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Security Promise 524

Excerpts from a note (uniform instrument) and a Deed of Trust (security


instrument to have secured to the note or was it to secure to the obligation?:

As example, verbiage typically found within a Uniform Note:


9. Waivers
I and any other person who has obligations under this note waive the
right of Presentment and Notice of Dishonor. Presentment means
the right of the Note Holder to demand payment of amounts due.
Notice of Dishonor means the right to require the Note Holder to
give notice to other persons that the amounts due have not been paid.
10. Uniform Secured Note
This Note is a uniform instrument with limited variations in some
jurisdictions. In addition to the protections given to the NoteHolder
under this Note, a Mortgage, Deed of Trust, or Security Deed (the
Security Instrument) dated as this same date as this Note, protects the
NoteHolder from possible losses which might result if I do not keep
my promise which I make in this Note
The Security Instrument:
23. Reconveyance
Upon payment of all sums secured by this Security Instrument
Inspection of the endorsement (stamping) appearing upon the face of the Note
reflects the Note was made Payable to the Order of ______ (unidentified
Payee/NoteHolder) without recourse from the originating Lender (NoteHolder).
Here is the necessity to prove the endorsement was to be a Special Indorsement
for if the endorsement was to create a Bearer Instrument by accepting the
stamping as being a Blank Indorsement to create a Bearer Instrument, the
Security Instrument securing
Appears that the Note evidences a promise to pay (obligation.)

Could it be the Security Instrument evidences an alternate means to pay


(obligation?)
Lets consider the Uniform Commercial Codes definition of Presentment :
3-501. PRESENTMENT.
(a) "Presentment" means a demand made by or on behalf of a person
entitled to enforce an instrument (i) to pay the instrument made to the
drawee or a party obliged to pay the instrument or, in the case of a
note or accepted draft payable at a bank, to the bank, or (ii) to accept
a draft made to the drawee.
(b) The following rules are subject to Article 4, agreement of the
parties, and clearing-house rules and the like:
(1) Presentment may be made at the place of payment of the
instrument and must be made at the place of payment if the instrument
is payable at a bank in the United States; may be made by any
commercially reasonable means, including an oral, written, or
electronic communication; is effective when the demand for payment
or acceptance is received by the person to whom presentment is
made; and is effective if made to any one of two or more makers,
acceptors, drawees, or other payors.
(2) Upon demand of the person to whom presentment is made, the
person making presentment must (i) exhibit the instrument, (ii) give
reasonable identification and, if presentment is made on behalf of
another person, reasonable evidence of authority to do so, and (iii)
sign a receipt on the instrument for any payment made or surrender
the instrument if full payment is made.
(3) Without dishonoring the instrument, the party to whom
presentment is made may (i) return the instrument for lack of a
necessary indorsement, or (ii) refuse payment or acceptance for
failure of the presentment to comply with the terms of the instrument,
an agreement of the parties, or other applicable law or rule.
(4) The party to whom presentment is made may treat presentment as
occurring on the next business day after the day of presentment if the
party to whom presentment is made has established a cut-off hour not

earlier than 2 p.m. for the receipt and processing of instruments


presented for payment or acceptance and presentment is made after
the cut-off hour.
Now the Uniform Commercial Codes definition of Dishonor:
3-502. DISHONOR.
(a) Dishonor of a note is governed by the following rules:
(1) If the note is payable on demand, the note is dishonored if
presentment is duly made to the maker and the note is not paid on the
day of presentment.
(2) If the note is not payable on demand and is payable at or through
a bank or the terms of the note require presentment, the note is
dishonored if presentment is duly made and the note is not paid on the
day it becomes payable or the day of presentment, whichever is later.
(3) If the note is not payable on demand and paragraph (2) does not
apply, the note is dishonored if it is not paid on the day it becomes
payable.
(b) Dishonor of an unaccepted draft other than a documentary draft is
governed by the following rules:
(1) If a check is duly presented for payment to the payor bank
otherwise than for immediate payment over the counter, the check is
dishonored if the payor bank makes timely return of the check or
sends timely notice of dishonor or nonpayment under Section 4-301 or
4-302, or becomes accountable for the amount of the check under
Section 4-302.
(2) If a draft is payable on demand and paragraph (1) does not apply,
the draft is dishonored if presentment for payment is duly made to the
drawee and the draft is not paid on the day of presentment.
(3) If a draft is payable on a date stated in the draft, the draft is
dishonored if (i) presentment for payment is duly made to the drawee
and payment is not made on the day the draft becomes payable or the
day of presentment, whichever is later, or (ii) presentment for

acceptance is duly made before the day the draft becomes payable
and the draft is not accepted on the day of presentment.
(4) If a draft is payable on elapse of a period of time after sight or
acceptance, the draft is dishonored if presentment for acceptance is
duly made and the draft is not accepted on the day of presentment.
(c) Dishonor of an unaccepted documentary draft occurs according to
the rules stated in subsection (b)(2), (3), and (4), except that payment
or acceptance may be delayed without dishonor until no later than the
close of the third business day of the drawee following the day on
which payment or acceptance is required by those paragraphs.
(d) Dishonor of an accepted draft is governed by the following rules:
(1) If the draft is payable on demand, the draft is dishonored if
presentment for payment is duly made to the acceptor and the draft is
not paid on the day of presentment.
(2) If the draft is not payable on demand, the draft is dishonored if
presentment for payment is duly made to the acceptor and payment is
not made on the day it becomes payable or the day of presentment,
whichever is later.
(e) In any case in which presentment is otherwise required for
dishonor under this section and presentment is excused under Section
3-504, dishonor occurs without presentment if the instrument is not
duly accepted or paid.
(f) If a draft is dishonored because timely acceptance of the draft was
not made and the person entitled to demand acceptance consents to a
late acceptance, from the time of acceptance the draft is treated as
never having been dishonored.
To further information of law found in the Uniform Commercial Code:
3-504. EXCUSED PRESENTMENT AND NOTICE OF
DISHONOR.
(a) Presentment for payment or acceptance of an instrument is
excused if (i) the person entitled to present the instrument cannot with
reasonable diligence make presentment, (ii) the maker or acceptor

has repudiated an obligation to pay the instrument or is dead or in


insolvency proceedings, (iii) by the terms of the instrument
presentment is not necessary to enforce the obligation of indorsers or
the drawer, (iv) the drawer or indorser whose obligation is being
enforced has waived presentment or otherwise has no reason to
expect or right to require that the instrument be paid or accepted, or
(v) the drawer instructed the drawee not to pay or accept the draft or
the drawee was not obligated to the drawer to pay the draft.
(b) Notice of dishonor is excused if (i) by the terms of the instrument
notice of dishonor is not necessary to enforce the obligation of a party
to pay the instrument, or (ii) the party whose obligation is being
enforced waived notice of dishonor. A waiver of presentment is also a
waiver of notice of dishonor.
(c) Delay in giving notice of dishonor is excused if the delay was
caused by circumstances beyond the control of the person giving the
notice and the person giving the notice exercised reasonable diligence
after the cause of the delay ceased to operate.
Returning to evidentiary proof:\
3-505. EVIDENCE OF DISHONOR.
(a) The following are admissible as evidence and create a
presumption of dishonor and of any notice of dishonor stated:
(1) a document regular in form as provided in subsection (b) which
purports to be a protest;
(2) a purported stamp or writing of the drawee, payor bank, or
presenting bank on or accompanying the instrument stating that
acceptance or payment has been refused unless reasons for the refusal
are stated and the reasons are not consistent with dishonor;
(3) a book or record of the drawee, payor bank, or collecting bank,
kept in the usual course of business which shows dishonor, even if
there is no evidence of who made the entry.
(b) A protest is a certificate of dishonor made by a United States
consul or vice consul, or a notary public or other person authorized to
administer oaths by the law of the place where dishonor occurs. It

may be made upon information satisfactory to that person. The protest


must identify the instrument and certify either that presentment has
been made or, if not made, the reason why it was not made, and that
the instrument has been dishonored by nonacceptance or nonpayment.
The protest may also certify that notice of dishonor has been given to
some or all parties.
From Bankruptcy Court opinions and per the rule of law, the federal bankruptcy
courts upon proper evidence and proof to provide a fresh start can discharge the
financial obligation once owed by a obligor maker but the instrument evidencing
that obligation appears to be beyond the court ruling that such instrument is also a
nullity. Whereas we know from legal history one cannot contract to kill a spouse
even if such spouse was caught in the act of he/sheing bump and grind.
Similar any financial contract written or of electronic creation cannot have terms
that waive statutory law.
Professor Levitin commented to a question posed on:
http://www.creditslips.org/creditslips/2014/11/zombie-debt-and-the-metaphysicsof-discharge.html in regards if a report to a credit rating agency constitutes an
action to collect upon a bankruptcy discharged debt. This writer agrees that
reporting facts to a credit reporting agency does not constitute an action to collect a
debt, however, reporting such in this writers opinion is a method and means of
instilling intimidation to force a party who has a discharge of obligation to
voluntary pay the discharge to remove the negative hickey.
Back in the 50s and early 60s very few shows were not in black and white, one
thing for certain, you never saw an advertisement to enhance your credit and to the
average lay person of that day a credit report really was not needed to define the
true character of the person. In watching television commercials of modern time,
routinely there is an advertisement broadcasted implying one needs to enhance
their credit rating for better opportunities. When it is finally comprehended that
there is more a stake than money, maybe this compartmentalization of this world
will return to a sensible minded thinking people. Seems as that anything you can
say, do or hump has a risk attached and as such one needs to seek counsel to
protect one from unreal attempts. To protect, one must first arise from the arse.

Okiee, what was the question posed to Professor Levitin for those who choose not
to unseat then self:
How does (a)(2) apply?
11 U.S. Code 524 - Effect of discharge:
(a)

A
discharge
in
a
case
under
this
title
(1) voids any judgment at any time obtained, to the extent that
such judgment is a determination of the personal liability of the
debtor with respect to any debt discharged under section 727, 944,
1141, 1228, or 1328 of this title, whether or not discharge of such
debt
is
waived;
(2) operates as an injunction against the commencement or
continuation of an action, the employment of process, or an act, to
collect, recover or offset any such debt as a personal liability of the
debtor, whether or not discharge of such debt is waived; and
And for those who seek to see the response:
reporting a debt as unpaid but discharged isn't an "act to collect"
a debt.
Whereas it is routinely argued that the Note (negotiable instrument) evidences the
obligation (promise of payment) a question arise, does a filed Security Instrument
evidence an alternate (promise of payment) and does such attach to the Note or to
the Obligation?
What are the definitions and applicability of obligation, promise and to who is such
owed under discharge or non discharge, forget not to consider if the contracts are
in fact lawful.
Question presents, when a judges opines and note is not enforceable one should
inquire why a non bankruptcy judge discharged not only the obligation but for
reason found the negotiable instrument being WHAT???
Forest Gump stated in the movie, stupid is a stupid does, for those who arise from
their arse forget not they are those who will not all a party to get off their arse.