Sunday, September 9, 2012

Copyright Notice

Copyright Notice


Copyright Notice:
                All rights reserved re common-law copyright of trade-name/trade-mark, HARVEY LEE LANE SEARCY©, as well as any and all derivatives and variations in the spelling of said trade-name/trade-mark, Common Law Copyright ©2003 by Harvey Lee Lane Searcy. Said common-law trade-name/trade-mark, HARVEY LEE LANE SEARCY©, may neither be used, nor reproduced, neither in whole nor in part, nor in any manner whatsoever, without the prior, express, written consent and acknowledgement of Harvey Lee Lane Searcy as signified by the red-ink signature of Harvey Lee Lane Searcy, hereinafter “Secured Party.” With the intent of being contractually bound, any juristic person, as well as the agent of said juristic person, consents and agrees by this Copyright Notice that neither said juristic person, nor the agent of said juristic person, shall display, nor otherwise use in any manner, the common-law trade-name/trade-mark HARVEY LEE LANE SEARCY©, nor the common-law copyright described herein, nor any derivative of, nor any variation in the spelling of, HARVEY LEE LANE SEARCY© without the prior, express, written consent and acknowledgement of Secured Party, as signified by Secured Party’s signature in red ink. Secured Party neither grants, nor implies, nor otherwise gives consent for any unauthorized use of HARVEY LEE LANE SEARCY©, and all such unauthorized use is strictly prohibited. Secured Party is not now, nor has Secured Party ever been, an accommodation party, nor a surety, for the purported debtor, i.e. “HARVEY LEE LANE SEARCY,” nor for any derivative of, nor for any variation in the spelling of, said name, nor for any other juristic person, and is so-indemnified and held harmless by Debtor, i.e. “HARVEY LEE LANE SEARCY,” in Hold-harmless and Indemnity Agreement No. HLLS-022303-HHIA dated the Twenty-third Day of the Second Month in the Year of Our Lord Two Thousand Three against any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, depositions, summonses, lawsuits, costs, fines, liens, levies, penalties, damages, interests, and expenses whatsoever, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered by, imposed on, and incurred by Debtor for any and every reason, purpose, and cause whatsoever.

Self-executing Contract/Security Agreement in Event of Unauthorized Use:
                By this Copyright Notice, both the juristic person and the agent and the agent of said juristic person, hereinafter jointly and severally “User,” consent and agree that any use of HARVEY LEE LANE SEARCY© other than authorized use as set forth above constitutes unauthorized use, counterfeiting, of Secured Party’s common-law copyrighted property, contractually binds User, renders this Copyright Notice a Security Agreement wherein User is debtor and Harvey Lee Lane Searcy is Secured Party, and signifies that User:
1)      grants Secured Party a security interest in all of User’s assets, land, and personal property, and all of User’s interest in assets, land, and personal property, in the sum certain amount of One Million (1,000,000.00) United States Silver Dollars per each occurrence of use of the common-law-copyrighted trade-name/trade-mark HARVEY LEE LANE SEARCY©, as well as for each and every occurrence of use of any and all derivatives of, and variations in the spelling of, HARVEY LEE LANE SEARCY©, plus costs, plus triple damages;
2)      authenticates this Security Agreement wherein User is debtor and Harvey Lee Lane Searcy is Secured Party, and wherein User pledges all of User’s assets, land, consumer goods, farm products, inventory, equipment, money, investment property, commercial tort claims, letters of credit, letter-of-credit, letter-of-credit rights, chattel paper, instruments, deposit accounts, accounts, documents, and general intangibles, and all User’s interest in all such foregoing property, now owned and hereafter acquired, now existing and hereafter arising, and wherever located, as collateral for securing User’s contractual obligation in favor of Secured Party for User’s unauthorized use of Secured Party’s common-law-copyrighted property;
3)      consents and agrees with Secured Party’s filing of a UCC Financing Statement in the UCC filing office, as well as in any county recorder’s office, wherein User is debtor and Harvey Lee Lane Searcy is Secured Party;
4)      consents and agrees that said UCC Financing Statement described above in subparagraph (3) is a continuing financing, 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 User’s property and interest in property, pledged as collateral in this Security Agreement and described above in subparagraph (2), until User’s contractual obligation theretofore incurred has been fully satisfied;
5)      consents and agrees with Secured Party’s filing of any UCC Financing Statement, as described in subparagraphs (3) and (4), as well as the filing of any Security Agreement, as described above in subparagraph (2), in the UCC Filing Office, as well as in any county recorder’s office;
6)      consents and agrees that any and all such filings described in subparagraphs (4) and (5) above are not, and may not be considered, bogus, and that User will not claim that any such filing is bogus;
7)      waives all defenses; and
8)      appoints Secured Party as Authorized Representative for User, effective upon User’s default re User’s contractual obligations in favor of Secured Party as set forth below under “Payment Terms” and “Default Terms,” granting Secured Party full authorization and power for engaging in any and all actions on behalf of User including, but not limited by, authentication of a record on behalf of User, as Secured Party, in Secured Party’s sole discretion, deems appropriate, and User further consents and agrees that this appointment of Secured Party as Authorized Representative for User, effective upon User’s default, is irrevocable and coupled with a security interest.

User further consents and agrees with all of the following additional terms of Self-executing Contract/Security Agreement in Event of Unauthorized Use:
Payment Terms: In accordance with fees for unauthorized use of HARVEY LEE LANE SEARCY© as set forth above, User hereby consents and agrees that User shall pay Secured Party all unauthorized-use fees in full within ten (10) days of the date User is sent Secured Party invoice, hereinafter “Invoice,” itemizing said fees.
Default Terms: In event of non-payment in full of all unauthorized-use fees by User within ten (10) days of date Invoice is sent, User shall be deemed in default and;
a)      all of User’s property and property pledged as collateral by User, as set forth above in subparagraph (2), immediately becomes, i.e. is, property of Secured Party;
b)      Secured Party is appointed User’s Authorized Representative as set forth above in subparagraph (8); and
c)       User consents and agrees that Secured Party may take possession of, as well as otherwise dispose, in Secured Party’s sole discretion, deems appropriate, including, but not limited by, sale at auction, at any time following User’s default, and without further notice, any and all of User’s property and interest, described above in subparagraph (2), formerly pledged as collateral by User, now property of Secured Party, in respect of this “Self-executing Contract/Security Agreement in Event of Unauthorized Use,” that Secured Party, again in Secured Party’s sole discretion, deems appropriate.
Terms for Curing Default: Upon event of default, as set forth above under “Default Terms,” irrespective of any and all of User’s former property and interest in property, described above in subparagraph (2), in the possession of, as well as disposed of by, Secured Party, as authorized above under “Default Terms,” User may cure User’s default only re the remainder of User’s said former property and interest in property, formerly pledged as collateral that is neither in the possession of, nor otherwise disposed of by, Secured Party within twenty (20) days of date of User’s default only by payment in full.
Terms of Strict Foreclosure: User’s non-payment in full of all unauthorized-use fees itemized in Invoice within said twenty- (20) day period for curing default as set forth above under “Terms of Curing Default” authorizes Secured Party’s immediate non-judicial strict foreclosure on any and all remaining former property and interest in property, formerly pledged as collateral by User, now property of Secured Party, which is not in the possession of, nor otherwise disposed of by, Secured Party upon expiration of said twenty- (20) day default-curing period. Ownership subject to common-law copyright and UCC Financing Statement and Security Agreement filed with the UCC filing office.
Record Owner: Harvey Lee Lane Searcy, Autograph Common Law Copyright © 2003. Unauthorized use of “Harvey Lee Lane Searcy” incurs same unauthorized-use fees as those associated with HARVEY LEE LANE SEARCY©, as set forth above in subparagraph (1) under “Self-executing Contract/Security Agreement in Event of Unauthorized Use.”

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