Trademark Notice
Trademark Notice: All rights reserved re common-law trade-name/trade-mark, JOHN HENRY DOE™—as well as
any and all derivatives and variations in the spelling of said trade-name/trade-mark—Trademark 1976 by John
Henry Doe™. Said common-law trade-name/trade-mark, JOHN HENRY DOE™, 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 John Henry Doe™ as signified by the hand-signed, red-ink signature of John Henry
Doe™©, hereinafter “Secured Party.” With the intent of being contractually bound, any juristic person, as well as
the agent of said juristic person, assents, consents, and agrees by this Trademark Notice that neither said juristic
person, nor the agent of said juristic person, shall display, nor otherwise use in any manner, the common-law trade-
name/trade-mark JOHN HENRY DOE™ nor the autograph common-law copyright contained herein, nor any
derivative of, nor any variation in the spelling of, JOHN HENRY DOE™ without the prior, express, written consent
and acknowledgment of Secured Party, as signified by Secured Party’s hand-signed signature in red ink. Secured
Party neither assents, nor consents, nor agrees with, nor grants, nor implies any authorization for, any unauthorized
use of JOHN HENRY DOE™, 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. “JOHN HENRY DOE,”
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. “JOHN HENRY DOE,” in Hold-harmless and Indemnity Agreement
No. R1-01011976-HHIA dated the First Day of the First Month in the Year of Our Lord One Thousand Nine Hundred
Ninty-four 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. Mutual Assent Implied and Express Contract Executed by Unauthorized Use
of Secured Party’s Common-Law Trademark ; Self-executing Security Agreement in Event of Unauthorized
Use of Secured Party’s Common-Law Trademark : By this Trademark Notice, both the juristic person and the
agent of said juristic person, hereinafter jointly and severally “User,” assent, consent, and agree that any use of
JOHN HENRY DOE™ other than authorized use as set forth above constitutes unauthorized use, counterfeiting, of
Secured Party’s common law-trademarked property, contractually binds User, renders this Trademark Notice a
Security Agreement wherein User is debtor and John Henry Doe™ is Secured Party, and signifies that User: (1)
incurs a contractual obligation in favor of Secured Party, and grants Secured Party a security interest in all of User’s
assets, land, and personal property and all of User’s rights, title, and interest in assets, land, and personal property,
in the sum certain amount of $500,000.00 per each occurrence of use of the common law-trademarked
trade-name/trade-mark JOHN HENRY DOE™, as well as for each and every occurrence of use of any and all
derivatives of, and variations in the spelling of, JOHN HENRY DOE™, plus costs, plus triple damages; (2) has
present intention to authenticate, and hereby and herewith authenticates, this Security Agreement, wherein User is
debtor and John Henry Doe™ is Secured Party, and wherein User pledges all of User’s assets, land, consumer
goods, farm products, inventory, equipment, money, investment property, commercial tort claims, letters of credit,
letter-of-credit rights, chattel paper, instruments, deposit accounts, accounts, documents, and general intangibles,
and all User’s rights, title, and interest in all such foregoing property, now owned and hereafter acquired, now
existing and hereafter arising, and wherever located, as collateral to secure User’s contractual obligation in favor of
Secured Party for User’s unauthorized use of Secured Party’s common law-trademarked property; (3) assents,
consents, and agrees with Secured Party’s filing of a Uniform Commercial Code, hereinafter “UCC,” Financing
Statement in the UCC filing office, as well as in any county-level recording/registration office, wherein User is debtor
and John Henry Doe™ is Secured Party; (4) assents, consents, and agrees that said UCC Financing Statement
described above in paragraph “(3)” is a continuing financing statement, and further assents, consents, and agrees
with Secured Party’s filing of any continuation statement necessary to maintain Secured Party’s perfected security
interest in all of User’s property and rights, title, and interest in property, pledged as collateral in this Security
Agreement and described above in paragraph “(2),” until User’s contractual obligation theretofore incurred has been
fully satisfied; (5) assents, consents, and agrees with Secured Party’s 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 the UCC filing office, as well as in any county-level recording/registration office; (6) assents,
consents, and agrees that any and all such filings described in paragraphs “(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) promises unconditionally to
accept, has present intention to authenticate and accept, and hereby and herewith authenticates and accepts, as
drawee-acceptor, any draft drawn by Secured Party to secure payment of outstanding unauthorized-use fees, as set
forth above in paragraph “(1),” incurred by User through User’s unauthorized use of Secured Party’s common law-
Trademark Notice/Terms of Contract
trademarked property; (8) waives right of presentment and all defenses; and (9) Appoints Secured Party as non-
fiduciary authorized representative for User, effective upon User’s default re User’s contractual obligations in favor of
Secured Party as set forth below under “Payment Terms” and “Default Terms,” granting Secured Party full
authorization and power to engage in any and all actions on behalf of User, in respect of User’s outstanding
contractual obligation as set forth above in paragraph “(1),” including, without limitation, authentication of a record on
behalf of User, as Secured Party, in Secured Party’s sole discretion, deems appropriate and, as regards any deposit
account of any kind maintained with any bank in/under the name of User, and likewise any deposit account
maintained with any bank in/under the Taxpayer Identification Number of User, notwithstanding the absence of
User’s name as account-holder on any such deposit account, grants Secured Party full authorization and power to
originate instructions for said deposit-account bank and to direct the disposition of funds in said deposit account and
execute demand drafts, as that term, i.e. “demand draft,” is defined at UCC 3-104(k), to discharge User’s
aforementioned outstanding contractual obligation, without further consent of User and without liability, and User
further consents and agrees that appointment of Secured Party as non-fiduciary authorized representative for User,
effective upon User’s default, is irrevocable and coupled with a security interest. User Further Assents, Consents,
and Agrees with the Following Additional Terms of “Mutual Assent Implied and Express Contract Executed
by Unauthorized Use of Secured Party’s Common Law-Trademarked Property ; Self-executing Security
Agreement in Event of Unauthorized Use of Secured Party’s Common Law-Trademarked Property”: Payment
Terms: In accordance with fees for unauthorized use of JOHN HENRY DOE™ as set forth above, User hereby
assents, consents, and agrees that User shall pay Secured Party all unauthorized-use fees in full within ten (10)
days of the date Secured Party sends User the invoice, hereinafter “Invoice,” itemizing said fees. Default Terms: In
event of non-payment in full of all unauthorized-use fees by User within ten (10) days of date Invoice is sent, User
shall be deemed in default and: (a) all of User’s property and rights, title, and interest in property pledged as
collateral by User, as set forth in 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 “(9)”; and (c) User
assents, consents, and agrees that Secured Party may take possession of, as well as otherwise dispose of in any
manner that Secured Party, in Secured Party’s sole discretion, deems appropriate, including, without limitation, sale
at auction, at any time following User’s default, and without further notice, any and all of User’s property and rights,
title, and interest in property, described above in paragraph “(2),” formerly pledged as collateral by User, now
property of Secured Party, in respect of this “Mutual Assent Implied and Express Contract Executed by
Unauthorized Use of Secured Party’s Common Law-Trademarked Property; Self-executing Security Agreement in
Event of Unauthorized Use of Secured Party’s Common Law-Trademarked Property,” 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 rights, title, and interest in
property, described above in paragraph “(2),” in the possession of, as well as disposed of by, Secured Party, as
authorized above under “Default Terms,” User may cure User’s default only re the remainder of User’s said former
property and rights, title, 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 former property and rights, title, and
interest in property formerly pledged as collateral by User, now property of Secured Party, which is not in the
possession of, nor otherwise disposed of by, Secured Party upon expiration of said twenty- (20) day default-curing
period. Ownership subject to trademark of common-law trade-name/trade-mark; priority perfected security interest
subject to UCC Financing Statement filed in the UCC filing office. Record Owner: John Henry Doe™, Autograph
Common Law Copyright © 1994. Unauthorized use of “John Henry Doe” incurs same unauthorized-use fees as
those associated with JOHN HENRY DOE™, as set forth above in paragraph “(1).”
Trademark Notice/Terms of Contract
