R:erURNAODR.ESS:

Wayne Irving Newton

c/o 9'08 Monterey Street

Redlands, California [92373]

, ~ ...

SPACE ABOVE THlSUNe FOR" RECORDER'S use

AFFIDAVIT OF OBLIGATION

COMMERCIAL LIEN

Secured Party Creditor: ~ayne Irving New~on ""

Respondents: Thousand Trails dba DOROTHY J. SMITH TRUST

and all AGENTS, CONTRACTORS, and REPRESENTATIVES

Wayne I. Newton c/o 908 Monterey St. Redlands, California non domestic

Maxims:

Affidavit of Obligation Commercial Lien

(This is a verified plain statement of fact)

A Security (/5 USC) A USSEC Tracer F/a£

All men and women know that the foundation oflaw and commerce exists in the telling of the truth , the whole truth, and nothing but the truth.

Truth as a val id statement of real ity is sovereign in commerce.

An unrebutted affidavit stands as truth in commerce.

An unrebutted affidavit is acted upon as the judgement in commerce.

Guaranteed- All men shall have a remedy by the due course oflaw. If a remedy does not exist, or if the existing remedy has been subverted, then one may create a remedy for themselves and endow it with credibility by expressing it in their affidavit. (Ignorance of the law might be an excuse, but it is not a valid reason for the commission of a crime when the law is easily and readily available to anyone making a reasonable effort to study the law.)

All corporate government is based upon Commercial Affidavits, Commercial Contracts, Commercial Liens and Commercial Distresses, hence, governments cannot exercise the power to expunge commercial processes.

The Legitimate Political Power of a corporate entity is absolutely dependent upon its possession of Commercial Bonds against Public Hazard, because no Bond means no responsibility, means no power of Official signature, means no real corporate political power, means no privilege to operate statutes as the corporate vehicle.

The Corporate Legal Power is secondary to Commercial Guarantors. Case law is not a responsible substitute for a Bond.

Municipal corporations which include cities, counties, states and national governments have no commercial reality without bonding of the entity, its vehicle (statutes), and its effects (the execution of its rulings).

Except for a Jury, it is also a fatal offense for any person, even a Judge, to impair or to expunge, without a Counter-Affidavit, any Affidavit or any commercial process based upon an Affidavit.

Judicial non-jury commercial judgments and orders originate from a limited liability entity called a municipal corporation, hence must be reinforced by a Commercial Affidavit and a Commercial Liability Bond.

A foreclosure by a summary judgment (non-jury) without a commercial bond is a violation of commercial law.

Governments cannot make un bonded rulings or statutes which control commerce, free enterprise citizens, or sole proprietorships without suspending commerce by a general declaration of martial law.

[t is tax fraud to use Courts to settle a dispute/controversy which could be settled peacefully outside of or without the Court.

An offic ial (officer of the court, policeman, etc.) must demonstrate that he/she is individually bonded in order to use a summary process.

An official who impairs, debauches, voids or abridges an obligation of contract or the effect of a commercial lien without proper cause, becomes a lien debtor and his/her property becomes forfeited as the pledge to secure the lien. Pound breach (breach of impoundment) and rescue is a felony.

It is against the law for a Judge to summarily remove, dismiss, dissolve or diminish a Commercial Lien. Only the Lien Claimant or a Jury can dissolve a commercial lien.

Notice to agent is notice to principal; notice to principal is notice to agent.

PUBLIC HAZARD BONDING OF CORPORATE AGENTS All officials are required by federal, state, and municipal law to provide the name, address and telephone number of their public hazard and malpractice bonding company and the policy number of the bond and, ifrequired. a copy of the policy describing the bonding coverage of their specific job performance. Failure to provide this information constitutes corporate and limited liability insurance fraud (15 USC) and is prim-a-facie evidence and grounds to impose a lien upon the official personally to secure their public oath and service of office.

Parties:

Wayne I. Newton/Secured Party Creditor c/o 908 Monterey Street Redlands, California non domestic

RESPONDENTS THOUSAND TRAILS dba DOROTHY J SMITH TRUST and all agents, contractors, and representatives. c/o PO BOX 78843 PHOENIX, AZ 85062-8843 and DANIEL JACKSON dba TTNLT COl Member Services c/o 3801 Parkwood Blvd. Suite 100 Frisco, TX 75034 and Linda Cowart, Director of Member Services Other RESPOND ENTS JOHN DOES 1-10

Allegations:

Allegations arise from the conduct of Lien Debtors in regards to their conduct doing business as THOUSAND TRAILS.

I. Edith L Stephens, born December 8,1925, received notice ofa VIP Membership presentation of THOUSAND TRAILS for previous active members to be held at the Hilton Hotel, San Bernardino, California on January 17,2007

2. Edith L Stephens was interested in the program presented by Daniel Jackson, however she was disabled with back, hip and ankle disorders.

3. Wayne I. Newton, a cousin, had been contracted as the care giver for the previous 4 years living in the home of Edith L. Stephens.

4. During the discussion with Daniel Jackson, the question of caregiver Wayne I. Newton being eligible for VIP membership as Domestic Partner as Edith L. Stephens had no use for herself.

5. After the discussion and the understanding that Wayne I. Newton could become a VIP member of Thousand Trails with his own membership card in the name of "Wayne I. Newton", Wayne I.

2

Newton agreed to the THOUSAND TRAILS PREMIER price of$5,995.00 and made payment on January 17,2007.

6. When Wayne I. Newton tried to make reservations as a VIP member of Thousand Trails under Wayne I. Newton, he was refused repeatedly.

7. Despite many calls and e-mail messages, Daniel Jackson was not able to give Wayne I. Newton VIP membership as he continued to be identified as Wayne N. Stephens.

8. Thousand Trails statement date of 03-11-2009 incorrectly addresses as Edith L. Stephens and Wayne N. Stephens .ST31 /004252 FOR TOTAL DUE $284.55.

9. In a USPS letter postmarked July 10, 2009, for the first time since payment for membership was made on January 17,2007, Wayne I. Newton was correctly named and the letter contained a correct VIP membership card.

10. THOUSAND TRA[LS ignoring all requests had continued to incorrectly keep Wayne I. Newton referred to as Wayne N. Stephens contrary to the agreement with THOUSAND TRAILS AGENT, DANIEL JACKSON.

II . Wayne I. Newton was unable to make reservations from January 17,2007 to March 11 , 2009, a period of2 years I month and 3 weeks and I day.

12. Wayne I. Newton has given up on trying to access THOUSAND TRAILS VIP services as he was continually refused.

13. Now that Wayne I. Newton has repeated his request for the THOUSAND TRAILS PREMIER payment to be returned for non performance of agreement and refusal of service, Thousand Trai Is has finally acceded to VIP membership as Wayne I. Newton requested.

14. Wayne I. Newton repeats demand for the return of $5,995.00 for non performance and denial of services.

15. A USPS delivery of a letter postmarked March 18, 2009was addressed to an unknown person, Wayne N. Stephens with a statement of "minimum payment due: $284.55.

16. After March 18, 2009, additional monthly statements have been address to Wayne I. Newton via the USPS demanding payment.

17. A VIP THOUSAND TRA[LS membership card was delivered by USPS postmarked July 10, 2009.

18. Multiple telephone calls have been made by Thousand Trails agents to force Wayne I. Newton to make payments for services not provided for over 2 years constituting " Elder Abuse" .

Proof of Allegations:

[. Respondents affirm that Wayne I. Newton purchased THOUSAND TRAILS VIP status on January 17,2007 on the condition his membership would be in his name, "Wayne I. Newton". Ifno timely rebuttal, it is AFF[RMED.

2. Respondents affirm that despite providing all requirements to Agent, Daniel Jackson, by care giver, Wayne I. Newton, VIP MEMBERSH[P STATUS was not granted for a period of more than 2 years. [f no timely rebuttal, it is AFFIRMED.

3. Respondents affirm that Wayne I. Newton paid $5955.00 to THOUSAND TRAILS on January 17, 2007 by credit card for VIP THOUSANDTRAILS membership. [f no timely rebuttal, it is AFFIRMED.

4. Respondents affirm that Wayne I. Newton was assured that VIP membership services would commence immediately after a reasonable period of no more than 2 or 3 weeks. Ifno timely rebuttal, it is AFF[RMED.

5. Respondents affirm that each time that Wayne I. Newton attempted to make VIP reservations, he was denied. [f no timely rebuttal, it is AFFIRMED.

6. Respondents affirm that despite a demand for return of his payment of $5,995.00 for membership as services were denied , return of payment has not occurred. [fno timely rebuttal, it is AFFIRMED.

7. Respondents affirm that THOUSAND TRA[LS has made repeated attempts to collect fees from both Wayne I. Newton and Wayne L. Stephens (incorrect) utilizing the USPS. [f no timely rebuttal, it is AFF[RMED.

3

8. Respondents affirm that collection for VIP membership for Wayne I. Newton under the name of a fictitious name of Wayne L. Stephens continued despite numerous requests to enroll Wayne I. Newton, the real man, using the United States Postal Service. Ifno timely rebuttal, it is AFFIRMED.

9. Respondents affirm that the use of the United States Postal Service to collect fees for services refused constitutes mail fraud. Ifno timely rebuttal, it is AFFIRMED.

10. Respondents affirm that E. Lavonia was admitted to Loma Linda Medical Center on September 21, 2009 sever infection and stroke. Ifno timely rebuttal, it is AFFIRMED.

II. Respondents affirm that E. Lavonia has not fully recovered and suffers from marked memory loss and depression due to the collection procedure by Thousand Trails. Ifno timely rebuttal, it is AFFIRMED.

12. Respondents affirm that due to Thousand Trails attempt to collect for contract services for VIP status not available for Wayne I. Newton, E. Lavonia Stephens secretly intercepted the monthly Thousand Trails bills and paid 11-16- 2009 and 1- 8- 2010 for a total of$548.67 . Ifno timely rebuttal, it is AFFIRMED.

13. Respondents affirm that Thousand Trai Is, dba Dorothy J. Sm ith Trustand all agents, representatives, and contractors have been in the act of ELDER ABUSE of E. Lavonia Stephens affecting her health adversely. Ifno timely rebuttal, it is AFFIRMED.

14. Respondents affirm that the actions by Thousand Trails have caused a deterioration of the health of E. Lavonia Stephens in the past and continues to cause harm presently. If no timely rebuttal, it is AFFIRMED.

NOTICE is hereby given that RESPONDENTS have ten (10) days after receipt of this Affidavit of Obligation to rebut, deny, or otherwise prove invalid the above allegations. Failure to rebut, deny, or otherwise prove any allegation will be construed to be failure to rebut, deny, or otherwise prove all allegations.

Ledgering: Ledgering for the violations of the united States Constitution and the Bill of Rights and multiple violations of 18 USC, SECTION 1341.

Notice and Demand: I. Return of$5995.00 by RESPONDENTS to Secured Party Creditor, Wayne I. Newton. 2. Payment of $4000.00 by RESPONDENTS to Secured Party Creditor, Wayne I. Newton for

compensation for research, fees and expenses.

Sureties: Private Registered Indemnity Bond Number RE 603 024 081 US-WIN Issue Date: December 21 , 2009; Maturity Date: December 20, 2039 UCC File Number: 09-72379387, Filed 12-24-09. Insured: Wayne I. Newton Private registered Offset and Discharge Bond Number RE 603024078 US-WIN Issue Date: December 21,2009 Maturity Date December 20, 2039 UCC File Number: 09-72379387, Filed 12-24-09. UCC File Number: 09-72379387, Filed 12-24-09.

Insured: Thousand Trails dba Dorothy J. Smith Trust and all agents, contractors and representatives.

4

I, Wayne I. Newton, certify on my own commercial liability that I have read the above and I have grounds and do believe that the above acts were committed contrary to law and to the best of my knowledge and recollection it is true, correct, and complete, and not misleading, the truth, the whole truth, and nothing but the truth.

NOTARY

Wayne I. Ne n c/o 908 Monterey Street Redlands, California [92373]

On this date, TIJNt/iJP"Y 1/ 2 tJ{ 0 ,a man, appearing in his true character, who identified himself as Wayne I. Newton appeared before me, -Lf't.~: rt e ff&tJrFll1l ~R ,a notary public residing in San Bernardino county,

alifornia state, and attested to the truth of this affidavit with his oath and autograph.

tlid6f;~ NOTARY PUBLIC

My Commission Expires on March 28, 2012. Seal

Jt ... · .. ·B~t T:~:T~':LE·R . . ,

@ Commission II 1792612 i -a Notary PubliC • California I J San lernardlna County i ••••• J&'Ccmn._'fl:~f'1 •

5