Commercial Lien Affidavit of Obligation

Transcription

1 RECORDING REQUESTED AND PREPARED BY: Danial Thomas Florence 970 E Walton BLVD. Pontiac Michigan WHEN RECORDED, RETURN TO SAME Drafter Danial Thomas Florence 970 E Walton BLVD Pontiac Michigan Commercial Lien Affidavit of Obligation No. 1930FP971SR A Security (15 USC) A U.S.S.E.C. Tracer Flag Not a point of Law Re: 1930FP971SR Re: No. 1924DB928FR Parties: Lien Claimant/ Secured Party: Danial Thomas Florence 970 E Walton BLVD Pontiac Michigan LIEN DEBTOR(S): DANIAL THOMAS FLORENCE Assigned Social Security number XXX-XX E Walton BLVD Pontiac Mi JOHN DOES JANE DOES Affidavit of Obligation Dan Page 1 of 7

2 Maxims of Commerce 1. All men know the foundation of law and commerce exists in the truth, the whole truth, and nothing but the truth. 2. In commerce, truth is sovereign. 3. An un-rebutted affidavit stands as truth in commerce. 4. An un-rebutted affidavit becomes a judgment in commerce. 5. All men are guaranteed a remedy by the due course of law. If a remedy does not exist or the existing remedy has been subverted, then one may create a remedy and endow it with credibility by expressing it in an affidavit. 6. All corporate government is based upon commercial affidavits, contracts, liens and distresses; hence, governments cannot exercise the power to expunge commercial processes. 7. The legitimate political power of a corporate entity is absolutely dependent upon its possession of commercial bonds against public hazard. Absence of said bonds means no responsibility, no power of official signature, no real corporate political power, and no privilege to operate statutes as the corporate vehicle. 8. The corporate legal power is secondary to commercial guarantors. Case law is not a responsible substitute for a bond. 9. Municipal corporations, which include cities, counties, states and national governments, have no commercial reality without bonding of the entity, its vehicle (statutes), and its effects (the execution of its rulings). 10. Except for a jury, it is a fatal offense for any person, even a judge, to impair or to expunge, without a counter-affidavit, any affidavit or any commercial process based upon an affidavit. 11. Judicial non-jury commercial judgments and orders originate from a limited liability entity called a municipal corporation; hence, same must be reinforced by a commercial affidavit and a commercial liability bond. 12. A foreclosure by a summary judgment (non-jury) without a commercial bond is a violation of commercial law. Affidavit of Obligation Dan Page 2 of 7

3 13. Governments cannot make un-bonded rulings or statutes which control commerce, free enterprise citizens, or sole proprietorships without suspending commerce by a general declaration of martial law. 14. It is tax fraud to use courts to settle a dispute/controversy which could be settled peacefully outside of or without the court. 15. An official (officer of the court, policeman, etc.) must demonstrate that he or she is individually bonded in order to use a summary process. 16. An official, who impairs, debauches voids or abridges an obligation of contract or the effect of a commercial lien without proper cause becomes a lien debtor and his or her property is forfeit as the pledge to secure the lien. Pound breach (breach of impoundment) and rescue is a felony. 17. It is unlawful for a judge to summarily remove, dismiss, dissolve or diminish a commercial lien. Only the lien claimant or a jury can dissolve a commercial lien. 18. Notice to agent is notice to principal; notice to principal is notice to agent. PUBLIC HAZARD BONDING OF CORPORATE AGENTS: All officials are required by federal, state, and municipal law to provide the name, address and telephone number of their public hazard and malpractice bonding company and the policy number of the bond and, if required, a copy of the policy describing the bonding coverage of their specific job performance. Failure to provide this information constitutes corporate and limited liability insurance fraud (15 USC) and is prima facie evidence and grounds to impose a lien upon the official personally to secure their public oath and service of office. Introductory Certification The Undersigned Affiant, Danial Thomas Florence, does herewith solemnly swear, declare, and state as follows: 1. Affiant is of majority age and sound mind, and is competent to testify. 2. Affiant has personal first-hand knowledge of the facts stated herein. Affidavit of Obligation Dan Page 3 of 7

4 Allegations: Allegations arise from the conduct of LIEN DEBTOR doing business as DANIAL THOMAS FLORENCE and any and all derivatives and variations in the spelling thereof. 1. DANIAL THOMAS FLORENCE is a pubic trust operating as a benefit to Danial Thomas Florence and acting as a holding trust for Danial Thomas Florence.. 2. Danial Thomas Florence is a contributing beneficiary of the DANIAL THOMAS FLORENCE/TRUST. 3. Danial Thomas Florence is the only legitimate claimant of all of the proceeds, products, fixtures, and the like of the DANIAL THOMAS FLORENCE/TRUST. 4. Danial Thomas Florence and the DANIAL THOMAS FLORENCE/TRUST have entered into a SECURITY AGREEMENT on the eighth day of the second Month in the Year of Our Lord Two Thousand and Sixteen identified as 1924DB928FR 5. Danial Thomas Florence and the DANIAL THOMAS FLORENCE/TRUST agree that once properly drafted and filed, the Security Agreement creates a security interest to the benefit of a Secured Party. 6. Danial Thomas Florence and the DANIAL THOMAS FLORENCE/TRUST agreed that this agreement is a contract that no state may impair the obligation of pursuant to Article I, Section 10 of the United States Constitution. 7. Danial Thomas Florence and the DANIAL THOMAS FLORENCE/TRUST agree that this agreement, once perfected at the Office of the Secretary of State, stands in the law of commerce as supreme and almost virtually impenetrable. 8. All products, proceeds and fixtures of the DANIAL THOMAS FLORENCE/TRUST, including, but not limited to, bank accounts, automobiles, brokerage accounts, and all Collateral listed in Commercial Security Agreement No. 1924DB928FR. were created as a result of the labor, industry and capital investment of Danial Thomas Florence. 9. The DANIAL THOMAS FLORENCE/TRUST, LIEN DEBTOR, is in breach of said Commercial Security Agreement No. 1924DB928FR Danial Thomas Florence has established a Lien Right as a result of the breach of Commercial Security Agreement No. 1924DB928FR. by the DANIAL THOMAS FLORENCE/TRUST, LIEN DEBTOR. 11. The DANIAL THOMAS FLORENCE/TRUST, LIEN DEBTOR is indebted to Danial Thomas Florence due to breach of Commercial Security Agreement No.1924DB928FR Affidavit of Obligation Dan Page 4 of 7

5 12. Danial Thomas Florence is entitled to recover the value of the labor, industry and capital investment of Danial Thomas Florence in the amount of One Hundred Billion Dollars ($100,000,000,000,00) in functional currency of the United States and the return of all interest to the principal Proof of Allegations 1. LIEN DEBTOR(S) affirm that DANIAL THOMAS FLORENCE is a pubic trust operating as a benefit to Danial Thomas Florence acting as a holding trust for Danial Thomas Florence. 2. LIEN DEBTOR(S) affirm that Danial Thomas Florence is the contributing beneficiary of the DANIAL THOMAS FLORENCE/TRUST. In the absence of timely rebuttal, allegation is affirmed 3. LIEN DEBTOR(S) affirm that Danial Thomas Florence is the only legitimate claimant of all of the proceeds, products, fixtures, and the like of the DANIAL THOMAS FLORENCE/TRUST. 4. LIEN DEBTOR(S) affirm that Danial Thomas Florence and the DANIAL THOMAS FLORENCE/TRUST have entered into a SECURITY AGREEMENT on the eighth Day of the second month in the Year of Our Lord Two Thousand and Sixteen, identified as 1924DB928FR.. 5. LIEN DEBTOR(S) affirm that Danial Thomas Florence and the DANIAL THOMAS FLORENCE/TRUST agree that once properly drafted and filed, the Security Agreement creates a security interest to the benefit of a Secured Party. 6. LIEN DEBTOR(S) affirm that Danial Thomas Florence and the DANIAL THOMAS FLORENCE/TRUST agree that this agreement is a contract that no state may impair the obligation of pursuant to Article I, Section 10 of the United States Constitution. 7. LIEN DEBTOR(S) affirm that Danial Thomas Florence and the DANIAL THOMAS FLORENCE/TRUST agree that this agreement, once perfected at the Office of the Secretary of State, stands in the law of commerce as supreme and almost virtually impenetrable. 8. LIEN DEBTOR(S) affirm that all products, proceeds and fixtures of the DANIAL THOMAS FLORENCE/TRUST including, but not limited to, bank accounts, automobiles, brokerage accounts, and all Affidavit of Obligation Dan Page 5 of 7

6 Collateral listed in Commercial Security Agreement No. 1924DB928FR., were created as a result of the labor, industry and capital investment of Danial Thomas Florence. 9. LIEN DEBTOR(S) affirm that the DANIAL THOMAS FLORENCE/TRUST, is in breach of Commercial Security Agreement No. 1924DB928FR. 10. LIEN DEBTOR(S) affirm that Danial Thomas Florence has established a Lien Right as a result of breach of Commercial Security Agreement No. 1924DB928FR. by the DANIAL THOMAS FLORENCE/TRUST. 11. LIEN DEBTOR(S) affirm that the DANIAL THOMAS FLORENCE/TRUST is indebted to Danial Thomas Florence as a result of breach of Commercial Security Agreement No.1924DB928FR. 12. LIEN DEBTOR(S) affirm that Danial Thomas Florence is entitled to recover the value of the labor, industry and capital investment of Danial Thomas Florence in the amount of One Hundred Billion Dollars ($100,000,000,000.00) in functional currency of the United States and the return of all interest to the Principal. NOTICE IS HEREBY GIVEN that LIEN DEBTOR(S) have ten (10) days from receipt of this Commercial Lien / Affidavit of Obligation to rebut, deny or otherwise prove invalid the above allegations. Failure to rebut, deny or otherwise prove invalid any allegation shall be construed as failure to rebut, deny or otherwise prove invalid all allegations. This is a self-executing Power of Attorney. Ledgering Ledgering in the instant matter is comprised solely of the value of the labor, industry and capital investment of Danial Thomas Florence in the amount of One Hundred Billion Dollars ($100,000,000,000.00) in functional currency of the United States. Surety Surety for the value of this Commercial Lien / Affidavit of Obligation consists of the products, proceeds, fixtures and Collateral of the DANIAL THOMAS FLORENCE/TRUST, as listed in Commercial Security Agreement No.1924DB928FR.0 If the value of One Hundred Billion Dollars ($100,000,000,000.00) in functional currency of the United States cannot be had by its products, proceeds, fixtures and Collateral, then the public hazard bonds of LIEN DEBTOR(S) are seized to satisfy any remaining value. Affidavit of Obligation Dan Page 6 of 7

7 Signatures DANIAL THOMAS FLORENCE, LIEN DEBTOR, represents and warrants the Proof of Allegations set forth above as true, correct and complete. Lien Claimant accepts LIEN DEBTOR S signature in accordance with the Uniform Commercial Code (see et seq.) and acknowledges same as representative of all derivatives and variations in the spelling of LIEN DEBTOR S name. DANIAL THOMAS FLORENCE/LIEN DEBTOR I, Danial Thomas Florence, do certify on my unlimited commercial liability that I have read the above and have grounds and know that it is true, correct, and complete, and not misleading, the truth, the whole truth, and nothing but the truth. Danial Thomas Florence, Lien Claimant Jurat County of Oakland State of Michigan ) ) ) ss: SUBSCRIBED TO AND SWORN before me on this 8 day of February, Affidavit of Obligation Dan Page 7 of 7

8 RECORDING REQUESTED AND PREPARED BY: = Danial Thomas Florence 970 E Walton BLVD Pontiac Michigan WHEN RECORDED, RETURN TO SAME Drafter COMMERCIAL SECURITY AGREEMENT PARTIES: NON-NEGOTIABLE -- NON-TRANSFERABLE Security Agreement 1924DB928FR Debtor: DANIAL THOMAS FLORENCE/TRUST (and all derivatives thereof) Assigned Social Security number: XXX-XX E. Walton BLVD Pontiac Mi Secured-Party Danial Thomas Florence 970 E Walton Blvd Pontiac Michigan This Commercial-Security-Agreement is made and entered into on the eighth day of February, in the year 2016, effective ab initio dob January 14, 1953, by and between the flesh and blood living man Danial Thomas Florence, 970 E Walton BLVD Pontiac Michigan referred to hereinafter as Secured-Party, and also known as the creditor and/or holder-in-due-course, of the First-Part, and the juristic person/straw man/legal entity DANIAL THOMAS FLORENCE, PONTIAC MI and/or any alphanumerical variation(s) and/or derivative(s) thereof). Referred to hereinafter as Debtor, of the Second-Part. This Commercial-Security- Agreement supersedes and replaces, nunc pro tunc, any presumed, implied, assumed, or actual co-business partnership, attorney-in-fact, trustee, fiduciary, or accommodation party arrangements that may have existed between the Secured-Party and the State created Debtor, and/or any third party. Security Agreement Dan Page 1 of 5

9 FOR VALUABLE CONSIDERATION already received (labor), all property of Debtor (party of the Second- Part) now owned and/or hereafter acquired, including but not limited to: all instruments, assets, accounts, property, products, proceeds, and fixtures, etc. (hereinafter jointly and severally Property ) is transferred to and hereby the property and security of the Secured-Party, (party of the First-Part). Any/all Property not specifically listed, named or referenced, is included in the same. All Property is accepted for value and is exempt from levy. All Property and the Orders there from are released to the Secured-Party s "straw man", and before any of said property can be exchanged, sold, tendered or in any manner disposed of, Secured-Party must be compensated no less than One Hundred Billion ($100,000,000,000.00) in functional currency of America (sic) or the United States. Further, FOR SAME VALUABLE CONSIDERATION, the debtor, without the benefit of discussion or division, does expressly hereby agree, covenant, and undertake indemnifying and holding harmless the secured party from and against any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, depositions, summonses, lawsuits, costs, fines, liens, levies, penalties, damages, interests, and expenses, whatsoever, absolute or contingent, due or to become due, now existing or hereafter arising, suffered, incurred by or imposed on or against debtor for any reason, purpose, or cause, whatsoever. Debtor does hereby and herewith expressly covenant and agree that secured party shall not, under any circumstance or in any manner whatsoever, be or be considered an accommodation party or surety for debtor. The Debtor agrees to notify all employers and creditors of the same, as all Debtor s property is as of this date, is property of the Secured-Party. The Debtor is hereby expressly forbidden to conduct any business, or from doing business as (d/b/a) DANIAL THOMAS FLORENCE. The Debtor is a Transmitting-Utility for the Secured-Party, and the Secured-Party is hereby granted Power-of-Attorney. Debtor agrees to Hold- Harmless the Secured-Party of any/all actions taken, and indemnifies the same by way of Bond. Power of Attorney. The Debtor hereby authorizes and appoints Secured-Party to act as Debtor s agent and/or Authorized Representative (AR) and/or attorney-in-fact, irrevocably, with full power of substitution to do the following; (a) indorse all documents, instruments, licenses, permits, notes, checks, drafts, and money orders, of any type or nature; (b) to demand, collect, receive, receipt for, sue, and recover all sums of money or other property which may now or hereafter become due, owing, or payable to the Debtor; (c) execute, sign, and indorse any and all claims, instruments, receipts, checks, drafts, or warrants issued in payment for the collateral; (d) to settle or compromise any and all claims; and (e) to file any claim or claims or to take any action or institute or take part in any proceedings, either in his own name or in the name of the Debtor, or otherwise, Security Agreement Dan Page 2 of 5

10 which in the discretion of the Secured-Party may seem to be necessary or advisable. In addition, the signature of Secured-Party on any instrument, license, permit, or any document now existing or hereafter arising, upon which the name of the Debtor is, howsoever it evidenced, is hereby the authorized signature of Secured-Party as agent representing Debtor. In addition, the Secured-Party may, on behalf of and in the name of the Debtor, receive, open, and dispose of mail addressed to Debtor, and change any address to which mail and payments are to be sent. This power is hereby given as security for the indebtedness, and the authority hereby conferred is and shall be irrevocable and shall remain in full force and effect until renounced by the Secured-Party in writing without threat, duress or coercion (T/D/C). The Secured-Party reserves the right to amend the terms and conditions of this Security Agreement at any time. The Secured-Party expressly Reserves All Rights and Remedies. Miscellaneous Provisions. The following miscellaneous provisions are a part of the herein agreement: Amendments. The herein Security Agreement, together with any Related Documents, such as but not limited to Affidavits-of-Truth, or Acts-of-State, or Powers of Attorney, or any other of and/or by the Secured-Party, constitute the entire understanding and agreement of the parties as to the matters set forth. No alteration of or amendment to the herein Security Agreement will be effective unless given in writing and signed by the Debtor and Secured Party without any Threat, Duress or Coercion (T/D/C). Other Right and Remedies. Secured Party has the rights and remedies of a secured creditor under the Uniform Commercial Code (UCC) as may be amended from time to time. In addition, Secured Party does have and may exercise any and all other rights and remedies available at law. Both parties have agreed that the cost or price of joinder (of being joined to the contract) is one million (1,000,000.00) in functional currency of America (sic) or the United States per event of stultification or any attempt to impair or stultify the Creditor or Debtor or the contract itself. This privately held Security Agreement is NOT dischargeable in bankruptcy court and is exempt from third party levy and is the property of the holder in due course. See UCC Art EVENTS OF DEFAULT: Each of the following shall constitute an event of default under the herein AGREEMENT: 1.) INSOLVENCY. The insolvency of debtor, the appointment of a receiver for any part of debtor s property, Security Agreement Dan Page 3 of 5

11 any assignment for the benefit of third-party creditor(s), or the commencement of any proceeding under any bankruptcy or insolvency laws by or against debtor. 2.) CREDITOR PROCEEDINGS. Commencement of foreclosure, whether by judicial proceeding, self-help, repossession, or any other method, by any third-party creditor of debtor against the collateral or any other collateral securing the indebtedness. This also includes a garnishment of any of debtor s deposit accounts with secured party. 3.) OTHER DEFAULTS. Failure of debtor complying with or performing any other term, obligation, covenant, or condition contained in the herein Security Agreement 1924DB928FR or in any of the related documents or in any other agreement between secured party and debtor. 4.) INSECURITY. Secured party, in good faith, deems itself insecure. RIGHTS AND REMEDIES ON DEFAULT. If an event of default occurs under the herein Security Agreement 1924DB928FR, or any time thereafter, secured party shall have all the rights of a secured party in commerce. In addition and without limitation, secured party may exercise any one or more of the following rights and remedies: 1.) Accelerate indebtedness, 2.) assemble collateral, 3.) sell the collateral, 4.) appoint receiver, 5.) collect revenues, 5.) apply accounts, 6.) obtain deficiency, 7.) cumulative remedies. "Straw man" - means DANIAL THOMAS FLORENCE, and all derivations thereof. A "front;" a third party who is put up in name only to take part in a transaction. See Black's Law Dictionary, 6th Ed. Page 1421, and "Stramineus homo," page 1421, see also Black's Law Dictionary, 6th Ed. page 502, "Dummy Corporation". "Dummy corporation" means DANIAL THOMAS FLORENCE and all derivatives thereof, an artificial person, or legal entity, or vessel created by or under the authority of the laws of a State or nation, composed, in some rare instances of a single person (such as debtor). The Corporation is distinct from the individual or individuals who comprise it. Such entity, subsistence as a body politic under a special denomination, which is regarded in law as having a personality and distinct from that of its several members. See Dartmouth College vs. Woodward (4 wheat) , 657, 4L Ed, 629: U.S. vs. Tinindad Coal Co. 137 U.S. 160, 11 S.Ct.57, 34 L.Ed See Names of Vessels. U.S.GPO Style Manual, 29th Ed (2000), Chap 3, 9, 11, 19. et al. The Debtor agrees to notify all employers and creditors of the same, as all Debtor s property is as of this date, property of the Secured-Party. The Debtor is hereby expressly forbidden to conduct any business, or from doing business as (d/b/a) DANIAL THOMAS FLORENCE. Security Agreement Dan Page 4 of 5

12 DEBTOR ACKNOWLEDGES and agrees to all the provisions of the herein Security Agreement 1924DB928FR and agrees to the terms expressed herein. Debtor acknowledges debtor is a transmitting utility. Notice; Using Notary on this document does not create an adhesion contract with the State, nor does it alter my status in any manner, but is used only for identification and certification purposes and not for entrance into any foreign jurisdiction. All rights and remedies are reserved. Notice to Principal is notice to agent and Notice to agent is notice to Principal. Debtor's Signature is in accord with UCC Art Authorized Representative's signature is in accord with UCC Art DEBTOR'S Signature: DANIAL THOMAS FLORENCE Assigned Social Security number: XXX-XX-5093 Secured Party: by Danial Thomas Florence ACKLOWLEDGMENT The State of Michigan ) The County of Oakland ) Acknowledged before me this 8 day of February A.D. 2016, a man appearing in his true character, who identified himself as Danial Thomas Florence appeared before me and attested to the truth of this instrument with his autograph. Security Agreement Dan Page 5 of 5