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Affidavit of Obligation Wide Bay Containers
Affidavit of Obligation Wide Bay Containers
CONNOR, National
Commercial
Lien Claimant
Filing
A SECURITY
v.
(15 USC)
BR-
Name: Kevin
20070728-
Of WIDE BAY ERLD
CONTAINER SALES THISANDIS A
HIRE U.S. S.E.C.
TRACER
Lien Debtor(s). FLAG
NOT A
POINT OF
Certified Mail LAW.1
No. Read Appendix
/FAX no: A
CONSENSUA
L
COMMERCIA
L LIEN
(Note: This is
NOT a Lis
Pendens Lien)
AFFIDAVIT
OF
OBLIGATION
CLAIM OF LIEN
THIS CLAIM OF LIEN IS RECORDED against Lien Debtor(s) for default and
breach of contract under commercial law, as an involuntary lien based on
consensual actions by knowledgeable breach of contract (explained herein).
The Lien Claimant’s Claim of Lien is expressed as this Affidavit. A mere unsworn
declaration is not sufficient grounds for a Claim of Lien because it does not attach
commercial liability to the person making the claim of obligation upon a debtor.
The person making the claim (the Lien Claimant) must assume the commercial
liability for making a claim against the debtor (the Lien Debtor) by issuing a sworn
statement known as an Affidavit of Obligation which is given to the best of the
claimant’s knowledge and belief to be the truth, the whole truth, and nothing but
the truth, for which the claimant stands personally commercially responsible.
A judge cannot interfere with, tamper with, or in any way modify testimony
without rendering incredible the truth-seeking process in his sacred profession and
destroying the fabric of his own occupation, thereby committing professional
suicide. Any judge who tampers with testimony, deposition, or affidavit, is a threat
to the commercial peace and dignity of the State and of the United States, is in
violation of the Supreme Law of the Land, is acting in the nature of a foreign
enemy, and is justifiably subject to the penalties of treason
In the absence of a response, when the LIEN DEBTOR was given an opportunity
to respond, the LIEN CLAIMANT hereby inserts and records this CLAIM OF
LIEN against LIEN DEBTOR, jointly and severally in the total amount listed
below. Said CLAIM OF LIEN is in the amount of damages enumerated herein
which total ledger amount is secured by the real and personal community property
of LIEN DEBTORS as listed below.
This CLAIM OF LIEN is filed pursuant to the Fundamental Commercial Law that
has existed nearly 2,000 years:
Stating a Claim. This Contract is your administrative opportunity to exhibit any security
interest in the Lien Claimants which is superior to the Claim, or a material defect in the
Claim. All such representations must be verified to have merit. The use of an unverified
claim can have serious legal consequences. Please consult an attorney.
COMMERCIAL STANDING
CO-CLAIMANT FEES. The commercial liability for any party seeking the privilege of
being joined as a co-Claimant to this Affidavit of Obligation/Claim of Lien is hereby
established at Fifty Million Dollars ($50,000,000.00) per each action which attempts to
impair the Claim or stultify the Lien Claimant.
JOINDER FEES. The commercial liability per each offer to accept, share, partake in, and
enjoy the privileges, benefits, responsibilities and liabilities of the Contract thereby joining
as a principal hereto, whether by event of impairment or stultification of the Contract or the
principals is $10,000,000.00 per event, upon Notice of Joinder to the Contract. Any party
seeking a joinder to the Claim is entitled to receive Notice of Trespass on Claim or Notice
of Impairment of Claim or Notice of Joinder to the Claim and a ten (10) day opportunity to
cure the impairment/stultification. In the event you seek such a joinder to the Claim, you
agree to pay the joinder fee within ten (10) days of presentation of a True Bill. If you fail to
timely pay the True Bill, you agree that a right of lien has been created and perfected
against you.
PRESERVATION OF RIGHTS. All rights, remedies and defenses are hereby expressly
preserved.
Trespass. All parties to the Contract agree that a hostile presentment by the defaulting party
to a secured party or assignee, either written or oral, is a criminal act and a trespass upon the
Contract requiring the imposition of one or more applicable Joinder Fees and the party or
parties are to be added to a list of Successor Sureties which may appear hereunder.
Perfection of Lien. If you fail to correct the default within three (3) days, you agree that
Claimant holds a right of lien and levy against you. Pursuant to that right of lien and levy,
you agree to be named as Debtor on one or more financing statements to be filed against
you, and that Claimant can initiate and pursue all lawful measures and actions,
administrative and judicial, to protect and collect his/her collateral.
Conversion of Liability. If you fail to correct the default within three (3) days, you agree to
accept total liability for all unresolved obligations in this matter as Holder in Due Course
and/or Debtor in Possession and to satisfy all such liabilities commercially or with personal
corporeal labor, service, of equivalent value until fully paid. In other words, if you continue
to hold equity without providing equal value or fail to post the payment, perform the setoff,
cease all distress and provide timely refund of Claimant’s property, all liabilities will be
converted to yours.
Self-Executing Power of Attorney. To facilitate your strict compliance with all of the terms
of the Contract, if you fail to correct the default within three (3) days of any notice of
default, you give, by remaining silent, unlimited power of attorney to Claimant to sign and
execute for you regarding enforcement of your obligations under this Contract. In that
event, you instruct and authorize the Claimant to execute Lien Debtor’s signature(s) in
representative capacity on a certain Self-executing Power of Attorney document which is
attached to and incorporated in this Contract in its entirety by reference.
RESPONDENTS’ RESPONSIBILITY TO RESPOND
Upon receipt of this Affidavit of Obligation by Certified Mail, Lien Debtor(s), Lien
Debtor(s) have ten (10) days from the date of receipt, plus three days grace for mailing, in
which to respond to this Affidavit of Obligation. Your response may be to 1) Correct the
injustice which has been done by crediting my account with the payment you have received
and reconveying the deed back to me; or 2) rebut or correct any errors contained within this
Affidavit of Obligation, particularly the items numerated in all the paragraphs under Section
II, by Affidavit sworn true, correct and complete, based on Affiant's own Commercial
Liability.
TERMS OF RESPONSE. Mere denials will not suffice as an answer, and will be
considered a non-response. Any reply to this Affidavit of Obligation, other than a verified
point-for-point response sworn under full commercial liability, with supporting evidence
attached, is deemed by agreement of the parties to be a willful non-response thus
constituting your agreement to the claims herein and your acceptance of all liabilities in this
matter. Your non-response will place you and your office in default, and the presumption
will be taken upon the public records that you and your office freely agree with all the
points and authorities contained in this Affidavit of Obligation, as the terms of our contract.
See in para materia Federal Rules of Civil Procedure Rules 8(d) and 12(g). A non-response
is an admission to claims made herein.
STATUTE STAPLE. Upon certification of your Default, you agree that this Contract is
self-adjudicating upon your Default and agreement. All liabilities are subject to immediate
execution against the Lien Debtors.
ESTOPPEL BY ACQUIESCENCE. Your Default will comprise your agreement that all
issues pertaining to this Contact are deemed settled and closed res judicata, stare decisis and
collateral estoppel, and as a result, judgment by estoppel.
WAIVER OF RIGHTS. Your Default will comprise your consent, agreement and
confession to waive any and all rights to raise a controversy, appeal, object to, or controvert
administratively or judicially any of the terms and provisions in this Contract or the
estoppel. Upon Default, you and your agents may not argue, controvert, or protest the
finality of the administrative findings to which you have agreed unless such Waiver of
Rights which follows is declined in writing. Any such argument or controversy will
comprise your confession to Perjury, Enticement to Slavery and various crimes against
humanity.
Since I, the living, breathing sentient being, have been injured by the acts and actions
of the above-named Lien Debtors, upon certified default of this contract, Lien
Debtors agree they are jointly and severally responsible to pay damages to Lien
Claimants, as itemized in the attached invoice. Respondent(s) have ten days from the
time of this notice to deliver funds to Lien Claimants. In the event the Lien Debtors
fail to deliver the funds, plus daily fines to Lien Claimants as agreed in the contract,
Lien Debtors hereby agree to be subject to involuntary bankruptcy proceedings on
each party in their private and public capacity.
I. PARTIES
II. ALLEGATIONS
2.1.1 I engaged the services of Kevin from Wide bay Container Sales and Hire
(WBCS&H) in 2008,
2.1.2 I paid Kevins business with his Business account upon receipt of an
invoice form WBCS&H.
2.1.3 Never did I pay any payments without first receiving an invoice to pay,
this is a requirement under the laws of the government,
2.1.4 My intent was to utilize the container until I built my shed. This was
completed in 2010 around early November.
2.1.8 WBCS&H did not attempt to come and see me about the container.
2.1.10The last invoice was received in JULY 2010 - pro rata in advance and in
arrears.
2.1.12Cn the 26th of MAY 2013, Kevin from WBCS&H entered my closed
gate, with trespass stop notice sign, he continued to the west side of my home, he
later exited the premises 8 minutes later 1340 pm, the container was on the rear of the
truck facing forward. CCTV footage shows this event clearly.
2.1.14 Kevin utilised the services of a third party to distract our dogs orm the
house area whilst he was on the property!
2.1.15 Kevin left a business card in the gate, in the trespass no entry sign.
2.1.16Around 1600 hrs that day friends that attend to our animals whilst we are
away, notified us of the missing container. We immediately called Police link, and
got a QP number, then proceeded to come home to attempt to investigate the matter.
The matter was reported to Police around 1630 hrs that day.
2.1.6 Kevin from WBCS&H removed the container from his truck and placed it
in his yard, attempts were made to recover our gear form the container but police
interveened and removed us from their property.
2.1.17Kevin assulted my wife, whilst she was at the door of the container just
inside, when he slamed the door into my wife Julie.
2.1.18We attended Hervey bay police station later that day, and a dicussion was
had with the First in charge, it was agreed collection of our gear was to be 8am the
next day the 28th July at a location not disclosed.
2.1.19On attendance to the Hervey bay Police station at 8am the 28th, we were
directed to head to the read of Kevins property, where officers were. We retrieved
our property.
2.1.20Insurance assessors attended our home, and assesed the items on the 29th.
2.1.22On the 18th of June, a notice was sent to Kevin @ WBCS&H for storage
fees for the container on our property, totalling $ 18750.
2.1.23 On the 17th of July, a reminder notice was sent to Kevin @ WBCS&H
for storage fees for the container on our property, which included the original email
body, and attached account. A notice to remove right of entry was also attached.
2.1.25At no time did we have any intention to keep the container, we had stored
items of value in it, as we had an attempted break in on our shed, where the lock was
damaged, and attempt to steal a horse form our yard the same night, police were
notified and came out early that morning. No intention was made to sell the
container, nor was there any attempt to keep it. Upon receiving notice from
WBCS&H, we would have wilfully allowed them to take the container, having
emptied it.
2.1.26 WBCS&H willfully damaged our gear, namely motorbike, motor bike
parts, horse saddles, horse show gear, gernie, fishing rods and reels, solar panels, and
various other items to the value of $ 29000.00 new for old replacement value.
2.1.27 Cost to recover, including time, and loss of income due to dealing with
this event and recovery $ 750 000.00 (10 yrs wages)
SPECIFIC PERFORMANCE
2.2.1 Lien Debtors have a moral and ethical responsibility to the community in
which they operate their business.
2.2.2 Lien Debtors have a moral and ethical responsibility to be good people.
2.2.4 The law requires the Lien Debtors to refrain from damaging and or
stealing property.
2.2.5 The law requires the Lien Debtors to refrain from doing harm to others.
2.2.8 Lien Debtors loose title to any goods / or property after 90 days, as it is
deemed abandonded.
2.2.9 Lien Debtors agree that all rights to goods / or property after 90 days, are
waivered if not collected.
2.2.10 Lien Debtors have a legal obligation to supply invoices prior to
demanding payment.
2.2.11 Lien Debtors cannot demand payment, including payment for GST
without first providing an invoice.
2.2.12 Lien Debtors cannot enter private property without consent from the
property owner.
2.3.1 Lien Debtors Breeched their moral and ethical responsibility to the
community in which they operate their business.
2.3.2 Lien Debtors Breeched the Trespass act, unlawfully entering a property
without consent of the property owner, entering a closed gate.
2.3.3 Lien Debtors Breeched the Criminal code, unlawfully damaging property
and wilfully damaging property (loading container, unloading and reloading,
unloading and reloading and unloading and reloading, including driving from my
property to theirs via the longest means as witnessed by a neighbour).
2.2.4 The law Breeched the criminal code by doing harm to others.
2.2.7 Failed to advice / notify the other party within 90 days of failure to receive
payment.
2.4.1 The Lien Debtors have violated the law by the following acts or
omissions:
2.4.2 Lien Debtors have repeatedly subject me, my husband, my cats, and the
other tenants of this apartment building and surrounding area to offensive noise in the
middle of the night and early morning hours, and on days when they are not present.
2.4.3 Lien Debtors have left the property unattended without an emergency
number to call. Not even the landlord has their telephone number.
2.4.4 Lien Debtors are aware that their alarm goes off when it rains, and for
various other reasons, because it is defective.
2.4.5
2.4.6
2.4.7
2.4.8
III. LEDGERING
3.1 Lien Debtors' alarm system has gone off repeatedly in the middle of the
night and early morning hours, and on days when no one is present to shut it off. It is
impossible to count the number of times my peace has been disturbed by their faulty
alarm system and the inability to contact someone to come and turn it off. Therefore,
since I can recall at least four times I had to call the police to come out and turn it off,
and I remember at least one incident where I had to leave during the day just to get
away from the alarm noise, I am explicitly ledgering for five (5) times when my
peace was exceptionally disturbed by Lien Debtors' public nuisance and violation of
the noise laws, knowing full well there were more incidents than these. Explicit
point-for-point ledgering consists of the following: Each violation represents
damages in the amount of $20,000.00 per offense, for a total of $100,000.00, to be
assessed jointly and severally. ($20,000.00 x 5 trespasses = $100,000.00.) Every
additional violation in the future will be billed at $20,000.00 per violation.
This Lien is not applied for light or transient reasons, not engaged in for
purposes of harassment, and not engaged in for purposes of impeding or slowing
court process.
The Lien Debtors have violated the law by the foregoing acts and omissions,
and are severally and jointly assessed for their acts and omissions in the amount of
One Hundred Thousand Dollars ($100,000.00). Interest shall be applied at the rate of
one percent (1%) per month on the unpaid balance.
4.1 The Surety Property of this Commercial Lien is any and all property of
the Lien Debtors both real and movable, wherever located, except those survival
provisions and keepsakes and wedding rings which are normally exempt in the Lien
Process. Refer to an ordinary lien exemption list, such as is presented by the IRS, for
further details. Specifically included is Lien Debtors' house and contents located at
17 Bahimny court RIVER HEADS QLD 4655, Lien Debtors' cars, trucks, jewelry,
all personal property and Lien Debtors' checking and savings accounts and any
stocks and bonds owned by Lien Debtors.
4.2 Grace. The commercial grace of a Lien process consists of a ninety (90)
days (three-months Old Testament Hebrew/Jewish commerce) grace period. Lien
Debtors are placed on official notice that Lien Claimant will proceed with default
proceedings at the end of ninety (90) days from your receipt of this notice of time
limitation or process of service
4.5 Conditions for releasing Lien. A release of this Lien can be accomplished
by the following:
5.1 Attached hereto and incorporated as if fully produced herein are the
following Exhibits:
VI. CERTIFICATION
VII. WITNESS
NOTARY STATEMENT
My commission expires:
***********
APPENDIX A
The Lien Claimant does NOT rely on Title 15 as a basis for the "Commercial Lien." ALL
Commercial processes, by using or relying on notes or paper in Commerce (e.g. Federal
Reserve Notes), must bear some sort of Federal tracking code, a County Recorder’s number
or a serial number, which process must be accessible for inspection at the nearest relevant
County Recorder’s Office or be widely advertised. When a Lien matures in three (3)
months, ninety (90) days, by default of the Lien Debtor through the Lien Debtors failure to
rebut the AFFIDAVIT OF OBLIGATION point-for-point categorically, it becomes an
accounts receivable in the ordinary sense of a collectable debt upon which assignments,
collateralization, and other commercial transactions can be based, hence becomes a Security
subject to observation, tracking, and regulation by the United States Securities and
Exchange Commission (hereinafter U.S. S.E.C.).
The notation "A Security — 15 USC" is a flag in Commerce telling the U.S. S.E.C. that a
speculation account is being established to enforce a lien. The U.S. S.E.C. can then monitor
the process. As long as the process is truthful, open, and above-board (full disclosure), the
U.S. S.E.C. has no jurisdiction over it, for even the U.S. S.E.C. has no jurisdiction over the
truth of testimony, depositions, affidavits, and affidavits of obligation (Commercial Liens),
and an unrebutted affidavit stands as the truth in Commerce.