acceptor of a draft payable at a bank or the maker of a note payable at a bank, notice of any dishonor is necessary, but failure to give such notice discharges such drawer, acceptor or maker only as stated in Section 3-502( l )(b );40 however, notice of dishonor is not necessary to charge an indorser who has indorsed an instrument after maturity. 41 Notice operates for the benefit of all parties who have rights on the instrument against the party notified. 42 16. To whom given. Notice of dishonor may be given to any person who may be liable on the instrument by or on behalf of the holder or any party who has himself received notice, or any other party who can be compelled to pay the instrument. In addition an agent or bank in whose hands the instrument is dishonored may give notice to his principal or customer or another agent or bank from which the instrument was received.45 Notice to one partner is notice to each although the firm has been dissolved. When any party is in insolvency proceedings instituted after the issue of the instrument, notice may be given either to the party or to the repre sentative of his Estate. 17. Dishonor by nonpayment. An instrument is dishonored when: (1) a necessary or optional presentment is duly made and due payment is refused or cannot be obtained within the prescribed time or in case of bank collections the instrument is seasonably returned by the midnight deadline; or (2) presentment is excused and the instrument is not duly paid. 27 18. Protest. A protest is a declaration in writing mad e by, among others, a notaiy public, on behalf of the holder of a bill or note, that acceptance or payment has been refused. This written declaration itself is also called a certificate of dishonor or the certificate of protest, which is only the evidence of the fact of protest. A !though in a technical sense the term "protest" means only the formal declaration drawn up and signed by the notary, in commercial usage it includes all the steps necessary to charge the indorser. Unless excused (Section 3-511; see §2.22(0) 5. below), protest of any dishonor is necessary to charge the drawer and indorsers of any draft which on its face. appears to be drawn or payable outside of the states, territories, dependencies and posses sions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. The holder may at his option make protest of any dishonor of any other instrument and in the case of a foreign may on insolvency of the acceptor before maturity make protest for better security. Prot est is not necessa1y to charge an indorser who has indorsed an instrument after maturity. " Pg.007. UCC §3-504(3) UCC §3-505 UCC §3-511(1) UCC §3-511(2),(3) UCC §3-511(4)-(6) UCC §3-507(1)
19. Form of protest. (This certificate follows a copy of the bill or note protested] A RS 41-320 [A) U.C.C. �3-50l(3l,(4l u.c.c. §3-509(4). (5) ucc. 93-508(2). u.c.c. §3-509( 4). (5). U.C.C §3-509, Official Comment 3 U.CC. §3-509(2). (3). ;, U C.C. §3-509(2) says that the protest must identify the i11strument and cenifv either that due presentment has been made or the reason why it is excused and that the instrument has been dishonored by nonacceptance or nonpayment. U.C.C. §3509(3) savs that the protest may also certify that notice of dishonor has been given 10 all parties or to specified parties. 20. Presentment for payment. Unless excused (Section 3-511; see§ 2 .22(8) 2. above), presentment for payment is necessary to charge any indorser. In the case of any drawer. the acceptor of a draft payable at a b ank or the maker of a note payable at a bank, presentment for Payment is necessary, but failure to make presentment discharges he drawer, acceptor or maker only as stated in section 3-502(1)(6) U.C.C. §3-503(1 ). u.c.c. §3-503(2)-(4). U.C.C. §3-511(1). U.C.C. §3-511(2), (3). u.c.c. §3-511(5), (6). U.C.C. §3-507(1). U C.C. §3-507(3), (4) U C.C. §3-5ll(4). CHAPTER 554-3510 DISHONOR UNIFORM COMMERCIAL CODE:: 2009 IOWA CODE FROM THE ARIZONA STATUTES ARTICLE 5 DISHONOR 21.§ 47-3501. Presentment A. "Presentment" means a d emand made by or on behalf of a person entitled to enforce an instrument: l. To pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank; or 2.To accept a d raft made to the drawee. B.The following rules are subject to chapter 4 o f this title, agreement of the parties, and clearing house rules and the like: I . Presentment: (a) May be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a b ank in the United States; (b) May be made by any commercially reasonable means, including an oral, written or electronic communication; (c) Is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and Pg.008.
(d) Is effective if made to any one of two or more makers, acceptors, drawees or other payors. If. Upon demand of the person to whom presentment is made, the person making presen tment must: Ill. (a) Exhibit the instrument; (b) Give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so; and (c) Sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made. Without dishon oring the in strument, the party to whom presentment is made may: lV (a) Return the in strument for lack of a necessary indorsement; or (b) Refuse payment or acceptance for failure of the presentment to comply with the terms of the instrnment, an agreement of the parties or other applicable law or rule. The party to whom presentment is made may treat presentment as occu1Ting on the next business day after the day of presentment if the party to whom presentment is made has established a cutoff hour not earlier than 2:00 p.m. for the receipt and processing of f instruments presented for payment or acceptance and presentment is made ater the cut-off hour. 22. § 47-3502. Dishonor A. Dishonor of a note is governed by the following rules: l. ff the note is payable on demand, the note is dishonored if presentment is duly made to the maker and the note is n ot paid on the day of presen tment. 2. If the note is not payable on demand and is payable at or through a bank or the terms of the note require presentment, the note is dishonored if presentment is duly made and the note is not paid on the day it becomes payable or the day of presentment, whichever is later. 3. 1f the note is n ot payable on demand and paragraph 2 of this subsection does no t apply, the n ote is dishonored if it is not paid on the day it becomes payable. B. Dishonor of an un accepted draft other than a documentary draft is governed by the fol lowing rules: 1. Ifa check is duly presented for payment to the payor bank otherwise than for immediate paymen t over the counter, the check is dishonored if the payor bank makes timely return of the check or sends timely notice of dishonor or n onp ayment under sec tion 47-4301 or 47-4302 or becomes accountable for the amount of the check under section 47-4302. C. Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the n otice exercised reason able diligence after the cause of the delay ceased to operate. 23. § 47-3505. Evidence of dishonor (UCC 3-505) D. The following are admi ssible as evidence and create a presumption of dishonor and of any notice of dishonor stated: I. A document regular in form as provide d in subsection B which purports to be a protest; 2. A purported stamp or writing of the drawee, payor bank or presenting bank on or accompanying the ins trument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor; and Pg.009.
3. A book or record of the drawee, payor bank or collecting bank, kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry. A protest is a certificate of dishonor made by a United States consul or vice consul, a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by non-acceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties. ARTICLE 6. DISCHARGE AND PAYMENT 23. § 47-3601. Discharge and effect of discharge A. The obligation of a party to pay the instrument is discharged as stated in this chapter or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract. B. Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge. 24. § 47-3602. Payment A. Subject to subsection B of this section, an instrument is paid to the extent payment is made by or on behalf of a party obliged to pay the instrument and to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge ofa claim to the instrument under section 47-3306 by another person. B. The obligation of a party to pay the instrument is not discharged under subsection A of this section if: 1. A claim to the instrument under section 47-3306 is enforceable against the party receiving payment and: (a) Payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction; or (b) In the case of an instrument other than a cashier's check, teller's check or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or C. The person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument. 25. § 47-3603. Tender of payment 1. A. If tender of payment of an obi igation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. B. If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. C. If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, f the obligation of the obligor to pay interest at er the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. Pg.010.
2. If a draft is payable on demand and paragraph I of this subsection does not apply, the draft is dishonored if presentment for payment is duly made to the drawee and the draft is not paid on the day of presentment. 3. If a draft is payable on a date stated in the draft, the draft is dishonored if: (a) Presentment for payment is duly made to the drawee and payment is not made on the day the draft becomes payable or the day of presentment, whichever is later; or (b) Presentment for acceptance is duly made before the day the draft becomes payable and the draft is not accepted on the day of presentment. 4. If a draft is payable on elapse of a period of time after sight or acceptance, the draft is dishonored if presentment for acceptance is duly made and the draft is not accepted on the day of presentment. C. f Dishonor of an unaccepted documentary drat occurs according to the rules stated in subsection B, paragraphs 2, 3 and 4 of this section, except that payment or acceptance may be delayed without dishonor until no later than the close of the third business day of the drawee following the day on which payment or acceptance is required by those paragraphs. D. Dishonor of an accepted draft is governed by the following rules: 1. If the draft is payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and the draft is not paid on the day of presentment. 2. If the draft is not payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and payment is not made on the day it becomes payable or the day of presentment, whichever is later. DI. Tn any case in which presentment is otherwise required for dishonor under this section and presentment is excused under section 47-3504, dishonor occurs without presentment if the instrument is not duly accepted or paid. DII. If a draft is dishonored because timely acceptance of the draft was not made and the person entitled to demand acceptance consents to a late acceptance, from the time of acceptance the draft is treated as never having been dishonored. 26.Promissory Notes At this point, it is useful to define what a negotiable instrument is. Negotiable instrnments include both Bills of Exchange and Promissory Notes. This section will provide a legal definition of"promissory note": Promissory note. A promise or engagement, in writing. to pay a specified sum at a time therein limited, or on demand, or at sight, to a person therein named, or to his order, or bearer. A written promise made by one or more to pay another, or order, or bearer, at a s pecified lime. a specific amount of money, or other articles of va/11e. An unconditional written promise, signed by the maker, to pay abso/111e/y and at all events a s um certain in money, either co the bearer or to a p erson therein designated or his order, at a t ime specified /herein, or at a l ime which muse certainly in money. A signed paper promising to pay another a c ertain sum of money. An 11nconditiona/ written promise to pay a s pecified sum of money on demand or at a specified dace. S11ch a note is negotiable if signed by the maker and containing an unconditional p romise to pay a sum certain in money either on demand or all a d efinite time and payable to order or bearer. U.C.C. 5 3-104. [Black's law Dictionary. Fifth Edition, p. 1093) The key feature of the promissory note is that it is an unconditional promise or contract between two parties to pay a fixed sum of money. Therefore, promissory notes are unsuitable for use in arbitrating commercial disputes involving tax collection, because they cannot involve any kind of conditions upon the payment of the sums involved. Pg.011.
27.BilJs ofExchange Next, we provide legal definition for a "bill of exchange". Bills of exchange are what most people regard as "checks" issued against the drawer's bank account: "Bill of exchange. A three party instrument in which first party draws an order for the payment of a sum certain on a second party for payment to a third party at a definite future time. Same as "draft" under U.C.C. A c heck is a d emand bill of exchange. See also Advance bill; Banker's acceptance; Blank bill; Clean bill; Draft; Time bill." (Black's law Dictionary, Fifth Edition, p. 149) A bill of exchange, like a promissory note, is an unconditional order to pay a fixed sum of money by the drawer to his bank, who then pays the money to the acceptor of the check. In that sense, tax collection notices are unsuitable to be called a "bill of exchange" or to be subjected to the notary protest method applicable to bills of exchange because they bills of exchange are, unconditional. whereas responses to the IRS collection notices must be conditional as described elsewhere in this document. A bill of exchange, in common speech called a draft, is an open letter of request, addressed by one person to a second, desiring him to pay a s um of money to a third, or to any other to whom the third person shall order it to be paid: or it may be made payable to bearer, For instance:- " Boston, 1st January, 1852." Exchange for 100. One Hundred Pounds Sterling, value received, and place the same to account, as advised by" Sixty days after sight of this bill of exchange, pay to the order of George Green" To Mr. Jacob Brown, London," CHARLES WHITE.' 28.An Unrebutted Affidavit Stands as Truth "Court or Appeals may not assume the truth of allegations in a pleading which arc contradicted by affidavit. Where atfidavits are directly conflicting on material points. It is not possible for the district judge to "weight" the affidavits in order to resolve dispute issues: except in those rare cases where the facts alleged in an affidavit are inherent Iv incredible. and can be so characterized solelv by a reading of the affidavit, the district judge has no basis for a date of credibility: " (Data Disc, Inc v. Systems Tech. Assocs., Inc. 557 F2d 1280 (9 "' Cir. I 977)J Pg.011 Pg.012.
NOTICE REGARDING PUBLIC HAZARD BONDING OF CORPORATE AGENTS
all officials are required by federal, state and municipal law to provide the name, address and
telephone number of their public hazard and malpractice bonding company and the policy number
of the bond, and, if required, a copy of the policy describing the bonding coverage of their specific
job performance. Failure to provide this information constitutes corporate and limited liability
insurance fraud (15 USC) and is prima facia evidence and grounds to impose a lien ·upon the official
personally to secure their public oath and service of office.
Please provide the following information regarding your Surety Insurance Bonds and or Hazard/
Malpractice Bonds.
Complete Name:
Complete Address:
Complete Telephone, Fax, E-mail:
Individual Sureties are submitted, no additional information is required for this CLAIM 014.
Ill
ACKNOWLEDGEMENT
OATH
"Do
you swear or affirm that the contents of this document are true and correct? If so,
please state 'I do swear' or 'I do affirm.'
"I, __________________ , s wear or affirm that the contents of this
document are true and correct."
State of ________________)
)ss:
County of _______________)
On this ____ day of _________ 2023, before me, the undersigned Notary
Public , personally appeared _______________ Proved to me that
through satisfactory evidence to be the person whose name is signed on the preceding or
attached document, and acknowledge to me that he/she signed it voluntarily for its stated
purpose.
Pg.013.
seal:Just. Ct. R. Civ. proc. 140 Rule 140 - Entry of Default Judgment a.When a default judgment may be entered. A default judgment may be entered against a party who was served with a complaint, counterclaim, cross-claim, or third-party complaint, and who failed to file an answer or otherwise respond within the time allowed by these rules. [ARCP 55(a), (d)] b.Application for entry of default. A party seeking a default judgment must first file an application that the court enter a default against the party who failed to answer. The application must inform the party against whom default is sought of the party's failure to file an answer or otherwise respond within the time allowed by these rules. The application must further inform the party against whom default is sought, with either bold or enlarged font, that unless an answer or response is filed within ten (10) days from the filing of the application, the default will become effective and the entry of a default judgment will be requested. A default is entered against the party who has failed to respond when the application for entry of default is filed with the court. [ARCP 55(a)] c.Serving the application. The party who files an application for entry of default with the court must serve a copy of the application on the party claimed to be in default, as follows: (1) If the address of the party claimed to be in default is known, the application must be mailed to that address. (2) If the current address of the party claimed to be in default is unknown, the application must be mailed to the party's last known address. (3) If the party claimed to be in default has no known address, or the party has been served by alternative service or by publication, the party requesting the entry of default must state this in the application. (4) If the party who files the application knows that the party claimed to be in default is represented by an attorney concerning this lawsuit, the application must also be mailed to that attorney, whether or not the attorney has formally appeared in the lawsuit. A party filing an application for entry of default must also serve the application on the other parties in the lawsuit as provided by Rule 120. [ARCP 55(a)] d.Answer or response. If the party claimed to be in default files with the court a written answer or other response within ten (10) days after the application was filed pursuant to section (b) of this rule, the default does not become effective, and the court may not enter a default judgment against that party. The ten (10) day period begins the day after the application is filed with the court; the ten (10) day period does not include Saturdays, Sundays, or holidays, and no additional time is added for service by mail. [ARCP 55(a)] e.Request for entry of a default judgment without a hearing. After the ten (10) day period described above, the party who filed the application for entry of default may file a request for entry of a default judgment without a hearing. A party may request the entry of a default judgment without a hearing if the party's claim is for a specific amount, or if the Pg.014.
claim is for an amount that can be determined by a mathematical calculation. The party requesting the entry of a default judgment without a hearing must attach to the request for entry of a default judgment without a hearing a supporting affidavit concerning the claimed amount, along with attachments that prove the amount of the claim. A request for entry of a default judgment without a hearing may include a request for an award of reasonable attorneys' fees if: (i) the complaint requested attorneys' fees; (ii) an award of attorneys' fees is allowed by law and the legal basis is specified in the request; (iii) the request includes a separate affidavit with supporting exhibits concerning the amount of the fees; and (iv) if the fee request is based on a written contract, the contract is submitted with the request. A request for the entry of a default judgment without a hearing may also include a request for an award of court costs by attaching to the request a verified statement of costs. Any requests for attorneys' fees or costs must be filed at the same time as the request for entry of a default judgment. A request for entry of a default judgment, with all of the attachments to the request, must be served upon the party claimed to be in default as provided in section (c) of this rule. A party filing a request for entry of a default judgment must also serve the request and attachments on the other parties in the lawsuit as provided by Rule 120. Even though the requirements of this paragraph may be met, the court may decline a request for entry of a default judgment and may instead set the matter for a default hearing. The court will not enter a default judgment against a minor child or an incompetent person, or against a party who was served by publication, without a hearing. [ARCP 55(b)(1)] f.Default judgment hearing. If the party who filed an application for entry of default has a claim that is not for a specific amount, or if the amount of the claim cannot be determined by a mathematical calculation, then ten (10) days after the application for entry of default was filed, the party may file a request that the court set a default hearing to determine the terms of the judgment. The court may also set a matter for a default hearing on its own initiative following proper notice to the parties. The party requesting the hearing must serve the party against whom judgment will be entered, if that party has a known address, and the party's attorney, if any, with a written notice of the hearing at least three (3) days before the default hearing date. The party against whom judgment will be entered or that party's attorney may participate if that party or that party's attorney appears at the default hearing. A notice of hearing must also be served on other parties in the lawsuit as provided by Rule 120. The court may receive evidence at a default hearing, and the court must provide a jury trial when the law requires one. The court may enter a default judgment against a minor child or an incompetent person only if that child or person was represented at the hearing by a guardian or by legal counsel. Rule 140 - Entry of Default Judgment Just. Ct. R. Civ. proc. 140 Pg.015.
g. Form of default judgment. A default judgment may be prepared by the court or it may be prepared by a party and submitted to the court for signature. A party may submit a proposed default judgment at the time a request for entry of a default judgment without a hearing is filed, or at the time of a default hearing. A party who prepares and submits a proposed default judgment must also provide the court with stamped envelopes addressed to each party who has appeared in the lawsuit and to the party or parties in default, in order for the court to mail copies of the default judgment after it is signed by the judge. [ARCP 58(a), (d)] h. Default judgment against the State. A default judgment will be entered against the State or an officer or agency of the State only if the party requesting the default judgment proves the party's claim by satisfactory evidence. [ARCP 55(e)] i. Default judgment after service by publication. A default judgment may be entered against a party who was served by publication only if a verbatim record of the default proceeding is made and maintained by the court. [ARCP 55(f)] j. Setting aside a default or a default judgment. If the party claimed to be in default files a written answer after the ten (10) day period described in section (d), but before the filing of a request for entry of a default judgment without a hearing or a request for default judgment hearing, the court for a good reason provided by the answering party, or the court on its own initiative, may set aside the default and allow the lawsuit to proceed as if the answer was timely, subject to an opportunity of the plaintiff to object. If the default is not set aside as provided in this section, judgment may only be entered after a default judgment hearing. A default judgment that has been entered may be set aside by a motion as provided in Rule 141(c). [ARCP 55(c)] Just. Ct. R. Civ. proc. 140 A default judgment entered at a hearing may include an award of attorneys' fees and costs when established in the manner provided in section (e) of this rule. Any request for attorneys' fees or costs must be filed at the same time as the request for a default hearing. [ARCP 55(b)(2)] Rule 140 - Entry of Default Judgment Just. Ct. R. Civ. proc. 140 Pg.016.
NOTICE TO ALL RESPONDENTS THIS DOCUMENT AND ATTATCHMENTS ARE NOT INTENDED TO TO HARASS, INTIMIDATE,OFFEND, CONSPIRE, BLACKMAIL, COERCE, CAUSE ANXIETY, ALARM OR DISTRESSOR IMPEDE PUBLIC PROCEDURES. THEY ARE PRESENTED PURSUANT TO LEGAL AUTHORITY TO FACILITATE THE STATED INTENTION OF ACHEIVING HONORABLE SETTLEMENT. ANY AFFIRMATION CONTRARY TO THIS STATED INTENTION WILL COMPRISE YOUR STIPULATION TO COMMITTING A FRAUD UPON THE COURT. Pg.017.
1) 6417 E Calle Hurculo Tucson, AZ [85710] APN: 135-02-3550, 2) 12916 W. Butter Bush St. Tucson AZ [85743] APN: 215-29-1390, 3) 4917 E. 13th St. Tucson, AZ [85711] APN: 128-11-3550, 4) 130 E. Navajo Rd. Tucson, AZ [85705) APN 106-03-0630, 5) 7122 E. Kingston Dr. Tucson, AZ [85710] APN: 133-22-1180, 6) 2720 N. Sparksman Blvd. Tucson, AZ [85716] APN: 111-07-1720, 7) 280 E. Pastime Rd. Tucson, AZ [85705] APN: 106-01-166C 8) 5831 E. lstSt. Tucson, AZ [85711] APN: 127-03-1310, 9) 5750 E. 1st St. Tucson, AZ [85711] APN: 127-03-1040, 10)5641 E. 23rd St. Tucson, AZ [85711] APN: 131-10-0140, 11)2720 N. Fritz Dr. Tucson, AZ [85705] APN: 107-13-0610, 12)2220 E. Grant Rd. Tucson, AZ [85719] APN: 123-05-2740. 13)2780 N. La Cienega Dr. Tucson AZ [85715] APN: 114-47-2450 14)4737 W. Lessing Ln. Tucson, AZ [85742] APN: 221-11-0590 Pg.018. ATTACHED SUBJECT PROPERTIES