COMMON LAW PUBLIC NOTICE
KIRK MATTHEW CARMICHAEL©
4101 GORDON DRIVE, LOT #116
SIOUX CITY, IOWA 51104
October 25, 2018
When Recorded Mail to:
In care of 12463 Rancho Bernardo Road #516
San Diego, California real land North America - non domestic
The named claimant is not in the capacity or character of a PERSON as defined by Statute nor bound with any obligation, contract promise of any kind, except by her prior written authorization. By this notice be aware that any violation (s) violator (s) of the claimants rights on the claim to all derivatives of his given and family name as stated herein are bound to the terms of this Self Executing User Agreement retained by the claimant. All rights are reserved regarding the registered name KIRK MATTHEW CARMICHAEL© and the common-law copyright of the words and art and proprietary image entitled and appearing as KIRK MATTHEW CARMICHAEL©- Common Law Copyright 2018 as well as each and every derivative of said name and words of art / image, and all variations in the spelling thereof by Kirk-Matthew: Carmichael© Agent, Trustee, Secure Party, Freeman, Author of Copyright Name, Trademark Claim on this Twenty Fifth Day of the Tenth Month in the Year of Our Lord Two Thousand Eighteen, through the Uniform Commercial Code, Recording E18065398-3 filed with the Iowa Office of the Secretary of State, nunc pro tunc to 1990. Said common-law name KIRK MATTHEW CARMICHAEL©, may not be used nor reproduced, neither in whole nor in part, nor in any manner whatsoever, without the prior expressed, written consent and acknowledgment of Kirk-Matthew: Carmichael, signified by a red-ink signature of Kirk-Matthew: Carmichael©, Kirk- M. Carmichael hereinafter “Secured Party”.
With the intent of being contractually bound, the person receiving this Copyright Notice, as well as the agent of the person receiving this Copyright Notice, consents and agrees that neither said person nor its/his agent, shall display or otherwise use in any manner, the common-law name, nor the common-law copyright described herein, nor any derivative of, nor any variation in the spelling KIRK MATTHEW CARMICHAEL© without the prior written consent and acknowledgment of the Secured Party, signified by the Secured Party’s signature in red ink, nunc pro tunc as stated above. The Secured Party neither grants, nor implies, nor otherwise gives consent for unauthorized use of KIRK MATTHEW CARMICHAEL©, in any form whatsoever, and all such unauthorized use is strictly prohibited. The Secured Party is not now, nor has the Secured Party ever been, a voluntary accommodation party, nor a voluntary surety, for the purported obligor, i.e. KIRK MATTHEW CARMICHAEL©, nor for any derivative of, nor for any variation in the spelling of, said names, nor for any other juristic person, and is so indemnified and held harmless by the debtor of record, known as KIRK MATTHEW CARMICHAEL© in Indemnity Bond number KMC-07021971-IBSA, attached to the Security Agreement dated the Twentieth Day of the Tenth Month in the Year of Our Lord Two Thousand Eighteen against any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, depositions, summonses, lawsuits, costs, fines, liens, levies, penalties, damages, interest, and expenses whatsoever, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered by, imposed on, and incurred by the Debtor for any and every reason, purpose, and cause whatsoever.
Self-executing Contract/Security Agreement in the Event of Unauthorized Use
Both the person receiving this Copyright Notice and its/his agent, hereinafter jointly and severally “User”, consent and agree that each and every use of KIRK MATTHEW CARMICHAEL©, other than authorized use and counterfeiting of the Secured Party’s common-law copyrighted property, contractually binds the User, automatically renders this Copyright Notice of a Security Agreement wherein the User is the Debtor and Kirk-Matthew: Carmichael©, or Kirk-M: Carmichael, Michael Carmichael is the Secured Party, and signifies that the User:
1. Grants and pledges the Secured Party a security interest in all of the User’s assets, land and personal property, and all of the User’s interest in assets, land, and personal property, as collateral, equal in purchasing power to the sum certain amount of $500,000.00 United States currency circa 1960 per each occurrence of use of the common-law copyrighted
KIRK MATTHEW CARMICHAEL© as well as for each and every occurrence of use of one or more of all derivatives and variations in the spelling of KIRK MATTHEW CARMICHAEL©, plus costs, plus triple damages;
2. authenticates this Security Agreement wherein the User is Debtor and Kirk-Matthew: Carmichael©, Kirk-M: Carmichael is the Secured Party, and wherein the User pledges all of the User’s assets, land, consumer goods, farm product, inventory, equipment, money, investment property, commercial tort claims, letters of credit, letter-of-credit rights, chattel paper, instruments, deposit accounts, accounts, documents, and general intangibles, and all the User’s interests in all such foregoing property, now owned and hereafter acquired, now existing and hereafter arising, and wherever located, as collateral for securing the User’s contractual obligation in favor of the Secured Party for the User’s unauthorized use of the Secured Party’s common-law copyrighted property;
3. consents and agrees with the Secured Party’s filing of a Uniform Commercial Code Financing Statement in the Uniform Commercial Code Regional filing office for the State where the User resides and the State where the User was created or born, as well as in any county recorder’s office, on which the User is the Debtor and Kirk-Matthew: Carmichael is the Secured Party and Holder in Due Course;
4. consents and agrees that said Uniform Commercial Code Financing Statement described above in paragraph (3) is a continuing financing statement, and further consents and agrees with the Secured Party’s filing of any continuation statement necessary for maintaining the Secured Party’s perfected security interest in all of the User’s property and interest in property, pledged as collateral in this Security Agreement and described above in paragraph (2), until User’s contractual obligation theretofore incurred has been fully satisfied;
5. consents and agrees with the Secured Party’s filing of any Uniform Commercial Code Financing Statement, as described above in paragraphs (3) and (4), as well as the filing of any Security Agreement, as described above in paragraph (2) in a Uniform Commercial Code filing office, as well as in any county recorder’s office;
6. consents and agrees that any and all such filings described in paragraphs (4) and (5) above are not, and may not be considered invalid, and that the User will not claim that any such filing is invalid and will not challenge any such filing, and that the User will defend the Secured Party’s right under this Self-executing Contract/Security Agreement.
7. waives all defenses; and
8. appoints the Secured Party as the Authorized Representative for the User, effective upon the User’s default regarding the User’s contractual obligations in favor of the Secured Party, as set forth below under “Payment Terms” and “Default Terms”, granting the Secured Party full authorization and power for engaging in any and all actions on behalf of the User including, but not limited to, authentication of a record on behalf of the User, as Secured Party, in the Secured Party’s sole discretion, deems appropriate, and the User further consents and agrees that this appointment of the Secured Party as the Authorized Representative for the User, effective upon the User’s default, is irrevocable for the duration of the indebtedness and coupled with said security interests.
Additional Terms of Self-executing Contract/Security Agreement in Event of Unauthorized Use
In accordance with fees for unauthorized use of KIRK MATTHEW CARMICHAEL©, as set forth above, the User hereby consents and agrees that the User shall pay the Secured Party all unauthorized use fees within ten (10) days of the date the User receives the Secured Party’s invoice itemizing said fees.
Power of Attorney
Power of Attorney, of KIRK MATTHEW CARMICHAEL© is included and enhanced, and also protected under all the same terms of this Security Agreement, and no one person, natural or corporate agents, or any other entities, representing any assumed or presumed authority shall lay claim to the Power of Attorney of KIRK MATTHEW CARMICHAEL© without invoking any and all the conditions and penalties set forth and explained in the totality of this Agreement.
Any and all violations of this 'Power of Attorney' will invoke a penalty of triple damages of Fifteen Hundred Thousand ($1,500,000.00) in lawful United States Currency circa 1960 upon the precise moment of the violation of the power of attorney of: KIRK MATTHEW CARMICHAEL©.
I, KIRK MATTHEW CARMICHAEL©, Debtor give permission to Kirk-Matthew: Carmichael©, living soul, sui juris, Agent, a lawful woman and Attorney-in-Fact, Trustee, and The Secured Party, the power of attorney over any and all legal affairs.
I, Kirk-Matthew: Carmichael©, living soul, sui juris, Agent, a lawful Man and Attorney- in-Fact, Trustee, and The Secured Party accept the power of attorney over any and all legal affairs of the Debtor KIRK MATTHEW CARMICHAEL© and without my red or blue ink signature on a contract, I DO NOT CONSENT to anyone, natural or corporate agent, or any other entities interfering with the commercial affairs of the Debtor, KIRK MATTHEW CARMICHAEL!
Any and all payments shall be forwarded to: Kirk- Matthew: Carmichael within a period of time not to exceed the limit of seventy two (72) hours, from the exact time of violation of the power of attorney of: KIRK MATTHEW CARMICHAEL. And: Kirk-Matthew: Carmichael© solely reserves all absolute rights under U.C.C. 1-207 and/or U.C.C. 1-308 and to the penalties under contract law, to deal with any entity, natural or corporate, principle or agent who fail to honor this Self Executing User Agreement and have thereby consented and have surrendered their power of attorney forever.
In the event of nonpayment in full of all unauthorized use fees by the User within ten (10) days of receipt of such invoice, the User shall be deemed to be in Default and:
a. all of the User’s property and interests generally or specifically pledged herein as collateral by the User, as set forth in paragraphs (1) and (2) above, immediately becomes subject to disposition by the Secured Party;
b. the Secured Party is without further action appointed the User’s Authorized Representative as set forth in paragraph (8) above; and
c. the User consents and agrees that the Secured Party may take possession of, as well as otherwise dispose of said collateral in any manner that the Secured Party, in the Secured Party’s sole discretion, deems appropriate, including but not limited to, sale at auction at any time following the User’s default, and without further notice, of any and all of the User’s property and interests, described in paragraph (2) above, formerly pledged as collateral by the User, and upon default, become the property of the of the Secured Party, as authorized by this Self-executing Contract/Security Agreement in Event of Unauthorized use, that the Secured Party, again in the Secured Party’s sole discretion, deems appropriate.
Terms of Curing Default
Upon event of default, as set forth above under “Default Terms”, irrespective of any and all of the User’s former property and interests in property, described in paragraph (2) above, in the possession of, as well as disposed of by the Secured Party, as authorized above under “Default Terms”, the User may cure the User’s default by payment in full, only regarding the remainder of the User’s said former property and property interests, formerly pledged as collateral that is neither in the possession of, nor otherwise disposed of, by the Secured Party within twenty (20) days of the date of the User’s default.
Terms of Strict Foreclosure
The User’s nonpayment in full within said twenty (20) day period, of all unauthorized-use fees itemized in such Invoice for curing default as set forth above under “Terms for Curing Default”, authorizes the Secured Party’s immediate non-judicial strict foreclosure on any and all of the User’s remaining former property and property interests, pledged as collateral by the User, and upon default, property of the Secured Party, which is not in the possession of, nor otherwise disposed of by the Secured Party upon expiration of said twenty (20) day default-curing period.