Validations for the ‘Notice of Condition Precedent’

by AL Whitney, anticorrptionsociety.com
Sept 6, 2017

The following includes the actual text of the Notice of Condition Precedent [in blue], followed by the validating definitions, codes, and orders – indented.


NOTICE OF CONDITION PRECEDENT

A notice is a legal device defined in the Uniform Commercial Code (UCC).

UCC § 1-202. Notice; Knowledge.
(a) Subject to subsection (f), a person has “notice” of a fact if the person: (1) has actual knowledge of it; (2) has received a notice or notification of it; or (3) from all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(b) “Knowledge” means actual knowledge. “Knows” has a corresponding meaning.
(c) “Discover”, “learn”, or words of similar import refer to knowledge rather than to reason to know.
(d) A person “notifies” or “gives” a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.
(e) Subject to subsection (f), a person “receives” a notice or notification when: (1) it comes to that person’s attention; or (2) it is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.
(f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual’s attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual’s regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.

The Uniform Commercial Code has been adopted in all states. It is the controlling law form for all contracts and agreements executed by government entities as explained in § 1-103.

UCC ARTICLE 1 – GENERAL PROVISIONS
UCC § 1-103. Construction of Uniform Commercial Code to Promote its Purposes and Policies: Applicability of Supplemental Principles of Law.
(a) The Uniform Commercial Code must be liberally construed and applied to promote its underlying purposes and policies, which are: (1) to simplify, clarify, and modernize the law governing commercial transactions; (2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (3) to make uniform the law among the various jurisdictions.
(b) Unless displaced by the particular provisions of the Uniform Commercial Code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.

Definition of “condition precedent“:
Black’s Law 4th Edition
” . . . it is a condition referring to a future event, upon the happening of which the obligation becomes no longer binding upon the other party, if he chooses to avail himself of the condition.”

In compliance with Executive Order 13132 (“Federalism”) signed by President Bill Clinton on August 10, 1999 Section 2:

“(d) The people of the States are free, subject only to restriction in the Constitution itself or in constitutionally authorized Acts of Congress, to define the moral, political, and legal character of their lives.”

The United States is a “Federal corporation”. [See 28 U. S. Code § 3002]  This is not an opinion, it is a FACT!

 

 

 

 

 

As the CEO of the Federal corporation, the President has the authority to issue Executive Orders to employees of the Federal corporation, its agencies, departments, commissions, boards or other entities of the United States, and all instrumentalities (the States) of the United States corporation.

I hereby define my political and legal characters as follows:
Be it known by all that I John Doe, as a living flesh and blood man, that on this 3rd day in the month of November, in the year 2016 do hereby give notice to all in the world . . .

Regulations, statutes, rules and ordinances are written for legal “Persons” and “Parties”, neither of which are living flesh and blood men or women. All are artificially created (versus naturally conceived) legal entities.

UCC § 1-201. General Definitions.
(a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other articles of the Uniform Commercial Code that apply to particular articles or parts thereof, have the meanings stated.
(b) Subject to definitions contained in other articles of the Uniform Commercial Code that apply to particular articles or parts thereof:

(26) “Party”, as distinguished from “third party”, means a person that has engaged in a transaction or made an agreement subject to the Uniform Commercial Code.
(27) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

. . . that I am not a citizen of the United States.

According to 28 U.S. Code § 1746 there are two recognized political characters – without the United States corporation and within the United States corporation – a U.S. Citizen.

28 U.S. Code § 1746 – Unsworn declarations under penalty of perjury
Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:

(1) If executed without the United States [corporation]: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).
(Signature)”.

(2) If executed within the United States [corporation], its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).
(Signature)”.

Any who wish to challenge this admission must do so by responding to this notice within 30 days of the last post date.

Notice is also given to any one in the world who may have a contract (or unsigned presumed contract) under the above name, living at the below address, that this notice serves as an addendum to all contracts, agreements or presumptions ab initio, in which the signatory name may (or may not) appear.

As the man or woman publishing this notice has been a living man or woman from inception, the term ab initio applies.

Ab initio definition from legal-dictionary.thefreedictionary.com:
“An agreement is said to be “void ab initio” if it has at no time had any legal validity.

“The illegality of the conduct or the revelation of the real facts makes the entire situation illegal ab initio (from the beginning), not just from the time the wrongful behavior occurs.”

Notice that the following be included as part and above the signatory name: “without prejudice.”

Uniform Commercial Code § 1-308 allows you to reserve the right not to be compelled to perform under any contract or commercial agreement that you did not enter knowingly, voluntarily and intentionally.

UCC § 1-308. Performance or Acceptance Under Reservation of Rights.
(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice,” “under protest,” or the like are sufficient.

And Uniform Commercial Code § 1-305 demands that this remedy be liberally administered.

UCC § 1-305. Remedies to be Liberally Administered.
(a) The remedies provided by [the Uniform Commercial Code] must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in [the Uniform Commercial Code] or by other rule of law.

Let it be known to all that this notice also serves to amend my son’s Certificate of Life Birth and rebut any presumption that the State has parental authority (parens patriae doctrine) over my son,  Jimmy John Doe (date of birth: 5-7-09).

From the Certificate of Live Birth the State generates the Birth Certificate of JIMMY JOHN DOE, thus creating the artificial legal person, which it owns. This action creates a presumption that the State is the “supreme guardian” of Jimmy John Doe, which must be rebutted.

Parens patriae definition from legal-dictionary.thefreedictionary.com:
In the United States, the parens patriae doctrine has had its greatest application in the treatment of children, mentally ill persons, and other individuals who are legally incompetent to manage their affairs. The state is the supreme guardian of all children within its jurisdiction, and state courts have the inherent power to intervene to protect the best interests of children whose welfare is jeopardized by controversies between parents. This inherent power is generally supplemented by legislative acts that define the scope of child protection in a state.

UCC § 1-206. Presumptions.
Whenever the Uniform Commercial Code creates a “presumption” with respect to a fact, or provides that a fact is “presumed,” the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.

The Notice of Condition Precedent creates evidence that the mother and/or father did not knowingly, voluntarily or intentionally pledge their son(s) and/or daughter(s) into the State’s jurisdiction.

All responses to be addressed as follows. Note that all three line addresses will be returned to sender.

John Doe
307 John’s Road
Akron, Ohio [12345]
united States of America

When the post office delivers the notice the cancelled stamp can be used as an acknowledgement that the post office recognizes the united States of America – which is “without” the jurisdiction of the United States corporation.

This sample notice depicts a cured and delivered Notice of Condition Precedent ready to be implemented for a “future event, upon the happening of which the obligation becomes no longer binding upon the other party, if he chooses to avail himself of the condition.”

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