Krus W. KOBACH Secretary of State

Transcription

1 Krus W. KOBACH Secretary of State Memorial Hall, 1 st Floor 120 S.W. 10th Avenue Topeka, KS (785) November 4, 2014 STATE OF KANSAS RANDALL DAVID DUE C/O 179 GREEN STREET EAST PELHAM GA UCC 1 FILE #: FILE DATE: 10/31/2014 LAPSE DATE: 10/31/2019 Number of pages in this filing: 7 Our database contains the following debtor and secured party information for this filing. Secured Party RANDALL DAVID DUE C/O 179 GREEN STREET EAST PELHAM GA Debtor DUE; RANDALL DAVID; ORGANIZATION/TRADENAME/TRADEMARK 179 GREEN STREET EAST PELHAM GA kid Business Services: (785) Fax: (785) Web site: kssos@sos.ks.gov Elections: (785) Fax: (785)

2 UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT FILER (optional) B. CONTACT AT FILER (optional) C. SEND ACKNOWLEDGMENT TO: (Name and Address) I Randall David, Due c/o 179 Green Street East Pelham, Georgia (31779) L..J S1 001 $20.00 PAGES: eeee1 FILED BY KS 50S :36:55 AM FILE': 111B12B II 1111 ~ THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1. DEBTOR'S NAME: Provide only gqjl Debtor name (1a or 1b) (use ekact, full name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the Individual Debtor's name will not fit In litle lb,leave au of item 1 blank, check hare 0 and provide the individual Deblor information in ilem 10 of ihe Financlng Statement Addendum (Form UCC1A(1) 1a. ORGANIZATION'S NAME DUE; RANDALL DA VID; ORGANIZATONITRADENAMEITRADEMARK OR lb. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)JINITIAL(S) SUFFIX lc. MAILING ADDRESS CITY STATE lpostal CODE COUNTRY 179 Green Street East PELHAM GA USA 2. DEBTOR'S NAME: Provide only sm. Debtor name (2a or 2b) (use ekact, fun name; do not omit, modify, or abbreviate any part of the Debtor's name); if any part of the Individual Debtor's name win not fit In Une 2b, leave all of Item 2 blank, check here 0 and provide the Individual Debtor Information in item 10 of the Financing Statement Addendum (Form UCC1Ad) 2a. ORGANIZATION'S NAME OR 2b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME '1... T.., 2c. MAILING ADDRESS CITY STATE I ADDITIONAL NAME(S)JINITIAl(S) POSTAl CODE SUFFIX COUNTRY 3 SECURED PARTY'S NAME ( or NAME 0 f ASSIGNEE 0 f ASSIGNOR SECURED PARTY) : Pr ov ide only SIDI. Secured Party name (38 or 3b) 3a. ORGANIZATION'S NAME OR 3b. INDIVIDUAl'S SURNAME FIRST PERSONAL NAME ADDITIONAl NAME(S)IINITIAl(S) SUFFIX Due RandaU David 3c. MAILING ADDRESS CITY STATE IPOSTAl CODE COUNTRY c/o 179 Green Street East Pelham Ga Near (31779] usa 4. COLLATERAL: This financing statement covers the following collateral: SEE ATTACHED COPYRIGHT NOTICE, 2 pages SEE ATTACHED COMMERCIAL SECURITY AGREEMENT, 2 pages SEE ATTACHED HOLD HARMLESS AND INDEMNITY AGREEMENT, 2 pages 5. Check Q If applicable and check m one box: Co/lateral is being edmlrn.tered by a Decedenfs Person.. Representative Sa. Check Q/Jbt If applicable and check SIDbt. one box: 6b. Check _ If applicable and check SHlIx one box: Publlc-Finance Tranaaction Manufactured-Home Transaction A Debtor Is a Tranamlttlng UtiUIy Agricultural Lien Non-UCC Fling 7. AlTERNATIVE DESIGNATION (If applicable): 0 Lessee/Lessor 0 Consignee/Consignor 0 Seller/Buyer o Bailee/Bailor 0 licensee/licensor 8. OPTIONAL FILER REFERENCE DATA: DEBTOR: RANDALL DAVID DUE SECURED PARTY: Randall-David: Due WITHOUT RECOURSE FILING OFFICE COPY - UCC FINANCING STATEMENT (Form UCC1) (Rev. 04/20/11) International Association of Commerdal Administrators ClACA)

3 Copyright Notice Copyright Notice: All rights reserved re common-law copyright of tradename/trade-mark, RANDALL DAVID DUE -as well as any and all derivatives and variations in the spelling of said trade-name/trade-mark-copyright 1969 by ; Randall- David; Due. Said Trade-name/trade-mark, RANDALL DAVID DUE, may neither be used, nor reproduced, neither whole nor in part nor in any manner whatsoever, without the prior, express, written consent and acknowledgment of ; Randall - David; Due as signed by the red-ink signature of: Randall - David; Due, hereinafter "Secured Party." With the intent of being contractually bound, any Juristic Person, as well as the agent of said Juristic Person, consents and agrees by this Copyright Notice that neither said Juristic Person, nor the agent of said Juristic Person, shall display, nor use in any manner, the trade-nameltrade-mark, nor the common-law copyright described herein, nor any derivative of, nor any variation in the spelling of, said name without the prior, express, written consent and acknowledgment of Secured Party, as signified by Secured Party's signature in red ink. Secured Party neither f grants, nor implies, nor otherwise gives consent for:any unauthorized use of RANDALL DAVID DUE, and all such unauthorized use is strictly prohibited. Secured Party is not now, nor has Secured Party ever been, an accommodation party, nor a surety, for the purported debtor, i.e. "RANDALL DAVID DUE, " nor for any derivative of, nor for any variation in the spelling of, said name, nor for any other juristic person, and is so-indemnified and held harmless by DEBTOR, i.e. "RANDALL DAVID DUE," in Hold-harmless and Indemnity Agreement No. RDD001-HHIA dated the twenty-sixth day of the fifth month in the common era nineteen hundred sixty-nine against any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, depositions, summonses, lawsuits, costs, fines, liens, levies, penalties, damages, interests, and express Whatsoever, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered by, imposed on, and incurred by DEBTOR for any and every reason, purpose, and cause whatsoever. Self-executing Contract in Event of Unauthorized use: By this Copyright Notice, both the Juristic Person and the agent of said Juristic Person, herein after jointly and severally "User," consent and agree that any use of RANDALL DAVID DUE other than authorized use as set forth above, constitutes User's indirect confession and confession of judgment of unauthorized use f said trade-name/trade-mark, contractually binds User, and signifies that User: (1) grants Secured Party a sec~'~ity interest in, and a distress warrant and lien against, User's property and interest in property in the sum certain amount of $100, per each trade-name/trade-mark used, per each occurrence of use, plus triple damages, plus costs for each such use, as well as for each and every use of any and all derivatives and variation in the spelling of RANDALL DAVID DUE ; (2)authenticates a Security Agreement wherein User is debtor and; Randall - David; Due is Secured Party and User pledges all of User's property and interest in property as collateral for securing User's contractual obligation; (3)authenticates a UCC Financing Statement wherein Page 1 of2

4 User is debtor and; Randall-David; Due is Secured Party; (4) consents and agrees that said Financing Statement is a continuing financing statement, authorizing Secured Party's filing of any continuation obligation pledged as collateral in the aforementioned Security Agreement, until User's contractual obligation theretofore incurred has been fully satisfied; (5) authorizes the filing of the aforementioned UCC Financing Statement and g'ecurity Agreement in the UCC filing office by Secured Party; (6) consents and-agrees that any and all such filings referenced in paragraph "(5)" above are not,,'ind may not be considered, bogus, and that User will not claim that any such filing is bogus; and (7) waives all defenses. User further consents and agrees with all of the following: Payment Terms: In accordance with fees for unauthorized use of RANDALL DAVID DUE as set forth above, User herby consents and agrees that User shall pay Secured Party all unauthorized-use fees within five (5) days of date Secured Party's invoice, hereinafter "Invoice," itemizing said fees is sent. Default Terms: In event of non-payment in full of all unauthorized-use fees by User within five (5) days of date Invoice is sent, User shall be deemed in default and all of User's collateral becomes property of Secured Party. Terms for Curing Default: Upon default as set forth above, User may cure User's default within twenty (20) days only by payment in full. Terms of Strict Foreclosure: User's non-payment in full of all unauth_orized-use fees itemized in Invoice within said twenty (20) day period for curing default as set forth above authorizes Secured Party's immediate non-judicial strict foreclosure on all of User's former property pledged as collateral for securing User's contractual obligation as set forth hereinabove. Ownership subject to common-law copyright and UCC Financing Statement and Security Agreement filed with Kansas Secretary of State, Memorial Hall, 1 st Floor,120 SW 10 th Avenue" Topeka, Kansas Record Owner; Randall-David; Due, Autograph Common Law Copyright ~~~ All rights Reserved 'f..., Page 2 of2

5 Security Agreement No. RDDOOl-SA Non-Negotiahle -- Private Between the Parties Parties Debtor: trade-name (*) (*RANDALL DAVID DUE, and any and all derivatives and variations in the spelling of said name) Debtor's Social Security Account Number: Secured Party: In care of 179 Green Street East Pelham GA near : Randall-David; Due This Security Agreement: This Security Agreement is mutually agreed upon and entered into on the twenty-sixth day of the fifth month in the common era nineteen hundred sixty-nine between the juristic person RANDALL DAVID DUE, and also known by and all derivatives and variations in the spelling of said name except; Randall - David; Due, "hereinafter jointly and severally" Debtor, * and the neutral, living, sentient man, i.e. natural, biological, and spiritual being, ; Randall - David; Due, hereinafter "Secured Party." For valuable consideration, Controlling Creditor or Entitlement Holder RANDALL DAVID DUE; (a) releases unto Secured Party all security interests in any or all Collateral, not limited 'by the items described herein below for the purpose of securing all interests in any form whatsoever; (b) transfers any or all collateral along with any or all controlling creditor or Security Entitlement or transfer or assignment or attachment or perfection rights, not limited by Security Entitlements, unto or into the possession of Secured Party; (c) agrees with having Debtor's name entered and registered in the records of the UCC filing office as a transmitting-utility Debtor, and (d) agrees that Secured Party possesses any or all collateral along with any or all controlling creditor or Security Entitlement or transfer or assignment or attachment or perfection rights stated herein this Security Agreement re any or all Collateral, as well as any or all rights in whatever form whatsoever. This Security Agreement secures: (a) The performance of obligations owed by Debtor in favor of Secured Party as set forth in the express written Agreement; value of said obligation identified specifically with property or collateral herein or inquiries may consult the secured party. (b) The repayment of (i) any amounts that Secured Party may advance, spend, and otherwise convey for the maintenance, preservation, upkeep, and the like of the Collateral, and (ii) any other expenditures that Secured Party may make under the provisions of this Security Agreement in particular and for the benefit of Debtor in general; (c) All amounts owed under all modifications, renewals, and extensions of any of the foregoing obligations; (d) All amounts owed now or in the future by Debtor for the benefit of Secured Party; (e) All indebtedness or liabilities owed by Debtor in favor Secured Party, both direct or indirect, absolute or contingent, due or as might become due, now existing or hereafter arising, or however evidenced; (f) Any other debts that may be owed by Debtor for the benefit of Secured Party upon occasion as stated herein. Debtor transfers all controlling credit or Security Entitlement or transfer or assignment or attachment or perfection rights or issuances or property or collateral or possessions or rights to ; Randall - David; Due. All herein stated controlling creditor or Security Entitlement or transfer or assignment or attachment or perfection rights or issuances or property or collateral or possessions or rights shall remain transferred to ; Randall- David; Due until this Security Agreement is terminated in writing and Signed by both the Debtor and the Secured Party" hereinstated. *NOTICE AND WARNINGI Any juristic person, as well as any agent of said juristic person, agrees that neither said juristic person, nor the agent of said juristic person shall display, nor use in any manner, the trade-name/trade-mark, common-law copyrightcescribed herein, i.e. RANDALL DAVID DUE, or any variation thereof, or and derivative of said name, without prior, express, written con~ent of Controlling Creditor or Entitlement Holder of Claimant or Secured Party; Randall - David; Due as signified by Secured Party's signature in red ink. Per both published Copyright Notice attached hereto of NOTICE AND WARNING herein and Juristic Person or any agent of said Juristic Person, hereinafter jointly or severally "User," consents and agrees in any use of RANDALL DAVID DUE other than authorized use as set forth herein of, following; Randall David; Due's NOTICE BY WRITTEN COMMUNICATION/SECURITY AGREEMENT constitutes User's indirect agreement or consent or confession of judgment of authorized use of said trade-name/trade-mark, contractually binds User, and signifies that User (1) grants Secured Party a security interest in, and a distress warrant or lien against User's property and interest in property in the sum certain amount of $100, per each trade-name/trade-mark used, per each occurrence of use, plus triple damages, plus costs for each such use, as well as for each or every use of any or all derivatives or variations in the spelling of RANDALL DAVID DUE ; (2)authenticates a Security Agreement wherein User is debtor, and ; Randall -David; Due is Secured party, and User pledges all of User's property or interest in property as collateral for securing User's contractual obligation; (3)authenticates a UCC Financing Statement wherein User is debtor, and; Randall - David; Due is Secured Party; (4) consents and agrees that said Financing Statement is a continuing financing statement authorizing Secured Party's filing of any continuation statement necessary for maintaining Secured Party's attached or perfected security interest in au of User's property or rights in property pledged as collateral in the aforementioned Security Agreement until User's contractual obligation is fully satisfied; (5) authorizes the fling of the aforementioned UCC Financing Statement or Security Agreement in the UCC filing office by Secured Party; (6) consents and agrees that any or all such filings referenced in paragraph "(5)" above are not or may not be considered, bogus or that User waives all claim(s) in any such filing; (7) waives all defenses. Further, User also consents and agrees in all Payment Terms, Default Terms, Terms of Curing Default, and Terms of Strict Foreclosure as set forth with particularity in NOTICE BY WRITTEN COMMUNICATION/SECURITY AGREEMENT or in attached herein published Copyright Notice. Words Defined; Glossary of Terms. As used in this Security Agreement, the following words and terms are as defined in this section, non obstante: All. In this Security Agreement the word "air means everything one has: the whole number, totality, including both all and sundry; everyone; without restriction. Artificial Person. I this Security Agreement the term "artificial person" means a juristic person, such as the Debtor, RANDALL DAVID DUE, also known by any and all derivatives and variations in the spelling of said name except"; Randall - David; Due." See also: juristic person. Authorized Representative. In this Security Agreement the term "Authorized Representative" means Secured Party, ; Randall - David; Due, authorized by Debtor for Signing debtor's signature, without liability and without recourse. Claim. In this Security Agreement the word "claim" means: 1. Right of payment, when such right is rendered into the form of a judgment, or for damages, as well as under rulings regarding an equitable remedy for breach of performance, when such breach results in a right of payment, or vilen an equitable remedy is rendered into the form of a judgment regarding debts or obligations. I 2. "Demanding as one's own and challenge of property, and ownership of a thing, that is wrongfully withheld." [See Hill v. Henry,66 N.J. Eq.150, 57 Atl Also, a claim is to state. See Douglas v. Beasley, 40 Ala 147; Prigg v. Pennsylvania, 16 pet. 615, 10 L.Ed. 1060] Page 1 of2

6 Collateral 1.The trade-name(s), mark(s), and trade-mark(s) along with any or all controlling creditor or Security Entitlement or transfer or assignment. rights or all related documents, instruments, or endorsements, front and back re: "RANDALL DAVID DUE," and any and all other assemblages of letters and derivatives and variations in the spelling of said name( s) used with the intent of referencing the Debtor except ; Randall - David; Due. One Hundred Thousand Dollars ($100,000).' each, per occurrence of unauthorized use, plus triple damages, plus '7 cost.[see] "NOTICE AND WARNING" above in Security Agreement..' 2. * along with any or all controlling creditor or Security Entitlement or transfer or assignment rights or all related documents, instruments, or endorsements, front and back re ; Randall - David; Due, and any others "CERTIFICATE OF BIRTH," "STANDARD CERTIFICATE OF BIRTH," "CERTIFICATE OF LIVE BIRTH," "STANDARD CERTIFICATE OF LIVE BIRTH," "NOTIFICATION OF BIRTH REGISTRATION," "NOTIFICATION OF REGISTRATION OF BIRTH," "CERTIFICATE OF REGISTRATION OF BIRTH," "CERTIFICATE OF BIRTH REGISTRATION" and any other otherwise-entitled birth document - issued at any of the following levels: City, County, State, Federal, other - and whether allegedly involving, identifying, derived from, and otherwise intended as referencing the name consisting of any assemblage.of letters that is regarded as binding Debtor, RANDALL DAVID DUE, for any reason. 3.Debtor's Social Security Account Number , along with any or all controlling creditor or Security Entitlement of transfer, or assignment rights, or all related documents, instruments, and endorsements, front and back of all related documents, instruments, >:~ and endorsements, front and back except the paper card - but not.' / the ink and printing on either side of said paper card - issued by Social Security Administration and Bearing Social Security Account Number on the above thereof. Value in Security Interest One Hundred Thousand ($100,000) per each occurrence Ten Million Dollars ($10,000,000) Fifty Million Dollars ($50,000,000) Page 2 of2

7 HOLD HARMLESS AND INDEMNITY AGREEMENT No. RDD001 HHIA Non-Negotiable - Private Between the Parties Parties Debtor: trade-name (*) (*RANDALL DAVID DUE, and any and all derivatives and variations in the spelling of said name.) Debtor's Social Security Account Number: Creditor: In care of 179 Green Street East Pelham GA ; Randall - David; Due This Hold-harmless and Indemnity Agreement is mutually agreed upon and entered into in this twenty-sixth day of the fifth month in the common era nineteen hundred sixty-nine between the Straw man/juristic person RANDALL DAVID DUE and any and all derivatives and variations in the spelling of said name except "; Randall - David; Due," hereinafter jointly and severally "Debtor," and the living, silent man, i.e. natural, biological, and spiritual being, ; Randall- David; Due, hereinafter "Creditor." For valuable consideration Debtor, without benefit of discussion and.~~ithout division, does expressly hereby agree, covenant, and undertake the indemnification of, and does hold harmless, Creditor 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, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered by, incurred by, and imposed on Debtor for any reason, purpose, and cause whatsoever. Debtor does hereby and herewith expressly covenant and agree that Creditor shall not under any circumstance, nor in any manner whatsoever, be considered an accommodation party, nor a surety, for Debtor. Words Defined; Glossary of Terms. As used in this Hold-harmless and Indemnity Agreement, the following words and terms express the meanings set forth as follows, non obstante: Conduit. In this Hold-harmless and Indemnity Agreement the term "conduit" signifies a means of transmitting and distributing energy and the effects/produce of labor, such as goods and services, via the name RANDALL DAVID DUE, and any and all variations and derivatives of the spelling of said Debtor's name except"; Randall - David; Due." Debtor. In this Hold-harmless and Indemnity Agreement the term "Debtor" means RANDAll DAVID DUE. Derivative. In this Hold-harmless and Indemnity Agreement the word "derivative" means coming from another, taken from something preceding; secondary; that which has not the origin in itself, but obtains existence from something foregoing and of a more primal and fundamental nature; anything derived from another. Ens Legis. In this Hold-harmless and Indemnity Agreement the term liens legis" means a creature of the law; an artificial being, as contrasted with a natural person, such as t Corporation, considered as deriving its existence entirely from the law. ' Hold-harmless and Indemnity Agreement. As used herein the term "Hold-harmless and Indemnity Agreement" means this Hold-harmless and Indemnity Agreement NO.RDD001-HHIA, as this Hold-harmless and Indemnity Agreement may be amended and modified in accordance with the agreement of the parties signing hereunder, together with all attachments, exhibits, documents, endorsements, and schedules re this Hold-harmless and Indemnity Agreement attached hereto. Juristic Person. In this Hold-harmless and Indemnity Agreement the term "juristic person" means an abstract, legal entity ens legis, such as a corporation, created by construct of law and considered as possessing certain legal rights and duties within a given jurisdiction; an imaginary entity, and such as Debtor, i.e. RANDAll DAVID DUE, and any and all derivatives and variations in the spelling of said name, which on the basis of legal reasoning legally treated as a real being for the purpose of conducting commercial activity for the benefit of a biological, living being, such as Creditor. "From the earliest times the law has enforced rights and exacted liabilities by utilizing a corporate concept-by recognizing, that is, juristic persons other than human beings. The theories by which this mode of legal operation has developed, has been justified, qualified, and defined are the subject matter of a very sizable library. The historic roots of a particular society, economic pressures, philosophic notions, all have had their Page 1 of2

8 share in the law's response to the ways of men in carrying on their affairs through what is now the familiar device of the corporation Attribution of legal rights and duties to a juristic person other than man is necessarily a metaphorical process. And none the worse for it. No doubt, "Metaphors in law are to be narrowly watched." Cardozo. J.. in Berkey v. Third Avenue R. Co N.Y "But all instruments of thought should be narrowly watched lest they be abused and fall in their service to reason." See U.S. v. SCOPHONY CORP. OF AMERICA, 333 U.S. 795; 68 S.Ct. 855; 1948 U.S." Living, flesh-and-blood his. In this Hold-harmless and Indemnity Agreement the term "living, flesh-andblood his" means the Creditor, ; Randall-David; Due, a biological and spiritual being as distinguished from a artificial legal construct, ens legis, i.e. a juristic person, created by construct of law. "There, every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellowmen without his consent." CRUDEN v. NEALE. 2 N.C. 338 (1796)2 S.E. 70. Non-obstante. In this Hold-harmless and Indemnity Agreement the term "non obstante" means: Words anciently used in public and private instruments, intended to precede, in advance, any interpretation contrary to certain declared objects or purposes. Sentient, living being. In this Hold-harmless and Indemnity Agreement the term "sentient, living being" means the Creditor, i.e. ; Randall- David; Due; a living being, flesh-and-blood man, as distinguished from an abstract legal construct, such as an artificial entity, juristic person, corporation, partnership, association, and the like. Straw Man. In this Hold-harmless and Indemnity Agreement the term "Straw Man" means the Debtor, i.e. RANDALL DAVID DUE, and any and all variations and derivatives of the spelling of said name except " ; Randall -David; Due"; a ''front," a third party who is put up in nam,? only for participation in a transaction. RANDALL DAVID DUE. In this Hold-harmless and Indemnity Agreement the term "RANDALL DAVID DUE" means RANDALL DAVID DUE, and any and all derivatives and variations in the spelling of said name except"; Randall - David; Due," Copyright All Rights Reserved. Debtor: RANDAll DAVID DUE RANDALL DAVID DUE Debtor's Signature Entitlement Holder or Secured Party accepts Debtor's signature in accord with UCC 1-201(39),3-401 and accepts for value this Security Agreement and all Debtor's hereinabove-describedlitemized Collateral. Autograph Common law Copyright 1969 by Randall David Due. Randall David Due Page 2 of2