Affidavit Failure To Accept BPN

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The affidavit outlines 15 claims that there is no evidence to disprove related to a promissory note and its dishonor.

The affidavit appears to be asserting that a promissory note was signed and later dishonored, and that the affiant has not been provided evidence to the contrary regarding various aspects of the note and its handling.

The affiant is claiming there is no evidence to disprove 15 specific points related to the promissory note, its signing, delivery, dishonor, and legal treatment.

AFFIDAVIT FOR CERTIFICATE OF DISHONOR

________ County

)
ss

State of _________

Affiant, _____________, states that the facts contained herein are true, correct, complete,
and not meant to be misleading, to the best of her/his personal knowledge and belief under
penalty of perjury pursuant to the laws of the State of ___________ and/or the United States of
America. The allegations in her /his affidavit are real and are made in good faith.
1.
There is no evidence that on or about February 25, 2009 Affiant did not sign
Bonded Promissory Note # XXXXXXXXXX (Note) in the sum of Five Million USD
($5,000,000) and appointed Timothy Geithner, U.S. Secretary of the Treasury, and
XXXXXXXXXXX as beneficiaries in common.
2.
There is no evidence that on or about August 10, 2007, XXXXXXXXXX,
Notary Public, did not send beneficiary the Presentment under Notary Seal.
3.
There is no evidence that the said notary public did not certify that
________________ has dishonored the note and accepted total liability thereon
pursuant to failure to accept the said notarys demand for payment on or about
September 21, 2007 which was returned by Certified Mail No. XXXX XXXX XXXX
XXXX XXXX on or about _____________________.
4.

There is no evidence of any defect in the Note.

5.
There is no evidence that The CODE OF FEDERAL REGULATIONS 31 CFR
103.11 Defines money (u) (iii) Monetary instruments: (1) Monetary instruments
include: (i) Currency; (ii) Traveler's checks in any form; (iii) All negotiable
instruments (including personal checks, business checks, official bank checks,
cashier's checks, third-party checks, promissory notes (as that term is defined in
the Uniform Commercial Code), and money orders that are either in bearer form,
endorsed without restriction, made out to a fictitious payee (for the purposes of
Sec. 103.23), or otherwise in such form that title thereto passes upon delivery is
not the public policy;
6.
There is no evidence that, pursuant to Title 12 USC 1813(L)(1), any
negotiable instrument does not become a cash item upon payment/tender.
7.
There is no evidence that, pursuant to (UCC3-104(f)), a draft is not the
equivalent of a check and may be securitized or monetized by direct deposit in a
commercial checking, time, thrift or savings account.
8.

There is no evidence that, pursuant to 31 USC 3541(a), when an official

receiving public money, before it is paid to the Treasury or a disbursing or


certifying official of the United States Government, does not submit an account or
pay the money as prescribed by law, the Comptroller General shall not make the
account for the official and certify to the Secretary of the Treasury the amount
due the Government. (b) The Secretary shall issue a distress warrant against the
official stating the amount due from the official and any amount paid. The
warrant shall be directed to the marshal of the district in which the official
resides. If the Secretary intends to take and sell the property of an official that is
located in a district other than where the official resides, the warrant shall be
directed to the marshal of the district in which the official resides and the marshal
of the district in which the property is located.
9.
There is no evidence that the narrow view that money is limited to legal
tender is not rejected under UCC 1-201(24).
A) There is no evidence that Financial Accounting Standards Board
Statement No. 133 does not require accounting.
B) There is no evidence that Financial Accounting Standards Board
Statement No. 140 does not require reporting.
10.
There is no evidence that Beneficiary has not failed to provide Affiant with an
accounting reflecting that credit was posted for the full amount is certified in a
Default Judgment issued/to be issued by the notary. That judgment does/will
amount to your stipulation to the value and validity of the instruments and a
confession to a theft of public funds when you defaulted on the opportunity to
rebut. A return of the instrument without cause will be certified as a conversion of
liability under public policy, i.e. your agreement to accept liability for the missing
funds. Any attempt to malign payment without a demonstrable notice of dishonor
or certificate of protest will be treated as a commercial slander.
11.
There is no evidence that Beneficiary does not operate under the
regulatory commission of the State of ____ and under the auspices of the federal
government and as such are not bound by the laws that govern how you conduct
business.
12,

There is no evidence that I delegated authority to dishonor such tender.

13
There is no evidence that the attached Certified Copy of Bonded
Promissory Note __________________is not a true and complete copy of the
original note now back in the possession of the notary pubic.
14.
There is no evidence that UCC-3-603(b) does not apply to this instant
matter, i.e., If tender of a payment of an obligation to pay an instrument is made
to a person entitled to enforce the instrument and the tender is refused, there is
not discharge, to the extent of the amount of tender, of the obligation of the
endorser or accommodation party having a right to recourse with respect to the
obligation to which the tender relates.

15. There is no evidence that in the event Affiant elects to cancel the
$xxxxx.xx liability, as cited above, said liability would not constitute
taxable income, to the payee, reportable on a 1099C.

FURTHER AFFIANT SAYETH NOT.


I, ________________________, do hereby swear and affirm under my own unlimited
commercial liability that the foregoing statements are true, correct, complete and not misleading
to the very best of my first-hand knowledge.
Executed this _____day of __________________, 2009
By: __________________________
Real Man/Woman, Affiant
State of _________

)
ss
County of _______
)
Sworn to and subscribed before me on this ____ day of ____________2009, and produced
identification in the form of _____________________________
______________________________
Notary Public
______________________________
Notary Printed Name
My Commission Expires on
____/____/_______.

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