AFFIDAVIT OF TENDER OF PAYMENT ACKNOWLEDGEMENT AND DISCHARGE

John Perry Doe , Secured Party and Paramount Title Holder to the JOHN P. DOE
Estate
RFD/In Care of: 100 Dixon Avenue Bay Shore Territory, Commonwealth of Virginia
[9998]

New York State Department of Taxation and Finance

Attn: Commissioner Michael R. Schmidt/or successor Harriman Campus Road, Albany,
New York [12226]

PRIVATE INDEPENDENT ADMINISTRATIVE PROCESS-ARTICLE I REDRESS OF GRIEVENCE

UNDER NINTH AMENDMENT RESERVATIONS FOR RESOLUTION AND EQUITABLE SETTLEMENT UNDER
NECESSITY

RE: Legal Tender of Payment & Discharge

I, John Perry Doe, Secured Party and Paramount Title Holder to the JOHN P. DOE
Estate, hereinafter referred to as Affiant, hereby certify and declare under
penalty of perjury upon the unlimited commercial liability of Affiant, on and for
the public record, that the following facts are true and correct to the best of the
Affiants personal knowledge, understanding and belief. Affiant declares that:

1. Affiant is of the age of majority, of sound mind and competent to testify.

2. Affiant is domiciled in the nation/state (Commonwealth of Virginia), a member

republic of the Union established by the articles of confederation and later
perfected by the addition of the constitution for the united states.

3. Affiant is a national of the nation/state (Commonwealth of Virginia), as

contemplated by the act of Congress evidenced and restated at 8 U.S.C. § 1101(a)
(21). SOURCE: https://www.law.cornell.edu/rio/citation/128_Stat._567 [LII U.S. Code
Title 8. ALIENS AND NATIONALITY Chapter 12. IMMIGRATION AND NATIONALITY Subchapter
I. GENERAL PROVISIONS Section 1101. Definitions 8 U.S. Code § 1101. Definitions
(a) As used in this chapter— (21) The term “national” means a person owing
permanent allegiance to a state.]

4. Affiant is aware and knows that the U.S. Bankruptcy is verified in Senate Report
No. 93-549 93rd Congress, 1stSession (1973), “Summary of Emergency Power Statutes,”
Executive Orders 6073, 6102, 6111 and by Executive Order 6260 on March 9, 1933,
under the “Trading With The Enemy Act” (Sixty-Fifth Congress, Session I, Chapters
105, 106, October 6, 1917), and as further codified at 12 U.S.C.A. 95(a) and (b) as
amended.
SOURCE:[LII U.S. Code Title 12. BANKS AND BANKING Chapter 2. NATIONAL BANKS
Subchapter IV. REGULATION OF THE BANKING BUSINESS; POWERS AND DUTIES OF NATIONAL
BANKS Section 95. Emergency limitations and restrictions on business of members of
Federal Reserve System; designation of legal holiday for national banking
associations; exceptions; “State” defined 12 U.S. Code § 95. Emergency limitations
and restrictions on business of members of Federal Reserve System; designation of
legal holiday for national banking associations; exceptions; “State” defined (a) In
order to provide for the safer and more effective operation of the National Banking
System and the Federal Reserve System, to preserve for the people the full benefits
of the currency provided for by the Congress through the National Banking System
and the Federal Reserve System, and to relieve interstate commerce of the burdens
and obstructions resulting from the receipt on an unsound or unsafe basis of
deposits subject to withdrawal by check, during such
emergency period as the President of the United States by proclamation may
prescribe, no member bank of the Federal Reserve System shall transact any banking
business except to such extent and subject to such regulations, limitations and
restrictions as may be prescribed by the Secretary of the Treasury, with the
approval of the President. Any individual, partnership, corporation, or
association, or any director, officer or employee thereof, violating any of the
provisions of this section shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than $10,000 or, if a natural person,
may, in addition to such fine, be imprisoned for a term not exceeding ten years.
Each day that any such violation continues shall be deemed a separate offense.]
Proc. No. 2725. Exemption of Member Banks of Federal Reserve System Proc. No. 2725,
Apr. 7, 1947, 12 F.R. 2343, 61 Stat. 1062, provided: NOW, THEREFORE, I, HARRY S.
TRUMAN, President of the United States of America, acting under and by virtue of
the authority vested in me by section 5(b) of the Trading with the Enemy Act of
October 6, 1917, 40 Stat. 415, as amended [50 U.S.C. 4305(b)], and section 4 of the
act of March 9, 1933, 48 Stat. 2 [12 U.S.C. 95] and by virtue of all other
authority vested in me, do hereby, in the interest of the internal management of
the Government, proclaim, order, direct, and declare that the said proclamations of
March 6 and March 9, 1933, and Executive order of March 10, 1933, as amended, are
further amended to exclude from their scope banking institutions which are members
of the Federal Reserve System: Provided, however, That no banking institution shall
pay out any gold coin, gold bullion, or gold certificates, except as authorized by
the Secretary of the Treasury, or allow
the withdrawal of any currency for hoarding. This proclamation shall become
effective as of March 15, 1947.[SOURCE:https://uscode.house.gov/view.xhtml?
req=TRADING+WITH+THE+ENEMY+ACT&f=treesort&fq=true&num=3&hl=true&edition=prelim&gran
uleId=USC-prelim-title12-section95]

5. Affiant is aware and knows that any transaction to discharge debt liability in
accordance and compliance with UCC 3-104, 3-311, 3-603; Title IV, Sec 401(FRA); USC
Title 12; USC Title 28 § 1631, 3002; Title 31 § 5118 and the Foreign Sovereign
Immunity Act under necessity, in light of the fact that the several States are in
violation of Article I, Section X of the U.S. Constitution.

6. Affiant is aware and knows that the Affiant as the Undersigned Secured Party is
“Holder in Due Course” of the Preferred Stock (United States – February 21, 1871;
16 Stat I. 419): and holds a prior, superior, security interest and claim on the
DEBTOR and Debtor’s property.

7. Affiant is aware and knows that any documents transmitted on behalf of the
Debtor to discharge debt liability on behalf of the Debtor are in full accord with
HJR-192 (June 5, 1933), Public Law 73-10, UCC 3-419, 3-311, 3-603, 3-415, 1-104 and
10-104/ 2A-104.

8. Affiant is aware and knows that Affiant is “Holder in Due Course” of the
deficient account by Affiant’s acceptance and retains first priority; and by said
acceptance of any “claim(s)” has eliminated any controversy in the matter by
exhaustion of the Affiant’s private administrative process/remedy under necessity
supported by scripture and ‘Self Help’ via UCC 3-311, 3-603,1-201 (34) per Official
Comments – “Remedy” and Affiant is not protesting on behalf of the Debtor.

9. Affiant is aware and knows that the undersigned Affiant has been estopped from
using and has no access to ‘lawful constitutional money of exchange’ (See: U.S.
Constitution – Art. I § X , Title 31 USC § 5118) to ‘PAY DEBTS AT LAW,’ and
pursuant to HJR-192, can only discharge fines, fees, debts, and judgments ‘dollar
for dollar’ via commercial paper or upon Affiant’s exemption

10. Affiant is aware and knows that legal tender, under the Uniform Commercial Code
(U.C.C.), Section 3-104, 1-201 (24), (Official Comment); “The referenced Official
Comment notes that the definition of money is not limited to legal tender under the
U.C.C. The test adopted is that of sanction of government, whether by authorization
before issue or adoption afterward, which recognizes the circulating medium as a
part of the official currency of the government. The narrow view that money is
limited to legal tender is rejected.”

11. Affiant is aware and knows that the Federal Reserve Bank of Chicago in its
booklet: MODERN MONEY MECHANICS page 3, states: “In the United States neither paper
currency [e.g., Federal Reserve Notes] nor deposits have value as commodities.
Intrinsically,a dollar bill is just a piece of paper, deposits, merely book
entries.” The acceptance of said “currency” is merely a “confidence” game
predicated upon the people’s faith or “confidence” that these
currencies/instruments can be exchanged/accepted for goods and services.

12. Affiant relies upon and is aware that the “giving a (Federal Reserve) note does
not constitute payment.” See Echart v. Commissioners C.C.A., 42 Fd2d 158.

13. Affiant is aware and knows that the use of a (federal reserve) ‘Note’ is only a
promise to pay. See Fidelity Savings v Grimes, 131 P2d 894.

14. Affiant is aware and knows that legal tender (Federal Reserve) Notes are not
good and lawful money of the United States. See Rains v State, 226 S.W. 189.

15. Affiant is aware and knows that (federal reserve) ‘Notes do not operate as
payment in the absences of an agreement that they shall constitute payment. ” See
Blachshear Mfg. Co. v Harrell , 2 S.E. 2d 766.

16. Affiant is aware and knows that Federal Reserve Notes are valueless. See IRS
Codes Section 1.1001-1 (4657) C.C.H.).

17. Affiant is aware and knows that in light of the holding of Fidelity Bank
Guarantee vs. Henwood, 307 U.S. 847 (1939), and taking notice of …”As of October
27, 1977,legal tender for discharge of debt is no longer required. That is because
legal tender is not in circulation at par with promises to pay credit. There can be
no requirement of repayment in legal tender either, since legal tender was not
loaned [nor in circulation] and repayment [or payment] need only be made in
equivalent kind; A negotiable instrument.”

18. Affiant is aware and knows that the various and numerous references to Case
Law, Legislative History, State and Federal Statutes/Codes, Federal Reserve Bank
Publications, Supreme Court decisions, the Uniform Commercial Code, U.S. organic
Constitution, State Constitutions, and general recognized maxims of Law as cited
herein and throughout, establish the following:
a. That the U.S. federal government did totally and completely debase the organic
lawful constitutional coin of the several states of the Union and of the United
States; and
b. That the federal government and the several United States have, and continue to,
breach the express mandates of Article I, §§ 8 & 10 of the federal Constitution
regarding the minting and circulation of lawful coin; and
c. That the lawful coin (i.e. organic medium of exchange) and the former ability to
PAY debts – has been replaced with fiat, paper currency, with the limited capacity
to only DISCHARGE debts; and
d. That the Congress of the United States did legislate and provide the American
people a remedy/means to discharge all debts “dollar for dollar” via HJR 192 – due
to the declared Bankruptcy of the Corporate United States via the abolition of
constitutional coin and currency; and
e. That the corporate United States, the several states of the Union,
intergovernmental organizations, and other nations of the world recognize this
current, circulating medium of exchange as commercial paper/instruments, negotiable
or non-negotiable, the same being accepted as legal tender or money, etc., as set
forth in the Uniform Commercial Code; and
19. Affiant is aware and knows that pursuant to ‘State and Federal’ TENDER OF
PAYMENT statutes; f. That the Affiant’s acceptance of any monetary/debt presentment
and/or demand for payment as presented by any person, natural or corporate, can be
returned for discharge, the same constituting the negotiable instrument so bearing
the exemption of the Affiant upon any said monetary/debt presentment and/or demand
for payment as a non-cash accrual item is but another form of legal tender, money,
currency emanating from the Creditor. “Whatever is tendered as payment, whether
property, money or an instrument, if accepted, the debt is discharged.” [Also see;
UCC 3-311, 3-603 and 3-601]

20. Affiant is aware and knows that the United States has a treaty with the
Universal Postal Union (UPU) in Bern Switzerland.

21. Affiant is aware and knows that the terms and conditions of said treaty must be
followed by all who choose to use the United States Postal Service for all
mailings.

22. Affiant is aware and knows that all complaints of Mail Fraud can be handled
through the UPU, including but not limited to any attempts to defraud eminating
from your office.

23. Affiant is aware and knows that in the event of any opposition to this “
Affidavit of Legal Tender of Payment Acknowledgement and Discharge” the opposition
must be done by rebutting each and every point, point by point and making said
rebuttal public record, signed in the rebutting party's full Christian/Family name,
under penalty of the Law including but not limited to perjury.

24. Affiant testifies that Affiant has in fact Tendered a Payment by way of
Negotiable Instrument (Postal Money Order # 25220150493) in “ full Satisfaction of
all claims” regarding account number # DF57347K1 [Please see attached copy] on or
about September 8th2018 in accordance with the stipulated conditions set forth in
UCC 3-311.

25. If this acquisitioning mechanism is denied for any reason, denying John Perry
Doe, Secured Party and Paramount Title Holder to the JOHN P. DOE Estate,his rights,
titles and interests and/or to draw upon his claim and interest in the
Gold/Obligations held by the Treasury of the United States of America and his
deficiency payment caused by the WAR AND EMERGENCY ACT (Executive Order(s) 2039 and
2040), under public policy (private law) of the ‘New Deal’ Cheap Food Policy (and
others), then this act will be in direct violation of the Constitution for the
united states of America, seventeen-hundred and eighty-seven, because involuntary
servitude has been abolished [Also see: Circular 3591, Title 18 USC § 41, 52, 1951,
88, 444, 443, 241, 242] and the undersigned, pursuant to his First Amendment Right,
one of those Rights public servants are obligated to protect, to not be compelled
to be a part of a corporation, church, communistic State or to make selfsacrifice
to a false god.

26. This form of acquisition, secured by Accounts receivable (on Deposit with the
Treasury) for non-payment by the United States Treasury, and for the purpose of
discharging payment in like kind, debt-for-debt, which is an alternative means by
which John Perry Doe, Secured Party and Paramount Title Holder to the JOHN P. DOE
Estate, has for discharging the debt placed on him by the UNITED STATES (and ‘its’
subsidiaries).

This letter, in support of the afore mentioned Tender of Payment (Postal Money
Order # 25220150493), shall constitute a discharge of all claims.

Affiant asserts the provisions set forth by UCC 3-311 ("Accord and Satisfaction by
use of Instrument") are fully enforceable by established practice within Public Law
and is further evidenced by the following points upon which this Affiant has relied
regarding his understanding, knowledge and belief:
1. Intent of the receiving party is not taken into consideration regarding rules of
Accord and Satisfaction; See: Holley v. Holley, Idaho App. 1996, 915 P.2d 733, 128
Idaho 503.
2. Verbiage such as "Upon Receipt" and the like is acceptable; See: In re Runge,
Bkrtcy. D.N.H. 1998, 226 B.R. 298.
3. Words of protest have no affect upon rules of Accord and Satisfaction; See:
McMahon Food Corp. v. Burger Dairy Co., C.A. 7 (Ill.) 1996, 103 F.3d 1307,
(Rehearing Denied).
4. Lack of perceiving and/or acknowledging Accord and Satisfaction has no affect
upon effectiveness of Accord and Satisfaction; See: McMahon Food Corp. v. Burger
Dairy Co., C.A. 7 (Ill.) 1996, 103 F.3d 1307, (Rehearing Denied).
5. Obliteration and/or effacing verbiage has no affect upon the provisions set
forth in Accord and Satisfaction; See: Holley v. Holley, Idaho App. 1996, 915 P.2d
733, 128 Idaho 503.
6. Accord and Satisfaction done once is sufficient, even if additional payments
were made after the fact. Debtor is entitled to full reimburstment for all
subsequent payments; See: Austin v. Padgett, Miss. 1996, 678 So.2d 1002.
This being the stated position of the Undersigned, Affiant hereby demands the
Undersigned be provided with an immediate Discharge of aledged DEBT (referenced to
account # DF57347K1) within 5 calendar days upon reciept of this Affidavit,
or alternatively, bring suit so this matter can be adjudicated. This being the
complete agreement between the parties with no reservations.

As affirmation, I affirm that in accordance with the best of Affiant’s first hand
knowledge and conviction the foregoing is true, correct, and not misleading.
The same under asseveration Date:_________________________Signed
By:_____________________________ John Perry Doe, Attorney in Fact Secured Party,
Paramount Title Holder to Prove affidavit wrong