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Steven-Alan: Magritz - ozaukeemob.org · limited to the Affidavit if Negative Averment #LDPS013002GRND incorporated in Formal Certificate of Protest #LDPS013002GRND? If no answer

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vci.1439 MU 2

TIMELY PRIVATE REQUEST FOR ADEQUATE ASSURANCE OF PERFORMANCE #LDPS02121212

From: Steven-Alan: Magritz [do W3797 Shady Lane] Saukville Wisconsin in the united States of America

To: Sylvester N. Weyker, Donald Dohrwardt, Rose Hass Leiden Paul H. Brunnquell, Scott A. Jaeger, Elizabeth Brelsford, Ervin J. Peiffer, Richard C. Nelson, Jai A. Eckert, George 0. Lampert, Frederick Kaul, Bernadyne M. Pape, Ralph W. Port, Alan P. Kletti, John C. Grosklaus, Thomas H. Richart, Clarence A. Boesch, Glenn F. Stumpf, Gerald E. Walker, Kimberly J. McCulloch, Gus W. Firth Jr., James H. Uselding, Kathiyn M. Callen, Stanley T. Kuifan, Karen E. Broman, Llavid H. Albert, Mark A. Cronce, Warren R. Stumpe, Kos therine L. Smith, Frances M. Meyer::, Theodore C. Egelhoff, John J. Hilber, all dba Supervisors (aka corporate directors), Maury A. Straub, dba Sheriff, Joseph D. McCormack, dba Honorable, Jeffrey S. Schmidt, dba Clerk of Court, Karen L. Makoutz, dba Treasurer, (all aka corporate officers), and Dennis E. Kenealy, db.. Ittomey, aka corporate agent, each in their private capacity, all thirty-seven (37) being "Debtor(s)'' herein

at: [ Debtor's respective address]

NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL

TAKE NOTICE that Steven-Alan: Magritz, hereinafter Requester, does make this timely request, nunc pro tune, to the Debtor(s) shown above, and Debtor's Principal(s) and Agent(s), for an Adequate Assurance of Performance.

Requester in good faith deems himself insecure.

Requester has never received notice that Debtor(s) will never ever agair interfere with the peaceful enjoyment and possession of Requester's Claim, that is the pril. ate ground [land] (specifically described in document number 701453, vol. 1433 on record at the office of the Register of Deeds, Ozaukee County, Wisconsin, incorporated herein by reference) that was taken from Requester on October 24, 2001 without claim by force of arms with threat of great bodily harm by Maury A. Straub and dozens of his heavily armed men, notwithstanding Agreements with Debtor including but not limited to LDPS#011001[XX], LDPS#011117, #LDPS011101A, #LDPS011108A (Deeds, #692784).

Requester has need of s ,ar,:iities for the peaceful enjoyment and fill use and possession of the land for which Debtor(s) have ap:.1:1 that Requester has a Right to and Debtor(s) have no claim to.

Requester needs assurances that Debtor(s) will live up to the Agreements and C' ;::tracts, as oebcor(s) have shown no indication of backing off and restoring Requester to the vacefal use, an ,1 possession of Requester's Claim

RequestforAdequateAssurance page 1 of 5

veL1439 FADE 3 Requester feels insecure in the actions that the Debtor(s) have not taken, including but not iimited to, not having admitted publicly that the property is tat of Requester, not acting to with 'raw their control, planning and use of the property within Requester's Claim, not having told Requester or acting in any way to give assurances that if Requester were to possess and use the property to the full rights of Requester as Claimant that Debtor(s) would not interfere with that action.

Requester makes these timely requests solely of necessity, as Requeste• 1.as never been informed that Debtor(s) intend to abide by the contract. Requester feels insecure in that although Debtor(s) admit to having no Claim and that only Requester has a Claim, that the acts and actions as stated herein above and as reported in the newspapers and as communicated to Requester by your public officials at your rnee:ings have demonstrated that it appears as though you do not intend to live -oy the Agreements and the Contracts.

Please be advised that I intend to enforce the Agreements and Contracts by whatever legal and lawful and peaceful means possible, which includes my request herein for assurances that you intend to abide by the Agreements and Contracts.

Requester has urgent need of responses to this request as to Debtor(s) providing adequate assurance of performance by (1) executing and returning to Requester a signed Treaty (ITEM A set forth herein below) under an "unqualified" oath under full commercial liability, (2) providing an indemnification to Requester (ITEM B set forth herein below), and/or (3) an alternative substantive offer suitable to remove Requester's insecurity.

The following questions are necessary, imperative, and material for determination if the aforesaid Agreements have been or are about to be repudiated and/or breached by Debtor(s). This request for adequate 'assurance, sent to all the above named parties, is he opportunity for each, to perform, nunc pro tune, the duty owed to all parties, that the terms and condit, ons agreed to have been and will be adhered to.

Requester is without remedy when Requester must act upon presumptions, as presumptions do not lead to due process. Because of the exigent circumstances under which Requester has suffered from the time the Debtor's committed their admitted trespass, in their private capacity, upon Requester, Debtor's have ten (10) days in which to respond, in writing, to the following questions. If more than ten (10) days are needed to respond, a reasonable extension of time may be granted to Debtor(s), upon written request with a showing of probable cause as to why Debtor(s) need more time. Failure to respond within the ter. (10) day time limit, from the date of mailing as evidenced on the Certificate of Mailing, will result in a fault thereto, and default being issued. A default will result in the prima facie evidence necessary to support the presumption of bad faith on Debtor's(s) part to provide clear and final indemnification.

A non-responsive answer to any question set forth herein will be deemed a non-responsive answer to all questions. All questions must be answered under penalty of perjury as trae, correct, complete, and not misleading. Failure to certify the answers thereto in this manner will be deemed as a non-response to the questions. If the person to whom this Request for Assurance of Performance is addressed is not the proper party to receive this Request, Requester will presume that the person to whom this is addressed will promptly notify the Requester of the name and title of the proper person who should receive this request and/or that the person who gets this Request will forward this request to the proper party forthwith. The principle of "Notice to the principal is notice to the agent and notice to the agent is notice to the principal" applies. This notice also applies to any successors or assigns.

INQUIRIES

RequesiforAdquateAssurance page of 5

VCL1439 DIGE 4 Requester requests Debtor(s) respond to the following inquiries. Answers are provided for each of the inquiries for the convenience of the Debtor(s). Debtor(s) may controvert the statements or claims made by Requester by executing and delivering a verified response point by point, with evidence in support.

Debtor(s) may freely confess and admit, stipulate and agree to any and all answers provided herein by TACIT PROCURATION by simply remaining silent.

1. Does Debtor freely confess and admit, stipulate and agree, that Debtor has a duty to execute and return to Requester a copy of the Treaty set forth in ITEM A herein below with signature of Debtor affixed thereto?

If no answer is otherwise provided, Debtor stipulates the answer is: "YES".

2. Does Debtor freely confess and admit, stipulate and agree, that Debtor has failed or refused to execute and return to Reqaester a copy of the Treaty set forth in ITEM A herein below with blue ink or red ink signature of Debtor affixed thereto?

If no answer is otherwise provided, Debtor s4ulates the answer is: "YES".

Does Debtor freely confess and admit, stipulate and agree, that Debtor has failed or refused to offer an alternative substantive offer suitable to remove Requester's insecurity?

If no answer is otherwise provided, Debtor stipulates the answer is: "YES".

4. Does Debtor have any problem with setting the value of the bond and the value of the liability at $ 5,01-9,000.00 per occurrence per man, woman, or person as set forth in prior notice to the parties by

'Ilication in the Ozaukee Press in April and May of 2001 and in prior documents including but not limited to the Affidavit if Negative Averment #LDPS013002GRND incorporated in Formal Certificate of Protest #LDPS013002GRND?

If no answer is otherwise provided, Deb or stipulates the answer is: "NO".

Does Debtor freely confess and admit, stipulate and agree, to indemnify Requester in the amount of $15,000,000.00 in use fees or rent of Requester's Claim for as tong as Debtor does not give assurances that Requester's peaceful use and possession of the Claim [land] is guaranteed?

II no answer is otherwise provided, Debtor stipulates the answer is: "YES".

Does Debtor freely confess and admit, stipulate and agree. that Requester may, by and through his Straw Man as secured creditor, execute a Security Agreement and financing statement on behalf of Debtor with Debtor's Straw Man as the named debtor, pursuant to and/or consistent v ith the terms as set forth in ITEM B below?

if no answer is otherwise provided, Debtor stipulates the answer is: "YES".

Does Debtor(s) intend to allow Requester the immediate peaceful possession and use of Requester's Claim?

VLI1439 FAIGE

ITEM A: "The public record shows that neither the County, the State, nor any other third party has a claim to the parcel of ground (earth) [land] commonly referred to as being located at W3797 Shady Lane, town of Fredonia, Wisconsin state, specifically described in document number 701453, vol. 1433 on record at the office of the Register of Deeds, Ozaukee County, Wisconsin, from which Steven-Alan: Magritz, Secured Creditor herein, was forcibly removed at gunpoint and threat of great bodily harm by Maury Straub and dozens of his men on October 24, 2001, and thai Secured Creditor is the only party who has set forth a Claim to said "land". The public record shows that everybody has recognized the Claim of Secured Creditor, and that nobody is going to create any criminal or civil charges against Secured Creditor for going back onto Secured Creditor's property, and that nobody is going to come out with or without force of arms and remove Secured Creditor from the enjoyment and possession of said property after Secured Creditor returns thereto, and that nobody is going to charge Secured Creditor with any crimes for going back on Secured Creditor's Claim.

The aforesaid shall stand as the Agreement of the parties, and shall be binding on the Undersigned, and the Principal(s) and/ or the Agents of the Undersigned, forever. This agreement further gives recognition to all of the givens and grants claimed by Secured Creditor under the original Land Patents granted by the President of The United States of America to the original Patentees in the years 1837 and 1840, which state in pertinent part: "TO HAVE AND TO HOLD the same, together with all 11.- rights, privileges, immunities, and appurtenances of whatsoever nature, thereunto belonging, unto the said [named Patentee] and to his heirs and assigns forever.", which the Undersigned, and the Principal(s) and/ or Agents of the Undersigned, agree to honor and abide by forever.

ITEM B: SELF-EXECUTING CONTRACT/SECURITY AGREEMENT: Aforesaid Debtor (see list of 37 Debtors herein above) is debtor and Steven-Alan: Magritz is Secured Party. Debtor: (1) grants Secured Party a security interest in all of Debtor's property and interest in property in the sum certain of Fifteen. Million dollars ($15,000,000.00); (2) authenticates this Security Agreement wherein Debtor is debtor and Steven-Alan: Magritz is Secured Party, and wherein Debtor pledges all Debtor's property, i.e., All consumer goods, farm products, inventory, equipment, money, invesaneni property, commercial tort claims, letters of credit, letter-of-credit rights, chattel paper, instruments, deposit accounts, accounts, documents, general intangibles, and all Debtor's interest in all such foregoing property, now owned and hereafter acquired, now existing and hereafter arising, and wherever located, as collateral for securing debtor's contractual obligation in favor of Secured Party; (3) and agrees with Secured Party's filing of a UCC Financing Statement wherein Debtor's Straw Man is debtor and Steven-Alan: Magritz's Straw Man is Secured Party; (4) consents and agrees that said UCC Financing Statement described above in paragraph "(3)" is a continuing financing statement, and further consents and agrees with Secured Party's filing of any continuation statement necessary for maintaining Secured Party's perfected security interest in all of Debtor's property and interest in property pledged as collateral in Security Agreement described above in paragraph "(2)", until Debtor's contractual obligation theretofore ;ncurred has been fully satisfied; (5) authorizes Secured Party's filing of any UCC Financing Statement, as described above in paragraph "(3)", as well as in paragraph "(4)", and the filing of any Security Agreement, as described above in paragraph "(2)", in the UCC filing office; (6) consents and agrees that any and all such filings described in paragraphs "(4)" and "(5)" above are not, and may not be considered, bogus, and that Debtor will not claim that any such filing is bogus; (7) waives all defenses and counterclaims, both civil and criminal; and (8) appoints Secured Party as Authorized Representative for Debtor, effective upon Debtor's default re Debtor's contractual obligations in favor of Secured Party as set forth below ander "Payment Terms" and "Default Terms", with full authorization and power granted Secured Party for engaging in any and all actions on behalf of Debtor including, but not limed by, authentication of a record on behalf of Debtor, as Secured Party, in Secured Party's sole discretion, deems appropriate, and Debtor, further consents and agrees that this appointment of Secured Party as Authorized Representative for Debtor, effective upon Debtor's default, is irrevocable and coupled with a security interest. Debtor further consents and agrees with all the following additional terms of Self-executing Contract/Security Agreement: PAYMENT TERMS:

Debtor hereby consents and agrees that Debtor shall pay Secured Party all amounts owing in full within ten (10) days of date that Secured Party's invoice, hereinafter "Invoice", itemizing said amounts, is served upon Debtor.

RequestforAdequateAssurance page 4 of 5

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