CERTIFIED PROMISSORY NOTE
Registration No.: RA 111 222 333 US
Note No.: WS1000 Date: _________
Pay to: __________________________________ $____________________
__________________________DOLS CTS
Re: Account #___________________
BY ORDER OF WINSTON SHROUT, Petitioner/Maker
By: _____________________________ ____________________________
Winston Shrout, TTE, Secured Party, Creditor Witness
c/o 123 Main
Anytown, Utah [84770] ____________________________
Witness
Authorized person endorse below. Print name and official title when presenting this Instrument for
payment. Government issued ID with photograph required; i.e. driver’s license, passport, etc.
Printed name of endorser Form of photo ID
Official title of endorser Signature of endorser, date of presentment
Rt. thumb
print
On demand the undersigned maker promises paying the herein Instrument upon Uniform Commercial Code 3-501 and 3-111 presentment and
indorsement.
As an operation of Law, payee/respondent agrees by tacit admission, that there is accord and satisfaction by use of instrument tendered upon
payee/respondent’s claim and petitioner/maker is hereby discharged from liability on this account and the obligation is suspended, in accordance
with Law as codified at Utah Uniform Commercial Code 70A-3-603 and 70A-3-310 (b) and 311..
The Undersigned Maker does not waive timeliness however, if additional time is needed by payee/respondent, such additional time must be
requested in writing before the expiration thereof and the reasons as to why an extension of time is requested should be given in writing with good
cause shown. Payee/respondent’s request for an extension of time, will be considered and will be subject to approval by the undersigned maker.
In the event that the herein Instrument is not timely presented for payment within a reasonable period of time (twenty-one (21) days), and there has
been no request for an extension of time, that has been subsequently granted, then, payee/respondent agrees by tacit admission agrees that
payee/respondent has no bona fide verifiable claim to this account.
Payee/respondent agrees by tacit admission that payee/respondent has a duty to prevent this account from resulting in any damage to
petitioner/maker. Payee/respondent confesses judgment and petitioner/maker, reserves the right to initiate a counterclaim or to claim the bond or
surety of the payee/respondent or any principal(s), agent(s), or assign(s) of payee/respondent whose act(s). or failure(s) to act result in tort damages
upon petitioner/maker. Petitioner/maker(s) surety is guaranteed at 18 USC @1581, 1342, 1341, 242, 241, and 4, and at 15 USC @ 1692.
INSTRUCTIONS
This instrument is tendered in good faith by Undersigned, WINSTON SHROUT, herein referred “Maker”,
makes this specific offer in accordance with law, as uniformly codified at UCC 1-103, 1-104, 1-201(4)(28)
(30), 3-104(a)(b), and in accord with Public Policy set forth a House Joint Resolution 192, June 5, 1933,
and the Generally Accepted Accounting Principals (GAAP), Generally Accepted Auditing Standards
(GAAS), as full satisfaction of an alleged debt, expressly to discharge and extinguish alleged debt claimed
and allegedly owed in favor of payee, d/b/a, a debt collector, as per Payee”/Debt Collection presentment:
Alleged Creditor: Utah ABC Bank Alleged Account No. 123456
Alleged Amount Due $75,000.00
A true and correct copy of Presentment is attached hereto and made part hereof by this reference.
This constitutes the Maker’s promise to pay this instrument upon presentment and endorsement at the
Maker’s location based upon all conditions precedent as attached hereto and incorporated herein by this
reference. As an operation of law, Payee/Debt Collector tacitly consents and agrees that in accord with the
conditions by use of this instrument/asset for satisfying Payee’s/Debt Collector’s claim, whereby the Maker
is fully and completely discharged from any and all liability on this alleged account and the obligation is
suspended in accord with law as codified at UCC 3-310(b), 3-311, 3-603. Maker does not waive
timeliness. However, if payee/Debt Collector needs additional time, Payee/Debt Collector must present
Maker with written request for additional time within ten (10) days, excluding the day of receipt, setting
forth the specific reasons Payee/Debt Collector requests an extension of time, for good cause shown. The
acceptability of any such request received by Maker from Payee/Debt Collector is conditional upon
approval by Maker. It is the express intent of Maker, by this offer in good faith, to extinguish the alleged
obligation by Payee/Debt Collector is full, be it simple contract or statue staple, without waiver of any of
Maker’s rights, expressly reserving all rights of Maker, UCC 1-207. In the event this instrument is not
presented for payment within the time period prescribed by the “Truth in Lending Act” (Regulation –Z) at
12 CFR ch. II, part 226 et seq., and no extension of time has been requested for good cause shown,
Payee/Debt Collector, tacitly acquiesces, thereby making tacit procuration that no bona fide claim exists
now, or ever, regarding above alleged account or any other alleged account with alleged creditor.
Payee/Debt Collector tacitly agrees and consents that Payee/Debt Collector has a duty and obligation for
preventing this alleged account from damnifying the Maker in any way, shape or form, and that Payee/Debt
Collector consents and confesses judgment, contractually ratifying this compulsory counter-claim (re-
draft). Maker reserves the right to file claim against any type or kind of bond and/or insurance policy of
Payee/Debt Collector, including but not limited to its/their agents, principals, assignees of Payee/Debt
Collector, whose acts actions and omissions result in any type of kind of damnification to Maker.
CONDITIONS OF PRESENTMENT/OFFER OF PERFORMANCE
Maker’s reference to California and Washington statutory language and civil code is for the
express purpose of acting as an aide to understanding the nature and meaning of an “Offer of Performance.”
Maker does not rely on any statutes, state or federal, for the legal or lawful significance of this tender offer.
Tender of payment:
(1) Any party making tender of full payment to holder, when or after it is due, is discharged
to the extent of all subsequent liability for interest, cost, and all attorney’s fees.
(2) The Holder’s refusal of such tender wholly discharges any party who has a right of
recourse against the party making the tender.
(3) Where Maker or acceptor of an instrument payable otherwise than on demand is able and
ready to pay at every place payable specified in the instrument when it is due, it is the
equivalent to tender.
(Enacted 1899)
Holder may either accept this offer, reject this offer, or object to the mode of this offer. If the
Holder objects to the Maker’s use of Washington Session Law and Civil Code, or the California Civil Code
as an aide to understanding the nature and meaning of this offer, holder shall lodge that objection
immediately, and Maker will resubmit this offer without any reference to the statutes of the California Civil
Code, or Code of Civil Procedure and/or the Washington Session Law and Civil Code.
For the purpose of clarification please take notice of California Civil Code, Section 1501: to wit:
1501. Time for objection to mode of offer.
Objections to Mode of Tender Offer: All objections to the mode of an offer of performance, which
the creditor has an opportunity to state at the time to the person making the offer, and which could
be then obviated by him, are waived by the creditor, if not then stated.
Offer to Pay, Discharge and Extinguish Alleged Obligations:
This is a tender offer of performance with intent to extinguish the alleged liability to Holder. As
an aid to understanding the nature and meaning of Maker’s tender offer, please note the following language
from statutes enacted in 1872 by the California legislature, setting forth the commonly understood meaning
of such offer: California Civil Code, section 1485, to wit:
1485. Extinction of obligation.
Obligation Extinguished by Offer of Performance: An obligation is extinguished by an offer of
performance made in conformity to the rules herein prescribed, and with the intent to extinguish
the obligation. (Enacted 1872)
And California Civil Code, section 1498, to wit:
1498. Offer dependent upon performance of conditions.
Performance of Conditions Precedent: When a debtor is entitled to the performance of a condition
precedent to, or concurrent with, performance on his part, he may make his offer to depend upon
the due performance of such conditions. (Enacted 1872)
This offer of Maker to pay, discharge and extinguish all alleged obligations in full to Holder,
including any interest and penalties, is made dependent upon the performance of conditions to which
Maker is entitled by the fundamental principals of American Jurisprudence and Law, namely presentation
of documentary evidence showing the factual grounds of the alleged obligation whereby the Maker, makes
reference to the “Fair Debt Collection Practices Act” codified at [15 USC 1601nt., 1692 et seq.]; “Fair
Credit Billing Act” codified at [15 USC 1601 et seq.]; and the “Generally Accepted Auditing Practices”
(GAAS); the Uniform Commercial Code 2-609 “Right to Adequate Assurance of Due Performance”, 3-308
“Proof of Signatures”, 9-107 “Request for Accounting”, to wit:
1. Documentation that Holder is, in fact, the Holder in Due Course of any written express instrument,
note contract or any other type of kind of absolute evidence of obligation wherein the Holder and
Maker are named as parties, bearing a bona fide signature of Maker, to which this offer of
performance refers.
The term “Signature”, means and includes any symbol executed or adopted by a party with present
intention to authenticating the validity of a writing. “Bona Fide Signature” in contracts, any symbol
executed or adopted by a party attesting that the party voluntarily entered into the agreement in good faith,
and that all terms, conditions, and obligations were fully disclosed, and that the party fully understood the
consciousness of the instrument.
2. Documentation that Holder or an Agent of Holder disclosed all the terms, conditions and
obligations of any written express instrument, note, contract or any other evidence of obligation
Holder alleges Holder is holding in due course.
3. Documentation of who performed the disclosure, what procedures were implemented by Holder to
insure that Maker received full disclosure of the terms conditions, relevant circumstances, and
obligation of any written express instrument, note, contract or any other evidence of obligation
which Holder, holds in due course.
4. Documentation of the facts necessary to establish that Maker is specifically and unequivocally
made liable by law for the payment of the obligation alleged by Holder, and that, Holder clearly
identifies the particular state(s), code(s), regulation(s), corporate by-laws, which have been
promulgated, that create liability for the payment of the obligation alleged by Holder.
5. Documentation of the facts necessary to establish that Maker is subject to the legislative
jurisdiction regulation and control of the legislative or corporate entity which created the
obligation alleged by Holder.
6. Documentation of facts necessary to establish that Maker is specifically and unequivocally made
liable by state staple for payment of obligation alleged by Holder, and that clearly and accurately
identifies the particular express simple contract, confession of judgment and recognizance, that
created the liability for any type of kind of obligation alleged by Holder.
7. Documentation of the facts necessary to identify the specific property upon which the obligation
alleged by Holder actually come into the possession and control of Maker.
8. Documentation that provides any controversy requiring adjudication or a determination as to
whether or not any material fact allegedly claimed is based upon actual, personal, first hand
knowledge, sworn under penalty of perjury, i.e., by the Real Party in Interest, i.e., Actual Creditor,
and not the Holder, Holder’s agent’s, representatives, transferees or assigns.
9. Documentation necessary to verify in substance and in fact that Holder, is not an insolvent,
bankrupt entity, operating under color of law, color of authority, using fictions of law to obtain an
otherwise unobtainable solution.
10. Documentation that provides absolute proof positive that this “offer of Performance,” i.e.,
“Certified Promissory Note” is a refusal to pay or perform. (UCC 9-102(a)(64) (Federal Reserve
Bank Chicago, “Modern Money Mechanics” pg. 6)
11. Documentation which provides the name and address of original creditor, i.e., Real Party in
Interest. Documentation of the facts necessary to identify conclusively the specific property upon
which the obligation alleged by Holder has been imposed by legislative enactment, statute staple,
corporate by-laws, having been promulgated, which bears all material circumstances, likely
consequences, giving an equal exchange of consideration full disclosure to Maker.
12. (Applicable to BAR attorney’s only) Please produce a certified copy of your registration
statement, and/or exemption statement for the “Attorney General of the United States”, and /or
“Secretary of State of the United States”, in accord with the “Foreign Agents Registration Act” of
June 8, 1938, c. 327, p. 1-3, 52 Stat. 80), codified for reference at 18 USC 951. Agents of Foreign
Governments, having sworn an oath of foreign allegiance to the British Accredited Regency and as
such will provide Maker with absolute evidence that BAR attorney is not racketeering and
privateering for unlawful profit and gain thereby requiring RICO contravention.
13. Documentation necessary which provides the absolute fact that “Certified Promissory Note” is not
an asset that can be sold for cash exchanged for a check, and is not legal tender. (Federal Reserve
Bank of New York, “I Bet You Thought…”)
14. Documentation which verifies, under penalty of perjury that no charge-offs, charge-backs,
insurance claims, tax write offs, tax deductions, have been made in relationship to this alleged
debt.
15. Documentation necessary which provides any type of kind of transfer, assigns, of alleged original
debt by Real Party in Interest, to an agent, transferee, representative or the like, such
documentation shall be provided under oath, with penalties of perjury.
16. Provide a Bona Fide, judgment or order of a court, which provides an authenticated “signature” of
any judge on the page of the order or judgment, or provide an “Affidavit” sworn to under penalty
of perjury of any such judge that a bona fide judgement of a form bearing the correct OMB
number exists and is enforceable under an “Aritcle III Case and Controversy,” I accord with the
Constitution for the united States of America (1789).
Maker does ot waive timeliness. If additional time is needed, however, Holder must make a
request in writing before expiration of said T+72 hours, time period described above, setting forth Holder’s
reasons with good cause shown for requesting such extension of time, the granting of which however, is
conditional solely upon the decision of Maker.
In the event that Holder does not respond to this offer of performance within the prescribed time
limit for response, and there has been no request for extension of time, with good cause shown, within said
tijme period, Holder tacitly acquiesces, thereby meaning tacit procuration that Holder has no bona fide,
lawful verifiable claim, and that, Holder waives any and all claims against Maker. Holder further stipulates
by and through their tacit acquiescence that any further attempts by Holder, Holders agents, representatives,
transferees, or assigns to collect alleged obligation will be viewed by Maker as malicious harassment with
intent to defraud, and Holder further agrees that Holder must compensate Maker for all costs, fees, and
expenses incurred defending against any collection attempts by Holder regarding alleged obligation.
Holder also tacitly consents and agrees that Holder has a duty for preventing this alleged account
from damaging Maker in any way, shape or form. Holder confesses judgment and Maker reserves the right
to:
(a) Initiate counterclaim against holder
(b) Filing claim against the bond insurance policy of any and all parties responsible,
including but not limited to Holder, principals, agents, representatives, transferees or
assigns of Holder, whose acts, actions and omissions result in tort damages against
Maker.
Holder(s) refusal/failure to present this Certified Promissory Note to the Maker within ten (10)
days accorded by the “Truth in Lending Act” excluding the day of receipt, and/or refusal/failure to provide
Maker with request for extension of time for good cause shown, will constitute for and on the permanent
record that Maker’s “Certified Promissory Note” has fully and completely discharged and extinguished any
and all liability and obligation of Maker to Holder.
In accord with Law of Estoppel. Silence. “The state of a person who does not speak, or of one
who refrains from speaking. In the law of estoppel, “silence” implies knowledge and an opoportunity to act
upon it.” Pence v. Langdon, 99 US 578, 581, 25 L.Ed 420; Stewart v. Wyoming Cattle Ranch Co., 128 US
383, 9 S.Ct. 101, 32 L.Ed. 439. “Such estoppel arises where person under duty to another to speak or
failure to speak is inconsistent with honest dealings.” Also see “Laches” and Laches, estoppel by Black’s
Law Dictionary 6th Ed. pg. 875.
Therefore, Holder(s) refusal/failure to respond constitutes confession of judgment, and Holder
may not later controvert, argue, rebut or refute this “Tender/Offer of Performance” and the alleged liability,
obligation is fully and completely discharged and extinguished.
Due process of law is guaranteed both Maker and Holder, referencing [18 USC 4, 241, 242, 1581]
and [15 USC 1692 et seq.] and elsewhere.
________________________________ _________
WINSTON SHROUT, Maker date
______________________________________________________
Winston Shrout, TTE; The only Authorized
Representative for Maker; Unlimited Liability Capacity; All Rights
And Defenses Reserved Without Prejudice, UCC 1-308
VERIFIED ACKNOWLEDGEMENT AND JURAT
Personally appeared before me Secured Party Creditor, as evidence by Certified Copy of Secretary
of State, Kentucky, UCC-1 financing statement #1234567, this ____ day of ______________ , 2004, and
acknowledged to me that this “Tender Offer of Performance” is made in good faith, by Maker to extinguish
and discharge an alleged debt. Secured Party has affirmed to me as to the truth, relevancy and accuracy of
this instrument, and certifies that the contents stated therein are true, correct, complete and not misleading,
the truth, the whole truth and nothing but the truth in law, commerce and substantial citation certified under
penalty of perjury in accord with the laws of the Commonwealth of Kentucky, Utah state and united states
of America, and further acknowledged to me he executes the same in his authorized capacity by affixing his
lawful signature hereon.
WITNESS my hand and official seal.
_______________________________ seal
NOTARY PUBLIC
