GUNNAR ANDERS SMÅRS JR©
Copyright Notice
Copyright Notice:
All rights reserved re common-law copyright of trade-name/trademark, GUNNAR
ANDERS SMÅRS JR©—including, but not limited by, every derivative and
variation in the spelling of said trade-name/trademark, which
trade-name/trademark includes, but is not limited by, every name, and every
variation of such name, within the Family of Gunnar Anders Smårs Jr, and every
name listed, and/or described, within a UCC Financial Statement of Gunnar
Anders Smårs Jr—©Copyright 5895-current [©Copyright 1962
(Gregorian)-current] by Gunnar Anders Smårs Jr. Said trade-name/trademark,
GUNNAR ANDERS SMÅRS JR©, 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 Gunnar Anders Smårs Jr as
signified by the red-ink signature of Gunnar Anders Smårs Jr, hereinafter
"Secured Party". With the intent of being contractually bound,
every Juristic Person, and every agent of said Juristic Person, that uses the
above specified trade-name/trademark, 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
trade-name/trademark, nor common-law copyright described herein, nor any
derivative of, nor any variation in the spelling of, said name without prior,
express, written consent and acknowledgment 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 GUNNAR ANDERS
SMÅRS JR©, 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. "GUNNAR ANDERS SMÅRS
JR," 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. "GUNNAR ANDERS SMÅRS JR," in Hold-harmless
and Indemnity Agreement No. GAS-58950216-HHIA dated the Sixteenth Day of Second
Moon in the Year of our Creator five thousand eight hundred Ninety-five, more
or less [commonly known as the Sixteenth Day of Iyyar in the Year five thousand
seven hundred Twenty-two (the Hebrew Calendar), and/or as the Twentieth Day of
May in the Year of our Lord one thousand nine hundred Sixty-two (the Gregorian
Calendar)], 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 of said Juristic Person,
hereinafter jointly and severally "User," consent and agree that any
use of GUNNAR ANDERS SMÅRS JR© other than authorized use as set
forth above constitutes unauthorized use of Secured Party's copyrighted
property, contractually binds User, this Notice by Declaration becomes a
Security Agreement wherein User is debtor and Gunnar Anders Smårs Jr, or an
assignee of Gunnar Anders Smårs Jr, is Secured Party, and signifies that User:
(1) grants Secured Party a security interest in all of User's property and
interest in property in the sum certain amount of $500,000.00 per each
trade-name/trademark used, per each occurrence of use, plus triple damages,
plus costs for each such use, and for each and every use of any and all
derivative(s) of, and variation(s) in the spelling of, GUNNAR ANDERS SMÅRS JR©;
(2) authenticates this Security Agreement wherein User is debtor and
Gunnar Anders Smårs Jr, or an assignee of Gunnar Anders Smårs Jr, is Secured
Party, and wherein User pledges all of User's property, i.e. all consumer
goods, farm products, inventory, equipment, money, investment property,
commercial tort claims, letters 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 copyrighted
property; (3) consents and agrees with Secured Party's filing of a UCC
Financing Statement wherein User is debtor and Gunnar Anders Smårs Jr, or an
assignee of Gunnar Anders Smårs Jr, 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 User's
property and interest in property pledged as collateral in Security Agreement
described above in paragraph "(2)," until User's contractual
obligation theretofore incurred has been fully satisfied; (5) authorizes
Secured Party's filing of any UCC Financing Statement, as described above in
paragraph "(3)," and/or 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 paragraph "(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," with
full authorization and power granted Secured Party 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 GUNNAR ANDERS SMÅRS JR©
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 date Secured
Party's invoice, hereinafter "Invoice," itemizing said fees, is sent.
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 interest in property pledged as
collateral by User, as set forth above in paragraph "(2),"
immediately becomes, i.e. is, property of Secured Party; (b) Secured Party is
appointed User's Authorized Representative as set forth above in paragraph
"(8)"; and (c) User consents and agrees that Secured Party may take
possession of, and/or otherwise dispose of in any manner that Secured Party, 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 former property and interest in property 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 in the possession of, and/or
disposed of by, Secured Party, as authorized above under "Default
Terms," User may cure User's default re only the remainder of User's
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 for Curing Default" authorizes
Secured Party's immediate non-judicial strict foreclosure on any and all
remaining 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 strict-foreclosure period. Ownership subject to common-law copyright and
UCC Financing Statement and Security Agreement filed with the UCC filing
office. The common-law referenced within is defined as the Laws and the
Principles established by the Creator from before the beginning of Time, and of
the Creation of the Universe, as recorded in creation itself and in the
original records of the Holy Scriptures. Record Owner: Gunnar Anders Smårs Jr,
Autograph Common Law ©Copyright 5895-current [©Copyright
1962 (Gregorian)-current]. All Rights reserved.
GUNNAR ANDERS SMÅRS JR©