MEMORANDUM OF LAW ON OFFER TO PAY TENDER OF PAYMENTUniform Commercial Code Section 3-603(b)If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the instrument is refused, there is discharge to the extent of the amount of the tender of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates."An EFT is an offer to pay. It is also a "bill of exchange.Bill of Exchange Act 1882: 43 Dishonor by non-acceptance and its consequences

(1)A bill is dishonored by non-acceptance

(a)when it is duly presented for acceptance, and such an acceptance as is prescribed by this Act is refused or cannot be obtained; or

(b)when presentment for acceptance is excused and the bill is not accepted.

(2)Subject to the provisions of this Act when a bill is dishonored by non-acceptance, an immediate right of recourse against the drawer and indorsers accrues to the holder, and no presentment for payment is necessary.http://freetheplanet.net/artic...of-exchange-act-1882UCC 3-415. OBLIGATION OF INDORSER(c) If notice of dishonor of an instrument is required by Section 3-503 and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under subsection (a) is discharged. Uniform Commercial Code Section 3-604:Any party making full tender of payment to a holder when or after it is due is discharged to the extent of all subsequent liability for interest, costs, and attorney's fees.The holder's refusal of such tender wholly discharges any party who has a right of recourse against the party making tender.Where the maker or acceptor of an instrument payable otherwise than on demand is able and ready to pay at every place of payment specified in the instrument when it is due is equivalent to tender. TENDERBlack's Law Dictionary, 4th Edition, page 1637, 'TENDER'"The offer of performance, not performance itself, and when unjustifiably refused, places other party in default and permits party making tender to exercise remediesThe term tender as used in the books, denotes a legal offer, one which one party is under obligation to make and the other bound to accept. See Duluth v. Knowlton, 42 Minn. 229; Patnote vs. Sanders, 41 Vt. 66. TENDER BANKS CANT DEMAND SPECIFIC CURRENCYThompson v. Butler, 95 45 694 (1871) establishes that the law makes no legal distinction between the value of coin and paper money used as legal tender. Contracts requiring lawful money are illegal pursuant to Title U.S.C. 5118 (d)(2) and Public Law 97-258 (Sept. 13, 1982).Furthermore, the contract should be rescinded because the creditor does not provide full disclosure, or the contract is extremely deceptive and unconscionable. Pearl Maxwell v. Fairbanks Capital Corporation, 281 B.R. 101, 2002 Bankr. ***Legal tender under the Uniform Commercial Code (U.C.C.), Section 1-201 (24) (Official Comment), is a concept that sometimes surfaces in cases of this nature.. The referenced Official Comment notes that the definition of money is not limited to legal tender under the U.C.C. ...The narrow view that money is limited to legal tender is rejected.Federal Reserve Booklet: I Bet You Thought!:Page 5 says, money doesnt have to be intrinsically valuable, be issued by a government or be in any special form.House Joint Resolution 192 PUBLIC LAW 73-10 "To assure uniform value to the coins and currencies of the Unites States, Whereas the holding of or dealing in gold affect public interest, and are therefore subject to proper regulation and restriction; and Whereas the existing emergency has disclosed that provisions of obligations which purport to give the obligee a right to require payment in gold or a particular kind of coin or currency of the United States, or in an amount in money of the United States measured thereby, obstruct the power of the Congress to regulate the value of the money of the United States, and are inconsistent with the declared policy of the Congress to maintain at all times the equal power of every dollar, coined or issued by the United States, in the markets and in the payment of debts, Now, therefore, be it Resolved by the Senate and House of Representative of the United States of America in Congress assembled, that (a) every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payments in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy; and no such provision shall be contained in or made with respect to any obligation hereafter incurred. Every obligation, heretofore or hereafter incurred, whether or not any such provision is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or currency which at time of payment is legal tender for public and private debts. Any such provision contained in any law authorizing obligations to be issued by or under authority of the United States, is herby repealed, but the repeal of any such provision shall not invalidate any other provision or authority contained in such law. (b) As used in this resolution, the term 'obligation' means any obligation (including every obligation of and to the United States, excepting currency) payable in money of the United States; and the term 'coin or currency' means coin or currency of the United States, including Federal Reserve notes and circulating notes of Federal Reserve banks and national banking associations. Sec. 2 The last sentence of paragraph (1) of subsection (b) of section 43 of the Act entitled 'An Act to relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and of other purposes;, approved May 12, 1933, is amended to read as follows: "All coins and currencies of the United Stated (including Federal Reserve notes and circulating notes of the Federal Reserve banks and national banking associations) heretofore or hereafter coined or issued, shall be legal tender for all debts, public and private, public charges, taxes, duties, and dues, except that gold coins, when below the standard weight and limit of tolerance provided by law for the single piece, shall be legal tender only at valuation in proportion to their actual weight.' Approved, June 5, 1933, 4:40 p.m. 31 U.S.C.A. 462, 463 House Joint Resolution 192, 73d Congress, Sess. I, Ch. 48, June 5, 1933 (Public Law No. 10 ) Public Law 93-224: The United States government has continued to borrow from me a member of the public, and have failed to return consideration and/or provide a means for which obligations may be offset, is under public law and public policy such obligations are obligations of the United States government and as such are hereby discharged/offset/dissolved as a matter of right as well as heritage. As a member of the people of the United States, and vested with the power and authority to accept as well as offset debt obligations (please refer to the first, ninth, 10th, and 11th amendment for the United States constitution, 1789), the United States Department of the Treasury 1789 is the principal agent assigned for offset/discharge of all obligations and duties. OPERATION OF LAW"Operation of laws means the practical effect of what the law is intended to be on the subject". American Bitumuls & Asphalt Co. v. U.S., Cust. Ct. 146 F.Sup, 703,713,714."In its usual signification, "operation of law" is generally applicable to matters involving title and refers to situations in which rights, and sometimes, liabilities are created without actions by the parties; it is said also to mean the obligation of law; or its practical working and effect". American Bitumuls & Asphalt Co. v. U.S., Cust Ct. 146 F.Supp, 703,713,714 DEFAULT"Default. By its derivation, a failure. An omission of that which ought to be done. Town of Milton v. Bruso. 111, Vt. 82, 10 A.2d 203, 205. Specifically, the omission or failure to perform a legal or contractual duty, "Easterwood v. Willingham, Tex. Civ. App., 47S W2d. 393, 395; to observe a promise or discharge an obligation (e.g. to pay interest or principal on a debt when due), Bradbury v. Thomas, 135 Cal. App. 435, 27 P.2d 402; or to perform an agreement, Eastman v. Morgan, D.C.N.Y., 43 F. Supp. 637, 641. The term also embraces the idea of dishonest and of wrongful act, Greco v. S.S. Kresge Co.,277 N.Y. 26, 12 N.E.2d 557, 52; or an act of omission discreditable to one's profession, Hikert v. Canning, 58 Ariz. 290, 119 P.2d 233, 236." Black's Law Dictionary Sixth Edition, page 417.Bank has acquiescence (agreed) by their silence and default that the debt is discharged. *acquiescence1. the act or condition of acquiescing or giving tacit assent; agreement or consent by silence or without objection; compliance 2. Law. such neglect to take legal proceedings for such a long time as to imply the abandonment of a right.Your silence is your acquiescence. See: Connally v. General Construction Co., 269 U.S. 385, 391. Notification of legal responsibility is the first essential of due process of law. Also, see: U.S. v. Tweel, 550 F. 2d. 297. Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading. Norton v. Knapp The court stated that as a general rule: that if the acceptor does not distinctly indicate that he will not accept he is held to have accepted (Reason: the acceptor has the power to put this question beyond all possibility of doubt). Indeed no more than (affidavit) is necessary to make the prima facie case.united States v. Kis, 658 F. 2nd, 526, 536 (7th Cir. 1981); Cert. Denied, 50 U.S. L.W. 2169, S. Ct. March 22, 1982.

When no affidavits are filed in opposition, the trial court is entitled to accept as true the facts alleged as respondents affidavits if such facts are within the affidavits personal knowledge and [are ones] to which he could completely testifySouthern Pac. Co. vs. Fish, 166 Cal. App.2d 353,362,333,P.2d 133

Blake v. Woodward Bank & Trust: Holding: If a payor bank misses its midnight deadline, the bank is accountable for the face amount of the check. Midnight deadline: midnight of the next banking day following the banking day on which it receives the relevant item (each collecting bank has two banking days to act before it fails to exercise ordinary care.

DISCHARGE"As applied to demands, claims, rights of action, encumbrances, etc., to discharge the debt or claim is to extinguish it, to annul its obligatory force to satisfy it." Black's Law Dictionary, Fourth Edition, page 549.Under UCC 4A discharge automatically takes place by law with no notice of dishonor properly given and the instrument not being returned.Payment is the discharge of an obligation by the actual delivery of money or its equivalent. See Chrysler Corp. v. Hanover Ins. Co., CA. 7, Ind. 350 F.2d652, 383 US 906.When an instrument is dishonored, notice of that fact must be given----..Otherwise they are discharged. P. 17 Law of Negotiable Instruments, Major D.H. Broughton 1904. NOTICE OF DISHONOR UCC 3-503(a) The obligation of an indorser stated in Section 3-415(a) and the obligation of a drawer stated in Section 3-414(d) may not be enforced unless (i) the indorser or drawer is given notice of dishonor of the instrument complying with this section or (ii) notice of dishonor is excused under Section 3-504(b).(b) Notice of discharge may be given by any person, may be given by any commercially reasonable means, including an oral, written, or electronic communication, and is sufficient if it reasonably identifies the instrument, and indicates that the instrument has been dishonored, or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor. (c) Subject to Section 3-504(c), with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given (i) by the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument, or (ii) by any other person within 30 days following the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given within 30 days following the day on which dishonor occurs. LENDING IS FRAUDThe Courts are kanagaroo courts because they dont tell the truth about lending or recognize the truth. Ralph Gelder, Superintendent, Department of Banks and Banking, State of Maine, said on Feb. 20, 1974, "A commercial bank is able to make a loan by simply creating a new demand deposit (so called checkbook money) through bookkeeping entry." This is in total contradiction to what the courts have said. Yet, that is exactly how the banks create the money to loan to its customers or to buy government bonds.***Thus, our national circulating medium is now at the mercy of loan transactions of banks, which lend, not money, but promises to supply money they do not possess." IRVING FISHER

***Sir Josiah Stamp, President of the Bank of England during the 1920s & second richest man in Great Britain:"Banking was conceived in iniquity and was born in sin. The bankers own the earth. Take it away from them, but leave them the power to create deposits, and with the flick of the pen they will create enough deposits to buy it back again. However, take that away from them, and all great fortunes like mine will disappear. And they ought to disappear, for this would be a better world to live in. But, if you wish to remain the slaves of bankers and pay the cost of your own slavery, let them (bankers) continue to create deposits."***At no time do the banks lend you any of their own money or any of their depositors money, so says the Court: A National bank is not authorized under national banking law to lend deposited money on depositors behalf. Carr v. Weiser State Bank of Weiser, Idaho 1937, 66 P.2d 1116, 57 Idaho 599.A deposit created through lending is a debt that has to be paid on demand of the depositor, just the same as the debt arising from a customer's deposit of checks or currency in the bank. Of course they do not really pay out loans from the money they receive as deposits. If they did this, no additional money would be created. What they do when they make loans is to accept promissory notes in exchange for credits to theborrowers' transaction accounts. Federal Reserve Bank, Chicago, Modern Money Mechanics, p. 6

COURT CASESTo be valid, offer of payment does not need to include express statement that debtor has funds necessary to make payment. Malan v. Tipton, 349 Or 638, 247 P3d 1223 (2011)If creditor is silent in response to offer, creditor does not accept offer. Malan v. Tipton, 349 Or 638, 247 P3d 1223 (2011): A tender of the proper amount due, even if rejected, extinguishes the lien and precludes foreclosure (See, e.g. Winnett v. Roberts, supra, 179 Cal App. 3d 909, 902, Lich tv v. Whitney, supra, 80 Cal. App 2d 696, 701; see also Code Civ. Proc. SS 2074.) In Winnett the court held that a tender of the principal amount without interest was sufficient because the note was usurious and the creditor was not entitled to receive interest. See also: (UCC 3-304 (c). .

HSBC Bank v. Eslava The note which was canceled by this court pursuant to a final judgmentIs null and void. Mr. Eslva is relieved of the debt. The title shall be conveyed back to Mr. Eslava by the bank by the trust, as the legal liability for the note no longer exists.

***EFT Payment occurred on credit to account. When BMW BANK notified client of receipt of said payment order and the subsequent crediting of her account on 1-27-12, according to state law HRS490.4A-209, HRS490.4A-404, and HRS 490.4A-405, acceptance and final payment have occurred, are irreversible, and BMW BANK cannot avoid the clear legal duty to pay the beneficiary (by crediting clients account) without violating state law. See FIRST SECURITY BANK OF NEW MEXICO v. PAN AMERICAN BANK 215 F.3d 1147 (10th Cir. 2000 Apellate Court***If both the payor bank and the depositary bank violate their respective midnight deadlines ( 4302(a), 4214), liability passes upstream to the payor bank. Hanna v. First National Bank of Rochester, 87 N.Y.2d 107, 661 N.E.2d 683 (1995).

***The EFT transfer constitutes payment made to the beneficiary at the beneficiarys bank in the same way as handing coins or banknotes to the beneficiarys bank for the beneficiary would constitute payment to the beneficiary. Mardorf Peach & Co. v. Attica Sea Carriers Corp. of Liberia (The Laconia), (1976) 2 All E.R. 249, 257 (appeal taken from Q.B.D.), revd, (1977) 1 All E.R. 545 (H.L.) explaining that nowdays financial obligations are not normally discharged by handling over coins or bank notes.

***It is thus the unfettered and unrestricted1 right to the use of the funds, effectively arising upon what is referred to in this article as payment finality, that discharge the debt paid by credit transfer as the equivalent of the deposit of cash to the account. 1The expression is taken from A/S Awilco v. Fulvia S.P.A. di Navigazione (The Chikuma) (1981) 1 Lloyds Rep. 371, 375 (H.L.).

***UCC 4215(d). Lema v. Bank of America, 826 A.2d 504 (Md. 2003). The right to revoke, charge back and obtain a refund terminates when settlement for the item becomes final. UCC 4214(a).

***Under the code, if a collecting bank receives a settlement for an item which becomes final, the bank is accountable to its customer for the amount of the item, and any provisional credit given for the item in an account with its customer becomes final. See Bank of America NT & SA v. Hubert, 115 Wash. App. 368, 62 P.3d 904 (2003)

***Defendants in USA v. Wahler issued EFTs, and after the practice was determined legitimate, all criminal charges dropped: U.S. District Court Western District of North Carolina (Asheville) Criminal Docket for Case #: 1:08-cr-000055-RLV-DCK-1, USA v.Wahler et all, filed 06/03/2008. http://www.myprivateaudio.com/030110_wahler_docket.pdf

***Gwinnett County Superior Court vs. Javares D. Dobbins, Criminal cases dismissed 2-22-2013: # 13-BB-00269 and Case # 12w-19493-01 because EFTs are lawful.

***Guaranty Trust company vs. Henwood, 307 U.S. 247 (1939), the court affirmed since legal tender is not in circulation, and repayment of debt is against Public Policy, since legal tender was not loaned [nor in circulation] they cannot demand payment in any [particular] form of coin or currency or legal tender, and repayment for payment need only be made in equivalent kind; a negotiable instrument.Moreover, in the case of original mortgages and Promissory notes, they are not merely exhibits but instruments which must be surrendered prior to the issuance of a judgment. The judgment takes the place of the Promissory note. Surrendering the note is essential so that it cannot thereafter be negotiated. See Perry v. Fairbanks Capital Corp., 888 So. 2d 725, 726 (Fla. 5th DCA 2004).The judgment cancels the note.LAW JUSTIFYING THE EFT OFFER TO PAY & APPLICABLE LAWS

***The Court and Blacks Law 3rd Edition have defined the purpose of a closed account: An account to which no further additions can be made on either side, but which remains still open for adjustment and set off which distinguishes it from an account stated. Bass v. Bass 8 Pick. (Mass.) 1w87;Volkening v. De Graaf, 81 N.Y. 268; Mandeville v Wilson, 5 Cranch 15, 3 L. Ed. 23.***The banks records show that the bank has an offsetting liability to the debtor pursuant to FAS 95, GAAP and thrift finance reports (TFR). These records include: FR 2046 balance sheet, FAS 95, 140, 1099-OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B Call Schedules.***DoD Financial Management Regulations Volume 3, Chapt. 10 June 2009100102 DefinitionsF. Unrecorded Obligations. Obligations that were incurred legitimately during the period of fund availability but were not recorded in the components records prior to expiration of the appropriate fund. Current accounts may be used to pay previously unrecorded obligations chargeable to a closed account.

100207. Obligations Adjustment or Payments from Current Appropriations for closed/Canceled Accounts.

A. When making payments from a current appropriation account for obligations of a closedCanceled account, the DoD Components must request a sub class A account from the Department of the Treasury. Submit request for subclass accounts in writing to the Department of the treasury, through the Defense Finance and Accounting Service (DFAS), and include the purpose for the payment. The address to which requests must be sent is listed in Treasury Financial Manual (TFM), Volume 1, Part 2, Section 3150. Use these subclass accounts to record applicable payments on the books of the Dept. of the Treasury. Report payments monthly on each components Statement of Transactions.

EFT tendered to bank was a reverse wire. See definition: http://tinyurl.com/btmkrnp A reverse wire is a B-to-B transaction in which the bank account holder authorizes another party, such as a vendor, to withdraw funds from their account via a wire transfer. It is called a reverse wire because it is initiated by the recipient of the funds, rather than the sender. This is in real time, like a wire, so it will not bounce, whereas an ACH debit or check can bounce.:

Section 4-302 at this link: http://tinyurl.com/8m4danlreads A payor bank must pay or return an item or send notice of dishonor by its midnight deadline (midnight on its next banking day following the banking day on which it receives the relevant item or notice). Most bankers are familiar with this requirement, but some do not realize that this strict deadline applies even when the check presented for payment is a counterfeit, or is drawn on a closed account. If an item is presented to you for payment, act expeditiously if you intend to return it unpaid. Otherwise, you may lose the legal right to return the item.***Only conditions in which lender may lawfully send back the EFT instrument is if creditor cites defects that exist, or they cite some real law or agreement between parties that exist that forbid acceptance of the instrument: UCC 3-501(3)(ii) (3) Without dishonoring theinstrument, thepartyto whompresentmentis made may (i) return the instrument for lack of a necessaryindorsement, or (ii) refuse payment oracceptancefor failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.***As long as the beneficiarys banks has not timely rejected the payment order, acceptance under section 4A209(b)(3) is at the opening of the next funds transfer business day if, at that time, the amount of the senders order is fully covered by a withdrawable credit balance in an authorized account of the sender or the bank has otherwise received full payment from the sender. That is, cover at the time debt is posted is irrelevant; what counts is the state of the account at the opening of the next funds-transfer business day.***Finality is described in 4214(a), which provides if a collecting bank has made a provisional settlement with its customer for an item and fails by reason of dishonor, suspension of payments by a bank or otherwise to receive settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to the account of its customer, or obtain refund from its customer, whether or not it is able to return the item, if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. If the return or notice is delayed beyond the banks midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit or obtain refund from its customer, but it is liable for any loss resulting from the delay. These rights to revoke, charge-back and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final.)***While no individual could refuse to accept such money for debt repayment, exchange contracts could easily be composed to thwart its use (federal reserve notes) in everyday commerce. Money, Credit and Velocity, Review, May, 1982, Vol. 64. No. 5, Federal Reserve Bank of St. Louis, p. 25]

exchange. ... 2. The payment of a debt using a bill of exchange or credit rather than money... [Blacks Law Dictionary 7th Edition]

12 USC 411 412: You are hereby to deliver this instrument to your financial institution, and they will follow the procedures as outlined in the aforesaid laws, by delivering to the Federal Reserve window and or the treasury window. Who upon demand will deliver the equivalent in lawful monies, as required by them under law.

Why Contempt of Court By The Judge Cant Be Justified Or Ordered Without Violating 12 USC 95a

***12 USC 95a shows that creditors must accept the instrument as any payment tendered in good faith discharges the debt: 2) Any payment, conveyance, transfer, assignment, or delivery of property or interest therein, made to or for the account of the United States, or as otherwise directed, pursuant to this section or any rule, regulation, instruction, or direction issued hereunder shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same; and no person shall be held liable in any court for or in respect to anything done or omitted in good faith in connection with the administration of, or in pursuance of and in reliance on, this section, or any rule, regulation, instruction, or direction issued hereunder. (3) As used in this subdivision the term United States means the United States and any place subject to the jurisdiction thereof;

***Penalty For Anyone Violating Any Section Of 12 USC 95 (Includes Judges & Prosecuting Attorneys for not recognizing EFT payments discharging the debt:

(a) In order to provide for the safer and more effective operation of the National Banking System and the Federal Reserve System, to preserve for the people the full benefits of the currency provided for by the Congress through the National Banking System and the Federal Reserve System, and to relieve interstate commerce of the burdens and obstructions resulting from the receipt on an unsound or unsafe basis of deposits subject to withdrawal by check, during such emergency period as the President of the United States by proclamation may prescribe, no member bank of the Federal Reserve System shall transact any banking business except to such extent and subject to such regulations, limitations and restrictions as may be prescribed by the Secretary of the Treasury, with the approval of the President. Any individual, partnership, corporation, or association, or any director, officer or employee thereof, violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $10,000 or, if a natural person, may, in addition to such fine, be imprisoned for a term not exceeding ten years. Each day that any such violation continues shall be deemed a separate offense.

***See: http://tinyurl.com/ky955aeII. Electronic Items Not Derived From Checks

The Board is aware of industry practices in which an electronic image of a ``check'' is created, but a check never existed in paper (``electronically-created items''). For example, payees collect payment by means of electronically-created items (i.e., items that never existed in paper form) that resemble images of remotely created checks. The bank, nonetheless, may transfer the image as if it were an electronic collection item or electronic return, or produce a paper item that is indistinguishable from a substitute check (although not a valid substitute check because the item never existed in paper). A bank that transfers an image as if it were an electronic collection item or electronic return may be liable under the proposed new warranties (see proposed Sec. 229.34) related to electronic collection items

In order to protect a bank that receives an electronically-created item from another bank from potential liability, the Board proposes that any bank transferring an electronically-created image and related information as either an electronic collection item or an electronic return would make any warranty the bank would make if the electronically-created item were in fact an electronic collection item or an electronic return (in other words, as if the item were derived from a paper check).

***. UCC 3-311. ACCORD AND SATISFACTION BY USE OF INSTRUMENT (a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsection apply. (b) Unless subsection (c) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim. (c) Subject to subsection (d), a claim is not discharged under the subsection (b) if either of the following applies: (1) The claimant, if an organization, proves that (i) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and (ii) the instrument or accompanying communication was not received by the designated person, office, or place. (2) The claimant, whether or not an organization, proves that within 90 days after payment of the instrument the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with paragraph (1)(i). (d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.

***Regulation CC 229.36(d) This paragraph makes settlement between banks during forward collection final when made, subject to any deferment of credit, just as settlements between banks during the return of checks are final. ii. Electronic presentment. A paying bank may require that checks presented for same-day settlement under this paragraph be presented as electronic collection items to a designated electronic presentment point. If a paying bank so requires, the presenting bank must present checks for same-day settlement as electronic collection items, and may not present paper checks to physical locations for receiving same-day settlement under this section. An electronic collection item presented for same-day settlement is subject to the provisions of this subpart as if it were a check (See 229.33). Therefore, references to checks in this subpart include electronic collection items presented under 229.36(d). See: http://tinyurl.com/ky955ae

***UCC 2-511 (2) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it.

*** UCC 3-501(1) Presentment: Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made, and is effective if made to any one or two or more makers, acceptors, drawees, or other payors.

***The EFT instrument is a bill of exchange tendered to the bank and negotiated to the United States Treasury for settlement is an obligation of the UNITED STATES under Title 18 USC Section 8.

***31 USC 5103 and 31 USC 392 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.

***The attached Negotiable Instrument (EFT) was presented in compliance under the following laws that justify its tender: The Securities Exchange Act of 1934, The Fair Credit Reporting Act Public Law 91-508 enacted in 1970, The Bankruptcy Act of 1933, Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692, et seq., 1978, Title VIII of the Consumer Credit Protection Act of 1978, Title VIII of the Consumers Credit Protection Act of 1978, The Indentured Trust Act of 1939, Public Law 97-280 and P.L. 93-224, Title 12 USC 411, 412, Public Law 97-280, House Joint Resolution 192, Public Law 73-10 of 1933, 112 Statutes at Large 48, UCC 3104(c),Spencer v. Sterling Bank, 63 Cal Ap. 4th 1055 (1998), Guaranty Trust Co. Of NY v. Henwood et al, (1939) and 307 U.S. 247 (FN3), the Within Negotiable Instruments, Vol. III (including 2006 Supplement) on the Undersigned's UCC Contract Trust Account. The entire taxing and monetary systems are hereby placed under the U.C.C." (Uniform Commercial Code)- The Federal Tax Lien Act of 1966. Such action is further confirmed in USC Title XII, Title XXVIII, Sec.1641, 3002 and the Foreign Sovereign Immunity Act. In fact, the DOD, GSA, and NASA are mandated to use EFT as payment on Federal contracts due to Public Law 104-134: http://www.fms.treas.gov/eft/regulations/fareft.txt Also 15 USC Sections 7001-7006 Uniform Electronic Transfer and Signature Act justifies the use of EFTs: http://tinyurl.com/94j3ohp The following UCC codes allow for the issuance of the EFT: UCC 1-103, 3-308, 2-221, 2-104, 3-415-419, 3-500-510.

***The right to issue notes for discharge against the obligation of the UNITED STATES for equity interest recovery due and accrued to the Principals and Sureties because of the backing of the government debt and bankruptcy reorganization since 1933. [12 USC 411, 18 USC 8, 12 USC: ch 6, 38 Stat. 251 Section 14 (a), 31 USC 5118, 3123 with rights protected under the 14th Amendment of the United States constitution, by the U.S. Supreme Court in United States v. Russell (13 Wall, 623,627) Pearlman v. Ins. Co., 371 U.S. 132, 136, 137 (1962), the United States v. Hooe, 3 Cranch (U.S.) 73 (1805), and in conformity with the U.S. Supreme Court 79 U.S. 287 (1970), 172 U.S. 48 (1898), and as confirmed at 307 U.S. 247 (1939).]

***UNITED STATES CODE: TITLE 31 > SUBTITLE III > CHAPTER 31 > SUBCHAPTERI > 3113 3113 Accepting gifts(a) To provide the people of the United States with an opportunity to make gifts to the United States Government to be used to reduce the public debt

(1) the Secretary of the Treasury may accept for the Government a gift of(A) money made only on the condition that it be used to reduce the public debt; (B) an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; and (C) other intangible personal property made only on the condition that the property is sold and the proceeds from the sale used to reduce the public debt;

***All commercial instruments such as promissory notes, credit agreements, bills of exchange and checks are defined as legal tender, or money, by the statutes such as 12 U.S.C. 1813(l)(1), UCC 1-201(24), 3-104, 8-102(9), 9-102(9), (11), (12)(B), (49), (64)

***US Code 31 subsection 3113 (1B) (2D): To provide the people of the United States with an opportunity to reduce the public debt-(1B) an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued. (2D) An obligation of theGovernment that is paid, redeemed, or bought with money from the account shall be canceled and retired and may not be reissued

***According to UCC 3-104(a) a negotiable instrument means an unconditional promise or order to pay a fixed amount of money. An EFT qualifies as a negotiable instrument under the definition, so it must be accepted as tender of payment for a debt.

***Utah Law: 70A-511 Tender of Payment by Buyer Payment by check. (1) Unless otherwise agreed, tender of payment is a condition to the sellers duty to tender and complete any delivery. (2) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business

***The Aforementioned Electronic Funds Instrument was designated in US Currency dollars. A wire transfer directly to their financial institution would obviously be acceptable as good funds.

***The USA has no inland jurisdiction Arndt v. Griggs, 134 US 316 and thus cannot compel one, upon one's proper objection, to obtain, use, tender, nor alienate any private negotiable instruments not excluding FRAUDS (Federal Reserve Accounting Unit Devices), and this was held so by the state supreme courts, even when federal gold and silver coins were in existence (see ALZR administrative agency related fines, taxes, bails, etc. See: Perry v. Washburn, 20 Cal318; Lane County v. Oregon, 7 Wall 71.

***Negotiable Instruments Law was designed to cover commercial paper and U.S. currency.See: LSA R.S. 17; 1 et seq LSA C.C. art 2139.

***Bank notes are promissory notes of a bank, payable to bearer. They are a good tender unless objected to at the time because not money. .See: Parsons Laws of Business Page 172. (Anything is acceptable as a tender unless objected to.)

***An offer of performance which, if unjustifiably refused, places the refusing party in defaultand permits the party making tender to exercise his remedy for breach of contract See: 17 P.2d952, 953.

***Any coupon/valuables presented by the presenter is backed by the full faith and credit of the United States of America, is legal tender for all obligations associated with this matter.Declaration of valuables: It is determined that replacements, in accordance with the procedure established under section 3 of the Government Losses in Shipment Act (50 Stat. 479, as amended; 5 U.S.C. 134b), of the articles or things or representatives of value enumerated and referred to in this section would be in the public interest, accordingly, they are hereby declared to be valuables within the meaning of the act.

a) Money of the United States and foreign countries. Currency, included mutilated currency and canceled currency, coins , including uncurrent coins, and specie.

b) Securities, and other instruments or documents, private and public, abstracts of title, assignments, bill, bonds, certificates of deposit, certificates of indebtedness, checks, drafts and money orders, coupons, debentures, deeds, equipment trust certificates, mortgages, notes, stamps, including postage, revenue, license, food orders and public debt, stamped envelopes and postal cards, stock certificates, trust receipts, voting trust receipts, warehouse receipts, warrants.

***Oregon Statute 81.010 Effect of unaccepted offer in writing to pay or deliver An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument or property.***15 USC Sec. 1693 (a)(e)(f) Treble damages applicable against the Bank for not crediting the account timely within 10 business days after protest of error of an omissions of an electronic funds transfer credit to his account. ***The EFT was issued in my capacity and right as a private banker. Blacks Law Dictionary, 5th Edition page 133 defines a Banker In general sense, person that engages in business of banking. In a narrower meaning, a private person who is engaged in the business of banking without being incorporated. Under some statutes, an individual banker, as distinguished from a private banker, is a person who having compiled with the statutory requirement, has received authority from the state to engage in the business of banking, while a private banker is a person engaged in banking without having any special privileges or authority from the state.***Bankers Note Blacks Law Dictionary 5th Edition: A commercial instrument resembling a bank note in every particular except that it is given by a private banker or unincorporated banking institution.***Banking is partly and optionally defined as the business of issuing notes or circulating, negotiating bills. CONCLUSION: An offer of tender refused or ignored, according to operation of law, puts the lender in default, gives me the right and remedy to demand a discharge of the debt, and requires the lender and Court to reconvey title due to lenders default and silence in response to my offer. Likewise, an offer of tender accepted, is a discharge of the debt too.