Affidavit: Novation, Orders,

Clarification and Statement of

Value and Consideration
Sept 21st, 2024
From:
Smokey The Bear, attorney-in-fact
On behalf of SMOKEY THE BEAR
Charlotte, NC 28211
(123) 456-7890
[email protected]

To:
NAME OF DEFENDANT
ADDRESS
Washington, DC 20416
Certified Mail #

Regarding application #XXXXX, loan #XXXXXX and any attached

or connected accounts, applications, reorganization agreements,
negotiable instruments, etc.

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 Section 1: Definitions
Payment:
The fulfillment of a promise, or the performance of an agreement. -Black’s Law 4th Edition

Tender:
1. The offer of performance, not performance itself, and, when unjustifiably refused, places other
party in default and permits party making tender to exercise remedies for breach of contract. -
Black’s Law 4th Edition

2. An offer of money; the act by which one produces and offers to a person holding a claim or
demand against him the amount of money which he considers and admits to be due, in
satisfaction of such claim or demand, without any stipulation or condition. -Black’s Law 4th
Edition

Check:
The Federal Reserve Board defines a check as “a draft or order upon a bank or banking house
purporting to be drawn upon a deposit of funds for the payment at all events of a certain sum of
money to a certain person therein named or to him or his order or to bearer and payable instantly
on demand.” It must contain the phrase “pay to the order of.” - Black’s Law 5th Edition

US dollars:
United States coins and currency (including Federal reserve notes and circulating notes of
Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes,
and dues. Foreign gold or silver coins are not legal tender for debts. - 31 USC 5103

Novation:
The substitution of a new debt or obligation for an existing one. -Black’s Law 4th Edition

Consideration:
1. Consideration is not to be confounded with motive. Consideration means something which is
of value in the eye of the law, moving from the plaintiff, either of benefit to the plaintiff or of
detriment to the defendant. -Black’s Law 4th Edition

2. Nothing is consideration that is not regarded as such by both parties. Schlecht v. Schlecht, 168
Minn. 168, 209 N.W. 883, 887

Nation:
“An Independent body politic; a society of men united together for the purpose of promoting
their mutual safety and advantage by the joint efforts of their combined strength. But every
combination of men who govern themselves independently of all others will not be considered a
nation. A body of pirates, for example, who govern themselves, are not a nation. To constitute a
nation, another ingredient is required. The body thus formed must respect other nations in
general, and each of their members in particular. Such a society has her affairs and her interests;
she deliberates and takes resolutions in common, thus becoming a moral person, who possesses
an understanding and will peculiar to herself, and is susceptible of obligations and rights.” -
Vattel, Prelim. Ill, 2; 5 Pet. (U. S.) 52. See 1 Idaho (N. S.) 612.

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UCC 3-103 definitions of “order” and “promise” (a “bill of
exchange” is an unconditional order to pay and a “promissory note”
is an unconditional promise to pay):
(8) "Order" means a written instruction to pay money signed by the person giving the instruction.
The instruction may be addressed to any person, including the person giving the instruction, or to
one or more persons jointly or in the alternative but not in succession. An authorization to pay is
not an order unless the person authorized to pay is also instructed to pay.

(12) "Promise" means a written undertaking to pay money signed by the person undertaking to
pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also
undertakes to pay the obligation.

Ens legis:
A creature of the law; an artificial being, as contrasted with a natural person. Applied to
corporations, considered as deriving their existence entirely from the law. -Black’s Law 4th
Edition

Section 2: Introduction
Thank you very much for reading this and forwarding it to the proper person to handle it. Notice
to agent is notice to principal.

I’m available via multiple forms of contact if any clarification of this document is needed prior to
responding in affidavit form.

Section 3: Novation Points

A. Parties

1. Definitions and Background

The definition of Person, from 26 USC 7701(a)(1) is: “The term ‘person’ shall be construed to
mean and include an individual, a trust, estate, partnership, association, company or
corporation.”

The definition of “certificate” is: “statement of some fact in a writing signed by the party
certifying.” -Nowell v. Mayor and Council of Monroe, 177 Ga. 648, 171 S.E. 136, 141

The definition of “live birth” is: “‘Live birth’ means the complete expulsion or extraction from
its mother of a product of conception (irrespective of the duration of pregnancy) which, after
such separation, breathes or shows any other evidence of life such as beating of the heart,
pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the
umbilical cord has been cut or the placenta is attached.”

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A “Certificate of Live Birth” is a statement of fact that a live birth occurred.

Typically, there are aspects of the live birth, such as the placenta, which is “abandoned” (left for
disposal) by the mother. This could also be other parts of the birth such as the umbilical cord.

“STATE OF INDIANA” is listed as a business on Dun and Bradstreet and is located in the
District of Columbia. The evidence behind this is that the United States is located in the District
of Columbia as per UCC 9-307(h). “STATE OF INDIANA” is a sub-corporation of “United
States.” 4 USC 72 also covers this idea as well: “All offices attached to the seat of government
shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly
provided by law.”

“Naturalization,” as per 8 USC 1101(a)(23) is defined as: “The term ‘naturalization’ means the
conferring of nationality of a state upon a person after birth, by any means whatsoever.”

The word “state” from naturalization is synonymous with the word “nation,” which is defined in
the definitions section in Section 1 of this novation.

The definition of the word “person” from Title 8 is defined as “an individual or organization.”
The definition of the word “organization” from above comes from 8 USC 1101(a)(28) and is:
“The term “organization” means, but is not limited to, an organization, corporation, company,
partnership, association, trust, foundation or fund; and includes a group of persons, whether or
not incorporated, permanently or temporarily associated together with joint action on any subject
or subjects.”

The definition of “public corporation” is: “A public corporation is one created by the state for
political purposes and to act as an agency in the administration of civil government.” -Black’s
Law 4th edition

2. Clarification and Novation of Parties

When born, my mother “abandoned” the various “products of conception.” These products were
part of the live birth and the Certificate of Live Birth involves only those abandoned products,
not the male body of which I possessed and inhabit to this day.

The “Certificate of Live Birth” is a document that is an abandonment and naturalization

document. It is a document that shows that products of the Live Birth were abandoned and it also
is my mother conferring the nationality of the State (incorporated business) called “STATE OF
INDIANA” upon the abandoned products of conception, after birth, by any means whatsoever
(naturalization). This effectively naturalized, what was assumed to be me, falsely, into the
District of Columbia.

There is a specific line on my Certificate of Live Birth entitled “Date received by local Health
Officer.” This date is the date that a public corporation/trust/estate was opened as a legal fiction
which represents the abandoned products of conception.

This public corporation/trust/estate is represented by my name, converted into a trade name or

“doing business as” name of my name in all capital letters: SMOKEY THE BEAR.

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This corporation/trust/estate is a person, as per most definitions found of the word.

The birthday of the person, SMOKEY BEAR, is the date that the Certificate of Live Birth was
received by the local Health Officer, which would be August 19th, 1978.

THE SOCIAL SECURITY NUMBER IS AN EMPLOYER IDENTIFICATION NUMBER

(EIN/TIN) FOR THE ENS LEGIS AND IS NOT ATTACHED TO THE NATURAL
PERSON. EIN NUMBERS ARE ASSIGNED TO BUSINESSES, NOT MEN AND
WOMEN.

Myself, not involving any of the above aspects, am a “natural person” or “individual.” But those
terms are quite confusing and even have some definitions that infer that the terms could include
artificial fictions such as corporations, trusts, estates, etc.

A good example of the above confusion can be found in this definition of the word “individual”:

“As a noun, this term denotes a single person as distinguished from a group or class, and also,
very commonly, a private or natural person as distinguished from a partnership, corporation, or
association; but it is said that this restrictive signification is not necessarily inherent in the word,
and that it may, in proper cases, include artificial persons.” -State v. Bell Telephone Co., 36 Ohio
St. 310, 38 Am.Rep. 583.

For clarity of all of our contracts, the term “natural person” and ALSO the term “individual,” in
all aspects of our contracting, will be defined as the following:
“the living man or woman. This man or woman operates and speaks on behalf of the public
corporation/trust/estate in the fictional world, but is entirely a different person. This
“individual” or “natural person” does not fit the definitions in the normal legal world and
this definition specifically and entirely eliminates all assumptions of jurisdiction,
citizenship, nationality, etc. All of that information is definable only and exclusively by the
individual man or woman and is NOT subject to absolutely any involuntary servitude,
forced contractual obligation, etc.”

My birthday, as a natural person, is August 1st, 1978.

I operate as the attorney-in-fact over the person named SMOKEY THE BEAR and all contact
will be made through SMOKEY THE BEAR (including any litigation).

Conclusion:
There are two persons at play here. One is a “natural person” and the other is a public
corporation. The public corporation is used as a buffer or flow-through for all commercial
transactions and it is agreed through this novation that the trade name, SMOKEY THE BEAR,
will be the primary person mentioned on all documents and litigation and then the natural person,
Smokey The Bear, speaks on behalf of the public corporation because the public corporation
cannot speak or write.

Smokey The Bear will not be the one entering jurisdiction into any court and he will be using
naturalization in order to move SMOKEY THE BEAR into the court but it is agreed by all
parties that he is still operating pro se in the courts as he is still presenting “in his own name.”
The agreement is that SMOKEY THE BEAR is a commercial trade name that Smokey The Bear
is authorized to use in commerce. Smokey The Bear is a foreign national of the Nation of the
Amnesty Coalition, which can be viewed at www.theamnestycoalition.org.

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SMOKEY THE BEAR is movable via naturalization as per 8 USC 1101(a)(23) and will be
moved around, at will, by Smokey The Bear. Smokey The Bear is not a “resident” or “citizen” of
absolutely any corporate, incorporated or business entity. The plural version of men or women is
“people,” whereas the plural of legal fictions is “persons.”

B. All Other Points of Novation

1. All previous assumed or expressed arbitration agreements are hereby void due to fraud
and lack of consideration. No parties are any longer eligible for ANY arbitration
activities and discovery, right to a jury trial and ALL other rights of due process are
hereby retained explicitly by all parties

2. All previous Powers of Attorney, expressed or implied, are hereby canceled. A new
limited Power of Attorney can be written up based on the aspects of this novation, if
desired.

3. Without prejudice and the reserving of all rights is hereby activated for both SMOKEY
THE BEAR and Smokey The Bear. All rights are reserved at all times.

4. All negotiable instruments (promissory notes and bills of exchange) involving all
transactions on all accounts past, present and future, are hereby novated under fraud (lack
of clear conditions/terms, fraud, unjust enrichment, etc). All past, present and future
blank indorsements are hereby canceled. ALL BLANK INDORSEMENTS, FROM THIS
POINT FORWARD, NEED TO BE EXPLICITLY INDORSED “Pay to the order of:
bearer” OTHERWISE THEY CANNOT BE ASSUMED TO BE BLANK. The new
qualified/special indorsement for all past, present and future securities is now the
following (consideration to all currency exchanges will be paid once performance of
Federal Reserve Discount Window services have been completed and Federal Reserve
Notes are returned to the payee):

WITHOUT RECOURSE
Pay to the Order of:
SMOKEY THE BEAR
By: /s/ Smokey The Bear, agent
---------
Smokey The Bear, attorney-in-fact

5. All Title 18 (USC) crimes, and also all State penal and criminal claims, which normally
do not have a “private right of action” in litigation, are hereby entered into this novation
as a CONTRACTUAL aspect of our private agreements. Meaning that all of these Codes
are now enforceable in a civil court as a private part of our contractual obligations and
THESE CODES ARE NOW ACTIVE TO BEING CAUSES OF ACTION IN CIVIL
COURT.

6. Anything that was previously pledged as collateral on any accounts or loans, above and
beyond the original promissory note that now has a qualified/special indorsement, is
hereby released and is no longer attached as collateral on any accounts.

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 7. All interest payable on all notes or bills are now claimed by SMOKEY THE BEAR and
Smokey The Bear and that controversy needs to be sorted out right away so we can
determine what service fee that any banking/financial organization will be getting for the
service of currency exchange at the Federal Reserve Discount Window.

8. If you are a bank, credit union, or any other financial organization, you are hereby now
the fiduciary for SMOKEY THE BEAR and Smokey The Bear. Your fiduciary duty is to
ensure the clean, direct and honest negotiation of all negotiable instruments and to
properly help us do a currency exchange of the original collateral securities for Federal
Reserve Notes at the Federal Reserve Discount Window. Absolutely anything that would
not effectively and rapidly assist in that is now officially a breach of fiduciary duties. Any
usage of the term “lender” or “borrower” when attempting to say that you “lended” either
of us anything will be a charge of breach of fiduciary duties. The ONLY thing that is
considered consideration in this contract is now the helpful actions that assist us in
security swaps at the Federal Reserve Discount Window - NOTHING ELSE IS
CONSIDERATION.

9. Notarization is not naturalization and just because a document was notarized in a location
does not mean that is naturalization of any individual or organization. Naturalization is
only legally binding if it is a clear and specific conferring of a state/State/nation upon an
individual or organization, after birth, by any means whatsoever. As of the writing of this
novation, the incorporated nation of STATE OF NORTH CAROLINA is hereby
conferred upon SMOKEY THE BEAR, while Smokey The Bear confers the state called
the Nation of the Amnesty Coalition (unincorporated) upon himself, after birth, by any
means whatsoever.

Section 3: Value and Consideration

Clarification
To be clear, all “lending” never occurred so is not considered consideration (because there is no
lending going on).

But facilitating Federal Reserve services at the Discount Window via an OC-10 agreement is
considered consideration.

It is valuable consideration that my currency (original note) is being swapped at the Window for
another type of currency (Federal Reserve Notes) and returned to me.

This activity is not “lending” but is a simple “currency exchange.” This is what it will be called
in all aspects of our contract or any necessary litigation.

Any usage of the word “lending” or any indication of me being “loaned” anything will be met
with fraud charges.

Section 4: Orders
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Please discharge/set-off all imbalanced accounts and immediately refund all overperformance on
this account since the account's inception. Please send me a verified affidavit of this being
completed (by an individual). Please include their phone number and email on the affidavit as
well in case I need to contact them.

Please immediately remove any bad reports that may have been made on the credit score of the
trade name SMOKEY THE BEAR.

Please remove any accounts from any “collections.”

Please also release all liens or any other security interest that has been filed in any way for any
asset and please destroy any Certificates of Title or any other securities showing a “security
interest” for anything associated with our contracts.

All assets will now be held in full dominion in private trusts that are located in the Nation of The
Amnesty Coalition. Do not list the public corporation as a “registered owner” or release any
documentation showing a security interest. Anything issued of this type will be securities fraud
and will be handled with litigation (civil and criminal).

This includes any interest available from the swapping of any collateral securities at the Federal
Reserve Discount Window, any extraneous and irrelevant Federal Reserve Notes that were
tendered onto this account, and any additional securitization or activities that took place with any
original collateral securities.

You have a total of 30 days to complete these orders from the time this affidavit is signed for
(there will be a series of other mailings sent to you during this time to ensure proper notice of
novation).

This document is an unconditional order to perform.

Section 5: Closing Statements

This affidavit is being sent to you in good faith.

UCC 1-201 defines “good faith” as: “honesty in fact and the observance of reasonable
commercial standards of fair dealing.”

I would like to be clear that I am absolutely and entirely available for in-person communication,
email, phone calls, texts, faxes or hard mail through the USPS. I am not a combatant and simply
wish to establish a more equitable agreement between us both where we can both win and
succeed.

This is an affidavit that is being issued to you. This affidavit must be rebutted by an affidavit
specifically clarifying and rebutting each and every INDIVIDUAL aspect of which you are not
in agreement with or would like to change and exact and specific reasoning and supporting
laws/statutes must be written in the affidavit in order for there to be a justiciable controversy on
that particular aspect.

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The total time that you are being given to perform on these orders is 30 days from the receipt of
this affidavit.

If there is a denial of the orders in Section 4 or if these affidavits are ignored, litigation will be
filed and served immediately after the denial or immediately after the 30 day period elapses.

You can call me, email me, send mail to me, or any other reasonable attempt to contact me and
I’ll be more than happy to speak to you. I am more than willing to work with you and this section
is here just to be clear that intimidation, slander, libel, lies and bluffs will be AGGRESSIVELY
handled to the absolute fullest extent of the law.

Honest attempts to solve the difficulties and controversies that we find ourselves in will be met
with sincerity and appreciation.

Signature Section (pursuant to 28 USC 1746, “If executed without the United States”):

I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on _______________________________ (date):

_____________________________________

Without prejudice
By: Smokey The Bear, agent
For: SMOKEY THE BEAR, principal