Registered Mail Article Number: Countermand/Counterclaim Involuntary Bankruptcy (Debtor) Send International Certified Mail to: Private and

Confidential International Court of Justice Peace Palace Carnegieplein 2 2517 KJ The Hague The Netherlands General Executor defined: One whose power is not limited either territorially or as to the duration or subject of his trust. One who is to have charge of the whole estate, wherever found, and administer it to a final settlement. Involuntary Bankruptcy defined: Petition by a sufficient number of creditors, claiming a debtor has committed an Act of Bankruptcy or is not paying debts on time, asking a bankruptcy court to distribute assets to pay obligations, also called a creditor's petition. An involuntary bankruptcy petition can be filed by as few as one creditor; but if the debtor has 12 or more creditors, signatures of at least three creditors are needed. Creditors can file petitions under any chapter of the code: a Chapter 7 Liquidation of the debtor's assets, a Reorganization under Chapter 11, or a Chapter 13 repayment plan. Creditors' petitions are allowed against any business or individual except nonprofit organizations and farmers. Once a petition has been accepted by the court, it is handled as if it were a Voluntary Bankruptcy filed by the debtor. See also Bankruptcy; Priority of Lien. First To File Rule (Priority Of Lien) defined: Order in which creditors are paid when the assets of a borrower are liquidated. Creditor priority is established under the first to file rule in the Uniform Commercial Code, and is summarized as follows: creditors holding a Security Interest in collateral are paid before unsecured creditors. As a general rule, holders of secured claims are paid in the order their claims were filed, starting with the earliest recorded lien. For example, in a Voluntary Bankruptcy filed under Chapter 7 of the Bankruptcy Code, the debtor's assets are liquidated to meet unpaid obligations. In general, the bankruptcy estate is distributed as follows: (1) administrative costs, including court costs, trustee's fees, attorney's fees incurred by the debtor; (2) wage claims; (3) costs and expenses incurred by creditors; (4) federal, state and local tax claims; (5) debts having priority under federal law, i.e., claims of secured creditors, followed by claims of general creditors (unsecured creditors.) Creditors holding a perfected security interest are paid before other creditors. See also Preference; Set-Off Clause. Security Interest defined: Lender's claim to assets pledged by a borrower securing payment of an obligation. A lender's interest, also known as a Lien is said to attach to the borrower's property, and consists of two limited rights: Foreclosure and Priority. A lender who files a Financing Statement which is often the same document as the Security Agreement with the appropriate state or county official gives legal notice to other creditors that a lien has been filed. This process, known as perfecting a lien, commonly is done in commercial lending of a lien that is valid against claims of other creditors and most third parties. See also Perfected Lien. Perfected Lien defined: Security interest in collateral securing a debt protected from claims by third parties. To properly file a lien and take a security interest in property owned by the borrower, a lender must file the lien with the appropriate legal authority. Perfection of a lien on real estate is accomplished by recording the mortgage deed of trust in public land records of a municipality, such as a town clerk's office. Perfecting a lien on stocks, bonds, or other assets owned by the borrower (known as Personal Property, as opposed to Real Property or real estate) occurs when the lender files a Financing Statement (Ucc-1) listing the type of collateral securing the loan, and its location, in a designated filing place, generally the office of the Secretary of the State or a county recorder's office.

Registered Mail Article Number: The lender's financing statement gives the lender priority status ahead of creditors filing subsequent liens, and is valid for a five-year period. The filing date is recorded, and the lender's documents are assigned a file number. These documents contain a detailed record of the collateral pledged or taken by the lender, establishing the lender's claim against assets by the borrower in event that the borrower defaults or goes bankrupt. See also Continuation Statement; Preference; Priority of Lien. Whereas defined pursuant to; International Convention on Maritime Liens and Mortgages (Geneva, 6 May 1993) Whereas pursuant to; Article 4; Maritime liens; 1. Each of the following claims against the owner, demise charterer, manager or operator of the vessel shall be secured by a maritime lien on the vessel: (a) Claims for wages and other sums due to the master, officers and other members of the vessel's complement in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf; (b) Claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel; (e) Claims based on tort arising out of physical loss or damage caused by the operation of the vessel other than loss of or damage to cargo, containers and passengers' effects carried on the vessel. a) supersede all state-statutes b) take priority over all other liens (all, including court cases and mortgages, foreclosures) c) terminates all interest of the mortgagee (mortgage company, bank, financial institution, etc) d) a possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise. (Maritime Lien) Whereas defined pursuant to; 46 USC 12151 - Penalties (a) In General. A person that violates this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $10,000. Each day of a continuing violation is a separate violation. (b) Seizure and Forfeiture of Vessels. A vessel and its equipment are liable to seizure by and forfeiture to the Government if (1) the owner of the vessel or the representative or agent of the owner knowingly falsifies or conceals a material fact, or knowingly makes a false statement or representation, about the documentation of the vessel or in applying for documentation of the vessel; (2) a certificate of documentation is knowingly and fraudulently used for the vessel; (3) the vessel is operated after its endorsement has been denied or revoked under section 12152 of this title; Maritime Law defined: n. Also called "admiralty law" or "the law of admiralty," the laws and regulations, including international agreements and treaties, which exclusively govern activities at sea or in any navigable waters. In the United States federal courts have jurisdiction over maritime law. Maritime Jurisdiction defined: Jurisdiction over maritime causes is granted to Federal district courts. 28 U.S.C.A. 1333. Procedure in maritime actions is governed by the Federal Rules of Civil Procedure and Supp. Admiralty Rules. See Admiralty court. Maritime Law defined: That which the Congress has enacted or the Federal courts, sitting in admiralty, or in the exercise of their maritime jurisdiction, have declared and would apply. J. B. Effenson Co. v. Three Bays Corp., C.A.Fla., 238 F.2d 611, 615. That system of law which particularly relates to marine commerce and navigation, to business transacted at sea or relating to navigation, to ships and shipping, to seamen, to the transportation of persons and property by sea, and to marine affairs generally. The law relating to harbors, ships, and sea men, divided into a variety of subject areas, such as those concerning harbors, property of ships, duties and rights of masters and seamen, contracts of affreightment, average, salvage, etc. It extends to civil marine torts and injuries, illegal dispossession or withholding of possession from the owners of ships, municipal seizures of ships, etc. Substantively, in the United States, it is federal law, and jurisdiction to administer it is vested in the federal courts, though not to the entire exclusion of the courts of the states. O'Donnell v. Great Lakes Dredge & Dock Co., 318 U.S. 36, 63 S.Ct. 488, 87 L.Ed. 596. See Maritime jurisdiction.

Registered Mail Article Number: Maritime Lien defined: A privileged claim on a vessel for some service rendered to it to facilitate its use in navigation, or an injury caused by it in navigable waters, to be carried into effect by legal process in the admiralty court. The Westmoor, D.C.Or., 27 F.2d 886, 887. A special property right in a ship given to a creditor by law as security for a debt or claim subsisting from the moment the debt arises with right to have the ship sold and debt paid out of proceeds. Such a lien is a proprietary interest or right of property in the vessel itself, and not a cause of action or demand for personal judgment against the owner. The lien is enforced by a direct proceeding against the vessel or other property in which it exists. See Supp.Admiralty Rule C. Any person furnishing repairs, supplies, towage, use of dry dock or marine railway, or other necessaries, to any vessel, whether foreign or domestic, upon the order of the owner of such vessel, or of a person authorized by the owner, shall have a maritime lien on the vessel, which may be enforced by suit in rem, and it shall not be necessary to allege or prove that credit was given to the vessel. Federal Maritime Lien Act, 971. see attached Whereas defined pursuant to: Federal Rules of Civil Procedure Rule C. In Rem Actions: Special Provisions (1) When Available. An action in rem may be brought: (a) To enforce any maritime lien; (b) Whenever a statute of the United States provides for a maritime action in rem or a proceeding analogous thereto. Except as otherwise provided by law a party who may proceed in rem may also, or in the alternative, proceed in personam against any person who may be liable. Statutory provisions exempting vessels or other property owned or possessed by or operated by or for the United States from arrest or seizure are not affected by this rule. When a statute so provides, an action against the United States or an instrumentality thereof may proceed on in rem principles. (2) Complaint. In an action in rem the complaint must: (a) be verified; (b) describe with reasonable particularity the property that is the subject of the action; and (c) state that the property is within the district or will be within the district while the action is pending. (3) Judicial Authorization and Process. (a) Arrest Warrant. (i) The court must review the complaint and any supporting papers. If the conditions for an in rem action appear to exist, the court must issue an order directing the clerk to issue a warrant for the arrest of the vessel or other property that is the subject of the action. Whereas defined pursuant to: Rule 9. Pleading Special Matters (a) Capacity or Authority to Sue; Legal Existence. (1) In General. Except when required to show that the court has jurisdiction, a pleading need not allege: (A) a party's capacity to sue or be sued; (B) a party's authority to sue or be sued in a representative capacity; or (C) the legal existence of an organized association of persons that is made a party. (2) Raising Those Issues. To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party's knowledge. (b) Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally. (c) Conditions Precedent. In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed. But when denying that a condition precedent has occurred or been performed, a party must do so with particularity. (d) Official Document or Act. In pleading an official document or official act, it suffices to allege that the document was legally issued or the act legally done.

Registered Mail Article Number: (e) Judgment. In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it. (f) Time and Place. An allegation of time or place is material when testing the sufficiency of a pleading. (g) Special Damages. If an item of special damage is claimed, it must be specifically stated. (h) Admiralty or Maritime Claim. (1) How Designated. If a claim for relief is within the admiralty or maritime jurisdiction and also within the court's subject-matter jurisdiction on some other ground, the pleading may designate the claim as an admiralty or maritime claim for purposes of Rules 14(c), 38(e), and 82 and the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. A claim cognizable only in the admiralty or maritime jurisdiction is an admiralty or maritime claim for those purposes, whether or not so designated. (2) Designation for Appeal. A case that includes an admiralty or maritime claim within this subdivision (h) is an admiralty case within 28 U.S.C. 1292(a)(3). Whereas defined pursuant to: Federal Rules of Civil Procedure Rule A. Scope of Rules (1) These Supplemental Rules apply to: (A) the procedure in admiralty and maritime claims within the meaning of Rule 9(h) with respect to the following remedies: (i) maritime attachment and garnishment, (ii) actions in rem, (iii) possessory, petitory, and partition actions, and (iv) actions for exoneration from or limitation of liability; (B) forfeiture actions in rem arising from a federal statute; and (C) the procedure in statutory condemnation proceedings analogous to maritime actions in rem, whether within the admiralty and maritime jurisdiction or not. Except as otherwise provided, references in these Supplemental Rules to actions in rem include such analogous statutory condemnation proceedings. (2) The Federal Rules of Civil Procedure also apply to the foregoing proceedings except to the extent that they are inconsistent with these Supplemental Rules. Maritime Lien (a) Except as provided under subsection (d) of this section, a person claiming a lien on a vessel documented, or for which an application for documentation has been filed, under chapter 121 may record with the Secretary a notice of that persons lien claim on the vessel. To be recordable, the notice must (1) state the nature of the lien; (2) state the date the lien was established; (3) state the amount of the lien; (4) state the name and address of the person; and (5) be signed and acknowledged. (b) (1) The Secretary shall record a notice complying with subsection (a) of this section if, when the notice is presented to the Secretary for recording, the person having the claim files with the notice a declaration stating the following: (A) The information in the notice is true and correct to the best of the knowledge, information, and belief of the individual who signed it. (B) A copy of the notice, as presented for recordation, has been sent to each of the following: (i) The owner of the vessel. (ii) Each person that recorded under subsection (a) of this section an unexpired notice of a claim of an undischarged lien on the vessel. (iii) The mortgagee of each mortgage filed or recorded under section 31321 of this title that is an undischarged mortgage on the vessel. (2) A declaration under this subsection filed by a person that is not an individual must be signed by the president, member, partner, trustee, or other individual authorized to execute the declaration on behalf of the person.

Registered Mail Article Number: (c) (1) On full and final discharge of the indebtedness that is the basis for a notice of claim of lien recorded under subsection (b) of this section, the person having the claim shall provide the Secretary with an acknowledged certificate of discharge of the indebtedness. The Secretary shall record the certificate. Notes: Whereas defined pursuant to: Enforcement of Maritime Lien (3) enforce the preferred mortgage lien or a claim for the outstanding indebtedness secured by the mortgaged vessel, or both, by exercising any other remedy (including an extrajudicial remedy) against a documented vessel, a vessel for which an application for documentation is filed under chapter 121 of this title, a vessel titled in a State, a foreign vessel, or a mortgagor, maker, comaker, or guarantor for the amount of the outstanding indebtedness or any deficiency in full payment of that indebtedness, if (A) the remedy is allowed under applicable law; and (B) the exercise of the remedy will not result in a violation of section 56101 or 56102 of this title. extrajudicial remedy defined: 1. Outside of the authority of a court. 2. Outside of the usual judicial proceedings. 1. (Law) outside the ordinary course of legal proceedings (extrajudicial evidence) 2. (Law) beyond the jurisdiction or authority of the court an (extrajudicial opinion) i.e. remedies availed by party himself without the aids of law. These are: Expulsion of trespasser, Re-entry on land, Reception of goods, Distress of damage feasant, and Abatement of nuisance. c. Specific Restitution of Property : When a person is wrongly deprived or dispossessed of his property the court may order the wrongdoer to return or restitute the property to the real owner of the property. 2. Extra-Judicial Remedies: These are remedies available outside the court premises. Here, the plantiff takes the law into his own lands. In the following cases, Extra-Judicial remedies are available. 1. A person can use reasonable force to defend his body or his property against the acts of the wrongdoer. This is called "Right of Self-Defence". 2. A lawful owner or occupier of an immovable property can use force to expel the trespassers and can reenter into the land. This is called "Right of Expulsion and Reenter". 3. A person wrongfully dispossessed of movable chattels can recover immediate possession by using reasonable force. This is called "Recaption". 4. In the case of private and public nuisance, the injured party can apply reasonable force to remove such nuisance. This is called "Abatement of Nuisance". This is article is helpful to plantiff to get remedies from the defendant or opposite party. Whereas defined pursuant to; Officers and employees acting as agents of foreign principal: (a)Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined under this title or imprisoned for not more than two years, or both.(b)Nothing in this section shall apply to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other documents filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938 (22 USCS

Registered Mail Article Number: 616], as amended.(c)For the purpose of this section "public official" means Member of Congress, Delegate, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government. Sui Juris, In my Private Capacity as: General Administrator, Secured Party, freeborn spiritual being on the land state the facts contained herein are true, correct, complete, and not misleading, to the best of my personal first hand knowledge and belief. Being of sound mind, competent, over the age of 18. This my free will, voluntary act and deed to make, execute, seal, acknowledge and deliver under my hand and seal with explicit reservation of all my unalienable rights and my specific common law right not to be bound by any contract or obligation which I have not entered into knowingly, willingly, voluntarily, and without misrepresentation, duress, or coercion, whereby I did not sign nor consent. I am not now nor have ever been a U.S. Citizen or a Fourteenth Amendment Federal Citizen or Employee, I am not bound by sworn oath or oath of office. Whereas I hereby disclaim Clauses One and Two of Section One to the Fourteenth Amendment, together with Article Four Section Three Clause Two. Rights includes remedies. Nemo, aliens: rei, sine satisdatione, de fensor idonens intelligitur defined: No man is considered a competent defender of anothers property, without security. A rule of the Roman law, applied In part In admiralty cases. 1 Curt. 202. This my free will, voluntary act and deed true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver under my hand and seal, explicitly reserving all rights without prejudice; By:____________________________________________________________ Sui Juris known as; John of the genealogy of Doe Bailor for JOHN DOE Bailee ______________________________________________________________ Mike, Carson Third Party Witness "Sealed and delivered in the presence of us." STATE OF ILLINOIS ) ) SS: COUNTY OF COOK ) CERTIFICATE OF ACKNOWLEDGMENT On this date the individual named above, in his/her stated capacity, personally appeared before me to execute this acknowledgement that this instrument was signed, sealed, and delivered as their free will, voluntary act and deed to make, execute, seal, acknowledge and deliver under their hand and seal verified and authenticated for the uses and purposes therein mentioned. _____________________ DATE AFFIX NOTARY SEAL IF REQUIRED Date Commission Expires __________________ _________________________________ Signature of NOTARY PUBLIC

NOTICE: Public acts defined: are those which have a public authority, and which have been made before public officers, are authorized by a public seal, have been made public by the authority of a magistrate, or which have been extracted and been properly authenticated from public records. Blacks Law Dictionary Sixth Edition (page 26)

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