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HomeMy WebLinkAbout888793 SECURITY AGREEMENT NON-NEGOTIABLE -- N(i~Nf~II~s~/q~]?g-~RABLE ~ 6 Parties RECEIVED LINCOLN COJ!ITf CLERK ....... SECURED PARTY MA _U~__C..E.W. JONES, and all derivatives thereof BOX 117 GROVER, WYOMING 83122 SOCIAL SECURITY NUMBER 526-70-4578 Agent Maurice W. Jones, and all derivatives thereof Non-domestic c/o Box 117 Grover, Wyoming Tlfis Security Agreement ("Agreement") is made and entered into on the 27~h Day of the Third Month m the Year of our Lord Two Thousand and Three by and between the 'real man' Maurice Wayne Jones; hereinafter known as Agent and the Straw marffDunm~y Corporation MAURICE WAYNE JONES; hereinafter known as SECURED PARTY. NOW, THEREFORE, it is hereby agreed as follows: In consideration for the SECURED PARTY agreeing to provide certain Collateral and goods, identified herein below, and certain accommodations to the SECURED PARTY, including, but not limited to, allow the SECURED PARTY to act as an instrument, functioning primarily as a transmitting utility, for the purpose of conducting commercial activity for the benefit of the Agent; and, as security for payment of all sums due, or to become due Or owing by SECURED PARTYto Agent, SECURED PARTY hereby grants to Agent a security interest in the Collateral described herein below and agrees to provide to Agent the Indenmification Bond also contained herein below. The security interest granted herein secures any and all indebtedness and liabilities, whatsoever, owed by SECURED PARTY to Agent, whether direct or redirect, absolute or contingent, due or to become due. now existing or hereafter arising, and howsoever evidenced. This security interest is also given to secure any other debts that may be owed by SECURED PARTY to Agent from time to time as stated herein below. COLLATERAL WYOMING Driver License with the number 102150-125, and all documents and/or instruments created using said license; any and all marriages and the production thereof including, but not limited to: MARICOPA COUNTY, STATE OF ARIZONA Marnage License without an identifsmag number, and all documents and/or instruments created using said Marriage license and all products and proceeds thereof. Real estate staked and claimed and further described as: Land Patent or Grant No. 265 document # 0871394 Declaration of Land Patent recorded in Lincoln County Clerk office in Kemmerer, Wyoming BOOK 459 PR PAGE 431 and dated 01 Feb 13 AM 8:34 An area of land located within the Lot numbered two of Section 6 in Township 32 North of Range 118 West, of the Sixth Principal Meridian in Wyoming, more particularly described as follows; Lot 2 of Grover Townsite, Block #7, of Grover, Wyoming as recorded in the County Recorders office in Kemmerer, Wyonfing, comprising approximately 1.62 acres, which is a portion OF, Lot numbered two of Section 6 in Township 32 North, of Rm~ge 118 West, and the Lot numbered one of Section 1, in Township 32 North, of Range 119 West of the Six'th Principal Meridian in Wyoming, containing seventy acres and thirty five hundredths of an acre; according to the Official Plat of the survey of the said Land, returned to the General Land Office by the Surveyor General, and approved by the President William McKinley, the first day of December, of the year 1897, under certificate number 265. All: proceeds, products, accounts and fixtures from crops, mind head, wellhead, with transnUtting utilities etc., rents, wages, all income, land and mineral, water and air rights, cottages, house(s), buildings, bank accounts, bank deposit box(es) and the contents therein, savings account, retirement plans, stocks, bonds, securities, benefits from trusts, inheritances gotten or to begotten, inventory in an3, source, all machinery either farm or industrial, livestock, livestock equipment, vehicles, auto(s), truck(s), 4 wheelers, all boats and water craft, aircraft, motor homes, 5th wheel trailers or mobile homes, motorcycles, jewelry, wedding bands and/or nngs, watch(es), household goods, appliances, any type furniture, kitchen utensils, cooking utensils, radio(s), television(s), musical instruments, antiques, sports equipment, all arn~s, rifles, guns, hand guns, and any type property held for my benefit by either myself or others, until the dishonor agreement, held by the Secured Party is satisfied to full and acknowledgment of the same is completed. Any property not specifically listed, named or listed by make, model, serial number, etc. is included as the s alne. The SECURED PARTY agrees to notify all employers and creditors of the same, as all SECURED PARTY'S wages are property of the Agent and are noticed accordingly. The SECURED PARTY'S rights include the use of said Collateral as may be needed from tUne to time. INDEMNITY CLAUSE KNOW ALL MEN BY THESE PRESENTS', that I, MAURICE W. JONES, (SECURED PARTY), am held firmly bound unto Maurice Wayne Jones, (Agent) in the sum of present Collateral Values and any debts or losses claimed by any and all persons against the Commercial Transactions and Investments of O888?.'93 ! 2 8 SECURED PARTY'S treasury, IMF, BMF, IRAF, EPMF (temporary, permanent and current) accounts to any and all who make debt claims against any of the Collateral or Vested Rights in said Collateral of the Agent. This obligation shall ,bind thc SECURED PARTY in all respects, to fully and faithfully comply with all applicable provisions of law. This bond shall effect as of the date hereon and shall remain in full force and effect until the surety (SECURED PARTY) is released from liability by the wi-itten order of the UNITED STATES and provided that the surety may cancel this bond and be relieved of further liabiliW hereunder by delivery within thirty (30) days, written notice to the Agent. SUch cancellation shall not affect any liability incurred or accrued by SECURED PARTY hereunder prior to the termination of said thirty (30) day period. The SECURED PARTY will promptly reissue a bond before the end of the thirty (30) da5' period of an amount equal to or greater than the value of this instrument unless the parties agree otherwise. The SECURED PARTY, without the benefit of discussion or d/vision, does hereby agree, covenant and undertake to indemn~:, defend and bom the Agent harmless, from and against any and all claims, losses, liabilities, costs, interests and expenses (herein after referred to as "claims" or a "claim") including, without restriction, all legal costs, interests, penalties and fines suffered or incurred by the Indemnified Part5, arising as a result of the Indenmified Party having it's personal guarantee with respect to an3' loan or generally any indebtedness of the SECURED PARTY, including, without in any way restricting, the generality of the foregoing amount owing by the SECURED PARTYto all creditors. The Indenmified Party (Agent) shall promptly advise the IndemnifTing Party (SECURED PARTY) of any Clann and provide the same with full details thereof, including copies of any document, correspondence, suit or action received by or served upon the Indenmified Party. The Indemnified Party shall fully cooperate with the Indemmfying Part3, in any discussion, negotiations or other proceedings relating to any Claim. DEFAULT The following shall be events of default hereunder: (a) failure by SECURED PARTY to pay any debt secured hereby when due; (b) failure by SECURED PARTYto perform any obligations secured hereby wheu the same should be performed. This document represents the agreement between the SECURED PARTY and Agent and may not be modified unless agreed upon by both parties in writing and signed by both parties. This Security Agreement is NOT dischargeable in bankruptcy court and holder in due courses' property is exempt from third party levy. Should any portion of this agreement be judicially determined to be illegal, the remainder of the agreement shall not be affected by such determination and shall remain in full force and effect. The Agent accepts the SECURED PARTY'S signature in accord with Uniform Commercial Code: 3-401 & 3- 419. Witnesses /////// IIIIIII ~/~fill DEFINITIONS As used in this Security Agreement, the following words and terms shall have the meanings ascribed to them in this section, non obstante. "Account(s)" (,gee Black's Law Dictionary, 6th ed., Account. See also UCC sS 4-104, and UCC sS 9-106.) "Agent" (See Black's Law Dictionary, 6th ed.) "Agreement" (See Black's Law Dictionary, 6th ed. See also UCC § 1-201 (3). "Artificial Person(s)" (See Black's Law Dictionary, 7th ed.) "Bailee" (See Black's Law Dictionary, 6th ed.) "Beneficiary" (See Black's Law Dictionary, 6th ed.) "Buyer" (,gee Black's Law Dictionary, 6th ed.) "Cancel" (See Black's Law Dictionary, 6th ed.) "Cancellation" (,gee Black's Law Dictionary, 6th ed.) "Charge back" (See Black's Law Dictionary, 6th ed., Sec cdso SureW.) "Chattel Paper" (See Black's Law Dictionary, 6th ed.) "Claim(s)" means: 1. right to pa)~nent, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, mnnatured, disputed, undisputed, legal, equitable secured, or unsecured; or right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, umnatured, disputed, undisputed, secured or unsecured. 2. To demand as one's own, challenge of property or ownerslnp of a thing which is wrongfully withheld See Hill v. Henry, 66 N.J. Eq. 150, 57 Atl. 555. Also a claim is to state. See Douglas v. Beasley, 40 Ala: 147; Prieev. Pennsylvania, 16 Pet. 615, 10 L.Ed. 1060. "Collateral" means property that is pledged as security for the satisfaction of a debt. See Black's Law "Debt" (See Black's Laxv Dictionary, 6th ed. See also Burke v. Boulder Miller & Elevator Co., 77 Colo. 230, 235 P. 574, 575, and U.S. Sugar Equalization Board v. P. De Ronde & Co., C.C.A. Del, 7 F.2d 981,984.) "Delivery" (See Black's Law Dictionary, 6th ed.) "Goods" (See Black's Law Dictionary, 6th ed.) "Entrusting" (See UCC § 2-403 (2, 3 and 4)) "Incapacity" (,gee Black's Law Dictionary, 6th ed. and 7th ed. See also UCC § 3-305 (2) (b). "Indemnities" (See UCC § 5-t 13.) "Indemnity" means a collateral contract or assurance by which one person engages to secure another against an anticipated loss or to prevent him from being denmified by the legal consequences of an act or forbearance on the part of one of the parties or of some third person. See Nat'l Bank of Tifton v. Smith, 142 Ga. 663, 83 S.E 526, 528, L.RA. 1915B, 116. See Black's Law Dictionary, 7th ed., Indemnity. "Instrument(s)" (See Black's Law Dictionary, 6th ed., Instrument. See also UCC § 3-102 and UCC § 9- 105.) "Item(s)" means part or parts of a whole, flee also UCC § 4-104 (g). "Liability" means every kind of legal obligation, responsibility, or duty. Also the state of being bound or obliged in law or justice to do, pay or make good something. ,gee Mayfield v. First Nat'l Bank of Chattanooga, Tenn., C.C.A. Tenn. 137 F.2d 1013, 1019; Feil v. Cit3' of Coer d'Alene, 23 Idaho 32, 129 P. 643, 649, 43 LR.A.N.S. 1095; Breslaw v. Ri~htmire, 196 N.Y.S. 539, 541, 119 Misc. 833. See Black's Law Dictionary, 6th ed., Liability. "Money" means the medium of exchange authorized or adopted by a government as part of its currency. "Natural Person(s)" means a living soul, as distinguished from an artificial person created by law. See Black's Law Dictionary, 7th ed. "Notice" means waruing of intimation of something "Non obstante" means a phrase used in documents to preclude any interpretation contrary to the stated object or purpose. See Black's Law Dictionary, 6th ed. "Party" means a person concerned or having or taking part in any affair, matter, transaction, or proceeding, considered individually. See Black's Law Dictionary, 6th ed. "Person(s)" (See Black's Law Dictionary, 7th ed. See also UCC § 1-201 (30)). "Proceeds" (see Black's Law Dictionary, 6th ed.) "Property" in the strict legal sense, means an aggregate of rights that are guaranteed and protected by the goverument; and in the ordinary sense, indicates the thing itself, rather than the rights attached to it. See 62 Misc. Rep. 189, ll6NY. Supp 1000. "Real Man" means a real, live, flesh and blood man/woman: Maurice Wa)me Jones; "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. "Representative" (See Black's Law Dictionary, 6th ed.) "SECURED PARTY" means MAURICE W. JONES; (See Black's Law Dictionary, 6th ed.) "Securities" (See Black's Law Dictionars', 6th ed. See also UCC § 8-102 and UCC § 8-105.) "Seller" (See Black's Law Dictionary, 6th ed.) "Signature" (See UCC § 3-401 (considered signature)). "~qionorl" (,q~a II('(~ & 1-?(~1 (~40~ (cmnqiclerecl qicmntnre~ 08M87 3 131 "Documents of Title" (See UCC § 1-201 (15) and UCC § 7-104. (See also Black's Law Dictionary, 7th ed., Document of title.) "Dummy Corporation" means MAURICE W. JONES, an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances of a single person (such as the SECURED .PARTY). "The corporation is distinct from the (individual) or individuals who comprise it." Such entity subsists as a body politic under a special denomination, which is regarded in law as having a personality and distinct from that of its several members. See Dartmouth College v. Woodward, (4 Wheat.) 518, 636, 657, 4 LEd 629; U.S.v. Trinidad Coal Co., 137 U.S. 160, 11 S.Ct. 57, 34 LEd. 640; Andrews Bros. Co. v. Youngstown Coke Co., 86 F. 585, 30 39, 44; State v. Thistle Down Jockey Club, 114 Ohio St. 582, 151 N.E 709, 711; Congdon v. Congdon, 160 Minn. 343,200 N.W. 76, 87; Forest City Mfg. Co. v. International Ladies' Garment Workers' Union~ Local No. 104, 233 Mo. App 935, 111 S.W.2d 934; In re Crown Heights Hospital, 183 Misc. 563, 49 N.Y.S.2d 658, 660; FroeliCh and Kuttner~ of Manila~ P.I.v. Sutherland, 57 App. D.C. 294, 22 F.2d 870, 872. And also :'in rare instances where it lists a single person (such as the SECURED PARTY) this would be considered a corporation sole, winch consists of only that one person only in some particular station, who is incorporated by law in order to give them some legal capacities and advantages, particularly that of perpetuity, which in their natural persons they could not have." (or in the present situation, to give them some legal capacity or advantage of dealings in the corporate conmaerciat activities which in their natural persons they could not have). See Step. Comm., 168, 169; First Parish v. Dunning, 7 Mass. 447; Reid v. Barry, 93 Fla. 849, 112 So. 846, 859. The court cases also state that a corporation may exist as Domestic and/or Foreign, with reference to the laws and the courts of any given state, a "domestic" corporation is one created by, or organized under, the laws of that state; a "foreign" corporation is one created by or under the laws of another state, government, or country. (As in the present situation of a U.S. corporation in Puerto Rico, See (BMF) Business Master File). In re Grand Lodge, 110 Pa. 613, 1 A. 582; Fowler v. Chilingworth, 94 Fla. 1, 113 So. 667, 669; In re Ewles' Estate, 105 Texas 507, 143 P.2d 903,905. They also state that "A Corporation de facto is one existing under the color of law and in pursuance of an effort made in 'good faith' to organize a corporation under the statute; an association claiming to be legally incorporated company, and exercising the powers and functions of a corporation but without actual lawful authority to do so." See Foster v. Hare, 26 Tex. Civ. App. 177, 62 S.W. 541; Cedar Rapids Water Co. v. Cedar Rapids, 118 Iowa 234, 91 NW. 1081; Tulare Irrig. Dist. v. Shepard, 185 U.S. 1, 22 S.Ct. 531, 46 LEd 773; Evans v. Anderson, 132 Minn. 59, 155 N.W. 1040, 1041. The fictitious named MAURICE W. JONES, a straw man, or dun~my corporation created by the government corporation without h~owledge or intent of the natural person Maurice Wayne Jones only exists under the color of law and clain~ing only to be legally incorporated for the purpose of con~nerce, and exercising the powers and functions of a corporation, without actual lawful authority to do so, but strictly for the benefit of the government corporations and its commerce. The government corporation shows the capital letter spelling of the SECURED PARTY name when they created the "fictitious named" corporation, due to the need of a specific name required for each separate legal entity's identification. Therefore, when a corporation is constructed, a name is always given to it, or supposing to be actually given, will attach to it by trnplication, and by that name alone it must sue and be sued, and do all legal acts, though a very minute variation therein is not material, and the name is capable of being changed (by competent authority) without affecting the identity or capacity of thc corporation. See Wharton on Corporations. See also Black's Law "Security Interest" (See Black's Law Dictionary, 6th ed.) "Straw man" means MAURICE W. JONES (See also Black's Law Dictionary, 6th ed.) "Transmitting Utility" To thc extent that thc conte×t otherwise requires, means an implcmen~ used to transmit or to send from one person, thing or place to another; i.e., the SECUP~D PARTY/Dummy Corporation/Straw man is an agent and implement utilized for the purpose of conducting con~-ncrcial activRies for the Agent. Notice Using a notary on this document does not constitute any adhesion, nor does it alter my status in any manner. The purpose for notary is verification and identification only and not for entrance into any foreign jurisdiction. Jurat county of Lincoln Wyonfing state SS: Subscribed and affirmed before me this 27th day of the Month of March, in the year of our Lord and Savior, Two Thousand and Three, A.D. WITNESS 1ny hand and official seal. N'otai3~ - - - - Address of Nota~ '~~%, /__~ &t .//].