PRIVATE BANKING

PURPOSE: To produce monetary value for public and private trade

*Learn the history of money and banking and that it is actually the same system
that has been in place for the last 6,000 years
*Learn about the US bankruptcy and how to use it to your advantage
*Learn about the different means of exchange and the instruments used
*Find out how “fighting the system” is a waste of time and how understanding and how ACCEPTING the system is extremely successful
*Learn how to create “money” through exchange.

FINAL PRODUCT: The ability to use the current system to obtain prosperity

It is important to understand just what our “government” is, in order to operate effectively in this system. Did you know that it is actually a trust? Before explaining how the government is a trust, we will first examine a “trust” that most of us are familiar with – a “Deed of Trust.” You might be saying to yourself, “you mean my mortgage?” No – I mean your trust!

Go to your filing cabinet and pull out your file on what you think is the “mortgage to your house.” Now for the fist time, READ IT. What does it say? Is a Deed of Trust different than a Mortgage? Let’s find out!

The following definitions will be used from the Black’s 4th and 6th editions;

Trust. An obligation on a person arising out of confidence reposed in him to apply property faithfully and according to such confidence; as being in nature of deposition by which proprietor transfers to another property of subject in trusted, not that it should remain with him, but that it should be applied to certain uses for the be hoof of third party.

Trustor. A person who creates a trust, also called a Settlor.

Trustee. Person who holds title to the res and administers it for the others’ benefit.

One must be an attorney to operate a title company. If the title companies “hold” all the titles of the Deed of Trusts in the Country, then who “holds” all the titles? That’s right attorneys!

Beneficiary. One for whose benefit a trust is created. One receiving benefit or advantage, or one who is in receipt of benefits, profits, or advantage.

Settlor. One who furnishes the consideration for the creation of a trust, though in form the trust is created by another.

Did you know when you signed the Deed of Trust that you were giving “benefit and advantage” to the bank? Who created the Deed of Trust? The bank did, so why wouldn’t the bank draw up the contract for their own advantage if we don’t say anything against it?

Mortgage. [L. mort dead + gage pledge, or bet; the estate pledged becomes dead or entirely lost by failure to pay.] An assignment or conveyance of land or house property to a person as security for the payment of a debt due to him and on the condition that if the money shall be paid according to contract the grant shall be void. The Consolidated Webster Encyclopedic Dictionary, 1939 edition.

Most states have passed the “Deed of Trust Act” and for the purpose of making it easier to evict people out of their homes by not going into court. Why would they change the name of a mortgage to a Deed of Trust? Perhaps they are not holding the “land or house property” as security. What would the security be then?

Deed of trust. An instrument in use in many states, taking the place and serving the uses of a common-law mortgage, by which the legal title to real property is placed in one or more trustees, to secure the repayment of a sum of money or the performance of other conditions.

Instead of having the land be security the bankers have replaced this with “legal title to real property.” Does this mean a “legal description?” Can the “legal description” ever be the “land or house property?” Since there is no money what would “the performance of other conditions” be? Could this be the delivery of the Promissory Note?

Grant. To bestow; to confer upon some one other than the person or entity which makes the grant

Grantor. The person by whom a grant is made.

Legal. Conforming to the law; according to law; created by law.

Description. A written enumeration of items composing an estate, or of its condition, or of titles or documents; like an inventory, but with more particularity, and without involving the idea of an appraisement.

The dictionary did not have the term “legal description,” so a summary of the words would be “a written enumeration of items composing an estate created by law.” Since law is a fiction then what actually is a legal description?

The “legal description,” or should I say the “strawland,” is the birth certificate for the soil, the dirt, the substance that you own. It is the “title,” but can never be the real thing or take the place of it – NEVER under ANY CIRCUMSTANCES!

Title. The evidence of right which a person has to the possession of property. The word “title” certainly does not merely signify the right which a person has to the possession of property; because there are many instances in which a person may have the right to the possession of property, and at the same time have no title to the same.

Isn’t that interesting! Title does NOT signify the “right to possession.” One may have “right of possession and have no title to the same!” This is why the bank must “create a right of possession” in order to take your property away when you do not “pay.” You see, the bank does not have title before this instance, the title company has the title, so the bank must “create” a title. But first the bank must create a “right of possession.” They must notice you by posting a notice on the property, sending you certified mail, putting it in the newspaper, recording it in the public record and posting it on the public bulletin board. When you do not respond to these notices, it is assumed that you give your consent, and therefore they now have “right of possession.”

Grantor’s Trust. A trust whereby the Grantor is considered to be the owner so that he can maintain the property and pay the taxes on it.

Fructus. Fruits; produce; profit or increase; the right to the fruits of a thing belonging to another.

Usufruct. The right of enjoying a thing, the property of which is vested in another, and draw from the same all the profit, utility, and advantage which it may produce, provided it be without altering the substance of the thing.

Does the above definition say what I think it says? Are we being “usufructed” by the banks?

Tenant. One who holds lands of another; one who has the temporary use and occupation of real property owned by another person (called the “landlord”) the duration and terms of his tenancy being usually fixed by an instrument called a lease.

Joint Tenancy. An estate in fee-simple, fee-tail, for life, for years, or at will, arising by purchase or grant to two or more persons.

If you signed your Deed of Trust “Joint Tenancy,” what did you do? Did you actually sign a lease agreement with the “landlord” that call themselves the bank?

Here is a quote from a Deed of Trust – “WITNESSETH: That Trustor hereby irrevocably grants, conveys, transfers and assigns to the Trustee in Trust, with Power of Sale, the above described real property, together with leases, issues, profits, or income there from: SUBJECT, however to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such property income.”

Assignment of lease. Such occurs where lessee transfers entire unexpired remainder of term created by lease .

What did you do when you signed the Deed of Trust at the title company? You “assigned the lease” between you (the Settlor) and the Trustor (the straw-man) to the Beneficiary (the landlord). What were you thinking? How did the Deed of Trust become a lease, anyway?

Executed. Completed; carried into full effect; already done or performed; taking effect immediately; now in existence or in possession; conveying an immediate right or possession. A trust does not become fully “executed” until subject matter of it has been properly paid over to beneficiaries.

Execute. To complete; to make; to perform; to do; to follow out. The “execution” of a note involves not only the signing but the delivery of the note.
[Latin executus to follow to the end; from ex out + sequor to follow.]

Delivery. The act by which the res or substance thereof is placed within the actual or constructive possession or control of another.

Subject matter. The subject, or matter presented for consideration; to recover money

What would be the “subject matter, res or substance” of a Deed of Trust and the notes “secured thereby?” What is the subject matter presented for consideration? Would this be “money” or substance or would this be what our society “uses as money?”

Registered. Entered or recorded in some official register or record or list.

Security. Protection; assurance; indemnification. The term is usually applied to an obligation, pledge, mortgage, deposit, lien, etc., given by a debtor in order to make sure the payment or performance of his debt, by furnishing the creditor with a resource to be used in case of failure in the principal obligation.

To understand how the “money” system works today, one must remember the 73rd Congress, March 9, 1933;

“The money (Federal Reserve Notes) will be worth 100 cents on the dollar, because it is backed by the credit of the nation. It will represent a mortgage on all the homes and other property of all the people in the nation. The money so issued will not have one penny of gold coverage behind it, because it is really not needed.”

Since the “national emergency in banking,” otherwise known as bankruptcy occurred in 1933, our “money” is credit – your credit – backed by your collateral or your promise. When you sign any promise to pay, it becomes MONEY! What is the difference between Federal Reserve Notes and the Promissory Note you gave the bank? They both represent your credit. Only one thing is different – the bank failed to record your Promissory Note when they recorded the Deed of Trust, therefore it is not “registered” in the public register like FRNs are. Could this be considered “fraudulent use of a foreign security?” You better believe it is!

Will. A “will” is not a sheet of paper, nor a number of sheets or pages, but consists of the words written thereon. And the form of an instrument is of little consequence in determining whether it is a will, but if it is executed with formalities required by statute, and if it is to operate only after death of maker, it is a “will?” The difference between a will and a trust is that a will operates from the moment of death, while a trust operates in present to a certain extent.

Testator. One who makes or has made a testament or will; one who dies leaving a will.

Substitution. The putting one person in place of another; particularly, the act of a testator in naming second devisee (receiver of real property by will) or legatee (receiver of personal property by will) who is to take the bequest either on failure of the original devisee or legatee or after him.

Executor by substitution. A successor executor appointed by testator entitled to succeed to administration of estate following resignation of first executor who had partially administered upon such estate.

Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.

You may be thinking by now, “what does all of these terms about death got to do with the Deed of Trust?” What happens when you execute something? You kill it, it dies. OK, so what died?

Have you ever wondered why the bank issues a “Notice of Substitution of Trustee” before they issue a Notice Trustee’s Sale? They must replace the original trustee, because someone, or “something” died – as in a mortgage (dead pledge).

The following is a quote from a Full Reconveyance that the bank gives you when you pay off a loan.

“Said Deed of Trust was executed by JOHN A. DOE (“Trustor”) to SHYSTER BANK (“Original Beneficiary”), and recorded in the official records of PIMA County, ARIZONA, as follows: Date Deed of Trust Recorded: September 28, 1998.”

The date given above as the date the Deed of Trust was “executed” was the same date that
the Promissory Note was “signed and delivered,” not when the loan was paid off. The bank is telling you that the trust was completed when you delivered the note to them. THESE ARE THEIR OWN WORDS!

So, the trust or trustor died! Who is the trustor? How did they spell the name of the trustor? With all capital letters? Is this you or is it Memorex (the straw-man)?

Drill: If you think we are no longer in the feudal system here in the “good ol’ US of A,” THINK AGAIN. If either you or a friend has a Deed of Trust, go to your files and pull out the copy of it and read the first page and answer the following questions;

1.Did you know you created a TRUST when you obtained your house?
2.Who is the TRUSTOR – you or the STRAW-MAN?
3.Who is the TRUSTEE?
4.Who is the BENEFICIARY?
5.What is the “described property,” the land or a list of measurements of a fictitious location?
6.If you irrevocably “grant” a legal description to the TRUSTEE, who is the GRANTOR; and just what exactly was granted? (hint: not the land)
7.Did the husband and wife sign as joint TENANCY? If so what does that make the TRUSTOR – the owner or the TENANT?
8.If the TRUSTOR is now the tenant making payments to the Beneficiary – is the bank in fact the LANDLORD?
9.If one (the mortgage or trust) dies and the property is disposed of – what is it?
10.What really is this document called the Deed of Trust?
a.a trust
b.a grant
c.a lease
d.a will
e.a contract
f.all of the above
1.If you said “f” you are correct – but if the TRUSTOR is the straw-man, how do
you fit into this mystery – are you the Settlor or the Surety?
2.Who gave the consideration for this contract?
3.Are all the above “persons” and property real or fictitious?
4.If this is fiction – who had the land in the first place before ever walking into the Title Company to sign the loan? (hint: YOU!!!)
5.Who is security for the Federal Reserve Notes? (same answer)
6.Who then paid for the loan when they signed the Promissory Note? (no hints)
7.So why do we think we are the tenant when we get a late notice or a NOTICE OF TRUSTEE SALE from the bank, when the property was ours in the first place AND we paid for it again with our Promissory Note?

THE SOLUTION

Now that you know what a Deed of Trust really is, you can solve this riddle. Here are a few more words to define to get a grasp of how much power you really have.

Banking. The business of receiving money on deposit, loaning money, discounting notes, issuing notes for circulation, collecting money on notes deposited, negotiating bills, etc.

Bank. An institution, usually incorporated with power to issue its promissory notes intended to circulate as money (known as bank notes); or to receive the money of others on general deposit, to forma joint fund that shall be used by the institution, for its own benefit; The term “bank” is usually restricted in its application to an incorporated body; while a private individual making it his business to conduct banking operations is generally denominated a “banker.”

Banker. A private person who keeps a bank; one who is engaged in the business of banking. One who carries on the business of banking by receiving money on deposit with or without interest, by buying and selling bills of exchange, promissory notes, gold or silver coin, bullion, uncurrent money, bonds or stock, or other securities, and by loaning money without being incorporated.

Banker’s Note. A commercial instrument resembling a bank note (a promissory note issued by a bank intended to circulate as money) in every particular except that it is given by a private banker or unincorporated banking institution.

Bill of Exchange. A written order from A. to B. directing B. to pay C. a certain sum of money therein named. A “check” differs from a “bill of exchange” in that it is always drawn on a deposit whereas a bill is not.

Foreign Bill of Exchange. A bill of exchange drawn in one state or country, upon a foreign state or country.

Foreign Exchange. Conversion of the money of one country into its equal of another country. Process by which money of one country is used to pay balances due in another country.

As one can see from the above definitions, you are a “banker” that can “issue promissory notes intended to be circulated as money.” Since that is what ALL currency is today – your credit – it should not be a stretch for the imagination to think that you can USE YOUR OWN CREDIT! You are “foreign” to UNITED STATES so you can use your credit to pay the balance due in another country (or should we say “corporation” such as UNITED STATES). The “balance” representing the interest that a person owes you when they are using YOUR credit.

Since the straw-man is a corporation created by the state to account for the credit that they are using in your name, it stands to reason that the straw-man represents UNITED STATES and THEIR debt – not you and your debt. You are the creditor, and the state or UNITED STATES is the debtor. They owe you exemption for using your credit, but since they are bankrupt, there is no “substance money,” so you, as the creditor, will have to get paid by taking equity, such as your house and your car as a setoff.

As one can see from the above definitions, you are a “banker” that can “issue BILLS OF EXCHANGE (BOE) intended to be circulated as money.” Since that is what ALL currency is today – your credit – it should not be a stretch for the imagination to think that you can USE YOUR OWN CREDIT! However, you are not going to use your credit, which creates more debt – you are going to by using your EXEMPTION.

Exemption. Freedom from a general duty or service; immunity from a general burden, tax, or charge, Immunity from service of process or from certain legal obligations, as jury duty, military service, or the payment of taxes; Property exempt in bankruptcy proceedings is provided for under Bankruptcy Code sec. 522.

Exempt. [L. exemptum, to take out, to remove, from ex, out + emo, to buy, to take.] To free or permit to be free from any charge, burden, restraint, duty to which others are subject; to grant immunity.

Accept. [L. acceptare, from ad, to + capio, to take.] To take or receive, as something offered; to acknowledge with a signature and thus promise to pay a Bill of Exchange.

All municipalities and corporations are bankrupt because they have no substance to back up their currency. We, as sovereigns, bailed them out by letting them use OUR PROPERTY as collateral, then they mortgaged it and – Vwala – there was currency. However, we are EXEMPT because they are using our credit to make trillions of dollars a year, and therefore, we are entitled “to take” a portion of their equity in return.

You are going TO TAKE what is already yours and in your possession. Since there is no money, you can only “take” equity – goods and services – from the corporations using your credit as they are BANKRUPT! You will be sending a copy of the BOE to Timothy F. Geithner in a “private” capacity as the trustee for the US Bankruptcy. This is done privately because you cannot deal with a fiction.

You are “foreign” to UNITED STATES and all other corporations, so you can use your EXEMPTION as a FOREIGN BILL OF EXCHANGE to pay the balance due in another country (or should we say “corporation” such as UNITED STATES). The “balance” representing the interest that a person owes you when they are using YOUR credit.

Since the straw-man is a corporation created by the state to account for the credit that they are using in your name, it stands to reason that the straw-man represents UNITED STATES and THEIR debt – not you. You are the creditor, and the state or UNITED STATES is the debtor. They owe you interest for using your credit, but since they are bankrupt, there is no “substance money,” so you, as the creditor, will have to get paid by taking equity, such as your house and your car as a setoff.

Power of acceptance. Capacity of offeree, upon acceptance of the terms of the offer, to create a binding contract.

House Joint Resolution 192, June 5, 1933, states that one cannot demand a certain form of currency that they want to receive if it is dollar for dollar as ALL CURRENCY IS YOUR CREDIT!! If they do, they are in breach of the contract of HJR 192. You have already accepted this contract and now they must perform.

Pursuant to the contract with the corporation that you are discharging the debt of and HJR 192, they must give you a Letter of Release or Payment in Full.

If you have not received the release in 14 days then send them a DEFAULT and contact a notary to do a process that will give you a CERTIFICATE OF DISHONOR, because they are in breach of the contract at this time.

Conveyance. The transfer of title from one person to another. An instrument in writing under seal, by which some estate or interest in lands is transferred from one person to another.

Reconveyance. It takes place where a mortgage debt is paid off, and the mortgaged property is conveyed again to the mortgagor or his representatives free from the mortgage debt.

Have you ever wondered why the banks use the term “Reconveyance?” If “conveyance” means the transfer of title, then does “Reconveyance” mean to transfer title back to you? Did you know that you had “interest in the land” before you ever walked into the title company to sign “your loan?”

Now that you have issued a promissory note to the bank and they have acknowledged your payment by admitting that it is a “security” and that it “executed” the Deed of Trust at the time you gave them the promissory note.

Since the bank did not record the promissory note, it is not “registered” so instead of waiting for the bank, as beneficiary of the deed of trust to do this – you do it as the Settlor of the trust. Take out a copy of your Promissory Note and sign it as “Settlor,” the one who furnished the consideration. Now you are accepting the promise that the Trustor (straw-man) made to the bank and therefore discharging the debt by using your exemption. Then record the note and have the county recorder, the public fiduciary, register it and do a service of process on the bank by mailing it to them.

Pursuant to the contract (Deed of Trust) they must give you a FULL RECONVEYANCE.

If you have not received the FULL RECONVEYANCE in ten days then contact a notary and do a process that will give you a CERTIFICATE OF RECONVEYANCE. Then record the Reconveyance yourself as Settlor for the bank, because they are in breach of the contract at this time.

Breach. The breaking or violating of a law, right, or duty, either by commission or omission.

Breach of contract. Failure, without legal excuse, to perform any promise which forms the whole or part of a contract; Unequivocal, distinct and absolute refusal to perform agreement.

Notary Public: A public officer whose function it is to administer oaths; to attest and certify, by her or his hand and official seal, certain classes of documents, in order to give them credit and authenticity in foreign jurisdictions; to take acknowledgements of deeds and other conveyances, and certify the same; and to perform certain official acts, chiefly in commercial matters such as the protesting of notes and bills, the noting of foreign drafts, and marine protests in cases of loss or damage. One who is authorized by the State or Federal Government to administer oaths, and to attest to the authenticity of signatures. Black’s 6th edition

Notary Public. A legal practitioner, usually a solicitor, who attests or certifies deeds and other documents and notes or protests dishonoured bills of exchange.
Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996

Certificate. A “certificate” by a public officer is a statement written and signed, but not necessarily or customarily sworn to, which is by law made evidence of the truth of the facts stated for all or for certain purposes.

Land Certificate. A certificate is given to the registered proprietor, and similarly upon every transfer of registered land. This registration supersedes the necessity of any further registration in the register counties (county recorder). It contains a description of the land as it appears on the register and the name and address of the proprietor, and is prima facia evidence of the truth of the matters therein set forth.

Torrens Title System. A system for registration of land under which, upon the land-owner’s application, the court may, after appropriate proceedings, direct the issuance of a certificate of title. With exceptions, this certificate is conclusive as to applicant’s estate in land. System of registration of land title as distinguished from registration or recording of evidence of such title.

Investiture. A ceremony which accompanied the grant of lands in the feudal ages, and consisted in the open and notorious delivery of possession in the presence of the other vassals, which perpetuated among them the area of their new acquisition at the time when the art of writing was very little known; and thus the evidence of the property was reposed in the memory of the neighborhood, who, in case of disputed title, were afterwards called upon to decide upon it.

According to the above definitions, a notary can issue a certificate authenticating a transfer of title of land referred to as “conveyance” a “land certificate.” The transfer of land that we are concerned with must be according to the contract called a “deed of trust.” We must create a “right of possession” just as the bank does. We must notice the bank similarly as they do. And when they do not answer, they give their consent – just as we have given our consent when we do not answer the NOTICE OF TRUSTEE SALE that the banks send you when they claim you “breach” the deed of trust.

Pursuant to your deed of trust, the bank must record a FULL RECONVEYANCE when you have “paid the loan off.” But, if they do not record the Reconveyance, THE BANK IS NOW IN BREACH! Now, as Settlor, you will have to bypass them.

Bank charges. This term in an action on a Bill of Exchange is equivalent to expenses of noting and may be especially endorsed as a liquidated demand.

Liquidated demand. A demand the amount of which has been ascertained or settled by agreement of the parties, or otherwise.

Noting. The act of a notary in minuting on a bill of exchange, after it has been presented for acceptance or payment, the initials of his name, the date of the day, month, and year when such presentment was made, and the reason, if any has been assigned, for non-acceptance or non-payment, together with his charge. Black’s 4th edition

Minutes. Practice. A memorandum of what takes place in court, made by authority of the court. Black’s 4th edition

Charge. In Equity practice. A written statement presented to a master in chancery (notary public) by a party (you) of the items with which the opposite party should be debited or should account for, or of the claim of the party making it. A charge may embrace the whole liabilities of the accounting party.

The phrases “in an action” and “noting” are referring to the Notarial process detailed in Course 5, and will be enumerated again in the instructions below. The Notarial process of “noting” is equivalent to a court procedure, the end product being a “certificate of dishonor” or some other certificate, authenticating that an action has been done between 2 parties and that the parties are in agreement. The banks term this document a “BREACH AND NON-PERFORMANCE” and is recorded with the NOTICE OF SUBSTITUTION OF TRUSTEE. The “BREACH AND NON-PERFORMANCE” is the certificate the bank uses as a “certificate of dishonor” issued by a notary. You are going to duplicate their process back to them.

So after you have finished the notarial process, the notary will issue you a “certificate” indicating transfer of title. However, instead of the notary issuing a land certificate, the notary will issue a “CERTIFICATE OF RECONVEYANCE.” Since “land certificate” would indicate 2 parties and thus a direct transfer we cannot use this term. We must follow the stipulations in the deed of trust as there are three (3) parties concern, and therefore we must “reconvey” the title or “convey” “back” title to the “person” who granted the property in the deed of trust. This would be the TRUSTOR, ie. JOHN DOE not John Doe.

If the bank is admitting that the TRUSTOR had title from the beginning then there is already a “right of possession” in place. Right of possession already existed before even the signing of the deed of trust. This is the reason that we can simply “reconvey” without the need to proceed with a TRUSTEE SALE.

Settlement. Act or process of adjusting or determining; an adjusting; an adjustment between persons concerning their dealings or difficulties; an agreement by which parties having disputed matters between them reach or ascertain what is coming from one to the other; and liquidation.

Liquidation. The act of process of settling or making clear, fixed, and determinate that which before was uncertain or un-ascertained; winding up and distribution of assets among creditors and stockholders.

Wind up. To settle the accounts and liquidate the assets of a corporation, for the purpose of making distribution and dissolving the concern.

Settle up. A term, colloquial rather than legal, which is applied to the final collection, adjustment, and distribution of the estate of a decedent, a bankrupt, or an insolvent corporation. It includes the processes of collecting the property, paying debts and charges, and turning over the balance to those entitled to receive it.

Deed of settlement. The party who settles property is called the “settlor.”

Settlor. One who furnishes the consideration for the creation of a trust although the in form the trust is created by another.

Since the bank is already in bankruptcy (chapter 11) and they breach the contract (deed of trust) by not transferring title when the contract is executed, you can “liquidate” the contract. You are the Settlor – one who “settles property.”

Final settlement. This term, as applied to the administration of an estate, is usually understood to have reference to the order of court approving the account which closes the business of the estate, and which finally discharges the executor or administrator from the duties of his trust.

Now you have created a “default” against the bank with a public official (a deputy superior
court clerk) as a third party witness just as the bank has done before they liquidate the trust property at the TRUSTEE SALE. And now, since you have finished the administrative process on this matter, you will record a FULL RECONVEYANCE for the bank, as the Settlor, and reconvey the property to the “person” entitled to it which is your straw-man corporation, ie. JOHN DOE, the original TRUSTOR of the Deed of Trust. The CERTIFICATE OF RECONVEYANCE is “final settlement” by the “order of court” called the notary process which “closes the business of the estate” by closing the account of the deed of trust.

In the below “principals of law,” remember the Secured Party is you.

UCC 9-607. Collection and Enforcement by Secured Party.
(b) [Nonjudicial enforcement of mortgage.] If necessary to enable a secured party to
exercise under subsection (a)(3) the right of a debtor to enforce a mortgage non-judicially, the secured party may record in the office in which a record of the mortgage is recorded:
1.a copy of the security agreement that creates or provides for a security interest in the
obligation secured by the mortgage; and
2.the secured party’s sworn affidavit in recordable form stating that:
a.a default has occurred; and
b.the secured party is entitled to enforce the mortgage non-judicially.

The Deed of Trust is the “security agreement.” The NOTICE OF RECONVEYANCE
that you recorded is part of the agreement as well. The affidavit, entitled NOTICE OF DEFAULT, is the “sworn affidavit in recordable form stating that a default has occurred.”

UCC 9-609. Secured Party’s Right to Take Possession After Default.
(a) [Possession; rendering equipment unusable; disposition on debtor’s premises.] After default, a secured party:
1.may take possession of the collateral;
(b) [Judicial and nonjudicial process.] A secured party may proceed under subsection (a):
(2) without judicial process, if it proceeds without breach of the peace.

Now that you have completed your “nonjudicial process,” you can collect the collateral and take possession of it. Since you already live there, you “may proceed without judicial process, if it proceeds without breach of peace.”

INSTRUCTIONS FOR RECONVEYANCE

PURPOSE: As a Creditor of UNITED STATES and all other sub-corporations private and public, you are owed interest for the gold and all property that you “loaned” them starting March 9, 1933 to date. There is NO MONEY. In order to start getting your interest back, you must NOTICE your DEBTORS of what you expect them to do and the consequences if they do not comply. This file contains all the documents you will need to “register” your promissory note that you already have paid the bank and as a result get your house conveyed back to you or as they term it – a FULL RECONVEYANCE.

Following is a step by step list of actions that will instruct you on the specifics of how to take your house back after you have discharge it with your promissory note. Below is a list of the documents that one will need in this process;

1.NOTICE OF RECONVEYANCE
2.NOTICE OF DEFAULT
3.NOTICE OF BREACH – from a Notary
4.CERTIFICATE OF RECONVEYANCE – from a Notary
5.FULL RECONVEYANCE – from the Substitution Trustee

1.The NOTICE OF RECONVEYANCE is for the return of your equity (your house) when you signed the Promissory Note on your house – the banks have used your Note, and now, as their Settlor, you want the equity and the rents back.

a.Word process the NOTICE OF RECONVEYANCE for all of the correct information
b.When doing your Promissory Note, create a new document on your computer and make a signature line just like the one you signed on the note originally, but type your name in upper and lower letters under the left side of the line and Settlor under the right side of the line. Then print it, cut it out and paste it on the right hand side of the Promissory Note. Then make a copy of it and have the copy notarized when you get the Notice notarized. The signatory should look like this.
_____________________________
John Henry Doe Settlor
EIN # 123456789 PREPAID

c.NOTE: If you cannot locate your Promissory Note, request a copy from the bank. If they don’t send you a copy, get a copy of a friend’s note and type in all of your info and record it. If they ever challenge it, they will have to bring a certified copy both front and back of the original – which they probably don’t have; the back will also show that the note was “PAID TO THE ORDER OF ______ BANK” which proves that the bank indeed collateralized your note just as they would deposit a check. Either way they lose.
d.Attach the Promissory Note to the NOTICE OF RECONVEYANCE and get both notarized
e.Record the Notice with the County recorder. The original will go to the bank, so pay for a copy of the Notice to be sent to you. The reasons why you are recording this notice with the Recorder is that they are the PUBLIC FIDUCIARY for you as a SETTLOR and they must accept your instrument, register your instrument and deliver the instrument to your DEBTOR. Now the bank has received a “registered security.”
f.When you get the copy back from the Recorder, wait ten (10) days for your FULL RECONVEYANCE from the bank.

2.NOTICE OF DEFAULT

After giving ten (10) days and you have received no response, prepare the NOTICE OF DEFAULT. This document is the entering in of the charge to the Notary Public who is acting as a Deputy Superior Court Clerk. Take this document to the notary, notarize it and have the notary start the Notarial Protest. If the Respondents do not answer in 10 days, the notary will notice them again to give them one more opportunity. Then the notary will issue a CERTIFICATE OF RECONVEYANCE which is considered a DEFAULT JUDGMENT.

3.NOTICE OF BREACH – by a Notary Public

Now we will go through the process called a Notarial Protest, a very powerful process that will create a witness against the Respondent through a Public Official. Following is the definition of a Notary Public according to Black’s Law Dictionary, 6th edition. It is important to know why you need to use a Notary Public.

Notary Public: A public officer whose function it is to administer oaths; to attest and certify, by her or his hand and official seal, certain classes of documents, in order to give them credit and authenticity in foreign jurisdictions; to take acknowledgements of deeds and other conveyances, and certify the same; and to perform certain official acts, chiefly in commercial matters such as the protesting of notes and bills, the noting of foreign drafts, and marine protests in cases of loss or damage. One who is authorized by the State or Federal Government to administer oaths, and to attest to the authenticity of signatures. Black’s 6th edition

NOTARY PUBLIC. A legal practitioner, usually a solicitor, who attests or certifies deeds and other documents and notes or protests dishonoured bills of exchange.
Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996

Pursuant to Arizona Revised Statutes (ARS) Title 41-332;

Secretary of the State; deputy county clerk; county clerk functions
“…each clerk of the superior court shall deputize the secretary of state and the secretary’s designees as deputy county clerks of the superior court solely for the performance of the superior court clerk’s functions…”

SECRETARY OF STATE. In American law. Title of the chief of the executive bureau of the United States called the “Department of State.” He is a member of the cabinet, and is charged with the general administration of the international and diplomatic affairs of the government. In many of the state governments there is an executive officer bearing the same title and exercising important functions. In English law. The secretaries of state are cabinet ministers attending the sovereign for the receipt and dispatch of letters, grants, petitions, and many of the most important affairs of the kingdom, both foreign and domestic. Black’s 4th edition

As you should now know, each of us are a separate “foreign sovereign nation.” The Secretary of the State’s main function is to attend the to the sovereign – you.

Commission: An authority or writ issuing from a court, in relation to a cause before it, directing and authorizing a person or persons named to do some act or exercise some special function; usually to take the depositions of witnesses.

Commissioner: A person to whom a commission is directed by the government or a court. A person with a commission. An officer who is charged with the administration of the laws relating to some particular subject matter, or the management of some bureau or agency of the government. Member of a commission or board. Specially appointed officer of the Court.

All notary publics are assigned a “commission” by the secretary of the state and deputized by the notary public of the Superior Court.

TABELLIO. In Roman law. An officer corresponding in some respects to a notary. His business was to draw legal instruments, (contracts, wills, etc.,) and witness their execution. Tabelliones differed from notaries in many respects; they had judicial jurisdiction in some cases, and from their judgments there were no appeals. Notaries were then the clerks or aiders of the tabelliones; they received the agreements of the parties, which they reduced to short notes; and these contracts were not binding until they were written in extenso, which was done by the tabelliones. Black’s 4th edition

In summary of the above definitions, a Notary Public is a commissioner designated by the secretary of the state and deputized to be a deputy superior court clerk to hear certain issues presented to them by foreign agents by taking depositions of the parties termed “notes.” In order for the “notes” (contracts) to be binding they are registered with the secretary of state.

BILL OF EXCHANGE. An unconditional order in writing, addressed by one person (the drawer/debtor) to another (the drawee/your straw-man) and signed by the person giving it, requiring the drawee to pay on demand or at a fixed or determinable future time a specified sum of money to or to the order of a specified person (the payee/Timothy F. Geithner/trustee of U.S. Bankruptcy) or to the bearer. If the bill is payable at a future time the drawee (your straw-man) signifies his acceptance (by you as the creditor of both the drawer and drawee AND the payee), which makes him the party primarily liable upon the bill; the drawer and endorsers may also be liable upon a bill. The use of bills of exchange enables one person to transfer to another an enforceable right to a sum of money. A bill of exchange is not only transferable but also negotiable, since if a person without an enforceable right to the money transfers a bill to a holder in due course, the latter obtains a good title to it. Much of the law on bills of exchange is codified by the Bills of Exchange Act 1882 and the Cheques Act 1992.
Dictionary of Law, Oxford University Press © Market House Books Ltd 1997

DISHONOR. Failure to honour a bill of exchange. This may be by nonacceptance, when a bill of exchange is presented for acceptance and this is refused or cannot be obtained (or when presentment for acceptance is excused and the bill is not accepted); or by nonpayment, when the bill is presented for payment and payment is refused or cannot be obtained (or when presentment is excused and the bill is overdue and unpaid). In both cases the holder has an immediate right of recourse against the drawer and endorsers, but foreign bills that have been dishonoured must first be protested (see protest).
Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996

NOTE A BILL. When a foreign bill has been dishonored, it is usual for a notary public to present it again on the same day and if it be not then paid, to make a minute, consisting of his initials, the day, month, and year, and reason, if assigned, of non-acceptance. The making of this minute is called “noting the bill.”

UCC 3 § 505. Protest; Noting for Protest
* * * (b) A protest is a certificate of dishonor made by a United States consul or vice consul, or 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 shall 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 nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.

NOTING. 1. The procedure adopted if a bill of exchange has been dishonoured by non-acceptance or by non-payment. Not later than the next business day after the day on which it was dishonoured, the holder has to hand it to a notary public to be noted. The notary re-presents the bill; if it is still unaccepted or unpaid, the circumstances are noted in a register and also on a notarial ticket, which is attached to the bill. The noting can then, if necessary, be extended to a protest.
Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996

NOTING. The act of a notary in minuting on a bill of exchange, after it has been presented for acceptance or payment, the initials of his name, the date of the day, month, and year when such presentment was made, and the reason, if any has been assigned, for non-acceptance or non-payment, together with his charge. Black’s 4th

MINUTES. Practice. A memorandum of what takes place in court, made by authority of the court. Black’s 4th edition

CHARGE. In Equity practice. A written statement presented to a master in chancery (notary public) by a party (you) of the items with which the opposite party should be debited or should account for, or of the claim of the party making it. A charge may embrace the whole liabilities of the accounting party.

TICKET. In contracts. A slip of paper containing a certificate that the person to whom it is issued, or the holder, is entitled to some right or privilege therein mentioned or described; Black’s 4th edition

JUDGMENT NOTE. A promissory note (contract), embodying an authorization to…a clerk of the court (or a notary public), to enter an appearance for the maker of the note and confess a judgment against him for a sum therein named, upon default of payment of the note. Black’s 4th edition

PROTEST. A notarial act, being a formal statement in writing made by a notary under his seal of office, at the request of the holder of a bill or note, in which it is declared that the bill or note described was on a certain day presented for payment or acceptance and that such payment or acceptance was refused, and stating the reasons, if any, given for such refusal, whereupon the notary protests against all parties to such instrument, and declares that they will be held responsible for all loss or damage arising from its dishonor. It denotes also all the steps or acts accompanying dishonor necessary to charge an indorser. Black’s 4th edition

PROTEST. 2. A procedure by which a notary provides formal evidence of the dishonour of a bill of exchange. When a foreign bill has been dishonoured by nonacceptance or nonpayment it is handed to the notary, who usually presents it again. If it is still dishonoured, the notary attaches a slip showing the answer received and other particulars – a process called noting. The protest, in the form of a formal document, may then be drawn up at a later time.
Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996

Locate a Notary Public that is knowledgeable and willing to do your Notarial Protest. There are 3 documents needed for this process: Notice of Breach, Default and Opportunity to Cure, and a Certificate of Dishonor. The first document is a NOTICE OF BREACH , which the Notary issues to the Offeror to allow them a second opportunity to provide evidence to substantiate their claim. Basically the Notary Public is acting in the capacity of taking a deposition from witnesses. The Notary Public has been shown your affidavit ENTRY FOR DEFAULT JUDGMENT BY AFFIDAVIT and now the Notary is asking for the Offeror’s affidavit (sworn statement).

4.CERTIFICATE OF RECONVEYANCE – Notary Public

If in 10 days the Notary Public does not receive a response point for point by affidavit with documented evidence, the Respondent has defaulted and therefore dishonored your acceptance. Then the Notary prepares a Notarial Protest which the Notary keeps for her/his own records, and issues you a certificate authenticating the transfer of title. The certificate is called a CERTIFICATE OF RECONVEYANCE and is actually just as valid as a Default Judgment in a Superior Court.

5.FULL RECONVEYANCE

Word process the FULL RECONVEYANCE. Gather the following documents into a package starting with the bottom of the package as follows:

1.NOTICE OF DEFAULT – affidavit from the Settlor
2.CERTIFICATE OF RECONVEYANCE – affidavit from a Notary Public
3.FULL RECONVEYANCE – affidavit from Substitution Trustee

Make two copies of this package. Record the package at the county recorder’s office of
the county you are in. In the upper right hand corner of the first copy of the FULL RECONVEYANCE, write the name of the county recorder, the Docket number and the Page number, and the date recorded. Then send that copy certified mail to the bank.

This completes the process for FULL RECONVEYANCE. The next process will be covered in a separate set of instructions. The next process is INVOLUNTARY BANKRUPTCY PROCEDURE.

When Recorded Mail to: Daniel Begley, d.b.a. Loan Resolution Specialist
SHYSTER BANK
1665 Palm Beach Lakes Blvd.
West Palm Beach FL., 33401

NOTICE OF RECONVEYANCE

Contract # 700008

Payee: Daniel Begley, d.b.a. Loan Resolution Specialist, SHYSTER BANK 1665 Palm Beach Lakes Blvd.
West Palm Beach FL., 33401

Payor: JOHN HENRY DOE, 6880 S. BROADWAY, TUCSON, AZ 85746
I, John Henry Doe, herein “Settlor, ” state the facts contained herein are true, correct, complete, and not misleading, to the best of my personal knowledge. I am Creditor for the legal fiction JOHN HENRY DOE, organization #601-15-3458, and have PREPAID EXEMPT status as evidenced by the UCC-1 Financing Statement #0565988 as the testimony of the Secretary of State West Virginia.

On October 27, 1999, Settlor, signed for his legal fiction JOHN HENRY DOE, on a Deed of Trust recorded at Docket__________, Page________ of PIMA COUNTY. JOHN HENRY DOE, herein “BORROWER,” was named as Trustor to a trust presented by Fidelity National Title Company that was named as Trustee, hereinafter “TRUSTEE.” The BORROWER as Trustor entrusted the Deed of Trust as a title to be held by the TRUSTEE until the loan #17368499 was paid to CHARTER FUNDING as the Beneficiary. The Deed stated that the BORROWER as Trustor granted a list of measurements of a fictitious location, entitled legal description to the Beneficiary, which became the property of the Beneficiary as the Grantee. CHARTER FUNDING later assigned the Deed to SHYSTER BANK, herein “Beneficiary.”

The Settlor signed a Promissory Note for the BORROWER evidencing consideration, and delivered it to the TRUSTEE who accepted the Note as payment for the loan based upon Settlor’s prepaid exempt status, thereby discharging the debt the BORROWER, as Trustor, had with the Beneficiary. The TRUSTEE inadvertently failed to register the Promissory Note and therefore the Pima County Recorder as Public Fiduciary will register and deliver this security to Beneficiary’s agent as evidence that the loan has been discharged for the public record and that the trust has been executed and hereby terminated. The Beneficiary has ten (10) days to record a FULL RECONVEYANCE to original TRUSTOR. In the event a FULL RECONVEYANCE is not recorded in ten (10) days, beneficiary consents that Settlor record the Reconveyance in Beneficiary’s behalf.

__________________________
John Henry Doe, Settlor

Arizona )
) ss ACKNOWLEDGEMENT
Pima county )

As a Notary Public for said County and State, I do hereby certify that on this ____ day of _____________
_______ the above mentioned appeared before me and executed the foregoing. Witness my hand and seal:

_____________________________
Notary Public

John Henry Doe
c/o 6880 S. Broadway
Tucson, AZ 85746
Affiant

Daniel Begley d.b.a.
Loan Resolution Specialist
SHYSTER BANK
1665 Palm Beach Lakes Blvd.
West Palm Beach FL., 33401
Respondent

RE: Account #17368499 Contract #700008

NOTICE OF DEFAULT

Arizona ) NOTICE TO AGENT IS NOTICE TO PRINCIPAL
) ss NOTICE TO PRINCIPAL IS NOTICE TO AGENT
Pima county )

Having been duly sworn, Affiant declares that affidavit and response… The parties to the contract entitled, Notice of RECONVEYANCE , hereinafter “Contract,” are in full agreement regarding the following:

1.Affiant is competent to state to the matters included in his/her declaration, has knowledge of the facts, and declared that to the best of his/her knowledge, the statements made in his/her affidavit are true, correct, and not meant to mislead;

2.Affiant is the secured party, superior claimant, holder in due course, and principal creditor having a registered priority lien hold interest to all property held in the name of JOHN HENRY DOE organization # 520-80-6307, evidenced by UCC-1 Financing Statement #0565988 filed with the Secretary of State of the State of West Virginia.

3.Respondent, Dan Begley, is herein addressed in his private capacity, but in his public capacity is a citizen and resident of the State of Florida and is participating in a commercial enterprise with his co-business partners, including but not limited to SHYSTER BANK, hereinafter collectively referred to as “Respondent”;

4.The governing law of this private contract is the agreement of the parties supported by the Law Merchant and applicable maxims of law;

5.Affiant at no time has willing, knowingly, intentionally, or voluntarily agreed to subordinate their position as creditor, through signature, or words, actions, or inaction’s;

6.Affiant at no time has requested or accepted extraordinary benefits or privileges from the Respondent, the United States, or any subdivision thereof;

7.Affiant is not a party to a valid contract with Respondent that requires Affiant to perform in any manner, including but not limited to the payment of money to Respondent;

8.On September 22, 2001, Affiant sent a security, entitled Promissory Note, to the PIMA COUNTY RECORDER to register. The cover document, entitled Notice of RECONVEYANCE , instructed Respondent on the procedure of concluding the contract. The PIMA COUNTY RECORDER recorded the instrument and delivered the now registered security, herein “presentment,” to the Respondent evidencing payment.

9.Affiant gave Notice that Respondent’s failure to properly and timely respond to this good faith effort to settle the account noted above, would constitute Respondent’s consent that Affiant, in the capacity of Settlor for Respondent, would record the FULL RECONVEYANCE in behalf of Respondent.

10.Respondent has dishonored Affiant’s presentment by not issuing a FULL RECONVEYANCE as stipulated in the original Deed of Trust when Deed of Trust was executed by delivery of the Promissory Note. This dishonor is now deemed to be a charge against Respondent.

11.In order to exhaust all administrative remedies, it is required that a Notarial Protest be executed to obtain any evidence and/or testimony from Respondent that could aid in his defense. In the event no response is received by the Public Official (Notary), this will act as a witness against Respondent. Upon default, a CERTIFICATE OF RECONVEYANCE will be issued which will act as a Default Judgment against Respondent who will then be taken in to bankruptcy liquidation whereby all the equity in the name of Respondent will be disposed of in a foreign proceeding.

It has been said, so it is done.

Dated this day of , 2002.

John Henry Doe, Affiant

Arizona )
) ss ACKNOWLEDGEMENT
Pima county )

As a Notary Public for said County and State, I do hereby certify that on this _____ day of _____________2002 the above mentioned appeared before me and executed the foregoing. Witness my hand and seal:
____________________________
Notary Public

NOTICE OF BREACH
1/3/2000
Daniel Begley d.b.a.
Loan Resolution Specialist
SHYSTER BANK
1665 Palm Beach Lakes Blvd.
West Palm Beach FL., 33401

Dear Mr. Begley,

I received a request by affidavit for a protest pursuant to Arizona Revised Statues at Sections 47-

3505(a), from John Henry Doe, who informed me you dishonored his registered security consisting of the

NOTICE OF RECONVEYANCE and a Promissory Note dated 1/2/2000 and sent

to you at 1665 Palm Beach Lakes Blvd., West Palm Beach FL., 33401, on 1/2/2000, as evidenced by

public record Docket ________ and Page ______verifying the contents.

In the event you dishonor through non-acceptance or non-performance was unintentional or due to reasonable neglect or impossibility, I am attaching a copy of the same presentment to this Notice.
You may respond to me, and I will forward your response to John Henry Doe. Your response is expected no later than ten (10) days from the postmark of this Notice of Breach.

Thank you for your prompt attention to this matter.

Sincerely,

______________________________________
Notary Public (name)
Address:
______________________________________
______________________________________
______________________________________

(Stamp) (Seal)

CERTIFICATE OF RECONVEYANCE

I, William Smith, am the notary to whom all communications are to be mailed regarding the contract entitled NOTICE OF RECONVEYANCE in response to Public Account #17368499, herein “presentment.”

Pursuant to Arizona Revised Statutes 47-3505(b), and Uniform Commercial Code 3-505(b) and 1-202, Notice of Protest is hereby given with CERTIFICATE OF RECONVEYANCE regarding the following:

On October 22, 2001, the notary record shows a NOTICE OF BREACH was mailed to John Henry Doe’s Respondent Daniel Begley, Loan Resolution Specialist agent for SHYSTER BANK, herein “Respondent,” located at 1665 Palm Beach Lakes Blvd. West Palm Beach FL., 33401, who was given 10 days to respond.

As of this date, no response had been delivered to me, the designated receiver. I interviewed John Henry Doe, whose affidavit is attached to this Notarial Protest. John Henry Doe has stated to me by affidavit that Petitioner has received no response to said Private Contract at any other mailing location. Based on the foregoing information, Respondent has dishonored John Henry Doe’s notices by non-acceptance and/or non-performance and have therefore assented to the terms and conditions in said Contract.
_____________________________
William Smith, Third Party Witness

Arizona )
) ss ACKNOWLEDGEMENT
Pima county )

As a Notary Public for said County and State, I do hereby certify that on this _____ day of _____________2002 the above mentioned appeared before me and executed the foregoing. Witness my hand and seal:

_____________________________
Notary Public

When Recorded Mail to: John Henry Doe
6880 S Broadway
Tucson, Arizona 85746

SUBSTITUTION OF TRUSTEE
FULL RECONVEYANCE

John Henry Doe, acting in the capacity of settlor for SHYSTER BANK, as beneficiary under that certain Deed of Trust duly substitutes and appoints Aage Nost as Trustee under said Deed of Trust, and having received from furnisher of the consideration there under a written request to reconvey, reciting that all sums secured by said Deed of Trust have been fully paid by recording the Promissory Note as a registered security, and said Deed of Trust and the note or notes secured thereby having been surrendered to said Trustee for cancellation, does hereby RECONVEY, without warranty, to the person or persons legally entitled thereto, the property now held by it there under. Said Deed of Trust was executed by JOHN H. DOE (“Trustor”) to SHYSTER BANK (“Original Beneficiary”), and recorded in the official records of PIMA County, ARIZONA, as follows:

Date Deed of Trust Recorded: SEPTEMBER 28, 1998 as Instrument Number 19981670016 in Book 10890 at Page 61.
Date Promissory Note Recorded: FEBRUARY 4, 2002 as Instrument Number 20020231145 in Book 11729 at Page 3819.

PROPERTY ADDRESS: 2204 & 2206 SOUTH CAMPBELL AVENUE, TUCSON, ARIZONA

LOT 8 IN BLOCK 8 OF PUEBLO GARDENS, AS SHOWN BY SUBDIVISION MAP RECORDED IN BOOK 8 OF MAPS AT PAGE 84, RECORDED IN PIMA COUNTY, ARIZONA

IN WITNESS WHEREOF, John Henry Doe, in the capacity as Settlor for SHYSTER BANK, has caused her name and seal to be hereto affixed.
SHYSTER BANK

__________________________ ____________________________
Aage Nost, Substitute Trustee SHYSTER BANK
BY: John Henry Doe, Settlor

Arizona )
) ss ACKNOWLEDGEMENT
Pima county )

As a Notary Public for said County and State, I do hereby certify that on this ____ day of _____________
_______ the above mentioned appeared before me and executed the foregoing. Witness my hand and seal:

_____________________________
Notary Public

INSTRUCTIONS FOR

DISCHARGING PUBLIC DEBT WITH PRIVATE CHECKS

PURPOSE: As a Creditor of UNITED STATES and all other sub-corporations private and public, you are owed equity and interest for the gold and all property that you “loaned” them starting March 9, 1933 to date. There is NO MONEY. In order to start getting your equity back, you must NOTICE your DEBTORS of what you expect them to do and the consequences if they do not comply. This file contains all the documents you will need to PERFECT YOUR CLAIM and TAKE BACK YOUR EQUITY;

1.PREPARING YOUR PRIVATE CHECK
2.STATEMENT OF ACCOUNT
3.LETTER TO TIMOTHY F. GEITHNER
4.FINAL STATEMENT
5.CONDITIONAL ACCEPTANCE FOR VALUE
6.NOTICE OF DEFAULT
7.NOTICE OF DISHONOR – From The Notary Public
8.NOTICE OF PROTEST AND OPPORTUNITY TO CURE – From Notary
9.CERTIFICATE OF DISHONOR – From Notary
10.NOTICE OF SUBSTITUTION OF TRUSTEE

1.PREPARING YOUR PRIVATE CHECK

Some of you doing this process have already issued private checks on a closed account and may or may not know that you have used “private funds” to discharge the debt. Any and every time you have received an offer and you have “accepted” it by writing ACCEPTED FOR VALUE on the offer with your name, date and EIN (Employer Identification Number) you have used private funds. It does not matter what you have used, they ALL WORK, whether it is a Bill of Exchange, a Trade Acceptance, a Promissory Note, a Documentary Draft, a Sight Draft, or a check on a “closed account,” hereinafter “private check.” You could put your signature on a piece of toilet paper and your debtors would still have to accept YOUR method of payment pursuant to HJR 192, March 9, 1933.

Closed account. An account to which no further additions can be made on either side, but which remains still open for adjustment and set-off, which distinguishes it from an account stated” Black’s Law Dictionary, 6th Edition

Setoff. The equitable right to cancel or offset mutual debts or cross demands, commonly used by a bank in reducing a customer’s checking or other deposit account in satisfaction of a debt the customer owes the bank.

You are the bank in the above 2 terms and the “customer” is the debtor that you sent your check to. The reason the debtor is the customer is that they have ordered a block of credit from you and you have accepted their offer, so now they can use your credit (your exemption) and you can “offset mutual debts” with a set off and receive the product or service they offered you. Remember, they owe you interest on your credit they are using to buy ALL of the goods and services to manufacture or create the product you are buying. YOU HAVE ALREADY PAID FOR THE PRODUCT BEFORE YOU EVEN BUY IT!!!

The following is the procedure for setting up a “closed account” and preparing the private check;

a.Open a checking account at a local bank. If you already have one that you don’t use
anymore, you can use this account.
b.Order a box of checks from the one you opened. Or order more checks from the one you already have.
c.When you get the checks, close the account.
d.If you have already filed a UCC-1 then file a UCC-3 addendum to include the routing and account numbers of the closed account. Also include the check numbers 1-10,000.

2.STATEMENT OF ACCOUNT.

Statement of Account. A report issued monthly or periodically by a bank or creditor (you) to a customer setting forth the amounts billed, credits given and balance due.

If you have already sent your private check to your customer to discharge a debt, you need to finish the accounting procedure with a Statement of Account.

If you are sending the check for the first time, you should send the statement of account WITH your check so the clock starts from the time you send it. The debtor has 14 days to respond to your statement or the statement stands as truth.

3.LETTER TO TIMOTHY F. GEITHNER

You must communicate your acceptance to the trustee of the US Bankruptcy, who currently is Timothy F. Geithner in order to keep track of the accounting. Do not send this package to “Secretary of the Treasury” as this is a fiction – not a private entity. Remember, you are operating in the private and you cannot see of deal with a fictitious entity or office.

a.When you get an offer (a bill, a statement, IRS bill, etc.) from your Debtor, take your stamp and stamp the bill ACCEPTED FOR VALUE and sign your name, date, and EIN number. Then make a copy of the bill that you have converted to a BILL OF EXCHANGE.
b.Write your check out like you normally would except in the memo section print the registered mailing number, and “EFT ONLY” (Electronic Funds Transfer).
c.Fill out the STATEMENT OF ACCOUNT (SoA) and along with the CHECK and the original bill that is now a BILL OF EXCHANGE.
d.Make a letter of acceptance and send the package registered mail to Timothy F. Geithner, d.b.a. Secretary of Treasury.
e.Fill out a UCC-3 and list the private check, the Bill from the Debtor and SoA, and the letter to Timothy F. Geithner.

You will be preparing 3 packages as follows:

1. Timothy F. Geithner Package 2. Debtor/Dealer Package
a. Original letter to Mr. Timothy F. Geithner a. Original Private Check and SoA
b. Copy of Private Check and SoA b. Copy of Bill from Debtor
c. Copy of Bill from Debtor/Dealer c. Copy of letter to Mr. Timothy F. Geithner
d. Copy of UCC-3 d. Copy of UCC-3

3. UCC-3 Package 4. For your files
a. Original UCC-3 a. Original Bill from Debtor/Dealer
b. Copy of letter to Mr. Timothy F. Geithner b. Copy of Private Check and SoA
c. Copy of Private Check and SoA c. Copy of letter to Mr. Snow
d. Copy of Bill from Debtor/Dealer d. Copy of UCC-3

The reason why you are sending Timothy F. Geithner a package by registered mail is to “register” the transaction or your exemption. This Registered number is issued by the Treasury as this is considered part of the postage system which is “currency” such as stamps which is also issued by the Treasury. This same registered number will be put on your check and your UCC-3 and is now registered in the National Registry. Send the package by certified mail to the Debtor as your check will now be considered “certified funds.”

4.FINAL STATEMENT

After 14 days from sending out the Statement of Account and they either have not responded or they have sent a statement that does not acknowledge your statement, you will need to send them the follow up notice that will acknowledge their consent to your statement balance.

5.CONDITIONAL ACCEPTANCE

Even though most of the Closed Account Checks will be accepted, some will be dishonored. For those that are dishonored you will need to send a Conditional Acceptance to the Debtor because they are stepping outside of the United States Bankruptcy, which is a Criminal Offense. If the Debtor s attempt to call you, always, always, always get their first and last name, then tell them that you only do business in writing, not verbally over the phone. You want to know who you are doing business with because you may be taking their collateral.

6.NOTICE OF DEFAULT

After the 10 days send them a Notice of Default. This means total failure. This notice completes your court procedure as a sovereign in your nation that is foreign to the public venue. Now you will need to pursue this matter in the “public venue” in their legal proceedings, however it will not go into the courts you are familiar with. You must take this matter up with the SECRETARY OF STATE (Sam Reed for Washington) of the state you are in.

Secretary of State. In American law. Title of the chief of the executive bureau of the United States called the “Department of State.” He is a member of the cabinet, and is charged with the general administration of the international and diplomatic affairs of the government. In many of the state governments there is an executive officer bearing the same title and exercising important functions. In English law. The secretaries of state are cabinet ministers attending the sovereign for the receipt and dispatch of letters, grants, petitions, and many of the most important affairs of the kingdom, both foreign and domestic. Black’s 4th edition

You are a foreign nation in their eyes, so you must go through the proper channels so that you can utilize the functions and duties of the Secretary of State – “general administration of the international affairs” and “attending the sovereign.” There are many “designees” of the Secretary of the state in the area you live, normally called Notary Publics. Find a private Notary Public that you can work with; OR create one by getting a friend to become a Notary who understands this procedure.

7.NOTICE OF DISHONOR – Notary Public

Now we will go through the process called a Notarial Protest, a very powerful process that will create a witness against the debtor through a Public Official. Following is the definition of a Notary Public according to Black’s Law Dictionary, 6th edition. It is important to know why you need to use a Notary Public.

Notary Public: A public officer whose function it is to administer oaths; to attest and certify, by her or his hand and official seal, certain classes of documents, in order to give them credit and authenticity in foreign jurisdictions; to take acknowledgements of deeds and other conveyances, and certify the same; and to perform certain official acts, chiefly in commercial matters such as the protesting of notes and bills, the noting of foreign drafts, and marine protests in cases of loss or damage. One who is authorized by the State or Federal Government to administer oaths, and to attest to the authenticity of signatures. Black’s 6th edition

NOTARY PUBLIC. A legal practitioner, usually a solicitor, who attests or certifies deeds and other documents and notes or protests dishonoured bills of exchange.
Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996

Pursuant to Arizona Revised Statutes (ARS) Title 41-332;

Secretary of the State; deputy county clerk; county clerk functions
“…each clerk of the superior court shall deputize the secretary of state and the secretary’s designees as deputy county clerks of the superior court solely for the performance of the superior court clerk’s functions…”

All notary publics are assigned a “commission” by the secretary of the state and deputized by the notary public of the Superior Court.

Commission: An authority or writ issuing from a court, in relation to a cause before it, directing and authorizing a person or persons named to do some act or exercise some special function; usually to take the depositions of witnesses.

Commissioner: A person to whom a commission is directed by the government or a court. A person with a commission. An officer who is charged with the administration of the laws relating to some particular subject matter, or the management of some bureau or agency of the government. Member of a commission or board. Specially appointed officer of the Court.

TABELLIO. In Roman law. An officer corresponding in some respects to a notary. His business was to draw legal instruments, (contracts, wills, etc.,) and witness their execution. Tabelliones differed from notaries in many respects; they had judicial jurisdiction in some cases, and from their judgments there were no appeals. Notaries were then the clerks or aiders of the tabelliones; they received the agreements of the parties, which they reduced to short notes; and these contracts were not binding until they were written in extenso, which was done by the tabelliones. Black’s 4th edition

In summary of the above definitions, a Notary Public is a commissioner designated by the secretary of the state and deputized to be a deputy superior court clerk to hear certain issues presented to them by foreign agents by taking depositions of the parties termed “notes.” In order for the “notes” (contracts) to be binding they are registered with the secretary of state.

BILL OF EXCHANGE. An unconditional order in writing, addressed by one person (the drawer/debtor) to another (the drawee/your straw-man) and signed by the person giving it, requiring the drawee to pay on demand or at a fixed or determinable future time a specified sum of money to or to the order of a specified person (the payee/Timothy F. Geithner/trustee of U.S. Bankruptcy) or to the bearer. If the bill is payable at a future time the drawee (your straw-man) signifies his acceptance (by you as the creditor of both the drawer and drawee AND the payee), which makes him the party primarily liable upon the bill; the drawer and endorsers may also be liable upon a bill. The use of bills of exchange enables one person to transfer to another an enforceable right to a sum of money. A bill of exchange is not only transferable but also negotiable, since if a person without an enforceable right to the money transfers a bill to a holder in due course, the latter obtains a good title to it. Much of the law on bills of exchange is codified by the Bills of Exchange Act 1882 and the Cheques Act 1992.
Dictionary of Law, Oxford University Press © Market House Books Ltd 1997

DISHONOR. Failure to honour a bill of exchange. This may be by nonacceptance, when a bill of exchange is presented for acceptance and this is refused or cannot be obtained (or when presentment for acceptance is excused and the bill is not accepted); or by nonpayment, when the bill is presented for payment and payment is refused or cannot be obtained (or when presentment is excused and the bill is overdue and unpaid). In both cases the holder has an immediate right of recourse against the drawer and endorsers, but foreign bills that have been dishonoured must first be protested (see protest).
Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996

NOTE A BILL. When a foreign bill has been dishonored, it is usual for a notary public to present it again on the same day and if it be not then paid, to make a minute, consisting of his initials, the day, month, and year, and reason, if assigned, of non-acceptance. The making of this minute is called “noting the bill.”

UCC 3 § 505. Protest; Noting for Protest
* * * (b) A protest is a certificate of dishonor made by a United States consul or vice consul, or 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 shall 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 nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.

NOTING. 1. The procedure adopted if a bill of exchange has been dishonoured by non-acceptance or by non-payment. Not later than the next business day after the day on which it was dishonoured, the holder has to hand it to a notary public to be noted. The notary re-presents the bill; if it is still unaccepted or unpaid, the circumstances are noted in a register and also on a notarial ticket, which is attached to the bill. The noting can then, if necessary, be extended to a protest.
Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996

NOTING. The act of a notary in minuting on a bill of exchange, after it has been presented for acceptance or payment, the initials of his name, the date of the day, month, and year when such presentment was made, and the reason, if any has been assigned, for non-acceptance or non-payment, together with his charge. Black’s 4th

MINUTES. Practice. A memorandum of what takes place in court, made by authority of the court. Black’s 4th edition

CHARGE. In Equity practice. A written statement presented to a master in chancery (notary public) by a party (you) of the items with which the opposite party should be debited or should account for, or of the claim of the party making it. A charge may embrace the whole liabilities of the accounting party.

TICKET. In contracts. A slip of paper containing a certificate that the person to whom it is issued, or the holder, is entitled to some right or privilege therein mentioned or described; Black’s 4th edition

JUDGMENT NOTE. A promissory note (contract), embodying an authorization to…a clerk of the court (or a notary public), to enter an appearance for the maker of the note and confess a judgment against him for a sum therein named, upon default of payment of the note. Black’s 4th edition

PROTEST. A notarial act, being a formal statement in writing made by a notary under his seal of office, at the request of the holder of a bill or note, in which it is declared that the bill or note described was on a certain day presented for payment or acceptance and that such payment or acceptance was refused, and stating the reasons, if any, given for such refusal, whereupon the notary protests against all parties to such instrument, and declares that they will be held responsible for all loss or damage arising from its dishonor. It denotes also all the steps or acts accompanying dishonor necessary to charge an indorser. Black’s 4th edition

PROTEST. 2. A procedure by which a notary provides formal evidence of the dishonour of a bill of exchange. When a foreign bill has been dishonoured by nonacceptance or nonpayment it is handed to the notary, who usually presents it again. If it is still dishonoured, the notary attaches a slip showing the answer received and other particulars – a process called noting. The protest, in the form of a formal document, may then be drawn up at a later time.
Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996

Locate a Notary Public that is knowledgeable and willing to do your Notarial Protest. There are 3 documents needed for this process: Notice of Dishonor, Notice of Protest and Opportunity to Cure, and a Certificate of Dishonor. The first document is a Notice of Dishonor , which the Notary issues to the Offeror to allow them a second opportunity to provide evidence to substantiate their claim. Basically the Notary Public is acting in the capacity of taking a deposition from witnesses. The Notary Public has been shown your affidavit (sworn statement) and now the Notary is asking for the Offeror’s affidavit (sworn statement).

8.NOTICE OF PROTEST AND OPPORTUNITY TO CURE – Notary Public

This notice will allow an additional 10 days to give the debtor another chance to bring the evidence forth to support any claim that they may be professing.

9.CERTIFICATE OF DISHONOR – Notary Public

If in 10 days the Notary Public does not receive a response point for point by affidavit with documented evidence, the debtor, has defaulted and therefore dishonored your acceptance. Then the Notary prepares a Notarial Protest which the Notary keeps for her/his own records, and issues you the Second Notice, a Certificate of Dishonor. The Certificate of Dishonor is actually just as valid as a Default Judgment in a Superior Court.

10.NOTICE OF SUBSTITUTION OF TRUSTEE

You will then attach the Certificate of Dishonor with the letter the Debtor sent you evidencing dishonor to a NOTICE OF SUBSTITUTION OF TRUSTEE. This notice is to be sent to the Trustee of the UNITED STATES Bankruptcy so they can investigate why the debtor is unlawfully using your exemption and stepping outside the US Bankruptcy. If this third party (who represents you, the Creditor) does not wish to save the honor of the debtor (a sub-corporation or the U.S.), you will then put them into Involuntary Bankruptcy.

Information. An accusation in the nature of an indictment, from which it differs only in being presented by a competent public officer on his oath of office, instead of a grand jury on their oath. Black’s 4th edition

ACCEPTANCE SUPRA PROTEST (Acceptance for Honor). The acceptance or payment of a bill of exchange, after it has been dishonoured, by a person wishing to save the honour of the drawer or an endorser of the bill. Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996

Supra Protest. In mercantile law. A term applied to an acceptance of a bill by a third person, after protest for nonacceptance by the drawee. Black’s 4th edition

After 10 days from mailing your information to the “proper authorities” and you have not received a response from anyone, you will then proceed with the involuntary bankruptcy liquidation. No response indicates that the “proper authorities” have given their consent to your bankruptcy proceedings and cannot come back and say this was not a “legal action.” There can be no recourse from them.

It is very important to note here the differentiation in viewpoint from what you may be used to. We normally “cry to the authorities” about “our rights that have been violated” and expect them to do something about it. Just take a look at that pathetic viewpoint for a second…… OK, long enough, don’t get too depressed. Allow me to clue you in, YOU ARE A CREDITOR! A Creditor or a Sovereign does not have “rights,” they have POWER!!!!!

When you send in the NOTICE OF SUBSTITUTION OF TRUSTEE, you are not “asking” or “begging,” or “requesting” the “authorities” to do their job and “take care of the matter.” NO! You as a Creditor are giving them the opportunity to save the debtor’s honor (in other words to save his ass!). You are letting them know that you are the Creditor of this bankruptcy and if they don’t handle this matter YOU WILL! This is an entirely different viewpoint than has been used before. You are finally acting like the Creditor that you are!

This completes the Dishonor process for a private check. The next process will be covered in a separate set of instructions. The next process is INVOLUNTARY BANKRUPTCY PROCEDURE, which was detailed in course 5 – POWER OF ACCEPTANCE

NOTICE OF MEMORANDUM OF LAW – Points and Authorities in Support of International Bill of Exchange

NOTICE

NOTICE OF MEMORANDUM OF LAW – Points and Authorities in Support of International Bill of Exchange

“Those who constitute an association nationwide of private, unincorporated persons engaged in the business of banking to issue notes against these obligations of the United States due them; whose private property is at risk to collateralize the government’s debt and currency, by legal definitions, a “national banking association”; such notes, issued against these obligations of the United States to that part of the public debt due its Principals and Sureties are required by law to be accepted as “legal tender” of payment for all debts public and private, and are defined in law as “obligations of the United States”, on the same par and category with Federal reserve notes and other currency and legal tender obligations.” (Page 8)

RE: Item tendered for Discharge of Debt.

The instrument tendered to the bank and negotiated to the United States Treasury for settlement is an “Obligation of THE UNITED STATES”, under Title 18 USC Sect. 8, representing as the definition provides a “certificate of indebtedness…drawn upon an authorized officer of the United States,” (in this case the Secretary of the Treasury) “issued under an Act of Congress” (in this case public law 73-10, HJR-192 of 1933 and Title 31 USC 3123, and 31 USC 5103) and by treaty (in this case the UNITED NATIONS CONVENTION ON INTERNATIONAL BILLS OF EXCHANGE AND INTERNATIONAL PROMISSORY NOTES (UNCITRAL) and the Universal Postal Union headquartered in Bern, Switzerland).

TITLE 1>PART I>CHAPTER 1>Sec. 1.>Sec. 8

Sec. 8. – Obligation or other security of the United States defined

The term “obligation or other security of the United States” includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and cancelled United States stamps.

The International Bill of Exchange is legal tender as a national bank note, or note of a National Banking Association, by legal and/or statutory definition (UCC 4-105 12 CFR Sec 229.2, 210.2, 12 USC 1813), issued under Authority of the United States Code 31 USC 392, 5103, which officially defines this as a statutory legal tender obligation of THE UNITED STATES, and is issued in accordance with 31 USC 3123 and HJR – 192 (1933) which establish and provide for its issuance as “Public Policy” in remedy for discharge of equity interest recovery on that portion of the public debt to its Principals, and Sureties bearing the Obligations of THE UNITED STATES.

This is a statutory remedy for equity interest recovery due the principles and sureties of the United States for discharge of lawful debts in commerce in conjunction with US obligations to that protion of the public debt it is intended to reduce.

During the financial crisis of the depression, in 1933 substance of gold, silver, and real money was removed as a foundation for our financial system. In its place, the substance of the American citizenry; their real property, wealth, assets and productivity that that belongs to them was, in effect, ‘pledged’ by the government and placed at risk as the collateral for US debt, credit and currency for commerce to function.

This is well documented in the actions of Congress and the President at that time and in the Congressional debates that preceded the adoption of the reorganizational measures:

Senate Document No. 43, 73rd Congress, 1st Session, stated,

“Under the new law, the money is issued to the banks in return for Government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances. The money will be worth 100 cents on the dollar, because it is backed by the credit of the nation. It will represent a mortgage on all the homes and other property of all the people in the nation.” (which lawfully belongs to these private citizens.)

The National Debt is defined is defined as “mortgages on the wealth and income of the people of a country.” (Encyclopedia Britannica, 1959.)

Their wealth, their income…

The reorganization is evidenced by:

Emergency Banking Act March 9, 1933

House Joint Resolution 192 June 5, 1933

Series of Executive Orders that surrounded them:

6073 – Reopening of Banks. Embargo on gold payments and exports, and limitations on foreign exchange transactions. March 10, 1933

6111 – Transactions in foreign exchange are permitted under governmental supervision.

April 20, 1933

6102 – Forbidding the hoarding of gold coin, gold bullion and gold certificates.

April 5, 1933

On December 23, 1913, Congress had passed “An Act to provide for the establishment of federal reserve banks, to furnish an elastic currency, to afford a means of rediscounting commercial paper, to establish a more effective supervision of banking in the United States, and for other purposes”. The act is commonly known as “The Federal Reserve Act”.

One of the purposes for enacting the Federal Reserve Act was:

(3) to authorize “hypothecation” of obligations including “United States bonds or other securities which Federal Reserve Banks are authorized to hold” under Section 14(a):

12 USC; Ch. 6, 38 Stat. 251 Sect 14(a)

The term “hypothecation” as stated in Section 14(a) of the act is defined:

Banking. Offer of stocks, bonds, or other assets owned by a party other than the borrower as collateral for a loan, without transferring title. If the borrower turns the property over to the lender who holds it for safekeeping, the action is referred to as a pledge. If the borrower retains possession, but gives the lender the right to sell the property in event of default, it is a true hypothecation.
Securities. The pledging of negotiable securities to collateralize a broker’s margin loan. The broker pledges the same securities to a bank as collateral for a broker’s loan, the process is referred to as re-hypothecation.”
[Dictionary Of Banking Terms, Fitch, pg. 228 (1997)]

As seen from the definitions, in hypothecation there is equitable risk to the actual owner.

Section 16 of the current Federal Reserve Act, codified at 12 USC 411, declares that “Federal Reserve Notes” are “obligations of the United States”.

So, we see the “full faith and credit” of the United States: which is the substance of the American citizenry: their real property, wealth, assets and productivity that belongs to them, is thereby hypothecated and re-hypothecated by the United States to its obligations as well as to the Federal Reserve for the issuance and backing of Federal Reserve Notes as legal tender “for all taxes, customs, and other public dues”.

TITLE 12>CHAPTER 3>SUBCHAPTER XII>Sec. 411

Sec. 411. – Issuance to reserve banks; nature of obligation; redemption

Federal Reserve Notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal Reserve Banks through the Federal Reserve Agents as hereinafter set forth and for no other purpose, are authorized. The said notes, shall be obligations of the United States and shall be receivable by all national and member banks and Federal Reserve Banks and for all taxes, customs, and other public dues.

The commerce and credit of the nation continues on today under financial reorganization (Bankruptcy) as it has since 1933, still backed by the assets and wealth of the American citizenry: at risk for the government’s obligations and currency.

Under the 14th amendment and numerous Supreme Court precedents, as well as in equity, PRIVATE property cannot be taken or pledged for public use without just compensation, ordue process of law. The United States cannot pledge or risk the property and wealth of its private citizens, for any government purpose without legally providing them remedy to recover what is due them on their risk.

This principle is so well established in English common law and in the history of American jurisprudence. The 14th amendment provides: “no person shall be deprived of … property without due process of law”. And courts have long ruled to have one’s property legally held as collateral or surety for a debt even when he still owns it and still has it is to deprive him of it since it is at risk and could be lost for the debt at any time.

The United States Supreme Court said, in United States v. Russell [13 Wall, 623, 627] “Private property, the Constitution provides, shall not be taken for public use without just compensation.”

“The right of subrogation is not founded on contract. It is a creature of equity; is enforced solely for the purpose of accomplishing the ends of substantial justice; and is independent of any contractual relations between the parties.” Memphis & L.R.R. Co. v. Dow, 120 U.S. 287, 301-302 (1887)

The rights of a surety to recovery on his risk or loss when standing for the debts of another was reaffirmed again as late as 1962 in Pearlman v. Reliance Ins. Co., 371 U.S. 132 when the Court said:

… “sureties compelled to pay debts for their principal have been deemed entitled to reimbursement, even without a contractual promise…And probably there are a few doctrines better established…”

Black’s Law Dictionary, 5th Edition, defines “surety”:

“One who undertakes to pay or to do any other act in event that his principal fails therein. Everyone who incurs a liability in person or estate for the benefit of another, without sharing in the consideration, stands in the position of a “surety”.

Constitutionally and in the laws of equity, the United States could not borrow or pledge the property and wealth of its private citizens, put at risk, as collateral for its currency and credit without legally providing them equitable remedy for recovery of what is due them.

The United States government, of course, did not violate the law or the Constitution in this way, in order to collateralize its financial reorganization, but did, in fact, provide such a legal remedy so that it has been able to continue on since 1933 to hypothecate the private wealth and assets of those classes of persons by whom it is owned, at risk backing the government’s obligations and currency, by their implied consent, through the government having provided such remedy, as defined and codified above, for recovery of what is due them on their assets and wealth at risk.

The provisions for this are found in the same act of “Public Policy” HJR-192, public law 73-10 that suspended the gold standard for our currency, abrogated the right to demand payment in gold, and made Federal Reserve Notes for the first time legal tender, “backed by the substance or “credit of the nation”.

All US currency since that time is only credit again the real property, wealth and assets belonging to the private sovereign American people, taken and/or ‘pledged’ by THE UNITED STATES to its secondary creditors as security for its obligations.

Consequently, those backing the nation’s credit and currency could not recover what was due them by anything drawn on Federal Reserve Notes without expanding their risk and obligation to themselves. Any recovery payments backed by this currency would only increase the public debt its citizens were collateral for, which an equitable remedy was intended to reduce, and in equity would not satisfy anything. And there was no longer actual money of substance to pay anybody.

There are other serious limitations on our present system. Since the institution of these events, for practical purposes of commercial exchange, there has been no actual money in circulation by which debt owed from one party to another can actually be repaid.

Federal Reserve Notes, although made legal tender for all debts public and private in the reorganization, can only discharge a debt. Debt must be “payed” with value or substance (i.e. gold, silver, barter, labor, or a commodity). For this reason HJR-192 (1933), which established the “public policy” of our current monetary system, repeatedly uses the technical term of “discharge” in conjunction with “payment” in laying out public policy for the new system. A debt currency system cannot pay debt.

So, from that time to the present, commerce in the corporate UNITED STATES and among sub-corporate subject entities has had only debt note instruments by which debt can be discharged and transferred in different forms. The unpaid debt, created and/or expanded by the plan now carries a public liability for collection in that when debt is discharged with debt instruments (i.e. Federal Reserve Notes included), by our commerce, debt is inadvertently being expanded instead of being cancelled, thus increasing the public debt. This is a situation potentially fatal to any economy.

Congress and government officials who orchestrated the public laws and regulations that made the financial reorganization anticipated the long term effect of a debt based financial system which many in government feared, and which we face today in servicing the interest on trillions upon trillions of dollars in US Corporate public debt and in this same act made provision not only for the recovery remedy to satisfy equity to its Sureties, but to simultaneously resolve this problem, as well.

Since it is, in fact, the real property, wealth and assets of that class of persons that is the substance backing all the other obligations, currency and credit of THE UNITED STATES and such currencies could not be used to reduce its obligations for equity interest recovery to it Principals and Sureties.

HJR-192 further made the “the notes of national banks” and “national banking associations” on a par with its other currency and legal tender obligations:

TITLE 31, SUBTITLE IV, CHAPTER 51, SUB-CHAPTER 1, Sec. 5103 states:

Legal Tender – United States coins and currency (including Federal reserve notes and circulating notes of Federal Reserve Banks and National Banks) are legal tender for all debts, public charges, taxes, and dues. (emphasis added).

But this official definition for ‘legal tender’ was first established in HJR-192 (1933) in the same act that made Federal Reserve Notes and notes of national banking associations legal tender.

Public Policy HJR-192

JOINT RESOLUTION TO SUSPEND THE GOLD

STANDARD & ABROGATE THE GOLD CLAUSE – June 5, 1933

H.J. Res. 192. 73rd Congress, 1st Session

As used in this resolution, the term “obligation” means an obligation (including every obligation of and to the United States, excepting currency) payable in money of the United States; and the term “coin or currency” means coin or currency of the United States, including Federal Reserve notes and circulating notes of Federal Reserve Banks and National Banking Associations.

“All coins and currencies of the United States (including Federal Reserve Notes and circulating notes of Federal Reserve Banks and National Banking Associations) heretofore or hereafter coined or issued, shall be legal tender for all debts, for public and private, public charges, taxes, duties, and dues,”

[USC Title 12.221 Definitions – “The terms “national bank” and “national banking association”… shall be held to be synonymous and interchangeable.”]

“notes of national banks” or “national banking associations” have continuously been maintained in the official definition of legal tender since June 5, 1933 to the present day, when the term had never been used to define “currency” or “legal tender” before that.

Prior to 1933 the forms of currency in use that were legal tender were many and varied: – United States Gold Certificates – United States Notes – Treasury Notes – Interest Bearing Notes – Gold Coins of United States – Standard Silver Dollars – Subsidiary Silver Coins – Minor Coins – Commemorative Coins – but the list did not include federal reserve notes or notes of national banks or national banking associations despite the fact national bank notes were a common medium of exchange or “currency” and had been, almost since the founding of our banking system and were backed by United States bonds or other securities on deposit for the bank with the US Treasury.

Further, from the time of their inclusion in the definition they have been phased out until presently all provisions in the United States Code pertaining to incorporated federally chartered national banking institutions issuing, redeeming, replacing and circulating notes have all been repealed:

USC TITLE 12 > CHAPTER 2 – NATIONAL BANKS

Subchapter V – OBTAINING AND ISSUING CIRCULATING NOTES

Sec. 101 to 110, Repealed. Pub. L. 103-325, Title VI, Sec. 602e5-11, f2-4a, g9, Sept. 23, 1994, 108 Stat. 2292, 2294
SUBCHAPTER VI – REDEMPTION & REPLACEMENT OF CIRCULATING NOTES

Sec. 121. Repealed. Pub. L. 103-325, Title VI, Sec. 602f4B, Sept. 23, 1994, 108 Stat. 2292
Sec. 121a. Redemption of notes unidentifiable as to bank of issue
Sec. 122. Repealed. Pub. L. 97-258, Sec. 5b, Sept. 13, 1982, 96 Stat. 1068
Sec. 122a. Redeemed notes of unidentifiable issue; funds charged against
Sec. 123 to 126. Repealed. Pub. L. 103-325, Title VI, Sec. 602e12, 13, f4C, 6, Sept. 23, 1994, 108 Stat. 2292, 2293
Sec. 127. Repealed. Pub. L. 89-554, Sec. 8a, Sept. 6, 1966, 80 Stat. 633

As stated in “Money & Banking” 4th Edition, by David H. Friedman, published by the American Bankers Association, page 78, “Today commercial banks no longer issue currency…”

It is clear, federally incorporated banking institutions subject to the restrictions and repealed provisions of Title 12, are not those primarily referred to maintained in the current definition of “legal tender”.

The legal statutory and professional definitions of “bank”, “banking”, and “banker” used in the United States Code and Code of Federal Regulations are not those commonly understood for these terms and have made the statutory definition of “Bank” accordingly:

UCC 4-105 PART 1

“Bank” means a person engaged in the business of banking,”

12CFRSec. 229.2 Definitions (e) Bank means “the term bank also includes any person engaged in the business of banking.”

12CFRSec. 210.2 Definitions (d) Bank means “any person engaged in the business of banking.”

USC Title 12 Sec. 1813 – Definitions of Bank and Related Terms – (1) Bank means “any national bank, state bank, and district bank, and any federal branch and insured branch.”

Black’s Law Dictionary, 5th Edition, page 133 defines a “Banker” – “In general sense, person that engages in business of banking. In a narrower meaning, a private person … who is engaged in the business of banking without being incorporated. Under some statues, an individual banker, as distinguished from a “private banker”, is a person who, having compiled with the statutory requirement, has received authority from the state to engage in the business of banking, while a private banker is a person engaged in banking without having any special privileges or authority from the state.”

“Banking” – Is partly and optionally defined as “The business of issuing notes or circulation……, negotiating bills.”

Black’s Law Dictionary. 5th Edition, page 133, defines “Banking”:

“The business of banking, as defined by law and custom, consists in the issue of notes……..intended to circulate as money…….

And defines a “Bankers Note” as:

“A commercial instrument resembling a bank note in every particular except that it is given by a private banker or unincorporated banking institution.”

Federal Statute does not specifically define “national bank” and “national banking association” in those sections where these uses are legislated on to exclude a private banker or unincorporated banking institution.

It does define these terms to the exclusion of such persons in the chapters and sections where the issue and circulation of notes by national banks has been repealed or forbidden.

“In the absence of a statutory definition, courts give terms their ordinary meaning.

“Bass, Terri L. v. Stolper, Koritzinsky, III F.3d 1325,7thCir.Apps.(1996).

As the U.S. Supreme Court noted, “We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.” See, e.g., United States v. Goldenburg, 168 U.S. 95, 102-103 (1897);

“The legislative purpose is expressed by the ordinary meaning of the words used.

“Richards v. United States, 369 U.S.1 (1962).

Therefore, as noted above, the legal definitions related to ‘legal tender’ have been written by Congress and maintained as such to be both exclusive, where necessary, and inclusive, where appropriate, to provide in its statutory definitions of legal tender for the inclusion of all those, who by definition of private, unincorporated persons engaged in the business of banking to issue notes against the obligation of the United States for recovery on their risk, whose private assets and property are being used to collateralize the obligations of the United States since 1933, as collectively and nationally constituting a legal class of persons being a “national bank” or “national banking association” with the right to issue such notes against The Obligation of THE UNITED STATES for equity interest recovery due and accrued to these Principles and Sureties of the United States backing the obligations of US currency and credit; as a means for the legal tender discharge of lawful debts in commerce as remedy due them in conjunction with US obligations to the discharge of that portion of the public debt, which is provided for in the present financial reorganization still in effect and ongoing since 1933. [12 USC 411, 18 USC 8, 12 USC: ch. 6, 38 Stat.251 Sect 14(a), 31 USC 5118, 3123. with rights protected under the 14th Amendment of the United States Constitution, by the U.S. Supreme Court in United States v. Russell (13 Wall, 623, 627), Pearlman v. Reliance Ins. Co., 371 U.S. 132,136,137 (1962) , The United States v. Hooe, 3 Cranch (U.S.)73(1805), and in conformity with the U.S. Supreme Court 79 U.S. 287 (1970), 172 U.S.48 (1898), and as confirmed at 307 U.S. 247(1939).]

HJR-192 further declared ……. “every provision………which purports to give the oblige a right to require payment in gold or a particular kind of coin or currency….is declared to be against Public Policy; and no such provision shall be ….. made with respect to any obligation hereafter incurred.”

Making way for discharge and recovery on US Corporate public debt due the Principals and Sureties of THE UNITED STATES providing as “public policy” for the discharge of “every obligation”, “including every obligation OF and TO THE UNITED STATES”. “dollar for dollar”, allowing those backing the US financial reorganization to recover on it by discharging on obligation they owed TO THE UNITED STATES or its sub-corporate entities, against that same amount of obligation OF THE UNTIED STATES owed to them; thus providing the remedy for the discharge and orderly recovery of equity interest on US Corporate public debt due the Sureties, Principals, and Holders of THE UNITED STATES, discharging that portion of the public debt without expansion of credit, debt or obligation on THE UNITED STATES or these its prime-creditors it was intended to satisfy equitable remedy to, but gaining for each bearer of such note, discharge of obligation equivalent in value ‘dollar for dollar’ to any and all “unlawful money of the United States”.

Those who constitute an association nationwide of private, unincorporated persons engaged in business of banking to issue notes against these obligations of the Unites States due them; whose private property is at risk to collateralize the government’s debt and currency, by legal definitions, a “national banking association”; such notes, issued against these obligations of the United States to that part of the public debt due its Principals and Sureties are required by law to be accepted as “legal tender” of payment for all debts public and private, and, as we have seen, are defined in law as “obligations of the United States”, on the same par and category with Federal reserve notes and other currency and legal tender obligations.

This is what is asserted in the tender presented to the bank for deposit and the government has said nothing to the contrary.

Would we question that this is exactly what Congress has provided for in these statues and codes on the public debt and obligations of the United States and that this is the remedy codified in statutory law and definition we have cited here? Even though it is never discussed.

Under this remedy for discharge of the public debt and recovery to its Principles and Sureties, TWO debts that would have been discharged in Federal Reserve debt note instruments or checks drawn on the same, equally expanding the public debt by those transactions, are discharged against a SINGLE public debt of the Corporate UNITED STATES and its sub-corporate entities to its prime-creditor without the expansion and use of Federal Reserve debt note instruments as currency and credit, and so, without the expansion of debt and debt instruments in the monetary system and the expansion of the public debt as burden upon the entire financial system and its Principals, and Sureties the recovery remedy was intended to relieve.

Apparently their use is for the discharge and non-cash accrual reduction of US Corporate public debt to the Principals, Prime Creditors and Holders of it as provided in law and the instruments will ultimately be settled by adjustment and set-off in discharge of a bearer’s obligation TO THE UNITED STATES against the obligation OF THE UNITED STATES for the amount of the instrument to the original creditor it was tendered to or whomever or whatever institution may be the final bearer and holder in due course of it, again, thus discharging that portion of the public debt without expansion of credit, debit or note on the prime-creditors of THE UNITED STATES it was intended to satisfy equitable remedy to, but gaining for each endorsed bearer of it discharge of obligation equivalent in value ‘dollar for dollar’ of currency, measurable in “lawful money of the United States”.

Although this has been public policy as a remedy for the discharge of debt in conjunction with removal of gold, silver and real money as legal tender currency by the same act of public policy in 1933, it has been a difficult concept to communicate for others to accept and to know what to do with it, so its never gained common use and for obvious reasons the government has discouraged public understanding of the remedy and recovery under t and therefore it is little known and not generally accessed by the public. But it is still an obligation the United States has bound itself to and has provided for in statutory law and the United States still accepts these non-cash accrual exchanges today as a matter of law and equity. So is the experience of many who have attempted to access the remedy.

That the “public policies” of House Joint Resolution 192 of 1933 are still in effect is evidenced by the other provisions of “public policy” it established that we can see along with these discussed. No one would attempt to demand payment in gold or a particular kind of coin or currency in use or think to write such an obligation into a contract, because the gold standard for currency is still suspended and the right to a ‘gold clause’ to require payment in gold is still abrogated. Both are also part of “public policy” established in HJR-192.

The practical evidence and fact of the United States’ financial reorganization (bankruptcy) is still ongoing today, visible all around us to see and understand. When Treasury notes come due, they’re not paid. They are refinanced by new T-Bills and notes to back the currency and cover the debts. …something that cannot be done with debt ……unless,…… the debtor is protected from creditors in a bankruptcy reorganization that is regularly being restructured to keep it going.

Every time the Federal debt ceiling is raised by Congress they are restructuring the bankruptcy reorganization of the government’s debt so commerce can continue on.

For obvious reasons the United States government does not like having to recognize all this. It is a very sensitive and delicate matter. And few can speak or will speak authoritatively about it, as the bank has found out.

The recovery remedy is maintained in law because it has to be to satisfy equity to its prime creditors. At this late time, the United States is neither expecting nor intending it to be generally accessed by the public. Regarding such instruments tendered to the Secretary, when public officials are put in a position to legally acknowledge or deny the authority or validity of the instruments, those in responsibility will not deny or dishonor it, or an instrument of discharge property submitted for that purpose.

The issue what has the government said about it now?

What is the policy in practice?

And how does it finally respond to such claims of which it receives thousands every day?

Is it a fact: Title 31 USC 3123 makes a statutory pledge of the United States government to payment of obligations and interest on the public debt.

TITLE 31, SUBTITLE III, CHAPTER 31, SUBCHAPTER II, Sec. 3123 – Payment of obligations and interest on the public debt

(a) The faith of the United States Government is pledged to pay in legal tender, principal and interest on the obligations of the Government issued under this chapter.

“(b) The Secretary of the Treasury shall pay interest due or accrued on the public debt.”

It is a fact: Title 32 Section 3130 further delineates in its definitions a portion of the total public debt which is held by the public as the “Net public debt”

TITLE 31 >SUBTITLE>CHAPTER 31>SUBCHAPTER II>Sec. 3130.

Sec.3130. – Annual public debt report

(e) Definitions. –

(2) Total public debt. – The term “total public debt” means the total amount of the obligations subject to the public debt limit established in section 3101 of this title.

(3) Net public debt. –

The term “net public debt” means the portion of the total public debt which is held by the public.

It is a fact: Section 3101 references guaranteed obligations held by the Secretary of the Treasury which are expected and exempted from “the face amount of obligations whose principal and interest are guaranteed by the United States Government.

Sec. 3101. – Public debt limit

(b) The face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) may not be more than $5,950,000,000,000, outstanding at one time, subject to changes periodically made in that amount as provided by law.

It is a fact: Every day the United States Treasury department receives dozens or hundreds of such instruments making claims of this type. Obviously some are valid and some are not.

It is a fact: There are only 3 official government directives or alerts that address spurious, fraudulent, fictitious, or otherwise invalid, instruments sent to the US Treasury for payment, and only one that officially states what is to be official US government policy and treatment of them if they are received, this is ALERT 99-10: which is also published on the government website for the United States Treasury: www.publicdebt.treas.gov under Frauds and Phonies,

The Office of the Comptroller of the Currency, Enforcement & Compliance Division in ALERT 99-10 states:

“Type: Suspicious Transactions

TO: Chief Executive Officers of all National Banks: all State

Banking Authorities; Chairman, Board of Governors of the

Federal Reserve System; Chairman, Federal Deposit Insurance Corporation;

Conference of State Bank Supervisors; Deputy Comptrollers (Districts);

Assistant Deputy Comptrollers; District Counsel and Examining Personnel.

RE: Fictitious Sight Drafts payable through the U.S. Treasury

It has been brought to our attention that certain individuals have been making and executing worthless paper documents which are titled “Sight Draft”. These items state that they are payable through the U.S. Treasury, 1500 Pennsylvania Avenue, NW, Washington, D.C. 20220. These instruments are being presented for payment at banks and other businesses throughout the United States. Any of these instruments that are presented to the U.S. Treasury for payment will be returned to the sender and copies will be provided to the appropriate law enforcement agencies.” Dishonored.

This is in conformity with the Uniform Commercial Code that parties may rely on their presentment of obligations as settled unless given a Notice of Dishonor, whether directly applicable to Treasury Dept. officers or not.

UCC3-503. NOTICE OF DISHONOR

…(b) Notice of dishonor may be given by any person; may be given by any commercially reasonable means, including an oral, written, or electronic communication; and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor.

c) Subject to Section 3-504(c), with respect to an instrument taken for collection notice of dishonor must be given…. within 30 days following the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given within 30 days following the day on which dishonor occurs.

These instruments are never returned from the Treasury dishonored.

It is a fact: There is no basis or reason or plausible explanation for such unexplained silence with regard to these particular instruments.

Every other branch of the Federal government including the Dept. of the Treasury has developed elaborate libraries of computer generated form letters of statements and replies dealing with almost every possible question or claim that could be made of any agency or department of the Federal government. The United States Treasury has an Office of Public Correspondence whose sole job it is to respond to communications from the general public. THERE IS NO COMMUNICATION SENT TO THE UNITED STATES TREASURY THAT CAN NOT BE RESPONDED TO AS IT MAY REQUIRE.

Many such categories of requests calling for response are far greater in number than claims in equity for recovery to a Prime-creditor over the United States and some categories are far fewer in number, and yet be the requests greater or smaller in number or in complexity of response required, all these of a commercial nature are regularly and timely responded to.

There is virtually no written response by the Federal government to this issue of recovery to the prime-creditors and holders in equity over the United States. The factually observable position of the Secretary of the Treasury and his department in response to THIS type of claim has been ABSOLUTE SILENCE be they from bank, business or private person:

Not denial, disavowal, dishonor, or repudiation of such claims OR their basis in law and fact if they are not true, which in every other case of correspondence to the Federal government or the Department of Treasury dealing with any question, request or claim: ANY SUCH FALSE CLAIM, MISCONCEPTION OR MISTAKEN UNDERSTANDING ON THE PART OF THE GENERAL PUBLIC IS TIMELY DEALT WITH IN EVERY CASE BY SUCH FORM LETTERS.

It is the duty of the United States Treasury to the commerce of the nation and in the interests of the general public whom it serves to quickly and conclusively quash and repudiate any such false understandings or claims of remedy in equity on recovery of the public debt in the commercial realm and it is easily within their power to do so.

This despite the fact the only official US government directive from the Department of the Treasury dealing with policy of the government toward fictitious or otherwise invalid instruments sent to the Treasury for collection status clearly “they will be returned to the sender.”

There is, therefore, no basis or reason or plausible explanation for such unexplained silence with regard to this particular class of instrument except that a remedy in equity for recovery to the prime-creditors over the United States IS true and factual and CANNOT BE DENIED or DISHONORED in equity, and that such Bills of Acceptance in discharge of mutually offsetting obligations between the United States and its holders in equity as secured parties ARE, in fact, being kept, held, and without return or dishonor, accepted as obligations of the United States in the discharge and recovery of the public debt as they make claim on their face to the Secretary of the Treasury to be.

How they are to be recovered on is up to the parties involved holding such obligations and is provided for in law and regulation and regulation and administration procedure a holder or its banking institution may use.

In Conclusion:

When a Commercial Bank sends the instrument to the Secretary for discharge of its own obligations and a problem arises concerning the instrument, a commercial response of some kind is required. There is a legal liability of the government to a negotiable legal tender obligation upon the United States government sent to them for acceptance by a member Federal Reserve Bank after they received it and became responsible for it.

The Treasury has an obligation as a department of government serving the public interest to the bank which as a member of the Federal Reserve System that has a commercial obligation to an account holder and a 3rd party who tendered the item in payment to tell them that its not any good or its not going to be honored, even if they wanted to keep it for prosecution or investigation. This is in effect what the directive says the government will do if its no good. What does statutory law, regulation, or case law tells us about what that obligation is?

They do not dishonor it in any way by return of the item or the sending of any notice to that effect, or make request for additional information or time for examination of the instrument, or given a statement of explanation indicating the time frame for its review and settlement if it would be an inordinately lengthy time as longer than 60 days to finish with it. The instruments are being kept, held, and without return or dishonor, are accepted as an obligation of the United States in the discharge and recovery of the public debt as it makes claim on its face to be.

Put another way: If the bank had had to pay the item to honor its customer agreement as if it had been a check, what would or could the bank be trying to do with it to finally settle the account? The bank needs to treat the Instrument tendered as an obligation of the United States to the bank. The tender of these instruments discharge the obligation of the debt for which they are delivered and the payee becomes the new holder in due course and collection agent on the instruments.

THE POWER OF THE NON STATUTORY CONTRACT TRUST
from www.bidziilbey.com

THE POWER OF THE NON STATUTORY CONTRACT TRUST

BIDZIIL BEY ™

Caveat:
This publication is based upon sources believed to be reliable. It is provided with the understanding that the publisher is not engaged in rendering legal, accounting, or tax advice. If legal or other expert guidance is required, the services of a qualified professional providing those services should be sought. This publication is for educational purposes only. The author and the publisher assume no responsibility for the consequences of anyone acting in accordance with this information.

Warning:
The following information may cause you pain, perhaps a cold sweat, maybe even nausea. Or, it may bring a sense of joy that you never thought was possible, a sense of peace, or a satisfaction that you have finally found some answers to the questions you have had. Either way what you do with the information you’re about to read, could change your life.

“My dearest Kay,
I have taken my life in order to provide capital for you. The IRS and its liens which have been taken against our property illegally by a runaway agency of our government have dried up all sources of credit for us. So I have made the only decision I can. It’s purely a business decision… You will find my body on the north side of the house.” – Alex

When Kay Council of High Point, N.C. came home that night in June of 1988, this was not what she needed.

After 9 years of battling with the IRS over a disallowed tax-shelter, fighting over $300,000 in taxes, interest and penalties. All of their financial resources exhausted, Alex Council made a business decision. To provide his wife with the funds needed to continue the battle. He took his life. It provided $250,000 to continue the fight.

Mrs. Council eventually won a court ruling that she and her husband owed the IRS nothing.
Mrs. Council, 48, said, “I was cheated of growing old with the man I love.”

The decision that Alex Council made was his own. From where I sit, it was a bad decision. But then again, I am not Alex Council, and I am not in the situation that he was in. But the tragic part of the whole situation is that he should have never been put in that situation either.

HE SHOULD HAVE NEVER HAD TO MAKE THIS DECISION!

If the Councils, had been using a THE NON STATUTORY Contract Trust, these problems all could have been avoided.

The business they managed could have been owned by THE NON STATUTORY CONTRACT Trust.
The home they lived in could have been owned and protected by THE NON STATUTORY CONTRACT Trust.
They could have received a modest salary on which to pay taxes, and they would have had no need for the tax shelter that caused their problem.

Unfortunately this is not an isolated case, many people have to make decisions every day about how to protect the assets that they have worked so hard to accumulate.

The information you are reading will tell you how to avoid the pitfalls associated with asset accumulation and preservation. And will give you details on one of the greatest asset protection and privacy vehicles available today – THE NON STATUTORY CONTRACT Trust.

Once you read through this information, you will be responsible for it. That means you will have to make a decision about what to do with it.

For many people this will be an exercise in futility. The decision will be “no decision” or “I need to look into that some more… some other time,” or even “nothing will ever happen to me.” These people are the dreamers, and most usually the whiners. The ones who will complain that the system isn’t fair when something does happen to them.

Currently over two-thirds of the world’s lawyers, more than 750,000, are practicing in the U.S. Statistics tell us that the odds of being sued in your lifetime are 1 in 4, and currently 1 of every 15 Americans is involved in a lawsuit. Keep in mind that this statistic includes all Americans. Welfare recipients, disabled, unemployed, etc…. Obviously your odds of being sued are much greater if you are an individual who has accumulated assets, or are working at accumulating them now.

For others, those who are willing to take responsibility for their own actions, this decision will be easy to make. These movers and shakers will have some questions written on this report, or on a separate paper, and will be motivated to learn more, and see if THE NON STATUTORY CONTRACT Trust is right for them.

NOTE: If you are not a decision-maker, or if you are a whiner, please do both of us a favor and give this report to someone who is a self-reliant, capable, decision-maker.

WHAT IS THE NON STATUTORY CONTRACT TRUST?

THE NON STATUTORY CONTRACT Trust, as we refer to it here, is a particular form of contract with a declaration of trust that is protected by the constitutional right to contract and by Common Law.

This should not be confused with a Common Law Trust, Massachusetts Trust, Business Trust, or any form or association of any type of statutory trust.

THE NON STATUTORY Contract Trust may provide these basic benefits:

Privacy

Asset Protection

Rendering yourself judgment-proof

The ability to engage in any lawful business anywhere

Diversification of assets into separate “bullet-proof compartments”

Elimination of probate and estate taxes

Reduction of other taxes

Elimination of government reporting
According to the U.S. Supreme Court:
“Concerning privacy, a trust organization created under the U.S. Constitutional right of contract cannot be abridged. The agreement, when executed, creates a federal organization not under the laws passed by any of the several State legislatures. “U.S. v. Carruthers, 219 F2s 21 (1925); Waterman v. MacKenzie, 138 US 252 (1981); Crocker v. MacCloy, 649 U.S. Sup. 39 at 270.

THE RIGHT TO CONTRACT

The right to contract is guaranteed by Article 1, Section 10 of the U.S. Constitution: “No State shall make any law impairing the obligation of contracts.” It is further guaranteed by the Fourteenth Amendment: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

There are two classes of entities available today: Those created with permission from the government (corporations, partnerships, sole proprietorships, business license, drivers license, identification numbers, trusts), and those not subject to the jurisdiction of the government.

Those created with government permission are subject to government regulation, and the government can change their regulations whenever they wish.

Corporations and other types of statutory entities listed above are created with government permission. When you get the government’s permission, you give up your constitutional rights. You become subject to bureaucratic control. Fortunately one can establish an entity that is not subject to these statutes. THE NON STATUTORY Contract Trust is a Common Law entity, not subject to statutory control. It is not created by government permission as corporations are.

Most lawyers don’t learn about the Constitution and common law. They learn statutory law. They swear an oath to uphold statutory law. In fact, if they want to be heard in a common-law court, they have to get special permission! Any entities that a lawyer creates such as corporations are statutory entities. Generally, any trust that they set up are statutory trusts. The entities they create are subject to being licensed, reporting to the government, being audited, and taxed. However, THE NON STATUTORY Contract Trust is not subject to these statutory intrusions.

HALE V. HENKEL

When I communicate the information that you have read so far to most people, the responses fall into one of two categories:
1. Hogwash
2. This is what I’ve been looking for all of my life!

No matter what the response, the information you are about to read could make this the greatest day of your life.

Let’s consider the following U.S. Supreme Court case. The case contrasted the duty of the corporation with the duty of a Sovereign Individual.
(Note: If you have received a Social Security number, birth certificate, driver’s license, marriage license, etc…. YOU ARE NOT A INDIGENOUS INDIVIDUAL – unless you have taken special steps to correct your status. However, THE NON STATUTORY Contract Trust IS effectively a SOVEREIGN INDIVIDUAL!)

“There is a clear distinction in this particular case between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for an examination at the suit of the State. The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no such duty to the State, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights.” Hale v. Henkel, 201 U.S. 43 at 47 (1905).

Let’s look at what is being said. First of all, there is a difference between an individual and a corporation. The corporation has no right to refuse to submit its books and papers for an examination at the demand of the State.

Secondly, the individual may stand upon his constitutional rights as a citizen. The key word here is stand. If you don’t stand up for your rights, and take advantage of the opportunities provided by them, no one else will do it for you.

Third, it says “He is entitled to carry on his private business in his own way.” Note that it says “private business” – you have the right to operate a private business. Then it says “in his own way.” It doesn’t say with the government’s guidance, or interference.

Fourth, “His power to contract is unlimited.” Notice this is a restatement of our rights under the constitution. There are several items that determine whether a contract is valid or not. The most obvious is that any contract that would harm others, or violate their rights would be invalid. Aside from that, your power to contract is unlimited.

Fifth, “He owes no such duty to the State (to submit his books and papers for an examination), since he receives nothing therefrom beyond the protection of his life and property.” The individual doesn’t need and didn’t receive permission from the government, hence he has no duty to the government.

Sixth, “His rights are such as existed by the law of the land long antecedent to the organization of the State… ” Take special note of this, The U. S. Constitution does not grant us rights, it guarantees the rights we already have! Don’t believe it? Read Amendment IX which says, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Seventh, the Supreme Court said, “and can only be taken from him by due process of law, and only in accordance with the Constitution.” Due process involves specific procedures, and safeguards such as a trial by jury.

Eighth, “Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law.” The individual does not have to report anything about themselves or their business to anyone.

Last, “He owes nothing to the public so long as he does not trespass upon their rights.” Does this mean what it sounds like? Yes, it does! The Sovereign Individual operating in Trust does not have to pay most taxes.

Pretty exciting stuff isn’t it?

However, for most people it is not practical to relinquish their social security number, driver’s license etc…. (In order to correct their status so they can become Sovereigns.) So, what do we do? Where do we go?

THE NON STATUTORY Contract Trust Answer
The answer to this and other questions, is to utilize THE NON STATUORY CONTRACT Trust. THE NON STATUORY CONTRACT Trust is a legal individual entity in the eyes of the law – a sovereign individual that has not compromised any of its constitutional or common-law rights. A sovereign individual not subject to statutory regulation.

THE NON STATUTORY Contract Trust can own property, do business, etc…. It is completely private. It has no reporting requirements to any government or state. It doesn’t have to pay income taxes, capital-gain taxes, death or estate taxes, nor is it subjected to the probate process. If I use THE NON STATUTORY Contract Trust I make provisions that when I die my successors take over the management of it – all completely legal and private.

THE NON STATUTORY Contract Trust enables me to exchange assets into it while I still control the practical use of those assets.

THE NON STATUORY CONTRACT Trust can also operate a business, and provides limited liability. It is a perfectly private business with no reporting requirements to anyone.

The “Super Rich” have been utilizing similar trusts for centuries, and now this option has also become affordable to the rest of us, and at a price that most of us can afford.

WHAT MAKES THE NON STATUTORY Contract TRUST SUCH A POWERFUL INSTRUMENT? – THE “EMBARRASSING ISSUE PRINCIPLE”

There is a very powerful legal principle you can apply to reduce the risk of being attacked by government marauders. I call it “the embarrassing issue principle.” I recently heard a story about a prosecutor saying to a judge, “But your honor! You can’t allow this matter to be entered as evidence, because if you do, it’ll destroy the judicial system!”

Suppose you operate some business or activity which is perfectly legitimate, but some bureaucrats don’t like it, and they’ve passed some unconstitutional statute or regulation prohibiting it. Suppose you have taken a certain legal precaution such that if the government criminals haul you into court, they’ll be unable to prevent you from bringing one or more “embarrassing issues” before the court. As soon as they discover your precaution, they may very well back down and leave you alone.

In 1993 government agents raided the free-enterprise bank of Anthony Hargis in Orange County, California. They illegally seized money, records, and computers. The contract Hargis has his clients sign, includes several “embarrassing issues.” Hargis also submitted an “Affidavit of Truth,” containing certain “embarrassing issues” to the appropriate government agencies. Earlier this year they returned everything they had seized.

Hargis told me that there are certain issues that make the bureaucrats tremble. They couldn’t prosecute Hargis, because if they did, they would not have been able to prevent Hargis from introducing certain issues into court as evidence. The bureaucrats know that if these embarrassing issues are introduced in court, they will most likely lose. So they just back off completely.

THE NON STATUTORY Contract Trust contains in the contract itself eight of these embarrassing issues. If bureaucrats were to challenge THE NON STATUTORY Contract Trust in court, it would be virtually impossible for them to prevent these eight embarrassing issues from being raised in court.

The reason why this stratagem is possible is that certain “judicial irregularities” (to put it mildly – judicial fraud is more accurate!) were perpetrated in order to subvert the government system to its current degree of unconstitutional oppression. Many senior bureaucrats are aware of what has been done to subvert the system. They don’t want the “judicial irregularities” exposed, because they know they can’t defend them. So, in the case of Anthony Hargis’s free-enterprise bank, they backed off completely with their tails between their legs, when their weak spots were challenged. Exactly the same is likely to happen if they try to attack THE NON STATUTORY Contract Trust.

FIVE OTHER FACTORS THAT MAKE THE NON STATUTORY Contract TRUST VERY POWERFUL

Legality. Every aspect of THE NON STATUTORY Contract Trust is perfectly legal and backed by the U.S. Constitution and by U.S. Supreme Court decisions and other court decisions. These issues are covered in detail in Report #PCT04: The Pure Contract Trust in a Nutshell.

Jurisdictional Challenge. THE NON STATUTORY Contract Trust is a constitutional common-law entity. It is not subject to statutory control. The legal aspects of this factor are also covered in Report #PCT04: THE NON STATUTORY Contract Trust in a Nutshell. If the user or managing director of the trust is threatened, challenged, or attacked by a bureaucrat, then the bureaucrat is served with a Jurisdictional Challenge. The bureaucrat is challenged to prove that he or the statutory agency he represents has jurisdiction over the trust which is a constitutional entity. The bureaucrat is also put on notice that if he or she violates the constitutional rights of the trust, then he or she will be prosecuted to the full extent of the law and that payment to recover damages suffered will be sought. Bureaucrats usually back off when they are confronted with the Jurisdictional Challenge. See Report #PCT05: The Jurisdictional Challenge.

Unanimous Approval Required from Trustees to Reveal Information. The privacy of the affairs, books, and records of THE NON STATUTORY Contract Trust is guaranteed by the Fourth and Fifth Amendments to the U.S. Constitution. In addition, the contract includes a clause to the effect that information about the trust affairs may only be divulged subject to unanimous approval by the trustees. So, if a user or managing director of the trust is asked for information, the user says, “I’ll gladly cooperate with you Mr. Bureaucrat, however, before I can proceed, I need approval from the principals (or trustees). I’ll contact the trustees and ask their permission. Please contact me again in a week.” The trustees almost never give unanimous approval. So if the bureaucrat tries again, he is told that the trustees didn’t give their approval.

Trustees are Sovereign Individuals. The government operates on the basis that citizens are their slaves because they have contracted away their constitutional rights by acquiring birth certificates, social security numbers, driver’s licenses, etc. The trustees have taken the necessary steps to revoke all these “hidden” or “adhesion” contracts. They have restored their constitutional rights. They know how to stand up for these rights and defend them. They stand ready to defend the trust if it is attacked.

Dispute Resolution. Three trust experts, including an attorney, have indicated that THE NON STATUTORY Contract Trust is a very solid private contract because it includes a private dispute resolution procedure. Governments usually operate on the basis that they are a party to a contract, because it’s their function to resolve disputes resulting from the contract. This is one of the reasons governments claim give them a right to intrude in the affairs of a contract. In the case of THE NON STATUTORY Contract Trust they can make no such claim.

THE NEXT STEP

It has been said that “Man’s mind, once stretched by a new idea never regains its original dimensions.”

Your mind has now been stretched. Since you have read this far, you are obviously a self-starting, motivated, and independent individual, who wants the very best that life has to offer. Since that is the case you have the responsibility to learn more.

Now some people say “I’ll get around to that.” – They seldom do.
Some say “I’ll think it over.” – They go back to watching TV.
Some say, “It sounds too good to be true, and if it sounds too good to be true it usually is.” – That’s right it usually is, but what if this is not one of the “usually?”
Don’t you owe it to yourself and your loved ones to investigate further?
Take the next step, do it now!
This may be the greatest day of your life!