FILED

uNtrED STATES DISTRICT

EA'TERN DrsrRrcr

COURT

,rM4R

I
-201l:..

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7

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ClVl L CASE #

:LL-CY -253-8R
)

RONALD BRYANT DEBORAH BRYANT ''THE BRYANTS''

BANK OF AMERICA N.A a.k.a NATIONSBANK N.A

)

Tp lnc Hp lnc

a.k.a

TIM lnc.
a.k.a
PRLAP

A.K.A "The Bryants" ,"The

Class"

a.k.a

BOWBAC/BAS/BANA
JON JOYNER (asent:BofA/BAC)
BETTI E Tl LLBERG(agent: BofAIBAC)

MARJORIE K. LYNCH ALGERNON BUTLER III

TO: HIS HONOR

SEru'OR TUDGE W.EARL BRITT

AMMENDMENT
SEVENTH....... FOU RTEENTH....... FIFTH

TITLE

28 USC 1331,1332(d),1345,1355,t367,739L.......15

USC

45,L591......31

USC 3729 - 3733

ucc
u

cc 3- Las 3a7,416..........

CC 4-tO3,2O7,216,406...........

CC 9

STATUTES
NC6S 59.....NCGS 45-45.3.....NCGS 60 CASES

Pilcher v Rawlins...........Dairy Queen v Wood..............Wigod v Wells Fargo N.A Theatres v

Westover

.........49 States v Major BAI\KS (Bank of America N.A) Public law 1Lo-343,LL0-343(A)

2:STATEMENT OF l55UE
"THE BRYANTS" Ronald and Deborah on behalf of,TP lnc.,HP lnc.,("The Bryants", "The CLASS") Perpetually Motion for Original Jurisdiction of the 7th Amendment Jury Trial in all

matters exceeding TWENTY DOLLARS and 28 USC 1332(d) Federal Original Jurisdiction in all matters exceeding FlvE MlLLloN DOLLARS. 35 USC False Claims.
Request Stay and Relief from false claims and subsequent orders entered as a result of vexatious affirmations and affidators on behalf of or in favor or Bank of America N.A,Marjorie

TABLE OF CONTENT

Lynch,US Bank, Algoron Butler lll and others.

3:STANDARD OF REVIEW

{Pilcher v Rawlins} Fraudulent conveyance of Deed/Title. (Dairy Queen v Wood) Legal Claims of fraud should be decided before Punitive damages are awarded. see. 49 States v Major BANKS (Bank of America N.A) (Wigod v Wells Fargo N.A) Failure to modify under Public Law L10-343. (Theatres v Westover) General Collateral Estoppel avoidable Malfeasance and lnterference. Among other Violations.

Unfair and deceptive acts and Practices of Law,False Claims Act,Fraud in the Execution,Violations of Bankruptcy Code and Federal Rules of Bankruptcy Procedure.
(49 US AfiORNEYS GENERAL V BANK OF AMERICA N.A) Filed Monday

\2 March 2AI2.

4:STATEMENT OF CASE

Bank of America N.A it's Subsidiary NationsBank N.A ,Tim lnc,PRLAP and it's facilitating partners.

(tortfeasor in gross misuse)

State of North Carolina trustee Marjorie Lynch,Tp lnc "Appointed" Trustee. Kenneth Lewis "Substitute" Trustee. Other facilitating Trustees motioning for the continuing insolvency and

besiegement of "The Bryants",Tp tnc.,Hp lnc. in less than Good Faith.(estoppel)

to dispose these breach security issues in court matters like Bank of America N.A v Tp lnc "The Bryants". While acting as a registration agent for the same defunct instruments with the Securities and Exchange. Many of these registrations are made under False Claim violating several Court of international Trade restrictions as well as IRS codes and restrictions.(Malfeasant Financial Affidator)
McGUIRE WOODS LLP. is attempting

5:ARGUM,ENT

"The Class"(question of Law),Tp lnc,Hp lnc "The Bryants" have been primarily involved in residential and commercial construction since and before 1999,

When in 1999 "The Bryants" entered in a financin g/flaor plan contract with NationsBank N.ATim lnc. ln and by it's representative Jon Joyner. ALSO to be known as Bank of America N.APRLAP and it's representative Jon Joyner. ** ln 1999 Nationsbank N.A and Tim lnc were wholly owned by Bank of America N.A** Here by referred to in whole as BAC.
A seemingly functional relationship between "BAC" and "The Bryants" Continued until late

2007. Where in late 2007 "BAC" began a practice of not releasing Deed lnstruments for "The Bryant" properties. Greatly interfering with it's business practices and income streams. Evidence

of this is public record Onslow County 08

CVS

4022 (EXHIBtT 2A) in which James and Linda

Samuel have received a Summery Judgement against "The Bryants" because the Bank would not release title to a "Fair Market" Contract. ***Bank Of America ordered ALL appraisals in

these matters*** Yet would not release deeds because the NEW appraised values were less UBAC" did make false claims to than the original security instrument appraised value. ln addition Mr.Ronald Bryant that it would release attached deed security instruments that were under active contract for sale if Mr. Bryant would further modify deed instruments in both Pender and Onslow Counties for what amounted to NO Consideration or otherwise claimed reliefs.
As evidenced in {EXHIBIT 28} Mcguire Woods was encroaching on "The Bryants" lnterest in

August 2008.
By 13 October 2008 When Public Law 110-343 signed into Law. "The Bryants" had submitted

several financial modification plans to Bank of America N.A in faith of continuing the survival of it's interest. However by this time Jon Joyner would not talk to Mr.Bryant and "The Bryants"

were subsequently to contact several different office where they spoke with many people who had no authority or knowledge in "The Bryant" lnterest' lnstead of a Modification or Relief. "The Bryants" Received Business Plan lnterference that was known, audited and appraised by Bank of America N.A. Before 14 March 2008 as Outlined in Public Law 110-343 (non modification alone is culpable) . "The Bryants" were levied, garnished, foreclosed and sold (EXHIBIT 2C) When "The Bryants" attempted to adjust to market conditions by renting finished homes in it's

inventory "The Bryants" were threaten with legal action. Additionally restricting the business plan of "The Bryants" (Exhibit 2D) ** Currently these same properties NOW Bank captured are rented on behalf of the benefit trust for the Bank.**
"The Bryants" prefer not motion pro se and have requested relief from false claims and the continuing besiegment to the proper authorities {Exhibit 2E). Never the less. "Gentlemen we are being killed on the beach, perhaps we should move inland and be killed." GEN. Norman
Cota.

Banking entities continue to falsly and effectivly file besieging motions. All available Civil and Criminal relief is requested in these matters-

It is also believed and evidenced by fact that the subject matter real property of "The Bryants" exist in a state of disrepair with taxes unpaid despite what should be over ONE MILLION THREE HUNDRED THOUSAND DOLLARS in subject account'

Motion to Certify and Serve Notice under authority USC 15,28,31,35

I

Tp lnc, Hp lnc,Ronald Bryant,Deborah Bryant Here by referred to as "The Bryant Class" Seek lmmediate,Equitable and Just relief from among other things False Claims Made by Bank of

America N.A and it's agents. The North Carolina trustee Marjorie Lynch and appointed trustee Algoron Butler lll.

ll
Funds under Public Law 110-343 Claimed Falsely to be a Securities bailout for Mortgage Owners. Was in fact payment for a foreign class of security known as "Super Senior" and "senior" securities. lt is FACT of public record and this 'clAss" that the initial THREE HUNDRED

were used to buy these "senior" Notes. otherwise unknown to the proper authorities and ratings agencies. While effectively stealing from UNITED STATED Land
FIFTV BILLION DOLLARS

and ProPertY Owners.

ilt
Among other Violations. Unfair and deceptive acts and Practices of Law,False Claims Act,Fraud in the Execution,Violations of Bankruptcy Code and Federal Rules of Bankruptcy Procedure'
Here by attach or other wise enjoin as ex parte doe requesting mandimus on Seventh 12 March Amendment trial right (4g us ATToRNEYS GENERAL v Major u5 Banks) Filed Monday

2AtZin UNITED STATES

COURT'

Dairy Queen v Wood

llll
be Liability in equatable putative,compensatory,and special damages under this motion redeemable and payable in the value of UNITED STATES TREASURY BILLS.

llll
(EXHIBIT 2H & 2l ) Request to include US BANK as Advisary to "The Bryants" as evidenced By 28 U'S'C 1332 This court has Original Jurisdiction in False Claims and Fraud of this Magnitude.

(d),L5 U.S.C,31 U.5.C,35 U.5.C

7:CONCLUSION

BANK OF AMERICA N.A

JON JOYNER

llcoNVERStON TO CHAPTER SEVEN AND ORDER TO LTQUIDATE UNDER SAID CHAPTER

WITHOUT A FEDERAL JURY TRIAL OF THE LEGAL ISSUES
IS

A VIOLATION OF TP INC. ANd

SUBSEQUENTLY''THE BRYANTS' 7TH AMMENDMENT RIGHTS'

2l

NETTHER THE COURTS AppOtNTED TRUSTEE NOR THE NORTH CAROLINA TRUSTEE HAVE

ACTED IN FULL FIDUCIARY AND FUIL GOOD FAITH.

3) THE HONORABLE JUDGE HUMRICKHOUSE SEEMS VEXATED by WOULD BE FACTS if Not

For

EVIDENCE. BOTH 'THE BRYANTS'COUNCIL AND THE ASSIGNED TRUSTEES HAVE ONLY

MOTIONED TO BESIEGE AND OR OTHER WISE ENJOTN THE ESTATE FOR CLAIMS.

4}

A COMPLETE SUBJECT MATTER AND JUDICIAL REVIEW OF ''THE BRYANT''/TP INC/HP

ADVERSARY CLAIMS AND INTEREST SEEMS JUSTTY REQUIRED.

INC.

Filed

12March20LZ

UNITED STATES OF AMERICA,

et al., Plaintiffs,
V.

BANK OF AMERICA CORPORATION,

et al., Defendants.

CONSENTJUDGMENT

WHEREAS, Plaintiffs, the united states of America and the states of Alabama, Alaska,

Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, ldaho, lllinois, lndiana, lowa, Kansas, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico'
New York, North Carolina, North Dakota, Ohio, Oregon, Rhode lsland, South Carolina, South Dakota, Tennessee, Texas, utah, vermont, washin8ton,

west virginia, wisconsin, wyoming,

the Commonwealths of Kentucky, Massachusetts, Pnnsylvania and Virginia, and the District of
Columbia filed their complaint on March 72, 2OL2, alleging that Bank of America Corporation,
Bank of America, N.A., BAC Home Loans Servicing, LP

ilk/a Countrywide Home

Loans

Servicing, LP, Countrywide Home Loans, lnc., Countrywide Financial Corporation,

countrywide MortSage ventures,

LLC,

and countrywide Bank,

FSB

(collectively, for the sake

of convenience only, "Defendant")

Acts

Act,

ar-rd

thg

partner 6l THE SpEClFtc RELAT|ONSH|p OF Mc Guire and wooDs AND lT'S CLIENT market
OF BANK Of AMERICA N.A . IN BOTH THIS FILING AND IT'5 SECURITY TRUST FILINGS ON BEHALF TRUST BANK Of AMTRICA N.A WITH THE SECURITIES AND EXCHANGE ON BEHALF OF THESE ACCOUNTS. OTHERS v 7) CERTATN CLA|MS,ACTIONSJORTS AND BREACHES BY BANK of AMERICA N-A AND JOINTLY AND TP tnc/"The Bryants" ARE CRIMINAL and CIVILLY AVOIDABLE/PROSECUTABLE SEVER ABLy as evidenced in part by North Carolina Public record

pender,Onslow,Watauga,MeckenbergGuilford

Deed Registar Office,The Security and Exchange

Edgar file, Private Record of the DTCClCede & co,and Lsl software. UNABLE TO 8} STATE AND FEDERAL REGULATORY AND INVESTIGATIVE AUTHORITIES BEEN ACTIONS OF BANK Of PROPERLY REVEAL THE SCOPE AND LIGHT OF THE ILLICIT SECURITY

10

America N.A, US BANK,and others. "The Bryant" PUBLIC Record is evidence to a much broader scope of the Personal and Business encroachments by culpably liable Major "Super Senior" "senior" partner Banks and DTCClCede & Co.

lll should return the lN EXCESS AMOUNT OF ONE MILLION THREE HUNDRED THOUSAND DOLLARS thAt hC ShOUId hAVE iN escrow to Ronald Bryant for general purposes to include paying taxes,indemnification'

9) The "Trustee" other wise known

as Algoron Butler

10) pender County Deed Book 2354 Page 031(EXHIBIT 2F) dated 26 March 2004 is Public evidence that pender County Deed Book 2A24Page 158 a.k.a'THE MASTER LoAN INSTRUMENT
AGREEMENT"(EXHtBtT 2G) was defunct at inception and remains clouded and avoidable'
OF 11) COMPLETE JUR|SDICflONAL AND SUBJECT MATTER REVIEW BY THE CHIEF JUSTICE FRIEND OF THE UNTTED STATES and THE UNITED STATES COURT OF INTERNATIONAL APPEAL. { THE COURT REQUEST)

1L

8:CERTIFICATE OF SERVICE

Ms. Marjorie K.
Bankruptcy

Lynch 3758

H.Kenneth Stephens

Administrator 27895-3758

701 Princess Street

Post Office Box

Wilmington, NC 28401
(9LAI343-LO22

Wilson, NC

(2s21237-68s4

Algernon L. Butler,
11L North Fifth

lll

McGuire Woods

LLP

Avenue 28401

300 North Third Street,Suite 400

Post Office Box 599 (28402)

wilmington, Nc
(910)

762-1908

Wilmington, NC 28401
t910) 2s4-38OO

L2

Ronald Bryan Ronald Bryant zeo Sunrise Ridge Rd Vilas,Nc 28692 Bz&.zg7.z555

DArF.

3nf

r/*P

""*:X^

il, r

DArE

3-/q- / L

Deborah Bryant

zzo Sunrise Ridge Rd Vilas,Nc z869z

828.e97.2555

I
13

ExnrBrr

2A

Eg/97 / ?ALA

L2:2L

LJZOJOJLAJ

AVERS HAIDT TRAEUCCE

PAGE g2

STATE OF HORTH CAROLINA

i:

I H{}HE GENERAL cay}lpF rusrICE

-:'
i
i
) )
)

COUf-lfv OF

OHSLOW
wife

?:r'l .lr"^

iiii

B: 5

suPppJ;Riount trIvlsloN

0B

cYs 402?

i:i

i.

James E. Sarrruel, and Lirrda D' Samuel

ffit

Plaintiffs'

ORDER FOR SUMMARY JUDfiMENT

vs.

TF, htc.

Feferrdant'

) ) )

W,t''':'

Pu*uantto{i.S.$1A*l,Rule56,FlnintiffsrnovedthisCourtthatjudgmentbe entered.forthePlaintiffsonC0LINTII-EREACH0FCO}-ITRACTofPlaintiffg'
Cornplaint,

Afterreviewofthepleadings,an$werstointeffogatofles'briefs'andargumentsof ofher documents of record' it appears tc the counsel" together withthe +ffidevits and
and that the Plaintiffs are flourt tlrat there is no genuine issue as to any material fact,

entitled to judgrnent as a rnnttet of

larar on

the issue of liability a* *et forth in COIJNT

II-

BREACH OF CONTRACT of Flaintiffs' Complaint' Additionnlly, the Court" after review of the pleadings' answers to interrogatories'
briefs, oral testimorry, and arguments of ccunsel, togethet with the nffidavits anfl other dacuments of rccords, mekes the following with regard to thr isrue of damage*:

FINDINGS OF FACT

The Conh*et entered into between the parties allows for ihe non-breaching pa{fy

to collect int*rrst on the purchase price at the rate cf eight percent {8%) interest
per almurn until closing oeeurs or the contract is tenninated-

fi1/A7

/?Wg L2:7L

252838:23s

AYERS HAIDT TRAEUCCI

PAGE

83

Plaintiffs have not received a retuffI of their 10. That, as of the date of the heanrrg,
earnest money deposit'

COHCLUSIONS OF LAW

There ir no genuine issue

aB

of to nny material fact coilcerning the atnourrt

damagctthntPlaintiffsafeentitledtoreceivefromDefendflntnsaresultof
Defendartt's breach.
and one h[ndred and sixty-six ?.. Flnintiffs are entitled to receive thirty-one thousand

from Deferrdant in aucnred intefest' doltars *nd sixty.strven cents i$31,166.6?)

3.

five hrurdred and sixty-five dollars Plaintiffs are entltled to receivr one thousflnd
and

consequential and incidtntal fifty-five ssnts ($1,563.55) from Fefendant in

damages.

4.

eight hurldred and forty Flaintiffs nr* entitled to receive eighty-four thousand to reflect the fair market dollars arrd zero cents ($s4,s40.00) from Defendartt bresch minus the coiltract priss' value of the Property at the time sf Defendant's

5. Platntiffr

are entitled to return of

theit five thousand dollnrs and zerc cents

deposit' t$5,000.00) earneet money

6.

entered into bntween tht parties That as of the date of this Judgment the contract

which i* the subje*t of this suit is termirrated

AHD DECREED thNt: IT I$ THERFFORE, ORDERED, ADJIJDfiED,

1.

plnintiffs are entitled to judgment fls

mntt.r sf law on the issues of liabitity

arrd

damagesas$etforthinCot]NTII-BREACHoFC0}{TRACTofPlaintiffs'
ComPlaint'

Bll

A7

?ELfr

:1-

2:

21

252E383293

AYEES HAIDT TRAEUCCI

PAGE

E4

."

2.

That Judgment ir entsred against Defendant, and in favor sf Flaintiffs, in the

two amount of one hrrqdred and seventeen thousand and five hundred and seventy dollms and twenty two cents {$t l?'572.2?).

l.

That plaintiffs ingnediately recsive return of thefu five thousnnd dollar and zero
eents ($5,000.00)

ffirnt$t money deposit'

4.

That the Contract entered into between the parties which was the subject of this

*uit be terminnted as of the date of this Judgment'

rhis

rhe lA

oay

or

f,/,r
/

, 2009.

. Jack

Hooks

Judge Presiding

trxHIBrr

LB

.,

Mccuirewoods

LLP

North Third Street Suite 400 Wilmington, NC 28401

,J0

Phone:910.254.3800
Fax: 91 0.254.3900 www.nrcgui rewoods.com

Henry L. Kitchin, lr. llirect:910 254.3822

hkitchin

rncgu irelvoods.com
91 0.254.3823

,edcilL;ER[\&lreDS
Ar-rgust 14,2008

Direct Fax:

VIA CERTIFIED MAIL, RETURN RECEIPT

REQUES'TED, FIRST'CLASS

MAILANDFEDERALEXPRESSOVERNIGHTDELIVERY
TP, Inc. Post Office Box 2658 Surf City, North Carolina 28445 Attn: Mr. Ronald S. Bryant TP, Inc. 220 Sunrise Ridge Vilas, Norlh Carolina 28692 Attn: Mr. Ronald S. BrYant Mrs. Deborah L. BrYant 220 Sunrise Ridge Vilas, North Carolina 28692 TP, Inc. PO Box 2180 Boone, Nofih Carolina 28607-2180 Attn: Mr. Ronald S. BrYant

Mr. Ronald S. BrYant

220 Sunrise Ridge Viias, Norlh Carolina 28692

Re:

in the Current Maximum Notice of Payment Defautt (inder Thot Certctin Loan Promissory Note Princ'ipal Amount of-$17,50A,000.00 (the "Loan"), and the "l{ote"), Each as More Evicteicing the Sami (as amencleclfront time to time, the Between TP' Inc' Specifically Describecl in That Certain Master I'oan Agreement Bank.of Anlerica, l{,4, (,,Borrower,,), Ronald' S. Bryant, Deborah L. Bryant and
DatedJanuaryl0,2003,ask[ostRecentlyAmended-by^-ThcttCertainLocLn
Extension

ori l,torttlication Agreement

dated October 4' 2007

Dear Sir and/or Madam:

-'Bank") in connection rvith the As you know, we represent Bank of America, N'A' (the firm and as required by that Loan. pursuant to that cedain letter dald August 5, 2008 lrom our and the Bank dated January 10' cefiain Deed of Trust and Security Agreementletween Borrower the Bank delivered written notice that 2003 (as amended from time to time,lhe "Deed of Trust"), of interest pursuant to that cerlain Borrower,s failure to make the required monthly payments you and the Bank, dated January 10' 2003 Master Loan Agreement between Bonorver, .u"t-, of Loan Extension and Modification (as amended from time, most recently pursuant to that Cerlain constituted a default thereunder and Agreement dated october 1,2007,thq"Loan Agreement")

Page2 August 14,2008 TP, Inc. Ronald S. Bryant and Deborah S. Bryant

that further failure to cure such default within five (5) days of receipt (or deemed receipt pursuant pursuant to the Deed of Trust) would cause a "Default" or "Event of Default" to occur with any other documents to the terms of the Note, Deed of Trust and Loan Agreement (together evidencing the Loan, the "Loan Documents"). As the Bank has not receivecl payment of the delinquent interest amounts, and as the shall inform you that required period for the Borrower to cure such default has expired, this letter an Event of the Borrower is now in Default pursuant to the Loan Documents (or has caused
Default to be triggered, in the case of the Deed of Trust)' please note that any prior-delivered payoff, partial release fee quote, or other related payoff shall be information is no longer applicable, and uny i"qrr.tt for a parlial release and/or Default' Should subject to the Bank's dis"i"tion under the Loan Agreement given Bortower's payoff, including any tetms' you wish to discuss further the proposed paftial release and the Bank directly' conditions and amounts applicable ihereto, please contact Mr. Roberl Unell at i.oan Documents' The Bank reserves all of its rights and remedies in connection with the of any rights No delay by the Bank in exercising any rights or remedies shall operate as a waiver to the Bank shall be or remedies the Bank may have. Any anJ all rights and remedies availabie at the sole discretion cumulative and may be exercised separately, suicessively or concurrently of the Bank. Very truly yours,

Kirchi

HLKjr./

cc:

Mr. Robert E. Unell (by electronic mail onlY)

ExsIBrr 2C

McCuireWoods LLP 300 North Third Street, Suite 400 PO. Box 599 (28402) Wilmington, NC 28401
Phone:
91

0.254.3800

Fax: 91 0.254.3900 www. mcgu irewoods. com

John H. Anderson, lr. Direct: 910.254.3828

McCUERT\AIffiD5

jha nderson@ mcguirewoods.com

February 19,2010

BY FIRST-CLASS U.S. MAIL

TP, Inc., by and through its Registered Agent, Ronald S. BrYant P.O, Box 2180 Boone, Norlh Carolina 28607

Mrs. Deborah BrYant P.O. Box 2180 Boone, North Carolina 28607

Mr. Ronald S. Bryant P.O. Box 2180 Boone, North Carolina 28601

Mr. Thomas W. Kerner Kerner Law Firm, PLLC 1213 Culbreth Drive Wilmington, North Carolina 28405

Re:

IN THE MATTER OF THE FORECLOSURE of a Deed of Trust executed by TP, Inc. dated January 10, 2003 and recorded on May 5, 2003 in Book 2017 at Page ("Substitute 688 of the Onslow County Public Registry by H. Kenneth Stephens, II Trustee "); Onslow CountY, 09 SP 432

Dear Sir or Madam:

please find enclosed herewith for service a file-stamped copy of the preliminary Repoft matter, the original of which was filed earlier today with the

of Sale in the above-referenced Onslow County Clerk of Superior Court.

Sincerely,

JHAjt/
Enclosure

STATE OF NORTH CAROLINA

,j.rl :

:: i:!.

ln the General Court of Justice Superior Court Division Before The Clerk

l.rustee
. Kenneth Stephens

tJ

ll' Substitute Trustee

nTCONT OF FORECLOSURE SALE/RESALE

G.S. 45-21

of Trust - Book And Page No.

2017 Page 688

ttfrA

necoraed, Description of Propefty

of Record, lf

Not Original Moftgagors

Reporl of Sale
of the above Mortgage or Deed ?l.Try:t and by authorization By authority of the power of sale contained in the secured, the undersigned under tt"'"ilir" of the obligations clerk of superior court, there having been defaults the real property described above offered for sale at public auction, and sold

Report of Resale successful bidder superiorcourt issued upon the default of the As directed by order of Resare by the crerk of and lawful o*ered forresale at pubtic auctton' after due in this foreclosure proceeding, tne unoersigned or Deed of rrust described above' in the Mortgage advertisement, and sold the reat propertf iescrioed

N"*;Vrd

Addr"st

Bank of America, N'A'

"f

Purchaser And Highest Bidder

$ 2 3'19,919.00

ntion: Bettie Van Tilburg 01 East KennedY Blvd', 7th Floor t1-400-07-01
ampa, FL 33602

County Courthouse, Jacksonville, North Carolina

itme ol >ate

ebruarY 19,2010

10:00 a.m.

ffis

To (910) 254'3eoo
FebruarY '19, 2010

offfi,tgugr"
. Kenneth S

Trustee, Attorney

Agent

ll.

Substitute Trustee

ast Date For IJPset Bid

a*ornt of

Next tJPset Bid

of Deposit Required To UPset Bid

AOC-SP-400, Rev B/97 O 1997 Administrative office of the

Couds

Original

- File

Copy

- Attorney

\1

0709036 i

trxsrBrr eb

Mccuirewoods
P.O.

LLP

400 30O No.th Thi(d Street, Suite

8ox 599 l284]2j

Wi{mift8,ton, NC 2E4Ol Phone: 910 254'1800

Fax:910'254'3900 www.mcguirewoods'com
lh:
n d rso n @

tohn H. Ande rPn, lr' Diect: 910.254'1028

MCCUIREWMDS
June 25, 2009

Dirrcl

nKgu r ewoods 'c cdn Fax: 910 254 4537

1

BY FIRST-CLASS U'S. MAIL RECEIPT REQUESTED AND CERTIFIED T'TAii, NBTURN

TP, Inc., bY and tfuough is Registered Agent, Ronald S' Bryant P.O. Box 2658 -Surf CitY, North Carolina 28445 TP, Inc., by and tluough its Registered ) Agent, Ronald S' Bryant 220 Sunrise Ridge Vit^, North Carolina 28692

Mr. Ronald S. Bryant Mrs. Deborah Bryant

220 Sunrise Ridge

Viiut, North Carolina 28692

Re.

to Bank of America" Indebtedness of TP' [nc' ("Borrower")

N'A'

("Lender")

Sir and Madam: Asyouknow,ourfirmrepresentstheLenderwithrespecttotheabove-referencedmatter. ReferenceismadetotheindebtednessowedbytheBorrowertotheLenderpursuantto of Borrower in favor iO' ZO9:^10 e*""ut"A by the a Promissory Note dated Janufr modified to the terms of yYth was subsequentlv from time to Lender in the origin"ip'ittipur "1111:fi'ooopoO'00' amended, modified' extended the principal i*""", to $l7,500,ooo.ooi* increase time, the "Note")'
respect to ReferenceisalsomadetotheContractofGuarantydatedNovember:t3,2002executed in favor of the Lender' with p"no.ui", Bryant cil;;*ts") by Ronald Bryant ^rrJ tr'" r-"na"t (the "Guaranty Agreement")' indebtedness of the ;;;;t"o

Asyouklow,theBorrowerisin'defaultoftheobligationsundertheNote,andin together balance of the Note' of the Note, tnl""iii''" .,1tn"la due and payable' accordance with the ierms other applicable charges' is.immediately due accrued unpaid interest and with payment in fulI of all such amounts '-ltcipai demands of the Borro*", i**"diate Deborah Bryant Lender hereby Ronald Bryant and demand it;;;;;; ;ud" t'pon under the Note' l''";;;;;'*'

June 25, 2009

Page2 for immediate under the Guaranty Agreemen! (collectively, the "Guarantors"), as guamntors to the Guaranty Agreement' due under tre Note pursuzult payment in full of all such amounts
to enforce the attorneys, you that the Llnd;r ]ntends This letter is also to advise each of North Pursuant to $ 6-21 '2 of the in the Note and in tt c,r*ulttf Agreement' the mailing fees provision " 6"*antors have five (5) days from Bonowe' balance" (as Carolina General Statutes, the ""0-ift' the '"outstanding the date of this letter' to pay aftomeys' of this notice, *ni"t *l*ides with u""omingiiuule to pay statutory is defined i" Ni.C s. $ 6-2l.zi**,"* thar term iees will only be owing by the please note thal such statutory r"*onuii. uno,n"y'' fees. go;o*"r and'/tr Guarantors fait to pay the "outstanding Borrower and the Cuur*to* should'h" (5) day period' iutur,""" of the Note within such five

Lender hereby It aut" of this letter is as follows:

which Pursuanttotheprovisionso[$45-2l.l6oftheNorttrCarolinaGeneralstatutes,the as of lna"Ut"an"" Jtt" under the Note' gives you notice of tl" outJtanOit'g

"

Principal
Interest Accrued but UnPaid Other Fees Owing APPraisal Fees

5 5
a u

15,640,610'30
1

,294,5'1a.71

Flood Certifi cation Fees ProPertY Taxes Advanced Insumnce Advanced Total

4,100.00 28.00
196,S13.84 433,672.fr1

$
$

$
g

17,569,814'98

PerDient

1'694'91

Pleasenotethatlheperdiemprovtdedaboveisbaseduponthecontractrateprovidedfor other things' changes notlce based upon' arnong subjecr to change *iti-out charges in the Note, which is tJ;;;;; in the Note; The per diem tnterest right to reserv'es the Lender's Prime Rate (as that term in rhe Lender speciircally rirne to time ;;" il;"' allowed by the might rherefore.chanse fiom -1".;i";j;;;"*" absolJl discretion as any ,,-" ,-ni1,. rrture at it, impose, ar provided for by the Note Note, any default 'ut" oi interest accruing on above is based on interest accrued interest provided please note that the total th:-t:'tt amount'of of in'**""-uJt'*"ed and above is principal balance, the totJamo,-t the outsranding note that the per diem p'ro$ded i""a", to aut*'*pri; uau*ilJuv baiance' the tolai properry on the outstanding principal amount of interesia".*i.g Lased on the total daily

**,

il

June 25,2009 Page 3

by Lender as of property taxes advanced advanced and the total amount amount of insurance

well.
has Asyouknow,pursuanttotheloandocuments,Borrowerisnotperinittedtoentelintoany of the Lender' and said consent the expres, pt'o'ilii*''on'"nt the lease agreements without occupying any portion of obrained from Lender with ,rrp;;;;;;;;;current\ documents or agreements' not been i"abie under th. N;;; oif,"t-uppf from sard proprry serving ""iio.r"f ", once again demands that Borrower remove any and all tenants

Therefore, Lender property immediatelY'

and the to comply with the loan documents to the extent Borrower refuses portion-of the Further, possession of any removing at.t"n*t or otherJin hereby renews its demand made above by ,r'i., ,n" ril[ ;; ;ih". toar,.oo";"nt"' t-""a"r other amounts be property ,erui'g-usl"ri"*a all'rents and demand,n"rit. Borrower ""toli"'''enants -Ot"ot''i'" Further' should the nrevious tr," uaar"rJil""i""tt o*tio*'t-Bo"o*"r' of any tenant)' the on behalf paid directly ,o ,t" i*na", u, any tenant (tl Tl p"*y til5;;; such amounts to Borrower recerve runds from imrnediutely forward air tr,aitt Borrower ;J r"quir". " Lender hereby d";;, the Lender'

in other documents executed

respect," *";;;;--'"r"'""""a-defaults any and all pavrnents that rhe parr of the L"";;;;; n, th""ri;;" i. ;;"ntly in J"ru..rL **er that Lender deems of any such righrs ;; ,;#". uy.L"l9", it' *v the tuture -.r;;;;"a o'"*p"ttttt' The Lender may Lender might receive in *n"tn"ril*'uiJprin"iput, inteiest oi remedies avaiiable necessary in its sole discretion, puy*"r,t *lir,'Jr;;;.'.[, *v "ri" the Guaranty Agreemen! or any 'igtto accepr and apply any such and/or ;"d;;" the Bonower or the Guarantors asainst

TheLenderexpresslyreservesallitsrightsandremediesaccrrringundertheNote,andall or failure to take action on connecti";'*th fie Note' aoy.u"tio" warver

shall not operate as a

fri"t "ppii"able documents

or agreements'

'i"tte

by Norrh carolina General the notification required derivered with respect to This retter is Statutes $ 45-21' I 6(c)(5a)'

Very trulY Yours'

McGutnPWooos LLP

H. Anderson, Jr'

JHAjr/

cc:

electronic mail only) Ms. Bettie Van Tilbwg (by

ExruBrr

2E

08t22/ZAlt t3iL2

FAN

Wtsottooz

PROFERTy HTGHTS LAW GROUF, P.C. 16r Nonh Clark $treet

Suite 4?00 Chi*ngo, Ulinois 6060f www.p ropertyrlght*lary grp.eom

Robcrt L, Stonc
e-mail: rlatone@propertyrightslawgrp.crm

telnphaner

{7 7 11

684-91ll

]
Algernon L. Butler III Butler & BrfiIer, L.t.F. P. O. Box BB Wilmington, N.C. e84os igro) 76*,-tga8 albutleriii @butlerbutler. com
Dear Mr. Sutler:

Augu*tee,lou

This letter ie to follow up on the conversations you had laxt Friday with me and with Ms- Teri L. Fetit. I am an-attorney, and Mo. Petit is a securitieo analyet. We have been *orkiog on the case of TP, Inc_", ijebto-r,1o-o1594-S-S1'YH. It has come to orrr sttention thit the security interest that Eank of Arnerica i* trying tp for_eclosQ was not ptupur*A in eotrformiry with North Carolinalaw and hence is not foreclosable, so the ii *pr*"*tttu is not secured. Also, we have Teason to believe that the security interests'were sold by Bank of America to a third party mor,e than !w_o ygars ago' $ince seems itr** i* no rsference'itr th* ease fiIe to the presentholder of the inde-btedness, itparry' that Bank of America is acting withsut the-authority or even kusr rlefue of that Therefore all of Bank of *rnerica's pteadiugs seem to be fraudulent.

i.tt

If you wpuld like to retein eur services, we will provide you with,an affrdavit by Ms. Petit similar to the two audits of residential mofig4ges I have attached hereto as ffi;t--: Vour uudit wsuld doctment and spell out the fraud and trace the chain ofof sestiou ;;;**p ottfre security iutermt. As you will *e* frqry the Qualifiry-tipns and fraud the attaded affidavit, nA*. p"tit i* an er;rert on the subject of tqcuritieation and would h* u"ailuti; if r*qo**t*d to t;#ify in court elaborating her findingl.- $hqiy a -believe t-hat a fee of $5o,ooo would be fair as very comFetent and confid*it *itrr**s. l,Ve a r,itainei, ineluding anytestimony in court as needed you asked for background informatiqn. A commercinl security interest$ is a kind of mortgae*. B*t**" id; and coog, most moftgages were bundled and sold inlarge gropps to ttot*, mar1y o?*trieh we,IB REMIC's ("Real Ee1atg lVlortgage Inveetment E""diiitt'), whiih-ha'ie veryfat'o"abte tax trsatrnent, and which in turn sold certlficates othqnds to irrrr*sto;. lU"irt +tl trillio; of thesehnds \*ere sold. The banks organized ,L-