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2-3-Notice of Default in Dishonor

2-3-Notice of Default in Dishonor

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Published by Jason Henry

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Published by: Jason Henry on Dec 29, 2011
Copyright:Attribution Non-commercial

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01/11/2013

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NOTICE OF DEFAULT IN DISHONOR
Certified Mail #:
7000 0000 0000 0000 2222
 Notice date:
July 18, 2009
 Claimant(s):
John Henry Doe
Service by and respond to:
c/o Sally Smith, Notary Public123 Main StreetFountain Valley, California 92708
 Respondent(s):
ABC CorporationAttn: Joe Brown555 East Oak StreetEl Cajon, CA 92020
 Reference:
JOHN H. DOE;
 
Notice of Default and Election to Sell under Deed of Trust, Trustee Sale No. 1234567-01, relatingto the Deed of Trust, Instrument No. 06-1111122
 This instrument is a
Notice of Default in Dishonor
upon the instrument(s) tendered by the Claimant(s) on or about June 3, 2009 with theU.S.P.S. Certified Mail Article No. 7000 2222 1000 0000 0002, Return Receipt, Restricted Delivery, and received by the Respondent(s) onor about June 5, 2009 at the address referenced above.
PRESENTMENT
: On
June 3, 2009
, Sally Smith, Notary Public, at the request of the Claimant(s), presented the following instrument(s),hereinafter “Presentment”, for acceptance:1.
 
CONSTRUCTIVE NOTICE OF CONDITIONAL ACCEPTANCE issued by the Claimant(s) and dated June 3, 2009; and2.
 
COMMERICAL AFFIDAVIT issued by the Claimant(s) and dated June 3, 2009; and3.
 
Letter from ABC CORP. dated April 29, 2009; and4.
 
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST dated April 2, 2009; and5.
 
Reference copy of a NOTARY’S CERTIFICATE OF SERVICE dated June 3, 2009.
DISHONOR
: By the terms and conditions of the agreement resulting by the offer and acceptance of the Presentment, the Respondent(s) areunder the duty and obligation to timely and in good faith honor the offer by a presentment within thirty (30) days with a response on a point-by-point basis, via a sworn affidavit, under the Respondent(s) full commercial liability, signing under the penalty of perjury that the factscontained therein are true, correct, complete and not misleading. Mere declarations are an insufficient response. A dishonor of the offerdischarges the alleged liability that the Respondent(s) have claimed.Allowing thirty (30) days for the acceptance, and an additional ten (10) days on the opportunity to cure,
Notice of Fault in Dishonor,
and thetime allowed having passed for acceptance, and the Notary showing no record of acceptance, Claimant(s) now deems the instrument(s) tohave been dishonored on
July 3, 2009,
and the
Notice of Fault in Dishonor
to have been dishonored on
July 18, 2009
, thereby comprising aconfession of judgment on the merits.
DEFAULT
: For the Respondent(s) failure to honor the offers places the Respondent(s) at
fault
. For the Respondent(s) failure, refusal, orneglect in the presentment of a verified response to the Presentment and to the
Notice of Fault in Dishonor
,
 
Respondent(s) therebyacquiesce and tacitly agree with all terms, conditions and stipulations set forth within the
Notice of Fault in Dishonor
.Of this presentment take due
Notice
and heed, and govern yourself accordingly.IN WITNESS WHEREOF I hereunto set my hand and seal on this 20th day of July, 2009 and hereby certify all the statements made aboveare true, correct and complete.Date: __________________ Claimant: _________________________________ (Seal)John Henry Doe
July 18, 2009
State
 
of 
 
California
 
)
 
)
 
ss:
 
County
 
of 
 
Orange
 
)
 
Subscribed
 
and
 
sworn
 
to
 
(or
 
affirmed)
 
before
 
me
 
on
 
this
 
 ________
 
day
 
of 
 
 _____________________,
 
 ________,
 
by
 
 _____________________________,
 
proved
 
to
 
me
 
on
 
the
 
basis
 
of 
 
satisfactory
 
evidence
 
to
 
be
 
the
 
person
 
who
 
appeared
 
before
 
me.
 
 ___________________________________
 
(seal)
 
Signature
18thJuly2009John Henry Doe
JURAT

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