5 affidavit of default for void cafv final

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  • 7/29/2019 5 Affidavit of Default for Void Cafv Final

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    SERVED BY: UNITED STATES POSTAL SERVICE via First Class Postage Prepaid Certified

    Mail Account #____________________________, Return receipt Requested.

    FROM:

    ..

    ....

    ..

    RESPONDENTS:..

    ..

    ..

    ..

    DATE:

    AFFIDAVIT IN SUPPORT OF NOTICE OF DEFAULT AND

    FAILURE TO CONTEST ACCEPTANCE(and in the nature of a Declaration)

    NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT

    "Indeed, no more than (affidavits) is necessary to make the prima facie case."

    United States v. Kis, 658 F. 2d 526, 536 (C.A. 7 (WIS.) 1981); Cert. Denied, 50 U.S.L.W.

    2169; S. Ct. March 22, 1982

    I, ______________________________hereinafter "Affiant," a living, breathing, flesh-and-

    blood, sentient "real" man, being first duly bound in conscience by deeply held spiritual

    convictions to perform this Act faithfully and truthfully; corpore et animo, sealed by and underauthority of Affiant's own hand and Prerogative Instance In Law, having first hand knowledge of

    the facts contained herein, do DECLARE and ATTEST the following facts are true, correct,

    complete, and not meant to mislead to the best of Affiant's knowledge and conviction.

    1. THAT, Affiant is competent and of age, standing, and capacity to state the matters contained

    herein, and has Declared and Attested that to the best of Affiant's knowledge and conviction, thestatements made in this affidavit are true, correct, complete, and not meant to mislead;

    2. THAT, Affiant is the Secured Party, superior claimant, holder-in-due-course, and Principal

    Creditor having a registered priority lien hold interest in and to ALL property held in the name ofthe Debtor; i.e.,_____________, evidenced by UCC-1 Financing Statement No.____________,

    filed with the Secretary of State of the State of__________;

    3. THAT, Affiant is the copyright owner; reserving ALL rights therein, to Debtor's trade-name,

    trade mark; i.e.,____________, and any and all derivatives and variations in the spelling of said

    1 of 4 AFFIDAVIT OF DEFAULT ON VOID CAFV Item # _________________

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    name except ____________ Common-Law copyrighted______ by__________ and filed

    within the County Auditor's office,_________ county,________

    State, Record No. __________, the security interested therein having been perfected andregistered through reference and thereby incorporation within Financing Statement identified

    supra @ No. 2;

    4. THAT, Affiant is the Attorney-In-Fact/Authorized Representative of Debtor identified supra@ No. 2 and 3, as evidenced upon and within the document/instrument of appointment recorded

    within the County ____________office, ________ county, _______ state, Record No.___________, the security interested therein having been perfected and registered through

    reference and thereby incorporation with Financing Statement identified supra @ No. 2;

    5. THAT, Respondent ______________________(name), is herein addressed in his/her private

    capacity and in his/her public capacity as________________(title) of _______________(name

    of juridical construct), participating in a commercial enterprise with their co-business partners

    (officers/agents/employees), to include but NOT limited to _____________________(name ofjuridical construct), a corporate entity and hereinafter collectively referred to as "Respondent";

    6. THAT, the governing law of this private contract is the agreement of the parties supported bythe Law Merchant and applicable maxims of Law established by silence, acquiescence, and tacit

    agreement;

    7. THAT, Affiant at no time has willingly, knowingly, intentionally, or voluntarily agreed to

    subordinate Affiant's position as Creditor, through signature, words, actions, or inactions;

    8. THAT, Affiant at no time has requested NOR accepted extraordinary benefits NOR privilegesfrom Respondent, the United States/UNITED STATES, NOR any juridical sub-construct

    thereof;

    9. THAT, Affiant is NOT a party to NOR signatory to ANY valid contract NOR compact with

    Respondent that requires Affiant to perform in ANY manner NOR to tender payment of ANY

    amount of money to Respondent, NOR has Respondent disclosed under good faith and withclean hands ANY contract, agreement, or otherwise evidencing that Affiant is required to

    perform or tender payment there under;

    10. THAT, on or about_____________, Affiant caused to be sent a CONDITIONAL

    ACCEPTANCE FOR VAL UE FOR PROOF OF CLAIM (document of Discovery), Item

    No.____________, via United States Postal Service via the United States Post Office Certified

    Mail Account No._____________, to Respondent, requesting "Proof of

    Claim" as to the status of the Cause/Case # ____________________ being VIOD AB INITIOand concerning the nature and source of the law, venue, jurisdiction, authority and the

    relationship thereto; the nature and cause of arrest, liability, criminal proceeding processes,lawfulness thereof and procedural legality therein, validity and enforceability of judgment(s),

    order(s), warrant(s), unlawful imprisonment, possible contract violation, fraud, assumption of

    debt and other related matters as applying to a Void Judgment.

    11. THAT, Respondent was given twenty (20) days, to respond with "Proof of Claim," point-for-

    point; and an additional 10 days if requested by the Respondent, however, Respondent elected to

    2 of 4 AFFIDAVIT OF DEFAULT ON VOID CAFV Item # _________________

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    remain silent or otherwise refused to provide said Proof of Claims and thereby validated the

    same, and therefore, has failed to state a claim upon which relief can be granted, failed to contest

    acceptance of offered/tendered presentment, and have agreed, stipulated and confessed to thefacts contained within the Conditional Acceptance For Value identified supra at No. 10 above; as

    said facts operate in favor of Affiant;

    12. THAT, Respondent was given an additional three (3) days; seventy-two (72) hours, byAffiant causing to be sent a NOTICE OF FAULT AND OPPORTUNITY TO CURE AND

    CONTEST ACCEPTANCE, via Certified Mail Account No. _________________; however,Respondent once again elected to remain silent or otherwise refused to provide requested Proof

    of Claims, and thereby; and therein, justify and validate all matters relating to and bearing upon,

    ANY and ALL matters contained within the CONDITIONAL ACCEPTANCE FOR VALUEFOR PROOF OF CLAIM, Item No. ________________, and therefore, have stipulated by

    agreement based upon silence, general acquiescence, and therein tacit agreement that; inter alia,

    that Cause/case # ________________ was VOID (ab initio) FROM THE BEGINNING of the

    case/action commenced by the State of ______________________ by and through theRespondent(s).

    13. THAT, Respondent was requested to send a duplicate Response to a Third Party or aNotary and failed to do so as indicated within the Conditional Acceptance For Value identified

    supra at No. 10 above, and thereby an Affidavit or Certification of non-response was

    established as no response was received by said Third Party or Notary, as the case may be, asevidenced by either the Affidavit or Certificate of Non-Response enclosed herewith and

    incorporated herein by reference;

    14. THAT, Respondent is in agreement with the Affiant and such agreement becomes theBARGAIN OF THE PARTIES.

    FURTHER Affiant sayeth naught.

    Teste meipso, One places One's hand and seal hereto this ______________Day ofthe______________ Month in the "Acceptable Year" of Our Lord, Yehowshuwa, Two Thousand

    Seven.

    Without Prejudice

    /L.S./____________________________________________________________

    , [Original: Red-Ink Signature]

    Secured Party Creditor, Dept. of State, Filing No._________

    Jura Majestatis, Jura Regalia, Jura Summi Imperii, Jure Divino Jure Ecclesiae, Jure Gentium,

    Jure Representationis, Jure SoliJuris et de Jure, Jes In Re

    Attorney-In-Fact, Authorized Representative for:

    Debtor:______________________________cAmbassador For The Supreme Heavenly Father YHWH

    The Kingdom of YHWH, The Commonwealth of Heaven

    The Body and Bride of Christ

    3 of 4 AFFIDAVIT OF DEFAULT ON VOID CAFV Item # _________________

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    In and Through:

    International Sovereigns Association

    WITNESSES

    KNOW ALL MEN BY THESE PRESENTS that We, the Undersigned, in accordance with

    and pursuant to the Maxim of Spiritual Law as Written and Recorded by The Supreme HeavenlyFather and Law-Giver YHWH - Whose presence We undertake this Act; See: Matthew 18:20 cf.

    John 10:30 (ALL Scripture cites herein given shall be given in the common and accepted

    vernacular and format Others convenience) - at Deuteronomy 19:15-18; Matthew 18:16-20; and,II Corinthians 13:1, on this ________ Day of the ________ Month in "The Acceptable Year" of

    Our Lord, Yehowshuwa, Two Thousand and Seven, ________Your Name________, the above

    named Affiant (One), in Our Presence and the presence of each of Us, signed and sealed theforegoing Affidavit in Support of Notice of Default and Failure to Contest Acceptance, Item No.

    _________________, acknowledging to the Undersigned such to be His free and voluntary Act

    and Deed, and We; The Undersigned thereupon at His request, in His presence and in thepresence of each other, hereunto subscribed Our names and geographical locations as AttestingWitnesses.

    -- FIRST WITNESS Without Prejudice

    /L.S./__________________________________________, Secured Party/Creditor

    non-assumpsit/TDC: In Care of: (address here..)

    -- SECOND WITNESS

    Without Prejudice

    /L.S./___________________________________________

    , Secured Party Creditor

    non-assumpsit/TDC: In care of: (address here....)

    -- THIRD WITNESS Without Prejudice

    /L.S./____________________________________________

    , Secured Party Creditornon-assumpsit/TDC: In care of: (address here....)

    4 of 4 AFFIDAVIT OF DEFAULT ON VOID CAFV Item # _________________