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United States Postal Service Registered Mail Number # RR 885 585 877 US United States Postal Service Signature

Confirmation Number# 2300 2730 0000 2660 5776 Non-Negotiable AFFIDAVIT OF NOTICE OF ADEQUATE ASSURANCE OF DUE PERFORMANCE

In the Name and the Authority of the State of Texas

BEFORE ME, the undersigned authority on this day personally appeared Affiant, Sammy Aycock who being by me duly sworn, deposes and says an oath as follows:

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That this Affidavit is being made concerning a Notice of Adequate Assurance of Due Performance between Sammy Aycock, Affiant at 1720 Houston School Road Lancaster, Texas 75146 USA and Kirk Langs, President: AMERIQUEST MORTGAGE COMPANY at 505 City Parkway West, Suite 100 Orange, California 92868 USA I am of lawful age and competent to make this Affidavit. I have personal knowledge of the facts stated herein. This sworn Affidavit is made as a matter of record in my right, in my own proper person under the Constitution of the United States of America. I have rights which are inalienable and were endowed by my Creator and secured by the Constitution of the United States of America, the Bill of Rights and the Declaration of Independence. I do not waive any of my rights at this time nor do I intend to waive any of my rights under documents of freedom concerning my common law rights under the Constitution of the United States of America. I am acting in my own proper person with explicit reservation of my rights without prejudice pursuant to Uniform Commercial Code 1-308 and UCC 1-305 and such designation being filed within this Affidavit. I, Sammy Aycock in Common Law cannot be disputed of the facts stated in this Affidavit of Notice of Adequate Assurance of Due Performance. This Affidavit of Notice of Adequate Assurance of Due Performance is evidence to any acknowledgement, to any claims made to this device.

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10. Any third party may act on this Affidavit of Notice of Adequate Assurance of Due Performance to process any claims made. This as the Common Law may not be held liable for all reasons as stated and supported by this Affidavit of Notice of Adequate Assurance of Due Performance. 11. Any third party who receives this Affidavit of Notice of Adequate Assurance of Due Performance may dispute or refute any points of this Affidavit of Notice of Adequate Assurance of Due Performance by a counter-affidavit called a controverted affidavit, not disputed or refuted, third parties have agreed to all points to this Affidavit of Notice of Adequate Assurance of Due Performance and must act on this Affidavit of Notice of Adequate Assurance of Due Performance immediately upon receipt.
THIS INSTRUMENT OR OTHER ITEMS RECEIVED ARE SUBJECTED TO: PROVISIONS OF THE UNIFORM COMMERCIAL CODE AND OR OTHER ITEM OF LAW.

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United States Postal Service Registered Mail Number # RR 885 585 877 US United States Postal Service Signature Confirmation Number# 2300 2730 0000 2660 5776 Non-Negotiable 12. Respondents failure to respond within 7 days upon receipt of this notice will constitute an act of dishonor and proof of inducement by fraud. SEE ATTACHED NOTICE: Notice of Adequate Assurance of Due Performance Notice and Demand is hereby made to third parties to act immediately upon receipt of this Affidavit of Notice of Adequate Assurance of Due Performance and recognize Affiant, Sammy Aycock is common law for all reasons as stated and supported by Affidavit of Notice of Adequate Assurance of Due Performance. WHEREAS, the eternal and unchanging principles of the laws of Commerce are: 1. A matter must be expressed to be resolved... 2. In Commerce, truth is sovereign... 3. Truth is expressed in the form of an Affidavit 4. An unrebutted Affidavit stands as truth in Commerce. 5. An unrebutted Affidavit becomes Judgment in Commerce. 6. An Affidavit of Truth, under Commercial Law, can only be satisfied: (a) through a rebuttal Affidavit of Truth, point by point; (b) by payment; (c) by agreement or (d) by resolution of a jury by the rules of common law 7. A workman is worthy of his hire. 8. All are equal under the law. The Foundation of Commercial Law is based upon certain eternally just, valid, and moral precepts and truth, which have remained unchanged for at least six thousand (6000) years, having its roots in the Mosaic Law. Said Commercial Law forms the underpinnings of Western Civilization, if not all Nations, Law, and Commerce in this world. Commercial Law is non-judicial, and is prior and superior to, the basis of, and cannot be set aside or overruled by the statutes of any governments, Legislatures,, Governmental or Quasi-Governmental Agencies, Courts, Judges, and Law Enforcement agencies which are under an inherent obligation to uphold said Commercial Law. I declare under penalty of perjury under the Laws of the United States of America, that the foregoing is true, correct, complete, and not misleading and contains the truth, the whole truth, and nothing but the truth to my personal knowledge.

_____________________________________ Without Prejudice/Affiant Sammy Aycock United States of America State of Texas Dallas County * *
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THIS INSTRUMENT OR OTHER ITEMS RECEIVED ARE SUBJECTED TO: PROVISIONS OF THE UNIFORM COMMERCIAL CODE AND OR OTHER ITEM OF LAW.

United States Postal Service Registered Mail Number # RR 885 585 877 US United States Postal Service Signature Confirmation Number# 2300 2730 0000 2660 5776 Non-Negotiable SWORN TO AND SUBSCRIBED before me this _______ day of __________________ A.D., 2004

________________________________ Notary Public

NOTICE OF ADEQUATE ASSURANCE OF DUE PERFORMANCE

To:

AMERIQUEST MORTGAGE COMPANY, and Kirk Langs hereinafter: Alleged Lender

From:

Sammy Aycock, hereinafter: Alleged Borrower

Date:

Saturday, November 13, 2004

RE: Alleged loan number 0052256849-9706, this debt is disputed. Before payment is rendered, I need the details of entire loan agreement, and if alleged lender performed according to the agreement.

Dear, AMERIQUEST MORTGAGE COMPANY/Kirk Langs Agents for alleged lender, It has come to my attention, after researching the United States Code, the corresponding Code of Federal Regulations, Uniform Commercial Code, and certain Federal Reserve Bank Publications, that there is reason to believe that alleged lender is not the holder in due course of the alleged borrowers promissory note and/or may have breached the agreement concerning the above-referenced, alleged loan or loan or credit. Since alleged borrower paid money in form of a promissory note to alleged lender according to a loan agreement, the alleged borrower is now requesting Adequate Assurance of Due Performance pursuant to UCC 2-609 that alleged lender has performed according to loan agreement and that alleged original lender used their own money to purchase alleged borrowers promissory note and did not accept alleged borrowers promissory note as money or like money to fund a check or similar instrument that alleged lender then loaned to alleged borrower: which would have a economic effect similar to stealing, counterfeiting and swindling and that alleged lender has followed the federal laws 12 USC Section 1831n(a)(2)(A) and /or 12 CFR 741.6 b regarding General Accepted Accounting Principles and Generally Accepted Auditing Standards concerning this alleged loan. A copy of this dispute is going to all three major credit bureaus for assurance of compliance with federal law 15 U.S.C. 1681s-2. Alleged borrower is hereby requesting that an authorized officer or agent of alleged lender sign and return attached affidavit within 10 days of date of this notice. Also attached is an affidavit signed by alleged borrower stating alleged borrowers personal knowledge of terms of agreement. This is alleged borrowers good faith attempt to settle this matter and clear up any confusion about terms of loan agreement prior to an Administrative Hearing on the matter. Failure to respond will be deemed a dishonor of this notice. Affidavits are evidence that may be used according to State and Federal Rules of Evidence to prosecute or enforce any default by you in this matter.
THIS INSTRUMENT OR OTHER ITEMS RECEIVED ARE SUBJECTED TO: PROVISIONS OF THE UNIFORM COMMERCIAL CODE AND OR OTHER ITEM OF LAW.

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United States Postal Service Registered Mail Number # RR 885 585 877 US United States Postal Service Signature Confirmation Number# 2300 2730 0000 2660 5776 Non-Negotiable

NOTICE TO PRINCIPAL IS NOTICE TO AGENT AND NOTICE TO AGENT IS NOTICE TO PRINCIPAL

_____________________________________________ Without Prejudice/ Alleged Borrower: Sammy Aycock

AFFIDAVIT

The undersigned affiant, being duly sworn on oath, deposes and says: That he/she is an officer of a business that is in business in collecting on promissory notes or loan agreements of which we now call said business a bank. That, as an officer of the bank, he/she has the authority to execute this affidavit on behalf of the bank and to bind the bank to its provisions and said officer will have this affidavit notarized upon signing this affidavit. The policies and procedures of the Federal Reserve Bank and its member banks and major banks in America over the past 8 decades have never had a policy regarding loans to create new money or credit and lend out the new money or credit and the policies of said banks have never created the economics similar to or like stealing, counterfeiting and swindling. The policy of the bank is that the party who funded the loan, per the bookkeeping entries, is to be repaid the money. The bank loan with this bank holding the loan agreement agrees that generally accepted accounting principles were followed at all times regarding the promissory notes / loan agreements. That should it be discovered that I failed to be completely truthful as to any statement, that any and all loans or alleged loans issued or purchased at the bank are forgiven, without recourse, and shall immediately be considered null and void, signed under penalty of perjury.

Signature of Bank Officer ___________________________________________

Print name of Bank Officer___________________________________________

Name of Bank_____________________________________________________ Address of Bank____________________________________________________ City/State/Zip______________________________________________________

Sworn to and subscribed before me this _________ day of ________ , 20_______

Signature of Notary Public____________________________________________


THIS INSTRUMENT OR OTHER ITEMS RECEIVED ARE SUBJECTED TO: PROVISIONS OF THE UNIFORM COMMERCIAL CODE AND OR OTHER ITEM OF LAW.

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United States Postal Service Registered Mail Number # RR 885 585 877 US United States Postal Service Signature Confirmation Number# 2300 2730 0000 2660 5776 Non-Negotiable

THIS INSTRUMENT OR OTHER ITEMS RECEIVED ARE SUBJECTED TO: PROVISIONS OF THE UNIFORM COMMERCIAL CODE AND OR OTHER ITEM OF LAW.

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