Chancery

DN01 Default Notice

The following public record is made available for the lawful use and purposes as described in our Terms.
Names and contact information have been changed.


From 📧 Bride and Groom
To 📧 1st Trustee, 📧 2nd Trustee
Date 15 Dec 20222
Subject Important

Ref: 19841103 BT01 DN01

1st Trustee and 2nd Trustee

Again, we are seeking remedy by equity to obtain redress.

We give seven days grace to stand with clean hands in equity. Please provide your response to the “Notice of Default and Opportunity to Cure, Ref: 19841103 BT01 DN01” and “Affidavit of Fact, Ref: 19841103 BT01 AF01”.

We look forward to hearing from you else your silence is your acquiescence that all therein be true and this matter may be dealt with in the public.

Bride

Attachments

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Ref: 19841103 BT01 DN01

Time sensitive document

Bride and Groom (we, us, our)
📧

1st Trustee
By email to: 📧

2nd Trustee
By email to: 📧

Office Found

All addressed parties jointly and severally as well as their successors, nominees and assigns.

15 December 2022

Notice of Default and Opportunity to Cure
Read Carefully
Must be read in conjunction with the accompanying Affidavit of Fact, Ref: 19841103 BT01 AF01.

On 14 November 2022, Bride and Groom sent you a Notice to Remedy via email seeking equitable remedy for your breach of each trust; wherein you were directed to lawfully close each trust.

You were given 30 days to respond and provide proof of your lawful authority to administer trust property without right contrary to the Settlors’ intent, or provide equitable remedy by lawful restoration as per Leviticus 6:4-5; When this is not possible then provide equitable remedy by lawful restoration as per Proverbs 6:30-31.

As of the date of this notice, Bride and Groom have not received your proper response. Your email dated 24 November 2022 did not provide an honourable response. Therefore, your lack of rebuttal or remedy places you, 1st Trustee and 2nd Trustee, in default.

In good faith, this notice is a reply to your silence and gives you a final seven (7) days to rebut point for point the established facts as affirmed in Bride and Groom’s Affidavit of Fact, Ref: 19841103 BT01 AF01.

Your response must:

Statements that you can prove to be incorrect shall be removed from the final affidavit prior to it being placed on Public Record.

Failure to rebut the facts stated in Bride and Groom’s Affidavit of Fact shall establish your tacit agreement and acquiescence that all therein be true, and that Invoice 19841103 BOT0 IV02 is the lawful and equitable means of closing each trust.

Without prejudice, malice, vexation, contention, merriment or harm.

No liability. Errors and omissions accepted.

With sincerity and honour.

By: Bride and Groom
Fīat jūstitia ruat cælum

Default Notice Attachments

Attachments form part of this document:

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Attachment 1 Invoice 19841103 BOT0 IV02

Invoice Nº: 19841103 BOT0 IV02
Date: 15 December 2022

Item AUD
Proverbs 6:30-31 Restoration $249,836.44
Preparation of Notice to Remedy $0.00
Preparation of Default Notice $0.00
Preparation of Affidavit $0.00
Research and Administration $0.00
Total Amount Owing $249,836.44
Payment Due Date: 22 December 2022

Terms and Conditions

Payment: 7 days from the Invoice Date
Payment Method: Direct deposit
BSB: 000-000
Account Number: 12345678
Amount Owing: $249,836.44
Two hundred and forty-nine thousand eight hundred and thirty-six dollars and forty-four cents.

Bride and Groom give you a FINAL 7 days from 15 December 2022 to make payment in full, or contact them by return email to negotiate a payment plan; with the stipulation that your non-response will be accepted as payment default and may invoke charges as noted in their Schedule of Fees and Charges.

The inflation adjusted “Proverbs 6:30-31 Restoration” value shall be recalculated for every day the remedy remains unfulfilled beyond 22 December 2022.

There is no limitation of time to collect any and all such amounts owing.

END INVOICE

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Attachment 2 Schedule of Fees and Charges

Item AUD
Contract
Per third party engagement; legal practitioner $8,000.00
Per third party engagement; other $8,000.00
Per failure to pay fees and charges $1,000.00
Per Commonwealth offence reported $1,000.00
Breach of Contract and or Estoppel
Per unverified claim in writing $5,000.00
Per contact, regardless of method $1,000.00
Per hour or portion thereof, of our time $1,000.00
Per trespass and or violation of Notice of Trespass $5,000.00
Per act of liable and or defamation and or extortion $10,000.00
Per action in denial of due process in law and or denial of a jury $10,000.00
Administration
Per hour or portion thereof, of Bride and Groom’s time for document preparation, includes study, analysis, research $500.00
Per hour or portion thereof, of Bride and Groom’s time for information provision $500.00
Per hour or portion thereof, of Bride and Groom’s time for document lodgement $500.00
Court Appearance Fees
Demand for appearance in court:
Per appearance under protest and duress $5,000.00
Per special appearance $3,000.00
Time usage for court appearances:
Per hour or portion thereof, of Bride and Groom’s time under protest and duress $1,00.00
Per hour or portion thereof, of Bride and Groom’s time by special appearance $500.00

Terms and Conditions
All fees and charges are independent and cumulative and stated in Australian Dollars.
There is no limitation of time to collect any and all such fees.
As per equity, we reserve the option to prescribe the method of payment as specified on the invoice. All fees are to be settled in full within twenty-one (21) days of the date of the invoice unless noted otherwise on the invoice.
Bride and Groom reserve the right to adjust and change this Schedule of Fees and Charges at their discretion.

Debt collection policy
When you do not pay your debt or respond to Bride and Groom’s courtesy late payment reminder and or final letter of demand, you will be issued a default notice. Bride and Groom reserve the right to take legal action should the debt remain unpaid with the stipulation that you are liable for all their costs associated with recovering the debt.

END SCHEDULE OF FEES AND CHARGES

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Attachment 2 Affidavit of Fact

Affiants
Bride and Groom (we, us, our)
address
📧

Respondents
1st Trustee
address
By email to: 📧

2nd Trustee
address
By email to: 📧

Affidavit of Fact
Ref: 19841103 BT01 AF01

We, the woman answering to the name “Bride” and the man answering to the name “Groom”, are over the age of consent, are of sound mind, are creations1 of the Lord God Almighty and followers of God’s laws first and foremost2, and the laws of man when they are not in conflict3.

Facts

Bride and Groom have first hand personal knowledge of the matters stated herein and hereby affirm:

  1. Bride and Groom’s 100+ wedding guests entrusted to 1st Trustee and 2nd Trustee hereafter referred to by her current name 2nd Trustee, cards on packaged and wrapped gifts with the intent that Bride and Groom would receive, unwrap and open the gifts; as noted on the cards addressed to them, the Bride and Groom.

  2. Bride and Groom accepted 1st Trustee’s and 2nd Trustee’s offer to hold the gifts for them to collect and open upon their return from honeymoon.

  3. Bride and Groom returned from their honeymoon, with the joyful expectation of opening gifts from their guests, to the shock of discovering no packaged and wrapped gifts, and no cards.

  4. The title, that is the cards, were missing; No cards, no transfer of title, no gifts.

  5. The property of each trust had been administered without right contrary to the Settlors’ intent.

  6. The cards were never produced when Bride and Groom asked for them.

  7. On 26 September 2022 1st Trustee and 2nd Trustee confirmed that the cards and gifts were opened without Bride and Groom’s knowledge or consent whilst they were on their honeymoon, and that the whereabouts of the cards are unknown.

  8. It is now apparent to Bride and Groom, that individual trusts4 were created by 100+ guests at their wedding on 3 November 1984 held in the Australian Capital Territory.

  9. It is now apparent to Bride and Groom, that when 1st Trustee and 2nd Trustee, accepted each gift on Bride and Groom’s behalf they created a trust with each guest, that is Settlor, in which 1st Trustee and 2nd Trustee, are joint Trustees and Bride and Groom are joint Beneficiaries4.

  10. It is now apparent to Bride and Groom, that the three certainties5 of a trust exist for each of the trusts, that being:
    Intent: Settlors transferred property to 1st Trustee and 2nd Trustee to hold for Bride and Groom; evidenced by written intent in the form of cards.
    Subject: Wedding gifts, packaged and or wrapped and or with cards.
    Object: Bride and Groom, evidenced by their wedding celebration.

  11. It is now apparent to Bride and Groom, that each trust was completely constituted6 when the Settlors delivered property, that is wedding gifts packaged and or wrapped and or with cards, to the intended Trustees.

  12. It is now apparent to Bride and Groom, that whilst they were on their honeymoon, 1st Trustee and 2nd Trustee, as trustees, committed a breach of trust7 for each trust when they administered the trusts’ property without right contrary to the Settlors’ intent.

  13. It is now apparent to Bride and Groom, that without Bride and Groom’s knowledge or consent, 1st Trustee and 2nd Trustee failed their fiduciary duty8 as trustees, to hold the gifts and transfer them to Bride and Groom in their original condition, and became accountable in equity to a breach of fiduciary duty when the first gift was opened.

  14. It is now apparent to Bride and Groom, that 1st Trustee’s and 2nd Trustee’s commitments to hold each gift in its original format, and transfer the title was a lie9.

  15. It is now apparent to Bride and Groom, that 1st Trustee and 2nd Trustee, as trustees, violated the privacy of each Settlor, when they authorised the gifts be opened and the cards, that is personal mail, be opened and read, not by the Beneficiaries.

  16. It is now apparent to Bride and Groom, that upon their return from honeymoon, as there were no cards for them, 1st Trustee and 2nd Trustee, as trustees, have mismanaged the transfer of title, that is evidence of ownership, from each trust and are accountable for the theft of title.

  17. It is now apparent to Bride and Groom, that upon their return from honeymoon, as there were no packaged and wrapped gifts and cards for them, 1st Trustee and 2nd Trustee, as trustees, have mismanaged the property of each trust and are accountable for the theft of the Settlors’ intended benefits:

    • surprise of what was given by whom, and the stories behind their choices;
    • pleasure and memory of discovery, unwrapping each gift to discover the item therein;
    • delight and memory of exploration, unpacking each gift to explore the elements, materials and so on;
    • joy of blessings, well-wishes, notes, cash, cheques and so on contained within the cards.
  18. It is now apparent to Bride and Groom, that the theft of title and property resulted in each Settlor being denied their due acknowledgement, blessings of thankfulness, shared memories, relationship, and the knowledge that Bride and Groom, the Beneficiaries, set up house with their gifts.

  19. It is now apparent to Bride and Groom, that 1st Trustee and 2nd Trustee, as trustees, can not disclaim their obligations to fulfil the Settlors’ intent10.

  20. It is now apparent to Bride and Groom, that the trustees’ fiduciary duty prohibits actions inconsistent with the Beneficiaries’ interests11.

  21. It is now apparent to Bride and Groom, that when trustees fail to act the trusts do not fail10.

  22. It is now apparent to Bride and Groom, that each trust remains exercisable despite the lapse of time10.

  23. It is now apparent to Bride and Groom, that none of the trusts have been terminated as Bride and Groom were unaware of and did not consent to 1st Trustee’s and 2nd Trustee’s actions as trustees, nor have Bride and Groom received the cards, evidence of title, as intended12.

  24. It is now apparent to Bride and Groom, that 1st Trustee and 2nd Trustee, as trustees, can not be fairly excused as, contrary to the nature of the trusts, they did not confirm with Bride and Groom that their actions were authorised13.

  25. It is now apparent to Bride and Groom, that Bride and Groom have not released 1st Trustee and 2nd Trustee, as trustees, from their breaches of trust as their administration of trust property occurred in Bride and Groom’s absence, without Bride and Groom’s knowledge or consent.

Material Fact or Evidence

  1. Affiants have not seen or been presented with any material fact or evidence that proves 1st Trustee and 2nd Trustee were authorised to dishonour their guests and to set at naught the Settlors’ intent.

  2. Affiants have not seen or been presented with any material fact or evidence that proves 1st Trustee and 2nd Trustee were authorised to open gifts not wrapped for them.

  3. Affiants have not seen or been presented with any material fact or evidence that proves 1st Trustee and 2nd Trustee were authorised to read and discard mail not addressed to them.

  4. Affiants have not seen or been presented with any material fact or evidence that proves 1st Trustee and 2nd Trustee were authorised to deny the transfer of title from each guest to their daughter, Bride.

  5. Affiants have not seen or been presented with any material fact or evidence that proves 1st Trustee and 2nd Trustee were authorised to administer the property of each trust contrary to the Settlors’ intent.

  6. Affiants have not seen or been presented with any material fact or evidence that 1st Trustee and 2nd Trustee do not have a lawful obligation to rectify the trespass and close each trust as directed by the Beneficiaries.

  7. Affiants have not seen or been presented with any material fact or evidence that 1st Trustee and 2nd Trustee have proposed a lawful alternative to the process for closing the trusts as directed by the Beneficiaries, that being:

    • Your rebuttal as directed in Bride and Groom’s Notice of Default and Opportunity to Cure, Ref: 19841103 BT01 DN01; or

    • Lawful restoration as per Leviticus 6:4-5;

      Restore the gifts in their original condition as delivered by the Settlors, including packaging, wrapping, the blessings, well-wishes, notes and so on, with the cards to transfer title to us as intended.

      Where this is not possible; then

    • Lawful restoration as per Proverbs 6:30-31;

      Restore sevenfold:

      As Bride and Groom did not receive the cards and gifts they have no record of what was given by whom, and the value is unknown by them; therefore,

      • ascribe a reasonable sum of $100 multiplied by 100 guests multiplied sevenfold adjusted for inflation; and
      • transfer to Bride and Groom in lieu of the Settlors’ gifts.

Précis

  1. By this record let it be known that Bride and Groom, the Beneficiaries, on behalf of the Settlors do not at any time excuse 1st Trustee and 2nd Trustee, as trustees, from their lawful obligation to close each trust as directed herein.

All words and spellings herein are as Bride and Groom define them in Annexure B Definition of Terms.

Affirmation

We, Bride and Groom, do solemnly, sincerely and truly affirm14 and declare that all herein be true. Executed on this fifteenth day, of the twelfth month, in the year of our LORD and Saviour, two thousand and twenty-two in the Australian Capital Territory.

Witnessed by God the Father, the Son, and the Holy Ghost15.

signature signature

Fīat jūstitia ruat cælum

References

  1. Annexure A Scriptures, Genesis 1:26-27
  2. Ibid., Acts 5:29
  3. Ibid., Leviticus 18:3-4
  4. Equity and Trusts in Australia, G E Dal Pont, [16.05]
  5. Ibid., [17.05]
  6. Ibid., [18.95], [18.105]
  7. Ibid., [24.05]
  8. Ibid., [22.70]
  9. Annexure A Scriptures, Proverbs 26:28
  10. Equity and Trusts in Australia, G E Dal Pont, [16.185]
  11. Ibid., [4.15]
  12. Ibid., [25.120]
  13. Ibid., [24.205]
  14. Annexure A Scriptures, John 8:17-18
  15. Ibid., 1 John 5:7, John 1:1,14,18

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Annexure A Scriptures

15 December 2022
Ref: 19841103 BOT0 HS02

This is the Scripture marked with the letter “A” referred to in the Affidavit of Fact taken and affirmed and solemnly declared on this fifteenth day, of the twelfth month, in the year of our LORD and Saviour, two thousand and twenty-two.

Witnessed by God the Father, the Son, and the Holy Ghost.

Affiants
Bride and Groom (we, us, our)
address
📧

Respondents
1st Trustee (you, your)
address
By email to: 📧

2nd Trustee (you, your) address
By email to: 📧


Scriptures

Ref: 19841103 BOT0 HS02

Selected scriptures, in order of appearance, from the Authorised King James Version, Pure Cambridge Edition; also known as The Holy Bible.

Genesis 1:26-27
26. And God said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.
27. So God created man in his own image, in the image of God created he him; male and female created he them.

Acts 5:29
29. Then Peter and the other apostles answered and said, We ought to obey God rather than men.

Leviticus 18:3-4
3. After the doings of the land of Egypt, wherein ye dwelt, shall ye not do: and after the doings of the land of Canaan, whither I bring you, shall ye not do: neither shall ye walk in their ordinances.
4. Ye shall do my judgments, and keep mine ordinances, to walk therein: I [am] the LORD your God.

Proverbs 26:28
28. A lying tongue hateth those that are afflicted by it; and a flattering mouth worketh ruin.

Leviticus 6:4-5
4. Then it shall be, because he hath sinned, and is guilty, that he shall restore that which he took violently away, or the thing which he hath deceitfully gotten, or that which was delivered him to keep, or the lost thing which he found,
5. Or all that about which he hath sworn falsely; he shall even restore it in the principal, and shall add the fifth part more thereto, [and] give it unto him to whom it appertaineth, in the day of his trespass offering.

Proverbs 6:30-31
30. [Men] do not despise a thief, if he steal to satisfy his soul when he is hungry;
31. But [if] he be found, he shall restore sevenfold; he shall give all the substance of his house.

John 8:17-18
17. It is also written in your law, that the testimony of two men is true.
18. I am one that bear witness of myself, and the Father that sent me beareth witness of me.

1 John 5:7
7. For there are three that bear record in heaven, the Father, the Word, and the Holy Ghost: and these three are one.

John 1:1,14,18

  1. In the beginning was the Word, and the Word was with God, and the Word was God.
  2. And the Word was made flesh, and dwelt among us, (and we beheld his glory, the glory as of the only begotten of the Father,) full of grace and truth.
  3. No man hath seen God at any time; the only begotten Son, which is in the bosom of the Father, he hath declared him.

Romans 2:11
11. For there is no respect of persons with God.

James 2:9
9. But if ye have respect to persons, ye commit sin, and are convinced of the law as transgressors.

1 Corinthians 8:6
6. But to us there is but one God, the Father, of whom are all things, and we in him; and one Lord Jesus Christ, by whom are all things, and we by him.

Ephesians 4:6
6. One God and Father of all, who is above all, and through all, and in you all.

Ephesians 6:9
9. And, ye masters, do the same things unto them, forbearing threatening: knowing that your Master also is in heaven; neither is there respect of persons with him.

END SCRIPTURES

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Annexure B Definition of Terms

15 December 2022
Ref: 19841103 BOT0 DT02

This is the Definition of Terms marked with the letter “B” referred to in the Affidavit of Fact taken and affirmed and solemnly declared on this fifteenth day, of the twelfth month, in the year of our LORD and Saviour, two thousand and twenty two.

Witnessed by God the Father, the Son, and the Holy Ghost.

Affiants
Bride and Groom (we, us, our)
address
📧

Respondents
1st Trustee (you, your)
address
By email to: 📧

2nd Trustee (you, your)
address
By email to: 📧


Definition of Terms
Ref: BT010004

abrogated; abolished, did away with, or annulled, especially by authority.

absolves; relieves of a requirement or obligation.

accepted; agreed to.

administer property without right; to manage property contrary to the expressed intent of the settlors.

affirm; to make firm; establish, confirm.

agent; any person or individual acting on your behalf.

agreement; a mutual assent to do or refrain from doing something; a contract.

annexed; joined at the end.

annexure; a separate part of a legal agreement, report, etc. that gives extra information.

announcement; something that someone says officially, giving information about something.

annulled; cancelled officially; made of no effect.

aright; without mistake or crime.

ascertain; to establish with certainty.

ascertained; established with certainty.

ascribe; to assign or attribute.

assent; the act of the mind in admitting, or agreeing to, the truth of a proposition.

beneficiary, beneficiaries; the principal; a person designated as a recipient of property under a trust.

benefit; anything that is for the good or advantage of a person or thing.

breach of fiduciary duty; exists where the trustees are found to have breached trust by putting their interests over and above the interests of the beneficiaries.

breach of trust; the trustees fail to discharge their duties reasonably, in good faith and according to the settlors’ intent; to administer property without right.

cease; to come to an end; to collapse or close a trust.

charges; expenses or costs.

child; a man or woman under the age of twenty with no knowledge between good and evil.

Numbers 14:29-31
29. Your carcases shall fall in this wilderness; and all that were numbered of you, according to your whole number, from twenty years old and upward, which have murmured against me,
30. Doubtless ye shall not come into the land, [concerning] which I sware to make you dwell therein, save Caleb the son of Jephunneh, and Joshua the son of Nun.
31. But your little ones, which ye said should be a prey, them will I bring in, and they shall know the land which ye have despised.

Numbers 32:11-12
11. Surely none of the men that came up out of Egypt, from twenty years old and upward, shall see the land which I sware unto Abraham, unto Isaac, and unto Jacob; because they have not wholly followed me:
12. Save Caleb the son of Jephunneh the Kenezite, and Joshua the son of Nun: for they have wholly followed the LORD.

Deuteronomy 1:35
35. Surely there shall not one of these men of this evil generation see that good land, which I sware to give unto your fathers,

Deuteronomy 1:39
39. Moreover your little ones, which ye said should be a prey, and your children, which in that day had no knowledge between good and evil, they shall go in thither, and unto them will I give it, and they shall possess it.

chose in action; the legal entitlement to enforce a promise made pursuant to a contract to benefit a third party.

consent; a yielding of the mind or will to that which is proposed or stated by another; permission.

contention; to make or gain by force.

contract; an agreement between two or more parties creating obligations that are enforceable or otherwise lawfully and or legally recognisable.

contrary; opposite; moving against or in an opposite direction.

default; an omission of that which ought to be done, and more specifically, the omission or failure to perform a duty.

defined; determined with precision; ascertained or exhibited clearly.

definition; an explanation of the signification of a word or term.

direction; an authoritative order, command or instruction.

disclaim; to say that you have no responsibility for, or knowledge of, something that has happened or been done.

discretion; liberty or power of acting without other control than ones own judgement.

dishonour; to disgrace; to bring reproach or shame on.

dispute; an unexpected event, different view or disagreement stops you from being yourself or harms your relationships.

disregard; to have no care or respect.

duty; that which a person is bound, by any natural, moral or lawful obligation, to pay, do or perform.

errors and omissions accepted; although every effort has been made to ensure the accuracy of the information, no legal responsibility is accepted for any errors or omissions herein, whether such errors or omissions result from negligence, accident or any other cause, and no responsibility is accepted with regard to the standing of anyone mentioned.

establish; to set and fix firmly or unalterably; to settle permanently.

equity; freedom from bias or favouritism and dealing fairly and equally with all concerned; having no respect of persons.

evidence; some thing, including testimony, documents and tangible objects, that proves or disproves the existence of an alleged fact.

evidenced; shown to be true.

excludes; prevents from being included, considered, or accepted.

excuse; to free, as from an obligation or duty; to make allowance for; overlook or forgive.

exhibited; shown publicly.

expectation; the act of expecting or looking forward to a future event with at least some reason to believe the event will happen.

extinguished; ended.

faith; the substance of things hoped for, the evidence of things not seen;

Hebrews 11:1

  1. Now faith is the substance of things hoped for, the evidence of things not seen.

fees; a reward or compensation for services.

fiduciary; one who holds a thing in trust; a Trustee.

fiduciary duty; exists where one person, the fiduciary, undertakes to act for another, the principal, and in doing so, must place the interests of the principal above their own.

gift; something that is bestowed voluntarily and without compensation.

God; our Creator, Father and Master;

Genesis 1:26-27
26. And God said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.
27. So God created man in his [own] image, in the image of God created he him; male and female created he them.

1 Corinthians 8:6
6. But to us there is but one God, the Father, of whom are all things, and we in him; and one Lord Jesus Christ, by whom are all things, and we by him.

Ephesians 4:6
6. One God and Father of all, who is above all, and through all, and in you all.

Ephesians 6:9
9. And, ye masters, do the same things unto them, forbearing threatening: knowing that your Master also is in heaven; neither is there respect of persons with him.

God’s law; see law.

harm; mischief; wickedness.

honourable; directed to a just and proper end; honest, fair, and worthy of respect.

individual; a man, woman or child.

in good faith; in an honest, sincere and proper way.

in lieu; in place of; instead.

intent; the mental objective behind an action. A person has intent with respect to: a. conduct if he or she means to engage in that conduct;
b. a circumstance if he or she believes that it exists or will exist;
c. a result if he or she means to bring it about or is aware that it will occur in the ordinary course of events.

invalidated; declared invalid.

jointly and severally; each named party has the duty of fully performing the obligations set forth herein and that we have the right to collect the entire balance owed.

judge; to form an opinion or estimation of after careful consideration.

law; the Word of God being the doctrines and precepts of God, and his revealed will as set out in The Holy Bible; the natural law of the land.

lawful; according to God’s law.

laws of nature; see natural law of the land.

liable; obliged in law or equity.

liberty; the power of acting as one thinks fit, without any restraint or control, except by the laws of nature.

living; not dead.

malice; a disposition to injure others without cause, from mere personal gratification or from a spirit of revenge.

man; a living soul made in the image of God.

Genesis 1:27
27. So God created man in his own image, in the image of God created he him; male and female created he them.

Genesis 2:7
7. And the LORD God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living soul.

material fact; a fact that is important, significant or essential to the issue or matter at hand.

merriment; mirth.

must; to be obliged.

natural law of the land; a rule of conduct arising out of the natural relations of man established by God, and existing prior to any positive precept. Thus it is a natural law of the land, that one man should not injure another, and theft and fraud are crimes, independent of any prohibition from a supreme power.

no liability; we have acted in good faith and neither of us are liable to anyone mentioned herein for any damage, loss or prejudice suffered or claimed due to: a. the noted statements of fact;
b. the remedy;
c. the execution and filing of documents mentioned herein, whether or not the facts therein are correct.

note; to observe carefully or with particularity.

noted; set down in writing.

notice; a written or printed announcement.

nullified; made void; rendered invalid; deprived of legal force or efficacy.

obligation; a moral duty that renders a person liable to provide remedy for neglecting it.

obliged; bound in duty or in law.

office found; whomsoever receives this notice is responsible to ensure all addressed parties receive the document.

party; a person.

person; includes a body politic or corporate as well as an individual.

personal; belonging to an individual and private in actions or character.

principal; chief; highest in rank or importance; a beneficiary.

private; belonging to or concerning an individual only.

proper; that which is fit, suitable, adapted, and correct.

property; any thing that is owned by a person or entity, whether real or personal, tangible or intangible, legal or equitable.

proof; the establishment or refutation of an alleged fact by evidence.

prove; to provide evidence.

reason; the capacity for logical, rational, and analytic thought; intelligence.

reasonable; to take steps to ascertain whether an action is authorised prior to performing the action.

rectify; remedy.

redress; to set aright.

remedy; to redress a trespass.

responsibility; a duty, obligation, or burden.

restore; to return to a person, that which was delivered you to keep and unjustly detained; to make restitution or satisfaction for a thing taken, by returning something else, or something of different value.

Leviticus 6:4-5
4. Then it shall be, because he hath sinned, and is guilty, that he shall restore that which he took violently away, or the thing which he hath deceitfully gotten, or that which was delivered him to keep, or the lost thing which he found,
5. Or all that about which he hath sworn falsely; he shall even restore it in the principal, and shall add the fifth part more thereto, [and] give it unto him to whom it appertaineth, in the day of his trespass offering.

Proverbs 6:30-31
30. [Men] do not despise a thief, if he steal to satisfy his soul when he is hungry;
31. But [if] he be found, he shall restore sevenfold; he shall give all the substance of his house.

restoration; the act of replacing in a former state.

revoked; invalidated or caused to no longer be in effect, as by voiding or cancelling.

right, rights; liberty.

safeguard; to prevent loss, theft, destruction, or damage.

set at naught; to disregard or scorn; to treat as unworthy of respect or consideration.

settlor; the person who transfers any property or business to a Trustee in trust for the use of another.

sincerely; honestly; without simulation or disguise.

soul; the spiritual, rational and immortal substance in man, which distinguishes him from the visible creation.

stipulation; agreement; contract.

successors, nominees and assigns; the terms agreed herein are binding even when you die or assign your obligation to another, then your estate, heirs and successors, or the person who thus receives your obligation, are bound by your agreement.

theft; a criminal act that deprives a person of his property held in trust without his consent.

The Holy Bible; The Holy Bible, Authorized King James Version.

to wit; that is to say; namely; specifically.

transfer of title; change of ownership of property; A Trustee takes legal title of the trust property but the Trustee does not have the right to receive any benefits from the property, the right to benefit from the property, known as equitable title, belongs to the beneficiary.

trespass; an unlawful act committed against the person or property of another.

trust; a relationship created at the direction of an individual, in which one or more persons hold the individual’s property subject to certain duties to use and or protect it for the benefit of others.

trust property; property; a limited interest in property; a chose in action.

Trustee; the person to whom any property or business is transferred in trust for the benefit of another.

vexation; afflictive; teasing.

voided; annulled; invalidated.

will; the different operations of the mind, soul, or intellectual part of man. In other words, we reason with respect to the value or importance of things; we then judge which is to be preferred; and we will to take the most valuable.

without prejudice; specific to dispute resolution: stated at the start of a letter or conversation makes the contents inadmissible in any future court proceedings; the communication cannot then be compelled to be produced in evidence or referred to in proceedings; parties can speak openly about the matters in dispute without the risk of the other party using that information against them later in court.

woman; a living soul made in the image of God.

Genesis 1:27
27. So God created man in his own image, in the image of God created he him; male and female created he them.

Genesis 2:7
7. And the LORD God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living soul.

END DEFINITION OF TERMS
END AFFIDAVIT

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