Byron Gashler

14876 Washington Rd. # 23

West Burlington, Iowa 52655
AFFIDAVIT OF BYRON GASHLER
STATE OF IOWA

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COUNTY OF DES MOINES

Comes now, Byron Gashler, Your Affiant, being competent to testify and
being over the age of 21 years of age, after first being duly sworn according
to law to tell the truth to the facts related herein states the she has firsthand
knowledge of the facts

REFUSAL IS DISCHARGE
ACCEPTANCE IS DISCHARGE
1. Federal Reserve notes are obligations and have no redeemable value in
gold or silver coin, wherefore the amount of tender or obligation is always
zero. See -U.S. Constitution, 1789, Article 1, Section 10. No state
shall make anything but gold and silver coin a tender in payment
of debts Wherefore there can be no payment of debt. Only discharge of
debt. Also see House Joint Resolution 192 on June 5, 1933: Every
obligation, heretofore or hereafter incurred,. shall be discharged upon
payment, dollar for dollar, in any such coin or currency which at the time is
legal tender for public and private debts.
2. By taking away a State Government's ability to comply with it's Constitutional mandate
of paying its debts in gold and silver coin, the Federal Government involuntarily
restricted a State Government's ability to function in a de jure capacity. The de jure
States went into suspension after the following four acts were committed: (1) the taking
of gold coins out of general circulation in 1933, (2) in 1964, the U. S. Mint ceased
minting any more silver coins, (3) in 1968, Silver Certificates could no longer be
redeemed for silver, and (4) on August 15, 1971, President Nixon closed the Gold
Window, thus stopping the redemption of foreign-held dollars for gold
3. At that point in time, the U. S. Dollar was backed solely by the full faith and credit of
the American people, and the States could no longer function in a de jure capacity while
in a state of suspension.
4. Since the Federal Government took away the gold coin money in 1933, and replaced
the money with federal reserve notes, fiat money, thus causing the States to suspend
operations by preventing them from honoring their obligation to pay their debts in gold
and silver coin, then there had to be a remedy. United States Statutes Chapt. 48, Stat.

112 is the remedy, and public law not just for the States, but also for the sovereign
men and women who created the States.
5. This statute states that the Federal Government will pay my debts, dollar for dollar.
We the People were made private bankers according to the law with the authority
to issue notes to discharge lawful debts..
6. Until the State Governments come out of suspension, by the Federal Government's
placing sufficient quantities of lawful money into general circulation, my remedy,
pursuant to Chap 48, (48 Stat. 112 cannot be repealed) and will continue to be there.
7. A closed account is the legal vehicle to discharge or pay my debt now, so
my tender of payment is guaranteed to be valid and acceptable by the
Federal Government. The Court and Blacks Law 3rd Edition has defined the purpose of a closed
account: An account to which no further additions can be made on either side, but which remains still
open for adjustment and set off which distinguishes it from an account stated. Bass v. Bass 8 Pick.
(Mass.) 1w87; Volkening v. De Graaf, 81 N.Y. 268; Mandeville v Wilson, 5 Cranch 15, 3 L. Ed. 23.
8. My reverse bank wire, the EFT or payment order given to the bank cannot bounce by definition so
payment constitutes certified funds or as good as cash: A reverse wire is a B-to-B transaction in which
the bank account holder authorizes another party, such as a vendor, to withdraw funds from their
account via a wire transfer. It is called a reverse wire because it is initiated by the recipient of the
funds, rather than the sender. This is in real time, like a wire, so it will not bounce, whereas an ACH
debit or check can bounce. They are also known as drawdown requests, drawdown wires, or verse
wire requests. The benefit to the funds recipient is that the transfer is secure, the benefit to the
payor is that once they have authorized their bank in writing to respond to future drawdown
requests, no work is required on the payors part to execute a transfer. Reverse wires are of
particular use where the payment is (1) high-risk 2) on a recurring basis, and 3) for
a variable amount. (If the payment is not high-risk, ACH is a viable
alternative if the payment is not recurring, a traditional wire is
simpler to execute. If the payment is not variable, a repeating
tradition wire is most efficient.) Typical reverse wire scenarios
include 1) high-volume, variable-dollar purchases of perishable
inventory and 2) payroll services. Not all banks, especially local
banks and credit unions, are currently able to process drawdown
requests. Even fewer banks are able to provide an initiator (funds
recipient) with simple functionality in a treasury management
software or website
9. The attached Negotiable Instrument (EFT) was presented under authority of Public Law 97-280, Title 12
USC 411, House Joint Resolution 192, Public Law 73-10, UCC 3-104(c), Spencer v. Sterling Bank, 63 Cal
Ap. 4th 1055 (1998), Guaranty Trust Co. Of NY v. Henwood et al, (1939) and 307 U.S. 247 (FN3), the Within
Negotiable Instruments, Vol. III (including 2006 Supplement) on the Undersigned's UCC Contract Trust
Account.
10. The entire taxing and monetary systems are hereby placed under the U.C.C." (Uniform Commercial
Code) - The Federal Tax Lien Act of 1966. Such action is further confirmed in USC Title XII, Title XXVIII,
Sec.1641, 3002 and the Foreign Sovereign Immunity Act.

11. Under U.C.C. section 4A-211(d), an unaccepted payment order is canceled by operation of law at
the close of the fifth funds transfer business day of the receiving bank. As long as the beneficiarys banks
has not timely rejected the payment order, acceptance under section 4A209(b)(3) is at the opening of
the next funds transfer business day
12. Other authority stated is 15 USC Sections 7001-7006 Uniform Electronic Transfer and Signature Act
found here: http://tinyurl.com/94j3ohp as proof that negotiable instruments such as an
EFTs are legitimate instruments and are acceptable in commerce.
13. An EFT is a legitimate payment order as it will be monetized / discounted
by the Federal Reserve for any of its member banks or any individual,
partnership, or corporation. See USC TITLE 12 > CHAPTER 3 >
SUBCHAPTERIX > 343
Upon the indorsement of any of its member banks, which shall be
deemed a waiver of
demand, notice and protest by such bank as to its own indorsement
exclusively, any Federal
reserve bank may discount notes, drafts, and bills of exchange
arising out of actual
commercial transactions; that is, notes, drafts, and bills of exchange
issued or drawn for
agricultural, industrial, or commercial purposes, or the proceeds of
which have been used, or
are to be used, for such purposes, the Board of Governors of the
Federal Reserve System to
have the right to determine or define the character of the paper thus
eligible for discount,
within the meaning of this chapter. Nothing in this chapter
contained shall be construed to
prohibit such notes, drafts, and bills of exchange, secured by staple
agricultural products, or
other goods, wares, or merchandise from being eligible for such
discount, and the notes,
drafts, and bills of exchange of factors issued as such making
advances exclusively to
producers of staple agricultural products in their raw state shall be
eligible for such discount;
but such definition shall not include notes, drafts, or bills covering
merely investments or
issued or drawn for the purpose of carrying or trading in stocks,
bonds, or other investment
securities, except bonds and notes of the Government of the United
States. Notes, drafts, and
bills admitted to discount under the terms of this paragraph must
have a maturity at the time
of discount of not more than ninety days, exclusive of grace.
In unusual and exigent circumstances, the Board of Governors of
the Federal Reserve System,

by the affirmative vote of not less than five members, may authorize
any Federal reserve bank, during such periods as the said board may
determine, at rates established in accordance
with the provisions of section 357 of this title, to discount for any
individual, partnership, or
corporation, notes, drafts, and bills of exchange when such notes,
drafts, and bills of exchange
are indorsed or otherwise secured to the satisfaction of the Federal
reserve bank: Provided,
that before discounting any such note, draft, or bill of exchange for
an individual or a
partnership or corporation the Federal reserve bank shall obtain
evidence that such
individual, partnership, or corporation is unable to secure adequate
credit accommodations from other banking institutions. All such
discounts for individuals, partnerships, or corporations shall be
subject to such limitations, restrictions, and regulations as the
Board of Governors of the Federal Reserve System may prescribe.
14. An EFT (An electronic funds transfer), a payment order fulfills the legal
definition of a negotiable instrument (currency) .
15. Under Uniform Commercial Code (UCC) 3-104 the EFT legally
discharges any alleged debt.
16. Payment was made in good funds. This is merely a promise to pay and
not a sight draft, forged document, bogus instrument, etc. . . . Once tendered,
the debt is discharged, period. The Aforementioned Electronic Funds Instrument was
designated in US Currency dollars. A wire transfer directly to the banks financial institution would
obviously be acceptable as good funds. See Geva Law of EFT p. 651
17. Payment is final and irreversible! It is thus the unfettered and unrestricted1
right to the use of the funds, effectively arising upon what is referred to in
this article as payment finality, that discharge the debt paid by credit transfer
as the equivalent of the deposit of cash to the account. 1The expression is
taken from A/S Awilco v. Fulvia S.P.A. di Navigazione (The Chikuma) (1981) 1
Lloyds Rep. 371, 375 (H.L.). See Geva Law of EFT p. 660-661.
18. Refusal to accept is discharge of debt. See UCC 3-603. TENDER OF
PAYMENT.(b) If tender of payment of an obligation to pay an
instrument is made to a person entitled to enforce the
instrument and the tender is refused, there is discharge, to the
extent of the amount of the
tender, of the obligation of an endorser or accommodation party
having a right of recourse with respect to the obligation to which the
tender relates.
19. If a draft is accepted by a bank after an indorsement is made, the liability
of the indorser under subsection (a) is discharged. See Obligation of
Indorser UCC 3-415 (d)

20. Bank has damaged me by not giving me timely credit to my account, nor
discharged my debt, due to their bad faith and I am now entitled to triple
damages:
(e) Treble damages-- If in any action under section 1693m [1] of this title,
the court finds that(1) the financial institution did not provisionally recredit
a consumers account within the ten-day period specified in subsection (c) of
this section, and the financial institution (A) did not make a good faith
investigation of the alleged error, or (B) did not have a reasonable basis for
believing that the consumers account was not in error; or (2) the financial
institution knowingly and willfully concluded that the consumers account was
not in error when such conclusion could not reasonably have been drawn
from the evidence available to the financial institution at the time of its
investigation, then the consumer shall be entitled to treble damages
determined under section 1693m (a)(1) [1] of this title.
(f) Acts constituting error For the purpose of this section, an error
consists of (3) the omission from a periodic statement of an electronic
fund transfer affecting the consumers account which should have been
included;
21. All Banks must process lawful United States currency. Title 31 USC 5118 and HJR-192, Public Law
73-10 prohibits Banks and creditors from demanding any specific specie of payment. Failure to do so is
interference with commerce, a felony under the RICO ACT, 18 USC 1951. Guaranty Trust company vs.
Henwood, 307 U.S. 247 (1939), the court affirmed since legal tender is not in circulation, and repayment of
debt is against Public Policy, since legal tender was not loaned [nor in circulation] they cannot demand
payment in any [particular] form of coin or currency or legal tender, and repayment for payment
need only be made in equivalent kind; a negotiable instrument. 31 U.S.C. 5118 was enacted to remedy
the specific evil of tying debt to any particular currency or requiring payment in a greater number of dollars
than promised.
22. Hence, my debt owed to the bank is lawfully discharged by law and the
foreclosure stopped, due to my EFT tender of payment , the contract is
satisfied, and the bank is now obligated to give me clear title to my property
which they have failed to do. : A tender of the proper amount due, even if rejected,
extinguishes the lien and precludes foreclosure (See, e.g. Winnett v. Roberts, supra, 179 Cal App. 3d
909, 902, Lich tv v. Whitney, supra, 80 Cal. App 2d 696, 701; see also Code Civ. Proc. SS 2074.)
23. Without an affidavit filed by the bank, there is no facts before the court. to consider the banks claim.
Indeed no more than (affidavit) is necessary to make the prima facie case.
united States v. Kis, 658 F. 2nd, 526, 536 (7th Cir. 1981); Cert. Denied, 50
U.S. L.W. 2169, S. Ct. March 22, 1982.
When no affidavits are filed in opposition, the trial court is entitled to accept
as true the facts alleged as respondents affidavits ifsuch facts are within
the affidavits personal knowledge and [are ones] to which he could
completely testifySouthern Pac. Co. vs. Fish, 166 Cal. App.2d
353,362,333,P.2d 133

24. If affiants affidavit goes unrebutted by the bank, point for point, after 30
days, the affiants affidavit must be considered facts to the court and the
court must rule accordingly in affiants favor.
25. Further, Affiant sayeth naught.

Signature_________________________________________Date:____________
Byron Gashler

State of Iowa
County of Des Moines
Subscribed and sworn to (or affirmed) before me on this _____day
of___________, 2013 by Byron Gashler proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
__________________________________ (Seal)
Notary Public