Documente Academic
Documente Profesional
Documente Cultură
COURT
,rM4R
I
-201l:..
cou*r
7
ClVl L CASE #
:LL-CY -253-8R
)
Tp lnc Hp lnc
a.k.a
TIM lnc.
a.k.a
PRLAP
Class"
a.k.a
BOWBAC/BAS/BANA
JON JOYNER (asent:BofA/BAC)
BETTI E Tl LLBERG(agent: BofAIBAC)
AMMENDMENT
SEVENTH....... FOU RTEENTH....... FIFTH
TITLE
28 USC 1331,1332(d),1345,1355,t367,739L.......15
USC
45,L591......31
ucc
u
cc 3- Las 3a7,416..........
CC 4-tO3,2O7,216,406...........
CC 9
STATUTES
NC6S 59.....NCGS 45-45.3.....NCGS 60 CASES
Westover
.........49 States v Major BAI\KS (Bank of America N.A) Public law 1Lo-343,LL0-343(A)
2:STATEMENT OF l55UE
"THE BRYANTS" Ronald and Deborah on behalf of,TP lnc.,HP lnc.,("The Bryants", "The CLASS") Perpetually Motion for Original Jurisdiction of the 7th Amendment Jury Trial in all
matters exceeding TWENTY DOLLARS and 28 USC 1332(d) Federal Original Jurisdiction in all matters exceeding FlvE MlLLloN DOLLARS. 35 USC False Claims.
Request Stay and Relief from false claims and subsequent orders entered as a result of vexatious affirmations and affidators on behalf of or in favor or Bank of America N.A,Marjorie
TABLE OF CONTENT
3:STANDARD OF REVIEW
{Pilcher v Rawlins} Fraudulent conveyance of Deed/Title. (Dairy Queen v Wood) Legal Claims of fraud should be decided before Punitive damages are awarded. see. 49 States v Major BANKS (Bank of America N.A) (Wigod v Wells Fargo N.A) Failure to modify under Public Law L10-343. (Theatres v Westover) General Collateral Estoppel avoidable Malfeasance and lnterference. Among other Violations.
Unfair and deceptive acts and Practices of Law,False Claims Act,Fraud in the Execution,Violations of Bankruptcy Code and Federal Rules of Bankruptcy Procedure.
(49 US AfiORNEYS GENERAL V BANK OF AMERICA N.A) Filed Monday
\2 March 2AI2.
4:STATEMENT OF CASE
Bank of America N.A it's Subsidiary NationsBank N.A ,Tim lnc,PRLAP and it's facilitating partners.
to dispose these breach security issues in court matters like Bank of America N.A v Tp lnc "The Bryants". While acting as a registration agent for the same defunct instruments with the Securities and Exchange. Many of these registrations are made under False Claim violating several Court of international Trade restrictions as well as IRS codes and restrictions.(Malfeasant Financial Affidator)
McGUIRE WOODS LLP. is attempting
5:ARGUM,ENT
"The Class"(question of Law),Tp lnc,Hp lnc "The Bryants" have been primarily involved in residential and commercial construction since and before 1999,
When in 1999 "The Bryants" entered in a financin g/flaor plan contract with NationsBank N.ATim lnc. ln and by it's representative Jon Joyner. ALSO to be known as Bank of America N.APRLAP and it's representative Jon Joyner. ** ln 1999 Nationsbank N.A and Tim lnc were wholly owned by Bank of America N.A** Here by referred to in whole as BAC.
A seemingly functional relationship between "BAC" and "The Bryants" Continued until late
2007. Where in late 2007 "BAC" began a practice of not releasing Deed lnstruments for "The Bryant" properties. Greatly interfering with it's business practices and income streams. Evidence
CVS
Samuel have received a Summery Judgement against "The Bryants" because the Bank would not release title to a "Fair Market" Contract. ***Bank Of America ordered ALL appraisals in
these matters*** Yet would not release deeds because the NEW appraised values were less UBAC" did make false claims to than the original security instrument appraised value. ln addition Mr.Ronald Bryant that it would release attached deed security instruments that were under active contract for sale if Mr. Bryant would further modify deed instruments in both Pender and Onslow Counties for what amounted to NO Consideration or otherwise claimed reliefs.
As evidenced in {EXHIBIT 28} Mcguire Woods was encroaching on "The Bryants" lnterest in
August 2008.
By 13 October 2008 When Public Law 110-343 signed into Law. "The Bryants" had submitted
several financial modification plans to Bank of America N.A in faith of continuing the survival of it's interest. However by this time Jon Joyner would not talk to Mr.Bryant and "The Bryants"
were subsequently to contact several different office where they spoke with many people who had no authority or knowledge in "The Bryant" lnterest' lnstead of a Modification or Relief. "The Bryants" Received Business Plan lnterference that was known, audited and appraised by Bank of America N.A. Before 14 March 2008 as Outlined in Public Law 110-343 (non modification alone is culpable) . "The Bryants" were levied, garnished, foreclosed and sold (EXHIBIT 2C) When "The Bryants" attempted to adjust to market conditions by renting finished homes in it's
inventory "The Bryants" were threaten with legal action. Additionally restricting the business plan of "The Bryants" (Exhibit 2D) ** Currently these same properties NOW Bank captured are rented on behalf of the benefit trust for the Bank.**
"The Bryants" prefer not motion pro se and have requested relief from false claims and the continuing besiegment to the proper authorities {Exhibit 2E). Never the less. "Gentlemen we are being killed on the beach, perhaps we should move inland and be killed." GEN. Norman
Cota.
Banking entities continue to falsly and effectivly file besieging motions. All available Civil and Criminal relief is requested in these matters-
It is also believed and evidenced by fact that the subject matter real property of "The Bryants" exist in a state of disrepair with taxes unpaid despite what should be over ONE MILLION THREE HUNDRED THOUSAND DOLLARS in subject account'
Tp lnc, Hp lnc,Ronald Bryant,Deborah Bryant Here by referred to as "The Bryant Class" Seek lmmediate,Equitable and Just relief from among other things False Claims Made by Bank of
America N.A and it's agents. The North Carolina trustee Marjorie Lynch and appointed trustee Algoron Butler lll.
ll
Funds under Public Law 110-343 Claimed Falsely to be a Securities bailout for Mortgage Owners. Was in fact payment for a foreign class of security known as "Super Senior" and "senior" securities. lt is FACT of public record and this 'clAss" that the initial THREE HUNDRED
were used to buy these "senior" Notes. otherwise unknown to the proper authorities and ratings agencies. While effectively stealing from UNITED STATED Land
FIFTV BILLION DOLLARS
ilt
Among other Violations. Unfair and deceptive acts and Practices of Law,False Claims Act,Fraud in the Execution,Violations of Bankruptcy Code and Federal Rules of Bankruptcy Procedure'
Here by attach or other wise enjoin as ex parte doe requesting mandimus on Seventh 12 March Amendment trial right (4g us ATToRNEYS GENERAL v Major u5 Banks) Filed Monday
COURT'
llll
be Liability in equatable putative,compensatory,and special damages under this motion redeemable and payable in the value of UNITED STATES TREASURY BILLS.
llll
(EXHIBIT 2H & 2l ) Request to include US BANK as Advisary to "The Bryants" as evidenced By 28 U'S'C 1332 This court has Original Jurisdiction in False Claims and Fraud of this Magnitude.
7:CONCLUSION
JON JOYNER
2l
NETTHER THE COURTS AppOtNTED TRUSTEE NOR THE NORTH CAROLINA TRUSTEE HAVE
For
EVIDENCE. BOTH 'THE BRYANTS'COUNCIL AND THE ASSIGNED TRUSTEES HAVE ONLY
MOTIONED TO BESIEGE AND OR OTHER WISE ENJOTN THE ESTATE FOR CLAIMS.
4}
INC.
Filed
12March20LZ
CONSENTJUDGMENT
WHEREAS, Plaintiffs, the united states of America and the states of Alabama, Alaska,
Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, ldaho, lllinois, lndiana, lowa, Kansas, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico'
New York, North Carolina, North Dakota, Ohio, Oregon, Rhode lsland, South Carolina, South Dakota, Tennessee, Texas, utah, vermont, washin8ton,
the Commonwealths of Kentucky, Massachusetts, Pnnsylvania and Virginia, and the District of
Columbia filed their complaint on March 72, 2OL2, alleging that Bank of America Corporation,
Bank of America, N.A., BAC Home Loans Servicing, LP
Loans
LLC,
FSB
Acts
Act,
ar-rd
thg
partner 6l THE SpEClFtc RELAT|ONSH|p OF Mc Guire and wooDs AND lT'S CLIENT market
OF BANK Of AMERICA N.A . IN BOTH THIS FILING AND IT'5 SECURITY TRUST FILINGS ON BEHALF TRUST BANK Of AMTRICA N.A WITH THE SECURITIES AND EXCHANGE ON BEHALF OF THESE ACCOUNTS. OTHERS v 7) CERTATN CLA|MS,ACTIONSJORTS AND BREACHES BY BANK of AMERICA N-A AND JOINTLY AND TP tnc/"The Bryants" ARE CRIMINAL and CIVILLY AVOIDABLE/PROSECUTABLE SEVER ABLy as evidenced in part by North Carolina Public record
pender,Onslow,Watauga,MeckenbergGuilford
Edgar file, Private Record of the DTCClCede & co,and Lsl software. UNABLE TO 8} STATE AND FEDERAL REGULATORY AND INVESTIGATIVE AUTHORITIES BEEN ACTIONS OF BANK Of PROPERLY REVEAL THE SCOPE AND LIGHT OF THE ILLICIT SECURITY
10
America N.A, US BANK,and others. "The Bryant" PUBLIC Record is evidence to a much broader scope of the Personal and Business encroachments by culpably liable Major "Super Senior" "senior" partner Banks and DTCClCede & Co.
lll should return the lN EXCESS AMOUNT OF ONE MILLION THREE HUNDRED THOUSAND DOLLARS thAt hC ShOUId hAVE iN escrow to Ronald Bryant for general purposes to include paying taxes,indemnification'
as Algoron Butler
10) pender County Deed Book 2354 Page 031(EXHIBIT 2F) dated 26 March 2004 is Public evidence that pender County Deed Book 2A24Page 158 a.k.a'THE MASTER LoAN INSTRUMENT
AGREEMENT"(EXHtBtT 2G) was defunct at inception and remains clouded and avoidable'
OF 11) COMPLETE JUR|SDICflONAL AND SUBJECT MATTER REVIEW BY THE CHIEF JUSTICE FRIEND OF THE UNTTED STATES and THE UNITED STATES COURT OF INTERNATIONAL APPEAL. { THE COURT REQUEST)
1L
8:CERTIFICATE OF SERVICE
Ms. Marjorie K.
Bankruptcy
Lynch 3758
H.Kenneth Stephens
Administrator 27895-3758
Wilmington, NC 28401
(9LAI343-LO22
Wilson, NC
(2s21237-68s4
Algernon L. Butler,
11L North Fifth
lll
McGuire Woods
LLP
Avenue 28401
wilmington, Nc
(910)
762-1908
Wilmington, NC 28401
t910) 2s4-38OO
L2
Ronald Bryan Ronald Bryant zeo Sunrise Ridge Rd Vilas,Nc 28692 Bz&.zg7.z555
DArF.
3nf
r/*P
""*:X^
il, r
DArE
3-/q- / L
Deborah Bryant
I
13
ExnrBrr
2A
Eg/97 / ?ALA
L2:2L
LJZOJOJLAJ
PAGE g2
i:
COUf-lfv OF
OHSLOW
wife
?:r'l .lr"^
iiii
B: 5
suPppJ;Riount trIvlsloN
0B
cYs 402?
i:i
i.
ffit
Plaintiffs'
vs.
TF, htc.
Feferrdant'
) ) )
W,t''':'
Pu*uantto{i.S.$1A*l,Rule56,FlnintiffsrnovedthisCourtthatjudgmentbe entered.forthePlaintiffsonC0LINTII-EREACH0FCO}-ITRACTofPlaintiffg'
Cornplaint,
Afterreviewofthepleadings,an$werstointeffogatofles'briefs'andargumentsof ofher documents of record' it appears tc the counsel" together withthe +ffidevits and
and that the Plaintiffs are flourt tlrat there is no genuine issue as to any material fact,
larar on
II-
BREACH OF CONTRACT of Flaintiffs' Complaint' Additionnlly, the Court" after review of the pleadings' answers to interrogatories'
briefs, oral testimorry, and arguments of ccunsel, togethet with the nffidavits anfl other dacuments of rccords, mekes the following with regard to thr isrue of damage*:
FINDINGS OF FACT
The Conh*et entered into between the parties allows for ihe non-breaching pa{fy
to collect int*rrst on the purchase price at the rate cf eight percent {8%) interest
per almurn until closing oeeurs or the contract is tenninated-
fi1/A7
/?Wg L2:7L
252838:23s
PAGE
83
Plaintiffs have not received a retuffI of their 10. That, as of the date of the heanrrg,
earnest money deposit'
COHCLUSIONS OF LAW
aB
damagctthntPlaintiffsafeentitledtoreceivefromDefendflntnsaresultof
Defendartt's breach.
and one h[ndred and sixty-six ?.. Flnintiffs are entitled to receive thirty-one thousand
3.
five hrurdred and sixty-five dollars Plaintiffs are entltled to receivr one thousflnd
and
damages.
4.
eight hurldred and forty Flaintiffs nr* entitled to receive eighty-four thousand to reflect the fair market dollars arrd zero cents ($s4,s40.00) from Defendartt bresch minus the coiltract priss' value of the Property at the time sf Defendant's
5. Platntiffr
6.
entered into bntween tht parties That as of the date of this Judgment the contract
1.
arrd
damagesas$etforthinCot]NTII-BREACHoFC0}{TRACTofPlaintiffs'
ComPlaint'
Bll
A7
?ELfr
:1-
2:
21
252E383293
PAGE
E4
."
2.
two amount of one hrrqdred and seventeen thousand and five hundred and seventy dollms and twenty two cents {$t l?'572.2?).
l.
That plaintiffs ingnediately recsive return of thefu five thousnnd dollar and zero
eents ($5,000.00)
4.
That the Contract entered into between the parties which was the subject of this
rhis
rhe lA
oay
or
f,/,r
/
, 2009.
. Jack
Hooks
Judge Presiding
trxHIBrr
LB
.,
Mccuirewoods
LLP
,J0
Phone:910.254.3800
Fax: 91 0.254.3900 www.nrcgui rewoods.com
hkitchin
rncgu irelvoods.com
91 0.254.3823
,edcilL;ER[\&lreDS
Ar-rgust 14,2008
Direct Fax:
REQUES'TED, FIRST'CLASS
MAILANDFEDERALEXPRESSOVERNIGHTDELIVERY
TP, Inc. Post Office Box 2658 Surf City, North Carolina 28445 Attn: Mr. Ronald S. Bryant TP, Inc. 220 Sunrise Ridge Vilas, Norlh Carolina 28692 Attn: Mr. Ronald S. BrYant Mrs. Deborah L. BrYant 220 Sunrise Ridge Vilas, North Carolina 28692 TP, Inc. PO Box 2180 Boone, Nofih Carolina 28607-2180 Attn: Mr. Ronald S. BrYant
Re:
in the Current Maximum Notice of Payment Defautt (inder Thot Certctin Loan Promissory Note Princ'ipal Amount of-$17,50A,000.00 (the "Loan"), and the "l{ote"), Each as More Evicteicing the Sami (as amencleclfront time to time, the Between TP' Inc' Specifically Describecl in That Certain Master I'oan Agreement Bank.of Anlerica, l{,4, (,,Borrower,,), Ronald' S. Bryant, Deborah L. Bryant and
DatedJanuaryl0,2003,ask[ostRecentlyAmended-by^-ThcttCertainLocLn
Extension
-'Bank") in connection rvith the As you know, we represent Bank of America, N'A' (the firm and as required by that Loan. pursuant to that cedain letter dald August 5, 2008 lrom our and the Bank dated January 10' cefiain Deed of Trust and Security Agreementletween Borrower the Bank delivered written notice that 2003 (as amended from time to time,lhe "Deed of Trust"), of interest pursuant to that cerlain Borrower,s failure to make the required monthly payments you and the Bank, dated January 10' 2003 Master Loan Agreement between Bonorver, .u"t-, of Loan Extension and Modification (as amended from time, most recently pursuant to that Cerlain constituted a default thereunder and Agreement dated october 1,2007,thq"Loan Agreement")
Page2 August 14,2008 TP, Inc. Ronald S. Bryant and Deborah S. Bryant
that further failure to cure such default within five (5) days of receipt (or deemed receipt pursuant pursuant to the Deed of Trust) would cause a "Default" or "Event of Default" to occur with any other documents to the terms of the Note, Deed of Trust and Loan Agreement (together evidencing the Loan, the "Loan Documents"). As the Bank has not receivecl payment of the delinquent interest amounts, and as the shall inform you that required period for the Borrower to cure such default has expired, this letter an Event of the Borrower is now in Default pursuant to the Loan Documents (or has caused
Default to be triggered, in the case of the Deed of Trust)' please note that any prior-delivered payoff, partial release fee quote, or other related payoff shall be information is no longer applicable, and uny i"qrr.tt for a parlial release and/or Default' Should subject to the Bank's dis"i"tion under the Loan Agreement given Bortower's payoff, including any tetms' you wish to discuss further the proposed paftial release and the Bank directly' conditions and amounts applicable ihereto, please contact Mr. Roberl Unell at i.oan Documents' The Bank reserves all of its rights and remedies in connection with the of any rights No delay by the Bank in exercising any rights or remedies shall operate as a waiver to the Bank shall be or remedies the Bank may have. Any anJ all rights and remedies availabie at the sole discretion cumulative and may be exercised separately, suicessively or concurrently of the Bank. Very truly yours,
Kirchi
HLKjr./
cc:
ExsIBrr 2C
McCuireWoods LLP 300 North Third Street, Suite 400 PO. Box 599 (28402) Wilmington, NC 28401
Phone:
91
0.254.3800
McCUERT\AIffiD5
February 19,2010
Mrs. Deborah BrYant P.O. Box 2180 Boone, North Carolina 28607
Mr. Ronald S. Bryant P.O. Box 2180 Boone, North Carolina 28601
Mr. Thomas W. Kerner Kerner Law Firm, PLLC 1213 Culbreth Drive Wilmington, North Carolina 28405
Re:
IN THE MATTER OF THE FORECLOSURE of a Deed of Trust executed by TP, Inc. dated January 10, 2003 and recorded on May 5, 2003 in Book 2017 at Page ("Substitute 688 of the Onslow County Public Registry by H. Kenneth Stephens, II Trustee "); Onslow CountY, 09 SP 432
Sincerely,
JHAjt/
Enclosure
:: i:!.
ln the General Court of Justice Superior Court Division Before The Clerk
l.rustee
. Kenneth Stephens
tJ
ttfrA
of Record, lf
Reporl of Sale
of the above Mortgage or Deed ?l.Try:t and by authorization By authority of the power of sale contained in the secured, the undersigned under tt"'"ilir" of the obligations clerk of superior court, there having been defaults the real property described above offered for sale at public auction, and sold
Report of Resale successful bidder superiorcourt issued upon the default of the As directed by order of Resare by the crerk of and lawful o*ered forresale at pubtic auctton' after due in this foreclosure proceeding, tne unoersigned or Deed of rrust described above' in the Mortgage advertisement, and sold the reat propertf iescrioed
N"*;Vrd
Addr"st
"f
$ 2 3'19,919.00
ntion: Bettie Van Tilburg 01 East KennedY Blvd', 7th Floor t1-400-07-01
ampa, FL 33602
ebruarY 19,2010
10:00 a.m.
ffis
To (910) 254'3eoo
FebruarY '19, 2010
offfi,tgugr"
. Kenneth S
Trustee, Attorney
Agent
ll.
Substitute Trustee
a*ornt of
Couds
Original
- File
Copy
- Attorney
\1
0709036 i
trxsrBrr eb
Mccuirewoods
P.O.
LLP
Fax:910'254'3900 www.mcguirewoods'com
lh:
n d rso n @
MCCUIREWMDS
June 25, 2009
Dirrcl
Re.
N'A'
("Lender")
Sir and Madam: Asyouknow,ourfirmrepresentstheLenderwithrespecttotheabove-referencedmatter. ReferenceismadetotheindebtednessowedbytheBorrowertotheLenderpursuantto of Borrower in favor iO' ZO9:^10 e*""ut"A by the a Promissory Note dated Janufr modified to the terms of yYth was subsequentlv from time to Lender in the origin"ip'ittipur "1111:fi'ooopoO'00' amended, modified' extended the principal i*""", to $l7,500,ooo.ooi* increase time, the "Note")'
respect to ReferenceisalsomadetotheContractofGuarantydatedNovember:t3,2002executed in favor of the Lender' with p"no.ui", Bryant cil;;*ts") by Ronald Bryant ^rrJ tr'" r-"na"t (the "Guaranty Agreement")' indebtedness of the ;;;;t"o
Asyouklow,theBorrowerisin'defaultoftheobligationsundertheNote,andin together balance of the Note' of the Note, tnl""iii''" .,1tn"la due and payable' accordance with the ierms other applicable charges' is.immediately due accrued unpaid interest and with payment in fulI of all such amounts '-ltcipai demands of the Borro*", i**"diate Deborah Bryant Lender hereby Ronald Bryant and demand it;;;;;; ;ud" t'pon under the Note' l''";;;;;'*'
Page2 for immediate under the Guaranty Agreemen! (collectively, the "Guarantors"), as guamntors to the Guaranty Agreement' due under tre Note pursuzult payment in full of all such amounts
to enforce the attorneys, you that the Llnd;r ]ntends This letter is also to advise each of North Pursuant to $ 6-21 '2 of the in the Note and in tt c,r*ulttf Agreement' the mailing fees provision " 6"*antors have five (5) days from Bonowe' balance" (as Carolina General Statutes, the ""0-ift' the '"outstanding the date of this letter' to pay aftomeys' of this notice, *ni"t *l*ides with u""omingiiuule to pay statutory is defined i" Ni.C s. $ 6-2l.zi**,"* thar term iees will only be owing by the please note thal such statutory r"*onuii. uno,n"y'' fees. go;o*"r and'/tr Guarantors fait to pay the "outstanding Borrower and the Cuur*to* should'h" (5) day period' iutur,""" of the Note within such five
which Pursuanttotheprovisionso[$45-2l.l6oftheNorttrCarolinaGeneralstatutes,the as of lna"Ut"an"" Jtt" under the Note' gives you notice of tl" outJtanOit'g
"
Principal
Interest Accrued but UnPaid Other Fees Owing APPraisal Fees
5 5
a u
15,640,610'30
1
,294,5'1a.71
Flood Certifi cation Fees ProPertY Taxes Advanced Insumnce Advanced Total
4,100.00 28.00
196,S13.84 433,672.fr1
$
$
$
g
17,569,814'98
PerDient
1'694'91
Pleasenotethatlheperdiemprovtdedaboveisbaseduponthecontractrateprovidedfor other things' changes notlce based upon' arnong subjecr to change *iti-out charges in the Note, which is tJ;;;;; in the Note; The per diem tnterest right to reserv'es the Lender's Prime Rate (as that term in rhe Lender speciircally rirne to time ;;" il;"' allowed by the might rherefore.chanse fiom -1".;i";j;;;"*" absolJl discretion as any ,,-" ,-ni1,. rrture at it, impose, ar provided for by the Note Note, any default 'ut" oi interest accruing on above is based on interest accrued interest provided please note that the total th:-t:'tt amount'of of in'**""-uJt'*"ed and above is principal balance, the totJamo,-t the outsranding note that the per diem p'ro$ded i""a", to aut*'*pri; uau*ilJuv baiance' the tolai properry on the outstanding principal amount of interesia".*i.g Lased on the total daily
**,
il
by Lender as of property taxes advanced advanced and the total amount amount of insurance
well.
has Asyouknow,pursuanttotheloandocuments,Borrowerisnotperinittedtoentelintoany of the Lender' and said consent the expres, pt'o'ilii*''on'"nt the lease agreements without occupying any portion of obrained from Lender with ,rrp;;;;;;;;;current\ documents or agreements' not been i"abie under th. N;;; oif,"t-uppf from sard proprry serving ""iio.r"f ", once again demands that Borrower remove any and all tenants
and the to comply with the loan documents to the extent Borrower refuses portion-of the Further, possession of any removing at.t"n*t or otherJin hereby renews its demand made above by ,r'i., ,n" ril[ ;; ;ih". toar,.oo";"nt"' t-""a"r other amounts be property ,erui'g-usl"ri"*a all'rents and demand,n"rit. Borrower ""toli"'''enants -Ot"ot''i'" Further' should the nrevious tr," uaar"rJil""i""tt o*tio*'t-Bo"o*"r' of any tenant)' the on behalf paid directly ,o ,t" i*na", u, any tenant (tl Tl p"*y til5;;; such amounts to Borrower recerve runds from imrnediutely forward air tr,aitt Borrower ;J r"quir". " Lender hereby d";;, the Lender'
respect," *";;;;--'"r"'""""a-defaults any and all pavrnents that rhe parr of the L"";;;;; n, th""ri;;" i. ;;"ntly in J"ru..rL **er that Lender deems of any such righrs ;; ,;#". uy.L"l9", it' *v the tuture -.r;;;;"a o'"*p"ttttt' The Lender may Lender might receive in *n"tn"ril*'uiJprin"iput, inteiest oi remedies avaiiable necessary in its sole discretion, puy*"r,t *lir,'Jr;;;.'.[, *v "ri" the Guaranty Agreemen! or any 'igtto accepr and apply any such and/or ;"d;;" the Bonower or the Guarantors asainst
or agreements'
'i"tte
by Norrh carolina General the notification required derivered with respect to This retter is Statutes $ 45-21' I 6(c)(5a)'
McGutnPWooos LLP
H. Anderson, Jr'
JHAjr/
cc:
ExruBrr
2E
08t22/ZAlt t3iL2
FAN
Wtsottooz
Robcrt L, Stonc
e-mail: rlatone@propertyrightslawgrp.crm
telnphaner
{7 7 11
684-91ll
]
Algernon L. Butler III Butler & BrfiIer, L.t.F. P. O. Box BB Wilmington, N.C. e84os igro) 76*,-tga8 albutleriii @butlerbutler. com
Dear Mr. Sutler:
Augu*tee,lou
This letter ie to follow up on the conversations you had laxt Friday with me and with Ms- Teri L. Fetit. I am an-attorney, and Mo. Petit is a securitieo analyet. We have been *orkiog on the case of TP, Inc_", ijebto-r,1o-o1594-S-S1'YH. It has come to orrr sttention thit the security interest that Eank of Arnerica i* trying tp for_eclosQ was not ptupur*A in eotrformiry with North Carolinalaw and hence is not foreclosable, so the ii *pr*"*tttu is not secured. Also, we have Teason to believe that the security interests'were sold by Bank of America to a third party mor,e than !w_o ygars ago' $ince seems itr** i* no rsference'itr th* ease fiIe to the presentholder of the inde-btedness, itparry' that Bank of America is acting withsut the-authority or even kusr rlefue of that Therefore all of Bank of *rnerica's pteadiugs seem to be fraudulent.
i.tt
If you wpuld like to retein eur services, we will provide you with,an affrdavit by Ms. Petit similar to the two audits of residential mofig4ges I have attached hereto as ffi;t--: Vour uudit wsuld doctment and spell out the fraud and trace the chain ofof sestiou ;;;**p ottfre security iutermt. As you will *e* frqry the Qualifiry-tipns and fraud the attaded affidavit, nA*. p"tit i* an er;rert on the subject of tqcuritieation and would h* u"ailuti; if r*qo**t*d to t;#ify in court elaborating her findingl.- $hqiy a -believe t-hat a fee of $5o,ooo would be fair as very comFetent and confid*it *itrr**s. l,Ve a r,itainei, ineluding anytestimony in court as needed you asked for background informatiqn. A commercinl security interest$ is a kind of mortgae*. B*t**" id; and coog, most moftgages were bundled and sold inlarge gropps to ttot*, mar1y o?*trieh we,IB REMIC's ("Real Ee1atg lVlortgage Inveetment E""diiitt'), whiih-ha'ie veryfat'o"abte tax trsatrnent, and which in turn sold certlficates othqnds to irrrr*sto;. lU"irt +tl trillio; of thesehnds \*ere sold. The banks organized ,L-