COPYRIGHT
NOTICE
________________________________________________________________________
All rights are reserved regarding the registered name JAMES ALBERT DAVIS and the common- law copyright of the words and art and proprietary image entitled and appearing as JAMES ALBERT DAVIS© - Common Law Copyright 2006 by James Albert Davis©, as well as each and every derivative of said name and words of art / image, and all variations in the spelling thereof on the 2 day of May, 2006, through UCC-1 2006-2165188-99 filed with the Kentucky Office of the Secretary of State, nunc pro tunc to 1960.
Said common-law name JAMES ALBERT DAVIS©, may not be used nor reproduced, neither in whole nor in part, nor in any manner whatsoever, without the prior expressed, written consent and acknowledgment of James Albert Davis©, signified by a red-ink signature of James Albert Davis©, hereinafter Owner or Secured Party.
With the intent of being contractually bound, the person receiving this Copyright Notice, as well as the agent of the person receiving this Copyright Notice, consents and agrees that neither said person nor its/his/her agent, shall display or otherwise use in any manner, the common-law name JAMES ALBERT DAVIS©, nor the common-law copyright described herein, nor any derivative of, nor any variation in the spelling JAMES ALBERT DAVIS© without the prior written consent and acknowledgment of the Owner, signified by the Owners signature in red ink, nunc pro tunc as stated above.
The Owner neither grants, nor implies, nor otherwise gives consent for unauthorized use of JAMES ALBERT DAVIS©, in any form whatsoever, and all such unauthorized use is strictly prohibited. The Owner is not now, nor has the Owner ever been, a voluntary accommodation party, nor a voluntary surety, for the purported obligor, i.e. JAMES ALBERT DAVIS©, nor for any derivative of, nor for any variation in the spelling of, said names, nor for any other juristic person, and is so indemnified and held harmless by the debtor of record, known as JAMES ALBERT DAVIS© in Indemnity Bond JAD2006430-IB01 attached to the Security Agreement JAD2006430-SA01 dated 2nd day of May, 2006 against any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, depositions, summonses, lawsuits, costs, fines, liens, levies, penalties, damages, interest, 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 the Debtor for any and every reason, purpose, and cause whatsoever.
Self-executing Contract/Security Agreement in the Event of Unauthorized Use
Both the person receiving this Copyright Notice and its/his/her agent, hereinafter jointly and severally User, consent and agree that each and every use of JAMES ALBERT DAVIS©, other than authorized use and counterfeiting of the Owners common-law copyrighted property, contractually binds the User, automatically renders this Copyright Notice of a Security Agreement wherein the User is the Debtor and James Albert Davis© is the Secured Party, and signifies that the User:
1. Grants and pledges the Secured Party a security interest in all of the Users assets, land and personal property, and all of the Users interest in assets, land, and personal property, as collateral, in the sum certain amount of $500,000.00 per each occurrence of use of the common-law copyrighted JAMES ALBERT DAVIS© as well as for each and every occurrence of use of one or more of all derivatives and variations in the spelling of JAMES ALBERT DAVIS©, plus costs, plus triple damages;
2. authenticates this Security Agreement wherein the User is Debtor and James Albert Davis© is the Secured Party, and wherein the User pledges all of the Users assets, land, consumer goods, farm product, 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 the Users interests in all such foregoing property, now owned and hereafter acquired, now existing and hereafter arising, and wherever located, as collateral for securing the Users contractual obligation in favor of the Secured Party for the Users unauthorized use of the Owners common-law copyrighted property;
3. consents and agrees with the Secured Partys filing of a UCC Financing Statement in the UCC Regional filing office for the State where the User resides and the State where the User was created or born, as well as in any county recorders office, on which the User is the Debtor and James Albert Davis© is the Secured Party and Holder in Due Course;
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 the Secured Partys filing of any continuation statement necessary for maintaining the Secured Partys perfected security interest in all of the Users property and interest in property, pledged as collateral in this Security Agreement and described above in paragraph (2), until Users contractual obligation theretofore incurred has been fully satisfied;
5. consents and agrees with the Secured Partys filing of any UCC Financing Statement, as described above in paragraphs (3) and (4), as well as the filing of any Security Agreement, as described above in paragraph (2) in a UCC filing office, as well as in any county recorders 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 invalid, and that the User will not claim that any such filing is invalid and will not challenge any such filing, and that the User will defend the Secured Partys right under this Self-executing Contract/Security Agreement.
7. waives all defenses; and
8. appoints the Secured Party as the Authorized Representative for the User, effective upon the Users default regarding the Users contractual obligations in favor of the Secured Party, as set forth below under Payment Terms and Default Terms, granting the Secured Party full authorization and power for engaging in any and all actions on behalf of the User including, but not limited to, authentication of a record on behalf of the User, as Secured Party, in the Secured Partys sole discretion, deems appropriate, and the User further consents and agrees that this appointment of the Secured Party as the Authorized Representative for the User, effective upon the Users default, is irrevocable for the duration of the indebtedness and coupled with said security interests.
Additional Terms of Self-executing Contract/Security Agreement in Event of Unauthorized Use
In accordance with fees for unauthorized use of JAMES ALBERT DAVIS©, as set forth above, the User hereby consents and agrees that the User shall pay the Owner or Secured Party all unauthorized use fees within ten (10) days of the date the User receives the Secured Partys invoice itemizing said fees.
Default Terms
In the event of non-payment in full of all unauthorized use fees by the User within ten (10) days of receipt of such invoice, the User shall be deemed to be in Default and:
a. all of the Users property and interests generally or specifically pledged herein as collateral by the User, as set forth in paragraphs (1) and (2) above, immediately becomes subject to disposition by the Secured Party;
b. the Secured Party is without further action appointed the Users Authorized Representative as set forth in paragraph (8) above; and
c. the User consents and agrees that the Secured Party may take possession of, as well as otherwise dispose of said collateral in any manner that the Secured Party, in the Secured Partys sole discretion, deems appropriate, including but not limited to, sale at auction at any time following the Users default, and without further notice, of any and all of the Users property and interests, described in paragraph (2) above, formerly pledged as collateral by the User, and upon default, become the property of the of the Secured Party, as authorized by this Self-executing Contract/Security Agreement in Event of Unauthorized use, that the Secured Party, again in the Secured Partys sole discretion, deems appropriate.
Terms of Curing Default
Upon event of default, as set forth above under Default Terms, irrespective of any and all of the Users former property and interests in property, described in paragraph (2) above, in the possession of, as well as disposed of by the Secured Party, as authorized above under Default Terms, the User may cure the Users default by payment in full, only regarding the remainder of the Users said former property and property interests, formerly pledged as collateral that is neither in the possession of, nor otherwise disposed of, by the Secured Party within twenty (20) days of the date of the Users default.
Terms of Strict Foreclosure
The Users non-payment in full within said twenty (20) day period, of all unauthorized-use fees itemized in such Invoice for curing default as set forth above under Terms for Curing Default, authorizes the Secured Partys immediate non-judicial strict foreclosure on any and all of the Users remaining former property and property interests, pledged as collateral by the User, and upon default, property of the Secured Party, which is not in the possession of, nor otherwise disposed of by the Secured Party upon expiration of said twenty (20) day default-curing period.
Dated this _____________day of _________________, 2006
____________________________________________
James Albert Davis
STATE of _________________________ )
COUNTY OF ______________________)
BEFORE ME, the undersigned authority, duly commissioned and qualified, on this day personally appeared James Albert Davis, known to me to be the biological man described in and who executed above: and did acknowledge to me that he executed the said instrument as his free and voluntary act and deed, for the uses, consideration and in the capacity therein stated.
SUBSCRIBED and ACKNOWLEDGED befor me on this the _____ day of ____________, 2006
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Notary PublicMy Commission Expires: ________________________
International Document JAD568-31-8344