PD01 Demand and Notice of Default

22 Dec, 2022

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.

Ref: 19841103 BT01 PD01

1st Trustee and 2nd Trustee

Please note required responses and time-frames in the attached Demand and Notice of Default 19841103 BT01 PD01.

• Equity will not suffer a wrong to be without a remedy.
• Equity imputes an intent to fulfill an obligation.
• Equity abhors a forfeiture.
• Equity delights to do justice and not by halves.

Bride

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Ref: 19841103 BT01 PD01

Time sensitive document

Bride and Groom (we, us, our)
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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.

23 December 2022

Demand and Notice of Default

In good faith Bride and Groom gave you a final seven (7) days on top of the original thirty (30) days to pay Invoice 19841103 BOT0 IV02.

To date you have not paid your debt nor sought to negotiate payment terms within the stated period.

You are in dishonour of your debt and demand is made upon you for payment of Invoice 19841103 BT01 IV03 as directed therein.

When you do not make payment in full by 5:00 pm Friday 30 December 2022, the result is the placement of a lien on the property of 1st Trustee and 2nd Trustee until the wrong has been set aright.

Bride and Groom reserve the right to take action to recover the debt without notice to you; with the stipulation that you incur additional charges for failure to pay, and are liable for all Bride and Groom’s costs associated with recovering your debt, as previously advised in their Schedule of Fees and Charges Ref: 19841103 BOT0 FS02.

All words and spellings herein are as Bride and Groom define them in Definition of Terms 19841103 BT01 DT03.

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

References and Attachments

Attachment 1 Invoice 19841103 BT01 IV03
Attachment 2 Definition of Terms 19841103 BT01 DT03
Attachment 3 Scriptures 19841103 BT01 HS03

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Attachment 1 Invoice 19841103 BT01 IV03

Note: Inflation adjusted “Proverbs 6:30-31 Restoration” value recalculated as stated in the terms and conditions. This invoice replaces Invoice 19841103 BOT0 IV02.

Invoice

Invoice Nº: 19841103 BT01 IV03
Date: 23 December 2022

Terms and Conditions

You are in dishonour of your debt and demand is made upon you for payment as directed herein.

When you do not make payment in full by 5:00 pm Friday 30 December 2022, the result is the placement of a lien on the property of Name and Name until the wrong has been set aright.

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

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

END INVOICE

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Attachment 2 Definition of Terms 19841103 BT01 DT03

Terms defined herein:

accepted; agreed to.

acquiescence; a tacit agreement; consent inferred from silence.

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

affiant; a person who swears or affirms to the truth of statements made in an affidavit.

affidavit; a written statement where the contents are sworn or affirmed to be true.

affirmed; declared.

agent; any man, woman or corporation acting on your behalf.

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

answer; to reply by way of explanation, refutation or justification.

apparent; obvious; evident; indubitable.

aright; without mistake or crime.

ascertain; to establish 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 both mean living soul men and women designated as a recipient of property under a trust.

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 for the purposes for which they were conferred.

charges; expenses or costs.

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

clean hands; morally unimpeachable.

completely constituted; an express trust is created by a legal transfer of trust property from the settlor to a Trustee; the outcome is that the settlor validly vests an equitable interest in a beneficiary.

concurrence; a meeting of minds; agreement in opinion.

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 recognisable at law.

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

countervailing; opposing with equal strength or value.

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

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

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.

disregard; to have no care or respect for something.

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

elements; parts of a larger whole.

else; otherwise.

errors and omissions accepted; although every effort has been made to ensure the accuracy of the information in this notice, 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.

estoppel; a party cannot deny a fact that has already been settled as truth.

equity; freedom from bias or favouritism and dealing fairly and equally with all concerned.

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

evidentiary; relating to, providing, or constituting evidence.

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

fairly excused; those seeking to be excused have proven their conduct to be honest and reasonable.

faith; the substance of things hoped for, the evidence of things not seen; Hebrews 11:1.

fees; a reward or compensation for services.

fīat jūstitia ruat cælum; let justice be done though the heavens fall; justice must be realised regardless of consequences.
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.

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.

God; our Creator, Father and Master; Genesis 1:26-27, 1 Corinthians 8:6, Ephesians 4:6, Ephesians 6:9.

God’s law see law

harm; mischief; wickedness.

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

indubitable; too plain to admit of doubt.

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

in lieu; in place of; instead.

in the private; a private negotiation unconnected with others.

intent; the mental objective behind an action. A person has intent with respect to:

• conduct if he or she means to engage in that conduct;
• a circumstance if he or she believes that it exists or will exist;
  -> a result if he or she means to bring it about or is aware that it will occur in the ordinary course of events.

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

joyful; a delight of the mind, from the consideration of the assured approaching possession of a good.

law; the Word of God being the doctrines and precepts of God, and his revealed will as set out in The Holy Bible, Authorised King James Version, Pure Cambridge Edition; the natural law of the land.

lawful; according to God’s law.

laws of nature; see natural law of the land.

legislation; Statutes or Acts of Parliament, enacted by a government.

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.

lien; the right to hold another’s property as security for a debt owed.

living; not dead.

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

man, men; a living soul.

material fact; a fact that is significant or essential to the issue or matter at hand; a fact that is important, significant or essential to a reasonable person when making a decision in a particular transaction, issue or matter at hand.

merriment; mirth.

must; to be obliged.

natural law of the land is 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:

• the noted statements of fact;
• the remedy;
• 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.

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 man, woman or corporation.

period; any specified portion of time, designated by years, months, days or hours complete.

person; a living soul.

personal; belonging to a man or woman and private in actions or character.

précis; a brief summary of something presented.

principal; chief; highest in rank or importance.

private; belonging to or concerning an individual only.

procuration; the act of obtaining or getting; procurement.

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.

public notice; notices listed publicly online or in print.

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

rebut; to oppose by argument, plea or countervailing proof.

rectify; remedy.

redress; to set right.

remedy; to redress a trespass.

respond; to answer.

restore; to return to a person, as a specific thing which has been taken from him and unjustly detained, Leviticus 6:4-5; to make restitution or satisfaction for a thing taken, by returning something else, or something of different value, Proverbs 6:30-31.

restoration; the act of replacing in a former state.

right, rights; liberty.

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

settled; established.

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

silence; implies concurrence.

sincerely; honestly; without simulation or disguise.

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

special appearance; our appearance in court for the sole purpose of challenging the court’s assertion of personal jurisdiction over us.

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 or the person who thus receives your obligation is bound by your agreement.

tacit; existing, inferred, or understood without being openly expressed or stated, implied by silence or silent acquiescence.

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

The Holy Bible; the Authorised King James Version, Pure Cambridge Edition.

tort; any wrong or injury done to the person or property of another, as trespass, assault and battery, defamation and the like.

tort-feaser; is an individual who commits a wrongful act that injures another and for which the law provides a right to seek relief.

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 legislation; the trust legislation of the Commonwealth and the Australian Capital Territory.

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.

unimpeachable; beyond reproach; blameless.

verifiable; that may be proved or confirmed by incontestable evidence to be true.

vexation; afflictive; teasing.

violation; the contravention of a right or duty.

waive; to voluntarily refrain from pressing or enforcing terms and conditions.

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; parties can speak openly about the matters in dispute without the risk of the other party using that information against them later.

woman, women; a living soul.

END DEFINITION OF TERMS

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Attachment 3 Scriptures 19841103 BT01 HS03

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

Hebrews 11:1
1. Now faith is the substance of things hoped for, the evidence of things not seen.

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.

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.

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.

END SCRIPTURES
END LETTER

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